JUNE 21, 2016 Clerk of the Board YOLANDE BARIAL KNIGHT NOTE CHANGE of MEETING LOCATION (510) 544-2020 PH (510) 569-1417 FAX

Board of Directors Board Meeting Packet

JUNE 21, 2016 Clerk of the Board YOLANDE BARIAL KNIGHT NOTE CHANGE OF MEETING LOCATION (510) 544-2020 PH (510) 569-1417 FAX

East Bay Regional Park District MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Board of Directors

DOUG SIDEN President - Ward 4 The Regular Session of the JUNE 21, 2016 BEVERLY LANE Board Meeting is scheduled to commence at Vice President - Ward 6 2:00 p.m. at: DENNIS WAESPI Treasurer - Ward 3 DIANE BURGIS Big Break Visitor Center at the Delta Secretary - Ward 7 Big Break Regional Shoreline 69 Big Break Road, Oakley JOHN SUTTER Ward 2 AYN WIESKAMP Ward 5 WHITNEY DOTSON Ward 1 Respectfully submitted,

ROBERT E. DOYLE General Manager

P.O. Box 5381 2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX www.ebparks.org AGENDA

REGULAR MEETING OF JUNE 21, 2016 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT

12:30 p.m. ROLL CALL (Board Conference Room) The Board of Directors of the East Bay Regional Park PUBLIC COMMENTS District will hold a regular meeting at Big Break Visitor CLOSED SESSION Center, 69 Big Break Road, Oakley, CA, commencing at A. Conference with Labor Negotiator: Gov’t Code § 54957.6 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, June 21, 2016. Agency Negotiator: Robert E. Doyle, Debra Auker, Jim O’Connor, Sukari Beshears Agenda for the meeting is Employee Organizations: AFSCME Local 2428, Police Association listed adjacent. Times for agenda Unrepresented Employees: Managers and Confidentials items are approximate only and are subject to change during the meeting. If you wish to speak on B. Conference with Legal Counsel: matters not on the agenda, you may do so under Public 1) Existing Litigation – Gov’t Code § 54956.9 (d)(1): Comments at the beginning or end of the agenda. If you wish to a) Balch V EBRPD, Alameda Superior Court testify on an item, please complete a speaker’s form and Case No. RG - 16814952 submit it to the Clerk of the Board. C. Conference with Real Property Negotiator Regarding Price and/or Terms of Payment – Gov’t Code § 54956.8 A copy of the background materials concerning these agenda items, including any 1) Agency Negotiator: Jim O’Connor, Carol Victor material that may have been submitted less than 72 hours APN/ADDRESS PROPERTY OWNERS PARK/TRAIL before the meeting, is available Alameda County for inspection on the District’s website (www.ebparks.org), the Administrative Building 9999 Redwood Road, East Bay Regional Park Chabot Gun Club reception desk, and at the Castro Valley District meeting. APN 085 035 001 001 Agendas for Board Committee 2:00 p.m. OPEN SESSION (Board Room) Meetings are available to the public upon request. If you wish PLEDGE OF ALLEGIANCE to be placed on the mailing list to receive future agendas for a specific Board Committee, A. APPROVAL OF AGENDA please call the Clerk of the Board’s Office at (510) 544- B. 1. SPECIAL RECOGNITION 2020. a) Recognition of Eagle Scouts District facilities and meetings b) Recognition of EBRPD/City of Oakley Joint Sign comply with the Americans with Project Disabilities Act. If special accommodations are needed for 2. SPECIAL PRESENTATION you to participate, please a) Presentation on the Eastern Contra Costa County contact the Clerk of the Board Habitat Conservation Plan (HCP) by the Executive as soon as possible, but preferably at least three Director of the HCP Conservancy working days prior to the meeting. C. PUBLIC COMMENTS 1 2:30 p.m. D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of May 9, 2016 to May 22, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of June 7, 2016 (Barial Knight/Auker) (No Cost) c. Ratification of Out-of-State Travel for Directors Ayn Wieskamp, Whitney Dotson, John Sutter and Dennis Waespi’s Attendance at the 2016 Special Park Districts Forum, June 13 – 17, 2016 in Cleveland, Ohio (Barial Knight) (Resolution) (Budgeted Funds) d. Authorization to Execute a Consulting Services Contract with Stantec Consulting Services, Inc. for Traffic Engineering and Air Quality Consultant Services: Black Diamond Mines Regional Preserve/Clayton Area Ranch LUPA (Tong/Nisbet) (Resolution) (Budgeted Funds) e. Reject All Bids Received for Parking Lot Expansion and Building Access Improvements Project: Peralta Oaks (Lim/Nisbet) (Resolution) (No Cost) f. Authorization to Amend a Sole Source Service Agreement with Advanced Helicopter Services to Complete a 3500 Hour Transmission Overhaul and Required Maintenance Services (Probets/T. Anderson) (Resolution) (No Cost) g. Resolution to Support Pending State Legislation AB 2087 (Levine): Regional Conservation Frameworks (Pfuehler/Doyle) (Resolution) (No Cost) h. Resolution to Support Pending State Legislation AB 2800 (Quirk): Climate-Safe Infrastructure Working Group (Pfuehler/Doyle) (Resolution) (No Cost) i. Resolution to Support Contra Costa County’s Leadership on the Concept of a Marsh Creek Corridor Multi-Use Trail (Pfuehler/Doyle) (Resolution) (No Cost) j. Resolution to Commemorate the 100th Anniversary of the National Park Service and the Modern National Park System (Pfuehler/Doyle) (Resolution) (No Cost) k. Resolution to Amend the Park Advisory Committee’s 2016 Work Plan (Pfuehler/Doyle) (Resolution) (No Cost) l. Resolution to Support Pending State Legislation SB 868 (Jackson): Remote Piloted Aircraft Act (Pfuehler/Doyle) (Resolution) (No Cost) m. Resolution to Support Pending State Legislation SB 1111 (Pavley): State Parks Operating Agreements (Pfuehler/Doyle) (Resolution) (No Cost) n. Authorization of Spartina Control Grant Funding Agreements with the California Wildlife Foundation: District-wide (Margulici/Graul/Auker) (Resolution) (Budgeted Funds)

2 o. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended March 31, 2016 (Zenoni/Auker) (Resolution) (No Cost)

3:00 p.m. 2. FINANCE AND MANAGEMENT SERVICES DIVISION

PUBLIC HEARING

a. Approval of Resolution Declaring the Formation of a Community Facilities District (No. C-2 Las Trampas); Calling a Special Election; Declaring Results of a Special Landowner Election and Directing the Recordation of a Special Tax Lien; and Authorizing the Levy of Special Taxes (Spaulding/Holt/Auker) (Resolution) (Rev Authorization/ Budgeted Funds) PUBLIC HEARING

b. Approval of Engineer's Report for Fiscal Year 2016/2017, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for East Contra Costa County Landscaping and Lighting Assessment District No. 1; Adopt Resolution Regarding Protests (Rasmussen/Auker) (Resolution) (No Cost)

3:30 p.m. 3. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)

3:45 p.m. 4. GENERAL MANAGER’S COMMENTS

4:00 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

4:05 p.m. 6. BOARD COMMITTEE a. Executive Committee (6/03/2016) (Siden) b. Executive Committee (5/06/2016) (Siden) c. Finance Committee (2/24/2016) (Waespi)

4:15 p.m. 7. BOARD COMMENTS

4:45 p.m. E. PUBLIC COMMENTS

4:55 p.m. F. ADJOURNMENT

3 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of May 9, 2016 Through May 22, 2016 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of May 9, 2016 through May 22, 2016.

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.

4 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 -

June 21, 2016

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MAY 9, 2016 THROUGH MAY 22, 2016

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 May 9, 2016 through May 22, 2016;

Moved by Director , seconded by Director , and adopted this 21st day of June, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

5 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of June 7, 2016 (Barial Knight/Auker)

The Board Meeting, which was held on June 7, 2016 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 12:30 p.m. by Board President Siden.

ROLL CALL

Directors Present: Doug Siden, President Beverly Lane, Vice President Dennis Waespi, Treasurer John Sutter Ayn Wieskamp Whitney Dotson

Directors Absent: Diane Burgis, Secretary

At this time, the Board of Directors met in Closed Session to discuss those items outlined on the agenda.

The Open Session of the Board Meeting was called to order at 2:00 p.m. by Board President Siden.

Staff Present: Robert Doyle, Debra Auker, Carol Victor, Ana Alvarez, Carol Johnson, Erich Pfuehler, Aaron Roth, Tiffany Margulici, Liz Musbach, Alicia Gonzales, Bob Nisbet, Nate Luna, Tim Anderson, Jim O’Connor, Kristina Kelchner, Matt Graul, Al Love, Anthony Ciaburro, Kelly Barrington, Isa Polt Jones, Mark Ragatz, Matt Graul, Sukari Beshears

Guests: Carin High, Sireesh Pedapenki, Siri Pedapenki, Melissa Liu, Abby Fateman, Meredith Hendricks, Paul Burns

A. APPROVAL OF AGENDA

By motion of Director Wieskamp, and seconded by Director Dotson, the Board voted unanimously to approve the Agenda.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi. Ayn Wieskamp. Directors Against: None. Directors Absent: Diane Burgis.

B. SPECIAL RECOGNITION

Director Wieskamp introduced the director of the program, Carin High – Friends of Coyote Hills. Habitat Means Home Posters Contest winners were presented with a District water bottle. First place: Sireesh Pedapenki, Second place: Melissa Liu, and Honorable Mention: Siri Pedapenki were honored. GM Doyle acknowledged Carin High as a true conservationist.

C. PUBLIC COMMENTS

Members of the public addressed the Board on the Anthony Chabot Gun Club’s lease as well as maintenance needs at the Steam Trains at Tilden Park.

7 D. BUSINESS BEFORE THE BOARD

CONSENT CALENDAR

By motion of Director Sutter, and seconded by Director Wieskamp, the Board voted unanimously to approve the Consent Calendar.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: Diane Burgis.

a. Approval of District Check Listing for the Period of April 25, 2016 to May 8, 2016 Resolution No. 2016 – 06 – 125 (attached)

b. Approval of the Minutes for the Board Meeting of June 7, 2016

c. Authorization to Negotiate with Various Property Owners Resolution No. 2016 – 06 – 126 (attached)

d. Authorization to Enter into a Lease Agreement with Mussi Ag. a California General Partnership: Delta Access Regional Recreation Area Resolution No. 2016 – 06 – 127 (attached)

President Siden had a question regarding the difference between the lease on farmable vs. non farmable land. Liz Musbach, Land Acquisition Manager, explained that the lease rate is based on only areas that can be farmed. Crops are alfalfa and baby lima beans.

e. Authorization to Grant a 44-Square Foot Easement and Issue an Encroachment Permit to the City of Lafayette for the Placement, Operation and Maintenance of a Traffic Signal Pole, Utility Box and Underground Appurtenances, and Require from the City a Sidewalk Improvement: Lafayette – Moraga Regional Trail Resolution No. 2016 – 06 – 128 (attached)

Director Sutter questioned whether the trail and maintenance issues could be done at the same time. Sean Dougan, Trails Development Manager, said they could not be done at the same time based on the right of way issues. Director Lane asked if Lafayette is planning a roundabout and how will the trail users access the trail. Dougan said he is aware of the roundabout, safety improvements are planned and access information will be forthcoming.

f. Authorization to Transfer and Appropriate Measure WW and Measure AA Funds for Land Acquisition Department Projects Resolution No. 2016 – 06 – 129 (attached)

g. Authorization to Award a Contract to TNB Construction for Del Valle Service Yard Improvements, Phase I: Del Valle Regional Park Resolution No. 2016 – 06 – 130 (attached)

President Siden complimented staff on the tour of the service yard and the improvements. 8 h. Authorization to Award a Contract to VSS International, Inc. for Asphalt Maintenance: Iron Horse Regional Trail Resolution No. 2016 – 06 – 131 (attached)

i. Authorization to Apply to the California Office of Emergency Services for Funds from the Federal Emergency Management Agency for Hazard Mitigation Planning and Hazardous Fuels Management in the East Bay Hills Resolution No. 2016 – 06 – 132 (attached)

j. Authorization to Transfer and Appropriate Funds and Increase Construction Contingency for Campground Restrooms Replacements: Del Valle Regional Park Resolution No. 2016 – 06 – 133 (attached)

President Siden complimented staff on the restrooms at Del Valle.

k. Authorization for Budgetary Closure of Completed Projects, Related Transfer of Funds and Amendments to the 2016 Budget Resolution No. 2016 – 06 – 134 (attached)

President Siden complimented staff on the number of completed projects under budget. A member of the public commented on Vargas Plateau.

l. Authorization to Apply for Federal Grant Funds from the Active Transportation Program for San Francisco Bay Trail Projects: District- wide Resolution No. 2016 – 06 – 135 (attached)

Director Sutter and President Siden commended staff on these projects.

m. Authorization to Approve Recycled Water Service Agreements with City of Livermore and Alameda County for use at Shadow Cliffs Regional Recreation Area Resolution No. 2016 – 06 – 136 (attached)

Director Sutter asked if the recycled water should have color added so that people won’t drink it. Debra Auker, AGM Finance and Management Services explained that the guidelines are set by code and they have determined that purple pipe is how the water is identified. Director Wieskamp said this is irrigation water and is marked as non-drinkable water. GM Doyle said is the water is for drip irrigation and is not accessible to the public. Wieskamp complimented the agencies on collaboration and adding recycled water to the park. GM Doyle said that this is the first purple pipe project for the District. Director Waespi added that this is forward thinking, cheaper, is clean water, and runs 16 miles parallel. Director Lane asked if the District can use this to water the grass. Deputy GM Alvarez said that the use of recycled water is bound by state code, Title 22 with specific guidelines on timing of irrigation.

n. Approval of the Appointment of Julie Bueren to the Park Advisory Committee Resolution No. 2016 – 06 – 137 (attached)

9 o. Resolution to Support Pending State Legislation AB 2413 (Thurmond): Sea Level Rise Preparation Resolution No. 2016 – 06 – 138 (attached)

p. Resolution to Oppose Pending State Legislation AB 2476 (Daly): Parcel Tax Notification Resolution No. 2016 – 06 – 139 (attached)

q. Resolution to Support Pending Federal Legislation H. Res. 616 (DeSaulnier): Port Chicago African American Sailors Exoneration Resolution No. 2016 – 06 – 140 (attached)

r. Resolution to Support Pending Federal Legislation S. 651 (Boxer): John Muir National Historic Site Expansion Act Resolution No. 2016 – 06 – 141 (attached)

s. Resolution to Support Pending State Legislation SB 1062 (Lara): Elephant Bullhook Ban Resolution No. 2016 – 06 – 142 (attached)

t. Resolution to Support Pending State Legislation SB 1172 (Hancock): City of Albany Tidelands Resolution No. 2016 – 06 – 143 (attached)

u. Resolution to Support Pending State Legislation SB 1277 (Hancock): Banning Port of Oakland Coal Exports Resolution No. 2016 – 06 – 144 (attached)

2. FINANCE AND MANAGEMENT SERVICES DIVISION

By motion of Director Dotson, and seconded by Director Lane, the Board voted unanimously to approve item 2a.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: Diane Burgis.

a. Authorization to Accept a 4.88± acre Trail Easement (APN’s: 060-2535-001 and 066-2680-003-05) from Golden Gate Land Holdings, LLC: McLaughlin Eastshore State Park Resolution No. 2016 – 06 – 145 (attached)

AGM Nisbet provided the Board with a map showing the location of the acreage donated by Golden Gates Fields to the District. Director Sutter stated he was pleased to see this moving forward.

By motion of Director Lane, and seconded by Director Sutter, the Board voted unanimously to approve item 2c.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. 10 Directors Absent: Diane Burgis.

c. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 76.46± Acres of Real Property (Hanson) from Save Mount Diablo, a California Non-Profit Public Benefit Corporation: Deer Valley Regional Park Resolution No. 2016 – 06 – 146 (attached)

John Bouyea, Senior Land Acquisition Specialist, outlined the background on this action. This property is currently owned by Save Mt Diablo and was formerly the Hanson Ranch. It has an oak studded ridgeline that creates a long canyon and a creek. East Contra Costa County Habitat Conservancy will contribute 75% of the funding.

Director Sutter said the county is proposing a trail and will we have a staging area. GM Doyle replied that this property is on the steep side of Marsh Creek Road and he isn’t certain about a staging area. GM Doyle stated that as we aggregate the Park District will look at a management plan with habitat. Abbey Fateman, Executive Director, East Contra Costa Habitat Conservancy remarked that the management plan has not yet started. Meredith Hendricks, Programs Director of Save Mt. Diablo added that they purchased this property to have it permanently preserved in hopes that the Park District would buy it. Fateman added that this is the 28th joint acquisition with the Park District. Fateman thanked the regional parks staff for their willingness to take on different projects in the spirit of partnership, and she expressed her appreciation to Save Mt. Diablo for their partnership. Lane suggested that there could be a celebration at the 10th year of our partnership.

By motion of Director Sutter, and seconded by Director Lane, the Board voted unanimously to approve item 2b.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: Diane Burgis.

b. Authorization to Enter Into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition of 20.0± Acres of Real Property from Lawrence J. O’Neill and Kathleen M. O’Neill, Trustees: Point Pinole Regional Shoreline Resolution No. 2016 – 06 – 147 (attached)

By motion of Director Lane, and seconded by Director Sutter, the Board voted unanimously to approve item 2d.

Directors For: Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Director Recused: Whitney Dotson. Directors Absent: Diane Burgis.

Liz Musbach, Land Acquisition Manager, explained the need to acquire this property and the importance to protect significant shoreline habitat and preserve open space and eliminate the use of future non-compatible uses. Director Wieskamp asked if there is a need for a security fence between railroad right-of- way and the park. Musbach replied it could be determined for future planning. Director Lane asked where Rheem Creek meandered and what would need to be done to re-align it. Musbach indicated the location on the map. Chris Barton, Environmental Programs Manager provided information on the plans to re-engineer the Creek. GM Doyle stated Contra Costa County Flood Control has expressed an interest in looking at potential projects on Rheem Creek. Director Siden inquired about the appraisal value if it is less than $2 million. Musbach replied if it is less the offer will be off the table. GM Doyle added if it comes in higher than $2 million the sellers are committed to sell it for $ 2 million. Musbach agreed that they would be committed and willing to take a charitable donation towards the difference. Director Sutter complimented staff in getting to this point. He asked if the District could use the PG&E strip of land. Musbach answered it has no utility. Doyle says it will be open space absent the power lines.

d. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 199.43± Acres of Real Property from the Coelho Machado Family Limited Partnership, a California Limited Partnership: Vasco Hills Regional Preserve Resolution No. 2016 – 06 – 148 (attached)

By motion of Director Lane, and seconded by Director Sutter, the Board voted unanimously to approve item 2e.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: Diane Burgis.

John Bouyea, Senior Land Acquisition Specialist using PowerPoint for presentation stated that ECCHC is paying 90% of this funding, 10% conservation fund and no cost to the District. An interesting feature of this property is that there is an undercrossing that allows for access to both sides of the property. Abbey Fateman, Executive Director, East Contra Costa Habitat Conservancy, said that this area is dry, hot and supports our rare and specialty status plants and animals. This is the 29th partnership acquisition.

Public commented that the District is not looking at public usage, proximity to public area or public access when acquiring properties. Director Sutter added that there is potential public use. Among the other properties there is a very elaborate stable, plans for trails and some of those trails will be popular for equestrians. The District has to think of not only existing populations but the future. GM Doyle added that 90% of the money comes from ECCHC whose dominate use is for habitat. It pre-allows for recreation even in a highly permitted and endangered area. The District is subject to federally regulated lands and rules for specie protection. Lane congratulated everyone and asked Matt Graul why the District refers to this as grassland and not prairie.

e. Authorization to Award Job Order Contracts JOC-001, JOC-002, and JOC-003 to Agbayani Construction Corporation, Flint Builders, Inc., and Mark Scott Construction, Inc., Respectively: District Wide Resolution No. 2016 – 06 – 149 (attached)

By motion of Director Lane, and seconded by Director Wieskamp, the Board voted unanimously to approve item 2e.

Directors For: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: Diane Burgis.

12 Bob Nisbet, AGMs ASD opened the discussion by clarifying responses to several questions. Nisbet stated that by using Job Order Contracts (JOC) it will be competitively bid, there is transparency, staff will report on how the District is contracting annually and status reports will be provided. Nisbet combined his Power Point presentation to cover both items e and f. Nisbet explained that JOC is about efficiently spending the money to get projects completed. Rob Lim, Chief of Design and Construction, passed out a hard copy of the PowerPoint to the Board. JOC is an alternative project delivery method. The District can task the job contractor with any number of job orders without having to competitively bid any of these projects. JOC creates and fosters a more collaborative environment and a less adversarial relationship and it does not replace existing methods. Lim walked the Board through a case study.

f. Authorization to Award Job Order Contracts JOC-004, JOC-005, and JOC-006 to Agbayani Construction Corporation, Mark Scott Construction, Inc., and Flint Builders, Inc., Respectively: District Wide Resolution No. 2016 – 06 – 149 (attached)

Director Sutter asked for clarification on the definition of ‘adjustment factor’. Lim described it as a unit price book/catalog of costs that all of the contractors agree to use as their criteria for pricing each task. Change orders are dealt with after discussion between the contractor and the District. Doyle said this should reduce the amount of change orders due to the standardization of costs in the book. Director Wieskamp thanked staff for all of their hard work. Director Waespi asked if the contractors have had experience with JOC. Lim said that they have had experience in differing degrees. Director Siden asked for additional clarifications on a unit price book. The Gordian Group develops the unit price book. GM Doyle compared this book to the Blue Book.

BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

General Manager Robert Doyle discussed those items listed on the staff report.

3. GENERAL MANAGER’S COMMENTS

Matt Graul, Chief of Stewardship, introduced his staff to discuss the blue green algae blooms. Hal MacLean, Water Management Supervisor provided and outline on the history of algal blooms in the Park District. He commented that it has become a worldwide problem due to aging reservoirs, sedimentation, drought and warmer temperatures. Cyanobacteria was detected in the 70’s, a bloom in 2008 in Anza and first toxic bloom was in 2014, 2015 and 2016. The District put signage up in these areas of harmful blooms. MacLean showed the different types of signs used at the lakes. Staff has identified microsystin toxin in our waters. IPM Specialist, Casey Brierly’s job is to try to find solutions for the problem. The best long term option is dredging, the short term is that, we can increase our sedimentation. Siden asked how difficult it is to get the permits. Graul replied that the District does have permits for maintenance, but the challenge is to increase the amount that can be removed. Brierly said the District could try to reestablish wetlands, short term solutions are Poslock, aeration, Pak 27 removal. Lane asked if EBMUD is doing anything. Brierly said the District is taking the lead, since this this is EBMUD’s secondary water source, so they are not as concerned. Phosphorus is the food source for blue green algae. Brierly explained that future plans include: floating islands, an aeration system in Lake Anza for 2017, nutrient source study and continued networking. Graul said that staff is developing a brochure.

GM Doyle asked Matt Graul to summarize the hours/money staff has used on these blooms and give to the Board. GM Doyle announced that the District has received a unique competitive grant for Crown Beach which will start the process for expansion and internal changes in that education center. Staff did a great job to obtain this grant. GM Doyle acknowledged staff and Operations for Lake Chabot’s 50th Anniversary.

4. ANNOUNCEMENTS FROM CLOSED SESSION District Counsel Victor announced that were no announcements from closed session.

5. BOARD COMMENTS

Director Siden reported on meetings attended. Director Siden  Attended CSDA’s Special Legislative days;  Attended the EB EDA Annual Economic Forecast meeting;  Attended the Cull Canyon Volunteer picnic;  Attended the Regional Park Foundation meeting;  Attended the Lake Chabot’s 50th Anniversary;  Attended the Board Operation Committee meeting;  Attended the Del Valle Board Tour;  Attended the MLK Rally Committee meeting;  Will attend the EB EDA planning retreat;  Will attend the Concert at the Cove;  Will attend the 50th Anniversary Sandcastle Contest.

Director Lane reported on meetings attended. Director Lane  Attended the BAOSC in Richmond;  Attended the Cull Canyon Volunteer picnic;  Attended Lake Chabot’s 50th Anniversary;  Attended the Del Valle Board Tour;  Attended political parties;  Led a historical park tour of San Ramon Creek;  Announced the CC County History Center opened a new exhibit on Judges of Justice;  Thanked the Foundation for the new bottle;  Attending Elected Women’s picnic at Sycamore;  Would like to be informed on Tilden railroad and the gun club issues;  Announced that the map is being installed at Tilden today.

Director Waespi reported on meetings attended. Director Waespi  Attended the Cull Canyon Volunteer picnic;  Attended the Finance Committee meeting;  Attended the Executive Committee meeting;  Attended the Foundation’s event at Drake’s Brewery;  Attended Lake Chabot’s 50th Anniversary;  Announced the passing of Al Mendoza, a long time grazer;  Attended CSDA’s Special Legislative days;  Attended the CARPD Conference;  Presented an award from CARPD to the District’s website and to Director Sutter who was awarded the Director of the Year Award.

Director Sutter reported on meetings attended. Director Sutter  Attended the BAOSC in Richmond;  Attended the discussion with staff on Chabot Science Center’s project to build a camp;  Attended the Operations Committee meeting;  Attended the Del Valle Board Tour;  Thanked staff, the General Manager and Public Affairs for 14 making the nomination and for the CARPD award.

Director Wieskamp reported on meetings attended. Director Wieskamp  Attended the Livermore Chamber event;  Attended the Ecology Committee meeting;  Attended the Finance Committee meeting;  Attended the Operations Committee meeting;  Attended the Del Valle Board Tour;  Making a Niles rotary presentation;  Attending the Elected Women’s picnic at Sycamore;  Attending the Special Park Districts Forum;  Would like to be informed on the Tilden railroad and the gun club issues.

Director Dotson reported on meetings attended. Director Dotson  Attended Del Valle Board Tour;  Attended the Board Executive Committee meeting;  Attending the Legislative Luncheon in Sacramento.

6. WORKSHOP TO REVIEW THE RECENT CAPITOL HILL MEETINGS

Erich Pfuehler, Government Affairs Manager, used a PowerPoint to cover EBRPD’s meetings while in Washington, DC, and handed out the Federal and Legislative priorities to the Board.

The Board thanked Yulie Padmore, Confidential Secretary, and Erich Pfuehler for a well thought out and organized schedule of meetings.

D. ADJOURNMENT

The meeting was adjourned at 6:23 pm by Board President Doug Siden.

Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board

15 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Ratification of Out-of-State Travel for Directors Ayn Wieskamp, Whitney Dotson, John Sutter and Dennis Waespi’s Attendance at the 2016 Special Park Districts Forum, June 13 – 17, 2016 in Cleveland, Ohio (Barial Knight)

RECOMMENDATION

It is requested that the Board of Directors ratify the attendance of Directors Ayn Wieskamp, Whitney Dotson, John Sutter and Dennis Waespi at the 2016 Special Park Districts Forum that began last June13 - 17, 2016, in Cleveland, Ohio.

REVENUE/COST

Funding for this trip is available in existing departmental budgets.

BACKGROUND

The 2016 Special Park Districts Forum was scheduled from June 13 – 17, 2016, in in Cleveland, Ohio. This forum is an important informational gathering of park and recreation agencies. District representatives attended various on-site institutes, tours, and informational sessions.

The District has been a participant as well as host of the Special Park Districts Forum for over 20 years. This affiliation meets once per year to review the governance, administration, operations and other aspects of special districts that are established for the purposes of creating and administering public parks, recreation, open space, and interpretive facilities. Board Members meet with members and commissioners of like-agencies to investigate and bring back to this District ideas and solutions to the unique resource, public and financial issues that face large, special park districts.

Board authorization to attend out of state conferences is required prior to the conference dates; however due to scheduling and calendaring issues, the authorization was not submitted earlier and is being requested at this time.

ALTERNATIVES

No alternatives are recommended.

16 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 -

June 21, 2016

RATIFIFCATION OF OUT-OF-STATE TRAVEL FOR DIRECTORS AYN WIESKAMP, WHITNEY DOTSON, JOHN SUTTER AND DENNIS WAESPI’S ATTENDANCE AT THE 2016 SPECIAL PARK DISTRICTS FORUM, JUNE 13 - 17, 2016, IN CLEVELAND, OHIO

WHEREAS, the East Bay Regional Park District is a longstanding participant in the Special Park Districts Forum, held annually at different Special Park Districts across the United States and Canada; and

WHEREAS, the Special Park Districts Forum provides a unique opportunity for the East Bay Regional Park District Board Members and staff to meet with officials from other regional government agencies to examine solutions to common issues facing operators of major resource protection and public use facilities; and

WHEREAS, the 2016 Special Park Districts Forum was held from June 13 –17, 2016 in Cleveland, Ohio; and

WHEREAS, funding for these trips is available in existing departmental budgets; and

WHEREAS, District policy requires Board authorization for out-of-state travel by Board Members and the General Manager;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby ratifies the out-of-state travel for Directors Ayn Wieskamp, Whitney Dotson, John Sutter and Dennis Waespi who attended the 2016 Special Park Districts Forum from June 13 - 17, 2016, in Cleveland, Ohio; 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 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

17 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Execute a Consulting Services Contract with Stantec Consulting Services, Inc. for Traffic Engineering and Air Quality Consultant Services: Black Diamond Mines Regional Preserve/Clayton Area Ranch LUPA (Tong/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a consulting services contract with Stantec Consulting Services of Walnut Creek, California in the amount of $53,532 for traffic engineering and air quality consultant services at Black Diamond Mines Regional Preserve related to the Clayton Area Ranch Land Use Plan Amendment (LUPA).

REVENUE/COST

Funding for the consulting services contract is available from the source of funds indicated below:

SOURCE OF FUNDS Complete LUPA/CEQA–Black Diamond Mines – Project #515800 $40,000 General Fund–Current Planning Dept. – Other Services (101-7322-000-6191) $13,532

Total Cost $53,532

BACKGROUND

Black Diamond Mines Regional Preserve (Preserve) is one of the most unique and important interpretive parks in the regional park system. The East Bay Regional Park District (District) began acquiring land for the Preserve in 1973 and opened the park to the public in 1976. The District first adopted a Land Use Development Plan/Environmental Impact Report for the Preserve in 1977 covering 3,473 acres. In 2000, the District prepared a Land Use Plan Amendment to integrate a 772-acre acquisition into the existing park and a year later approved a Land Use Plan Amendment Checklist to open to the public an additional 440 acres.

18 District staff is currently preparing a Land Use Plan Amendment (LUPA) for the Preserve to plan and eventually open additional parkland to the public. The current LUPA comprises 4,930 acres of land now closed to the public, including a 4,195-acre landbank area acquired in several transactions since 1998 that adjoins the Preserve to the south. Also included in the current LUPA is the 192-acre Arata/Moller Ranch property, expected to be transferred later this year from the Antioch Unified School District to the District; this property is a critical acquisition because it completes the northern entrance to the Preserve and provides opportunities for staging, staff and public facilities.

In order to proceed with recommendations in the LUPA, Planning staff prepared a Request for Proposals for traffic engineering and air quality consultant services focused on three proposed staging/parking areas, as show in Figures 1-3, including: 1) Arata/Moller Ranch, 2) Clayton Ranch, and 3) the proposed public crossing of Marsh Creek Road. The consultant’s scope of work is to include the following components:

 Assess the project’s transportation, air quality and greenhouse gas emissions impacts under the California Environmental Quality Act (CEQA)  Evaluate roadway geometrics and provide recommendations for developing multi-use public access to the three proposed parking areas  Develop conceptual design alternatives for public access to the Clayton Ranch Staging Unit  Evaluate and provide conceptual designs and recommendations for a proposed public crossing of Marsh Creek Road to connect the Preserve with Mount Diablo State Park

The District received two consultant proposals. District staff determined Stantec Consulting Services, Inc., to be the highest ranked firm.

ALTERNATIVES

No alternatives are recommended.

19 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 –

June 21, 2016

AUTHORIZATION TO EXECUTE A CONSULTING SERVICES CONTRACT WITH STANTEC CONSULTING SERVICES, INC. FOR TRAFFIC ENGINEERING AND AIR QUALITY CONSULTANT SERVICES: BLACK DIAMOND MINES REGIONAL PRESERVE/CLAYTON AREA RANCH LUPA

WHEREAS, the East Bay Regional Park District is preparing a Land Use Plan Amendment for Black Diamond Mines Regional Preserve that includes incorporating and opening to the pubic of 4,930 acres now in landbank; and

WHEREAS, to proceed with preparing the Land Use Plan Amendment, District Planning staff requires expertise in traffic engineering and air quality consultant services; and

WHEREAS, the District advertised a Request for Proposal for traffic engineering and air quality consultant services in connection with the Land Use Plan Amendment and two (2) firms submitted proposals; and

WHEREAS, after evaluating the proposals submitted, the District determined Stantec Consulting Services, Inc. of Walnut Creek, California to be the highest ranked firm, and has successfully negotiated contract terms and conditions including a fee of $53,532; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a contract for consulting services with Stantec Consulting Services, Inc. in the amount of $53,532 from the following sources: $40,000 from Project #515800 and $13,532 from the General Fund-Current Planning Department’s Other Services budget (101-7322-000-6191); and

Moved by Director , seconded by Director and approved this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT

20 21 23 25 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Reject All Bids Received for Parking Lot Expansion and Building Access Improvements Project: Peralta Oaks (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors reject all bids received for Parking Lot Expansion and Building Access Improvements Project at Peralta Oaks.

REVENUE/COST

The apparent low bidder, Alaniz Construction Inc. (“Alaniz”) requested that it be relieved of its bid due to a mistake. With the apparent low bid out of consideration, the remaining two bids are significantly higher than the Engineer’s Estimate of $310,000. The second low bid is $358,215 higher than the Engineer’s Estimate and the third low bid is $809,000 higher. Staff is exploring other means of performing the work in a cost effective and efficient manner.

BACKGROUND

The project involves constructing an additional level of parking which would provide an additional 42 parking spaces. The project scope also includes ADA access improvements at the delivery level - correcting slopes at the existing accessible parking spaces and providing an ADA compliant ramp into the building. The ramp improvements are a City of Oakland condition of the recent Board Room remodel project.

A formal Notice to Bidders for this project was published on Thursday, April 21, 2016 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builders exchanges and on the District’s online plan room. The bid opening date was Thursday, May 19, 2016, and three (3) bids were received. The apparent low bidder, Alaniz, submitted a written request to withdraw its bid due to a mistake it made in filling out their bid. After evaluating the request, staff determined that the request was valid and administratively relieved Alaniz of its bid. The remaining two bids are significantly higher than the Engineer’s Estimate, and staff recommends rejecting the two remaining bids. The bid results are as follows:

26 NAME OF BIDDER TOTAL BASE BID Alaniz Construction Inc., Fremont $ 325,500 (bid relieved) A&E Emaar Company, Albany $ 668,215 CF Contracting Inc., San Francisco $ 1,119,000 ENGINEER’S ESTIMATE: $ 310,000

Staff does not recommend re-advertising and re-bidding the project at this time. Staff is evaluating other means of performing the work in the most cost effective and efficient manner.

ALTERNATIVES

No alternatives are recommended.

27 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 -

June 21, 2016

REJECT ALL BIDS RECEIVED FOR PARKING LOT EXPANSION AND BUILDING ACCESS IMPROVEMENTS PROJECT: PERALTA OAKS

WHEREAS, the East Bay Regional Park District (“District”) desires to expand the existing parking lot by adding 42 parking spaces and improve building access to meet Americans with Disabilities Act (“ADA”) requirements; and

WHEREAS, the District advertised for bids for construction of the Parking Lot Expansion and Building Access Improvements Project and received three (3) bids; and

WHEREAS, the apparent low bidder, Alaniz Construction Inc. (“Alaniz”), was relieved of its bid due to a mistake; and

WHEREAS, there were significant cost differentials between the remaining bids and the Engineer’s Estimate received; and

WHEREAS, the Board of Directors of the East Bay Regional Park District has the discretion to reject all bids;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby rejects all bids received for the Parking Lot Expansion and Building Access Improvements Project; and

BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

Moved by Director , seconded by Director , and adopted this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

28 Page Left Blank Intentionally

29 30 Page Left Blank Intentionally

31 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Amend a Sole Source Service Agreement with Advanced Helicopter Services to Complete a 3500 Hour Transmission Overhaul and Required Maintenance Services (Probets/T. Anderson)

RECOMMENDATION

The General Manager recommends the Board of Directors approve a contract amendment for an additional $92,834 due to increased costs of helicopter repair and required maintenance provided by Advanced Helicopters.

REVENUE/COST

By Resolution 2016-04-094, adopted April 19, 2016, the Board approved a sole source agreement in the amount of $35,130 for services with Advanced Helicopter Services to complete the 3500 hour transmission overhaul of one of the District’s helicopters, Eagle 6. This action will encumber an additional of $92,834 of budgeted funds to complete the overhaul due to the unanticipated failure of a number of critical internal components to meet stringent technical specifications, as well as perform concurrent maintenance inspections. The amendment will increase the total sole source agreement amount from $35,130, to $127,964.

SOURCE OF FUNDS Account 101-8230-000-6414 P/S Helicopter Repair and Maintenance Services $ 259,930 Account 101-8230-000-5311 P/S Helicopter Repair and Maintenance Supplies $ 120,500 Expenditures and Encumbrances to Date ($207,653) Funds Available $ 172,777

USE OF FUNDS Advanced Helicopter Services Inc. $ 116,331 10% Contingency $ 11,633 Total Use of Funds $ 127,964 BACKGROUND

32 On April 19, 2016, the Board of Directors adopted resolution 2016-04-094 authorizing the General Manager to execute a sole source agreement with Advanced Helicopters to complete the 3500 hour transmission overhaul of one of the District’s helicopters, Eagle 6. The Board approved a contract for this service in the amount of $35,130, the cost being derived from the vendor’s quotation and a contingency based upon the reasonably anticipated median costs of such overhauls.

Since that time, Advanced Helicopter Services has completed the preliminary component tear down inspections and received the technical report from the Factory Authorized sub-contractor completing the internal component overhaul. They have determined that traces of metallurgical cracking and component replacement cycles fall outside the strict published criteria required of these components. Additional funds are therefore necessary to complete the transmission overhaul and required concurrent maintenance in order to ensure a timely return to service and uninterrupted operation for the upcoming summer season. The 2016 Approved Budget contains budgeted funds for this purpose.

District Counsel has reviewed and approved the sole source designation for this purchase. Staff is requesting Board approval of this amendment as it exceeds $50,000.

ALTERNATIVES

No alternatives are recommended.

33 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 –

June 21, 2016

AUTHORIZATION TO AMEND THE SOLE SOURCE SERVICE AGREEMENT WITH ADVANCED HELICOPTER SERVICES TO COMPLETE A 3500 HOUR TRANSMISSION OVERHAUL AND REQUIRED MAINTENANCE SERVICES

WHEREAS, the East Bay Regional Park District owns and operates two helicopters (Eagle 6 and Eagle 7) manufactured by Airbus Helicopters Inc.; and

WHEREAS, Federal Aviation Administration (FAA) and Airbus Helicopters airworthiness requirements mandate that Eagle 6 undergo a major airframe inspection every 600 hours and transmission overhaul every 3500 hours of service; and

WHEREAS, the District’s Board approved a sole source agreement with Advanced Helicopter Services on April 19, 2016 by Resolution 2016-04-094 to conduct the transmission overhaul in the amount of $35,130; and

WHEREAS, unanticipated additional transmission maintenance, component replacement and required concurrent maintenance is required to return the aircraft to service;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to increase the sole source agreement amount with Advanced Helicopter Services Inc. by $92,834, available in the departments General Fund supplies and services budgets, 101-8230-000 5311 and 6414, to complete the transmission overhaul and aircraft inspection to mandated standards; 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 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

34 Page Left Blank Intentionally

35 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Resolution to Support Pending State Legislation AB 2087 (Levine): Regional Conservation Frameworks (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support AB 2087.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

Assembly Member Marc Levine’s bill would authorize the Department of Fish and Wildlife to approve Regional Conservation Frameworks (RCFs) to guide conservation of natural resources and infrastructure planning. RCFs would be voluntary and non-regulatory tools. They provide a more holistic approach for conservation planning and more effectively guide public investments to achieve better conservation outcomes. They are intended to incentivize pro- active conservation planning in advance of development. RCFs could serve as a foundation for more comprehensive plans such as development of a Natural Communities Conservation Program (NCCP) or Habitat Conservation Plan (HCP) which take multiple years to prepare.

The bill is supported by Santa Clara Valley Open Space Authority and the Sonoma County Agricultural Preservation and Open Space District.

RCFs are another tool to help move forward the concept of advanced mitigation, like the District’s Resource Enhancement Program (REP). Supporting this legislation is consistent with the District’s work on advanced mitigation – from REP, to the East Contra Costa County Habitat Conservancy, to work with transportation agencies and Plan Bay Area. The Legislative Committee of the Board and staff recommend the District support AB 2087.

ALTERNATIVES

None recommended.

36 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO SUPPORT PENDING STATE LEGISLATION AB 2087 (LEVINE): REGIONAL CONSERVATION FRAMEWORKS

WHEREAS, AB 2087 (Levine) would authorize the Department of Fish and Wildlife to approve Regional Conservation Frameworks (RCFs) to guide conservation of natural resources and infrastructure planning; and

WHEREAS, RCFs would be voluntary and non-regulatory tools to provide a more holistic approach for conservation planning and more effectively guide public investments to achieve better conservation outcomes: and

WHEREAS, RCFs could serve as a foundation for more comprehensive plans such as development of a Natural Communities Conservation Program (NCCP) or Habitat Conservation Plan (HCP) which take multiple years to prepare; and

WHEREAS, RCFs are another tool to help move forward the concept of advanced mitigation, like the District’s Resource Enhancement Program (REP); and

WHEREAS, AB 2087 is consistent with the District’s work on advanced mitigation – from REP, to the East Contra Costa County Habitat Conservancy, to work with transportation agencies and Plan Bay Area.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support AB 2087; 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 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

37 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Resolution to Support Pending State Legislation AB 2800 (Quirk): Climate-Safe Infrastructure Working Group (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support AB 2800.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

Several administrative actions have been adopted to ensure the State is preparing for the impacts of climate change. Assembly Member Bill Quirk introduced AB 2800 to fill a perceived void in the state’s planning efforts. Specifically, the bill seeks to bring together climate scientists and professional engineers to examine integrating climate change data into infrastructure engineering. This bill is intended assist State agencies by bridging the gap between the State's scientific understanding of the projected impacts of climate change, and the information required by engineers to determine how best to build and maintain state infrastructure. The bill is sponsored by the Union of Concerned Scientists and supported by the National Parks Conservation Association, National Audubon Society and the California League of Conservation Voters. It is consistent with the District’s work on ensuring shoreline infrastructure remains viable while the sea level rises and king tides occur. The District may also benefit if the working group examines best practices for shoreline resiliency, levee and trail design, and wetlands restoration / creation.

Many of the East Bay’s shoreline communities are at-risk and/or harbor significant public infrastructure (airport, ports, wastewater, power, gas, water, highways, etc.). As with the Dotson Family Marsh, the District is positioned to continue to develop green infrastructure projects which provide more resiliency to at-risk shoreline communities. The Legislative Committee of the Board and staff recommend the District support AB 2800.

ALTERNATIVES

None recommended.

38 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO SUPPORT PENDING STATE LEGISLATION AB 2800 (QUIRK): CLIMATE-SAFE INFRASTRUCTURE WORKING GROUP

WHEREAS, AB 2800 (Quirk) seeks to bring together climate scientists and professional engineers to examine integrating climate change data into infrastructure engineering; and

WHEREAS, this bill is intended assist agencies by bridging the gap between the state's scientific understanding of the projected impacts of climate change, and the information required by engineers to determine how best to build and maintain infrastructure; and

WHEREAS, AB 2800 is consistent with the District’s work on ensuring shoreline infrastructure remains viable while the sea level rises and king tides occur; and

WHEREAS, the District may also benefit if the working group examines best practices for shoreline resiliency, levee and trail design, and wetlands restoration / creation; and

WHEREAS, many of the East Bay’s shoreline communities are at-risk and/or harbor significant public infrastructure (airport, ports, wastewater, power, gas, water, highways, etc.); and

WHEREAS, as with the Dotson Family Marsh, the District is positioned to continue to develop green infrastructure projects which provide more resiliency to at-risk shoreline communities.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support AB 2800; and

Moved by Director , seconded by Director , and adopted this 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

39 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Resolution to Support Contra Costa County’s Leadership on the Concept of a Marsh Creek Corridor Multi-Use Trail (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee recommend the Board of Directors adopt a resolution to support Contra Costa County’s Leadership on the Concept of a Marsh Creek Corridor Multi-Use Trail.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

The proposed Marsh Creek corridor multi-use trail would create a new, major non-motorized east-west thoroughfare for expanded commuting and recreational opportunities. It would provide non-motorized access to Downtown Clayton, Diablo Valley Middle School, Mount Diablo, Round Valley Regional Preserve, and the existing Marsh Creek Trail in Brentwood and Oakley. The purpose of the trail would be to provide a safe, useful and enjoyable transportation corridor for various forms of non-motorized travel, including pedestrian, equestrian and bicycle users. Construction of the trail could be incorporated into, and performed in conjunction with, the Marsh Creek restoration project, as called for in the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP).

At the April 7, 2016 liaison meeting with Contra Costa County Supervisors, Federal Glover and Mary Piepho directly asked the District’s Board to consider adopting a resolution in support of “the concept of a Marsh Creek corridor multi-use trail that connects the Delta to Mount Diablo and neighboring communities.”

At the June 1, 2016 Board Legislative Committee meeting, the Committee agreed to recommend the full Board support Contra Costa County’s leadership in this concept. The Committee and General Manager also recommended that any resolution adopted by the District make it clear this is the County’s project and there is no commitment of District funds toward this project at this time.

40 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO SUPPORT CONTRA COSTA COUNTY’S LEADERSHIP ON THE CONCEPT OF A MARSH CREEK CORRIDOR MULTI-USE TRAIL

WHEREAS, Marsh Creek Road is a major thoroughfare which connects Central Contra Costa County and East Contra Costa County; and

WHEREAS, a significant number of bicycle trips take place on Marsh Creek Road despite the narrow and serpentine character of the corridor; and

WHEREAS, a separate, multi-use trail would create a new non-motorized east-west thoroughfare for expanded and safer commuting and recreational opportunities; and

WHEREAS, construction of the trail could be performed in conjunction with restoration of Marsh Creek, as anticipated in the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan; and

WHEREAS, the trail would connect Big Break Regional Shoreline to Round Valley Regional Preserve; and

WHEREAS, although the District currently has no funding committed to this project, support of the concept is consistent with previous Green Transportation efforts.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support Contra Costa County’s leadership on the concept of a Marsh Creek corridor multi-use trail; and

Moved by Director , seconded by Director , and adopted this 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

41 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Resolution to Commemorate the 100th Anniversary of the National Park Service and the Modern National Park System (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee recommend the Board of Directors adopt a resolution to commemorate the 100th Anniversary of the National Park Service and the modern national park system

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

The modern national park system was established by Congress in 1872. Congress Federally recognized Yellowstone National Park, which became the first national park in the United States. It is also widely held to be the first national park in the world. The National Park Service Organic Act was signed into law by President Woodrow Wilson on August 25, 1916. This Act remains the preeminent law guiding the management of parks and articulating the core mission of the National Park Service (NPS): to conserve the scenery, the natural and historic objects and wildlife, and to provide for the enjoyment of the same in such manner as will leave them unimpaired for the enjoyment of future generations.

In August 2016, it will mark100 years NPS has administered the national parks and monuments in the United States as a unified National Park System. From 1916 to the present, the National Park System has grown from thirty-seven park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly every state and territory.

The 100th anniversary of NPS is an occasion to celebrate the American vision and achievement of identifying and preserving special places in the United States for the benefit of all. It marks the culmination of 100 years of accomplishments by the employees, partners and volunteers of NPS.

As Interior Secretary Sally Jewell noted in her April 19, 2016 speech entitled “Next 100 Years of American Conservation,” 2016 also marks the beginning of the second century of service by the dedicated employees, partners and volunteers of the NPS to the people of the United 42 States as environmental leaders and vigilant stewards of the treasured places and stories of the United States.

The District partners closely with NPS, in particular the four East Bay historic parks and the Juan Bautista de Anza National Historic Trail. Historically, the District’s executive management team has also had strong relationships with the Golden Gate National Recreation Area. The four East Bay historic parks are: Eugene O’Neill National Historic Site, John Muir National Historic Site, Port Chicago Naval Magazine National Memorial, Rosie the Riveter WWII Home Front National Historical Park. All four are in close proximity if not directly adjacent to an East Bay Regional Park and/or Trail. In addition, NPS and the District have signed Memorandum of Understanding to operate a joint visitor center on the site of the former Concord Naval Weapons Station.

National parks are the touchstones of our shared history and culture, conveying majestic landscapes that embody the American spirit, and the Centennial of NPS should be celebrated. At the June 1, 2016 Legislative Committee of the Board meeting, the Committee recommended the full Board adopt a resolution to commemorate the 100th anniversary of NPS and the modern unified National Park System.

ALTERNATIVES

None recommended.

43 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO COMMEMORATE THE 100TH ANNIVERSARY OF THE NATIONAL PARK SERVICE AND THE MODERN NATIONAL PARK SYSTEM

WHEREAS, established by Congress in 1872, Yellowstone National Park was the first national park in the United States, and it is also widely held to be the first national park in the world; and

WHEREAS, the National Park Service Organic Act was signed into law by President Woodrow Wilson on August 25, 1916; and

WHEREAS, this Act remains the preeminent law guiding the management of parks and articulating the core mission of the National Park Service: to conserve the scenery, the natural and historic objects and wildlife, and to provide for the enjoyment of the same in such manner as will leave them unimpaired for the enjoyment of future generations; and

WHEREAS, for 100 years, the National Park Service has administered the great national parks and monuments in the United States as a unified National Park System; and

WHEREAS, from 1916 to the present, the National Park System has grown from thirty- seven park units with 6,000,000 acres of land in the western United States to more than 395 units with 84,000,000 acres of land in nearly every state and territory; and

WHEREAS, the 100th anniversary of the National Park Service in 2016 is an occasion to celebrate the American vision and achievement of identifying and preserving special places in the United States for the benefit of all; and

WHEREAS, 2016 also marks the beginning of the second century of service by the dedicated employees, partners and volunteers of the National Park Service to the people of the United States as environmental leaders and vigilant stewards of the treasured places and stories of the United States; and

WHEREAS, the District partners closely with the National Park Service, in particular the four East Bay historic parks and the Juan Bautista de Anza National Historic Trail; and

WHEREAS, the four East Bay historic parks are – Eugene O’Neill National Historic Site, John Muir National Historic Site, Port Chicago Naval Magazine National Memorial, Rosie the Riveter WWII Home Front National Historical Park – all in close proximity if not directly adjacent to an East Bay Regional Park and/or Trail; and

WHEREAS, the National Park Service and East Bay Regional Park District have signed Memorandum of Understanding to operate a joint visitor center on the site of the former Concord Naval Weapons Station; and

44 WHEREAS, national parks are the touchstones of our shared history and culture, conveying majestic landscapes that embody the American spirit, and the Centennial of NPS should be celebrated.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby commemorate the 100th anniversary of the National Park Service and the modern unified National Park System and encourage families throughout the state to visit one of the nearly 400 national parks to experience not only the most splendid examples of America’s unsurpassed natural and scenic heritage, but also the special places, artifacts, and stories of our nation’s birth, our struggles and triumphs as a people, and the shared values that unite us; and

Moved by Director , seconded by Director , and adopted this 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

45 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Resolution to Amend the Park Advisory Committee’s 2016 Work Plan (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Executive Committee recommend the Board of Directors adopt a resolution to support amending the Park Advisory Committee’s (PAC) 2016 work plan.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

At the PAC’s March 28th meeting to consider updates to Ordinance 38, there was considerable discussion about the District’s policies related to dogs in the parks. After the discussion, Director Beverly Lane suggested the PAC may benefit from a historical overview presentation about how the District arrived at its current policies related to dogs in the parks.

At the June 3rd meeting of the Executive Committee of the Board, PAC Chair Bruce Kern asked the Committee for approval to amend the PAC’s 2016 work plan to receive a historical overview presentation about the District’s policies related to dogs in the parks. The Committee recommended the proposed amendment be brought to the full Board.

ALTERNATIVES

None recommended.

46 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO AMEND THE PARK ADVISORY COMMITTEE WORK PLAN FOR 2016

WHEREAS, at the Park Advisory Committee (PAC) meeting to recommend updates to Ordinance 38 on March 28, 2016 there was considerable discussion about the District’s policies related to dogs in the parks; and

WHEREAS, approximately 90% of the PAC membership has been newly appointed since 2008; and

WHEREAS, the PAC may benefit from a historical overview presentation about how the District arrived at its current policies related to dogs in the parks; and

WHEREAS, the PAC seeks to formally request of the Board a change in its 2016 work plan in order to receive such a presentation.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby authorizes the Park Advisory Committee to amend its 2016 work plan to receive a historical overview presentation about how the District arrived at its current policies related to dogs in the parks; and

Moved by Director , seconded by Director , and adopted this 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

47 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

L. Resolution to Support Pending State Legislation SB 868 (Jackson): Remote Piloted Aircraft Act (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support SB 868.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

SB 868 would establish conditions required for operating a drone, including the procurement of liability insurance or proof of financial responsibility for damages incurred by an accident. The CA State Department of Transportation (DoT) would be authorized to adopt rules and regulations governing the conditions of when a drone may be operated, including rules recommended by the Office of Emergency Services (OES). The OES rules would include prohibiting operation within 500 feet of critical emergency service infrastructure.

DoT would allow localities to make and amend the minimum standards to assist law enforcement agencies to execute the provisions of the Act. An officer or employee of DoT would be granted powers to arrest violators and assist peace officers in enforcement. All remedies of the act are cumulative with other applicable laws. A violation of the Act is punishable as an infraction, with a fine not exceeding $250; or as a misdemeanor punishable with up-to six months in jail; or a fine not exceeding $1,000 – or by both fine and imprisonment.

SB 868 explicitly states the Act is not intended to preempt local jurisdictions, municipalities or the use of drones already authorized by the FAA. Under the Act, operating a drone would be prohibited: • Over any unit of the state park system without a permit • Over lands or water managed by the Department of Fish and Wildlife without a permit • Within 500 feet of the State Capitol or other building housing legislative offices or chambers • When use of the drone interferes with a manned aircraft • When in violation of any federal statute 48 • When use of the drone is reckless or endangers life or property • When use of the drone violates the state’s constitutional right to privacy • When the drone is weaponized

The Act authorizes the use of drones: • In appropriate spaces at an airport • When the operator has a right of entry over private property • When permitted by the California Film Commission • If necessary to avoid imminent danger to the life or safety of the public at large

The State Remote Piloted Aircraft Act creates a regulatory framework which allows drone technology to grow in California while protecting public safety, privacy and the state’s natural resources. Operating jointly with the federal regulations, the Act proposes modest restrictions to protect wildlife, infrastructure, privacy interests and public safety. The clear lack of rules governing the use of drones threatens not only natural resources, but our public safety. While debates continue daily around invasions of privacy, the impact on public safety personnel and causing injury is real. Drones can also be damaging to the park and open space experience. They violate the passive recreation experience for park users who seek to “get away from it all.” This legislation is consistent with other positions the Board has taken on remotely piloted aircraft. The Legislative Committee of the Board and staff recommend the District support SB 868.

ALTERNATIVES

None recommended.

49 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO SUPPORT PENDING STATE LEGISLATION SB 868 (JACKSON): REMOTE PILOTED AIRCRAFT ACT

WHEREAS, SB 868 (Jackson) establishes comprehensive statewide conditions required for operating a drone, including the procurement of liability insurance or proof of financial responsibility for damages incurred by an accident; and

WHEREAS, SB 868 explicitly states the Act is not intended to preempt local jurisdictions, municipalities or the use of drones already authorized by the FAA; and

WHEREAS, SB 868 specifically bans the use of drones over any unit of the state park system without a permit; and

WHEREAS, the District manages three state parks and also prohibits the use of drones in the parks; and

WHEREAS, drones could impact District public safety operations and personnel; and

WHEREAS, drones can also be damaging to the park and open space experience for park users who seek to “get away from it all,” and

WHEREAS, this legislation is consistent with other positions the Board has taken on remotely piloted aircraft.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support SB 868; and

Moved by Director , seconded by Director , and adopted this 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

50 Page Left Blank Intentionally

51 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Resolution to Support Pending State Legislation SB 1111 (Pavley): State Parks Operating Agreements (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support SB 1111.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

Based on legislation passed in 2011, five nonprofit operators currently operate state park units. Under their operations, all of those parks have seen increases in visitation, programming, revenue and community support. SB 1111 removes a cap in current law which limits the Department of Parks and Recreation’s (DPR) authority to enter in operating agreements with nonprofit organizations. The current cap is set at 20 operating agreements with nonprofits operating the entirety of a park unit. As a strong state park partner, the District is committed to making it easier for other agencies and nonprofits to work with, and support, state parks. This legislation is consistent with those efforts. The Legislative Committee of the Board and staff recommend the District support SB 1111.

ALTERNATIVES

None recommended.

52 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

RESOLUTION TO SUPPORT PENDING STATE LEGISLATION SB 1111 (PAVLEY): STATE PARKS OPERATING AGREEMENTS

WHEREAS, SB 1111 (Pavley) removes a cap in current law which limits the Department of Parks and Recreation’s (DPR) authority to enter in operating agreements with nonprofit organizations; and

WHEREAS, the current cap is set at 20 operating agreements with nonprofits operating the entirety of a park unit; and

WHEREAS, as a strong state park partner, the District is committed to making it easier for other agencies and nonprofits to work with, and support, state parks; and

WHEREAS, this legislation is consistent with those efforts.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support SB 1111; and

Moved by Director , seconded by Director , and adopted this 21st day of June 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

53 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Authorization of Spartina Control Grant Funding Agreements with the California Wildlife Foundation: District-wide (Margulici/Graul/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a series of one-year grant funding agreements with the California Wildlife Foundation for control of invasive spartina, for up to five years.

REVENUE/COST

This action proposes a series of one-year grant funding agreements with the California Wildlife Foundation (CWF) for approximately $14,000/year for up to five years, depending on funding availability. CWF funds will be budgeted in project #507304. The District will provide $21,000/year in matching funds, which may include budgeted Measure CC funding, previously appropriated to the project and staff time costs tracked in the General Fund.

BACKGROUND

Since 1990, Spartina alterniflora, invasive spartina, has spread throughout the tidal areas of many Regional Shoreline Parks including Martin Luther King Jr. Regional Shoreline, Hayward Regional Shoreline, Point Pinole Regional Shoreline, Oyster Bay Regional Shoreline and Eastshore State Park, and is competing with and displacing native cordgrass, Spartina foliosa.

The Invasive Spartina Project (ISP) was created in 2000 to develop a regionally coordinated project to address the rapid spread of four introduced and highly invasive spartina (cordgrass) species in the San Francisco Estuary. The ISP partners with several local, state and federal organizations including the District, the California Wildlife Foundation, the State Coastal Conservancy and others. This regional approach to invasive spartina control is effective both in terms of cost and impact. The District has participated in the ISP since 2003, using herbicides to control invasive spartina.

The District has funded its treatment program primarily through California State Coastal Conservancy grant funds. In January 2016, the California Department of Fish and Wildlife

54 (CDFW) announced the award of a $3,000,000 grant to the Conservancy for ISP activities from June 2016 through September of 2019. California State Coastal Conservancy has delegated the administration of the ISP grant funds to the California Wildlife Foundation. CWF will sub-grant the funds to participants of the Invasive Spartina Project (ISP), which include the City of Alameda, City of Palo Alto and others. The District’s share will be distributed in one-year increments of approximately $14,000 in 2016, 2017 and 2018. It is unknown if additional funding will be available after 2018. Nonetheless, this action authorizes funding agreements for up to five years in the event that additional funding becomes available after 2018.

ALTERNATIVES

No alternatives are recommended.

55 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 –

June 21, 2016

AUTHORIZATION OF SPARTINA CONTROL GRANT FUNDING AGREEMENTS WITH THE CALIFORNIA WILDLIFE FOUNDATION: DISTRICT-WIDE

WHEREAS, Spartina alterniflora, invasive spartina, has spread throughout the tidal areas of many Regional Shoreline Parks and is competing with and displacing native cordgrass, spartina foliosa; and

WHEREAS, the East Bay Regional Park District wishes to enter into a series of one-year funding agreements with the California Wildlife Foundation to apply for grant funding to control invasive spartina, for up to five years; and

WHEREAS, the California State Coastal Conservancy has grant funding available for spartina control and has delegated the responsibility of grant administration to the California Wildlife Foundation; and

WHEREAS, District procedures require approval by the Board of Directors for grant funding agreements; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby:

1. Approves grant funding agreements for spartina control with the California Wildlife Federation for up to five years; and

2. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services/CFO, on behalf of the District and 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 appropriate to accomplish the intentions of this resolution; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer 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 approved this 21st day of June, 2016, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended March 31, 2016 (Zenoni/Auker)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors accept the East Bay Regional Park District Investment Report for the quarter ended March 31, 2016.

REVENUE/COST

There is no revenue/cost impact associated with the acceptance of the report.

BACKGROUND

In accordance with Board Operating Guidelines and the District’s Investment Policy, the attached report has been prepared on the District’s cash and investments. The total market value of the District’s cash and investments as of March 31, 2016 was $289,900,367, including funds held by the District and bond funds held by trustees/fiscal agents. This is a slight reduction from the December 31, 2015 market value balance of $307,103,472.

Pooled cash and investments held by the District totaled $201.0 million as of March 31, 2016. As a point of reference, the market value of pooled cash and investments as of March 31, 2015 was $195.3 million. Bond funds held by fiscal agents, US Bank and Union Bank, totaled $88.9 million, including $23.6 million from the 2012 Promissory Note debt issue, $17.0 million of Measure AA funds ($15.8 million project funds and $1.2 million debt service funds) and $48.2 million of Measure WW funds ($34.6 million project funds and $13.5 million debt service funds).

The quarterly investment report includes the following information:  Attachment A provides comparative investment balance information between the current quarter, the prior quarter and the same period one-year ago.  Attachment B provides a listing of all investments by investment type and issuer and includes information on the credit rating and percentage of total portfolio of each investment. A chart has also been developed which compares the total invested funds by

57 investment type to the amount permitted by the Board’s Investment Policy. All investments are within the permitted percentage allocation.  Attachment C provides information on the portfolio maturity.  Attachment D provides information on the portion of the investment portfolio managed by each of the District’s two investment managers, PFM Asset Management and Insight (formerly Cutwater). Detailed information is provided on each of the managed accounts indicating each individual investment held, the purchase and maturity date, credit rating, original cost, accrued interest and current market value.

The District’s invested funds as of March 31, 2016 complied with the Board approved 2016 Investment Policy. The District’s cash management program provides sufficient liquidity to meet expenditure requirements for the next six months. The Board Finance Committee reviewed the March Investment Report at their May 25, 2016 meeting.

ALTERNATIVES

None are recommended.

ATTACHMENTS

A. Resolution B. March 31, 2016 Investment Report

58 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 06 -

June 21, 2016

ACCEPTANCE OF EAST BAY REGIONAL PARK DISTRICT INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2016

WHEREAS, the Board of Directors has adopted the 2016 Investment Policy to provide guidance and direction for the prudent investment of District funds, and to foster the creation of a systematic and controlled investment process; and

WHEREAS, the Investment Policy calls for the District to invest District funds in a prudent manner, providing the highest yield with the maximum security of principal invested, while also meeting the daily cash flow requirements of the District; and

WHEREAS, the Investment Policy and Board Operating Guidelines require the Chief Financial Officer to prepare a quarterly report on investment activity for review by the Board Finance Committee and acceptance by the Board of Directors; and

WHEREAS, the Board Finance Committee reviewed this item at their meeting on May 25, 2016, and recommended favorable consideration of this item by the Board of Directors,

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts the East Bay Regional Park District Investment Report for the quarter ended March 31, 2016; and

BE IT FURTHER RESOLVED, that the General Manager and Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

Moved by Director , seconded by Director and approved on this 21st day of June 2016, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

59 Page Left Blank Intentionally

60 East Bay Regional Park District Investment Report

March 31, 2016

61 Attachment A

Investment Balances

62 EAST BAY REGIONAL PARK DISTRICT INVESTMENT BALANCES

For Period Ending March 31, 2016

District Cash and Investment Balances current quarter prior quarter prior year Market Value Amort Cost Basis (ACB) ACB ACB March 31, 2016 March 31, 2016 December 31, 2015 March 31, 2015 Pooled Investments Managed by CFO/Controller Checking $ - $ - $ 529,084 $ (1,831,636) Short-term investments Sweep 5,787,727 5,787,727 4,700,267 4,039,647 LAIF 50,046,283 50,046,283 50,000,000 50,000,000 CAMP 69,390,328 69,390,328 71,724,269 52,327,238 1st Am Govern Fund US Bank invest custodian 66,512 66,512 104,308 140,998 Sub-total 125,290,849 125,290,849 127,057,927 104,676,247 Mid-term securities (amortized cost basis) US Treasuries 24,206,543 24,117,131 26,043,161 24,451,389 Federal Agencies/Instrumentalities 21,253,721 21,227,588 17,295,324 21,020,994 State/local Agencies 2,794,796 2,776,945 3,240,997 2,431,438 Corporate Bonds/CP/CDs 27,481,382 27,545,959 28,602,810 26,673,028 Sub-total 75,736,441 75,667,623 75,182,292 74,576,850 Total Pooled Cash/Investments 201,027,290 200,958,472 202,240,220 179,253,097

Bond Funds Managed by Fiscal Agents Short-term investments 2012 Prom Note proj fund (Dreyfus non-AMT tax free) 1,312,708 1,312,708 1,880,926 19,665,593 Measure AA project fund 15,839,480 15,839,480 16,686,893 17,235,983 Measure WW project fund 34,645,505 34,645,505 44,628,963 9,502,700 Measure WW capitalized interest 1 1 1 814,366 Measure AA debt service fund 1,241,006 1,241,006 1,476,263 2,444,843 Measure WW debt service fund 13,543,900 13,543,900 15,931,396 13,401,439 Mid-term securities 2012 Prom Note proj fund (State/Local Agencies) 22,290,476 22,313,336 21,993,348 4,750,609 Measure WW project fund (US Treasuries) - - - 13,252,026 Measure WW project fund (Federal Agencies) - - - 25,012,307 Measure WW project fund (Corp notes /CP) - - 2,500,386 6,052,287 Total Bond Funds 88,873,077 88,895,937 105,098,177 112,132,152

Grand Total District Cash/Investments $ 289,900,367 $ 289,854,409 $ 307,338,397 $ 291,385,249

Investment Earnings (accrual basis): quarter ended year-to-date at year-to-date at March 31, 2016 March 31, 2016 March 31, 2015 Short-term investments $ 149,592 $ 149,592 $ 46,992 Mid-term investments 346,213 346,213 271,853 Long-term investments - - - Total Investment Earnings $ 495,805 $ 495,805 $ 318,845

Investment Fees: quarterly annual % of average balance Wells Fargo account fees $ 4,006 $ 4,006 0.073% PFM invest mgt fees/US Bank custodial fees 13,137 13,136 0.021% Cutwater invest mgt fees/US Bank custodial fees 9,351 9,351 0.021% Total $ 26,494 $ 26,494 0.025%

I verify that this report contains the total amounts of cash and investments at March 31, 2016 The investments are in conformity with the Investment Policy as stated in Resolution # 2016-02-036, dated February 16, 2016. The District's cash management program provides sufficient liquidity to meet expenditure requirement for the next six months, in conformity with the Investment Policy. Bill Zenoni Bill Zenoni, Interim CFO/Controller

63 Attachment B

Portfolio Information By Investment Type

64 East Bay Regional Park District - Investment Report as of March 31, 2016

Portfolio Issuer and Credit Rating List Moody's Percent of Market Value S&P Rating Rating Total Assets U.S. Treasury U.S. Treasury $24,206,543 AA+ Aaa 8.4% Federal Agencies FHLMC $5,227,773 AA+ Aaa 1.8% FFCB $5,540,828 AA+ Aaa 1.9% FNMA $5,023,587 AA+ Aaa 1.7% FHLB $5,461,532 AA+ Aaa 1.9% Municipal Obligations California Earthquake Authority $200,921 NR A3 0.1% City and County of San Francisco, CA $504,570 NR NR 0.2% City of Houston, TX $640,512 AA NR 0.2% City of New York City, NY $2,121,309 AA Aa2 0.7% Maryland State $108,517 AAA Aaa 0.0% Massachusetts State $1,607,850 AA+ Aa1 0.6% Minnesota State $2,059,232 AA+ Aa1 0.7% Nashville & Davidson County, TN $1,555,459 AA Aa2 0.5% Nassau County NY $1,965,824 AAA NR 0.7% State of California $4,123,390 AA- Aa3 1.4% State of Connecticut $1,012,740 NR NR 0.3% State of Georgia $2,427,539 AAA Aaa 0.8% State of Louisiana $835,712 AA Aa3 0.3% State of North Carolina $1,539,259 AAA Aaa 0.5% State of Pennsylvania $2,490,995 AA- Aa3 0.9% University of California $70,030 AA Aa2 0.0% University of Washington $1,305,998 AA+ Aaa 0.5% Utah State $515,416 AAA Aaa 0.2% Negotiable Certificates of Deposit Bank of Nova Scotia $702,177 A-1 P-1 0.2% BMO Harris Bank NA $700,690 A-1 Aa3 0.2% Canadian Imperial Bank NY $698,873 A-1 P-1 0.2% Goldman Sachs Bank $699,867 A-1 P-1 0.2% HSBC Bank USA $700,445 A-1+ P-1 0.2% Nordea Bank NY $698,422 AA- Aa3 0.2% Rabobank Nederland NV NY $699,038 A-1 P-1 0.2% Royal Bank of Canada $703,591 AA- Aa3 0.2% Skandinaviska Enskilda Banken NY $696,399 A-1 P-1 0.2% Svenska Handelsbanken NY $698,950 A-1+ P-1 0.2% Toronto Dominion Bank NY $700,914 AA- Aa1 0.2% US Bank NA $701,203 AA- A1 0.2% Commercial Paper ING US Funding LLC 65 $1,074,366 A-1 P-1 0.4% Continued on next page East Bay Regional Park District - Investment Report as of March 31, 2016

Portfolio Issuer and Credit Rating List - continued Moody's Percent of Market Value S&P Rating Rating Total Assets Corporate Notes American Express $542,121 A- A2 0.2% American Honda Finance $336,811 A+ A1 0.1% Apple Inc $1,903,914 AA+ Aa1 0.7% Bank of America Corp $349,917 A A1 0.1% Bank of New York $705,269 A A1 0.2% Berkshire Hathaway $1,059,064 AA Aa2 0.4% Caterpillar $386,202 A A2 0.1% Cisco Systems $613,526 AA- A1 0.2% Deere & Company $530,846 A A2 0.2% Exxon Mobil $703,144 AAA Aaa 0.2% General Electric Capital Corporate $812,320 AA+ A1 0.3% HSBC USA $279,896 A A2 0.1% IBM $876,579 AA- Aa3 0.3% JP Morgan Chase $501,100 A- A3 0.2% Pfizer Inc $1,000,350 AA A1 0.3% The Walt Disney Corporation $101,735 A A2 0.0% Toyota Motor Corporation $2,441,514 AA- Aa3 0.8% US Bank NA $1,805,836 AA- A1 0.6% Wal-Mart Stores Inc $1,007,520 AA Aa2 0.3% Wells Fargo $2,048,788 A A2 0.7% Money Market Funds/Local Government Investment Pools/Checking LAIF $50,046,283 NR NR 17.3% CAMP $91,213,162 AAAm NR 31.5% First American Government Money Market Fund $27,674,084 AAAm Aaa-mf 9.5% Dreyfus Government Money Market Fund $15,839,485 NR Aaa-mf 5.5% Dreyfus California AMT-Free Municipal Bond Fund $1,312,708 NR NR 0.5% Wells Fargo Checking Account $5,787,727 - - 2.0% Total $289,900,367 100.0%

66 East Bay Regional Park District - Investment Report as of March 31, 2016

Portfolio Composition and Compliance

Percent of Permitted by Security Type Market Value Total Assets Policy U.S. Treasuries $24,206,543 8.4% 100% Federal Agencies $20,614,214 7.1% 75% Agency Mortgage Obligations $639,506 0.2% 20% Municipal Obligations $25,085,272 8.7% 30% Commercial Paper $1,074,366 0.4% 25% Negotiable Certificates of Deposit $8,400,566 2.9% 30% Medium-Term Corporate Notes $18,006,450 6.2% 30% Money Market Fund $66,512 0.0% 20% Money Market Fund - Bond Funds $44,759,766 15.4% 20% California Asset Management Program (CAMP) $69,390,327 23.9% 100% CAMP - Bond Funds $21,822,835 7.5% 100% Local Agency Investment Fund (LAIF) $50,046,283 17.3% State Limit Checking Account $5,787,727 2.0% 100% Totals $289,900,367 100.0%

Credit Quality Distribution1

AAA AA 3% 26% Checking 2% A 2% Not Rated 18% A-1+/A-1 (Short-term) 2%

Not Rated by S&P AAAm 16% 31%

1. Ratings by Standard & Poor's

67 Attachment C

Portfolio Maturity

68 East Bay Regional Park District - Investment Report as of March 31, 2016

Portfolio Maturity Distribution

Maturity Distribution1 March 31, 2016 Overnight $191,873,450 1 Day - 1 Year $19,970,974 1 - 2 Years $45,835,994 2 - 3 Years $25,320,469 3 - 4 Years $6,899,481 Over 4 Years $0 Total $289,900,367

Portfolio Maturity Distribution1 100%

75% 66%

50%

Percentage of Portfolio 25% 16% 7% 9% 2% 0% 0% Overnight 1 Day - 1 Year 1 - 2 Years 2 - 3 Years 3 - 4 Years Over 4 Years

1. Callable securities in portfolio are included in the maturity distribution analysis to their stated maturity date, although they may be called prior to maturity.

69 Attachment D

Portfolio Composition By Investment Manager

70 East Bay Regional Park District - Investment Report as of March 31, 2016

Portfolio Composition by Manager Percent of Manager and Security Type Market Value Total Assets

PFM Asset Management LLC U.S. Treasuries $14,993,656 5.2% Federal Agencies $3,506,820 1.2% Agency Mortgage Obligations $639,506 0.2% Municipal Obligations $270,951 0.1% Negotiable Certificates of Deposit $8,400,566 2.9% Medium-Term Corporate Notes $7,150,851 2.5% Money Market Fund $14,740 0.0% $34,977,091 12.1% Insight U.S. Treasuries $9,212,887 3.2% Federal Agencies $17,107,395 5.9% Municipal Obligations $2,523,845 0.9% Commercial Paper $1,074,366 0.4% Medium-Term Corporate Notes $10,855,598 3.7% Money Market Fund $51,772 0.0% $40,825,862 14.1% Bond Proceeds Accounts1 Money Market Fund $44,759,766 15.4% CAMP2 $21,822,835 7.5% Municipal Obligations $22,290,476 7.7% $88,873,077 30.7% Local Government Investment Pools/Checking LAIF $50,046,283 17.3% CAMP2 $69,390,328 23.9% Checking Account $5,787,727 2.0% $125,224,337 43.2%

Totals $289,900,367 100.0%

1. The balances invested in municipal obligations are managed by PFM Asset Management LLC. 2. PFM Asset Management LLC is the program administrator and investment advisor for CAMP, the California Asset Management Program .

71 Detail of Investments Managed By PFM Asset Management

72 73 74 75 76 77 Detail of Investments Managed By Insight Investment

78 U.S. Bank Pivot Page: 1 of 4 Holdings Report - Detail, With Totals Print Date: 05/17/2016 at 9:14:19 pm Settle Dated As Of: 03/31/2016 By Account, Asset Class, CUSIP

Account # CUSIP # Issue Date Moody Annual % Total Unrealized and Name Ticker Asset Description and SEDOL Maturity Date S&P Inc/Unit Price Units Fed Cost Market Value Market Gain / Loss

001050981597 : EAST BAY REGIONAL PARK DISTRICT CASH CASH Principal Cash -2,358,894.26 -2,358,894.26

Income Cash 2,358,894.26 2,358,894.26

Total For Asset Type: CASH $0.00 $0.00 .00%

CASH EQUIVALENTS COMM PAPER - DISCOUNT 4497W0E95 ING US FUNDING LLC C P 5/09/16 11/06/2015 0.00 99.941 1,075,000.0000 1,072,127.36 1,074,365.75 2,238.39 05/09/2016 Total For Asset Type: COMM PAPER - DISCOUNT $1,072,127.36 $1,074,365.75 2.63% $2,238.39

SHORT TERM FDS-TAXABLE (ACM) 31846V807 FIRST AMER TREASURY OBLIG CL Y 0.00 100.00 51,771.9100 51,771.91 51,771.91 .00 FOCXX Total For Asset Type: SHORT TERM FDS-TAXABLE (ACM) $51,771.91 $51,771.91 .13% $0.00

CORPORATE OBLIGATIONS CORPORATE BONDS AND NOTES 037833AJ9 APPLE INC 1.000% 5/03/18 05/03/2013 AA1 0.01 100.206 1,900,000.0000 1,883,736.00 1,903,914.00 20,178.00 05/03/2018 AA+ 084664BS9 BERKSHIRE HATHAWAY 1.600% 5/15/17 05/15/2012 AA2 0.016 100.837 1,000,000.0000 1,010,720.00 1,008,370.00 -2,350.00 05/15/2017 AA 36962G5W0 GEN ELEC CAP CRP MTN 2.300% 4/27/17 04/27/2012 A1 0.023 101.54 800,000.0000 821,888.00 812,320.00 -9,568.00 04/27/2017 AA+ 717081DD2 PFIZER INC 0.900% 1/15/17 06/03/2013 A1 0.009 100.035 1,000,000.0000 999,360.00 1,000,350.00 990.00 01/15/2017 AA 89233P5E2 TOYOTA MTR CRED MTN 2.000% 9/15/16 09/15/2011 AA3 0.02 100.604 1,000,000.0000 1,027,760.00 1,006,040.00 -21,720.00 09/15/2016 AA- 89233P6S0 TOYOTA MOTOR M T N 1.250% 10/05/17 10/05/2012 AA3 0.0125 100.173 617,000.0000 610,669.58 618,067.41 7,397.83 10/05/2017 AA- 90331HMQ3 US BANK NA MTN 1.350% 1/26/18 01/27/2015 A1 0.0135 100.247 1,300,000.0000 1,301,664.00 1,303,211.00 1,547.00 01/26/2018 AA- 91159HHD5 US BANCORP MTN 1.650% 5/15/17 05/08/2012 A1 0.0165 100.525 500,000.0000 506,225.00 502,625.00 -3,600.00 05/15/2017 A+ 931142DF7 WAL MART STORES INC 1.125% 4/11/18 04/11/2013 AA2 0.01125 100.752 1,000,000.0000 1,000,430.00 1,007,520.00 7,090.00 04/11/2018 AA 949746JE2 WELLS FARGO CO 5.125% 9/15/16 09/15/2004 A3 0.05125 101.822 925,000.0000 1,043,418.50 941,853.50 -101,565.00 09/15/2016 A-

79 U.S. Bank Pivot Page: 2 of 4 Holdings Report - Detail, With Totals Print Date: 05/17/2016 at 9:14:19 pm Settle Dated As Of: 03/31/2016 By Account, Asset Class, CUSIP

Account # CUSIP # Issue Date Moody Annual % Total Unrealized and Name Ticker Asset Description and SEDOL Maturity Date S&P Inc/Unit Price Units Fed Cost Market Value Market Gain / Loss

94974BFL9 WELLS FARGO MTN 1.250% 7/20/16 07/29/2013 A2 0.0125 100.177 750,000.0000 758,460.00 751,327.50 -7,132.50 07/20/2016 A Total For Asset Type: CORPORATE BONDS AND NOTES $10,964,331.08 $10,855,598.41 26.59% -$108,732.67

MUNICIPAL OBLIGATIONS MUNI BDS-FIXED TAXABLE 13063CPN4 CALIFORNIA ST 1.250% 11/01/17 11/25/2014 AA3 0.0125 100.821 1,500,000.0000 1,506,945.00 1,512,315.00 5,370.00 11/01/2017 AA- 373384T55 GEROGIA ST SER B 1.380% 2/01/18 07/10/2014 AAA 0.0138 101.153 1,000,000.0000 1,000,000.00 1,011,530.00 11,530.00 02/01/2018 AAA Total For Asset Type: MUNI BDS-FIXED TAXABLE $2,506,945.00 $2,523,845.00 6.18% $16,900.00

US TREAS & AGENCY OBLIGATIONS US AGENCIES 3130A3CE2 F H L B DEB 0.625% 10/14/16 10/14/2014 AAA 0.00625 100.069 1,000,000.0000 1,001,009.00 1,000,690.00 -319.00 10/14/2016 AA+ 3130A57L7 F H L B 1.050% 9/07/18 05/07/2015 AAA 0.0105 100.156 1,250,000.0000 1,246,462.50 1,251,950.00 5,487.50 09/07/2018 AA+ 313371PV2 F H L B DEB 1.625% 12/09/16 11/09/2010 AAA 0.01625 100.686 1,000,000.0000 1,019,950.00 1,006,860.00 -13,090.00 12/09/2016 AA+ 313379DT3 F H L B DEB 1.250% 6/08/18 05/04/2012 AAA 0.0125 100.831 1,500,000.0000 1,505,145.00 1,512,465.00 7,320.00 06/08/2018 AA+ 3133ECUV4 F F C B DEB 2.150% 7/17/19 07/17/2013 N/A 0.0215 103.32 1,000,000.0000 1,027,570.00 1,033,200.00 5,630.00 07/17/2019 AA+ 3133EED56 F F C B DEB 1.420% 4/29/19 04/29/2015 WR 0.0142 100.014 1,000,000.0000 999,200.00 1,000,140.00 940.00 04/29/2019 AA+ 3133EETE0 F F C B DEB 1.125% 3/12/18 03/12/2015 AAA 0.01125 100.637 1,200,000.0000 1,197,348.00 1,207,644.00 10,296.00 03/12/2018 AA+ 3133EFKY2 F F C B DEB 1.360% 10/28/19 10/28/2015 AAA 0.0136 100.078 1,300,000.0000 1,297,959.00 1,301,014.00 3,055.00 10/28/2019 AA+ 3133EFZT7 F F C B DEB 1.400% 2/24/20 02/24/2016 AAA 0.014 99.883 1,000,000.0000 1,000,000.00 998,830.00 -1,170.00 02/24/2020 AA+ 3134G6PM9 F H L M C M T N 1.050% 12/29/17 03/30/2015 AAA 0.0105 100.362 1,000,000.0000 1,000,000.00 1,003,620.00 3,620.00 12/29/2017 AA+ 3134G8PD5 F H L M C M T N 1.350% 9/30/19 03/30/2016 AAA 0.0135 100.049 1,150,000.0000 1,150,000.00 1,150,563.50 563.50 09/30/2019 AA+ 3135G0PP2 F N M A DEB 1.000% 9/20/17 09/20/2012 AAA 0.01 100.311 1,250,000.0000 1,253,087.50 1,253,887.50 800.00 09/20/2017 AA+ 3135G0YT4 F N M A DEB 1.625% 11/27/18 10/01/2013 AAA 0.01625 101.983 1,350,000.0000 1,371,883.50 1,376,770.50 4,887.00 11/27/2018 AA+ 3137EADF3 F H L M C M T N 1.250% 5/12/17 03/26/2012 AAA 0.0125 100.615 1,000,000.0000 1,022,400.00 1,006,150.00 -16,250.00 05/12/2017 AA+ 80 U.S. Bank Pivot Page: 3 of 4 Holdings Report - Detail, With Totals Print Date: 05/17/2016 at 9:14:19 pm Settle Dated As Of: 03/31/2016 By Account, Asset Class, CUSIP

Account # CUSIP # Issue Date Moody Annual % Total Unrealized and Name Ticker Asset Description and SEDOL Maturity Date S&P Inc/Unit Price Units Fed Cost Market Value Market Gain / Loss

3137EADJ5 F H L M C DEB 1.000% 7/28/17 06/25/2012 AAA 0.01 100.361 1,000,000.0000 999,450.00 1,003,610.00 4,160.00 07/28/2017 AA+ Total For Asset Type: US AGENCIES $17,091,464.50 $17,107,394.50 41.90% $15,930.00

US TREASURY BONDS & NOTES 912828D49 U S TREASURY NT 0.875% 8/15/17 08/15/2014 AAA 0.00875 100.238 750,000.0000 748,359.38 751,785.00 3,425.62 08/15/2017 N/A 912828NW6 U S TREASURY NT 1.875% 8/31/17 08/31/2010 AAA 0.01875 101.648 1,500,000.0000 1,542,187.50 1,524,720.00 -17,467.50 08/31/2017 N/A 912828PF1 U S TREASURY NT 1.875% 10/31/17 11/01/2010 AAA 0.01875 101.797 700,000.0000 720,234.38 712,579.00 -7,655.38 10/31/2017 N/A 912828RE2 U S TREASURY NT 1.500% 8/31/18 08/31/2011 AAA 0.015 101.691 1,000,000.0000 1,006,875.00 1,016,910.00 10,035.00 08/31/2018 N/A 912828SM3 U S TREASURY NT 1.000% 3/31/17 04/02/2012 AAA 0.01 100.367 1,000,000.0000 1,006,953.13 1,003,670.00 -3,283.13 03/31/2017 N/A 912828TW0 U S TREASURY NT 0.750% 10/31/17 10/31/2012 AAA 0.0075 100.035 870,000.0000 862,251.56 870,304.50 8,052.94 UST0717C 10/31/2017 N/A 912828VE7 U S TREASURY NT 1.000% 5/31/18 05/31/2013 AAA 0.01 100.469 1,000,000.0000 986,875.00 1,004,690.00 17,815.00 05/31/2018 N/A 912828VQ0 U S TREASURY NT 1.375% 7/31/18 07/31/2013 AAA 0.01375 101.336 1,300,000.0000 1,314,929.69 1,317,368.00 2,438.31 UST1318 07/31/2018 N/A 912828WD8 U S TREASURY NT 1.250% 10/31/18 10/31/2013 AAA 0.0125 101.086 1,000,000.0000 1,008,125.00 1,010,860.00 2,735.00 10/31/2018 N/A Total For Asset Type: US TREASURY BONDS & NOTES $9,196,790.64 $9,212,886.50 22.57% $16,095.86

Total Account Value for: $40,883,430.49 $40,825,862.07 100.00% -$57,568.42

81 FINANCE AND MANAGEMENT SERVICES AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES

a. PUBLIC HEARING

Approval of Resolution Declaring the Formation of a Community Facilities District (No. C-2 Las Trampas); Calling a Special Election; Declaring Results of a Special Landowner Election and Directing the Recordation of a Special Tax Lien; and Authorizing the Levy of Special Taxes (Spaulding/Holt/Auker)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommend the approval of the following after holding a Public Hearing regarding the formation of Community Facilities District (CFD) No. C-2 Las Trampas located in the Town of San Ramon, known as the Faria Preserve: 1. Resolution declaring the formation of CFD No. C-2 Las Trampas; 2. Resolution calling a Special Landowner Election; 3. Resolution declaring results of the Special Landowner Election and directing Recordation of a Special Tax Lien; and, 4. Ordinance authorizing the Levy of Special Taxes.

REVENUE/COST

The authorization to levy the Special Tax on the 740 units to be developed within the CFD boundaries is estimated to generate $73,000 per year. This revenue will be used to cover maintenance costs at the newly constructed parking lots, trails and staging area as well as required administrative costs.

The cost of the CFD formation is approximately $20,000, which includes the contract with NBS, as Special Tax Consultant, and Jones Hall, as Special Counsel. These costs have been paid from the Management Services Division budget (101-4110-000-6191).

BACKGROUND

The District is in the final steps of completing the formation of CFD C-2 Las Trampas as a mechanism

82 to fund the maintenance of newly constructed facilities in and around Las Trampas Regional Park related to the Faria Preserve. CFDs are formed under the Mello-Roos Community Facilities Act of 1982, California Government Code Sections 53311 (Act). This is the District’s second CFD.

The CFD proposed is for a 740-unit residential development project, located in the Town of San Ramon. A Settlement Agreement between the developer, the Park District and the City of San Ramon includes the dedication of 140 acres of open space adjacent to Las Trampas Regional Park, construction of trails, including a nearly one-mile segment of the Calaveras Ridge Trail, a staging area and parking lots, and the requirement that the developer confirm a funding mechanism to finance the maintenance of these facilities.

Steps in the CFD Formation Process The following steps have been taken as required by State law in order to form a CFD:

1) Adoption of Local Goals and Policies by the Board of Directors on June 16, 2015.

2) The Faria Preserve developer, CalAtlantic Homes, executed a CFD Petition / Waiver that requests formation of the CFD and waives applicable waiting periods for CFD special tax election on April 28, 2016.

3) The Resolution of Intention, which includes the proposed boundaries of CFD C-2 Las Trampas, the description of services to be funded, the Rate and Method of Apportionment (RMA), and the dates for public hearing and landowner election, was approved by the Board of Directors on May 17, 2016.

4) The Boundary Map for C-2 Las Trampas was approved by the Board of Directors on May 17, 2016 and recorded with Contra Costa County on May 23, 2016.

5) An Official Ballot for Special Tax Election was provided to the landowner, including election ballot, envelope and instructions. The ballot and was returned to the Clerk of the Board on May 31, 2016.

6) At this Board of Directors meeting, the Board will take final action to form CFD No. C-2 Las Trampas, including: a. holding the Public Hearing; b. approving the Resolution of Formation; c. approving the Resolution calling a Special Landowner Election; d. approving a Resolution declaring results of the Election and directing Recordation of a Special Tax Lien; and, e. approving the Ordinance to Levy Special Taxes.

The details of the final actions to be taken are listed below:

Resolution of Formation (Attachment A) This resolution provides the following actions: a. Declares that the Board held a public hearing on June 21, 2016 and did not receive a majority protest that would eliminate the District’s ability to levy a special tax.

83 b. Affirms that CFD No. C-2 Las Trampas is in conformity with the Local Goals and Policies adopted by the Board on June 16, 2015. c. Confirms the CFD name and boundary map. d. Confirms the types of services to be funded. e. States the intent to levy special taxes annually, in accordance with the Rate and Method of Apportionment (RMA). f. States that the District Chief Financial Officer (CFO) is responsible for ensuring the annual levy of taxes. g. Establishes a preliminary appropriations limit as required by State law. h. Sets the CFD election.

Resolution Calling a Special Tax Election (Attachment B) This resolution provides the following actions: a. States that the levy of special tax and establishment of the appropriations limit shall be submitted to the qualified electors of the CFD. b. Confirms that due to the lack of registered voters in the CFD, the qualified electors are the landowners within the CFD. c. Calls the Special Tax Election and designates the Clerk of the Board as the official to conduct the election. d. States certain requirements of the Election and Official Ballot.

Resolution Declaring Results of Landowner Election & Directing Recordation of Special Tax Lien (Attachment C) This resolution provides the following actions: a. Approves the canvass and statement of results of special election. b. Confirms that the special election was approved by the qualified electors of the CFD by more than 2/3rds of the votes cast. c. Declares the CFD to be fully formed with the authority to levy the special taxes. d. Directs the Clerk of the Board to record the notice of special tax lien with the County Recorder.

Ordinance Authorizing the Levy of Special Taxes for CFD No. C-2 Las Trampas (Attachment D) This ordinance provides the following actions: a. Authorizes and levies the special tax within the CFD in accordance with the RMA. b. Authorizes and directs the District CFO to determine the annual levy of taxes as provided in the Resolution of Formation. c. States details of the collection of taxes by Contra Costa County.

If all attached items are approved at this meeting, all Board actions required for this formation process are complete. The remaining actions will be carried out by staff.

ALTERNATIVES

None are recommended.

84 ATTACHMENTS

A. Resolution Declaring the Formation of Community Facilities District (C-2 Las Trampas) Exhibit A – Description of Services to be Funded by the CFD Exhibit B – Rate and Method of Apportionment of Special Tax B. Resolution Calling a Special Election for a Community Facilities District Exhibit A – Official Ballot Special Tax Election June 21, 2016 C. Resolution Declaring Results of a Special Landowner Election and Directing the Recordation of a Special Tax Lien Exhibit A – Canvass and Statement of Results of Special Election D. Ordinance Authorizing the Levy of Special Taxes E. CFD-2 Las Trampas Special Tax Report, Including Boundary Map and Rate and Method of Apportionment of Special Tax

85 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2016-06-

June 21, 2016

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT, CALIFORNIA, DECLARING THE FORMATION OF A COMMUNITY FACILITIES DISTRICT

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

WHEREAS, on May 17, 2016, the Board of Directors of the East Bay Regional Park District (the “District”) adopted Resolution No. 2016-05-124 entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”) under the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code (the “Act”); and

WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and stating the services to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the services, is on file with the Clerk of the Board and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and

WHEREAS, under the Resolution of Intention, the General Manager of the District was directed to make, or cause to be made, and file with the Clerk of the Board a report (the “Report”) in writing, presenting the services to be provided and an estimate of the reasonable cost of providing the services, which was prepared and submitted to the Clerk of the Board prior to the public hearing described below; and

WHEREAS, the Resolution of Intention called for a public hearing pertaining to the formation of the CFD and the levy of said special tax to be held on June 21, 2016, at 2:00 p.m. or as soon thereafter as the matter may be heard, in the meeting place of the Board of Directors at the Big Break Visitors Center, 69 Big Break Road, Oakley, California; and

WHEREAS, under the Resolution of Intention, the Clerk of the Board was directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD, and the Clerk of the Board caused the publication of such notice at least 7 days before the date set for the public hearing; and

WHEREAS, on this date, this Board of Directors held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; and

86 WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the services to be provided therein and the levy of such special tax were heard and a full and fair public hearing was held; and

WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the Clerk of the Board by 50% or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special taxes; and

WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by 50% or more of the registered voters residing within the territory of the CFD or the owners of one-half or more of the area of land within the CFD and not exempt from the special taxes.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby finds, determines, and resolves that all of the foregoing recitals are true and correct.

BE IT FURTHER RESOLVED, the formation of the CFD, and the proposed special tax to be levied within the CFD, have not been precluded by majority protest pursuant to Section 53324 of the Act.

BE IT FURTHER RESOLVED, all prior proceedings taken by the Board of Directors in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. The Board of Directors has heretofore adopted Resolution No. 2015- 06-171 the East Bay Regional Park District Statement of Local Goals and Policies Concerning the Use of the Mello-Roos Community Facilities Act of 1982, and the Board of Directors hereby finds and determines that the CFD is in conformity with said goals and policies.

BE IT FURTHER RESOLVED, the community facilities district designated as the “East Bay Regional Park District Community Facilities District No. C-2 Las Trampas” of the District is hereby established pursuant to the Act.

BE IT FURTHER RESOLVED, the boundaries of the CFD, as set forth in the map entitled "Map of Proposed Boundaries East Bay Regional Park District, Community Facilities District No. C-2 Las Trampas, East Bay Regional Park District, County of Contra Costa, State of California" heretofore recorded in the Contra Costa County Recorder’s Office on May 23, 2016, in Book 85 at Page 27 as Document No. 2016-0096937-00 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD.

BE IT FURTHER RESOLVED, the type of public services proposed to be funded by the CFD and pursuant to the Act shall consist of those services (the Services”) shown in Exhibit A hereto and by this reference incorporated herein; Exhibit A constitutes a non-substantive modification to the description of authorized Services set forth in the Resolution of Intention.

BE IT FURTHER RESOLVED, except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, will be levied

87 annually within the CFD pursuant to the rate and method of apportionment of the special tax, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the Board of Directors or its designee may determine, including direct billing of the affected landowners.

BE IT FURTHER RESOLVED, the rate and method of apportionment of the special tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit B attached hereto and hereby incorporated herein.

BE IT FURTHER RESOLVED, it is hereby found and determined that the Services are necessary to meet increased demands placed upon local agencies, including the District, as the result of development occurring in the CFD. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof.

BE IT FURTHER RESOLVED, the Chief Financial Officer of the District, 2950 Peralta Oaks Court, City of Oakland, California, 94605, telephone number (510) 544-2401, is the officer of the District who will be responsible for preparing annually a current roll of the levy of the special tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the special tax.

BE IT FURTHER RESOLVED, upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the collection of the special tax by the District ceases.

BE IT FURTHER RESOLVED, in accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at an amount equal to $74,000, and such appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.

BE IT FURTHER RESOLVED, pursuant to the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election, the time, place and conditions of which shall be as specified by a separate resolution of this Board of Directors.

BE IT FURTHER RESOLVED that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary and appropriate to accomplish the intentions of this resolution.

BE IT FURTHER RESOLVED, that this Resolution shall take effect upon its adoption.

88 Moved by Director , seconded by Director , and approved this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

89 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD

It is intended that the CFD will be eligible to fund all or a portion of the direct and incidental costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements within or in the vicinity of the CFD.

The CFD may fund any of the following related to the maintenance of the services described in the preceding paragraph: obtaining, constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses or facilities related to providing the services; equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services. It is expected that the services will be provided by the District, either with its own employees or by contract with third parties, or any combination thereof. The CFD may also fund administrative fees of the District related to the CFD.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created.

The foregoing description of the types of services eligible to be funded is general in nature and includes any appurtenant work and incidental expenses relating to the operation, maintenance and servicing of facilities. The final nature and location of the services will be determined upon the preparation of final plans and specifications for such services.

90 EXHIBIT B

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

91 RATE AND METHOD OF APPORTIONMENT FOR EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (“CFD No. C-2”) and collected each Fiscal Year commencing in Fiscal Year 2016-2017 in an amount determined by the Board through the application of the appropriate Special Tax for Taxable Property as described below. All of the real property in CFD No. C-2, unless exempted by law or by the provisions hereof, shall be taxed for purposes of CFD No. C-2, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meaning:

“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on County records, such as an Assessor’s Parcel Map and secured roll data, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area may be determined utilizing available spatial data and GIS.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California, as amended to date and as may be amended from time to time.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. C-2 including, but not limited to, the following: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the District, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the District, or otherwise); the costs to the District, CFD No. C-2, or any designee thereof of complying with disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the District, CFD No. C-2, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the District or CFD No. C-2 for any other administrative purposes, including, but not limited to, attorney’s fees; costs associated with annexations to CFD No. C-2; and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Apartment Property” means that area of land designated as Neighborhood V on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The Apartment Property land represents approximately 12.60 Acres of land which is planned for the construction of 216 Residential Dwelling Units to be classified as Residential Property – Apartments and 86 Residential Dwelling Units to be classified as Residential Property – Senior Apartments.

“Apartment Property Base Maximum Annual Special Tax” means $18,348.00 for Fiscal Year 2016-2017. The Apartment Property Base Maximum Annual Special Tax shall be increased by the Special Tax Escalation Factor multiplied by the amount of the Apartment Property Based Maximum Annual Special Tax in effect for the previous Fiscal Year.

“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating Assessor’s Parcels by an Assessor’s Parcel number.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas 92 Page 1 “Authorized Services” means the public services authorized to be funded by CFD No. C-2 as set forth in the resolutions of formation adopted by the Board establishing CFD No. C-2.

“Board” means the Board of Directors of the East Bay Regional Park District, acting as the legislative body of CFD No. C-2.

“CFD Administrator” means an official of the District, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD No. C-2” means the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas.

“County” means the County of Contra Costa.

“District” means the East Bay Regional Park District.

“Exempt Property” means all Assessors’ Parcels that are exempt from the Special Tax pursuant to Section E.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Maximum Annual Special Tax” means the maximum annual Special Tax, determined in accordance with Section C, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

“Non-Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year, which designates property for which a building permit could be issued for the construction of anything other than residential dwelling units. If a structure on an Assessor’s Parcel is a mixed-use building that includes residential dwelling units, the Special Tax levied on that Assessor’s Parcel shall be calculated based on applying the Special Tax only to the Residential Lots in the building.

“Open Space Property” means property within the boundaries of CFD No. C-2 which (i) has been designated with specific boundaries and acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the District, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the District limiting the use of such property to open space.

“Proportionately” means in such manner that the ratio of the Special Tax levy on Taxable Property to the Maximum Annual Special Tax on Taxable Property is equal for all Assessors’ Parcels of Taxable Property.

“Public Property” means any property within the boundaries of CFD No. C-2 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and acreage on a final subdivision map as property which will be owned by a public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. For purposes of this definition, a “public agency” includes the federal government, the State, the County, the District, or any other public agency.

“Rate and Method” means this Rate and Method of Apportionment for CFD No. C-2.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas 93 Page 2 “Residential Dwelling Unit” means an individual single family residential dwelling unit, each individual residential dwelling unit within a duplex, triplex, fourplex, townhome or condominium structure, or each individual apartment residential dwelling unit.

“Residential Property – Apartment” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct apartment Residential Dwelling Units. Residential Property – Apartment excludes those Assessor’s Parcels that can be designated as Residential Property – Senior Apartment or Residential Property – Condominium.

“Residential Property – Condominium” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct attached Residential Dwelling Units, named as condominiums, townhomes, or 2-story flats and is located in that area of land designated as Neighborhood IV on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. Residential Property – Condominium excludes those Assessor’s Parcels that can be designated as Residential Property – Apartment or Residential Property – Senior Apartment.

“Residential Property – Senior Apartment” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a residential development, consisting of apartment Residential Dwelling Units, for the occupancy of age-restricted persons, or senior citizens. Residential Property – Senior Apartment excludes those Assessor’s Parcels that can be designated as Residential Property –Apartment or Residential Property – Condominium.

“Residential Property – SFR1” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a single family Residential Dwelling Unit and is located in that area of land designated as Neighborhood I on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The proposed development for Neighborhood I includes the construction of single family Residential Dwelling Units with a minimum lot size of 50’ x 100’.

“Residential Property – SFR2” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a single family Residential Dwelling Unit and is located in that area of land designated as Neighborhood II on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The proposed development for Neighborhood II includes the construction of single family Residential Dwelling Units with a minimum lot size of 46’ x 70’.

“Residential Property – SFR3” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a courtyard single family Residential Dwelling Unit and is located in that area of land designated as Neighborhood III on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The proposed development for Neighborhood III includes the construction of courtyard single family Residential Dwelling Units with a minimum lot size of 35’ x 65’.

“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.

“Special Tax Escalation Factor” means the December annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area. If the percentage change is negative, the Special Tax Escalation Factor shall be equal to zero.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas 94 Page 3 “Special Tax Requirement” means that amount of Special Tax revenue required in any Fiscal Year, as determined by the CFD Administrator, for the following purposes: (i) to pay the costs of Authorized Services; (ii) to pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement replacement funds, or reserve funds for CFD No. C-2; (iv) to pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. The Special Tax Requirement shall be net of a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.

“State” means the State of California.

“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. C-2 that are not classified as Exempt Property under the Act or Section E below.

“Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. C-2 not classified as Residential Property or Non-Residential Property.

B. ASSIGNMENT TO LAND USE CATEGORIES

On or about July 1 of each Fiscal Year, all Assessor’s Parcels of Taxable Property shall be classified as Residential Property – SFR1, Residential Property – SFR2, Residential Property – SFR3, Residential Property – Condominium, Residential Property – Apartment, Residential Property – Senior Apartment, Non-Residential Property, or Undeveloped Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.

C. MAXIMUM ANNUAL SPECIAL TAX

The Maximum Annual Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to the table below:

2016-2017 Maximum Property Land Use Annual Special Tax Rates $146.00 Residential Property– SFR1 per Residential Dwelling Unit $131.00 Residential Property– SFR2 per Residential Dwelling Unit $124.00 Residential Property– SFR3 per Residential Dwelling Unit $109.00 Residential Property – Condominium per Residential Dwelling Unit $73.00 Residential Property – Apartment per Residential Dwelling Unit $30.00 Residential Property – Senior Apartment per Residential Dwelling Unit

Non-Residential Property $0.00 per Acre

Undeveloped Property $0.00 per Acre

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas 95 Page 4 On July 1 of each Fiscal Year, commencing on July 1, 2017, the Maximum Annual Special Tax shall be increased by the Special Tax Escalation Factor multiplied by the amount of the Maximum Annual Special Tax in effect for the previous Fiscal Year.

Successor Assessor’s Parcel(s) of Apartment Property When an Assessor’s Parcel designated as Apartment Property changes or subdivides, the Maximum Annual Special Tax shall be apportioned to each successor Assessor’s Parcel designated as Apartment Property so that there is no net loss in the total Apartment Property Base Maximum Annual Special Tax. The process for assigning the Maximum Annual Special Tax of the original Assessor’s Parcel to the successor Assessor’s Parcel is as follows:

Step 1: If less than 100% of the Apartment Property changes, the Apartment Property Base Maximum Annual Special Tax shall be allocated Proportionately to each Assessor’s Parcel based upon each Assessor’s Parcel’s assigned Maximum Annual Special Tax as compared to the total Maximum Annual Special Tax for all Assessor’s Parcels classified as Apartment Property.

Step 2: Identify the successor Assessor’s Parcel(s) created by the original Assessor’s Parcel(s), designated as Apartment Property, change or subdivision.

Step 3: Using land use development plans, determine the number and type of Residential Dwelling Units to be constructed for each successor Assessor’s Parcel identified in Step 1. Multiply the number of Residential Dwelling Units by the Maximum Annual Special Tax rates per Residential Dwelling Unit set forth in the table above to calculate the total Maximum Annual Special Tax for each successor Assessor’s Parcel of Apartment Property.

Step 4: If the total Maximum Annual Special Tax amount for all Assessor’s Parcels of Apartment Property is greater than or equal to the original Assessor’s Parcel(s) share of the Apartment Property Base Maximum Annual Special Tax, then the Maximum Annual Special Tax for each Assessor’s Parcel of Apartment Property shall be assigned based upon the number of Residential Dwelling Units and the Maximum Annual Special Tax rate per Residential Dwelling Unit.

Step 5: If the total Maximum Annual Special Tax amount calculated in Step 3 is less than the original Assessor’s Parcel(s) share of the Apartment Property Base Maximum Annual Special Tax, then the Maximum Annual Special Tax calculated in Step 3 shall be increased Proportionately for each Residential Dwelling Unit until the total Maximum Annual Special Tax for each successor Assessor’s Parcel(s) of Apartment Property equals the original Assessor’s Parcel(s) share of the total Apartment Property Base Maximum Annual Special Tax.

Once created, if a successor Assessor’s Parcel of Apartment Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Annual Special Tax for each additional successor Assessor’s Parcel of Apartment Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement.

The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a rate up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Tax levied against any

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas 96 Page 5 Assessor’s Parcel of Residential Property be increased by more than 10% above what it would have been levied had there been no delinquencies.

E. EXEMPTIONS

The CFD Administrator shall classify the following as Exempt Property: Public Property, Open Space Property, and Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement.

If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be classified as Taxable Property starting with the Special Tax levy for the next subsequent Fiscal Year after the change in use of that Assessor’s Parcel.

F. APPEALS AND INTERPRETATION

Any landowner or resident who feels that the amount of the Special Tax levied on such person’s Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the District appealing the amount of the Special Tax levied on such Assessor's Parcel. The District may establish such procedures as it deems necessary to undertake the review of any such appeal. The District shall interpret this Rate and Method and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the District shall be final and binding as to all persons.

The District may make minor administrative and technical changes to this Rate and Method that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this Rate and Method shall be left to the District’s discretion. Interpretations may be made by resolution of the Board for purposes of clarifying any vagueness or ambiguity in this Rate and Method.

G. MANNER OF COLLECTION

The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, or in such other manner and time as the District may determine, including the periodic direct billing of the affected property owners.

H. NO PREPAYMENT OF SPECIAL TAX

The Special Tax may not be prepaid.

I. TERM OF SPECIAL TAX

The Special Tax shall be levied, commencing in Fiscal Year 2016-2017, as long as necessary to satisfy the Special Tax Requirement.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas 97 Page 6 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2016-06-

June 21, 2016

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT, CALIFORNIA, CALLING A SPECIAL ELECTION FOR A COMMUNITY FACILITIES DISTRICT

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

WHEREAS, the Board of Directors of the East Bay Regional Park District (the “District”) adopted a resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”), defining the public services (the “Services”) to be provided by the CFD, authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and

WHEREAS, pursuant to the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD as required by the Act.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby finds, determines, and resolves that all of the foregoing recitals are true and correct.

BE IT FURTHER RESOLVED, pursuant to the Act, the issues of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the CFD at a special election called therefor as provided below.

BE IT FURTHER RESOLVED, this Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Board of Directors finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearing.

BE IT FURTHER RESOLVED, this Board of Directors hereby calls a special election to consider the issues described above, which shall be held on June 21, 2016, and the results thereof canvassed at the meeting of this Board of Directors on June 21,

98 2016. The Clerk of the Board is hereby designated as the official to conduct the special election and to receive all ballots until the close of business prior to the special election date. It is hereby acknowledged that the Clerk of the Board has on file the Resolution of Formation, a map of the boundaries of the CFD, and a sufficient description to allow the Clerk of the Board to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board hereby finds that Section 4108 is applicable to this special election, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election.

BE IT FURTHER RESOLVED, as authorized by Section 53353.5 of the Act, the issues described above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A is hereby approved. The Clerk of the Board is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit A, to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.

BE IT FURTHER RESOLVED, this Board of Directors hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD. There is on file with the Clerk of the Board a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis, and arguments in connection with the special election. Accordingly, this Board of Directors finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the special election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Clerk of the Board has concurred in the shortened time for the special election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

BE IT FURTHER RESOLVED, if two-thirds of the votes cast upon the question of levying such special tax and establishing the appropriations limit are cast in favor of the proposition after the canvass of the returns of such special election, the Board of Directors may levy such special tax within the CFD under the Act in accordance with the approved rate and method of apportionment of special tax. Such special tax may be levied only at the rate and may be apportioned only in the manner specified in the Resolution of Formation, subject to the Act, except that the special tax may be levied at a rate lower than that specified herein and the maximum annual tax rate may be lowered.

99 BE IT FURTHER RESOLVED, under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the Services and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report if required by Section 50075.3 of the Government Code.

BE IT FURTHER RESOLVED, that this Resolution shall take effect upon its adoption.

Moved by Director , seconded by Director , and approved this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

100 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

OFFICIAL BALLOT

SPECIAL TAX ELECTION (June 21, 2016)

This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope, either by mail or in person, to the office of the Clerk of the Board of the East Bay Regional Park District no later than 5:00 p.m. on Monday, June 20, 2016. The Clerk of the Board’s office is located at the East Bay Regional Park District Administration Building, 2950 Peralta Oaks Court, Oakland, California.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the Clerk of the Board of the East Bay Regional Park District and obtain another.

BALLOT MEASURE: Shall the East Bay Regional Park District be authorized to annually levy a special tax solely on lands within the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the District adopted by the Board of YES: Directors on June 21, 2016, commencing Fiscal Year 2016- 2017, to finance the costs of the maintenance, improvement, NO: and servicing of parklands, trails, open space, and related parkland access improvements, and to pay the costs of administering the CFD, and shall the initial annual appropriations limit of the CFD be established in an amount equal to $74,000?

By execution in the space provided below, you represent and warrant that the property information listed below is true and correct.

Number of Votes: 284

Property Owner: FARIA PRESERVE, LLC

By: ______

Property Owned by Property Owner: Contra Costa Assessor’s Parcel Numbers: 208- 240-053, 208-240-060, and 208-250-011

101 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2016-06-

June 21, 2016

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT, CALIFORNIA, DECLARING RESULTS OF A SPECIAL LANDOWNER ELECTION AND DIRECTING THE RECORDATION OF A SPECIAL TAX LIEN

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

WHEREAS, this Board of Directors of the East Bay Regional Park District (the “District”) adopted a resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”), defining the public services (the “Services”) to be provided by the CFD, authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and

WHEREAS, under the Resolution of Formation and the resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Calling a Special Election for a Community Facilities District” (the “Resolution Calling the Special Election”) heretofore adopted by this Board of Directors, the propositions of the levy of the special tax and the establishment of the appropriations limit were submitted to the qualified electors of the CFD as required by the Act; and

WHEREAS, under the Resolution Calling the Special Election, which by this reference is incorporated herein, the special election has been held and the Clerk of the Board has on file a Canvass and Statement of Results of Special Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and

WHEREAS, this Board of Directors has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby finds, determines, and resolves that all of the foregoing recitals are true and correct.

BE IT FURTHER RESOLVED, the issues presented at the special election were the levy of a special tax within the CFD and the approval of an initial annual appropriations limit of $74,000, all pursuant to the Resolution of Formation.

BE IT FURTHER RESOLVED, the Board of Directors hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to the Canvass, the issues presented at the special election were approved

102 by the qualified electors of the CFD by more than two-thirds of the votes cast at the special election.

BE IT FURTHER RESOLVED, pursuant to the voter approval, the CFD is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this Board of Directors with respect to the CFD were valid and in conformity with the Act.

BE IT FURTHER RESOLVED, the Clerk of the Board is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa a notice of special tax lien in the form required by the Act, such recording to occur no later than 15 days following adoption of this Resolution by the Board of Directors.

BE IT FURTHER RESOLVED, that this Resolution shall take effect upon its adoption.

Moved by Director , seconded by Director , and approved this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

103 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION

I hereby certify that on June 21, 2016, I canvassed the returns of the special election held on June 21, 2016, for the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas and the total number of ballots cast in such special election and the total number of votes cast for and against the measure is as follows and the totals shown for and against the measure are full, true and correct:

Qualified Landowner Votes Votes Votes Votes Cast YES NO East Bay Regional Park District Community Facilities District No. C-2 Las Trampas _ 284 ______Special Tax Election – June 21, 2016

BALLOT MEASURE: Shall the East Bay Regional Park District be authorized to annually levy a special tax solely on lands within the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the District adopted by the Board of Directors on June 1, 2016, commencing Fiscal Year 2016-2017, to finance the costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements, and to pay the costs of administering the CFD, and shall the initial annual appropriations limit of the CFD be established in an amount equal to $74,000?

Yes: ______

No: ______

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on June 21, 2016.

By: Clerk of the Board East Bay Regional Park District

104 EAST BAY REGIONAL PARK DISTRICT

Ordinance No. 2016-06-

June 21, 2016

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 LAS TRAMPAS

WHEREAS, the Board of Directors of the East Bay Regional Park District (the “District”) on May 17, 2016 adopted Resolution No. 2016-05-124 entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) and has conducted proceedings (the “Proceedings”) to establish the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code (the “Act”) to finance the costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements within or in the vicinity of the CFD (the “Services”), as provided in the Act; and

WHEREAS, the Resolution of Intention called for a public hearing to be held on June 21, 2016, and as part of the Proceedings, the Board of Directors held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the CFD to finance the Services, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Board of Directors, and a full and fair public hearing was held; and

WHEREAS, upon the conclusion of the hearing, this Board of Directors adopted a resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the Board of Directors (i) established the CFD, (ii) authorized the levy of the Special Tax within the CFD, and (iii) preliminarily established an appropriations limit for the CFD, all pursuant to the Act; and

WHEREAS, on June 21, 2016, a special election was held among the landowner voters within the CFD at which the landowner voters approved the proposition relating to the levy of Special Taxes within the CFD and the establishment of an appropriations limit for the CFD by the two-thirds vote required by the Act, and such approval has been confirmed by resolution of this Board of Directors; and

WHEREAS, the Board of Directors ordered the recordation with the County Recorder of the County of Contra Costa of a Notice of Special Tax Lien.

105 NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the East Bay Regional Park District as follows:

Section 1. The foregoing recitals are true and correct.

Section 2. By the passage of this Ordinance, the Board of Directors hereby authorize and levy the Special Tax within the CFD pursuant to the Act, at the rates and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2016-2017 and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD, as contemplated by the Resolution of Formation and the Proceedings.

Section 3. The District’s Chief Financial Officer or designee or employee or consultant of the District is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.

Section 4. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Resolution of Formation.

Section 5. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the District in administering the CFD, and the costs of collecting and administering the Special Tax.

Section 6. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Board of Directors may provide for other appropriate methods of collection by resolution(s) of the Board of Directors. The Chief Financial Officer of the District is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Contra Costa in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Contra Costa for fiscal year 2016-2017 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the District.

Section 7. If for any reason any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

Section 8. This Ordinance shall be published once within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District.

Section 9. This Ordinance shall become effective immediately upon its adoption by the Board of Directors.

106 BE IT FURTHER ORDAINED that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary and appropriate to accomplish the intentions of this Ordinance.

Moved by Director , seconded by Director , and approved this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

107 East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Special Tax Report

June 2016

Prepared by

For and on behalf of the General Manager of the East Bay Regional Park District

Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998

Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439

108 TABLE OF CONTENTS

INTRODUCTION 1

CFD INFORMATION 2 Background...... 2 Proposed Land Use...... 2 CFD Boundaries...... 2

DESCRIPTION OF SERVICES 3

COST ESTIMATE 4 Estimated Cost of Services ...... 4 Fiscal Year 2016/17 Maximum Annual Special Tax...... 4

RATE AND METHOD OF APPORTIONMENT 5 Term of Special Tax ...... 5 Manner of Collection ...... 5

APPENDICES 6

APPENDIX A – BOUNDARY MAP A

APPENDIX B – RATE AND METHOD OF APPORTIONMENT B

109 INTRODUCTION

The Board of Directors of the East Bay Regional Park District (the “District”) did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), on May 17, 2016, adopted a resolution entitled the Resolution of the Board of Directors of the East Bay Regional Park District Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes (the “Resolution of Intention”). In the Resolution of Intention, the Board of Directors directed the study and filing of a public hearing report (the “Report”) required by Section 53321.5 of the Act for the proposed East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”).

Section 53321.5 of the Act provides that the Report containing the following:

1. A brief description of the services to be provided by the CFD; and

2. An estimate of the fair and reasonable initial annual cost of providing the services, including the incidental expenses in connection therewith, any administration costs, and all other related costs.

For particulars, reference is made to the Resolution of Intention for the CFD, as previously adopted on May 17, 2016 by the Board of Directors.

NOW, THEREFORE, the General Manager of the District, the appointed responsible officer directed to prepare the Report or cause the Report to be prepared pursuant to the provisions of the Act, does hereby submit this Report containing the following information:

 CFD INFORMATION. Information related to the CFD, including background information, land use plans, and the proposed boundaries that include those properties on which special taxes may be levied to pay for the costs and expenses of the services.

 DESCRIPTION OF SERVICES. A description of the services that the Board of Directors has determined to be eligible to be funded by the CFD.

 COST ESTIMATE. The initial cost estimate for the CFD services and the initial maximum annual special tax.

 RATE AND METHOD OF APPORTIONMENT. The Rate and Method of Apportionment of Special Tax which was included in the Resolution of Intention and approved by the Board of Directors.

Community Facilities District No. C-2 Las Trampas 1 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – June 2016 110 CFD INFORMATION Background

The CFD is located within the City of San Ramon east of Bollinger Canyon Road, north of Deerwood Drive, and south of the city limit lines with the Town of Danville. The proposed development plan is to create 740 residential units know as the Faria Preserve.

Proposed Land Use

At build out, the CFD will include 740 residential units allocated as follows:

No. of Property Land Use Typical Lot Size Residential Units Single-Family Property 50’ x 100’ 121

Single-Family Property 46’ x 70’ 72

Single-Family Property 35’ x 65’ 63

Condominiums 182

Apartments 216

Senior Apartments 86

Total: 740

CFD Boundaries

The proposed boundaries of the CFD are those parcels in which special taxes may be levied and collected to pay for the costs and expenses of the CFD services. The proposed boundaries of the CFD are identified on the map of the CFD recorded on May 23, 2016, in Book 85 at Page 27 of Maps of Assessment and Community Facilities Districts as Document No. 2016-0096937-00 in the office of the County Recorder for the County of Contra Costa. The CFD map is on file with the Clerk of the Board, to which reference is hereby made and a reduced copy of such map is set forth in Appendix A of this Report.

Community Facilities District No. C-2 Las Trampas 2 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – June 2016 111 DESCRIPTION OF SERVICES

Community Facilities District No. C-2 Las Trampas 3 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – June 2016 112 COST ESTIMATE Estimated Cost of Services

The CFD is eligible to fund services described in the previous section of this Report. The services and the estimated annual costs herein are subject to review and confirmation. The annual costs listed in the table below are estimates only; the actual costs may differ from those estimates herein.

Estimated Description Annual Costs Staffing $44,891 Scheduled Maintenance 19,771 Overhead 8,434 Total Services Cost Estimate $73,096

Fiscal Year 2016/17 Maximum Annual Special Tax

The Fiscal Year 2016/17 maximum annual special tax for the varying land uses within the CFD is as follows:

2016-2017 Maximum Annual Special Tax Rates Property Land Use (per Residential Dwelling Unit) Residential Property – SFR1 $146.00 Residential Property – SFR2 131.00 Residential Property – SFR3 124.00 Residential Property – Condominium 109.00 Residential Property – Apartment 73.00 Residential Property– Senior Apartment 30.00 Non-Residential Property 0.00 Undeveloped Property 0.00

On each July 1, commencing on July 1, 2016, the maximum annual special tax shall be increased by the December annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area. In the event that the percentage change is negative, the annualized percentage change shall be equal to zero.

Community Facilities District No. C-2 Las Trampas 4 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – June 2016 113 RATE AND METHOD OF APPORTIONMENT

All of the property located within the CFD, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary services for the CFD. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The special tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel, or other reasonable basis as determined by the legislative body," although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.

As shown in Appendix B, the adopted Rate and Method of Apportionment provides information sufficient to allow each property owner within the CFD to estimate the maximum special tax that he or she will be required to pay.

Term of Special Tax

The CFD special tax shall commence in Fiscal Year 2016/17 and shall be levied until such time the District determines that revenues are no longer needed to fund the annual special tax requirement.

Manner of Collection

The annual special tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD, may directly bill the special tax, and may collect special taxes at a different time or in a different manner as necessary to meet its financial obligations.

Community Facilities District No. C-2 Las Trampas 5 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – June 2016 114 APPENDICES

Boundary Map A

Rate and Method of Apportionment B

Community Facilities District No. C-2 Las Trampas 6 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – June 2016 115 APPENDIX A – BOUNDARY MAP

The boundary map for the CFD is shown on the following page. The lines and dimensions of each lot or parcel within the CFD are those lines and dimensions shown on the maps of the Contra Costa County Assessor, at the time this report was prepared, and are incorporated by reference herein and made part of this Report.

116 117 APPENDIX B – RATE AND METHOD OF APPORTIONMENT

The following pages provide a copy of the CFD’s Rate and Method of Apportionment included in the Resolution of Intention and approved by the Board of Directors on May 17, 2016.

118 RATE AND METHOD OF APPORTIONMENT FOR EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

A. DEFINITIONS

The terms hereinafter set forth have the following meaning:

“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating Assessor’s Parcels by an Assessor’s Parcel number.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas119 Page 1 “Authorized Services” means the public services authorized to be funded by CFD No. C-2 as set forth in the resolutions of formation adopted by the Board establishing CFD No. C-2.

“Board” means the Board of Directors of the East Bay Regional Park District, acting as the legislative body of CFD No. C-2.

“CFD Administrator” means an official of the District, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD No. C-2” means the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas.

“County” means the County of Contra Costa.

“District” means the East Bay Regional Park District.

“Exempt Property” means all Assessors’ Parcels that are exempt from the Special Tax pursuant to Section E.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Maximum Annual Special Tax” means the maximum annual Special Tax, determined in accordance with Section C, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

“Rate and Method” means this Rate and Method of Apportionment for CFD No. C-2.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas120 Page 2 “Residential Dwelling Unit” means an individual single family residential dwelling unit, each individual residential dwelling unit within a duplex, triplex, fourplex, townhome or condominium structure, or each individual apartment residential dwelling unit.

“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas121 Page 3 “Special Tax Requirement” means that amount of Special Tax revenue required in any Fiscal Year, as determined by the CFD Administrator, for the following purposes: (i) to pay the costs of Authorized Services; (ii) to pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement replacement funds, or reserve funds for CFD No. C-2; (iv) to pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. The Special Tax Requirement shall be net of a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.

“State” means the State of California.

“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. C-2 that are not classified as Exempt Property under the Act or Section E below.

“Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. C-2 not classified as Residential Property or Non-Residential Property.

B. ASSIGNMENT TO LAND USE CATEGORIES

C. MAXIMUM ANNUAL SPECIAL TAX

The Maximum Annual Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to the table below:

Non-Residential Property $0.00 per Acre

Undeveloped Property $0.00 per Acre

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas122 Page 4 On July 1 of each Fiscal Year, commencing on July 1, 2017, the Maximum Annual Special Tax shall be increased by the Special Tax Escalation Factor multiplied by the amount of the Maximum Annual Special Tax in effect for the previous Fiscal Year.

Step 2: Identify the successor Assessor’s Parcel(s) created by the original Assessor’s Parcel(s), designated as Apartment Property, change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a rate up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Tax levied against any

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas123 Page 5 Assessor’s Parcel of Residential Property be increased by more than 10% above what it would have been levied had there been no delinquencies.

E. EXEMPTIONS

F. APPEALS AND INTERPRETATION

G. MANNER OF COLLECTION

H. NO PREPAYMENT OF SPECIAL TAX

The Special Tax may not be prepaid.

I. TERM OF SPECIAL TAX

The Special Tax shall be levied, commencing in Fiscal Year 2016-2017, as long as necessary to satisfy the Special Tax Requirement.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas124 Page 6 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES

b. PUBLIC HEARING

Approval of Engineer's Report for Fiscal Year 2016/2017, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for East Contra Costa County Landscaping and Lighting Assessment District No. 1; Adopt Resolution Regarding Protests (Rasmussen/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Receive public comments regarding the Draft Engineer's Report for operation of the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) for Fiscal Year 2016/2017;

2. Approve the ECCC-1 Engineer's Report for Fiscal Year 2016/2017;

3. Adopt a resolution confirming the diagram and assessment as set forth in the Engineer’s Report for Fiscal Year 2016/2017 (available for review through the Clerk of the Board);

4. Order the maintenance and improvements and levy the assessment as set forth in the Engineer's Report for Fiscal Year 2016/2017;

5. Adopt a resolution overruling protests.

REVENUE/COST

Assessment revenues, disregarding delinquencies, totaling $729,295 are expected to be raised from the East Contra Costa County Landscaping and Lighting Assessment District proceeding. These revenues are anticipated in the 2016 and 2017 District year budgets and are restricted to maintain parkland, open space, trails and related parkland access within the boundaries and provisions as described in the attached draft Engineer’s Report. 2016 appropriations total $586,200.

125 BACKGROUND

On May 17, 2016 the Board passed a Resolution of Intention to Order Improvements for the FY 2016/2017 operation of ECCC-1, establishing Tuesday, June 21, 2016 at 2:00 p.m. at the Big Break Visitors Center, 69 Big Break Road, Oakley, CA 94561 as the date, time and place to conduct a public hearing, and instructing the Clerk of the Board to provide appropriate notice. The proposed FY 2016/2017 program is described in the Engineer's Report (Attachment A) submitted with this board report.

East Contra Costa County (ECCC) was annexed to the District in 1981. This annexation occurred without redistribution to the District of tax revenues being collected by the County and, as a result, no operating revenue for regional park and trail facilities could be provided. In the mid-to-late 1980s, substantial residential development and corresponding population growth occurred in the area inevitably leading to local citizen requests for regional park facilities and services in the far ECCC area.

The passage of Measure AA in 1988 provided capital funds for the acquisition and development of regional park and trail facilities in ECCC. Without tax revenues, however, there was no funding available for maintenance and operation of these new regional park facilities. In recognition of this problem, the Board appointed a representative community-based ECCC Citizens Task Force to consider approaches for providing operation and maintenance funding. After a long deliberation, the Citizens Task Force recommended creation of a Landscaping and Lighting Special Assessment District to provide needed operational revenues. The District then initiated legal proceedings which culminated in a December 1991 Board action to form the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1).

ECCC-1 began its first year of operation on July 1, 1992. The initial assessment established for all qualifying residential parcels with up to and including four dwelling units was an annual rate of $19.70 per dwelling unit. Residential parcels with more than four dwelling units were assessed $9.85 per dwelling unit, and units in hotels, motels, and mobile home parks were assessed $4.92 per unit. At the time of formation the Board indicated its intention to retain future annual assessments, with possible adjustments for inflation, at the same approximate level. The assessment rates described above have not changed.

In November 1996, consistent with the provisions of Proposition 218, the continuation of the assessment rate and services provided by ECCC-1 was placed on the ballot as Measure LL. This ballot measure was approved (67.8% in favor) by the citizens of ECCC.

The proposed program for FY 2016/2017 is described in the Engineer's Report, Attachment A. The assessment rates for FY 2016/2017 would remain the same as this year, as described above.

The General Manager recommends that the Board approve the Engineer’s Report. By taking the recommended action, the District will make it possible for the ECCC-1 to continue its current service to East Contra Costa residents in the 2016 and 2017 District budget years.

126 At this Board meeting, on June 21, 2016, the Board will receive public comments and thereafter determine whether to approve the Engineer’s Report (Work Program, Budget and Rate of Assessment).

A second resolution is a requirement of State law that the Board must adopt a resolution overruling any protest to the assessment if any should be received.

ALTERNATIVES

None are recommended.

Attachment A: Draft 2016/17 Engineer’s Report for East Contra Costa County Landscaping and Lighting Assessment District No.1

127 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 06 -

June 21, 2016

APPROVAL OF ENGINEER'S REPORT FOR FISCAL YEAR 2016/2017, ADOPT RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT, ORDER MAINTENANCE, IMPROVEMENTS AND LEVY ANNUAL ASSESSMENT FOR EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1

WHEREAS, on May 3, 2016 the Board of Directors approved Resolution 2016-05-106 initiating proceedings and directed NBS, the Engineer, to prepare and file an Engineer’s Report for the East Contra Costa County Landscaping and Lighting Assessment District No.1 (ECCC-1) for Fiscal Year 2016/2017; and

WHEREAS, at the time of the formation of ECCC-1 in 1991, the Board indicated its intention to retain future annual assessments at the same approximate level and these rates have been continued at $19.70 per dwelling unit for residential parcels up to and including four dwelling units, $9.85 per dwelling unit for residential parcels with more than four units, and $4.92 per unit for hotels, motels, and mobile home parks; and

WHEREAS, in November 1996, consistent with the provisions of Proposition 218, the continuation of the assessment rate and services provided by ECCC-1 was placed on the ballot as Measure LL and this ballot measure was approved (67.8% in favor) by the electorate of East Contra Costa County; and

WHEREAS, on May 17, 2016 the Board of Directors granted preliminary approval to the Draft ECCC-1 Engineer’s Report for Fiscal Year 2016/2017, adopted a Resolution of Intention to Order Improvements within ECCC-1, and set a public hearing to be held on June 21, 2016, at 2:00 p.m. at the Big Break Visitors Center, 69 Big Break Road, Oakley, CA 94561, and notice of the hearing was given in the time and manner required by law; and

WHEREAS, at the public hearing the Board of Directors afforded to interested persons an opportunity to protest the annual report either in writing or in person, and the Board of Directors has considered the protests.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the Engineer's Report for ECCC-1, approves the diagram and assessment, orders the maintenance and operation of the Assessment District, and hereby levies the assessment, all as set forth in the Engineer's Report for 2016/2017; and

BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary and appropriate to accomplish the intentions of this resolution.

128 Moved by Director , seconded by Director , and adopted this 21st day of June 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

129

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EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. 2016-06-

Tuesday, June 21, 2016

RESOLUTION OVERRULING PROTESTS (Pursuant to the Landscaping & Lighting Act of 1972)

WHEREAS, on June 21, 2016 the Board of Directors opened a public hearing on the approval of the Engineer's Report on the proposed maintenance and operation of the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) for Fiscal Year 2016/2017; and

WHEREAS, at or before the time set for hearing, certain interested persons made protest, or objections to the proposed maintenance and operation, the extent of the assessment district, or the proposed assessment; and

WHEREAS, the Board of Directors finds that the protest against the proposed maintenance and operation (including all written protests not withdrawn in writing before the conclusion of the protest meeting) is made by the owners of less than one-half (50%) of the area of the land to be assessed.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby overrules each of these protests.

Moved by Director , seconded by Director , and adopted this 21st day of June, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

130

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East Bay Regional Park District

East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1)

Fiscal Year 2016/17 Engineer’s Report

June 2016

Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998

Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439

131 EAST BAY REGIONAL PARK DISTRICT EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (ECCC-1)

2950 Peralta Oaks Court Oakland, California 94605 Phone - (888) 327-2757

BOARD OF DIRECTORS

Whitney Dotson, Board Member

John Sutter, Board Member

Dennis Waespi, Board Member

Doug Siden, Board Member

Ayn Wieskamp, Board Member

Beverly Lane, Board Member

Diane Burgis, Board Member

DISTRICT STAFF

Robert E. Doyle, General Manager

Debra Auker, Acting Assistant General Manager

Carol Victor, Legal Counsel

Bill Zenoni, Interim Chief Financial Officer

NBS

Tim Seufert, Project Director

Nick Dayhoff, Consultant

132 TABLE OF CONTENTS

1. EXECUTIVE SUMMARY...... 1-1

2. PLANS AND SPECIFICATIONS ...... 2-1 2.1 Description of the District Boundaries ...... 2-1 2.2 Description of Areas to be Improved ...... 2-1 2.3 Description of Improvements...... 2-2 2.4 Identification of Benefit...... 2-3

3. ESTIMATE OF COSTS ...... 3-1 4. ASSESSMENT DIAGRAM...... 4-1 5. ASSESSMENTS ...... 5-1 5.1 Method of Apportionment...... 5-1 5.2 Appeals of Assessment Levy to Property...... 5-2 5.3 Assessment Roll ...... 5-2

133 1. EXECUTIVE SUMMARY

On May 3, 2016, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (the “District”).

The Resolution of Initiation directed NBS Government Finance Group, DBA NBS, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received.

The following assessment is made to cover the portion of the estimated cost of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received:

SUMMARY OF ASSESSMENT

Fiscal Year 2016/17 Fiscal Year 2016/17 Proposed Assessment Maximum Assessment As Confirmed by Board $729,294.78 $729,294.78

The assessment has been levied in accordance with the assessment methodology adopted and approved by the Board at the time of District formation.

The District was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIlIC and XIlID of the California Constitution. Although this assessment is consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered assessments" and held them to a lower standard than post Proposition 218 assessments. As required by Proposition 218, the voters of eastern Contra Costa County approved the continuation of the District in November of 1996 (Measure LL). This measure passed with 67.8% approval from the voters within the District.

ECCC-1 Engineer’s Report – East Bay Regional Park District 1-1 Prepared by NBS – Fiscal Year 2016/17 134 2. PLANS AND SPECIFICATIONS 2.1 Description of the District Boundaries

The District is defined by the boundaries of the Liberty Union High School District, in east Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District using County Tax Rate Areas, are those parcels shown in the assessment roll for the District.

2.2 Description of Areas to be Improved

The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows:

Marsh Creek Trail 7.74 miles - Big Break Trail to Creekside Park: The Creekside Park to Cypress Road portion of this trail is 6.54 miles long and was opened in phases from December 1992 to 1997. Construction costs for the first phase (Cypress Road to Dainty Avenue) were $775,000 for the trail and $260,000 for bridges. In 2001, the operation of the Dainty Avenue to Balfour Road section of the trail was transferred to the EBRPD from the City of Brentwood. The 0.5 mile Balfour Road to Creekside Park portion of the trail was built by subdivision developers in 1996/97 and opened in 1997. Beginning in Fiscal Year 2005/06, the EBRPD has maintained responsibility for a trail tunnel beneath O'Hara Avenue and a tunnel beneath Sand Creek Road. The EBRPD expects to maintain a 9/10 mile extension to the Delta Shoreline Trail after completion of a restoration project.

The Cypress Road to Delta Shoreline portion is 1.2 miles long and opened May 31, 1997, with a construction cost of $421,000 for the trail and railroad underpass.

Delta/De Anza Trail Approximately 3.5 miles - Cypress Road to Neroly Road: The Cypress Road to Neroly Road portion of the trail is about 2.5 miles long and opened June 1, 1996, with a construction cost of $355,000 (trail and screen fencing). The Hillcrest to Ridgeline segment opened 2007/08 and added one additional mile of trail. The one mile section of trail between Ridgeline and Neroly Road was completed and opened in 2014.

Big Break Trail 1.7 miles - Jordan Lane to Big Break Bridge: The Marsh Creek Bridge to Jordan Lane section of trail, which opened in 1998, is 1.7 miles in length and cost $525,000 to construct. Additionally, a trail from Big Break Road to the flood control channel has been constructed and is being maintained.

ECCC-1 Engineer’s Report – East Bay Regional Park District 2-1 Prepared by NBS – Fiscal Year 2016/17 135 ECCC Trails Service Yard Adjacent to the Iron Horse Sanitation District facilities in Oakley: The Iron Horse Sanitation District Plant (IHSD) in Oakley opened September of 1994. The EBRPD acquired land from IHSD nearby for a permanent service yard which was completed in 2003. The ECCC Service Yard provides necessary support for the continued growth of the District Trails and Park Program.

Vasco Caves Regional Preserve This 750 acre property was acquired by the Contra Costa Water District and the EBRPD in 1997/98 at a cost of $1,360,000 and is currently maintained by the EBRPD. It opened in 1999/2000 for public use by reservation only. An additional 617 acres were acquired on December 23, 2004, at an additional cost of $2,961 600. There is also a security residence at this location.

Round Valley Regional Preserve The Purviance property of 1,165 acres was acquired in 1995 at a cost of $2,058,500. The Aswad property of 160 acres was acquired in April of 1996 at a cost of $224,000. The Cowell property was leased to the EBRPD in 1996 and opened in 1998. The construction cost of staging area and access was $921,500. There are 3.2 miles of trail. An additional 45 acres was added on January 31, 2000, at a cost of $313,250. There is also a security residence at this location. A group camp site, which may be reserved, opened in 2007, and a bridge was installed in 2012 to complete the loop trail.

Delta Access

The EBRPD acquired the Fallman property on June 20, 2002, at a cost of $1,500,000. The property is 276 acres in size and is located adjacent to the Werner Dredger Cut, east of Knightsen, in the Orwood Tract. The property is currently in agricultural use and will be kept in land bank status until funding is obtained for the development and operation of a delta access facility. An additional 90 acres of Delta access known as the Aginson Prime property was acquired in September of 2013 at a cost of $1,165,000. The purchase price included a security residence and a dock that may eventually allow small boat access to the Delta. The District is participating in the replacement of the Orwood Bridge, which crosses the Dredger Cut adjacent to the Fallman property. The new bridge will include a segment of the Mokelumne Coast to Crest Trail. In January 2016, at a cost of $6,072,000, the District acquired the 646 acre Nunn property to provide a key opportunity to protect and restore rare delta habitat.

2.3 Description of Improvements

The level of operations, maintenance and servicing include, but are not limited to: culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving and crack repair, rest room maintenance, sign maintenance, stair tread repair, tree and shrubbery trimming and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance and service include personnel, electrical energy, and utilities such as water, materials, contractual services, administrative costs and other items as necessary. All work will be performed to an acceptable standard and in accordance with applicable safety, environmental, aesthetic and building standards and regulations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.

ECCC-1 Engineer’s Report – East Bay Regional Park District 2-2 Prepared by NBS – Fiscal Year 2016/17 136 2.4 Identification of Benefit

The District provides funds needed to maintain, operate, and construct parks, trails, open space, and other related park and access improvements within the District, as prescribed in the State of California Streets and Highways Code. Cost of acquisition and development of the regional facilities is funded primarily through Federal and State grants, Bond Acts, and various public and private donations.

By definition, all District lands maintained with the assessment revenues are directly related to property within the District, and benefits are received equally by all residential property owners within the District. A single zone of benefit for residential properties is in effect throughout the entire area of the District, and assessments are established accordingly. Assessments are directed exclusively to owners of all individual residential parcels which include a residence or residences as defined by the Contra Costa County Assessor, according to the plan defined below in this Report. The plan reflects varying rates of assessment, dependent upon the number and type of residential units located on the various parcels.

ECCC-1 Engineer’s Report – East Bay Regional Park District 2-3 Prepared by NBS – Fiscal Year 2016/17 137 3. ESTIMATE OF COSTS

The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $370,074 Total Assessment FY 2016/17 729,295 County Collection Fees (27,469) Interest 300 Total Sources $1,072,200 Uses Maintenance Expenditures: Salaries and Benefits $577,200 Supplies 0 Services 3,000 Administrative Expenses: Intra-District Charges 0 Engineer Charges 6,000 Transfers Out 0 Total Uses $586,200 Projected Change in Fund Balance $115,926 Projected Ending Fund Balance, December 31, 2016 $486,000

ECCC-1 Engineer’s Report – East Bay Regional Park District 3-1 Prepared by NBS – Fiscal Year 2016/17 138 4. ASSESSMENT DIAGRAM

An Assessment Diagram for the District has been submitted to the EBRPD Clerk in the format required under the provision of the Act. The Assessment Diagram is on file with the EBRPD Clerk and by reference herein is made part of this Report. The lines and dimensions shown on maps of the Contra Costa County Assessor for the current year are incorporated by reference herein and made part of this Report.

ECCC-1 Engineer’s Report – East Bay Regional Park District 4-1 Prepared by NBS – Fiscal Year 2016/17 139 5. ASSESSMENTS

The actual assessments for Fiscal Year 2016/17, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 6 of this Report for the District. The description of each lot or parcel is part of the records of the Contra Costa County Assessor and such records are, by reference, made part of this report.

5.1 Method of Apportionment

Assessments for individual parcel owners will be included as a part of the annual tax bill. Senior citizens, whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. Assessments for the individual parcels in the District, consistent with approved residential property assessment practices in other Contra Costa County special assessment districts, are based upon the schedule shown below.

1. Single Family Units on a single parcel (home, condominium, townhouse, mobile home, rural residential) are assessed $19.70 per unit

For Fiscal Year 2016/17, there are 35,489 assessable units for a total of $699,133.30.

2. Two or more residential units, to a maximum of four residential units, on a single parcel (homes, duplex, triplex, mobile home) are assessed $19.70 per individual living unit

For Fiscal Year 2016/17, there are 589 assessable units for a total of $11,603.30.

3. Multiple living units (apartments of five living units or more) are assigned an assessment rate of 0.5 units per individual living unit, or $9.85 per individual living unit

For Fiscal Year 2016/17, there are 1,470 assessable units for a total of $14,479.50.

4. Living units in hotels, motels, and mobile home parks are assigned an assessment rate of 0.25 units per individual living unit, or $4.92 per individual living unit

For Fiscal Year 2016/17, there are 829 assessable units for a total of $4,078.68.

All assessments are rounded down to an even cent for placement on the Contra Costa County property tax roll.

ECCC-1 Engineer’s Report – East Bay Regional Park District 5-1 Prepared by NBS – Fiscal Year 2016/17 140 5.2 Appeals of Assessment Levy to Property

Any property owner, who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Chief Financial Officer/Controller of the EBRPD, or designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Chief Financial Officer/Controller or designee will promptly review the appeal and any information provided by the property owner. If the Chief Financial Officer/Controller or designee finds the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County of collection, the Chief Financial Officer/Controller or designee is authorized to refund the property owner the amount of any approved reduction. Any dispute over the decision of the Chief Financial Officer/Controller or designee shall be referred to the EBRPD Board of Directors and the decision of the Board shall be final.

5.3 Assessment Roll

Each year the EBRPD obtains a current listing of all parcels located within the District boundaries from the County Assessor. The listing identifies each individual parcel, its owner, and defines the County Assessor Use Code for the parcel. The complete listing of all parcels to be assessed, including name of owner, parcel address, and amount of the proposed assessment, is on file at the EBPRD headquarters office. Parcel references are consistent with Contra Costa County Assessor parcel numbers, in order to avoid confusion or misunderstanding by residential property owners.

ECCC-1 Engineer’s Report – East Bay Regional Park District 5-2 Prepared by NBS – Fiscal Year 2016/17 141 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle)

City of Albany – Albany Bulb Transition Study

On June 6, 2016, the Albany City Council unanimously voted to accept the Albany Neck and Bulb Transition Study. The transition study concerns the City-owned portions of McLaughlin Eastshore State Park and development of strategies to improve the former dump so it can become a part of the State Park and potentially operated by the District in the future. The study identifies enhancement strategies and recommendations that seek to maintain the site’s character while enhancing access and safety. Recommended access improvements include the creation of a loop trail, vista points, and a boardwalk in the sensitive mudflats area. Improvements also include enhanced vegetation management practices and removal of hazards along trails, such as protruding rebar. The study is an initial step in developing a project description suitable for future environmental analysis and identification of grant funding. Long-term management of the site and potential operation of the Albany Neck and Bulb by the District as part of McLaughlin Eastshore State Park will be subject to future agreements between the District and the City.

142 Page Left Blank Intentionally

143 Event Calendar June - July 2016 Board Meeting Date: June 21, 2016

Date Day Time Event Location Sponsoring Organization June 12, 19 & 26 Sundays 1 – 3 p.m. Historic Hay Harvest Ardenwood EBRPD Independence Day 7/4/16 Monday 10 a.m. – 4 p.m. Celebration Ardenwood EBRPD

7/4/16 Monday 2 – 4:30 p.m. Open House Crab Cove EBRPD Alameda Rotary Club 7/8/16 Friday 5:30 – 7:30 p.m. Concert at the Cove Crab Cove & EBRPD

Hazel-Atlas Mine Black Diamond 7/9/16 Saturday 12 – 4:30 p.m. Open House Mines EBRPD

144 GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION No Presentation

GM COMMENTS From April 18, to May 18, 2016 the Public Safety Division handled 893 service calls and 681 total incidents. Highlights are included below.

Police There were 48 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 405 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 391 field interviews (contacts without citations or arrests) and contacted 19 people on probation or parole to conduct compliance checks.

 Alameda Creek Trail: On April 30, an officer contacted a person for trespassing on the railroad tracks. The subject admitted to being under the influence of methamphetamine and having a syringe containing methamphetamine. He was on probation and arrested for possession of a controlled substance.

 Anthony Chabot: On April 24, an officer responded to the report of a lost hiker after dark. The officer was able to locate the hiker utilizing Park View’s GPS coordinates, and transported the park user back to the parking lot at Lake Chabot.

 Antioch Shoreline: On May 14, a sergeant responded to the report of the victim of an attempted murder. The victim was sitting in his car after park curfew when a vehicle pulled in behind his truck and shot four times into the vehicle. No one was injured and suspect information was provided.

 Crown Beach: On April 19, a sergeant performed an enforcement contact on a driver who was swerving and entering the bike lane. The driver smelled of alcohol and had a blood alcohol content of .15%. He was arrested for DUI without incident.

145  Cull Canyon: On May 1, an officer was flagged down by a person whose vehicle had been stolen from the parking lot. A description of the car was provided to the officer.

 Del Valle: On April 29, an officer contacted a subject after reports from staff that a vehicle was doing burnouts near one of the campgrounds. The driver smelled of alcohol. He had a blood alcohol content of .20% and was arrested for DUI.

 Delta DeAnza Trail in Bay Point: On April 26, an officer and sergeant heard gunfire in the area. A witness pointed out the two subjects on the trail. The suspects were contacted and found to be under the influence of alcohol and unable to care for themselves. They were arrested for disorderly conduct and transported to jail without incident. No weapons were located in the area.

 Garin: On May 2, an officer was dispatched to a domestic disturbance. One person was issued a restraining order to stay away from the victim and was arrested for the domestic violence offense.

 Iron Horse Trail in Concord: On May 11, an officer contacted two occupants of an illegal encampment. They were cited and provided a notice to vacate the area within 72 hours.

 Lake Chabot: On May 2, an officer came upon a nude man near Nike Base Road. The subject was arrested for disorderly conduct. He also admitted he was at Cull Canyon earlier in the day walking around nude in the parking lot.

 Martin Luther King Jr. Shoreline: On May 1, an officer noticed a vehicle with the hood up and garbage and various items on the ground outside of the vehicle. A check of the occupants and vehicle turned up cocaine, crystal methamphetamine, glass smoking pipes, and several tools used to distribute the contraband. The driver was arrested for possession of a controlled substance with intent to distribute.

On May 4, an officer performed an enforcement stop on a vehicle driving in the parking lot after curfew. The driver smelled of alcohol and had a blood alcohol content of .20%. He was arrested for DUI and taken to jail without incident.

On May 15, a sergeant ran a records check on a vehicle in the parking lot. The vehicle was found to be stolen out of Alameda County. The driver was arrested for auto theft and an outstanding warrant. The passenger was released on scene.

 Martinez Shoreline: On May 3, an officer was dispatched to the report of a person screaming profanities at park users. The subject was located near the bathrooms and was uncooperative toward the officer and Martinez Police officers. She was taken to the hospital by paramedics for a mental health evaluation.

 Out of Park in Oakland: On May 14, an officer performed an enforcement stop on a vehicle that ran a red light and almost collided with him. The driver was arrested for being under the influence of alcohol and an outstanding warrant out of Napa.

146  Tilden: On May 16, an officer responded to the report of theft from Native Here nursery. The fence lock had been cut and an estimated 100 planters were stolen sometime overnight.

 Vargas Plateau: On May 16, an officer responded to the report of graffiti on a Park District electronic message board. No suspects were seen in the area.

Fire Operations  On May 5, fire companies A and B participated in EMS training. The training involved various staged emergency scenarios.

 On May 13, firefighters responded to a five-acre brush fire that started along Vasco Road and burned into District property north of lower Brushy Peak. The fire was contained and District firefighters along with Cal Fire units performed mop-up.

 On May 17, firefighters assisted a park user at Briones whose dog was accidentally locked in their vehicle. Firefighters opened the car door for the owner. The dog was not injured.

 On May 18, while near Highway 24 and Fish Ranch Road, Engine 5661 responded to a report of smoke in the area. Construction workers using a cutting torch had ignited a slow burning fire in landscaping mulch. Firefighters assisted the construction workers with containment and mop up of the fire.

Medical  Fire staff responded to three personal injuries, one medical emergency, and one vehicle accident throughout the District.

Fire Fuels Management  During the month of April, the fire department worked with the three goat grazing contractors to finalize their contracts and establish a grazing plan for the 2016 fire season.

 During the month of May, the fire department utilized goat-grazing services as a fire management tool at Ardenwood, Cull Canyon, Garin HOA, and Claremont Canyon.

 During the months of April and May the fire department conducted the following activities at Tilden: fire crews burned brush piles as part of the department’s on-going efforts to maintain fuel break areas and promote habitats for native species; Civicorps School hand crews assisted firefighters in managing grassland fuel loading in an on-going fuel break maintenance project; and District firefighters and Napa California Conservation Corps crews completed the ladder fuel reduction project funded by Western Wildland-Urban Interface grants.

 On May 18, contractors began the Nimitz Way Fuels Reduction project in Tilden. This project is also funded by Western Wildland-Urban Interface grants.

147 Lifeguard Service  From April 20 – 22, and May 9 – 11, staff assisted with Open Water Rescue courses hosted by the City of Alameda fire department.

 On April 22, staff hosted a water safety booth at the Cherryland Elementary School Health Fair. Approximately 800 students attended.

 On April 23, lifeguards held a swimming merit badge class for Boy Scouts from the SF Bay Area Council at Roberts Pool.

 On April 26, staff conducted Water Safety classroom visits at Turner and Belshaw elementary schools in Antioch. Approximately 360 students attended.

 On April 28, staff conducted a Water Safety classroom visit at Sutter Elementary School in Antioch. Approximately 180 students attended.

 On April 30, lifeguard service began on weekends only and the Lifeguard Academy started with 39 cadets who were hired for the season.

 On May 1, staff hosted a First Aid Skills booth at the Girl Scouts Bridge Day in San Francisco.

 On May 1, staff conducted a general Water Safety course for the District’s Volunteer Trails Safety Patrol group.

 On May 5, staff provided lifeguard service at the Fishing Derby held at Shadow Cliffs.

 On May 5, staff conducted a CPR/AED course for the District’s Spring YEP crew.

 From May 7 – 8, and May 14 – 15, Junior Aide program interviews were held. Approximately seventy youth, ages 13-17, were interviewed.

148 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

a. Board Executive Committee (6/3/2016) (Siden)

Present

Board: Doug Siden, Whitney Dotson, Beverly Lane

Staff: Robert Doyle, Ana Alvarez, Becky Pheng, Carol Victor, Jim O’Connor, Brad Gallup, Dan McCormick, Chris Barton, Bob Nisbet, Chris Barton, Karla Cuero, Suzanne Wilson, Erich Pfuehler, Jeff Rasmussen, Matt Graul

Public: Rick Rickard, Jean Robertson, Mary McAllister, Bruce Kern

The meeting was called to order at 12:35 p.m.

Staff requested that “Bay Point Restoration and Public Access Project” be placed first on the agenda. Committee Chair Doug Siden approved this request, and the order of the agenda was revised.

1. Bay Point Restoration and Public Access Project

Chris Barton, Environmental Programs Manager, presented this agenda item. Mr. Barton gave an overview of Bay Point Regional Shoreline (Park) which was acquired in 1996. The Park is located in Bay Point, a disadvantaged community in East Contra Costa County. The community has limited access to parks and open space. A Land Use Plan for the Park was adopted in 2001, calling for a number of public access and habitat improvements. Since that time, the District has made several improvements including a parking lot, lighting, picnic area, and vault toilet restroom. However, there are several other improvements yet to be completed including development of a kayak launch, picnic shade structure, potable access, and trail/fishing access. The Committee inquired about trail access, design of the kayak/canoe launch, and project timeline. Mr. Barton also talked about the planned restoration improvements and former dredge mining area. The project cost is estimated between $4.5 - $6.5 million. The District has already secured approximately $2 million in grant funds for the project. Staff anticipates awarding an engineering, design, and permitting contract in July 2016.

149 Recommendation: None. This was an informational item.

2. 2017 Fuels Management Program of Work Update

Dan McCormick, Fire Chief, introduced this agenda item. Since the Board adopted the Wildfire Hazard Reduction and Resource Management Plan (Plan) in 2010, staff has presented the annual fuels management program before the Committee. Referring to Attachment A, Mr. McCormick recapped projects currently underway and projects planned for 2017. By the end of 2017, staff anticipates that the District will be undertaking continuing maintenance of 1,216 acres (927 acres in the Plan area and 289 acres in outside of the Plan area). Over the life of the Plan, staff anticipates ongoing maintenance of 3,100 acres.

Brad Gallup, Fire Captain, demonstrated how staff approaches prescription and treatment protocols in each treatment area. Matt Graul, Chief of Stewardship, talked about the Biological Opinion and the Environmental Impact Statement (EIS) prepared by FEMA. The lawsuit challenging the EIS is not impacting the District’s ability to commence the vegetation work in the FEMA grant areas. Mr. Graul also talked about the management plan and an extensive Alameda Striped Racer study that is currently being conducted by the District’s consultant. Jeff Rasmussen, Assistant Finance Officer, talked briefly about the costs associated with the fuels management program and available funding sources. The average cost of annual maintenance work is approximately $1,200 per acre. Robert Doyle, General Manager, commented that the District is not just thinning trees, but also removing debris as captured in a picture Mr. McCormick showed. The key is to balance fire hazard reduction and resource protection.

Public Comments

Jean Robertson inquired if the District will completely remove or thin trees. She also asked if there are sufficient funds for the Stewardship Department to undertake additional work related to the fuels management program.

Kate Barnier commented on the closing of the Nimitz Trail, super bugs, super weeds, and pesticide run off.

Mary McAllister commented on Site 29 at Claremont, providing a handout about the area.

Recommendation: None. This was an informational item.

3. Park Advisory Committee Work Plan Amendment for 2016

Erich Pfuehler, Government Affairs Manager, and Bruce Kern, Chair of the Park Advisory Committee, presented this agenda item. The Park Advisory Committee is interested in learning about how the District arrived at its current policies related to dogs in the park. Mr. Kern noted that there are new members on the Park Advisory Committee and many of them are not familiar with the history of Ordinance 38 and the District’s policy related to dogs in the park. This has been an ongoing issue and staff feels the District and public would benefit from a historical overview of the subject. Robert Doyle, General Manager, commented that he has

150 seen a lot of dogs at Mt. Diablo State Parks. Dogs are prohibited at the park. He also commented on importance of educating the public about the District’s policy related to dogs.

Recommendation: By motion of Director Beverly Lane, and seconded by Director Whitney Dotson, the Board Executive Committee voted 3-0 to approve amending the Park Advisory Committee’s 2016 Work Plan to include a historical overview about the District’s policies related to dogs in the parks and how the District arrived at its current policies.

4. Open Forum for Public Comments

None.

5. Board Comments

Director Beverly Lane commented that there have been a lot of good articles about the District in the newspaper. She acknowledged the wonderful work of Carolyn Jones, Public Information Supervisor.

There being no further business, Committee Chair Doug Siden declared the meeting adjourned at 2:35 p.m.

Respectfully submitted,

Becky K. Pheng

151 Page Left Blank Intentionally

152 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

b. Board Executive Committee (5/6/2016) (Siden)

Present

Board: Doug Siden, Whitney Dotson, Beverly Lane

Staff: Ana Alvarez, Becky Pheng, Jeff Rasmussen, Carol Victor, Ruby Tumber, Raphael Breines, Kevin Takei, Anne Kassebaum, Jim Devlin, Rob Lim, Sean Dougan, Bob Nisbet, Ira Bletz, Erich Pfuehler, Debra Auker, Ren Bates

Public: Alan Kawaski, Brian Leonard, John Roberts, Daniela Corvillon, Ben Botkin, David Bingham, Jean Robertson, Bruce Ohlson, John Mercurio

The meeting was called to order at 12:35 p.m.

1. Pt. Pinole Visitor Center Site Study – Status Update

Rob Lim, Chief of Design and Construction, presented this agenda item along with the District’s consultant team from Shah Kawasaki Architects.

This project involves conducting a siting study for a new visitor center at Pt. Pinole Regional Shoreline. The new visitor center, which will be approximately 9,200 sq. ft., will provide opportunities for recreational opportunities and natural and cultural interpretive programs associated with the park. The District’s consultant, Shah Kawasaki Architects, analyzed five potential sites for the new visitor center. Some of the key siting criteria included:

 Geotech/seismic hazard  Biological resources  Cultural resources  Infrastructure cost (e.g., utility)  Parking location  Minimizing natural resource impacts  CEQA

153 The consultants presented their findings and discussed the “pros and cons” of each site. The top three potential sites, based on the consultant and staff’s analysis, are as follows:

 Alternative 2 – This site location highlights park qualities; has good views; has good resource proximity; and good pedestrian gateway.  Alternative 1 – This site location has good park gateway; some shoreline views; and concentrates development in one area. This site does not have good resource proximity.  Alternative 3 – This site has the best views; best resource proximity; and good pedestrian gateway. This site, however, is outside of the CEQA area, disrupts park circulation, and raises geotechnical concern.

Director Whitney Dotson recommended that the visitor center be located in an area where most activities take place. His preference is Alternative 3. Director Beverly Lane asked staff to provide more information on the total cost of the project. She would like visitors to have a rich experience when visiting the new Pt. Pinole Visitor Center. Alternative 2 would provide a greater visitor experience given the location, views, and resource proximity. Director Doug Siden recommended that the Board visit the site. He asked staff to arrange a site visit and that staff bring the item back to the Board Executive Committee for further review and discussion.

After discussion, the Committee directed staff to further analyze Alternative nos. 1, 2, and 3, and to organize a field trip to look at the sites.

Public Comments: David Bingham, CNPS, commented on the biological assessments and the need to balance development and natural resources. He recommends a site with limited impact on grassland. Jean Robertson commented that she favors an alternative which does not damage grassland, and would like the District to restoration in the area.

Recommendation: None. This was a discussion item.

2. Bay Area Water Trail Report

Ruby Tumber, Administrative Analyst, and Ben Botkin, Bay Area Water Trail Planner with ABAG, presented this agenda item.

The San Francisco Bay Area Water Trail is a growing network of launching and landing sites (or trailheads) around the San Francisco Bay Area. Each trailhead allows non-motorized small boat users to enjoy this historic, scenic, cultural, and environmental richness of the bay. The Bay Area Water Trail offers unique experiences for various water recreation activities, including windsurfing, kayaking, canoeing, and row boating.

EBRPD staff is working with ABAG on a Water Trail Implementation Plan to provide a guide for water access enhancement and investment within the Park District. The Plan will inventory existing water access facilities and projects, identify potential for access enhancements, and rank locations for investment into the Bay Area Water Trail. There are currently 20 designated Bay Area Water Trail sites, two of which are within the EBRPD—Tidewater Boating Center and Ferry Point. EBRPD and ABAG staff have visited and performed an in-depth review of EBRPD

154 sites to determine which sites should be eligible for Water Trail designation. Ms. Tumber and Mr. Botkin talked about each of the sites, which are listed in the attachment to the staff report.

Director Beverly Lane commented that it was a terrific report with detailed information. Director Whitney Dotson commented that he supported the Plan. Director Doug Siden also commented that it was a terrific report and that he was impressed with the data. He would like to see more access at Pt. Pinole Regional Shoreline, and commented about site profiles in his ward.

Recommendation: By motion of Director Whitney Dotson and seconded by Director Beverly Lane, the Board Executive Committee voted 3-0 to recommend the finalized Bay Area Water Trail Report to the Water Trail Project Management Team for consideration of future Bay Area Water Trail sites.

3. Iron Horse Trail: Lower Walnut Creek Segment

Sean Dougan, Regional Trails Manager, presented this agenda item.

The Trails Development Department is working on planning efforts to close the northern gap of the Iron Horse Trail along the lower Walnut Creek channel. Staff has been actively participating in a stakeholder advisory committee for the Contra Costa County Flood Control and Water Conservation District’s lower Walnut Creek restoration project. This project will restore and enhance the lower Walnut Creek channel and provide sustainable flood protection, while allowing opportunities for public access and recreation. Mr. Dougan showed a PowerPoint presentation of the project area and talked about potential trail alignments. One of the potential trail alignments would go through the CONCO property and Acme landfill property. Staff talked about the pros and cons of the alignments. The cost of this project is estimated at $28 million. No sources of funding have been identified.

Director Beverly Lane supports the project, but acknowledges the high costs. She would like to discuss this project in more detail at the Board Workshop. Bob Nisbet, AGM for Acquisition, Stewardship & Development, responded that this is an item for discussion at the May 16, 2016 Board Workshop. She would like staff to pursue both the northern and western option trail alignment. Director Whitney Dotson commented that he too supports the project.

Public Comments: Bruce Olson commented that he supports the project and would like to close the trail group. John Mercurio commented that he supports the project and likes the transportation aspect of the trail alignment. He favors a route that connects to the Benicia- Carquinez Bridge.

Recommendation: By motion of Director Beverly Lane and seconded by Director Whitney Dotson, the Board Executive Committee voted 3-0 to authorize staff to enter into a partnership with CFCD to pursue the northern and western trail options along the Lower Walnut Creek channel.

155 4. Reorganization Proposal for Finance and Management Services Division and Review of Chief Financial Officer Job Duties

Dr. Ana Alvarez, Deputy General Manager, and Debra Auker, Acting AGM for Management Services, presented this agenda item.

The goal of this reorganization is to improve efficiency in the division and the District; reduce duplication of functions; create reasonable spans of control throughout the division; and further the District’s vision and mission to pursue all activities to ensure the fiscal health of the District. The proposal will 1) merge the Chief Financial Officer and AGM for Management Services positions; 2) add one additional Assistant Finance Officer position (for a total of three); and 3) reassign the Clerk of the Board to report to the Deputy GM. Ms. Auker talked about the history of the Management Services Division and how the AGM position has evolved. She showed an organizational chart of the current division and talked about the proposed division. The Committee inquired about the new management position that will be created and the reporting structure.

Director Beverly Lane acknowledged the work of the former AGM for Management Services, Dave Collins. She supports the proposed reorganization and thinks it makes logical sense. Director Whitney Dotson and Director Doug Siden also commented that they support the proposed reorganization.

Recommendation: By motion of Director Beverly Lane and seconded by Director Whitney Dotson, the Board Executive Committee voted 3-0 to approve the proposed Finance and Management Services Division reorganization and the revisions to the Chief Financial Officer job description; and to direct staff to prepare the information for review and approval by the full Board.

5. Public Comments

None.

6. Board Comments

Director Beverly Lane commented on the working relationship of the AGMs, and that she would like AGMs to collaborate and work together.

Director Doug Siden encouraged the General Manager and AGMs to share more information with staff.

The meeting was adjourned at 4:00 p.m.

Respectfully submitted,

Becky K. Pheng

156 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, June 21, 2016

D. BUSINESS BEFORE THE BOARD

6. CONSENT CALENDAR

c. Finance Committee Minutes and Recommended Actions from the February 24, 2016 (Waespi)

Attendees

Board: Directors Dennis Waespi, Ayn Wieskamp, Diane Burgis

Staff: Debra Auker, Bill Zenoni, Deborah Spaulding, Pam Burnor, David Sumner, Meadow D’Arcy, Jeff Rasmussen, Peter Fitch (Interim)

Speakers: PFM Asset Management, Monique Spyke and Allison Kaune

Public: None

Committee chair Dennis Waespi began the meeting at 12:40 PM with the introduction of committee members. Since one committee member was running late committee chair began meeting with public comment. Please note agenda items were addressed out of order.

Agenda Item No. 5 Open Forum for Public Comment

No Public comment.

Agenda Item No. 3 2015 Disposal of Fixed Assets

Assistant Finance Officer Deborah Spaulding reported that the District annually performs an inventory of assets, identified items that have been disposed, surplused, etc., and records an accounting adjustment to “write-off” the remaining net book value of any equipment no longer in the District’s possession. Per Board Operating Guidelines, items with a book value (cost less accumulated depreciation) of over $25,000 are subject to Board review and action. A list was provided to the Committee for information only summarizing assets disposed in 2015:

157  38 assets were disposed through Board approval action process. All but one of the items were fully depreciated so the net book value was $0, however $108,338 was received at auction for these items.  19 assets were determined not to be auction-able, and were disposed of. Net book value of these items combined as $4,905 at time of disposal.  3 assets were demolished, including replacement of two restroom facilities at Miller-Knox Regional Shoreline and one vacant uninhabitable residence, at Hayward Regional Shorelines, with a net book value over $25,000.

Committee chair Waespi asked if a vehicle is depreciated based on age or mileage. Assistant CFO Spaulding replied depreciation is based on the vehicles age.

Recommendation: Motioned by Ayn Wieskamp and seconded by Dennis Waespi that the Finance Committee recommends to the full Board of Directors for approval of accounting adjustments to reflect the disposal of two fixed assets with a book value over $25,000 during the 2015 fiscal year.

Agenda Item No. 4 Agreement for Actuarial Valuation Services

Interim CFO Bill Zenoni reported the District has utilized Bartel Associates to provide actuarial consulting services since 2004. Staff is requesting a two year contract with Bartel Associates during 2016 and 2017 to include an annual review of the CalPERS Miscellaneous and Safety Retirement Plans and updated actuarial valuation of the District’s General Employee and Sworn Safety Employees Retirement Plan (formerly the Transamerica Plans) in 2017 and the Retiree Medical Benefit (OPEB) Program in 2016 and 2017 as required by the Governmental Accounting Standards Board (GASB). In addition Bartel will assist this year to implement recent GASB reporting requirements in the 2015 audited financial statements.

The contract with Bartel Associates will be for a two year period (2016 and 2017). The cost of the required actuarial services will not exceed $53,300 for 2016 and $78, 200 for 2017:

Funding Source 2016 2017 District funds $ 8,800 $ 9,100 OPEB Trust Fund 31,000 31,500 Transamerica Pension Plan 13,500 37,600 Total Not To Exceed Amount $53,300 $78,200

Committee chair Waespi asked how many members are in the Transamerica Misc. and Safety plans. AGM Debra Auker advised both plans are closed with no active employees in the Safety plan, and five active employees in the Misc. plan. The majority of District’s employees are in the CalPERS plan.

158 Recommendation: Motioned by Ayn Wieskamp and seconded by Dennis Waespi that the Finance Committee recommends to the full Board of Directors for approval of a contract with Bartel Associates, LLC to provide actuarial consulting services for the 2016 and 2017 fiscal years. Motion Approved.

Agenda Item No 1. December 31, 2015 Investment Report

Interim CFO Zenoni presented a report of the District’s investment activity. The report is in accordance with the State Law and the District’s Investment Policy. Total cash and investment as of December 31, 2015 was $307,103,472. Pooled cash managed by CFO/Controller increased approximately $39.3 million from September 30, 2014; this is expected as fourth quarter revenue exceeded expenditures. Funds managed by fiscal agents decreased, the majority of the difference was attributed to the spending of WW project funds.

Interim CFO Zenoni advised the committee members the format for the December 31st Investment Report has been updated with additional information provided to present a comprehensive overview of the District’s invested funds.

Committee member Ayn Wieskamp asked if money markets are going up for investments. Interim CFO Zenoni replied money markets remain low.

Committee chair Waespi asked if Supranaturals are included in the investment planning to take the short term investments to a longer term investment. AGM Auker advised staff will analysis options for these types of investments, adding the District depends on investment advisors to make recommendations for what is best in the market.

Committee member Diane Burgis requested information on the optimal distribution the District is targeting. Interim CFO Zenoni replied the goal is the 2-3 year range.

Recommendation: Motioned by Diane Burgis and seconded by Ayn Wieskamp that the Finance Committee recommends to the full Board of Directors for approval of the December 31, 2015 Investment Report. Motioned approved.

Agenda Item No. 2 Investment Portfolio Performance and Current Market Review – PFM Asset Management

Interim CFO Bill Zenoni reported that the District uses two investment managers, PFM and Insight Investments. Interim CFO Zenoni introduced Ms. Monique Spyke and Ms. Allison Kaune both with PFM Group, the District’s investment management firm.

159 PFM Monique Spyke initially reported on the portfolio strategy. PFM expects the economy to continue to improve, interest rates will rise and PFM will manage the portfolio duration close to the benchmark and continue to look for safety in adding to the portfolios return.

PFM Allison Kaune presentation included a review of 2015 market conditions, a forecast for 2016, which included a discussion about projected interest rate movement and impact on the market value of the District’s investment portfolio. Ms. Kaune discussed “2015 Review of Portfolio”, a PFM report which was an overview of the 2015 market, the impacts on the District’s portfolio, PFM’s approach to the District’s portfolio, and projection for 2016. As background she noted that the District’s funding investing is governed by California Gov’t Code, which restricts the District to short duration fixed income investments (bonds) and, the District’s own investment policy.

Ms. Kaune summarized the 2015 District portfolio accomplishments (related to the portion managed by PFM); 1) maintained the duration shorter to limit the risk due to rising interest rates, 2) bought yield advantage investments to increase current income, and 3) identified opportunities that added additional yield.

Committee chair Dennis Waespi requested definition of: “personal consumption expenditure”. Ms. Kaune replied the Personal Consumption Expenditure (PCE) it is similar to Consumer Price Index (CPI) as it tracks actual goods and services the consumer buys with the PCE being more comprehensive to include all of the services people pay for (i.e. medical premiums, real costs excluding food and energy that is not considered in the CPI).

Ms. Kaune continued to report on the portfolio returns. PFM strategy for the year proved to be effective. The portfolio return for the year exceeded the return of the benchmark; the total return was 1.11% compared to the market at 1.04%, and compared to the State pool.

Recommendation: None. This is an informational item only.

Agenda Item No. 6 Board Comments

November meeting has been moved to Monday, November 21, 2016 at 1:00 p.m.

Meeting adjourned at 1:45 p.m.

Respectfully submitted,

Connie Swisher Confidential Secretary, Finance

160 NEWSCLIPS Fremont: Mission Peak parking permit program stirs mixed feelings By Julian J. Ramos - Staff Writer, [email protected] POSTED: 06/09/2016 10:00:04 AM PDT | UPDATED: 4 DAYS AGO

A petition submitted by residents in the vicinity of the Stanford Avenue staging area to Mission Peak Regional Preserve to set limits on parking in their neighborhood on weekends and holidays through a temporary permit program was approved by the Fremont City Council in May. It is tentatively set to launch in October. The 43-space parking lot at the popular entrance fills up during peak use hours and parking overflows onto nearby residential streets. File photo ( James Sakane )

In September 2014, East Bay Regional Park District imposed new hours for the... ( James Sakane )

Fremont resident Tom Ewing, who hikes the trails of Mission Peak Regional Preserve about once a week, says he can sympathize with the neighborhood's residents who convinced city officials to establish a parking permit program.

"I feel bad for the people that live here," Ewing said after his hike Monday. On the other hand, Ewing also can empathize with Mission Peak visitors forced to park long distances from the trails.

When he drove up on a Saturday morning more than a year ago for his first Mission Peak hike, Ewing found a full parking lot at the Stanford Avenue entrance to the Hidden Valley and Peak161 Meadow trails and saw cars parked on nearby streets all the way down to Mission Boulevard. So he turned his car around and headed home.

Ewing said he now goes to the Stanford Avenue entrance only on early weekday mornings, when there aren't as many hikers. Still, his chances at getting one of just 43 spaces there are 50-50, he said. If he can't find one there, he parks on nearby Vineyard Avenue.

In an effort to get a handle on the parking situation, the Fremont City Council unanimously voted May 17 to ban drivers without permits from parking on public streets in the Mission Peak area between 12:01 a.m. Saturdays and 11:59 p.m. Sundays, as well as holidays. Violators could be fined $63.

Kim Beranek, Fremont's deputy director of community services, said sometime in September public notices will be posted 30 days before the permit program starts.

Permits will be required in an area encompassing 586 parcels between Mission Boulevard to the west, Antelope Drive to the north, Vineyard Avenue to the east, Stanford Avenue to the south and around Cougar Circle, Boar Circle and Lynx Drive.

Meanwhile, the East Bay Regional Park District, which operates and maintains the 3,000-acre park for the city, is considering building a new parking area with a maximum of 300 spaces.

The city last week finalized a contract with Newport Beach-based Data Ticket Inc. to issue parking permits to Mission Peak residents, Beranek said.

Administrative fees charged by Data Ticket Inc. and residents' permit fees will be covered by the park district.

The city will cover the costs of signs, poles and their installation, estimated at $18,000, as well as the annual repair and maintenance, estimated at $1,800.

Alicia Gonzales, park district management analyst, said a "rough estimate" of the costs for the initial permits issued to residents -- one per registered vehicle and two guest passes per home -- and administrative expenses is $37,000 for the first year. The annual administrative fee is expected to be about $12,000. Those costs will be covered by the park district.

The permits will be valid for the duration of the program, which expires on July 7, 2020. Additionally, residents will be able to get 72-hour guest passes online for little to no fee to be used during private weekend gatherings. 162 However, residents would have to pay $6 to $8 for new or replacement permits and $9 to $10 for later guest passes.

Gonzales said the park district is using taxpayer money to pay for Mission Peak residents' permits as part of a partnership with Fremont officials to provide a short-term resolution to the parking problems there.

"We just see this as a good example of collaboration with the city," she said.

William Yragui, co-founder of Mission Peak Conservancy, said the group opposes spending district funds to restrict access to a public park and also objects to a "wealthy community" being given free access to a public resource in the form of public parking.

Park district spokeswoman Carolyn Jones said the district would pay for the permits and other costs regardless of the wealth of people who live where the impact happens to be.

"We would be doing this if it was a poor neighborhood, rich neighborhood, middle-class neighborhood," Jones said.

The city meanwhile has identified 150 street parking spaces along Vineyard Avenue and Antelope Drive that don't require permits on weekends and holidays. Combined with the spaces at the Stanford Avenue staging area, that's almost 200 during permit hours, according to the city. Also, a new parking garage at Ohlone College has 906 spaces near the park entrance where hikers can take the Peak or Panorama trails to Mission Peak, the city said.

Mission Peak Conservancy's request to add 100 street parking spaces near the Stanford Avenue entrance during permit hours was denied by city staff.

Mission Peak Conservancy estimates between 2,000 and 2,100 street parking spaces will be blocked by the new designated parking zone, Yragui said.

"The local neighborhood opposed our efforts to add 100 more spaces out of the original 2,000 available spaces as a threat to their 'health, safety and welfare,' "

Yragui said. "Noise and litter from park visitors using public streets was mentioned in many of the comments raised by those from the local neighborhood opposing our objectives of keeping the park accessible to park visitors."

City officials have not verified Mission Peak Conservancy's count of street parking spaces in the permit area, Beranek said.

Jannet Benz, who lives in the Vintage Grove neighborhood near Mission Peak, told council members on May 17 it has been a "long and difficult road" to get

163 some relief from problems caused by the excessive number of visitors using the Stanford Avenue staging area.

"We urge you to vote to approve this program and look forward to a speedy implementation and to continue to offer our assistance as needed," she said on behalf of signers of a petition seeking the parking permit program.

Milpitas resident Ronald Corpus, who either bikes or hikes Mission Peak three times a week, said he stays away from the Stanford Avenue entrance on weekends due to crowding.

"I try to avoid it," he said Monday in the Stanford Avenue staging area parking lot.

On weekdays, he leaves Milpitas by 6:30 a.m. to hopefully find a parking space at the Stanford Avenue staging area.

164 Albany Bulb transition plan approved

By Damin Esper, Correspondent

POSTED: 06/08/2016 04:36:48 PM PDT | UPDATED: 5 DAYS AGO

ALBANY -- A plan for creating a park from what was once a dump, and for decades was the home to dozens of otherwise homeless people, was accepted by the City Council at a special meeting before its regular June 6 meeting. The final Albany Neck and Bulb Transition Study has no legal weight, however. Negotiations on transferring the land to the East Bay Regional Park District are not expected to be done for some time and money will need to be raised to fund improvements.

The study includes plans to stabilize the shoreline and prepare for potential sea level rise, remove invasive vegetation in favor of native plants and take out hazardous materials, including construction debris and other leftovers from the property's time as a dump.

Trails would be improved to allow access for people with disabilities and bicycle access would be improved. And some artwork, created by visitors and those who used to live on the property, would be preserved.

The council later approved an extension of its contract with Berkeley Food and Housing Project (BFHP) to provide outreach and services to the city's homeless population at a cost not to $106,000. BFHP was first contracted to provide services in 2013 when the city decided to evict the homeless from the Bulb.

The council also provided $25,000 for the city's housing subsidy program.

UNIVERSITY VILLAGE During the regular meeting, the council approved an extension of the construction hours on the University Village Sprouts Farmers Market/senior housing project along San Pablo Avenue. The municipal code limits construction to 8 a.m. to 6 p.m. on weekdays. A variance was granted to allow construction to run 7 a.m. to 7 p.m. on weekdays. A staff report said the primary benefit of extending the hours would be to "accelerate the completion of the project." There was some discussion about whether speeding up completion complies with the municipal code, which allows a variance when "compliance with normal practices is impractical or unreasonable." 165 The council also unanimously denied an appeal of the Planning and Zoning Commission's approval of the design review of public art as part of the University Village project. The appeal was filed by Albany resident Ed Fields and mostly concerned the timing of approvals related to the project.

There were six points in Fields' appeal. The most salient point was that the city's public art ordinance requires a "detailed art submittal" before any building permits for a project are issued. The city issued building permits before the design review of the public art being finalized. Construction began in January.

The city's Public Arts Master Plan states, "Any building permit application that does not include the Detailed Art Submittal shall be deemed incomplete and will not be processed through the plan check process."

Albany Community Development Director Jeff Bond said during the meeting, "Frankly, this particular project, we have been anxious to get it started. With respect to the retail portion of the project, we have issued what is called, and what's allowed under the California Building Code, a phased permit. It doesn't relieve the developer of any of its obligations to comply with the requirements, but it does allow us to get the project started so that the overall objectives of implementing the project can happen."

Bond noted that "this is a project that has taken eight, nine years," adding that, "We did lose a tenant in Whole Foods at an early stage in this process, we're anxious not to lose any more tenants at this stage of the process."

He said that "Overall, I think that would be a much more of concern from a public policy perspective. If we weren't satisfied with the public art, we wouldn't issue any of the subsequent permits."

166 Ambitious Hiking Goal By Garvin Thomas For the past couple of years, Wendy Wheeler and Thomas Page have been just 30 miles shy of completing their goal of hiking every mile of every trail in every East Bay park. The reason they have yet to finish? Loyalty. (Published Wednesday, June 8, 2016) The great thing about a good friend is that knowing all your quirks, they still want to spend time with you.

Thomas Page, for example, can tell you all about long-time friend Wendy Wheeler's obsessive need to highlight maps and catalog the miles of all the trails the two hiking buddies have covered together over the years.

"She's wanting to highlight things during the trails," Page said, laughing.

In Wheeler's defense, though, if she hadn't kept such good track the pair might never have realized that a pretty ambitious goal was within their reach: hiking every mile of every trail of every park in the East Bay Regional Park District.

"I don't even know who said it. It was just like, 'We should just try to do all of them,'" Page said.

"It was just something that sounded like a cool idea," Wheeler said. A cool idea that would take quite some time to complete.

167 There are more than 1,200 miles of trails in the park system but because of dead ends, out-and-backs, and spur trails, Page and Wheeler would have to hike more than 3,000 miles to cover them all.

Wheeler, from Oakland, and Page, from Hayward, spent more than a decade crossing trails and parks off their list until a couple years ago when they were just one, 30-mile hike away from completing their quest.

Two years later, though, they still haven't finished.

A leg injury on one hike led to a blood clot in Page's leg. His recovery kept him from hiking at all for many months and still has him not ready to tackle a challenging, multi- day hike like the Ohlone Wilderness, which is the one trail left on their to-do list.

Wheeler, though, could have completed the trail ten times over in the past couple of years but she refuses to hike those last miles alone.

"It's kind of our goal, not my goal. Who cares if we finish in six months or a year," Wheeler said. "I'd rather finish it with him."

Page swears, if the hiking boot were on the other foot, he would do exactly the same. "Yeah, it's gonna be together," Page said. "It has to be with her."

It is, apparently, just another great thing about a good friend

They would go to the end of the earth for you, just not the end of the journey without you.

168 City begins first phase of Rose Garden trellis restoration June 8, 2016 9:00 am by Tracey Taylor

The first phase of the reconstruction of Berkeley’s Rose Garden trellis has begun. Photo: Colleen Neff The trellis at Berkeley’s storied Rose Garden is to be rebuilt, and on Monday afternoon a small event was held to mark the ‘groundbreaking’ for Phase 1 of the Rose Garden Trellis Restoration Project.

This phase consists of the documentation and demolition of the existing trellis; the salvage of existing wood members; the reconstruction of the center portion of the trellis; pathway accessibility upgrades; and lighting and safety upgrades, according to the city, and is estimated to cost $391,620. It is being underwritten by the Measure F parks tax, the General Fund, and the East Bay Regional Parks District (Measure WW).

Read the city’s plan for the Rose Garden trellis restoration. The second phase of the restoration would be to complete the trellis reconstruction and accessibility upgrades, and is tentatively scheduled for 2018, dependent on raising the necessary funds.The Berkeley Rose Garden occupies most of the block between Eunice Street and Bayview Place, along the west side of Euclid Avenue. Construction of the garden began in 1933 with funds provided by the federal Civil Works Administration.

The Rose Garden pergola and the pathway underneath it have been closed to the public since spring 2014 due to safety concerns.

169 L to r: Charlie Bowen (Berkeley Partners for Parks), city councilwoman Susan Wengraf, Paul Kamen (Parks, Recreation & Waterfront), Sandi McCoy (Berkeley Partners for Parks), and Scott Ferris (Director of Parks, Recreation & Waterfront) break ground on the first phase of the restoration project. Photo: Colleen Neff

Rose Garden. Photo: Colleen Neff

The Rose Garden pergola and pathway underneath it have been closed to the public for many months due to safety concerns. Photo: Colleen Neff

170 Berkeley teachers, school, honored for science teaching June 6, 2016 7:00 am by Tracey Taylor

Cragmont Elementary students enjoy the East Bay Regional Parks Mobile Fish Exhibit brought to the school in recognition of its great science teaching. Photo: CRS

Community Resources for Science, a Berkeley-based education nonprofit that works with local schools “to bring hands-on into the classroom,” last week honored several Berkeley elementary school teachers, as well as an entire Berkeley school, for excellent science teaching.

The honorees this year were Bethany Laurie at Jefferson Elementary; Debra Hill at Malcolm X Elementary; Carrie Peters and Kristine Fowler, both at Berkeley Arts Magnet; Noelle Sedor at Oxford Elementary; and Suzanne Ingley at Rosa Parks Elementary. Cragmont Elementary was honored as a whole school for excellent science education.

The CRS Science Super Star Challenge, which in its fifth year, is designed to “inspire, support, and honor teachers who bring excellent science learning experiences to their students.”

171 Cragmont Elementary students enjoy the East Bay Regional Parks Mobile Fish Exhibit brought to the school in recognition of its great science teaching. Photo: CRS

On Thursday, CRS brought the East Bay Regional Parks Mobile Fish Exhibit to the Cragmont campus in recognition of its achievement. The presentation featured a 26-foot long aquarium on wheels and taught students about life cycles, adaptations and conservation.

The Cragmont teachers who completed the Science Super Star Challenge were as follow (dates show the previous years they completed it):

. Bobbye Smith . Eleanor Tiglao (2014, 2015) . Meredith Aki . Michelle Johnson . Pamela Deibel . Jill Tique-Montgomery . Cherene Fillingim-Selk (2013, 2014, 2015) . Mollie Dutton-Starbuck . Nicholas Williams . Sara Ellberg (2013, 2014, 2015) . Kellie McElhaney

“We think it’s so important to recognize teachers for the great work that they are doing for raising the next generation of thinkers,” said CRS spokesman Tyler Chuck.

172 Cragmont Elementary students enjoy the East Bay Regional Parks Mobile Fish Exhibit brought to the school in recognition of its great science teaching. Photo: CRS

Cragmont Elementary students enjoy the East Bay Regional Parks Mobile Fish Exhibit brought to the school in recognition of its great science teaching. Photo: CRS

173 Richmond: Popular trail entry will take time to repair By Rick Radin, Correspondent POSTED: 06/06/2016 10:46:20 AM PDT | UPDATED: 7 DAYS AGO

RICHMOND -- A fire trail popular as an entry point to Wildcat Canyon Regional Park will remain closed for several months while East Bay Regional Park District officials determine the best way to repair a 120-foot stretch that collapsed during rainy weather in March.

"Our maintenance department thinks that this is a very serious slide and that the land is very unstable, and they are consulting with a geotechnical firm," said park district spokeswoman Carolyn Jones.

The district will try to stabilize the land around the slide area and then rebuild the trail, Jones said.

In the meantime, hikers can access Wildcat Canyon through Tilden Regional Park or via the Wildcat Creek staging area at the eastern end of McBryde Avenue, she said. The area where the trail outage occurred is adjacent to the Villa Mira Vista condominium development on Vista Heights Road.

The homeowners' association there is concerned about possible problems with a sewer line that runs 20 feet above the slide that serves about half the homes in the development, as well as the loss of a popular hiking trail, said Anne Rogers, the president of the association's board of directors.

"If it starts to rain again, (the slide) is going to take out our sewer," Rogers said. The association held a meeting about the problem with representatives from Richmond, El Cerrito, the East Bay Municipal Utility District, Pacific Gas & Electric and the park district and submitted its own geotechnical report, but nothing has been resolved, she said.

"This area is on top of landslides, but we do have piers under the building, so we're not concerned about them at the moment," Rogers said.

174 The landslide has also blocked one access point into Wildcat Canyon for the El Cerrito Fire Department, which serves the park, according to Battalion Chief Michael Tigoni, but fire crews can also get into the park from the Tilden and McBryde entrances.

"We would only use (the fire trail) if we had to get right down into that area," Tigoni said. "It is a steep hill, very narrow and not easy access. It's not a road we use all the time."

175 East Bay's Park It: Alameda sand castle contest next weekend By Ned MacKay, Columnist POSTED: 06/05/2016 12:00:00 AM PDT

Turrets of sand will fill the strand line Saturday in Alameda during the annual Sand Castle and Sculpture Contest at Crown Beach. Always lots of fun, especially for the kids, the free event starts with registration at 9 a.m. at the bathhouse near the park entrance at Otis and Westline drives. Registrants are assigned a plot of sand on which to erect either a sculpture or a castle. Your entry must consist of sand only, with the exception of wood, rocks, shells, etc. found on the beach the day of the contest and used as decorations only. No glass or live animals, please.

Competition is by age -- there are categories for youngsters, adults and families. Judging starts at noon. Awards in the form of ribbons and trophies are presented at 1 p.m., but winners mostly just get bragging rights. There's no prize money involved.

The contest is sponsored by the East Bay Regional Park District, the Alameda Recreation and Parks Department and the Bay View Women's Club. It's almost as enjoyable just to watch the show and be impressed by the contestants' creativity. For more information, call 510-544-3187.

Berkeley: The Brazilian Room at Tilden Regional Park near Berkeley celebrates its 75th anniversary this year. If you or your family ever celebrated a special event there, the photographs could be included in a 75th anniversary display. Check out your family scrapbook, attach scanned photos to email and send to [email protected]. Write "attn. Public Affairs" in the subject line.

For the record, the Brazil Building resulted from the 1939 World's Fair, held on Treasure Island. After the fair closed, the Brazilian government donated the interior of its pavilion to the park district. The pavilion included burnished hardwood floors, plate glass mirrors and wood-paneled walls. Works Progress Administration craftsmen built the stone exterior, and the building opened to the public in 1941.

176 More at Tilden: While we're at Tilden, there's a full weekend of interesting free programs on the agenda there, all meeting at the Environmental Education Center and Little Farm.

"Advice from an Animal" is a program series from 11 to 11:30 a.m. every Saturday at the center. Meet an animal, learn about it, and color a collectible poster to take home. Your animal adviser next weekend is a spider.

E.O. Wilson, who is a scientist, naturalist and author, will celebrate his 86th birthday with an hour of nature stories and lore from 1 to 2 p.m. Saturday.

Naturalist James Wilson will lead a family nature safari starting at the center from 2:30 to 4 p.m. Saturday. The group will seek out animals under logs, on branches and in ponds.

Then from 10 a.m. to noon and again from 1 to 2 p.m. June 12, naturalist Anthony Fisher will lead a variety of traditional games played by California Indians.

Animals need food and rest too. You can help Anthony and Tilden's farmer feed the animals from 3:30 to 4 p.m. June 12. The program repeats on June 19. The center and Little Farm are at the north end of Tilden's Central Park Drive. For information, call 510-544-2233.

Richmond: James Wilson also will host a California grassland picnic from 10:30 a.m. to 1 p.m. on Saturday, June 11 at Point Pinole Regional Shoreline in Richmond. The group will explore the diversity of grassland life right underfoot, with a light snack provided. For information, call 510-544-2233.

Antioch: The early evening beauty of East Contra Costa will be on display during a sunset walk from 7:15 to 9:15 p.m. Saturday at Black Diamond Mines Regional Preserve in Antioch.

Naturalist Kevin Dixon will lead the group, which will pause to admire views of the Central Valley and to see the sun set behind Mount Diablo. The hike is for ages 10 and older. Be prepared for steep and slippery terrain. Meet Kevin at the uppermost parking lot on Somersville Road, 3 ½ miles south of Highway 4. For information, call 888-327-2757, ext. 2750.

Oakley: An evening in the park with a campfire and s'mores is on the menu from 6:30 to 8 p.m. June 12 at Big Break Regional Shoreline in Oakley. Bring a picnic dinner and join the park's interpretive staff for an evening of activities highlighting Big Break's many attractions. Big Break is located at 69 Big Break Road off Main Street in Oakley. For information, call 888-327-2757, ext. 3050. 177 $20 million effort planned to improve Contra Costa shoreline access by building bridges over train tracks

By Denis Cuff, [email protected]

POSTED: 06/01/2016 11:49:09 AM PDT | UPDATED: 11 DAYS AGO

A cyclist crosses the railroad tracks at the entrance of the Martinez Regional Shoreline in Martinez, Calif., on Wednesday, June, 1, 2016. (Doug Duran/Bay Area News Group)

Getting across railroad tracks to Contra Costa County's shoreline has been a dangerous and sometimes fatal journey for decades.

Hikers, joggers, anglers and bicyclists, however, can expect greater and safer access to shoreline trails and parks under a revamped agreement to build some $20 million or more in bridge and crossing improvements over tracks along San Francisco Bay and the Carquinez Shoreline. A conceptual agreement to improve access was reached in 1996 as a condition of federal approval of the merger of the Union Pacific and Southern Pacific railroads. But progress was slowed by haggling between railroad and regional park officials over where and how to build the projects. To get the work back on track, Union Pacific and the East Bay Regional Park District last month struck a new deal to build six major railroad crossing improvements between Martinez and Richmond. "This new agreement is a big deal to provide increased, safe public access to the Contra Costa County shoreline," said Sean Dougan, trail programs manager for the regional park district, which would build the projects. "This provides a path, a map, to get these important projects done." 178 Union Pacific will contribute a total of some $3.8 million toward the projects, leaving the park district to come with the rest of the money over several years. About $2 million of that will be used for a multimillion-dollar bridge crossing above the tracks in Pinole to the San Pablo Bay Shoreline, according to a park district report. Another $1.4 million of it would go toward a bridge over the tracks to Lone Tree Point in Rodeo, a key access point to the San Francisco Bay Trail that will encircle the bay. The railroad would provide no money toward another proposed bridge near Wildcat Creek in Richmond, but it grants the park district free aerial rights to locate the bridge above the tracks.

Other projects call for at-grade improvements, or permission to build a trail parallel to the railroad tracks.

While the park district is responsible for the lion's share of the cost for the improvements, park officials say they will seek state, federal, regional and county park and transportation grants to help pay for the projects.

Bob Doyle, the park system's general manager, said the agreement is a big step forward to improving public safety and increasing access to his agency's expanding shoreline parks and trails.

"Increasing the number of designating places for people to get over or across the tracks is a big step ahead for public safety," Doyle said.

Union Pacific spokesman Justin Jacobs said the railroad is glad to partner with the park district to "provide safe route options for pedestrians, bicyclists and the community at large to shoreline access in the East Bay."

The new agreement drops some projects in the 1996 agreement that were considered impractical or too expensive, while adding others instead.

Contact Denis Cuff at 925-943-8267. Follow him at Twitter.com/deniscuff orfacebook.com/denis.cuff. 179 El Cerrito holding dedication of refurbished Huber Park By Chris Treadway, [email protected] POSTED: 06/01/2016 01:59:45 PM PDT | UPDATED: 12 DAYS AGO

EL CERRITO -- Renovations to Huber Park have been completed and will be dedicated at a reopening celebration from 4:30 to 6 p.m. June 2. Work on the park at 7711 Terrace Drive included access improvements, refurbishing the basketball court and concrete slide, and new grills, picnic tables, a toddler play structure, and sandbox. Some minor drainage improvements were also done, according to the city.

Work was done with a portion of El Cerrito's share of funds from East Bay Regional Park District Measure WW approved in 2008.

City and regional park district officials will attend the dedication and light refreshments will be served.

For more details, contact Project Manager Melissa Tigbao at [email protected] cerrito.ca.us or call 510-215-4368.

Contact Chris Treadway at 510-262-2784 or [email protected]. Follow him at Twitter.com/christreadway. Stay up-to-date on West Contra Costa news atIBABuzz.com/westcounty.

180 MIND & BODY, RESEARCH Rush of wild nature lowers PTSD in veterans, at-risk teens By Yasmin Anwar, Media Relations | MAY 31, 2016

When Jet Garner socializes with fellow combat veterans who are studying at UC Berkeley, the conversation often turns to battlefield memories he’d rather forget.

But while whitewater rafting on the American River last summer, Garner and other members of the campus’s Cal Veterans Group were so busy having fun that the topic of their military past barely came up.

(UC Berkeley video by Stephen McNally and Roxanne Makasdjian) “It felt like we were really living in the moment,” says Garner, a veteran of two tours in Afghanistan who is majoring in political economy at UC Berkeley. “It really felt like we were moving on beyond our hang-ups.”

Garner, who has been diagnosed with post-traumatic stress disorder (PTSD), is among two dozen UC Berkeley student veterans whose psychological and physiological response to the awesomeness of big nature is being studied as part of a multi-year UC Berkeley research project.

Another group of Berkeley veterans will go rafting this summer as part of the study, thanks to the ongoing support of the Sierra Club Outdoors program — which partnered with UC Berkeley to research the benefit of their programs and outreach, and provides the guides and the rafting equipment — and GoPro, which provides the cameras.

Whitewater rafting on the American River (Photos courtesy of Craig Anderson) 181 Led by Craig Anderson, a Berkeley doctoral student in psychology, the study is focused on changes observed in war veterans and, separately, in more than 90 inner-city Bay Area middle and high school students during and after one-or two-day whitewater rafting trips along the North Fork American River near Sacramento.

Anderson launched the study in 2014 together with the Sierra Club. They are working to raise enough funding to continue it and follow up with participants over months and even years.

At least 400,000 veterans of the Iraq and Afghanistan wars have been diagnosed with PTSD. Symptoms include high stress, anxiety and depression and can lead to domestic violence, self-harm and even suicide. Similarly, PTSD has been recorded in untold numbers of residents of inner-city neighborhoods where gun violence is a common occurrence.

A prescription to get out in nature

Preliminary results of the study suggest that nature-inspired curiosity can trigger positive feelings and ease symptoms of PTSD in the most wary and withdrawn personalities.

Just one week after their rafting trips, for example, veterans reported a 30 percent decrease in PTSD symptoms. And both veterans and teens who had reported feeling a greater sense of awe during their rafting excursion later noted they got on better with friends and family.

“If doctors were able to write prescriptions for people to get out in nature, it would be one of the most cost-effective health interventions available, and would change our relationship to the outdoors,” says Anderson, a New Mexico native who has been an avid outdoorsman since his days as a Boy Scout.

Wilderness adventure boosts positive feelings and physiology.

182 Moreover, measures of stress hormones, immune function and dopamine regulators before, during and after the rafting trips, showed positive physiological changes in the study’s participants.

Researchers tested participants for pro-inflammatory cytokines, proteins that tell the immune system to work harder. They also measured levels of the stress hormone cortisol, which is thought to contribute to everything from inflammation to anxiety and memory loss.

Stress hormones can be helpful

Surprisingly, they found that higher levels of cortisol were correlated with more positive emotions after the river rafting trip.

“It’s an adaptive hormone. When we sit in front of computers being stressed out, cortisol doesn’t help us,” Anderson says. “But when we’re out in nature and we need more energy to achieve something physically demanding, cortisol goes up in a good way.”

Study participants were tracked via surveys, journals and footage from GoPro cameras attached to their helmets. Hundreds of hours of footage were coded based on facial expressions, body language and interactions.

While their emotions ranged from fear to joy, it was curiosity that most strongly aroused their desire to step outside their comfort zone and learn more about the world around them, especially for those accustomed to acting tough around their peers.

“If you’re in a rough neighborhood, it doesn’t pay to be open,” Anderson says. “You have to keep up a façade because if someone challenges you, you have to fight them. Otherwise you’re a pushover.”

So Anderson was heartened when one teenager who had initially resisted river rafting later asked him, “How could something scary feel so good?”

As for the veterans, Anderson was encouraged to see one former member of the armed forces, who had avoided swimming since his stint on a Swift Boat in Vietnam, frolicking in the water after a rafting trip.

The adrenalin rush and camaraderie of navigating the rapids while trying to stay inside the inflatable raft has left Garner feeling optimistic.

“I hope it’s something that sticks with me and helps me in the future as I recover from my experiences in the military,” he says.

The whitewater rafting study is being conducted under the auspices of UC Berkeley psychologist Dacher Keltner as part of a broader look at the psychological and physiological impact of awe. A presentation of the study is on the agenda of an all-day Art & Science of Aweconference on June 4 hosted by Berkeley’s Greater Good Science Center. 183 $12 parcel tax for wetlands has big financial backers

A marbled godwit looks for a meal in the wetlands at Alviso Marina County Park earlier this month. Measure AA is the first Bay Area-wide measure ever put on the ballot. If approved by two-thirds of voters in nine counties, the tax would raise $500 million over the next 20 years to build levees and restore thousands of acres of wetlands and tidal marshes as a buffer to storm surges and floods in every Bay Area county.Patrick Tehan — Bay Area News Group

By Paul Rogers, Bay Area News Group

POSTED: 05/28/16, 3:18 PM PDT | UPDATED: 2 WEEKS, 1 DAY AGO

When environmentalists wade into political contests, they’re almost always outspent by big business. But that’s not the case with Measure AA, a $12 annual parcel tax that will appear on the June 7 ballot in all nine Bay Area counties to fund wetlands restoration and flood control projects around San Francisco Bay’s shoreline. Environmental groups have linked arms with big business this time around, in essence becoming part of the Goliath in the David vs. Goliath contest. The coalition is overpowering anti-tax groups in fundraising by a huge margin, according to campaign spending reports released Friday. Through last week, the Yes on AA campaign had raised $2.3 million, while opponents have not formed a campaign committee and are relying on volunteer efforts. The yes campaign has hired heavyweight political consultants, conducted professional polling, sent out glossy mailers and begun airing ads on every major Bay Area TV station. If approved by two-thirds of all the voters in the nine counties combined, the new tax would raise $500 million over the next 20 years to build levees and restore thousands of acres of wetlands and tidal marshes as a buffer to storm surges and floods in every Bay Area county. “Everybody loves the bay. All of us who donated believe this is a great way for the whole Bay Area to help the bay,” said David Lewis, executive director of Oakland- based Save the Bay. Opponents say that many of the donations from big business reflect a desire to get cheap flood control to protect headquarters and facilities they chose to build on a bay that increasingly is facing rising sea level threats.

184 “It’s pretty clear to me that most of these groups have something to gain financially,” said Jack Weir, president of the Contra Costa Taxpayers Association in Walnut Creek. “Companies with campuses on or near the shoreline, if there is any flood control constructed, they certainly stand to gain from that.” Major environmental groups have put up significant resources: $540,000 from Save the Bay; $375,000 from the Nature Conservancy; $170,000 from the National Audubon Society and $100,000 from Ducks Unlimited. Longtime environmental philanthropists such as Susan Orr, a daughter of Hewlett-Packard co-founder David Packard, and Claire Perry Getty, granddaughter of oil baron Jean Paul Getty, each donated $100,000. Corporations opened their checkbooks also. Facebook, with a waterfront campus in Menlo Park, put up $100,000; PG&E, with high voltage towers perched across the bay, donated $250,000; Chevron, with a Richmond refinery along the water, put in $50,000; and San Francisco Baseball Associates LLC, the partnership that owns the San Francisco Giants and their waterfront stadium, donated $10,000. Google, with headquarters near the shoreline in Mountain View, has committed $25,000, campaign officials said. “I’m not a very cynical person, but one of the oldest adages in politics is: What’s in it for me?” said Larry Gerston, a professor emeritus of political science at San Jose State University. “This is presented as an environmental initiative, and it is. There’s no question about it, but there are other elements that allow others to place themselves in the fold.” The money would be given out in grants by the San Francisco Bay Restoration Authority, created by the state Legislature in 2008. Its seven-member board is made up of local elected officials appointed by the Association of Bay Area Governments. Three public agencies also put up money to cover the estimated $2 million cost of paying each county elections office to print ballots and other related expenses. The Santa Clara Valley Water District guaranteed up to $1.5 million, and the East Bay Regional Park District and the Sonoma County Water Authority put up $500,000 each. All three agencies stand to benefit if the measure passes because their shoreline projects to restore wetlands would be eligible for funding. If the measure fails, however, they lose the money. A poll of 1,000 registered voters done from March 28 to April 2 for the yes campaign found 77 percent in support of the measure. Opponents, who are mostly affiliated with county taxpayer organizations, have created two websites, written letters to the editor and spoken at local civic groups. They argue that there are already too many taxes and that large corporations should pay for their own flood control, rather than having every property owner, even those who live far from the bay, pay the same $12 a year. “Do we really need more fish and wildlife?” Weir asked. “It’s like taxing ourselves to make the air cleaner or water cleaner. How clean does the air need to be? How clean does the water need to be? We have the highest cost of living in the nation, so there has to be some balance.” 185 Supporters, who have endorsements from Gov. Jerry Brown, U.S. Sens. Dianne Feinstein and Barbara Boxer, along with business groups like the Bay Area Council and Silicon Valley Leadership Group, say that bringing back fish and wildlife and building wetlands to absorb and reduce sea level rise impacts benefits everyone. “There’s lots of public infrastructure at risk from sea level rise, like roads, highways, water treatment plants and airports. We all have a stake in that,” said Mike Mielke, senior vice president of the leadership group. “This is about the health and welfare of the bay and the region — and protecting that for ourselves and future generations,” he said. “A dollar a month is a drop in the bucket.”

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