APRIL 19, 2016 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH (510) 569-1417 FAX

Board of Directors Board Meeting Packet

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

DOUG SIDEN President - Ward 4 BEVERLY LANE The Regular Session of the APRIL 19, 2016 Vice President - Ward 6 Board Meeting is scheduled to commence at DENNIS WAESPI 2:00 p.m. at the EBRPD Administration Building, Treasurer - Ward 3 2950 Peralta Oaks Court, Oakland DIANE BURGIS Secretary - Ward 7 JOHN SUTTER Ward 2 Respectfully submitted, AYN WIESKAMP Ward 5 WHITNEY DOTSON Ward 1

ROBERT E. DOYLE ROBERT E. DOYLE General Manager General Manager

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

REGULAR MEETING OF APRIL 19, 2016 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 12:30 p.m. ROLL CALL (Board Conference Room) meeting at District Headquarters, 2950 Peralta Oaks Court, Oakland, CA, PUBLIC COMMENTS commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, April CLOSED SESSION 19, 2016.

Agenda for the meeting is listed adjacent. Times for agenda A. Conference with Labor Negotiator: Gov’t Code § 54957.6 items are approximate only and are subject to change during the Agency Negotiator: Robert E. Doyle, Debra Auker, meeting. If you wish to speak on Jim O’Connor, Sukari Beshears matters not on the agenda, you Employee Organizations: AFSCME Local 2428, Police Association may do so under Public Comments at the beginning of Unrepresented Employees: Managers and Confidentials the agenda. If you wish to testify on an item on the agenda, please B. Conference with Real Property Negotiator Regarding Price and/or complete a speaker’s form and Terms of Payment – Gov’t Code § 54956.8 submit it to the Clerk of the Board.

APN/ADDRESS PROPERTY OWNERS PARK/TRAIL A copy of the background Alameda County materials concerning these agenda items, including any 066-2671-001-00 City of Albany McLaughlin material that may have been Buchanan St., Albany Eastshore State submitted less than 72 hours before the meeting, is available Park for inspection on the District’s Contra Costa County website (www.ebparks.org), the Administrative Building SBE No. 0872-07-020 Union Pacific Railroad San Francisco Bay reception desk, and at the Railroad Mile Post 22.15 Company Trail meeting. Lone Tree Point, Rodeo Agendas for Board Committee SBE No. Unknown Union Pacific Railroad San Francisco Bay Meetings are available to the Railroad Mile Post 29.11 Company Trail public upon request. If you wish to be placed on the mailing list Carquinez Strait Regional to receive future agendas for a Shoreline, Port Costa specific Board Committee, SBE No. 0872-07-017G Union Pacific Railroad San Francisco Bay please call the Clerk of the Railroad Mile Post 19.62 to Company Trail Board’s Office at (510) 544- 19.93 2020. Pinole Shores to Bayfront District facilities and meetings Park, Pinole comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting. 3 APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Contra Costa County

SBE No. 0872-07-009, Union Pacific Railroad Wildcat Creek 0872-07-009B, and Company Regional 0872-07- 009D Trail Railroad Mile Post 13.77 Wildcat Creek Crossing, Richmond SBE No. Unknown Union Pacific Railroad San Francisco Bay Railroad Mile Post 17.98 to Company Trail 18.24 Adjacent to Seaview School, Pinole SBE No. 0872-07-029, Parcel 1 Union Pacific Railroad San Francisco Bay Railroad Mile Post 31.10 – Company Trail 31.38 Adjacent to Nejedly Staging Area, Martinez 408-100-025; 408-100-033 Lawrence J. and Kathleen Point Pinole Goodrick Avenue, Richmond M. O’Neill, Trustees Regional Shoreline

2:00 p.m. OPEN SESSION (Board Room)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. SPECIAL PRESENTATIONS

a. Oral History Presentation to Director Lane (Johnson) b. Presentation to “Bigges” the Litter Retrieving Dog (Johnson)

C. PUBLIC COMMENTS

2:15 p.m. D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of March 7, 2016 to March 20, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of April 5, 2016 (Barial Knight/Auker) (No Cost)

4 c. Authorization to Convey Real Property to Alameda County Flood Control and Water Conservation District – P-Line Parcel Between Ardenwood Boulevard and Paseo Padre Parkway (APN 543-0439-043- 00): Coyote Hills Regional Park (Musbach/Victor) (Resolution) (No Cost) d. Authorization to Transfer Budgeted Funds for Public Access Improvements at the Tidewater Use Area: Martin Luther King Jr. Regional Shoreline (Lim/Nisbet) (Resolution) (Measure CC/ Budgeted Funds) e. Authorization to Enter Into a Trail Segment Certification Agreement With the National Park Service for the Certification of Existing Segments of the Juan Bautista De Anza National Historic Trail (Dougan/Nisbet) (Resolution) (No Cost) f. Authorization to Designate the Big Break Regional Shoreline Trail as an Addition to the Great California Delta Trail (Dougan/Nisbet) (Resolution) (No Cost) g. Authorization to Purchase Two John Deere Tractors from John Deere Company (McCrystle/O’Connor) (Resolution) (Budgeted Funds) h. Authorization to Enter into a Sole Source Service Agreement with Advanced Helicopter Services to Complete a 3500 Hour Main Transmission Component Overhaul: Public Safety Division (B. Probets/T. Anderson) (Resolution) (Budgeted Funds) i. Approval of Sole Source Agreement for Replacement/Purchase from Airbus Helicopters of Starflex Main-Rotor Hub for the District's Helicopter: Public Safety Division (B. Probets/T. Anderson) (Resolution) (Budgeted Funds) j. Authorization to Award a Contract for Nimitz Way Hazardous Wildland Fuels Reduction to The Professional Tree Care Company and Amend the 2016 Budget: Tilden Regional Park (McCormick/T. Anderson) (Resolution) (Measure CC/ Budgeted Funds) k. Authorization to Transfer and Appropriate the Administrative Allowance from the “2006 New Year’s Storms” Federal Emergency Management Agency Projects: District Wide (Margulici/Rasmussen/Auker) (Resolution) (Revenue Authorization/Appropriation) l. Authorization to Apply to the East Bay Municipal Utility District Water Smart Garden Grant for the Demonstration Garden Project: Crown Memorial State Beach (Margulici/Stoneham/Auker) (Resolution) (No Cost) m. Authorization to Appropriate Funds and Apply for Federal Grant Funds for Replacement of Campground Restrooms at Del Valle State Recreation Area: Del Valle Regional Park (Margulici/Lim/Auker) (Resolution) (Budget Change) n. Authorization to Apply for Grant Funds from the State of California, Department of Water Resources for Water Safety Programs: District Wide (Margulici/DeQuincy/Auker) (Resolution) (No Cost)

5 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Approval of the Land Use Plan Amendment (LUPA) for the McCosker Parcel: Robert Sibley Volcanic Regional Preserve (Tong/Nisbet) (Resolution) (No Cost)

3. LEGAL DIVISION

PUBLIC HEARING

a. An Ordinance of the East Bay Regional Park District Amending Ordinance 38: Rules and Regulations (Love/T. Anderson/Victor) (Ordinance) (No Cost)

2:45 p.m. 4. BOARD AND STAFF REPORTS

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

3:00 p.m. 5. GENERAL MANAGER’S COMMENTS

3:15 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION

3:20 p.m. 7. BOARD COMMITTEE REPORTS

a. Operations Committee (1/21/16) (Sutter) b. Operations Committee (2/18/16) (Sutter) c. Executive Committee (3/04/16) (Sutter)

3:25 p.m. 8. BOARD COMMENTS

4:00 p.m. E. ADJOURNMENT

6 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of March 7, 2016 Through March 20, 2016 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of March 7, 2016 through March 20, 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.

8 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MARCH 7, 2016 THROUGH MARCH 20, 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 March 7, 2016 through March 20, 2016;

Moved by Director , seconded by Director , and adopted this 19th day of April, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

9 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of April 5, 2016 (Barial Knight/Auker)

10 The Board Meeting, which was held on April 5, 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 Diane Burgis, Secretary John Sutter Ayn Wieskamp Whitney Dotson

Directors Absent: None.

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, Dr. Ana Alvarez, Debra Auker, Carol Victor, Carol Johnson, Erich Pfuehler, Mona Koh, Aaron Roth, Rob Lim, Mimi Waluch, Anne Kassebaum, Matt Graul, Liz Musbach, Mark Ragatz, Alicia Gonzales, Alan Love, Bob Nisbet, Bill Zenoni, Larry Tong, Julie Bondurant, Ren Bates, Chris Barton, Kelly Barrington Jeff Rasmussen, Tim Anderson, Carolyn Jones, Sean Dougan, Lance Brede, Brian Holt, Michael McNally, Tiffany Margulici, Timothy Anderson Guests: None.

A. APPROVAL OF AGENDA

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

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

B. PUBLIC COMMENTS

None.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

Directors Present: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Absent: None. 11 a. Approval of District Check Listing for the Period of February 15, 2016 to March 6, 2016 Resolution No. 2016 – 04 – 070 (attached)

Approval of the Minutes for the Board Meeting of March 15, 2016

c. Authorization to Negotiate with Various Property Owners Resolution No. 2016 – 04 – 071 (attached)

d. Authorization to Execute a Consulting Services Contract with TranSystems Corporation for the Boat Launching Facility Improve- ments Project: Contra Loma Regional Park Resolution No. 2016 – 04 – 072 (attached)

e. Authorization to Enter into a Five-year Special Use Agreement to Operate Model Trains with the Golden Gate Live Steamers, Inc.: Tilden Regional Park Resolution No. 2016 – 04 – 073 (attached)

f. Authorization to Apply for Federal Grant Funds from the Outdoor Recreation Legacy Partnership Resolution No. 2016 – 04 – 074 (attached)

g. Authorization to Apply for Cal Trans Mitigation Funding for the McCosker Stream Restoration and Recreational Infrastructure Project: Sibley Volcanic Regional Preserve Resolution No. 2016 – 04 – 075 (attached)

Director Sutter commented that he was glad to see staff is moving ahead on this project which has great potential.

h. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended December 31, 2015 Resolution No. 2016 – 04 – 076 (attached)

i. Approval of Accounting Adjustments to Reflect the Disposal of Two Fixed Assets with a Book Value Over $25,000 Resolution No. 2016 – 04 – 077 (attached)

j. Resolution to Consider Measure CC Extension in 2018 Resolution No. 2016 – 04 – 0 78 (attached)

k. Resolution to Support the Nine County San Francisco Bay Restoration Authority Ballot Measure AA Resolution No. 2016 – 04 – 079 (attached)

Director Lane congratulated Director Sutter for his work on this project and suggested that work also be done on the areas adjacent to the bay. Director Sutter commented that there is support for this measure; adding that the benefit of this measure is that it will prevent damage to public property by doing restoration before a disaster. 12 l. Resolution to Support Pending State Legislation AB 1665 (Bonilla) East Bay Transportation Measures Resolution No. 2016 – 04 – 080 (attached)

m. Resolution to Support Pending State Legislation AB 1680 (Rodriguez) Drone Interference Enforcement as a Reimbursable State-Mandate Resolution No. 2016 – 04 – 081 (attached)

n. Resolution to Support Pending State Legislation AB 2249 (Cooley) Protecting Historic California State Park Trademarks Resolution No. 2016 – 04 – 082 (attached)

o. Resolution to Support Pending State Legislation AB 2444 (Garcia) California Water, Climate, and Coastal Protection and Outdoor Access For All Act of 2016 Resolution No. 2016 – 04 – 083 (attached)

Director Siden asked for clarification. GM Doyle replied this AB 2444 is intended to replace 317. The District has been directly involved in drafting this bill. GM Doyle referenced Erich Pfuehler and Doug Houston’s work on AB 2444.

p. Resolution to Support Pending State Legislation SB 807 and SB 810 (Gaines) Drones: Liability and Fire Protection Interference Resolution No. 2016 – 04 – 084 (attached)

q. Resolution to Support Pending State Legislation SB 1386 (Wolk) to Include Natural and Working Lands in Greenhouse Gas Reduction Efforts Resolution No. 2016 – 04 – 085 (attached)

2. FINANCE AND MANAGEMENT SERVICES DIVISION

By motion of Director Sutter, and seconded by Director Dotson, the Board voted unanimously to approve Item C-2-a.

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

a. Authorization to Execute Construction Contract with FOCON Inc. and Sole Source Purchase of Vault Restroom from CXT Incorporated for Trail and Staging Area Rehabilitation: Sibley/Huckleberry Botanic Regional Preserve Resolution No. 2016 – 04 – 086 (attached)

Jeff Rasmussen, Assistant Finance Officer, gave an overview of the timeline from the award of the grant in 2012 to final completion slated for 2017. Director Waespi who is in favor of this project asked if it is standard for the District to install security cameras. GM Doyle replied there is a standard throughout the District. Director Sutter asked Rasmussen to elaborate on what the rehabilitation of trails and staging area means. Rasmussen replied that trails and staging area rehabilitation includes trail repairs throughout both parks, interpretive sign replacements and the Huckleberry staging area. Sutter asked if QR codes have been considered and will the District revisit the language in the brochures. GM Doyle talked about the difficulty of connectivity in some remote areas and ways to get access. Director Burgis commented that when hiking with your phone the GPS uses a lot of your battery so it is best to have a downloadable app which only uses GPS when needed. Lane agreed to revisit wording on the brochure and on production of interpretive signs. Carol Johnson, AGM Public Affairs and Jim O’Connor, AGM Operations are working closely with Creative Design and Interpretation staff to create a cleaner protocol in writing and in print. The brochures in Interpretive are going through a complete retrofit. Johnson commented that Creative Design is finalizing a standard style guide. Lane asked if the District has a Skyline Trail brochure. AGM Johnson replied that she will look into it and report back to the Board. Burgis commented that the Interpretive signs should include all users. Rasmussen continued his presentation with a slide depicting the locations of the ADA upgraded drinking fountain, pathway, vault restroom, parking area and picnic table. GM Doyle commented that staff should inform the California Native Plant Society of this project due to the diversity of its rare plants. Rasmussen replied that staff has already made contact with CNPS. GM Doyle commented that staff should put up a notice to let park users know about the park improvements. Rasmussen replied that signs are done and will be put up. Siden and Sutter commended staff on the improvements.

3. 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.

4. GENERAL MANAGER’S COMMENTS

General Manager, Robert Doyle commented on his trip to Washington, D.C. where he was invited to attend the White House Conference on Water Conservation. He acknowledged the great work of the Operations Department and excellent work of Dania Stoneham, Recreation Areas Unit Manager, in navigating the drought. Doyle reported on the conference which covered many topics including the shift in climates. There was discussion on pre-mitigation, thinning forests and the aging infrastructure. Doyle paid respect to staff, Erich Pfuehler and Peter Umhofer, DC Legislative Consultant.

Dan McCormick, Fire Chief introduced Brad Gallup, Fire Captain. Gallup’s PowerPoint on the Fuel Management Plan, focused on the ridgelines, the fuel caused by dense stands of eucalyptus and the Diablo winds impacts. Gallup’s slides depicted eucalyptus groves from various views and their relation to the trails and people. Director Lane said that one concern is that the District has the money to do this work and what will be done about the debris after the trees are cleared. Gallup replied District staff will return to and do maintenance. Wieskamp asked what is being done about restoration of native species. Gallup answered the trees are thinned out so the natives can receive more light to grow. Wieskamp suggested the District photograph this area so people can understand that the District is not just cutting down trees, but bringing back native species. Sutter asked how areas are selected for initial treatment. Gallup explained the ideal way is to look at the fire hazard and what is being protected. Lately there are FEMA grant commitments that are funded so the District does the work. The fuels plan has identified 3000 acres of high priority areas. GM Doyle added that general fund money is at the Board’s discretion, yet grants are specific to an area and have a deadline. Sutter asked if the District is planting, and how will the District prevent areas that cleared from becoming overgrown with broom. Gallup answered that staff has planted in some cases, however native growth is encouraged while nonnatives are treated, favoring natural retention. GM Doyle stated that it is important to recognize the role of Stewardship in working with the Sierra Club and the National Park Service, and the effort to not disturb the land. Sutter asked about the impact of not spending FEMA money. Carol Victor, District Counsel said there is no court order precluding doing work in the FEMA areas however there is a lot of ground work required by the biological opinion. Sutter expressed that this is an14 important project and complimented staff. 5. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Carol Victor had 3 announcements.

Item B1(a) and (b) The Board authorized settlement by a vote of 7 – 0 of Golden Gate Landholdings v. EBRPD and EBRPD v. Golden Gate Landholdings whereby Golden Gate Landholdings has agreed to donate an easement for the Bay Trail to EBRPD between Gilman and Buchanan Streets and the parties have agreed to go to fact-finding mediation on the value of the 2.88 acre Albany Beach acquisition.

Item B - 2a – By a vote of 7 – 0, the Board denied the claim of Dawn Deardorf. Item B - 2b – By a vote of 7 – 0, the Board denied the claim of Mark Lindquist

6. BOARD COMMITTEE REPORTS

a. Finance Committee (1/27/16) (Waespi)

Director Waespi report mentioned the highlights of 2015 and they were the formation of Community Facility Districts, the Affordable Care Act, Financial Plan Audit memo, and the Internal Audit, as well as review of the Districts investment policy.

7. BOARD COMMENTS

Director Siden reported on meetings attended. Director Siden • Attended the Regional Park Foundation meeting; • Attended the East Bay EDA Legislative reception; • Attended Eva Lowe’s retirement; • Had lunch with Dr. Alvarez; • Held an appreciation breakfast for the Hayward Shoreline staff; • Attended the Operations committee meeting; • Attended the Legislative committee meeting; • Attended the Board workshop; • Attending the California Trails and Greenways Conference; • Mentioned Districts 80th upcoming anniversary.

Director Lane reported on meetings attended. Director Lane • Attended Assemblywoman Catharine Baker meeting; • Attended Concord Hills Regional Park public meeting; • Attended the PAC meeting; • Attended the Bay Nature SF event; • Attended the Board workshop; • Attended Sycamore Valley Open Space and the adjacent park; • Attending the Cultural and Natural Resources committee meeting; • Experienced the Iron Horse Trail.

Director Sutter reported on meetings attended. Director Sutter • Attended the Legislative Committee meeting; • Attended the Operations Committee meeting; • Attended the Board workshop; • Attended a number of Bay Trail meetings in Oakland; • Attended Subcommittee of Measure DD coalition meeting. 15 Director Waespi reported on meetings attended. Director Waespi • Attended the Board workshop; • Attended the Richmond Liaison Committee meeting; • Attended the Bay Nature SF event; • Attended Eva Lowe’s retirement; • Attended the Finance Committee meeting; • Attended the Alameda County Special District meeting; • Met with Hayward Shoreline staff; • Attended the EB-EDA Legislative Committee meeting; • Congratulated Barret Lindsey and Stacey Kenney, Public Safety.

Director Burgis reported on meetings attended. Director Burgis • Attended the Board workshop; • Announced that Marsh Creek was on Open Roads program; • Was inducted into the Contra Costa Women’s Hall of Fame for protecting the environment; • Attended EB-EDA awards; • Attended Congressman Mike Thomas’s fundraiser.

Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Board workshop; • Attended the LARPD event to honor volunteers and committees; • Attended Assemblymembers Baker and Glazier meeting; • Attended Marlin Pounds celebration of Life, LARPD; • Attended Finance Committee meeting; • Attended Pleasanton Chamber of Commerce awards; • Attended the State of the City, Fremont address; • Toured Round Valley with Chris Lyle; • Attended Alameda County Special District meeting; • Attended the Ecology meeting; • Going to Pleasanton Ridge; • Going to Mission Peak.

Director Dotson reported on meetings attended. Director Dotson • Attended the Richmond Liaison committee meeting; • Attended the Rosie the Riveter presentation; • Attended the El Cerrito Oversight meeting; • Attended the Board workshop; • Walked Dotson Marsh.

D. Workshop to Review District Priorities Discussed During Capitol Hill Meetings

Erich Pfuehler, Government Affairs Manager and General Manager Doyle met with the Board to discuss District priorities for their upcoming Capitol Hill meetings.

E. ADJOURNMENT

The meeting was adjourned at 5:15 pm by Board President Doug Siden.

Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board 16 17 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Authorization to Convey Real Property to Alameda County Flood Control and Water Conservation District – P-Line Parcel Between Ardenwood Boulevard and Paseo Padre Parkway (APN 543-0439-043- 00): Coyote Hills Regional Park (Musbach/Victor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the conveyance of an approximately eleven (11±) acre P-Line parcel between Ardenwood Boulevard and Paseo Padre Parkway to Alameda County Flood Control and Water Conservation District (ACFCD). The real property conveyance will allow ACFCD to improve the P-line drainage channel in this location.

REVENUE/COST

There are no direct costs associated with the grant deed conveyance other than staff time which is to be funded by the Land Acquisition Department 2016 general fund budget.

BACKGROUND

This section of the flood control channel known as the “P-line” was constructed by Kaiser Development Company in the mid-1980s as part of a development plan approved by the City of Fremont. After the P-line channel was constructed for flood control and mitigation purposes, the Park District took title to the parcel. The Park District was to retain a license to operate a recreational trail and convey title to the channel to ACFCD. For unknown reasons, the Park District and ACFCD never completed the contemplated transfer of the P-line channel.

In or around 2011, ACFCD, the City of Fremont, the County of Alameda, the Patterson ownership and the Park District were sued by Hampton Place Homeowner’s Association (HOA) subdivision. The HOA’s lawsuit alleged that lack of maintenance of the P-line contributed to property and related damages within the HOA subdivision. As part of a global settlement of this litigation, ACFCD agreed to take title to all segments of the P-line from the City of Fremont, the Park District and the Patterson ownership. ACFCD agreed to improve,

18 restore and widen the functionality of the P-line. The Park District also agreed to provide additional acreage along the P-line on the Patterson donation property to allow widening of the channel to accommodate a 100 year storm event. In addition, as part of regulatory mitigation requirements, ACFCD will construct a wetland mitigation project on a portion of the donated Patterson Property. The Board approved entry of the settlement agreement by Resolution No. 2014-07-192.

This Board action will convey the P-line segment between Ardenwood Boulevard and Paseo Padre Parkway only. After the conclusion of ACFCD’s restoration and improvement of this segment of the P-line, ACFCD has agreed to provide a license to the Park District for a multi- use trail along the flood control channel.

The conveyance of the Patterson reach of the P-line will occur by separate Board action after the Park District and ACFCD staffs resolve outstanding title issues.

ALTERNATIVES

This conveyance implements the terms of the parties’ Settlement Agreement. No alternative is recommended.

19 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

AUTHORIZATION TO CONVEY REAL PROPERTY TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT – P-LINE PARCEL BETWEEN ARDENWOOD BOULEVARD AND PASEO PADRE PARKWAY (APN 543-0439-043-00: COYOTE HILLS REGIONAL PARK

WHEREAS, by Resolution No. 1984-12-338, adopted December 18, 1984, the Board of Directors approved an amendment to the December 6, 1983 license agreement with Alameda County Flood Control and Water Conservation District (“ACFCD”), and a mitigation agreement with neighboring property owner Kaiser Development Company. Through the mitigation agreement with Kaiser Development Company, the East Bay Regional Park District (“Park District”) received approximately eleven acres of the P-line channel to the east of Paseo Padre. As part of the license agreement amendment, dated October 14, 1986, the Park District was to convey the property to ACFCD. This conveyance was never completed; and

WHEREAS, the P-line adjoins the Hampton Place Homeowner’s Association (HOA) subdivision. On September 12, 2011, the HOA filed a lawsuit against the Park District, other public entities, and private property owners asserting that flooding due to the lack of maintenance of the P-line contributed to property and related damages within the HOA subdivision; and

WHEREAS, by Resolution No. 2014-07-192, adopted July 1, 2014, the Park District Board of Directors approved a global settlement with all parties whereby ACFCD agreed to take title to all of the P-line parcels; and

WHEREAS, in exchange, ACFCD will assume all liability and maintenance responsibility for the P-line flood control channel. After the conclusion of ACFCD’s restoration and improvement of the P-line, it has agreed to provide a license to the Park District for a multi-use trail for the segment between Ardenwood Boulevard and Paseo Padre Parkway; and

WHEREAS, as part of the settlement, the Park District also agreed to provide additional acreage along the P-line on the Patterson donation property to allow widening of the channel to accommodate a 100 year storm event. In addition, as part of regulatory mitigation requirements, ACFCD will construct a wetland mitigation project on the donated Patterson Property. The conveyance along the Patterson-reach of the P-line will occur by separate Board action.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to execute a grant deed for the conveyance of an approximately eleven (11±) acre P-Line parcel between Ardenwood Boulevard and Paseo Padre Parkway to Alameda County Flood Control and Water Conservation District;

20 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 19th day of April 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

21 East Bay COYOTE HILLS Hampton Settlement Agreement Vicinity Regional Park District Real Property Conveyance to Alameda County Flood Control REGIONAL PARK 0 500 1,000 Feet and Water Conservation District 1 inch [

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d o a o P d o e B s l a v P d COYOTE HILLS ARDENWOOD REGIONAL PARK

HAMPTON PLACE SUBDIVISION ail Tr od wo rden to A ills e H yot Co L NE AN CH 11 acre P-Line Parcel

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|ÿ84 O:\GIS\Land\Projects\BoardMaps\CH_HamptonSettlement\CH_HamptonSettlement_vicinity.mxd Date: 4/8/2016 2 22 Page Left Blank Intentionally

23 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Transfer Budgeted Funds for Public Access Improvements at the Tidewater Use Area: Martin Luther King Jr. Regional Shoreline (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorizes the transfer of funds in the amount of $233,967 to a new project, Project #154300, for public access improvements to the “Flexi-Van” parcel, at the Tidewater use area at Martin Luther King Jr. Regional Shoreline.

REVENUE/COST

This action will transfer remaining budgeted Measure CC funds from Tidewater Phase 2A, Project #126401(Measure CC line #37), which was completed in May 2015, to a new project at the Tidewater use area. It is estimated that additional funds will be necessary to complete the project and these additional funds will be requested at a later date.

SOURCE OF FUNDS Tidewater Phase 2A (Project #126401) $5,880,689 Encumbrances and Expenditures to Date (5,646,722) $ 233,967

TRANSFER OF FUNDS From: Tidewater Phase 2A (#126401) <$233,967> To: Improve Public Access-Tidewater Area (#154300) 233,967

BACKGROUND

The Tidewater area of Martin Luther King Jr. Regional Shoreline has been undergoing a phased process of development which is slowly providing increased public access to this somewhat isolated area. Development efforts completed to date in the Tidewater area include shoreline protection, a segment of the Bay Trail, trail landscaping, staging area with restroom, and turf

24 and picnic facilities. The last phase completed was the Tidewater Phase 2A project which consisted of the aquatic center building complex and floating dock system.

The District has been leasing approximately 8.8 acres of land to the south of the aquatic center facilities since 1980. On January 12, 2016, the board authorized termination of that lease effective December 31, 2016 so that park improvements could be implemented on the property in accordance with the Martin Luther King Jr. Regional Shoreline Land Use Plan.

Additionally, staff is continuing to work on studying the feasibility of extending the Bay Trail northerly of the aquatic center. This next phase of work will include picnic areas, managed meadows, and tree planting to provide screening.

ALTERNATIVES

No alternatives are recommended.

25 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 –

April 19, 2016

AUTHORIZATION TO TRANSFER BUDGETED FUNDS FOR PUBLIC ACCESS IMPROVEMENTS AT THE TIDEWATER USE AREA: MARTIN LUTHER KING JR. REGIONAL SHORELINE

WHEREAS, the East Bay Regional Park District (District) previously completed work on Project #126401, “Tidewater Phase 2A,” which consisted of an aquatic center building complex and floating dock system work; and

WHEREAS, the District has funds remaining and available in Project #126401 for public access improvements at the Tidewater use area (Flexi-Van parcel) at Martin Luther King Jr. Regional Shoreline, in Oakland; and

WHEREAS, a separate project, Project #154300, has been established for the public access improvements at the Tidewater use area;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer of $233,967, which is the remaining amount of budgeted Measure CC funds (line 37) from the completed Tidewater Phase 2A project (#126401), to a new capital project, Improve Public Access at the Tidewater Use Area, Martin Luther King Jr. Shoreline (#154300); and

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

Moved by Director , seconded by Director and approved this 19th day of April, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

26 27 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Enter Into a Trail Segment Certification Agreement with the National Park Service for the Certification of Existing Segments of the Juan Bautista De Anza National Historic Trail (Dougan/Nisbet)

RECOMMENDATION

The General Manager and the Board Executive Committee recommends that the Board of Directors authorize entering into a Trail Segment Certification Agreement between the National Park Service and the East Bay Regional Park District for formal certification of approximately 80 miles of existing segments of the Juan Bautista De Anza National Historic Trail within the East Bay Regional Park District.

REVENUE/COST

There is no direct cost to the District. District staff will receive and install necessary signage, logos and trail discs for existing sections of the trail where needed and on new segments of trail as they are developed.

BACKGROUND

A long-term goal of the Juan Bautista de Anza National Historic Trail is the designation of a continuous non-motorized recreational trail to complement the trail's 1,200-mile historic corridor between Nogales, Arizona and the San Francisco Bay Area. The National Park Service will reach this goal through Trail Certification -- designating pre-existing and new trails as official components of the Anza Trail -- until a continuous recreation experience has been stitched together roughly following the historic corridor.

Trail Certification is a partnership that helps non-Federal land owners protect and preserve their historic trail properties, and share them with others. The process of certification is a collaborative effort between the District and the National Park Service administrative staff to recognize high quality trail segments and sites that contribute resources, potential recreational use, historic quality that can be interpreted, and/or opportunities to vicariously share the experience of the Expedition.

28 The District will retain all legal rights to the property, and nothing in the certification agreement is to be construed as granting legal authority to the National Park Service over the property or any action by the District.

Certification brings many benefits to trail partners, including: technical assistance, site protection and site development guidance, project funding and assistance, and recognition through logos and signage.

ALTERNATIVES

No alternatives are recommended.

29 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

APRIL 19, 2016

AUTHORIZATION TO ENTER INTO A TRAIL SEGMENT CERTIFICATION AGREEMENT WITH THE NATIONAL PARK SERVICE FOR THE CERTIFICATION OF EXISTING SEGMENTS OF THE JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL

WHEREAS, the Juan Bautista De Anza National Historic Trail is a 1,200-mile historic corridor between Nogales, Arizona, and the San Francisco Bay Area; and

WHEREAS, the District’s 2013 Master Plan identifies a 163 mile loop through Fremont up towards Richmond, east along the shoreline to Oakley, then south through Livermore that parallels the historic route and provides several viewpoints which overlook the historic route and landmarks noted by the expedition diarists; and

WHEREAS, the 163 mile loop within the East Bay Regional Park District meets the national historic trail criteria established by the National Trails System Act and any supplemental criteria prescribed by the Secretary of the Interior; and

WHEREAS, the District has worked with the National Park Service to install 14 interpretive wayside panels, mark and sign the majority of the trail segments as Anza Trail, provided walks and talks, and created an Anza Expedition/EBRPD brochure; and

WHEREAS, through the Trail Segment Certification Agreement, the District and National Park Service will agree to work jointly on planning, interpretation, resource management and other matters that relate to the Juan Bautista de Anza National Historic Trail along the recreation trail to strive to meet the goals and objectives of the Comprehensive Management and Use Plan for the Trail; and

WHEREAS, the Board Executive Committee moved to favorably consider this action on March 4, 2016 and the Park Advisory Committee moved to favorably consider this action on March 28, 2016; and

WHEREAS, the District will retain all legal rights to the property, and nothing in the certification agreement is to be construed as granting legal authority to the National Park Service over the property or any action by the District;

NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes and directs the General Manager to enter into a Trail Segment Certification Agreement with the National Park Service for the Juan Bautista De Anza National Historic Trail; and

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

Moved by Director , and seconded by Director and adopted this 19th day of April, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

31 J ua n B autista de A nz a N at i o na l H is t o r i c T r a i l

Historic Alignment

The Anza Expedition of 1775-76 brought the first colonists to California and founded the San Francisco Presidio and Mission Dolores. In the spring of 1776, Lt. Colonel Juan Bautista de Anza, Father Pedro Font, Lt. Jose Moraga and 17 others explored the NTY OU TA C COS NTY TRA COU ON DA San Francisco East Bay, looking for possible C AME AL land routes to the north and south.

Two hundred years later, Concord trail advocate George Cardinet organized a S a n re-enactment of the Anza Expedition from F r Mexico to the Bay Area and worked to a n c i create the Anza National Historic Trail. s c o B a y This map shows the alignment of the Anza National Historic Trail in the East Bay, adopted by the National Park Service and the East Bay Regional Park District.

East Bay 8 Regional Park District

Miles 00.75 1.5 3 4.5 6 Map Date 4/2016

t:\bstone\mxd projects\trails\deanzanht\2010-DeAnzaExhibit-MasterPlan.mxd

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33 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Designate the Big Break Regional Shoreline Trail as an Addition to the Great California Delta Trail (Dougan/Nisbet)

RECOMMENDATION

The General Manager and the Board Executive Committee recommends that the Board of Directors authorize the designation of the 3-mile Big Break Regional Shoreline Trail from the Big Break Visitor Center to the intersection with Marsh Creek Trail as the Great California Delta Trail.

REVENUE/COST

There is no direct cost to the District. District staff will receive and install necessary signage, logos and trail discs in coordination with the District’s Operations Division along the trail where necessary.

BACKGROUND

The Great California Delta Trail, approved by the California Legislature in 2006, was created to be a continuous regional recreational corridor through the Delta linking the San Francisco Bay Trail system to the Sacramento River trails in Yolo and Sacramento counties. On January 21, 2016, the Delta Protection Commission (DPC) formally approved the proposal to designate the Big Break Regional Shoreline Trail as an addition to the Great California Delta Trail.

The Big Break Regional Shoreline Trail is an approximately 3-mile long multi-use trail that runs from the Big Break Visitor Center to the intersection with Marsh Creak Trail. If this action is approved, the DPC inclusion of the Big Break Regional Shoreline Trail will be the first existing segment in Contra Costa County adopted as part of the Great California Delta Trail.

With full Board approval, the District will add CA Delta Trail signage and logos provided by the Delta Protection Commission along this trail segment in coordination with the District’s Operations Division.

34 ALTERNATIVES

No alternatives are recommended.

35 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

APRIL 19, 2016

AUTHORIZATION TO DESIGNATE THE BIG BREAK REGIONAL SHORELINE TRAIL AS AN ADDITION TO THE GREAT CALIFORNIA DELTA TRAIL

WHEREAS, In 2006, Senate Bill 1556 (Torlakson) mandated that the Delta Protection Commission adopt a plan and implementation program for a continuous recreational corridor trail network linking the San Francisco Bay Trail system to the planned Sacramento River trails in Yolo and Sacramento Counties; and

WHEREAS, the District’s 2013 Master Plan identifies a proposed 23 mile alignment of the Great California Delta Trail from the Benicia Bridge to the Antioch Bridge; and

WHEREAS, on January 21, 2016, the Delta Protection Commission (DPC) formally approved the proposal to designate the 3-mile Big Break Regional Shoreline Trail as an addition to the Great California Delta Trail; and

WHEREAS, the Board Executive Committee moved to favorably consider this action on March 4, 2016 and the Park Advisory Committee moved to favorably consider this action on March 28, 2016; and

WHEREAS, the DPC will provide necessary signage, logos and trail discs to be installed along the trail where needed and in coordination with the District’s Operations Division; and

WHEREAS, the District will retain all legal rights to the property, and this designation is not to be construed as granting legal authority to the DPC over the property or any action by the District;

NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes and directs the General Manager to authorize the designation of the Big Break Regional Shoreline Trail from the Big Break Visitor Center to the intersection with Marsh Creek Trail as the Great California Delta Trail; and

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

36 Moved by Director , and seconded by Director and adopted this 19th day of April, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

37 BIG BREAK REGIONAL SHORELINE TRAIL Great California Delta Trail Designation . Trails Development Program 19 April 2016 t:/bstone/.mxd projects/trails/otherregtrails/ 0 1,000 2,000 4,000 bb_CaDeltaTrailDesignation.mxd Feet

Big Break Regional Shoreline

STON EGATE C IR

RUTH ERFO RD LN

SOU VERA IN CT PIPER PIPER LN

BYNU M WAY

DOMAIN E CT

BYNU C M T

Proposed Great CA Delta Trail Designation

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39 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Purchase Two John Deere Tractors from John Deere Company (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of two John Deere tractors from John Deere Company of Cary, North Carolina, at a total cost of $155,778.

REVENUE/COST

For the purpose of purchasing replacement and additional fleet equipment, funds have been allocated in the District’s 2016 Budget, Major Equipment Replacement Fund, Quarry Lakes 554- 5141-242-7505 (Rolling Stock >$25,000) and General Fund Account, Sibley/Claremont 101- 5121-134-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE, Account 554-5141-242-7505: Base Price $ 69,178 Sales Tax 5,880 Sub-total $ 75,058

PROPOSED ENCUMBRANCE, Account 101-5121-134-7505: Base Price $ 74,396 Sales Tax 6,324 Sub-total $ 80,720

TOTAL ENCUMBRANCE $ 155,778

BACKGROUND

One new tractor, a John Deere model 5085M, is a replacement for District tractor #646 at Quarry Lakes which has already been retired due to extensive damage. Age and high usage hours were also considerations for not repairing tractor #646.

40 One new tractor, a John Deere model 5085M with attached flail mower, is an addition to the fleet at Sibley/Claremont Park as approved through the 2016 Budget Request process.

These two new tractors are available for purchase directly from John Deere Company by means of the National Joint Powers Alliance, Contract #NJPA 021815-DAC. Contract pricing is the result of a competitive bid process and open to all federal, state and local governmental entities. Public agencies electing to use this method of equipment acquisition avoid the administrative costs of seeking formal bids.

QUARRY LAKES 646 2001 Tractor Ford NH 545D 4wd

ALTERNATIVES

For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended.

41 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 04 -

April 19, 2016

AUTHORIZATION TO PURCHASE TWO JOHN DEERE TRACTORS FROM JOHN DEERE COMPANY

WHEREAS, the District has included funding in its 2016 Budget for the purchase of new fleet equipment; and

WHEREAS, the John Deere Company of Cary, North Carolina, is a recognized vendor offering suitable equipment based on the results of competitive pricing through the National Joint Powers Alliance, Contract #NJPA 021815-DAC;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of two John Deere tractors at a total cost of $155,778, with said sum to be encumbered from the 2016 Budget, $75,058 from Account 554-5141-242-7505 (Rolling Stock >$25,000) and $80,720 from Account 101-5121- 134-7505 (Rolling Stock >$25,000); 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 19th day of April, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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43 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Enter into a Sole Source Service Agreement with Advanced Helicopter Services to Complete a 3500 Hour Main Transmission Component Overhaul: Public Safety Division (B. Probets/T. Anderson)

RECOMMENDATION

The General Manager recommends the Board of Directors authorize a sole source service agreement with Advanced Helicopter Services Inc., to complete the 3500 hour main transmission component overhaul in the amount of $26,639, with a 25% contingency for unanticipated repair costs, for a total of $33,299.

REVENUE/COST

The 2016 Approved Budget contains budgeted funds for this purpose.

SOURCE OF FUNDS Account 101-8230-000-6414 $259,930 Expenditures and Encumbrances to Date $ 93,165 Remaining $166,765

USE OF FUNDS Advanced Helicopter Services Inc. $ 26,639 25% Contingency $ 6,660 Total Cost and Contingency $ 33,299

BACKGROUND

East Bay Regional Park District owns and operates two helicopters (Eagle 6 and Eagle 7) manufactured by Airbus Helicopters Inc. The manufacturer authorizes appropriately qualified third party vendors to repair and maintain Airbus aircraft to factory standards. Both the Federal Aviation Administration (FAA) and Airbus Helicopters require our make and model aircraft to undergo regular inspections including a main transmission component overhaul at 3500 hours of

44 Time-In-Service (TIS). Eagle 6 will reach this requirement in May 2016. This inspection involves removal of the main transmission gearbox from the aircraft, disassembly and a detailed inspection and reconditioning of internal transmission components by Airbus approved third party transmission overhaul specialists.

Although most routine and intermediate level inspections of District aircraft are normally conducted by our in-house Aircraft Maintenance Specialist at substantial cost savings, the position remains vacant making this option unavailable.

Staff recommends using Advanced Helicopter Services as a sole, single source vendor on the basis of the following:

1. Advanced Helicopter Services is a FAA Part 145 Repair Station and maintains the highest standards of workmanship and is committed to customer satisfaction and safety. Experienced FAA licensed and Factory trained technicians provide complete factory authorized installation and repair services.

2. Advanced Helicopter Services has satisfactorily completed inspection and repairs on District aircraft in the past and has considerable experience and knowledge of our individual technical and operational requirements.

3. Advanced Helicopter Services will provide for a cost effective and expeditious inspection avoiding extended aircraft unavailability during the Summer Focus and historically function in coordination with the District’s Aircraft Maintenance Specialist.

District Counsel has reviewed and approved the sole source designation for this purchase. Staff is requesting Board approval of this agreement, as it exceeds $25,000.

ALTERNATIVES

The Board of Directors could elect to choose an alternative factory approved vendor or one outside the local area which would result in increased coordination and transportation costs to the District and potential utilization of vendors with limited or no proven track record with District aircraft.

The Board of Directors could choose to complete the removal and shipping in-house, placing the aircraft out of service for an indefinite period of time due to the current Aircraft Maintenance Specialist vacancy.

The Board of Directors could choose not to approve the agreements and to not have the inspection and overhaul completed. However, because FAA and Airbus Helicopters require the 3500 hour transmission overhaul to ensure the airworthiness of the aircraft; this would result in the withdrawal of Eagle 6 from service.

These alternatives are not recommended.

45 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 –

April 19, 2016

AUTHORIZATION TO ENTER INTO A SOLE SOURCE SERVICE AGREEMENT WITH ADVANCED HELICOPTER SERVICES TO COMPLETE A 3500 HOUR MAIN TRANSMISSION COMPONENT OVERHAUL: PUBLIC SAFETY DIVISION

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 main transmission component inspection and overhaul at 3500 hours of service; and

WHEREAS, Advanced Helicopter Services Inc. as a factory approved service center is best suited to provide this sole source maintenance service for cost efficiency and established quality of work on District helicopters; and

WHEREAS, the dynamic main transmission components of Eagle 6 are life limited and require overhaul at 3500 hours to ensure the helicopters’ continued airworthiness and availability for District needs; and

WHEREAS, District Counsel has reviewed and approved this sole source designation;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes entering into a sole source service agreement for the 3500 hour main transmission component inspection and overhaul at a cost of $26,639 and a 25% contingency for an amount not to exceed $33,299 with Advanced Helicopter Services Inc.; and

Moved by Director , seconded by Director , and adopted this 19th day of April 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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47 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Approval of Sole Source Agreement for Replacement/Purchase from Airbus Helicopters of Starflex Main-Rotor Hub for the District's Helicopter: Public Safety Division (B. Probets/T. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the sole source purchase of a Starflex main-rotor hub from Airbus Helicopters (formerly American Eurocopter LLC.) in the amount of $47,177 including applicable sales tax and delivery.

REVENUE/COST

The 2016 Approved Budget contains budgeted funds for this purpose.

SOURCE OF FUNDS Account 101-8230-000-5311 $120,500 Expenditures and Encumbrances to Date 30,250 Funds Available $ 90,250

USE OF FUNDS Starflex Main Rotor Hub and Tail Rotor Assembly $ 47,177

BACKGROUND

Airbus Helicopters manufactures and sells the aircraft currently owned and operated by the District, as well as manufacturing specialized parts and components to support the airworthiness of the aircraft. Both the Federal Aviation Administration (FAA) and Airbus Helicopters require our make and model helicopter to undergo mandatory regular inspections including the replacement of dynamic components such as the Starflex main-rotor hub at established life limits to ensure continuing airworthiness. The replacement life for the Starflex assembly is limited to 2400 hours of time-in-service (TIS) and based upon the current utilization of Eagle 6 will be due for replacement in May 2016.

48 Airbus Helicopters is recommended as the sole source supplier for these particular time/life limited parts on the basis of the following:

1. Airbus Helicopters is the original and sole factory provider of this part, and;

2. Airbus Helicopters provides a discount for pre-scheduled purchases. The Starflex assembly currently installed on Eagle 6 is nearing its Time in Service (TIS) limit and will require replacement to maintain airworthiness.

District Counsel has reviewed and approved the sole source designation for this purchase. Staff is requesting Board approval of this purchase as it exceeds $25,000.

ALTERNATIVE

Staff could attempt to locate used aircraft components with TIS remaining. However, this alternative is not recommended due to the uncertainty of locating available airworthy parts and the increased long term maintenance and installation costs.

49 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

APPROVAL OF SOLE SOURCE AGREEMENT WITH AIRBUS HELICOPTERS FOR REPLACEMENT/PURCHASE OF ONE STARFLEX MAIN-ROTOR HUB FOR THE DISTRICT'S HELICOPTER

WHEREAS, the Starflex main-rotor hub for the District’s Airbus helicopters is a “Time in Service Limited” item which must be replaced at the end of its authorized life cycle; and

WHEREAS, purchase of the Starflex main-rotor hub for the District's AS350B2 helicopter ensures its continued availability for District needs; and

WHEREAS, funds are available for the purchase of the Starflex main-rotor hub in Account No. 101-8230-000-5311; and

WHEREAS, District Counsel has reviewed and approved this sole source designation;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the sole source purchase of a Starflex main rotor hub from Airbus Helicopters in the amount of $47,177, including applicable sales tax and delivery; 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 do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

Moved by Director , seconded by Director, , and approved this 19th day of April 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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51 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Award a Contract for Nimitz Way Hazardous Wildland Fuels Reduction to The Professional Tree Care Company and Amend the 2016 Budget: Tilden Regional Park (McCormick/T. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the award of the contract to The Professional Tree Care Company in the amount of $199,000 and up to 20% contingency to perform eucalyptus tree thinning, surface fuel reduction, and stump re-sprout prevention treatment on 17 acres along Nimitz Way in Tilden Regional Park and transfer of budgeted Measure CC funds.

REVENUE/COST

This action will authorize the transfer of existing Measure CC funds (line 19) from one project to another.

SOURCE OF FUNDS Transfer and Appropriate: Transfer from Fuels Management, Wildcat (541700) $149,750 Fuel Break, District Wide (515700) $147,900 Expended/Encumbered to Date ($58,850) TOTAL AVAILABLE $238,800

USE OF FUNDS Contract to Professional Tree Care $199,000 Contingency (20%) $39,800 TOTAL $238,800

BACKGROUND

Voter approval of Measure CC in 2004 provided the District with funding to create the Wildfire Hazard Reduction and Resource Management Plan (Plan), adopted by the District’s Board of Directors in 2010, and to continue fuels management activities in the East Bay Hills accordingly.

52 Two key management goals in the Plan are 1) to reduce fire hazards on District-owned lands, and 2) maintain and enhance ecological values consistent with the fire hazard reduction goals.

In 2012, the Diablo Fire Safe Council submitted an application through the California Fire Safe Council to the Western States Wildland Urban Interface Program (WUI). Through the WUI program, Congress is providing funding assistance to specific states through the USDA Forest Service State and Private Forestry programs. The focus of this funding is mitigating risk in Wildland Urban Interface areas. The program focuses on hazard fuel reduction, information and education, and community and homeowner action. After discussion with District staff and through an assessment of their own goals for the project the Diablo Fire Safe Council submitted a grant application which provides $147,000 to the District for fuels management.

District staff prepared a fuels management prescription for Recommended Treatment Area TI001 in Tilden Park, according to the goals described above. Fuels management objectives include: reducing fuel volume/ladder fuels and intensity of wildland fires, thinning the eucalyptus and pine stands to lower the potential for crown fires, and helping to minimize regeneration of eucalyptus by removing seedlings and sprouts.

Fire Department staff prepared a Request for Proposal (RFP) that described the specific fuels management objectives and resource considerations in Tilden Park. A formal bid process was performed and a contractor’s mandatory on-site contractor tour was held. Six contractors were represented at the tour on March 3, 2016 and four contractors submitted proposals on March 28, 2016.

Staff from both the Fire Department and the Operations Department reviewed the proposals and selected The Professional Tree Care Company because of the quality of their proposed methodology, understanding of the project, attention to the safety of the public, project timeline, bid amount, and previous experience. The Professional Tree Care’s proposal addressed our public safety concerns and has demonstrated excellent attention to public safety on past projects.

BIDDERS BID AMOUNT Expert Tree Service $ 97,335 Mountain Enterprises $306,000 *The Professional Tree Care Company $199,000 West Coast Arborists $299,000 *Selected bidder

ALTERNATIVES

None are recommended.

53 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

AUTHORIZATION TO AWARD A CONTRACT FOR NIMITZ WAY HAZARDOUS WILDLAND FUELS REDUCTION TO THE PROFESSIONAL TREE CARE COMPANY AND AMEND THE 2016 BUDGET: TILDEN REGIONAL PARK

WHEREAS, in 2004, voters approved the District’s Measure CC which included significant funding for wildfire fuel reduction contracts; and

WHEREAS, in 2010, the District’s Board of Directors adopted the Wildfire Hazard Reduction and Resource Management Plan (Plan) to reduce fire hazard on District lands and maintain and enhance ecological values consistent with the fire hazard reduction goals; and

WHEREAS, Tilden Regional Park is an area covered by the Plan and significant fuels management work has been identified in Recommended Treatment Area TI001; and

WHEREAS, the District has received Western States Wildland Urban Interface grant funds for fuels management in Tilden Park; and

WHEREAS, the District actively searched for qualified proposals and received four proposals from qualified bidders; and

WHEREAS, The Professional Tree Care Company is a highly qualified, experienced, bidder and has submitted a proposal with the best methodology and overall value to the District;

NOW, THERFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes transfer of Measure CC (line 19) funds per the budget change form attached hereto and awards a contract to The Professional Tree Care Company in the amount of $199,000, and sets aside a contingency up to $39,800 for a total of $238,800 from project account Fuels Management District wide (541700); and

Moved by Director , seconded by Director , and adopted this 19th day of April, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

54 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation Between Funds From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Expense: OTA Fire Department-District Wide-Fuel Fund-Fire Department-District Wide- Management Project-Sibley/Wildcat Fuelbreak Project-Measure CC- Canyon/Alvarado-Measure CC (line 19)- Contracted Services Contracted Services

Account: 336-8310-178-6191 /514700- Account: 336-8310-000-6191 MCCT-009 $ 149,750 /515700-MCCT-009 $ 149,750 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on April 19, 2016, the General Manager recommends that the Board of Directors authorize the transfer of $149,750 Measure CC Funds, line 19 from project 541700 to project 515700.

As approved at the Board of Directors Meeting on date: 4/19/2016 Board of Directors Resolution Number: 2016-04- Posted By: Posted date: Signature:

55 48 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Transfer and Appropriate the Administrative Allowance from the “2006 New Year’s Storms” Federal Emergency Management Agency Projects: District Wide (Margulici/Rasmussen/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the appropriation of the funds previously received for administration allowance from the “2006 New Year’s Storms” Federal Emergency Management Agency (FEMA) Projects from the general fund balance to project #12100.

REVENUE/COST

This action will transfer and appropriate $186,470 in FEMA administration allowance from the general fund balance (tracking #800881) to the Capital Fund project #121000 – Improve Mine Shaft, Black Diamond Mines.

BACKGROUND

In response to the “2006 New Year’s Storms,” on February 3, 2006, President George W. Bush declared a major disaster for Contra Costa County. On February 23, 2006, the President amended the declaration to include Alameda County. Local governments, special districts, state agencies and certain non-profit organizations in the declared counties are therefore eligible to apply for Public Assistance funds from FEMA. The District was approved to receive Public Assistance funds from FEMA on April 17, 2006. The California Governor’s Office of Emergency Services (Cal OES) was responsible for administering these funds. The District received approximately $4.7 million and completed 51 projects.

As part of the FEMA Public Assistance program the District receives an administrative allowance for direct and indirect costs incurred in requesting, obtaining and administering FEMA grants. The allowance is funded on a sliding scale between 3% to ½% of the actual awarded funds. The administration allowance has been received over time and tracked with tracking number #800881 in the general fund. Now that the projects have been completed and reimbursed by FEMA, the administration allowance may now be appropriated any FEMA disaster recovery project. Project

56 #121000 “Improve Mine Shaft” was selected since the project is in need of additional funding prior to closure.

The 51 FEMA disaster recovery projects will be closed during the annual formal closure process, which occurs in May and June 2016.

ALTERNATIVES

No alternatives are recommended.

57 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

APRIL 19, 2016

AUTHORIZATION TO APPROPRIATE AND TRANSFER THE ADMINISTRATION ALLOWANCE FROM THE “2006 NEW YEAR’S STORMS” FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECTS: DISTRICT WIDE

WHEREAS, as a result of the Presidential declaration of a major disaster in Contra Costa County on February 3, 2006 and amended the declaration to included Alameda County on February 23, 2006, government agencies may be eligible for federal assistance through the Governor’s Office of Emergency Services (OES) from the Federal Emergency Management Agency (FEMA) for damages and costs related to the “2006 New Year’s Storms”; and

WHEREAS, the District obtained approval to receive assistance from FEMA and OES for damages and costs related to the “2006 New Year’s Storms” on April 17, 2006; and

WHEREAS, the District received approximately $4.7 million and completed 51 projects with these funds; and

WHEREAS, the above-mentioned projects have been completed and reimbursed by FEMA; and

WHEREAS, as part of the FEMA Public Assistance program the District receives an administrative allowance on a sliding scale between 3% to ½% of the actual awarded funds for direct and indirect costs incurred in requesting, obtaining and administering FEMA grants; and

WHEREAS, the administrative allowance has been received overtime and tracked in the general fund (tracking #800881); and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the appropriation of $186,470 from the general fund balance to the Capital Fund Project #121000 – Improve Mine Shaft, Black Diamond Mines ; and

BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services, as agent of the District, conducts all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws and perform such acts which may be necessary for the completion of the aforementioned Project;.

BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager to amend the current year’s budget, without further Board action, upon receipt of the executed grant contract from the Grants Manager. The budget amendment will include an increase in budgeted

58 revenue and a corresponding increase in appropriation for the amount stipulated in the agreement contract, including interest earned.

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

Moved by Director , seconded by Director , and approved this 19th day of April, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

59 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

L. Authorization to Apply to the East Bay Municipal Utility District Water Smart Garden Grant for the Demonstration Garden Project: Crown Memorial State Beach (Margulici/Stoneham/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an application for grant funds from the East Bay Municipal Utility District (EBMUD) for the Demonstration Garden Project at Crown Memorial State Beach.

REVENUE/COST

This action proposes approval of an application of approximately $15,000 for the Turf Conversion and Demonstration Garden Project. This project will not increase the ongoing operational cost of the District. If awarded, grant funds would fully fund the project.

BACKGROUND

The approximately one acre project area is located near the Otis Street entrance of Crown Memorial State Beach. In response to the drought, irrigation to this turf area was eliminated and California Conservation Corps Crews applied an interim layer of sheet mulch in 2015. Grant funds would purchase native plants, irrigation and landscaping supplies, interpretive signage and a printing of a brochure. Work will be performed by Park Operations Staff with the assistance of Volunteers and Alternative Work Crews, such as Civicorps. Operations, Interpretive and Recreation Services and the Creative Design Group will collaborate to develop the content and layout of three interpretive signs and a brochure. The Demonstration Garden will educate the public about saving in the urban landscape and create an attractive, low water-use garden in a highly visible area the park.

EBMUD offers grants to community organizations and public agencies who create publicly accessible gardens projects that demonstrate water conserving principles. These gardens are a great tool to help the public learn about ways to save water in the urban landscape.

ALTERNATIVES

No alternatives are recommended.

60 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

AUTHORIZATION TO APPLY TO THE EAST BAY MUNICIPAL UTILITY DISTRICT WATER SMART GARDEN GRANT FOR THE DEMONSTRATION GARDEN PROJECT: CROWN MEMORIAL STATE BEACH

WHEREAS, the East Bay Municipal Utility District offers grants to community organizations and public agencies who create publicly accessible garden projects that demonstrate water conserving principles; and

WHEREAS, the East Bay Regional Park District desires to create an attractive low-water use “demonstration “ garden in a former turf area of Crown Beach; and

WHEREAS, the East Bay Regional Park District is seeking funding for the Demonstration Garden Project; and

WHEREAS, District procedures require Board Approval for all grant applications; and

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

1. Approves the filing of an application with East Bay Municipal Utility District up to the maximum amount allowed under the program; and

2. Authorizes and directs the General Manager or Deputy General Manager, 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.

61 Moved by Director , seconded by Director , and approved this 19th day of April, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

62 Crown Beach—Turf Conversion Project—Landscape Plan

15 gal Fremontedendron 1 gal Manzanita Emerald Carpet 1 gal Epilobium canum ’Schieﬀelin’s Choice 1 gal Asclepias fascicularis 1 gal Achillea millifolium 15 gal Ceanothus Ray Hartman 1 gal Dudleya caespitosa 1 gal Bacharis piluris 2 gal Dudleya Brionii 1 gal Mimulus ’Scky Monkey’

1 gal Epilobium canum ’Catalina’ 1 gal Ceanothus Yankee Point 1 gal Festuca glaucus ’Nave Blue Fescue’

1 gal Dendromicon rigida

1 gal Ceanothus cuneatus 1 gal Bacharis glunus CNPS ‐ Examples

63 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Authorization to Appropriate Funds and Apply for Federal Grant Funds for Replacement of Campground Restrooms at Del Valle State Recreation Area: Del Valle Regional Park (Margulici/Lim/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the appropriation of funds and an application to the California Department of Parks and Recreation for federal grant funds from the Land and Water Conservation Fund to replace campground restrooms at Del Valle State Recreation Area.

REVENUE/COST

This action proposes a grant application of approximately $337,000 to the Land and Water Conservation Fund and the appropriation of $337,000 as matching funds to existing project Upgrade Restrooms 19 & 21 (#512200) from the District’s Major Infrastructure Renovation and Replacement Fund 553, for a total cost of approximately $674,000. This project is not expected to increase the ongoing operation cost of the District.

SOURCE OF FUNDS: Major Infrastructure Renovation & Replacement Fund (553-9110-000-9980) $337,000

TRANSFER FUNDS TO: Upgrade Restrooms 19 & 21 (333-4130-203-7501 CIP# 512200) $337,000

BACKGROUND

In January 1965, Congress established the Land and Water Conservation Fund. The program was initially authorized for a 25-year period and has been extended for another 25 years, to January 2015. Under provisions of the Outdoor Recreation Resources Plan Act of 1967, the expenditure of funds allocated to California is administered by the Director of the California Department of Parks and Recreation.

64 The District seeks funds to replace one existing restroom, Building #21 near campsite 137 in the campground. The Del Valle Campground is one of the District most popular recreational facilities. The restroom buildings are nearly 40-years old. The exposed wood timber construction of the buildings is subjected to weathering and decay; they are in need of replacement. The buildings will be replaced with a precast concrete structure similar to the other restroom buildings that have recently been replaced, such as Building #9, located near Campsite #39.

ALTERNATIVES

No alternatives are recommended.

65 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

AUTHORIZATION TO APPROPRIATE FUNDS AND APPLY FOR FEDERAL GRANT FUNDS FOR REPLACEMENT OF CAMPGROUND RESTROOMS AT DEL VALLE STATE RECREATION AREA: DEL VALLE REGIONAL PARK

WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and

WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and

WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State;

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

1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed project to Replace Campground Restrooms at Lake Del Valle; and

2. Agrees to abide by SECTION 6(F)(3) of Public Law 88-578 which states “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location;” and

3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and

4. Appoints the General Manager or Deputy General Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, Applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws and perform such acts which may be necessary for the completion of the aforementioned Project; and

66 5. Appropriates $337,000 from the Major Infrastructure Renovation and Replace Fund 553 to project number 512200 as match, per the Budget Change Form attached hereto, these funds shall be returned if the grant is not awarded; 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 grant 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 grant contract.

Moved by Director , seconded by Director , and adopted this 19th day of April, 2016, by the following vote,

FOR:

AGAINST: ABSTAIN: ABSENT:

67 PROJECT SITE RESTROOM BUILDING #21

Del Valle Campground Restroom ± Building 21 Replacement Not to CEQA Scale East Bay Regional Park District Planning & GIS Services Del Valle Regional Park APR. 6, 2016 Alameda County, California 68 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues x Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Design & Construction-Del Valle- Services/Replace Restroom # 19 & 21 Project-MIRR Funds-Construction Contract

Account: 336-7110-203-6191/ 512200 MIRR-009 $ 337,000 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER Account Name: TRANSFER IN: Other OUT: Major Infrastructure Than Asset Fund-Non Departmental-District Renovation and Replacement Wide-Transfer In Fund-Non Departmental-District Wide-Transfer Out Account:553-9110-000-9980 $ 337,000 Account: 336-9110-000-3980 $ 337,000 As being presented at the Board of Directors meeting on April 19, 2016 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $337,000 from the Major Infrastructure Renovation and Replacement Fund balance to project 512200. A grant from the Land and Water Conservation Fund may be added to the project upon receipt of a signed contract.

As approved at the Board of Directors Meeting on date: 4/19/2016 Board of Directors Resolution Number: 2016-04- Posted By: Posted date: Signature:

69 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Authorization to Apply for Grant Funds from the State of California, Department of Water Resources for Water Safety Programs: District- Wide (Margulici/DeQuincy/Auker)

RECOMMENDATION

The General Manager recommends that for the next five years the Board of Directors authorize applications for funds from the State of California, Department of Water Resources for Water Safety Programs at various regional parks.

REVENUE/COST

For the next five years, this action proposes approval of applications to fund a variety of Water Safety Programs in the Regional Parks. No additional funding will be needed to conduct these programs. 2016 and 2017 applications are estimated to be $10,500.

BACKGROUND

The State of California Department of Water Resources (DWR) and the State Water Project Recreation Coordinating Committee has expressed concern about the number of drownings in State Water Parks. DWR seeks to partner with organizations to providing funding to develop and offer programs designed to reduce drownings and improve water safety.

In 2015, the District received DWR funding to offered a pilot “Aquatic Adventure Camp.” Youth in Hayward participated in free water safety activities at Don Castro Recreation Area and Del Valle Regional Park. The District would like to partner with DWR to offer additional Aquatic Adventure Camps in 2016 and 2017.

In addition, Aquatic Staff will pilot a new program in 2016, “Vamos a Aprender.” “Vamos a Aprender” program is a bi-lingual water safety education program set up on weekends near the swim area at Lake Del Valle in Livermore, California during key summer months. The weekend safety education program is designed to provide and promote water safety education for “at risk” children and families that visit Del Valle Regional Park. The program is targeted for at risk children between the ages of 7-15. The program will be offered in both English and

70 Spanish. EBRPD will distribute DWR water safety education materials for ongoing take-home education and at the conclusion of the session, the participating children will be issued a free brand new lifejacket.

Over the next five years, staff requests approval to submit grant applications and to partner with Department of Water Resources for water safety programs.

ALTERNATIVES

No alternatives are recommended.

71 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 04 -

April 19, 2016

AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR WATER SAFETY PROGRAMS: DISTRICT-WIDE

WHEREAS, the District desires to deliver the highest quality of lifeguarding and program instruction for the safety of park visitors engaged in aquatic activities; and

WHEREAS, the District master plan calls for recreational activities that will add to enjoyment and quality of life by establishing programs to assist individuals and groups that require special help; and

WHEREAS, the State of California, Department of Water Resources and the State Water Project Recreation Coordinating Committee has expressed concern about the number of drownings in State Water Parks; and

WHEREAS, the Department of Water Resources has partnered with California State youth organizations to provide funds to develop and offer water safety programs designed to reduce drownings, such as the Aquatic Adventure Camp and Vamos a Aprender; and

WHEREAS, over the next five years, if these grant opportunities become available, staff is seeking approval to apply for water safety programs; and

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

1. Approves the filing of applications with the State of California, Department of Water Resources up to the maximum amount allowed under the program; and

2. Certifies that the Applicant has, or will sufficiently develop, staff to operate these programs; and

3. Certifies that the Applicant will review, understand and agree to the General Provisions contained in the contract from the Department of Water Resources; and Certifies that the Water Safety Programs confirm to the recreation element of any applicable city or county general plan; and

4. Authorizes and directs the General Manager or Deputy General Manager, 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

72 amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and

Moved by Director , seconded by Director , and approved this 19th day of April, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

73 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Approval of the Land Use Plan Amendment (LUPA) for the McCosker Parcel: Robert Sibley Volcanic Regional Preserve (Tong/Nisbet)

RECOMMENDATION

The General Manager, Board Executive Committee, and Park Advisory Committee recommend that the Board of Directors approve a 2016 amendment to the existing Robert Sibley Volcanic Regional Preserve Land Use Plans under the East Bay Regional Park District’s Amendment Checklist Process adopted 2002, Resolution No. 2000-3-54. The purpose of this amendment is to remove the McCosker parcel from landbank status and incorporate it within the Preserve for public use and resource protection. This recommendation would include accepting the names Wilcox Station Staging Area and McCosker Loop Trail.

REVENUE/COST

Funds are available in Project #150800 for public access improvements in Robert Sibley Volcanic Regional Preserve to accomplish the intentions of the LUPA.

BACKGROUND

Staff has prepared a draft Checklist Amendment for the McCosker parcel at Robert Sibley Volcanic Regional Preserve (Sibley) (Exhibit A). The 250-acre McCosker donation was accepted by the Board of Directors on September 7, 2010 (Resolution No.: 2010-9-237) as part of Sibley. This land consists of one assessor’s parcel, APN 257-010-006 that borders the eastern boundary of Huckleberry Botanic Regional Preserve (Huckleberry). The McCosker parcel will ultimately connect to Sibley via the “Western Hills Open Space.” The inclusion of the McCosker parcel into Sibley is consistent with the Checklist Amendment process. The parcel was acquired in accordance with the California Environmental Quality Act (CEQA) via a Categorical Exemption. In 2016 the District filed a Categorical Exemption for the proposed public access and safety improvements in accordance with CEQA guidelines. Future changes in land use or future development will require a separate plan amendment and additional CEQA analysis.

75 The East Bay Regional Park District (District) adopted the Resource Analysis, Land Use Development Plan (LUDP) / Environmental Impact Report (EIR) for Robert Sibley Volcanic Regional Preserve (Sibley) on June 18, 1985 with recommendations for a 150-person capacity, group camp within a former quarry site (Resolution No.: 1985-6-184). Subsequently, the Board adopted a Checklist Amendment for the Cropsey and Smith properties in 2001. In 2006 a LUPA / MND was adopted by the Board rescinding recommendations for a 150-person capacity group camp within a former quarry site as a result of public comments leaving an unmet need for camping in the region (Resolution No.: 2006-1-14).

In 2007, a Management Plan and a Conservation Easement Endowment Agreement for the 389 –acre Western Hills Open Space Area were completed. Recreation amenities and resource obligations for the Western Hills Open Space are spelled out in the Management Plan and Conservation Easement Endowment Agreement for the area. District staff is currently working with Wilder developer (formerly Montanera Project) to ensure that the development agreement and regulatory permit obligations are met prior to the land transfer.

In 2013-2014 the District initiated a LUPA for Sibley that will ultimately incorporate two study areas; Western Hills Open Space and the McCosker parcel. The District completed two studies that address the McCosker site in 2014; a Stream Restoration Feasibility Report and a Camping Program Update Report. Both studies indicated that a group campsite is feasible at the McCosker site. During this period, District staff has also conducted site reconnaissance to determine potential trail connections between the landbank properties and Huckleberry and Sibley, as well as staging at the Pinehurst Road entry and existing trail opportunities within the McCosker parcel.

On May 19, 2015 the Board authorized: 1) development of a Land Use Plan Checklist Amendment (Checklist Amendment) to append the McCosker parcel to Sibley and remove the parcel from the landbank list; and 2) $53,081 to complete the public access and safety improvements required to open the landbank property.

The Checklist Amendment process provides a formal planning review for addressing the incorporation of the McCosker Property into Sibely. As such, is meant to supplement the prior planning studies with the intent of opening this parcel, which is currently in landbank status, to the public while ensuring the protection of site resources. This Checklist Amendment focuses on actions relating to public access and safety improvements on the former McCosker Property.

Additional information on the subject property, the proposed improvements, and future management of the land is provided in Exhibit A: McCosker Land Use Plan Checklist Amendment.

A recommendation of approval of the Land Use Plan Amendment for the McCosker parcel will result in appending the subject property to the 1985 Sibley Land Use Development Plan and subsequent planning amendments and allow for the interim opening of the property when public staging, access and safety improvements to the property can be instituted by the District. The anticipated opening of the McCosker parcel would be the fall of 2016. The park improvements would remain in place until a stream restoration project on the McCosker

76 parcel can be fully funded and that project goes out to bid. Construction of the stream restoration project is anticipated for the summers of 2018 and 2019. During the construction of the stream restoration project, public access to the McCosker site from Pinehurst Road would be closed. However, it is possible that the land transfer of the Western Hills Open Space parcel will have been completed, thereby enabling public access to the Western Hills Open Space and upper (northern) portions of the McCosker parcel. Public access from Pinehurst Road would be reinstated at the completion of the stream restoration project.

ALTERNATIVES

No alternatives are recommended.

77 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 04 –

April 19, 2016

APPROVAL OF THE LAND USE PLAN AMENDMENT FOR THE MCCOSKER PARCEL: ROBERT SIBLEY VOLCANIC REGIONAL PRESERVE

WHEREAS, the 2013 District Master Plan provides policies for the preparation and amendment of Land Use Plan Documents including public review and compliance with the California Environmental Quality Act (CEQA); and

WHEREAS, on March 21, 2000 the Board of Directors approved a modified Land Use Plan amendment process which is referred to as the “Checklist Amendment”; and

WHEREAS, the Board approved a Resource Analysis, Land Use Development Plan (LUDP) / Environmental Impact Report (EIR) for Robert Sibley Volcanic Regional Preserve (Sibley) on June 18, 1985, a Checklist Amendment for the Cropsey and Smith properties in 2001, and a Land Use Plan Amendment (LUPA) and Mitigated Negative Declaration (MND) in 2006; and

WHEREAS, the 250-acre McCosker parcel was donated to the District in 2010 to help complete Robert Sibley Volcanic Regional Preserve; and

WHEREAS, pursuant to the donation of 250± acres of land, OG Property Owner, LLC also donated to the District McCosker Planning & Public Access Improvements Zone of Benefit Funds (Project 150800) to assist with the planning and development of park facilities; and

WHEREAS, the Board (Resolution No. 2015-05-146) appropriated additional funds to project no. 150800 to complete public access and safety improvements leading to the removal of the property from the landbank list and opening of the property to the public; and

WHEREAS, the McCosker parcel has been reviewed in accordance with the modified land use plan amendment process and found to be consistent with that process; and

WHEREAS, a Notice of Exemption was filed for the McCosker LUPA in accordance with the Checklist Amendment process in March 2016; and

WHEREAS, the Board Executive Committee and the Park Advisory Committee have reviewed and recommend approval of the proposed LUPA;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the amendment of the Robert Sibley Volcanic Regional Preserve Land Use Plan in the manner described in the written Board material and attached

78 LUP Amendment Checklist to incorporate the McCosker parcel within the park unit and to open it the public when it can be made safe for public use; and

Moved by Director , and seconded by Director and adopted this 19th day of April 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

79 Page Left Blank Intentionally

80 EXHIBIT A

McCosker Parcel Land Use Plan Checklist Amendment

Interim Improvements for Public Access and Public Safety in Robert Sibley Volcanic Regional Preserve Land Use Plan (Amendment Checklist Process Adopted 2002, Resolution No. 2000-3-54)

Acquisition, Planning & Development East Bay Regional Park District 2950 Peralta Oaks Court Oakland, California 94605

82 McCosker Land Use Plan Checklist Amendment

Table of Contents

I. INTRODUCTION - PROJECT BACKGROUND 1 A. Project Status 1 B. Site Description 1

II. PURPOSE & GOALS 5 A. Purpose 5 B. Checklist Amendment Goals 5 C. Consistency with Plans & Policies.

III. PROJECT DESCRIPTION 6 A. Proposed Access and Trail Features 6 B. Development Proposal 7 C. Maintenance and Security 8 D. Land Use Agreements 8

IV. AMENDMENT CHECKLIST 9 A. California Environmental Quality Act (CEQA) 9 1. Checklist Criteria 9 2. Consistency with Checklist Criteria 9

B. Land Use Plan (LUP) 10 1. Checklist Criteria 10 2. Consistency with Checklist Criteria 10

C. Development 10 1. Checklist Criteria 10 2. Consistency with Checklist Criteria 11

D. Land Use 11 1. Checklist Criteria 11 2. Consistency with Checklist Criteria 11

E. Minimal Cost 11 1. Checklist Criteria 11 2. Consistency with Checklist Criteria 12

ATTACHMENTS

Attachment A - Maps and Figures 15 Figure 1 – Location Map 17

83 Figure 2 – Vicinity Map 18 Figure 3 – Site Characteristics 19 Figure 4 – Park Features 20

Attachment B – Biological Resources 21 Special Status Wildlife Species List 23 Vegetation Map 24

Attachment C – Board Policy Resolutions 25

Resolution to authorize and accept donation of land and funding [Resolution No. 2010-9-237] 27

Resolution to execute a donation agreement for various lands: therein Sibley Volcanic Regional Preserve [Resolution No. 2004-8-172] 29

Authorization to appropriate funds to prepare LUPA Adopted May 19, 2015 [Resolution No. 2015-05-146] 30

EBRPD approval of modified LUP Amendment Process [Resolution No. 2000-3-54] 33

Naming Policy & Guidelines [Resolution No. 2004-04-73] 34

Attachment D – Loop Trail & Staging Area Name Recommendation 37 Park Facility Naming 39

Attachment E – Prior Planning Studies 41

REFERENCES 42

84 I. INTRODUCTION - PROJECT BACKGROUND

A. Project Status

The project site consists of 250+ acres and was purchased by the developer of the Wilder residential development as mitigation for “preservation in perpetuity” (Second Supplemental EIR 2004). It was donated to the East Bay Regional Park District, (EBRPD) in 2011along with $1,437,500 for activities associated with planning, development and maintenance of park facilities. It consists of one assessor’s parcel, APN 257-010-006.

Consistent with EBRPD Resolution No. 2004-8-172 the project site (formerly known as the McCosker or Texas parcel) will be appended to Robert Sibley Volcanic Regional Preserve (Sibley Preserve).

This Land Use Plan Checklist Amendment (Checklist Amendment) provides a formal planning review consistent with the process adopted by the Board of Directors in 2002 for addressing the incorporation of proposed interim improvements on the former McCosker parcel focusing on actions relating to public access, public safety, and trail repair. As such, it is meant to supplement the prior planning studies of Robert Sibley Volcanic Regional Preserve. Refer to Attachment D - Board Policy Resolutions for the Checklist Amendment criteria.

Prior to the completion of the full Land Use Plan Amendment for this property and other adjacent properties, interim improvements are proposed that will allow for safe public access on the project site. These improvements will facilitate and enhance the experience of park visitors while protecting park resources and minimizing hazards along the trail and creek edges such as open culverts and sink holes.

B. Site Description

Location

The project site is found on the United States Geological Survey (USGS) Oakland East, California Quadrangles 7.5-Minute Series. It is located southeast of Sibley Preserve and east of Huckleberry Botanic Regional Preserve (Huckleberry Preserve) in the western unincorporated area of Contra Costa County, south of California State Highway 24 in the unincorporated community of Canyon. Refer to Attachment A - Maps & Figures for the site location, vicinity and site features.

McCosker Parcel Access

Access to the parcel from the Town of Moraga is provided via Moraga Road traveling southwest until it becomes Canyon Road, a two-lane facility that intersects with Pinehurst Road, a narrow, winding road, lined by redwoods and

85 well-traveled by bicyclists. Park visitors would turn right onto Pinehurst Road from Canyon Road and travel northwest, through the community of Canyon until about one mile beyond the Canyon School to the property entrance on the right. Upper San Leandro Creek parallels the west side of Pinehurst Road.

Adjacent Land Uses

The 389-acre Western Hills Open Space Area abuts the project site on the north. These are mitigation lands for the 1,300 acre Wilder Development that will ultimately be conveyed to EBRPD as a conservation easement and will provide a land connection between the project site and Sibley Preserve. The Wilder Development will include 245 home sites, a club house, swim and fitness center, five community ball fields, an art and garden center, and access and parking to serve the Western Hills Open Space park visitors at full buildout.

The Moraga Creek Open Space (“Orphan Parcel”) on the east border of the site is watershed property owned by East Bay Municipal Utility District (EBMUD). A section of the proposed loop trail would traverse this property utilizing an existing service road approximately 20 feet wide and 2,000 feet in length.

Privately owned, rural residential property adjoins the southern border of the project site.

The property to the west and south of the project site is the Huckleberry Preserve owned in fee by EBRPD. It was acquired in 1973 to connect the East Bay Skyline National Recreation Trail as a continuous north-south trail along the ridgelines of the East Bay Hills. This regional trail provides links to several EBRPD parks including Sibley Preserve to the northwest and Redwood Regional Park to the south. The major uses at Huckleberry Preserve are trail uses and nature study (Refer to Attachment A Figure 1 - Location Map and Figure 2 - Vicinity Map).

Historic Land Uses at the Project Site

No archaeological resource studies have been performed on the property to date. However, much is known about the historic period as summarized below.

The project site was part of a larger Mexican land grant and settled by the McCosker family in the 1870’s and was held as a family residence for several decades. A 2014 interview with family descendent, Dwayne McCosker, documents family history of the property. This includes a general genealogy and family history with the location of homesteads, ranch facilities, and later paving and quarry operations. The family also farmed a portion of the land for their own purposes and planted a number of ornamental trees and shrubs in the lower areas of the property. The paving business and rock quarry/rock crushing mill occupied the property from the 1950s into the 1970s. Development during this period included residential home sites, equipment yards, and underground diesel fuel tanks. Most of these structures have since

86 been demolished or removed from the site.

Remaining remnant features include a small “kitchen orchard” at the base of the slope leading up to the barn site and various other non-native, ornamental landscape features located in the lower areas of the property, a pump house near the Pinehurst Road entrance, the remains of a rock quarry and rock crushing plant, retaining walls and building foundations underground diesel fuel tanks, a large metal barn, a family residence and ranch roads that run throughout the property. The residence was built in the 1970’s and occupied by the family until the early 2000’s. It has been converted into a park security residence and is serviced by a septic system and spring fed water system. The large metal barn currently houses EBRPD equipment.

Site Characteristics

The site is located in the seismically-active San Francisco Bay Area. The Hayward Fault is located about two miles to the southeast and runs northwest along the base of the East Bay Hills generally paralleling Highway 24. It is predicted to have a future chance of producing a 6.6 maximum earthquake. Landslide concentrations are common to the area with fairly regular occurrences during the rainy season. Soil types are primarily loamy upland soils and present high to moderate erosion potential.

The site lies within the Upper San Leandro Reservoir Watershed in the East Bay Hills, east of Gudde Ridge. It includes one unnamed perennial tributary that joins Upper San Leandro Creek at Pinehurst Road. Significant portions of two lower tributaries were filled and culverted prior to acquisition by EBRPD. Several of these culverts are now failing exposing sections of the creek channel.

Investigative boring revealed that groundwater ranges between 12 and 20 feet below the ground surface making the potential for liquefaction minimal. In general, the uplands are not subject to storm-related flooding, although limited areas may be subject to short-term flooding due to drainage impediments.

A Phase I Environmental Site Assessment was completed on the property in 2001. There was no documentation or physical evidence of soil or groundwater impairments, nor documentation of hazardous materials violations or discharge; neither does the site appear on a list of hazardous materials sites (Cortese List). The on-site tanks that were formerly used to store diesel fuel have since been cleaned and do not pose an environmental hazard (Phase I Assessment).

PG & E transmission lines and towers traverse the property from southwest to northeast. In addition to PG & E, a Shell Oil Company pipeline easement exists on the property (EBRPD McCosker Title Insurance, Schedule B Part 2 (3-6), 2010).

Cattle grazing is the primary current use of the site.

87 Biological Resources

The landscape is generally characterized by moderate to steep slopes with flat areas especially near the barn. There are major and minor drainages that flow southward into a single perennial tributary that joins Upper San Leandro Creek at Pinehurst Road. Annual grasslands are present on drier south facing slopes, but primarily located in the north and eastern areas (60%) with oak/bay woodlands (25%) concentrated in the western area, and shrub-land making up the balance, except along most of the major and minor drainages where riparian vegetation including willow/alder woodlands is intermixed with the oak/bay woodlands.

Plant Communities and Associated Wildlife. A preliminary habitat assessment was conducted by EBRPD staff in 2013. Native woodland tree species were identified including: coast live oak and coast redwood, alder, California bay, California buckeye, Pacific madrone, and California hazelnut. Grassland and shrub species include: purple needlegrass, and mugwort. Vegetation on fill covering the culverted drainage system includes non-native vegetation listed on the California Exotic Pest Plant Council list for exotic pest plants of greatest ecological concern in California. These include poison hemlock, firethorn, and Himalayan blackberry (Refer to Attachment B – Biological Resources – Vegetation Map).

The property has the potential to support about 300 species of birds, mammals, reptiles and amphibians, almost half of which are birds. It is located within the U.S. Fish and Wildlife Service’s critical habitat for the state and federally threatened Alameda whipsnake, which is known to occur on site. In addition at least nine other special status species including: the California red- legged frog, golden eagle, white-tailed Kite, Grasshopper Sparrow, and California foothill yellow-legged frog have the potential to occur on the site. Larger mammals may include coyotes, gray and red fox, long tailed weasel, feral pig, raccoon, striped skunks, black-tailed deer, bobcats, and mountain lions. Other wildlife species observed at the site include: Dark-eyed junco, California slender salamander, black-tailed hare, and Pacific rubber boa.

Aquatic Habitats. The primary importance of aquatic habitat is for native species particularly amphibians and fishes. The rainbow trout inhabiting Upper San Leandro Creek and its tributaries are descendants of steelhead that inhabited this watershed prior to the building of Lake Chabot Reservoir. Rainbow trout of various ages and size classes are abundant in Upper San Leandro Creek below the McCosker tributary inlet and throughout the accessible areas of the watershed including San Leandro Creek upstream of Pinehurst Road in Huckleberry Botanic Regional Preserve. However, only one adult rainbow trout has been observed in the pool upstream of the McCosker culvert and no other suitable fish habitat was observed on the former McCosker parcel in its current culverted state (Alexander, Pete, Fisheries Program Manager, EBRPD unpublished data, 2013). Refer to Attachment B – Biological Resources for a list of Special Status Wildlife Species.

88 II. PURPOSE & GOALS

A. Purpose

The purpose of this Checklist Amendment is to: 1) Append the project site (formerly known as the McCosker or Texas parcel) to Robert Sibley Volcanic Regional Preserve (Sibley Preserve) consistent with EBRPD Resolution No. 2004-8-172. 2) Incorporate interim public access and safety improvements to the property with the intent of opening this parcel to the public 3) Ensure the protection of site resources.

B. Checklist Amendment Goals

The goals for this Checklist Amendment appending the project site to Sibley Preserve include:

Public Access and Safety: . To provide public recreational trail access to the site from the existing entrance off Pinehurst Road . To provide public access that facilitates safe visitor use of the park while minimizing encounters with open culvert and sink hole hazards along the trail/creek edge . To repair trails consistent with EBRPD standards, including adequate slope, drainage and stabilization.

Resource Conservation: . To balance visitor enjoyment with natural and cultural resource protection.

C. Consistency with Plans and Policies

2013 EBRPD Master Plan

The proposed project is consistent with the EBRPD’s purpose as stated in the 2013 EBRPD Master Plan to conserve open space resources and balance environmental concerns and outdoor recreational opportunities within regional parklands (pg. 18). It is also consistent with the following 2013 Master Plan policies:

Regional Facilities and Areas (RFA):

RFA2: EBRPD will provide a diverse system of non-motorized trails to accommodate a variety of recreational users including hikers, joggers, and people with dogs, bicyclists, and equestrians. Both wide and narrow trails will be designed and designated to accommodate either single or multiple users based on location, recreational intensity, environmental and safety considerations. EBRPD will focus on appropriate trail planning and design,

89 signage and trail user education to promote safety and minimize conflicts between users.

RFA4: EBRPD will expand its unpaved multi-use trail system as additional acreage and new parks are added. EBRPD will continue to provide multi-use trails to link parks and to provide access to park visitor destinations.

Prior Sibley Preserve Planning Studies

The project is consistent with the 1985 Robert Sibley Volcanic, Huckleberry Botanic, and Claremont Canyon Regional Preserves Land-Use Development Plan/Environmental Impact Report (1985 LUDP) to retain the existing character and preserve and enhance significant natural resource features allowing safe enjoyment of these features and to provide for the minimum development necessary to protect the public and natural resources.

This Checklist Amendment is intended to supplement prior planning studies prepared for Sibley Preserve and will complement the current Land Use Plan amendment for the property currently underway. (Refer to Attachment F – Prior Planning Studies for a list of prior studies). It is consistent with prior Sibley Preserve Planning studies, including the Sibley Volcanic Regional Preserve Land Use Plan Amendment, 2006 which provides EBRPD with the opportunity to expand safe public access and trails in the Oakland/Berkeley Hills and to preserve Open Space and scenic views of central Contra Costa County.

Contra Costa County General Plan Goals and Policies

The 2005 - 2020 General Plan, zoning ordinances and codes, and applicable measures seek to preserve the scenic views, open space and rural character of the Contra Costa County Open Space areas and endorses the expansion of major parks and open space areas to protect the unique resources of the county. Policy 9-V provides for the “development of a comprehensive and interconnected series of pedestrian, biking, and riding trails in conjunction with cities, special districts, public utilities and county service areas.” The EBRPD’s goals for the project site are consistent with the Contra Costa County General Plan.

PROJECT DESCRIPTION

A. Proposed Access and Trail Features

The public would access the site from Pinehurst Road about one mile north of the Canyon Elementary School in unincorporated western Contra Costa County. A small staging area would be minimally graded and graveled to accommodate approximately ten vehicles. The main entrance gate would remain open during park hours of operation. Names are proposed for the staging area and loop trail for which signs would be posted to help orient visitors.

90 The entire trail alignment would be on existing unpaved service roads that form an approximate three mile loop around the property. An approximately one-third mile section of this loop trail exists on EBMUD land.

This trail, which is proposed to be named the McCosker Loop Trail, will begin at the proposed ten-vehicle Wilcox Station Staging Area, which is to be located at the existing entry off Pinehurst Road. From the staging area the park visitors will pass through a self-closing pedestrian gate and continue north to an existing crossing of the unnamed tributary that initially runs parallel to the trail. The trail then continues east through the barn site and then uphill for approximately 5,300 feet gaining approximately 300 feet in elevation. At the park boundary the trail will traverse EBMUD property on an existing service road and continue north approximately 2,000 feet via a non-exclusive easement before returning to District property. The trail loses approximately 300 feet in elevation moving in a westerly direction. At a junction, this trail alignment bypasses the park security residence and returns in a southerly direction towards the barn site to complete the trail loop. Refer to Attachment A Figure 4 – Park Features.

In accordance with the provisions of the 2013 EBRPD Master Plan this trail would be designated as a public, multi-use trail, accommodating hikers, bicyclists, dog walkers and equestrians. Consistent with EBRPD Ordinance 38, dogs would be required to remain on leash within the first two hundred feet beyond the park property gate.

B. Development Proposal

Proposed park improvements would consist of: . Signing the three-mile trail the McCosker Loop Trail in honor of the McCosker family - This name is consistent with the EBRPD’s naming policy and Resolution No. 2010-9-237 which includes an agreement to memorialize the McCosker family’s history with the land by naming a trail or other feature on the property in their honor. . Signing the new ten-vehicle staging area off Pinehurst Road Wilcox Station in remembrance of the site where the McCosker children boarded the train taking them to high school in Oakland. This name is consistent with the EBRPD’s naming policy . Staging area improvements include posting a park entry sign, park security camera, grading and gravel paving to accommodate approximately ten vehicles, the addition of two gates on the north (back) end; one to be a public access, pass-through, self-closing pedestrian gate, one to be a vehicle gate . Installing trail safety caution signs along entrance road to alert users of potential open culvert and sink hole hazards . Minimizing hazards along entrance road including installing a metal door on the pump house and covering open drain boxes . Posting way-finding signs throughout the park including “Park Residence”, trail names, and directional arrows . Installing fence sections north of the residence

91 . Installing a public access, pass-through, self-closing pedestrian gate at the “Y” east of the barn . Installing a vehicle gate north of the residence on the entrance road . Installing two public access, pass-through, self-closing pedestrian gates at the EBMUD property line; one at north and one at south entrances, posting District boundary signs at entrance to EBMUD property . Repairing landslide damage to the trail.

Implementation of the project would likely require use of a combination of hand and mechanized equipment to: complete the grading and gravel paving of the staging area; install fencing, vehicle and pedestrian gates and signs, conduct trail repair, and cover hazards (i.e. cover open drains and install metal door). Workers and equipment would be confined to the existing trail, and immediately adjacent disturbed areas, as required, to complete improvements. Access to the site would be from Pinehurst Road.

EBRPD would implement best management practices to minimize disturbance to wildlife and wildlife habitat.

C. Maintenance and Security

As described above, Park Operations staff proposes to install: 1) an access gate on the north end (back) of the staging area off Pinehurst Road to restrict public access; and 2) define the public access through a separate, controlled trail entry point.

Robert Sibley Volcanic Regional Preserve Park staff will conduct routine patrol and maintenance activities, including initial response and reporting of incidents. The grassland areas of the property will be maintained to the EBRPD’s fire suppression and environmental standards including livestock grazing.

EBRPD police officers regularly patrol Robert Sibley Volcanic Regional Preserve and other parklands in the immediate area. These officers are deployed from the EBRPD’s Public Safety Headquarters in Castro Valley. In addition, the park is patrolled by helicopter as part of the EBRPD’s routine park management program.

D. Land Use Agreements

East Bay Municipal Utility District (EBMUD) lands adjoin the McCosker parcel to the east. This property referred to as the “Orphan Parcel”. EBRPD has an emergency vehicle maintenance access (EVMA) rights agreement with EBMUD allowing EBRPD staff access to the land for emergency and maintenance purposes. EBRPD is working with EBMUD to expand the access rights agreement to accommodate recreational use of an approximately 1,554-foot long section of an existing ranch road, which will serve to complete the McCosker Loop Trail.

92 III. AMENDMENT CHECKLIST

A. California Environmental Quality Act (CEQA)

1. Checklist Criteria

A Categorical Exemption adopted by the Board for property where pre- acquisition land use will be continued and resources will not be adversely affected.

2. Consistency with Checklist Criteria

At the time of acquisition, the subject property was determined to be exempt from CEQA requirements under both Sections 15316, and 15325 of the State CEQA Guidelines, the transfer of ownership of the land to preserve open space.

EBRPD has reviewed the proposed improvements required to ready the property for public access as described in this Checklist Amendment and determined these improvements to be categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15311of the State CEQA Guidelines as described below.

i. Section 15301. Existing Facilities. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. Examples include but are not limited to: (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). Maintenance of … wildlife habitat areas,.. stream flows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources. (a) Section 15311. Accessory Structures. Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: a) On-premise signs.

A Notice of Exemption for the former McCosker parcel was filed in February 2016 addressing the proposed public access improvements presented in this LUP Checklist Amendment. The Notice of Exemption identifies the proposed project improvements and documents compliance with CEQA under Section

93 21084 of the Public Resources Code, which requires the CEQA guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA.

Moreover, accommodating public access on existing trails and completing the minor improvements required to ready the site pre-acquisition land use will not result in substantially altering the land or adversely affecting the site resources. Therefore, the uses and improvements recommended in this Checklist Amendment are consistent with these criteria.

B. Land Use Plan (LUP)

1. Checklist Criteria

The parkland that the property is associated with must have an adopted LUP or ILUP and CEQA document.

2. Consistency with Checklist Criteria

A number of planning and CEQA documents have been prepared for Sibley Preserve and adopted by the EBRPD Board. These planning efforts are documented in Attachment F – Prior Planning Studies. Therefore, this Checklist Amendment is consistent with these criteria.

This LUP Checklist Amendment provides a formal planning review focused on additional conditions, particularly with regard to public access and safety, and the protection of biological resources on the property identified as the assessor’s parcel, APN 257-010-006. This LUP Checklist Amendment is intended to supplement prior planning studies. Completion of this LUP Checklist Amendment will provide a formal planning review consistent with the process adopted by the Board of Directors in 2002.

The Notice of Exemption clearly identifies the proposed project elements and their consistency with California Environmental Quality Act (CEQA) under the following sections of the California Administrative Code: Sections 15301- Existing Facilities and 15311 - Accessory Structures.

C. Development

1. Checklist Criteria

Development on the property will be limited to the actions covered in the CEQA document adopted at the time of acquisition.

94 2. Consistency with Checklist Criteria

Accommodating public access on existing trails and completing the minor improvements required to ready the site pre-acquisition land use will not result in substantially altering the land or adversely affecting the site resources. Therefore, the uses and improvements recommended in this Checklist Amendment are consistent with this criterion.

Moreover, a Notice of Exemption for the proposed improvements filed in February 2016 documents that the proposed improvements will not result in substantial alterations to the land or impacts on the resources.

Thus, the improvements proposed in this Checklist Amendment are consistent with these criteria.

D. Land Use

1. Checklist Criteria

Land Uses limited to pre-acquisition use and passive public trail use. No new access. Parkland must be accessible from existing trails.

2. Consistency with Checklist

Criteria Land Use

Trail use described in this Checklist Amendment will be limited to use of existing trails accessible from an existing access off of Pinehurst Road. No uses other than passive public trail use, and pre-acquisition grazing and habitat conservation uses are being considered as part of this Checklist Amendment.

E. Minimal Cost

1. Checklist Criteria

Property opening and ongoing operations and public safety costs must be minimal and able to be accommodated within existing budgets. This determination is to be made by the Unit Manager, the Chief of Maintenance and Skilled Trades, and the appropriate Public Safety personnel.

95 2. Consistency with Checklist Criteria

The McCosker Safety and Security Funds [Project 216201] for $2,000 and Measure WW Development funds from the Sibley/Huckleberry Allocation Area [Project No. 150800] for $53,081 totaling $55,081 have been allocated to implement interim access and safety improvements at the McCosker site.

A description of financial provisions covering the property opening is provided Table 1 – Checklist Amendment Improvement Costs and Table 2 Funding Sources below.

Table 1 – Checklist Amendment Improvement Costs 2 - Vehicular Gates/ 4-Self-Closing Pedestrian Gates 5,400 1-Metal Door with hardware 1,000 Staging area grading and gravel at Pinehurst Rd (10 cars) 7,250 Park Security Camera at the Staging Area 1,500 2-Culvert covers 200 Barb wire fence @ 560 linear feet 22,400 Signage 1,600 Contingency (25%) 9,463 TOTAL $48,813

Table 2 Funding Sources Total Covered Development Actions in the 2,000 Safety and Security Project No. 216201 Total Measure WW Development funds from 53,081 Sibley/Huckleberry Allocation Area Project No. 150800 TOTAL $55,081

Based on this financial assessment, current project costs for the proposed actions can be accommodated with available funding for this site thereby meeting theses checklist criteria.

96 ATTACHMENTS

98 Attachment A Maps & Figures

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101

102

Figure 3 – Site Characteristics Public Access & Safety Improvements - Land Use Plan Checklist Amendment Robert Sibley Volcanic Regional Preserve

Open Culvert Overview of Property Showing Barn in Center Trail Damage due to Landslide

Current Entrance off Pinehurst Road Sink Holes over Failed Culverts Pump House

Park Residence

103 Figure 4 Park Features

McCosker Loop Trail (3 miles)

Park Entry – Wilcox Staging Area @ Pinehurst Road

104

Attachment B Biological Resources

105

106 Special Status Wildlife Species List

CLASS COMMON NAME SCIENTIFIC NAME FEDERAL STATUS1 STATE STATUS1 OCCURRENCE2 Amphibians Frog, California Red-legged Rana draytonii FT SSC P Birds Eagle, Golden Aquila chrysaetos BGPA CFP O/B Birds Falcon, American Peregrine Falco peregrinus anatum Delisted Delisted/CFP P Birds Grasshopper Sparrow Ammodramus savannarum SSC O/B Birds Harrier, Northern Circus cyaneus SSC3 O Birds Kite, White-tailed Elanus leucurus CFP3 O/B Birds Shrike, Loggerhead Lanius ludovicianus SSC3 O/B Birds Warbler, Yellow Dendroica petechia brewsteri SSC P Mammals Dusky-footed Wood Rat, San Francisco Neotoma fuscipes annectens SSC O/B Reptiles Whipsnake, Alameda Masticophis lateralis euryxanthus FT ST K*

1 Status definitions and governing agencies as follows: U.S. Fish and Wildlife Service California Fish and Game Commission FE Listed as endangered by the Federal Government SE Listed as endangered by the state of California FT Listed as threatened by the Federal Government ST Listed as threatened by the state of California FSC Federal Species of Concern SSC Species of Special Concern FC Federal Candidate CFP Fully Protected Species BGPA Bald Eagle Protection act CP Protected Species 2 Occurrence: O=observed during our surveys, K=known to occur, P=potential to occur, U=unlikely to occur, B=breeding confirmed, and R=rare species/migrant, * (CNDDB Record) 3 Rookeries or nesting only 4 Wintering

Source: East Bay Regional Park District 7-31-13

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108

Attachment C Board Policy Resolutions

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116 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO. 2000-3-54 Tuesday, March 21, 2000

APPROVAL OF MODIFIED LAND USE PLAN AMENDMENT PROCESS

WHEREAS, the 1997 District Master Plan provides policies for the preparation and amendment of Land Use Plan Documents including public review and compliance with the California Environmental Quality Act; and

WHEREAS, the District Land Use Plan amendment process follows the same format and procedures involved in the preparation of a full Land Use Plan; and

WHEREAS, the District's current practice is to place newly acquired properties in Land Bank status until a Land Use Plan amendment is prepared; and

WHEREAS, certain newly acquired or Land bank properties round out existing park boundaries or eliminate in holdings providing important open space resources for the parkland but are not anticipated to be used for facility development or restoration; and

WHEREAS, the Board Executive Committee and the Park Advisory Committee have reviewed and recommended a proposed modification to the Land Use Plan amendment process that would allow the establishment of parkland operations in a timely manner; and

WHEREAS, the modified process conforms to the policies of the 1997 District Master Plan including public review and conformance with the California Environmental Quality Act.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors approves a modified Land Use Plan amendment process as shown in Attachment A to the foregoing Board Report ;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 and appropriate to accomplish the intentions of this resolution.

Moved by Director Lane, seconded by Director Siri this 21st. day of March, 2000 by the following vote and adopted:

FOR: Directors Beverly Lane, Ted Radke, Carol Severin, Douglas Siden, Jean Siri, John Sutter, Ayn Wieskamp AGAINST: None ABSTAIN: None ABSENT: None

CERTIFICATION I, Debra Fassler, Clerk of the Board of Directors of the East Bay Regional Park District , do hereby certif y that the above and foregoing is a f ull, true, and correct copy of Resolution 2000-03- 54 adopted by the Board of Directors at a regular meeting held on March 21, 2000 East Bay Regional Park District Naming Policy and Guidelines

117

Adopted by EBRPD Board of Directors on April 20, 2004 Resolution No. 2004-04-73

The East Bay Regional Park District Board of Directors is responsible for the naming and renaming of Regional trails, features, areas, and facilities. Proposals for naming and/or Parks1 renaming may come from any source including Board members, staff, volunteers, organizations and individuals.

The procedure for the naming of a Regional Parks, trails, features, areas and facilities began with the District's establishment in 1934. Naming is a way to remember shared history, to identify local natural resources and to honor individuals. Naming is also a useful way to help park users interpret parkland resources and to orient themselves while visiting the Regional Parks.

Recognition naming after persons living or deceased may be allowed in special cases. The District's preference is to express appreciation for contributions through awards, events, tributes, publicity, commemorative items, mementos and letters of appreciation. The number of features and facilities within EBRPD that may be named is finite. The decision not to accept a naming proposal does not diminish the significance of public service or the gratitude of the District to those who have contributed service or monetary donations.

Naming Policy

Regional Parks, trails, features, areas and facilities will be named after natural features such as plant and animal life, geographic, topographic or paleontological features, or for cultural features such as archaeological and historic artifacts, historic persons, families or events. Existing historically related names shall be respected.

Naming in recognition of persons living or deceased may be allowed only in special cases, and will be considered for substantial or outstanding contributions of service, property or funds to the public good of the East Bay Regional Park District, East Bay Region, Bay Area, State, or Nation. The East Bay Regional Park District is not a venue for corporate or personal advertising. Corporate names will not be considered for Regional Parks or significant geographic features, but in special cases, may be considered for facility or area names.

Staff will maintain guidelines which will include more specific criteria for eligibility and procedure. The EBRPD Board of Directors always maintains flexibility interpreting the policy, and shall have final authority to name parkland features and facilities as it deems appropriate.

All parkland classifications including Regional Trails

118 Administrative Naming Guidelines

Staff will administer the Board's Naming Policy according to the following guidelines. These guidelines may be changed by the General Manager from time to time.

Naming Criteria

Naming of geographic or natural features, Regional Parks and Regional Trails after individuals will be an exception, reserved for those nominations meeting the highest threshold criteria. Recognition naming will more typically be applied to structures, facilities, in-park trails and areas.

Naming is a special recognition that is considered for persons deserving exceptional recognition for their unique, "substantial or outstanding" contributions, which will be evaluated as follows:

• Did the individual's contribution provide a major benefit to the District, or on a local, regional, state or national scale?

• Is the benefit sufficiently enduring so as to be apparent to future generations?

• Has the nominee already been substantially honored with recognition naming in other places, particularly in the East Bay, which would make a proposal redundant?

The District endeavors not to duplicate names within its system. Naming

Process

The name of a new Regional Park will be established in the District Master Plan, although the name may be temporary in nature. Parkland naming will be finalized in an appropriate planning document for the parkland unit or by separate Board Resolution.

The Planning/Stewardship Department will coordinate naming as a part of the preparation and review of planning documents or on a case-by-case basis as requested by the General Manager or Board of Directors. Naming requests will be evaluated as follows:

• Staff will submit naming recommendations for review by the Board Executive Committee. The Executive Committee will make a recommendation to the full Board of Directors. • The Park Advisory Committee (PAC) will review the Executive Committee recommendation and make its own recommendation to the Board of Directors. • In a case where the PAC disagrees with the Executive Committee's recommendation, the recommendation will be returned to the Executive Committee. • The full Board will consider the naming proposal.

Minor naming or renaming for facilities and features will be established by a team led by the Planning/Stewardship Department when requested by the Operations or Public Safety Departments. Any names designated in this manner are temporary and will be reviewed as a part of the next formal planning process for the Regional Park.

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Recognition Naming Process

Naming after persons who have contributed significantly in service, property or monetary donations to the East Bay Regional Park District, East Bay Region, Bay Area, State, or Nation, or naming after elected officials and persons associated directly with the East Bay Regional Park District will be considered on a case-by-case basis.

Recognition naming will be indicated on park brochure maps and may be further described within a parkland at a facility such as a Visitors Center, both to recognize the individual and to further public understanding of his/her contribution. The Planning/Stewardship Department will maintain a database of facilities designated with recognition names.

Recognition for significant monetary or land donations may arise because of an individual gift or as a part of a coordinated fund-raising effort for the facility or area. The individual gift will be reviewed for naming at the time that the gift is received by the Board. The Land Acquisition Department will administer land donations and the Public Affairs Department will administer monetary donations.

Specific fund-raising efforts for new park facilities or structures may contain a naming element in recognition of donors who may fund major costs. "Facilities," in these circumstances, do not include trails. In such instances, the Public Affairs Department will develop a Donor Naming Plan which will include both the specific naming opportunities and the manner of recognition. Review of recognition naming for Donor Naming Plans will follow the same review process as outlined in the "Naming Process" above, although the PAC will provide comments rather than recommendations. If there is a timing constraint with the gift or other impediment that precludes the PAC review, the PAC will be informed of the staff's recommendation.

120 Attachment D Loop Trail and Staging Area Name Recommendation

121

122 Park Facility Naming

The McCosker Parcel Land Use Plan Checklist Amendment to the Robert Sibley Volcanic, Huckleberry Botanic, and Claremont Canyon Regional Preserves Land Use Plan (Checklist Amendment) proposes naming the previously unnamed, approximately three mile road/trail on the project site the McCosker Loop Trail. Also proposed is to name the new ten- vehicle staging area off Pinehurst Road Wilcox Station. Refer to Figure 4 – Park Features. As the improvements apply to interim use of the project site it is possible that the ultimate trail system may be modified in the Land Use Plan Amendment (LUPA) currently underway. However, should the trail system be modified, care will be taken to ensure that the names considered herein will be incorporated into the LUPA.

McCosker Loop Trail. The parcel was once part of the Rancho Laguna de los Colorados Mexican land grant. The McCosker family settled on a portion of this former land grant in the 1860s and are amongst the earliest immigrant families in the area. The purpose of using this name is to remember the McCosker family. This specific road was used by the McCosker family as an access route through their property.

Wilcox Station. The staging area off Pinehurst Road is near where the McCosker children would board the train to Oakland to attend high school and was locally known as Wilcox Station.

In light of this historic connection with the land, naming the loop trail and the staging area after the historic McCosker family and commemorating the place where they boarded the train is appropriate according to EBRPD’s Naming Policy [Resolution No. 2004-04-73 (4/20/04)]. Moreover, both the trail name and the staging area name have been checked against EBRPD’s list of names. Neither the McCosker Loop Trail, nor the Wilcox Station has been previously used at another park. Moreover, EBRPD Resolution No. 2010-9-237 (September 7, 2010) authorizes EBRPD to accept the donation of the McCosker property and funding upon the condition that EBRPD memorialize the McCosker family’s history with the land by naming a trail or other feature of the subject property in their honor.

The background information for these names was provided through the oral interview by Susan Imboden, Interview with Dwayne McCosker Regarding the McCosker Ranch, Sibley Volcanic Regional Preserve, Contra Costa County, California, December 6, 2013, and recommended by Jim Rutledge, Park Supervisor, Sibley Volcanic Regional Preserve and Sarah W. La Belle, Park Planner, Planning & GIS. Ms. La Belle has reviewed the proposed names for consistency with the Naming Policy.

Upon Board adoption of the Checklist Amendment, the following actions will result from this park facility naming: . Planning and GIS Staff will add these names to EBRPD’s list of names to avoid future name redundancy. . The Sibley Volcanic Regional Preserve Park Supervisor will sign the trail and staging area with the assigned name.

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Attachment E Prior Planning Studies

Prior planning analyses resulting in the certification of an IS/MND, and/or the adoption of a land use plan or LUPA, include: . Robert Sibley Volcanic, Huckleberry Botanic, and Claremont Regional Preserves Resource Analysis, June 18, 1985, Resolution No. 1985-06-184 . Robert Sibley Volcanic, Huckleberry Botanic, and Claremont Regional Preserves Final Land Use Development Plan / Environmental Impact Report, September 26, 1985, Resolution No. 1985-09-281 . Land Use Plan Amendment for Huckleberry Botanic Preserve, December 4, 2001 Resolution No. 2001-12-277 . Land Use Plan Amendment for Sibley Volcanic Regional Preserve, December 4, 2001 Resolution No. 2001-12-76 . Initial Study and Proposed Mitigated Negative Declaration for Robert Sibley Volcanic Regional Preserve Land Use Plan Amendment (The Former Stone, Conley, Uhland, Lerman, and Rediger Properties) Contra Costa County, California, November 2004 . Response to Comments and Final Changes to the Robert Sibley Volcanic Regional Preserve Land Use Plan Amendment, Initial Study, and Mitigated Negative Declaration, 2004. . Sibley Volcanic Regional Preserve Land Use Plan Amendment, January 10, 2006, Resolution No: 2006-1-13

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REFERENCES

Association of Environmental Professionals. CEQA Statute and Guidelines. 2013.

Contra Costa County General Plan 2005-2020, Section 8 Conservation Element & Section 9 Open Space Element. January 18, 2005.

East Bay Regional Park District, East Bay Regional Park District Master Plan. 2013

East Bay Regional Park District, Robert Sibley Volcanic, Huckleberry Botanic, and Claremont Canyon Regional Preserves Land Use-Development Plan, September 26, 1985

ENGO, Inc. Phase I Environmental Site Assessment, McCosker Land & Cattle Company Property, Canyon, CA. March 2, 2001

Interview with Dwayne McCosker, Imboden, Susan, Interview with Dwayne McCosker Regarding the McCosker Ranch Sibley Volcanic Regional Preserve, Contra Costa County, California, December 6, 2013

Chicago Title Insurance Company (CLTA), McCosker Title Insurance, September 24, 2010

Also refer to Attachment F for a list of prior planning studies associated with Sibley Preserve.

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! ! LEGAL DIVISION AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

3. LEGAL DIVISION

PUBLIC HEARING

a. An Ordinance of the East Bay Regional Park District Amending Ordinance 38: Rules and Regulations (Love/T. Anderson/Victor)

RECOMMENDATION

The General Manager and the Board Operations Committee (by unanimous vote) recommend approval of the attached amendments to Ordinance 38: District-wide Rules and Regulations.

REVENUE/COST

There is no cost to the District as a result of this action, except minor costs associated with newspaper publication.

BACKGROUND

The Public Safety Division coordinates the biennial review process for proposed changes and amendments of Ordinance 38. The current revision process began in October 2015, and is now complete. Several changes to the Ordinance were proposed by District staff and members of the public.

Over a six-month period, the proposed amendments were reviewed by the Operations/Public Safety Liaison Group, the Assistant General Manager’s Group, District Counsel, and the Board Operations Committee. The proposed amendments were reviewed and approved by the Board Operations Committee on March 17, 2016. The proposed amendments were also presented to the Park Advisory Committee (PAC) for their review and comment on March 28, 2016. This meeting is the third public meeting at which the proposed amendments to Ordinance 38 will be discussed.

At the Board meeting, Lieutenant Alan Love will make a presentation on the proposed amendments to Ordinance 38. The most significant proposals are described below:

130 1. Prohibition of juveniles camping in District campgrounds without adult supervision (Section 400.4(b) Currently, juveniles are allowed to camp overnight in District campsites provided they have a signed letter from their parents allowing the activity. This provision in Ordinance 38 has caused an undue burden on Operations staff and Public Safety staff when parents of the juveniles need to be contacted. At times, parents of the camping juveniles are unavailable to come to the park when requested by staff. By allowing juveniles to camp without adult supervision places a liability on the District for the safety of the juveniles while camping overnight in the District.

2. Length of time for expulsion from the campground as a result of ejection (Section 400.5) In 2010, section 400.5 was added to Ordinance 38 allowing for the removal of campers for rule violations. The length of the expulsion was the remainder of the reservation and forfeiture of funds. The intention of this amendment was to remove campers who violated the law. However, with the ability of campers to immediately make another reservation on-line, it defeated the purpose of this amendment. The proposed language would close this loophole in the language and prohibit campers from continuing to occupy campsites anywhere in the District for 15 days after ejection.

3. Smoke-free Parks Proposal (Section 404.3) In 2015, the Board Operations Committee heard Public Comment regarding smoking in the East Bay Regional Park District. As a result of the comments, a working group was established to evaluate the possibility of implementing a “no smoking” policy within the District. As a result of the working group’s efforts and series of reviews and input from staff, and the Board Operations Committee on March 17, 2016, the language was finalized to prohibit smoking in the District with the exception of inside overnight campsites. On March 28, 2016, the Park Advisory Committee (PAC) reviewed and approved the revisions. The PAC also recommended that staff review and reexamine the smoking exemption during the next Ordinance 38 review period in 2018. A White Paper on Smoke Free Parks is attached to this staff report.

4. Unmanned Aircraft System (UAS) or “Drone” (Section 409.3) The improvement and affordability of Unmanned Aircraft System (UAS) also known as “drones” for hobbyists has increased the frequency in which they appear in the District. The increased activity has caused concern from the public and staff, specifically the Air Support Unit. Currently, under Ordinance 38 Section 409.3, model airplanes are prohibited except in areas set aside by the Board of Directors. Section 409.3 does not specifically address the use of UAS aka “drones” within the District. This proposed amendment would prohibit the use of UAS aka “drones” in the District.

5. Prohibition of seasonal alcohol at Quarry Lakes Regional Recreation Area Currently, alcohol is prohibited at Quarry Lakes Regional Recreation Area between April 1 and October 31, except in reservable group picnic areas with a permit. However, during the months of November through March, alcohol is permitted in the picnic areas. This ambiguity of time makes education and enforcement difficult for staff. The proposed amendment would bring Quarry Lakes Regional Recreation Area in line with other parks that previously allowed seasonal alcohol, establishing a yearlong prohibition unless in a reservable group picnic area allowed by permit only.

131 6. Repeal of marijuana smoking amendment (Section 416) In 2012, Section 416 was added to Ordinance 38 which outlined the areas in the District where medicinal marijuana was prohibited from being smoked (within 1000 feet of developed park areas). If proposed amendment Section 404.3 is accepted, it will be in conflict with this section. The intention was to remove the areas where smoke would impact most park users. Since Section 404.3 prohibits the smoking of any material except in overnight campsites, this section becomes unsound.

7. Removal of boardsailing to include kite assisted board sailing from Horseshoe Lake at Quarry Lakes Regional Recreation Area from (Section 501.4) This amendment would remove boardsailing and kite assisted boardsailing from Quarry Lakes Regional Recreation Area. As there is no specified area that would accommodate this activity, the activity would need to compete with trolling boats for fishing, rowing, kayaking, and/or float tubes, creating conflict.

8. Commercial Dog Walker Restrictions (Section 801.11) The current number of dogs allowed to be walked at one time under the Commercial Dog Walker Permit is six. The number of dogs is limited so commercial dog walkers, or those who wish to walk more than three dogs, can maintain control of the group. Each commercial dog walker can obtain up to five supplemental permits for their employees. However, as commented by staff, groups of commercial dog walkers meet in the parks bringing multiple groups of dogs together. This creates a large number of dogs who can be walked together either on or off leash. This amendment would limit the number of dogs in a group to be a maximum of six. This would provide better control of the dogs and result in less damage to the ecology of the park created when large groups of dogs run together.

ALTERNATIVES

None recommended.

132 EAST BAY REGIONAL PARK DISTRICT

ORDINANCE NO.: 2016 – 04 –

April 19, 2016

AN ORDINANCE OF THE EAST BAY REGIONAL PARK DISTRICT AMENDING ORDINANCE 38: RULES AND REGULATIONS

WHEREAS, the General Manager and the Board Operations Committee have recommended changes to Ordinance 38 to govern public use of regional parklands and protect park resources; and

WHEREAS, the specific changes to Ordinance 38 are noted in this Ordinance by crossing out language to be deleted and additions in bold italicized text; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the East Bay Regional Park District that Ordinance 38 is amended as follows:

Section I: Section: Text: 400.4(b) No person who is a juvenile shall camp in parklands except as follows: … (b) A juvenile who furnishes to the local park unit the written consent of and the full name, residence and telephone of parent or guardian. Such written consent shall contain the inclusive date and park location applicable. 400.5 All persons at a campsite may be removed if there is a violation of state law, this Ordinance or campground rules at the campsite. The period of expulsion shall be for the full period remaining on the camping reservation or permit. For 15 days following removal, the person removed may not reserve or occupy a campsite within the District. Persons removed are not eligible for refunds for unused camping, vehicle or other fees. It shall be unlawful to refuse to vacate a campground and leave District parklands when requested under this Section. 404.3 Smoking is prohibited in the East Bay Regional Park District with the exception of in overnight campsites. “Smoking” means inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette, weed, plant or other combustible organic or chemical substance, the smoke from which is specifically designed or intended to be inhaled or drawn into the nose or mouth. In addition “smoking” for the purpose of this Ordinance includes the use of any vapor device, of any product name or descriptor, which releases gases, particles or vapors into the air as a result of combustion, electrical ignition or vaporization intended to be drawn into the nose or mouth (excluding any United States Food and Drug Administration approved nebulized medication).

133 409.3 MISCELLANEOUS ACTIVITIES. No person shall engage in any of the following activities within the District except in areas specifically designated and set aside from time to time by the Board for such activities…. Operate self-propelled (motor driven) Unmanned Aircraft System (UAS aka "drone"), model air-plane aircraft, boats, automobiles or other model craft of any kind or description, or fly any UAS closer than 500 feet above District parklands or within non-navigable airspace above District parklands, as defined by Federal regulations; 416 No person shall smoke marijuana, as defined in Section 11018 of the Health and Safety Code, within 1000 feet of a developed area within District lands. For the purposes of this section, developed areas are defined as any public road, lawn or play field, deck, parking lot, picnic area, campground, group camp, concession area equestrian center, archery facility, gun range, paved multi-use Regional Trail, beach, swim area, swimming pool or any other area specifically designated from time to time by the Board as so restricted. (added 4/12). 501.4 Board Sailing. Board sailing, including kite assisted board sailing is currently permitted only at Del Valle Lake, Shadow Cliffs, Contra Loma Lake, Horseshoe Lake at Quarry Lakes, and at shoreline parklands using the water of San Francisco Bay. Use is restricted to one person per sailboard. Kite launching and landing at Crown Beach may only take place between the signs located at the Windsurf/Kitesurf building and South of the building (at Shellgate Road, about 500 yards). 503.8 Special Use Area; Sail Boards. No person shall operate any windsurfing board or sail board within any designated swim area or swim area marked by buoys or roped off. However, except as otherwise designated by the Board and notwithstanding the provisions of subsection 503.7, sail boards and/or windsurf boards are allowed within 100 feet of the boundaries of a designated swim area subject to the following restrictions. a) Boards without an attached sail cannot be used. b) No more than one person on a board at the same time. 801.11 Commercial and Non-Profit Dog Walkers (I). Any person who walks or exercises a dog or pet for a fee or who wants to walk more than three (3) personal pets must obtain and have in their possession a revocable annual permit from the General Manager or his/her designee to use designated District lands for this use. Such permits shall contain: a) Provisions that limit the number of dogs that can be walked either on or off leash at any one time. Two or more permit holders may not walk together if the combined number of dogs would exceed six (6). 800.3 Except as otherwise posted, a valid State of California fishing license and a valid District fishing permit shall be required for all persons over the age of 16 years. Every person while engaged in taking any fish, mollusk, invertebrate, or crustacean reptile, shall display their State Fishing License and District fishing permit by attaching them to their outer clothing at or above the waistline so that they are plainly visible. 902.1 General. Except as provided in section 902.3, no motor vehicle as defined in section 902.2 may be operated within District Parklands except on established paved roads which are open to the public.

134 902.2 Definition. A motor vehicle is any vehicle or device that is self-propelled by means of an internal combustion engine or electric motor, used to transport a person or property. Motor vehicles include, but are not limited to passenger cars, motorcycles, off-road vehicles, “dirt-bikes,” all-terrain vehicles, motorized skateboards, “Go-peds,” motorized scooters, self-balancing electric scooters aka “hover boards”, "Segway’s," and similar vehicles. 902.3 902.3 Exceptions. a) This section shall not apply to authorized emergency vehicles. b) This section shall not apply to areas, roads, trails, or paths which may from time to time be set aside or posted by the Board for the use of specifically designated vehicles. c) This section shall not prohibit the use of gasoline or electrically driven golf carts upon golf courses within the District parklands. d) This section shall not apply to electric powered wheel chairs, electric scooters, or electric powered bicycles other power-driven mobility devices used in conformity with the District policy on use of other power-driven mobility devices, while being operated by a person with a medical condition or mobility disability, which impairs normal mobility.

Attachment “A” Specific Parks or Areas of Parks with Bicycle Restrictions * (revised 7/14)

Bicycles Not Permitted on Narrow Hiking/Riding Trails, except allowed as follows: Designated sections of Section of Skyline National Heron Bay Trail and Swallow Lafayette Ridge Trail and Recreation Trail between Sibley Bay Trail in Del Valle the Hayfield Trail in Briones Staging and Old Tunnel Road within Sibley Regional Preserve Zeile Creek Trail in Garin Bay Leaf Trail and the North Brandon Trail in Lake Chabot Ridge Trail (between markers 34 & 37) in Pleasanton Ridge Panorama Trail in Mission Clyma Trail in Morgan Territory Briones Crest Trail (north of Peak Deer Creek Trail) and the Blue Oak Shortcut Trail in Briones Brushy Peak Loop Trail in Hulet Hornbeck Trail in Edwards Loop, Wood Rat, Brushy Peak Carquinez Shoreline Soaring Eagle, Warep, Two Peaks Trail, Goldfinch, Tree Frog Loop and Sugar City Trails in Crockett Hills Vollmer Peak Trail in Red Tail Trail in Anthony MacDonald to Grass Valley, Tilden Chabot and Grass Valley from the aforementioned to Bort Meadow Group Camp Towhee Trail in Anthony Tassajara Ridge Trail Ridgeline Trail in Pleasanton Chabot Ridge

135

Smoke-free Parks Proposal White Paper

EBRPD Police Lt. Alan Love, Shoreline Unit Manager Kevin Takei & Parkland Unit Manager Dan Sykes 3/28/2016

This paper will examine the benefits and challenges, and proposal associated with implementing designated smoking areas within the East Bay Regional Park District.

136 I. Introduction

This paper will examine the desire of the Board of Directors for the East Bay Regional Park District, Operations Committee to examine the plausibility of a Smoke-free Parks amendment to East Bay Regional Park District Ordinance 38.

II. History and Background In early February of 2015 Allison Chan, the Clean Bay Campaign Manager for Save the Bay contacted Chief of Parks Mark Ragatz to ask if a smoking ban to protect people from harmful secondhand smoke and help to prevent cigarette butt litter from polluting our open space and waterways could be enacted at the Park District. In an email to Chief Ragatz, she asked if the Board Operations Committee would support a system wide policy to make all EBRPD parks 100% smoke free. Chief Ragatz had it added to the agenda of the February 19th Board Operations Committee meeting. At that meeting Allison and supporters from Americans for Non-Smokers Rights and the American Lung Association spoke, requesting that the District adopt a no smoking policy. Directors Sutter, Siden and Burgis were at the meeting and agreed to ask staff to look into this proposal. On March 20, 2015 Chief Ragatz asked Shoreline Unit Manager Kevin Takei to take the lead on developing a proposal from the Operations Division perspective and asked him to contact Lt. Alan Love for the Police Department perspective as this would be a change or addition to our Ordinance 38. Mr. Takei also asked Parkland Unit Manager Dan Sykes to be on a Working Group to help research and come up with a proposal. Mr. Takei met with a group comprised of Allison Chan - Save the Bay, Liz Williams – Americans for Non-Smokers Rights, Denise Dennis and Marcia Brown-Mack - Contra Costa County Tobacco Prevention Project, Alex Nelson – American Lung Association and Tanya Bustamante - City of Berkeley on June 26, 2015. That group shared their experiences with getting cities to ban smoking and the various ways the smoking ban exists in their city and other cities. They presented evidence on the littering effects of cigarette and e-cigarettes on the environment and talked about the benefits of smoke-free workplaces and parks. They also provided support and information on how to get the initiative completed. The District Smoking Ban Working Group was comprised of Unit Managers Takei and Sykes and Lt. Love, who met on June 29, 2015 to talk about the proposal, the timeline and the beginnings of what such an ordinance could look like. It was further discussed at Chief Ragatz’ Unit Managers meeting on July 21, 2015. At that meeting it was decided that it should be reviewed at a Joint Police and Park Operations meeting. The Working Group met again on August 3, 2015 and came up with 4 options: 1. Smoking prohibited within the entirety of the East Bay Regional Park District 2. No smoking within the East Bay Regional Park District except in designated areas,

137 3. No smoking except designated areas for employees only and 4. No restrictions It was also agreed that this should be called a Smoke-Free Parks proposal and not a smoking ban proposal. On August 5, 2015 the Working Group presented the proposal to the Joint Police and Park Operations meeting and it was agreed this proposal would be a part of the Ordinance 38 review process. At that meeting by narrow consensus it was decided that the proposal should be Option 2 – No smoking except in designated areas. The Smoke-free Parks proposal Working Group was asked to prepare a document that could be presented to the AGM’s meeting. On February 9, 2016, the language of the smoke free parks was presented as an Executive Brief to the Assistant General Managers Group. There was a lot of discussion in regard to allowing designated areas in the Ordinance language and not being more specific on the areas prohibited in Option 2. At the direction of the AGM Group, the language was further restricted to exclude all areas of the District with the exception of the campgrounds and employee areas out of public view. Additionally, there was direction from the AGM group to conduct further research as to the policies of the National Park Service, the California State Parks and the Midpeninsula Regional Open Space District. On March 17, 2016, the Smoke Free Parks proposal was brought before the Operations Board Committee. After much discussion, it was recommended by the committee to add the word “overnight” into the language; specifying the difference between day use and overnight campsites. With the amendment to the language, the Board Operations Committee voted to move the amendment forward. On March 28, 2016, the Smoke Free Parks proposal was presented to the Park Advisory Committee as a part of the Ordinance 38 amendments by Lt. Love. The Park Advisory Committee heard public comment and asked questions to Lt. Love. After much discussion, the Park Advisory Committee approved the Ordinance 38 ammendments, but requested that the exception for smoking in overnight campsites be removed in two years as Ordinance 38 would again be reviewed in 2018.

III. Need The need to examine the Smoke-Free Parks Proposal was initiated by Director Sutter to have staff investigate and determine the need for the prohibition of smoking within the East Bay Regional Park District. During their presentation to the Board Operations Committee, Save the Bay and the American Lung Association made the recommendation that smoking of any substances be removed from the East Bay Regional Park District. Save the Bay’s concerns are about the amount of garbage and debris resulting from discarded cigarette butts. “Every year, millions of toxic, plastic cigarette butts are littered in our region and

138 flow into the Bay, polluting our water and endangering wildlife. Cigarette butts are the #1 form of litter collected during Coastal Cleanup Day.”i

They also raised the issue that cigarette butts harm the wildlife that lives in the East Bay Regional Park District. “Millions of the more than 3 billion cigarette butts littered annually wash into the Bay, polluting our water, harming wildlife, and costing taxpayers millions to clean up” (savethebay.org, n.d.).

In speaking with Operations Staff, cigarette butts are a concern when cleaning up litter within the parks. Currently, California law prohibits smoking in certain situations and locations:  Smoking with a minor in the vehicle is prohibited.ii  Smoking is prohibited within 25 feet of “Tot lot sandbox areas” and “playgrounds.” iii  Smoking is prohibited within the workplace.iv  A juvenile in possession of tobacco products is illegal.v  Smoking in designated areas of publicly owned places while a meeting is in process is prohibited. vi  It is a violation of law to dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a “tot lot sandbox area.”vii  The East Bay Regional Park District prohibits the smoking of marijuana, as defined in Section 11018 of the Health and Safety Code, within 1000 feet of a developed area within District landsviii or as prohibited and posted during declared fire season.ix

The American Lung Association’s concern was that the allowance of smoking is counter to the “Healthy Parks, Healthy People” initiative as smoking has been proven to be a serious health concern. According to the U.S. Surgeon General, secondhand smoke exposure is harmful at any level. While California state law only restricts smoking within 25 feet of tot lots and playgrounds, municipalities are specifically authorized to pass stronger laws to prohibit smoking within all recreation areas.

Several other communities bordering the East Bay Regional Park District have adopted smoke- free ordinances. As of June, 2015, there were 351 municipalities in California that have restricted smoking in at least some recreation areas beyond state law. The majority of the parks and trails operated by East Bay Regional Park District border or run through cities that prohibit smoking in all recreation areas.

The cities and counties bordering the East Bay Regional Park District that restrict smoking in all recreation areas are: Alameda El Cerrito Piedmont Alameda County Emeryville Pinole Albany Fremont Pittsburg Berkeley Hayward Pleasant Hill Clayton Lafayette Richmond Contra Costa Livermore San Leandro County Martinez San Ramon Danville Oakland Union City Dublin Oakley Walnut Creek

139

The California State legislature has stated the following regarding smoking:

Smoking is the single most important source of preventable disease and premature death in California. More than 30 percent of coronary heart disease cases are attributable to cigarette smoking. More than 30 percent of all annual cancer deaths are attributable to smoking, with lung cancer now the leading cancer killer in women as well as men. Smoking is responsible for one-quarter of all deaths caused by fire. Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokersx

National Park Service

The National Park Service, under the Department of the Interior, prohibits smoking except in designated areasxi. The specific areas are listed to include:

 Any non-shared residential accommodation for persons and families leased or rented by the Federal Government.  Outdoor parking lots or sidewalks, unless the location violates the provisions of 4.1.1.  Space assigned in its entirety to other agencies, where such other agencies permit smoking.  Such places as designated in writing by the regional director or center manager, upon a finding that the exception thus created does not threaten park resources, increase the risk of fire, make it more likely that employees and/or the public will be exposed to environmental tobacco smoke, , or create a conflict between employees and the public.

The California State Park System

A bill has been passed by the California State Senate (SB 1333) and is working through the State Legislature to add 5008.9 (b) to the California State Resource Code which would prohibit the smoking of cigars, cigarettes, or other tobacco related products on state coastal beaches.xii Smoking is also prohibited in area of extreme fire hazards in the California State Parks.xiii

The Midpeninsula Open Space District

The Midpeninsula Open Space prohibits smoking except in designated areas. According to Michael Newburn, Operations Manager, the General Manager has the authority to designate smoking areas within the District. There are currently no designated smoking areas with the exception of employee areas.xiv

IV. Proposed Recommendation

In researching a solution to the issue, several factors were considered in relation to creating a “Smoke-free Parks” Ordinance amendment. The first was to establish clear language regarding smoking within the East Bay Regional Park District. To accomplish this task, the following reviewed language is proffered:

Suggested Ordinance 38 language:

140

Smoking is prohibited in the East Bay Regional Park District with the exception of in overnight campsites. “Smoking” means inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette, weed, plant or other combustible organic or chemical substance, the smoke from which is specifically designed or intended to be inhaled or drawn into the nose or mouth. In addition “smoking” for the purpose of this Ordinance includes the use of any vapor device, of any product name or descriptor, which releases gases, particles or vapors into the air as a result of combustion, electrical ignition or vaporization intended to be drawn into the nose or mouth (excluding any United States Food and Drug Administration approved nebulized medication).

The determination of designated smoking areas is also a logistical concern as each park has so much to offer and there is much to take into consideration. The recommendation of the working group is that designated smoking areas for employees are to be determined by the individual Park Supervisors with approval of the Unit Manager. Upon appeal, the ultimate approval will rest with the Chief of Park Operations or his/her designee. Additionally, the working group offers the following recommended criteria to be considered when identifying an employee smoking area:

 Location must be in accordance with existing California Law.  Locations should be 20 feet away from building entrances, doors, and air intake areas.  Locations should not interfere with normal park usage by the non-smoking members of the public (e.g. reservable picnic areas, fishing piers, campsites).  Locations should be out of the paths of travel for the non-smoker.  Receptacles for smoking materials must be contained within the designated smoking area.  Designated areas must not be in high fire danger areas.  Areas must be in accordance with the American with Disabilities Act.  Areas must be a minimum of 250 feet away from a waterway (e.g. lake, creek, or shoreline) to reduce or eliminate the possibility of smoking debris entering the waterway.  The prevailing winds and the direction of the smoke.  Smoking areas should be defined as a reasonable distance of no more than 20 feet from the smoking material receptacle.

V. Benefits The Working Group recommends that the Park District use the strategy outlined in this white paper due to the following benefits that the District would derive from it. The proposed strategy, in brief, is an overarching prohibition on smoking and the use of "vaping" device in all East Bay Regional Parks, codified by amending Ordnance 38, with the exception of campsites and carefully chosen, designated smoking areas for employees out of public view.

The recommended approach is responsive to public desires for a smoke-free park environment and a reduction in exposure to second-hand smoke in public areas, and would also discourage smoking-related litter from coming into the parks. This strategy draws on the examples of neighboring jurisdictions and park agencies throughout the San Francisco Bay Area that are fairly restrictive, but some of which allow some smoking in designated areas. In addition

141 to prohibiting smoking, the District's proposed new ordinance section would prohibit vaping devices, which are promoted as a safer alternative to smoking, but are still used to inhale a chemical and which may have second-hand effects on non-smokers, because the potential health effects of the chemicals in the vapor are not well documented.

The proposal is consistent with the East Bay Regional Park District's promotion of the "Healthy Parks Healthy People" program, yet compassionate because it allows smoking in designated areas for staff who smoke, acknowledging that tobacco use is addictive and cannot be quit immediately.

The District's approach to smoke-free parks would be progressive; beginning with an educational timeframe. After the implementation of the Ordinance amendment, it would be treated as any other violation of Ordinance 38.

Overall, the benefits of this proposed approach to the District's Smoke-free Parks program would be that it is a well-reasoned, compassionate policy approach that is responsive to public health concerns, a desire for reduced exposure to second-hand smoke and reduction of smoking related litter.

VI. Evaluation

The evaluation of the program will take into account the public’s response, staff time, calls for service to the police department, and a review of any additional subsequent legislation. The program’s success will be determined by the acceptance and support of park visitors and staff, a reduction in smoking related litter, and the positive image of the East Bay Regional Park District.

The program’s failure will be determined by the public’s disregard of the new amendment to Ordinance 38, no change in smoking related litter, or a negative view of the District by the public in relation to smoking.

If desired, in July of 2017 (a year after implementation), staff can provide a status report from Operations and Public Safety regarding the successes of the program if desired by the Board of Directors. At the direction of the Board of Directors, a more detailed survey can be completed to answer specific questions about the program. To complete this survey, there will be additional costs associated with this data collection, which is not addressed in this paper.

This program can be continually reviewed as part of the Ordinance 38 review process.

VII. Cost

The initial cost of the program will be the printing and erection of signs advising of the change in Ordinance 38 as well as designating smoking areas. The estimated categories for hard costs are as follows:

 Temporary Signs advising of the coming change to Ordinance 38 as a part of public education estimated at $3,000 (600 signs @ $5 per sign).

142  Permanent Signs designating Smoking Areas and Smoke-free Parks Ordinance is estimated at $7,000 (350 signs at $20 per sign).  Cigarette Butt receptacles estimated at $2500 - $7500 (50 locations @ $50-$150 per receptacle) based on the style of the unit  Permanent Designated Smoking Area Signs are estimated at $1,000 (50 signs at $20 per sign).

Sample Cost Estimate Temporary Signs $5 600 $3,000.00 Permanent Signs $20 350 $7,000.00 Cigarette Butt $50- Receptacles $150 50 $ 2500 - $7500 Smoking Area Signs $20 100 $ 1000.00

The total cost estimate is $13,500-$18,500 plus the cost of labor. The number of designated smoking areas will ultimately affect the total cost associated.

The operational cost for staff to install the signs, and for the police department to enforce and educate are arbitrary and cannot be accurately forecasted. Salary and benefits for a Park Ranger II is calculated at $52.64 per hour and an officer’s salary and benefits are calculated at $73.41.

There is no appropriate estimate for the number of calls the Police Department may respond to or the time spent responding to calls of this nature.

i https://www.savesfbay.org/secure/cigbutthotspots ii California Health and Safety Code Section 118948 iii Ibid. Section 104495 (b). iv California Code of Regulations Section 5148 and California Labor Code section 6404.5 v California Penal Code 308 (b) vi California Health and Safety Code Section 118885 vii Ibid. Section 104495 (c) viii East Bay Regional Park District Ordinance 38-416 ix Ibid. Section 404.2 x California Health and Safety Code Sections 104350 (a) 1-5). xi US Department of the Interior, National Park Service Director’s Order #50D: Smoking Policy; effective June 29, 2009. xii California State Senate Bill 1333 xiii California Code of Regulations Section 4311. xiv Midpeninsula Regional Open Space District Regulation 404.2

143 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

4. BOARD AND STAFF REPORTS

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

City of Alameda – Seaplane Lagoon Ferry Terminal

On April 11, 2016, the City of Alameda adopted an addendum to the previously certified Environmental Impact Report (EIR) for the Alameda Point Project and a Memorandum of Understanding between the City of Alameda and The Water Emergency Transportation Authority (WETA) for a new ferry terminal at Seaplane Lagoon. The new ferry terminal would be within the Site A development of the former Alameda Naval Air Station (NAS) and would be partially funded by the project developer, Alameda Point Partners. The City of Alameda entered into a Disposition and Development Agreement (DDA) with Alameda Point Partners in June 2015 that proposes approximately 800 residential units and 600,000 square feet of commercial space on 69 acres of the former naval air station. The project would include a Waterfront Park and a portion of the Bay Trail that will eventually connect the new development and ferry terminal to existing and planned segments of the Bay Trail. The District currently owns and operates the Alameda Point Shoreline Trail to the east. The Alameda NAS Reuse Plan includes planned segments of the Bay Trail that will connect the existing Alameda Point Shoreline Trail through the proposed development area, around the edge of the former air station and to a future park within the Northwest Territory of the property.

Metropolitan Water District of Southern California – Delta Wetlands

On March 8, 2016, the Board of the Metropolitan Water District (MWD) of Southern California authorized the acquisition of four Delta islands in Contra Costa, Solano, and San Joaquin counties. Two of the islands, the Holland Tract and the Webb Tract are located within the District’s jurisdiction in eastern Contra Costa County. The Holland Tract consists of approximately 4,100 acres located northwest of the District’s recent Nunn acquisition. The Webb Tract consists of 5,400 acres located north of Franks Tract State Recreation Area. MWD, the largest water provider to Southern California, hasn’t provided any plans for the islands but has indicated that they could be used to facilitate possible construction of the proposed Delta Tunnels and habitat restoration. MWD released a statement on Monday, April 11th, that the agency had formally signed an agreement for the acquisition estimated at $175 million.

145 GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

5. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Acting Facilities Manager Michael McNally will be presenting an overview of the Office Services department and upcoming projects at the administration building and the Trudeau Training Center. Office Services provides facility services which includes switchboard and reception, mail room, copy room, and Central Stores.

GM COMMENTS Public Safety From February 16 to March 16, 2016 the Public Safety Division handled 675 service calls and 492 total incidents. Highlights are included below.

Police There were 43 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 308 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 293 field interviews (contacts without citations or arrests) and contacted 10 people on probation or parole to conduct compliance checks.

• Anthony Chabot: On February 22, an officer was dispatched to the report of a dispute at one of the campsites. The subjects were interviewed and one was arrested for domestic assault and served with an Emergency Protective Order to cease contact with the victim.

• Bay Point: On February 24, officers attempted to contact a subject on a bicycle for a violation when the subject fled. After a short foot pursuit the suspect was detained and arrested for evading a peace officer.

• Crown Beach: On February 20, officers and investigators responded to a report, from a local college, regarding an assault that took place at Crown Beach on February 18 and 19. The investigation is ongoing and being looked at as an attempted murder.

147 • Iron Horse Trail, in Concord: On February 17, an officer responded to the report of assault with a deadly weapon. The suspect threatened two park rangers and threw pliers and food at staff while they were opening a gate. The suspect, who is known to park staff and police, was arrested.

• Lake Chabot: On March 16, officers responded to the report of lost hikers after dark. Officers searched and located the hikers who were safe and did not require medical attention. They were transported back to the parking lot.

• Lake Temescal: On March 13, an officer contacted two occupants of a motorhome. The vehicle had expired registration tags and the driver was in possession of methamphetamine. During the contact one subject had a seizure and was transported to the hospital for treatment.

• Martin Luther King Shoreline: On February 20, an officer was flagged down by a City of Oakland worker who reported that a victim of an armed robbery was nearby. The officer located the victim and obtained suspect information. The investigation is ongoing.

On March 6, an officer contacted two occupants of a vehicle for expired registration. Both persons were on probation and were searched. The passenger was in possession of several baggies of cocaine and was arrested for possession of a controlled substance for sale and as a felon in possession of tear gas. The other occupant was cited for possession of a controlled substance and released.

• Martinez Shoreline: On February 24, an officer contacted two subjects on a bridge. One subject, who was inebriated and could not walk without assistance, was arrested for disorderly conduct and taken to jail without incident.

On March 3, a park user located a grenade on the beach. Officers and the Walnut Creek Police Department Bomb Squad were called to render the device safe.

• McLaughlin Eastshore State Park: On March 15, a park user reported that a person had approached her and made inappropriate physical contact. Suspect information and a partial license plate number was given to officers, but the suspect was gone upon arrival.

• Out of Park, in Hayward: On March 12, Eagle 6 assisted Hayward Police in a high-risk vehicle stop. Hayward Police took the suspect into custody without incident.

• Pleasanton Ridge: On February 21, an officer responded to the report of a dog bite victim. The victim was taken to the hospital for treatment of wounds to her leg. The dog owner was cooperative and provided necessary paperwork for his dog and the report was forwarded to Animal Control.

• Tilden: On February 24, an officer contacted the occupants of a vehicle that was parked blocking a fire gate. The vehicle was determined to be stolen out of Concord and had been recently painted a different color. The driver was arrested for possession of a stolen vehicle and the passenger was released on scene.

148 Fire Operations • Alameda Creek Trail: On March 7, firefighters and park staff removed a large Monterey Pine tree that had fallen onto a vehicle. The driver was uninjured, but the vehicle sustained major damage.

• Big Break: On March 8 and 10, firefighters provided medical standby for three hundred Oakley middle school science camp students.

• Contra Loma: On March 11, firefighters provided medical standby for 600 Oakley middle school science camp students.

• Outside of Parks: On March 7, two firefighters represented the Park District at a Berkeley High School Job Fair, presenting information about the District’s Fire Department.

• Temescal: On February 17, 24 and March 2, firefighter cadets participated in an Introduction to Wildland Fire Behavior and firefighter training at the Beach House.

On March 9 and 17, firefighter cadets participated in a Hazmat First Responder Operations training at the Beach House.

Medical • Firefighters responded to two bicycle accidents throughout the District.

Fire Fuels Management • During the months of February and March, firefighters and crews burned brush piles at Anthony Chabot and Tilden Park. The burns are part of the Department’s on-going efforts to maintain fuel break areas and promote habitats for native species.

• On March 15, firefighters and Napa California Conservation Corps crews began a ladder fuel reduction project using Western Wildland-Urban Interface (WUI) grant funds.

• On March 17, a contract to thin and remove twenty-four eucalyptus trees within RTA T1008, part of the Western WUI grant, was completed.

Lifeguard Service • On February 19 – 21, two administrative staff participated in a Rescue Watercraft course in Morro Bay, CA.

• On February 23 and March 14, administrative staff taught a CPR/AED and First Aid certification class for 40 park staff.

• On February 27, administrative staff provided radio training to the Volunteer Trail Safety Patrol.

• On March 2, 10 and 17 administrative staff participated in the District sponsored Safety Academy and presented on bloodborne pathogens to in-house staff.

149 • On March 5, staff presented on Sun Safety and the use of a UV camera filter, to 20 future leaders, at Cosumnes Service District Leadership Academy in Elk Grove, CA.

• On March 5 and 12, staff facilitated two CPR/First Aid classes for 25 Boy Scout participants.

• On March 5, 12 and 19, staff hosted three Pre-Test Workshops to assist seasonal lifeguard candidates with the Regional Parks lifeguard physical test.

• On March 8 – 10, the Lifeguard Service Manager presented an in-water session on in- service training and benchmarks for seasonal staff at the Association of Aquatic Professionals conference in San Diego.

• On March 10, administrative staff presented on water safety and drowning prevention to 60 students at a Career Day at Oakland International High School and to 600 students at Marsh Elementary School in Antioch.

• On March 11, the Lifeguard Service Manager presented on benchmarks for seasonal staff at the California Parks and Recreational Society State Conference in Long Beach.

• On March 15, staff hosted the Bay Area Public Pool Operators Association March meeting at the Temescal Beach House.

• On March 16, staff received roughly 130 returning applicants, and 100 new applicants by the hiring deadline.

150 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

7. BOARD COMMITTEE REPORTS

a. Operations (Thursday, January 21, 2016) (Sutter)

Present

Board: Directors John Sutter (Chair), Doug Siden, Ayn Wieskamp

Staff: Jim O’Connor, Alicia Gonzales, Mimi Waluch, Denise Valentine, Noah Dort, Alan Love, Mark Ragatz, Kelly Barrington, Christina Garcia, Ira Bletz, Mark Pearson, Jeff Manley, Shelly Miller, Eri Suzuki, Anne Kassebaum, Scott Possin, Kevin Takei

Guests: Rick Rickard, James Binney, Dwayne Gordon, Lisa Therman

Agenda Item 1: Discussion of Special Event Expansion Proposal Two Day Town: Del Valle Regional Park

Business Services Manager Mimi Waluch provided a brief history of the Two Day Town event and introduced Ms. Lisa Therman and event staff members to the committee. Ms. Therman expressed the interest of expanding the event and is seeking direction and consideration from the Committee on how to proceed. The primary challenge is the lack of parking. Two Day Town would like to expand to the campground facility across the road from the west shore facility, which is already utilized for the event. They would also like to post brochures at District kiosks prior to the event in order to expand and promote the concept of “Leave No Trace”, which is a large contributor to the success of the event.

Director Sutter inquired on the suggested proposal for the parking. Ms. Therman replied they would like to request to use the campground and overflow parking in adjacent group campgrounds for additional parking.

Director Wieskamp requested to hear comments from staff on the proposed request. AGM O’Connor indicated that staff is seeking a written proposal for the requests for the event. Ms. Waluch indicated that Two Day Town has rented certain camping and parking sites and has engaged Public Safety Services for the event over the years. Acting Reservations Supervisor Eri Suzuki recalled the event has grown over the years and currently begins with the first group of volunteers arriving on the Wednesday prior to the event. The group pays for a District Public Safety officer, lifeguard staff, ranger staff and a sanitation trailer. The group reserves four picnic sites on the west side of the park and camps in the parking area near the sites. Tents are set up on the edge of the reservable picnic site. Some group camp sites are also reserved.

152 AGM O’Connor stated the issue is that the group is requesting to expand and have exclusive use of the park beyond the traditional reserved areas. The extension of the parking across the road impacts the rest of the park. Park Supervisor Shelly Miller indicated that the group rents three other campsites that come with free parking, but that parking has not yet been fully utilized. AGM O’Connor pointed out that the question is: do we allow expansion into additional areas the park and further restrict public use? The setup time and the event days, as described by Two Day Town staff, would expand the event to five days.

AGM O’Connor asked Ms. Therman what the exact request would be. Mr. James Binney responded that the group is looking to be able to use the Eagles View site for parking. If the site was rented as a group camp, it only allows 10 parking spaces and the gate locks at 8:00 p.m. This space would not be beneficial to park cars, as most of the people leave after 8:00 p.m. Instead, the group would like to use the site for campers and shuttle people to the site.

Director Siden inquired if the request for use was for the entire park. AGM O’Connor responded this is why we are requesting a written proposal; so we can review and work through it with staff. At this point it sounds like the campground is the expansion use. Ms. Miller stated her belief is that the group would like the forty parking spaces in Eagle View, but it only comes with 15 park spots when reserved.

Director Sutter inquired how this accommodation would impact park users. Ms. Miller stated those spaces would become unavailable to other park users. The west side of the park is not opened to the public during the event, so day use would be restricted to the east side.

AGM O’Connor asked Ms. Miller if there has been a time where other park users, who were not attending the event, were turned away due to no parking availability. Ms. Miller replied no.

Director Wieskamp asked Ms. Miller if there was another solution to the parking. Ms. Miller replied if the organizers dedicated certain areas for day use attendees, and attendees camped closer to the event, that might help. A concern is that Monday is a trash pick-up all day in the park. It allows staff to complete the rest of the maintenance on Tuesday prior to the volunteers arriving to set up camp. If the event is expanded, staff will still only have the same amount of time to prepare.

Director Siden inquired if today was a general presentation on behalf of Two-Day Town and questioned AGM O’Connor if he is requesting a written proposal. AGM O’Connor replied yes, we are requesting a standard written proposal. Staff is interacting with the event organizers to refine the proposal and evaluate what staff needs are there to support the event. Ms. Therman indicated that a fourteen page proposal was submitted in 2014 and sought clarification for parameters for the proposal. AGM O’Connor responded that Ms. Suzuki is the point person and will handle the special event documentation. Once the proposal is submitted we will determine the staff requirements and address any potential issues.

Director Sutter inquired on the timeline to bring the results to the Committee. AGM O’Connor replied by next August/September.

Director Wieskamp stated the event has great potential and that staff needs to be comfortable that it is going to work and know what it will take to do that.

153 Ms. Suzuki indicated the Two Day Town special event packet is currently in route through the approval process which requires six levels of signatures.

Agenda Item 2: Update Monarch Butterflies: Ardenwood Historic Farm

Naturalist Christina Garcia shared with the Committee, through a PowerPoint presentation, an overview of the monarch butterflies at Ardenwood. Ms. Garcia reviewed the life-cycle of the butterfly, the vegetation of the caterpillars and their migration patterns. California receives butterflies as far away as Idaho. In the District, Ardenwood has been identified as a major monarch site in Northern California. In the last two years there has been public concern due to declining numbers of monarchs. The Xerces Society, in conjunction with the National Wildlife Society, has designated Ardenwood for the habitat studies and workshops and intends to begin studying monarchs there.

Ms. Garcia provided an overview of the native trees used by California monarchs, which include the Monterey Cypress, Monterey Pine and Coast Redwood. At Ardenwood they prefer the Eucalyptus trees. The adult monarch goes through several lifecycles and at Ardenwood they live up to six months, as they do not breed during this time. The Bay Area’s climate and Eucalyptus trees attract the butterflies to Ardenwood and the ones that arrive each year are new to the park. In February, the monarchs begin to breed, which attracts thousands of visitors each season.

Ms. Garcia reviewed the statistics for the population of the butterflies and provided an update on the decline of the Eucalyptus grove at Ardenwood due to pests and management priorities for the trees. The management challenge for the butterfly habitat in the grove is due to the weather and pests attacking the trees. It is important to shield the monarchs from storm winds and provide their need for sunlight. The Eucalyptus grove meets these needs.

Director Wieskamp questioned why the sharp decline of the monarch has occurred. Ms. Garcia replied that it is not well understood why this is occurring in California. She suggested it is probably due to development in the area. Not all of the overwintering sites discussed are protected. Xerces is interested in Ardenwood because it is a protected area.

Director Siden questioned how many butterflies arrived this year. Ms. Garcia replied approximately 2,500. Director Siden asked about the comparison to the number from last year. Ms. Garcia replied it is slightly more.

Director Sutter inquired if milkweed is planted and if the public visits impact the butterflies. Ms. Garcia replied that milkweed is planted and that the public does not inhibit the butterflies.

Director Sutter asked if the monarchs migrate to other sites in California. Ms. Garcia replied that some butterflies are tagged with a small sticky note and have been recovered, but most of the monarchs stay in Ardenwood unless there are extreme changes in weather.

Agenda Item 3: Review of Golden State Model Railroad Museum Special Use Agreement Second Term: Miller-Knox Regional Shoreline

Business Manager Mimi Waluch introduced the members of the club to the Committee. Administrative Analyst Renee Patterson began her presentation by requesting approval of the second term of the club’s current special use agreement. The Golden State Model Railroad Museum (Museum) is a non-

154 profit Club that has operated their Museum at Miller-Knox Regional Shoreline for over 25 years. The Club runs trains every Sunday, April through December, from noon to 5pm. The Museum is also open on Wednesdays (11 a.m. - 3 p.m.) and Saturdays (noon to 5 p.m.) for viewing the displays. The Club has the exclusive use of the other half of the Miller-Knox corporation yard building and pays for utilities and everything inside the building.

Secretary Walter Freedman of the Golden State Model Railroad Museum shared that the organization operates on a volunteer basis. Each member pays dues as part of the funds generated for the museum. Visitors are only charged on Sundays. Any funds collected are contributed back into the museum. Mr. Freedman noted that a $30,000 restoration project has been completed of the Club’s meeting areas which include the meeting room, library and board room. This work involved replacing the paneling, installing new carpet, and purchasing new chairs.

Director Sutter stated he’s visited the club several times and it is a wonderful experience. He inquired on how recruitment is going. Mr. Freedman stated recruitment goes up and down.

Director Wieskamp inquired if there are any female members. Mr. Freedman stated yes, they have had some, but very few. Director Wieskamp suggested scheduling a trip to see the improvements that have been made. Mr. Freedman mentioned that the museum opens up the first weekend in April and he would be happy to arrange a tour.

Director Siden inquired on the number of current members. Mr. Freedman stated 100. The club offers a 6-month free trial to potential members.

Director Wieskamp moved to approve the staff recommendation authorizing the second term of the Special Use Agreement with the Museum, which will allow its members the exclusive use of a portion of the Service Building in Miller-Knox Regional Shoreline in order to operate the Museum for the enjoyment of the general public. The Agreement’s second term commences on January 1, 2017 and expires on December 31, 2021. The District will receive $1,700 for the license, beginning January 1, 2017, with an annual increase of $50 up to $2,000 annually. There is no cost to the District. Director Siden seconded. The motion passed unanimously.

Agenda Item 4: 2016 Committee Work Plan Review

Management Analyst Alicia Gonzales reviewed the draft 2016 Board Operations Committee Work Plan for review and comment. The Draft Work Plan was presented at the Committee’s last meeting of 2015 and since that date, suggested changes and additional staff recommendations have been incorporated into the Draft Work Plan.

1. Ordinance 38 (biennial review)

Director Wieskamp inquired on specific issues that will be addressed on Ordinance 38. Lt. Alan Love responded that there will be twelve revisions to current ordinances and one new proposal provided to this Committee regarding smoking in the parks.

Director Siden asked if there would be an opportunity for input, as reading the previous draft he noticed an item that needed to be updated. Lt. Love replied that the document is currently residing with Legal and then will be presented to the Park Advisory Committee, this Committee and then before

155 the full Board. Director Siden requested a draft copy as soon as possible. AGM O’Connor recalled that the item would be coming before this Committee in March and the Committee members will be provided with a copy of the document prior to the meeting date.

Director Wieskamp inquired on hover boards and if they were illegal. Lt. Love stated they are currently prohibited. Director Wieskamp asked if most people understand that they are. Lt. Love indicated no and that clarification language will be written, as well as addressing the mobility devices.

AGM O’Connor then highlighted the items that would be coming before the Committee this year.

AGM O’Connor recalled that the Informational Reports and Discussion Topic items allow staff the opportunity to share what is happening in the parks and is also a leadership opportunity for staff to do a public presentation before the Committee as a part of their public speaking skills.

Director Siden made a request to put timelines next to the items for future reference.

Director Sutter questioned if the Cost Study item is information on whether the concessions are paying their own way. AGM O’Connor replied this study was in response to their prior inquiries on concessions. An analysis of cost vs. revenue is being conducted by Ms. Gonzales and Ms. Patterson and will be reported out annually. With almost 200 concessions, the process will take some time for the first generated report. Director Sutter inquired if the Finance Committee will be reviewing the report. AGM O’Connor responded we can bring the report before the Committee. Director Wieskamp inquired if maintenance will be a discussion topic. Ms. Gonzales stated that what is being reviewed is the revenue received from the concessions, the concession maintenance funds, where applicable, funds the District has spent on work orders, if applicable, which includes MAST staff time. Park Operations staff time, which is not covered in the work orders, is also being collected. The report will show net totals from this information. The top five and lowest five concessions over a five year period will be reported out to the Committee for their review and input before the study is expanded to all concessions.

Agenda Item 5: AGM Comments

AGM O’Connor provided the following updates:

• Del Valle lake levels – Park Supervisor Shelly Miller reported the current lake level is at 687.13 which is up. The creek has slowed down to 172 cubic feet per second. The east tank is at 12.2 and west tank is at 14.7. AGM O’Connor stated it looks like we will not have to shut anything down. The intakes were closed due to breaks and a landslide. It was repaired and then broke again. It is currently not repaired and functional. Due to the break in the line and the costly expense of the rental intakes, we will be coming to the Board for appropriation from the 553 fund to complete the repair. Director Sutter inquired what the cost would be for replacement. AGM O’Connor responded we do not have those costs yet. The General Manager thinks that we might be able to tap into the grant funding for community water systems through Proposition 1. The amount of money we could receive from grant funds will determine how much money we will request from the Board, and what the needs will be at that point. • Department of Water Resources – Speaking with their staff on beginning a project to lower the intakes. We’ll seek their input and assistance with replacement of the water treatment system.

156 • Convenience Camping – AGM O’Connor displayed some images of cabins for the Committee which shows the concept the District is looking at. • The Trails Maintenance process is being reviewed and Operations will be holding a Trails Workshop to explore how the trails are being maintained. From the workshop will come needs for additional training and updating the Trails Maintenance manual.

Agenda Item 6: Board Comments

Director Siden expressed his appreciation for the monarch butterfly presentation and welcomes similar presentations at future meetings.

The meeting was adjourned by Director Sutter at 2:21 p.m.

Respectfully submitted: /s/ Denise Valentine Executive Secretary

157 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

7. BOARD COMMITTEE REPORTS

b. Operations (Thursday, February 18, 2016) (Sutter)

Present

Board: Directors John Sutter (Chair), Doug Siden, Ayn Wieskamp

Staff: Jim O’Connor, Mimi Waluch, Renee Patterson, Mark Ragatz, Alicia Gonzales, Denise Valentine, Noah Dort, Tammy Mueller, Kym Anderson, Nate Luna, Michael Stangl

Guests: Steve Harker, James Birchall, John Pearson, Rick Rickard, Judi Bank, Steve Falzone

Agenda Item 1: Review Redwood Canyon Public Golf Course Concession: Lake Chabot Regional Park

Business Services Manager Mimi Waluch provided an overview of the golf course which included background information on the transition to Redwood Canyon Public Golf Course, capital renovations at the facility and the request for proposal process.

Mr. Steve Harker with Touchstone Golf shared through PowerPoint presentation the history of the organization, names of courses they currently operate, and their approach to branding. He complimented MAST Analysts Nate Luna and Michael Stangl for the work and assistance they provided on the facility projects.

Mr. Harker displayed before and after slides of maintenance projects completed at the golf course and restaurant. He discussed the challenges encountered since taking over the facility and how they are being addressed. He closed in sharing information on their community outreach and events they are proposing in their submitted proposal.

Director Wieskamp expressed appreciation for the progress made at the golf course.

Director Siden commended the work completed by Touchstone Golf and Chief of MAST Kelly Barrington for preparedness of the facility.

158 Director Siden inquired on the hours of operation. Mr. Harker replied they have stayed focus on Friday and Saturday nights and believes more special events need to be held to build more awareness. He indicated the feedback from third party websites have been positive.

Director Sutter requested clarification on the word “option” in the contract. AGM O’Connor replied it means a mutual agreement by both parties. Sutter questioned if what is before the Committee today is just informational. AGM O’Connor replied no, staff will provide an overview presentation and then Ms. Waluch will finish with the staff recommendation and answer any additional questions.

Director Sutter indicated that if this item is being presented to the Board, we will need more than a staff presentation. Additional details of the agreement will need to be included and the specifics of what the tenant requirements will be. AGM O’Connor replied some of those details will be part of the negotiation process and the recommendation today will be to move forward with the negotiations and work on the details to be included in the contract. At this time, we are presenting the proposal submitted and why we believe it is a favorable proposal to the District.

Director Sutter asked if increasing the parking will be considered. AGM O’Connor responded an analysis will be completed of the banquet facility and the issue of parking will be included in that analysis. A structural and architectural analysis will also be completed.

Director Sutter inquired if the $500,000 allotted has already been spent on the facility. AGM O’Connor replied yes.

Director Wieskamp moved to approve and recommend to the full Board the staff recommendation for approval to negotiate with Touchstone Golf LLC a concession agreement for up to 25 years. Director Siden seconded. The item passed unanimously.

Mr. Steve Falzone President of Willow Park Golf Club inquired as to when the negotiations will begin, if the Board gives approval in March. AGM O’Connor advised that the first step is to receive approval from the Board on March 15, and then complete the negotiations which can take up to 30 days, then return to the Board to finalize the contract and move forward.

Agenda Item 2: Update Concession Cost Study: District-wide

Management Analyst Alicia Gonzales provided, through a PowerPoint presentation and Excel spreadsheet, the concessions selected for the new annual report which includes the five highest and five lowest earning concessions based on gross revenue. Details were provided on the timeframe of the data collected, criteria looked at, concession costs, and the plans moving forward.

Ms. Gonzales reviewed with the Committee the top and bottom 5 concession spreadsheet that detailed the Concession Maintenance Funds (CMF), fees collected, District expenses, five year totals, and overall revenue received to the district for these ten concessions.

Director Wieskamp inquired if the concessions listed in the sheet are responsible for the maintenance. Ms. Gonzales replied the funds are paid by the District through work orders and some Capital Improvement Project funds. Concessions with a CMF fund spend those funds per their agreement.

159 Director Sutter sought clarification on which positions were included in the Cost of Park Staff Salaries column of the sheet. Ms. Gonzales replied Rangers, Gardeners (if applicable) and Park Supervisors.

Director Sutter sought confirmation that the idea is that the Capital Project Improvement project is being paid back by the concessionaire. AGM O’Connor responded no, it is a pure expense by the District for that facility.

Director Siden inquired if the capital improvements and work orders are from District revenue. AGM O’Connor replied yes, from District budgeted funds.

Director Sutter inquired if the District built the Mudpuppy’s facility. Ms. Waluch replied the facility was built with grant funds and the design was created by the current operator. Sutter inquired if the Brazil Room is a concession. Waluch replied the catering is a concession, and the facility is handled in-house through the Reservations Department.

Ms. Gonzales referred to the District Master Plan to provide an overview on how concessions are evaluated by the District and the conditions under which the District will use a concession.

AGM O’Connor stated at the end of the year, staff will providing the Committee a copy of the final report for all concessions. Director Sutter suggested to distribute the sheet with an explanation to other Board members for comment or suggestions.

Agenda Item 3: Review Caretaker Contract for Services: Big Break Regional Shoreline

Administrative Analyst Noah Dort recounted this new process of renewal came before the Board in February of 2015, to request a one year renewal extension to determine whether we still required a caretaker at the site. Staff is seeking a recommendation to enter into a contract with Mr. Nathan Lawrence to perform caretaker services at Big Break Regional Shoreline. In 2012, Lawrence was contracted as the caretaker. Now with construction complete, it has been determined there is a need for caretaker services at the site. Although the park closes between 5:00-7:00 p.m. depending on the season, the fishing at the pier is permitted until 10:00 p.m. year round. The current contract expires on March 11, 2016. After an open application and interview process with representatives from Operations, Public Safety and Maintenance and Skilled Trades, Lawrence is considered to be the best candidate for this contract position.

Director Siden inquired on the time off allotted for the caretaker. Mr. Dort indicated the caretaker must provide notice of absences from the site for 12 or more hours. They are expected to be there each night and all day on the weekends. Public Safety is also notified when the caretaker is not on the premises.

Director Sutter recalled there was a discussion on not having a trailer permanently on the premises. This should be addressed and reviewed in having a more permanent structure at the site. Mr. Dort indicated we are utilizing this time to explore those options for a permanent structure at the site.

Mr. Dort mentioned that with a caretaker on site, they would be able to respond and report anything suspicious to Public Safety viewed on the security cameras.

160 Director Wieskamp moved to approve the staff recommendation to enter into a Caretaker Contract for Services for Big Break Regional Park with Mr. Nathan Lawrence. The initial term of the contract would be one year, commencing March 12, 2016, with the possibility of 2 one-year extensions upon mutual agreement between the District and Mr. Lawrence. The cost to the District for this action is $6,368.16 per year, to increase by 1.5% annually during the term of this contract. The initial annual contract costs compute to $530.68 per month for providing Caretaker services at Big Break Regional Shoreline. Director Siden seconded. The item passed unanimously.

Agenda Item 4: Review Bay Area Air Quality Management District Communication Site License: South County Corporation Yard, Lake Chabot Regional Park

Administrative Analyst Renee Patterson advised that staff is seeking a recommendation for a renewal of the existing agreement for four 5-year terms for the Bay Area Quality Management District (BAQMD) communication site license at South County. Patterson provided an overview of the communication site and stated this site is a weather station tower. The data gathered at the site assists with bay area air quality. The District is allowed to retrieve data directly from the company since the tower is on District property. Patterson provided a breakdown of the fees paid to the District.

Director Sutter inquired how the lease amount is determined. Ms. Patterson replied that she located information on weather station licenses that other public entities hold for the BAQMD. She reported that some fees were higher, some lower, and others had no fees associated.

Director Siden moved to approve the staff recommendation for four 5-year terms, beginning June 1, 2016 for this Communications License with an annual fee of $814.45 and with 5% annual increase. Director Wieskamp seconded. The item passed unanimously.

Agenda Item 5: Review State of California Communication Site License: Vollmer Peak, Tilden Regional Park

Administrative Analyst Renee Patterson advised the State of California is seeking to renew the license for the existing communication site located at Vollmer Peak. This site has two agencies within the State of California using this license. One is the California Highway Patrol (CHP) and the other is the Office of Emergency Services (OES). The CHP has been at the site since 1968 and OES since 1994. This site, which is at the top of the peak, is 100% public entity use only. There are no private agencies that use this site. The public entities that use it are for emergency services, public safety, fire, ambulance, Golden Gate Authority, and Bay Area Rapid Transportation. Each contract has different fees associated.

Director Sutter inquired about the reference to the road fee. Ms. Patterson stated that the fee is an additional fee paid to the District. Revenue from this is placed into a fund that goes directly to the Maintenance and Skilled Trades Department.

Director Siden moved to approve the staff recommendation for authorization for a communication site license agreement with State of California, by and through the Department of General Services with the consent of the CHP and OES for a 5 year term, with three additional 5 year terms, for the State’s existing communication equipment at Vollmer Peak in Tilden Regional Park. The District can expect annual revenues of $43,200 for nine racks of equipment at $400 per rack, per month, with an annual adjustment of 2.3%. Licensee fees currently due to District for October 2014 through January 2015 are

161 $9,972.64. The road access fee is $1,200. There is no cost to the District for this action. Director Wieskamp seconded. The item passed unanimously.

Agenda Item 6: Review Newfoundland Club of Northern California Special Use Agreement: Del Valle Regional Park

Administrative Analyst Renee Patterson began by sharing that the Newfoundland Club of Northern California (Club) has been in existence since the mid-1980’s. The Club is the largest purebred Newfoundland dog water rescue training club in the western United States. They sponsor working dog events, offer public education, and promote the understanding and appreciation of this special breed.

Ms. Patterson provided an overview of the Club through a PowerPoint presentation and recalled that for the last 20 years, on a weekly basis, four to six members train and test up to ten dogs in water rescue techniques in May through October at Hobie Point in Del Valle Regional Park.

Director Wieskamp asked what happens with the training due to the blue/green algae issue at the lake and do we provide them with a prior warning. Mr. John Pearson, President of the Club stated the blue/green algae did not affect their operations this year.

Director Siden inquired how the Club gets involved in rescue efforts. Mr. Pearson stated there is a history to the breed; that it was developed in eastern Canada for carting and assisting fisherman in the water and as a rescue dog. The club rarely uses them for rescue in the United States. The Club’s goal is to maintain the ability and natural instincts of the dog.

Director Wieskamp moved to approve and recommend to the full Board a five-year Special Use agreement beginning April 1, 2016 with a second five-year term with the Newfoundland Club of Northern California to record the details of the use area and the continued activities for training and testing of water rescue techniques at Del Valle Regional Park. Director Siden seconded. The item passed unanimously.

Agenda Item 7: Public Comments

There were no public comments.

Agenda Item 8: AGM Comments

 The Board Field Trip agenda is being finalized.

Agenda Item 9: Board Comments

Director Wieskamp requested to move the June Committee meeting, due to the Livermore State of the City meeting.

162 Director Siden requested to consider looking at three locations for convenience camping sites, to look into a deluxe cabin model with a bathroom and kitchen, and consider a site for a yurt in order to offer an option of minimal convenience.

Director Sutter inquired if there will be a camping update this year. AGM O’Connor stated next month he will provide an informational presentation including pictures of Costanoa a camping resort on the San Mateo coast. The campground has everything from tent camping, yurts, to hotel rooms. The meeting was adjourned by Director Sutter at 2:21 p.m.

Respectfully submitted: /s/ Denise Valentine Executive Secretary

/dv

163 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 19, 2016

D. BUSINESS BEFORE THE BOARD

7. BOARD COMMITTEE REPORTS

c. Board Executive Committee (3/4/2016) (Siden)

Present

Board: Doug Siden, Whitney Dotson, Beverly Lane

Staff: Robert Doyle, Ana Alvarez, Becky Pheng, Chris Barton, Jim O’Connor, Bob Nisbet, Julie Bondurant, Carol Victor, Sean Dougan, Sandra Hamlat, Debra Auker, Yolande Barial-Knight, Erich Pfuehler, Larry Tong, Carol Johnson

Public: None

The meeting was called to order at 12:40 p.m.

1. 2016 Updates to the Board Operating Guidelines

Robert Doyle, General Manager, introduced this agenda item. The Board Operating Guidelines (“BOG”) were last updated in May 2013. Staff is in the process of reviewing and updating the BOG to reflect current administrative practices and policies. Debra Auker, Acting AGM, and Yolande Barial-Knight, Clerk of the Board, discussed the process for updating the BOG and highlighted some of the major changes as shown in Attachment A. Appendix E regarding purchasing and contracting has already been reviewed and updated by Finance staff. The recommended changes will be presented to the Board Finance Committee for review. The Committee shared their comments and proposed changes with staff. The Committee felt that there were several areas that needed additional clarification. Some of the proposed changes and areas requiring further clarification include:

 Adding a sponsorship policy  Updating the Board meeting times  Updating meals reimbursement  Updating Appendix B  Clarification of the Board’s role in reviewing job salary and benefits  Clarification on the Board president’s attendance at the RPF meeting

164  Park Advisory Committee term and appointment

Staff will incorporate the Committee’s proposed changes, and will bring this item back to the Committee at a later date.

Recommendation: None. This is an informational item.

2. Designation of Great California Delta Trail Segments

Sean Dougan, Trails Development Program Manager, presented this agenda item. The Great California Delta Trail, approved by the California Legislature in 2006, was created to be a continuous regional recreational corridor through the Delta and linking the San Francisco Bay Trail system to the Sacramento River Trails in Yolo and Sacramento counties. In January 2016, the Delta Protection Commission (“Commission”) approved the Big Break Regional Shoreline Trail, a three-mile long multi-use trail, as an addition to the Great California Delta Trail. This is the first existing trail segment in Contra Costa County to be adopted as part of the Great California Delta Trail. After approval, the District will add the California Delta Trail signage and logos along the trail segment. The Committee inquired about other trail segments along the Great California Delta Trail. Mr. Dougan presented a map and talked about the partnership with the Commission and the challenges to implementing such a program across various jurisdictional boundaries.

Recommendation: By motion of Director Beverly Lane and seconded by Director Whitney Dotson, the Board Executive Committee voted 3-0 to forward this item to the Park Advisory Committee and the full Board for favorable consideration.

3. Certification of the Juan Bautista De Anza National Historic Trail

Sean Dougan, Trails Development Program Manager, presented this agenda item. The goal of the Juan Bautista De Anza National Trail is the designation of a continuous recreation trail to complement the trail’s 1,200-mile historic corridor between Nogales, Arizona, and the San Francisco Bay Area. Trail certification is a partnership that helps non-federal landowners protect and preserve historic trail properties, and share them with others. The District, as owner, is working collaboratively with the National Park Services (“NPS”) to certify approximately 163 miles of trails. Under the certification agreement between the NPS and the District, the District will still retain all legal rights to the property and can end the partnership at any time. Benefits of certification include technical assistance, protection and site development guidance, project funding and assistance, and recognition. Director Beverly Lane commented that she is pleased that the District is working with NPS on trail certification.

165

4. Sibley Volcanic Regional Preserve LUPA Update and McCosker Checklist Amendment

Julie Bondurant, Principal Planner, presented this agenda item. She gave a brief background about the study area, project purpose, and project highlights. The McCosker parcel, which was donated to the District in 2010, is approximately 250-acres and is now part of Sibley. As part of the Wilder Development in Orinda, a long-term management plan established the 389-acre Western Hills Open Space as lands to be dedicated to the District.

The LUPA for Sibley would incorporate the McCosker parcel and Western Hills Open Space. Ms. Bondurant showed a PowerPoint of the proposed site improvements at the McCosker parcel, including future trail connection to Huckleberry Regional Preserve, loop trail, interim staging area, park security residence, stream restoration project, and potential future group campsite. Staff discussed the safety improvements at the McCosker parcel, including the installation of “caution” signs to alert users of sinkhole hazards and covering open drain boxes. The Committee inquired about the EBMUD open space parcel near Sibley. Robert Doyle, General Manager, commented that this is a good example of completing a park, and talked about the acquisition history of the park. After the two parcels are incorporated, Sibley will be approximately 1,300 acres. Director Beverly Lane inquired about interpretive panels, biological resources, future campground, and the operating agreement with EBMUD. Ms. Bondurant also talked about the planning schedule, including a public scoping meeting in April, and project budget. Funding for the project will come from a variety of sources, including Measure WW and grant funds. The Committee thanked staff for their work and looked forward to commencement of the project.

Recommendation: By motion of Director Whitney Dotson and seconded by Director Beverly Lane, the Committee voted 3-0 to forward a recommendation for approval of the proposed Checklist Amendment for the McCosker parcel to the Park Advisory Committee and the full Board for consideration under the East Bay Regional Park District’s Amendment Checklist Process.

5. Breuner Marsh Construction Update and Naming Recommendations

Due to the location of his residence, Director Whitney Dotson recused himself from this agenda item.

Phase 2 Construction Update Chris Barton, Environmental Programs Manager, gave an update on the Breuner Marsh restoration and public access project at Point Pinole Regional Shoreline. He gave an overview of the project description and history. The total project budget is $12.3 million. Mr. Barton talked about the project challenges including the permitting and approval process. He showed a short video of the construction progress and showed “before and after” photos. A Phase 3 construction contract will be awarded in May 2016, with an estimated completion date in February 2017. Staff is anticipating a public opening in the spring of 2017.

166

Naming Recommendations Sandra Hamlat, Park Planner, presented the naming recommendations. She showed a map of the subject area and highlighted each of the proposed naming recommendations. The naming recommendations include:

 Dotson Family Marsh – Staff recommended naming a 60-acre of restored wetlands Dotson Family Marsh. This is consistent with the City of Richmond Resolution No. 110-12, to honor the environmental advocacy work of Reverend Richard Daniel Dotson. He was one of the early settlers in Parchester in the 1950s, and helped secure Pt. Pinole as one of the East Bay Regional Park District shoreline parks.  San Francisco Bay Trail – Naming this section of the 1.5 mile trail along the shoreline will provide consistency with the regional San Francisco Bay Trail project.  Rheem Creek Bridge – The name was selected because the bridge crosses over Rheem Creek.  Dotson Family Marsh Staging Area – This provides identify with the destination feature at this site.  Sleeping Maiden Spur Trail – This name was selected as a reference to Sleeping Maiden, a 1921 mountain play of the same name written by Dan Totheron. There was discussion about this proposed naming recommendation. Director Beverly Lane asked staff to propose another name. She recommended changing the name to “View Point Trail”.  Cordgrass Jetty Trail – This name was selected because this trail segment is located in Cordgrass habitat.

Installation of signs posts and signs will cost up to $5,000; funding is available through capital project account. Park brochures will need to be updated and is estimated to cost up to $36,000 for 30,000 brochures. Staff will be presenting this to the Park Advisory Committee for review and comment, and then to the full Board.

Recommendation: By motion of Director Beverly Lane and seconded by Director Doug Siden, the Committee voted 2-0 (Director Whitney Dotson recused himself) to forward a recommendation for approval of the proposed names with the recommendation of changing Sleeping Maiden Spur Trail to View Point Trail to the Park Advisory Committee and full Board for consideration under the East Bay Regional Park District Naming Policy and Guidelines.

6. Other Upcoming Naming Recommendations

Julie Bondurant, Principal Planner, discussed with the Committee other upcoming naming recommendations. The Committee talked about recognizing Ted and Kathy Radke, perhaps by naming a bridge or feature in Martinez Regional Shoreline. Director Doug Siden recommended that staff do more research. Director Beverly Lane recommended that staff talk to the residents of Martinez and the family to get their thoughts and ideas. The Committee also discussed naming the future visitor center in Pt. Pinole in honor of Jean and Will Siri. Staff will do further research and bring these naming recommendations back to the Committee at a future date.

167 Recommendation: None. This was a discussion item.

7. Public Comment

None.

8. Board Comments

Director Dotson commented that he appreciated the District recognizing his family and the work that they’ve done in the community.

The meeting was adjourned at 3:37 p.m.

Respectfully submitted,

Becky K. Pheng

168 NEWSCLIPS 169 No Swimming or Wading At Del Valle Pending Tests

Posted: Thursday, April 7, 2016 12:00 am

East Bay Regional Park District is testing the water at Del Valle Regional Park to determine whether it should continue its current ban on swimming and wading because of the risk of toxicity from blue- green algae blooms.

The ban at the park, located south of Livermore, has been in place since December, when tests showed toxicity at dangerous levels. This was the first time that toxicity has been seen at the lake at such levels, according to Hal MacLean, water management supervisor for the Park District.

Dangerous toxicity was again detected in January but has not been seen since then, MacLean said. Nevertheless, the Park District is continuing to prohibit swimming and wading to protect park visitors and their pets, MacLean said. The blue-green algae are still present. Their blooms are complex, changing with time and able to produce toxicity suddenly and unpredictably.

Fishing and boating are not affected by the ban, MacLean said. However, fish caught in the lake should be cleaned thoroughly before eating with no consumption of internal organs.

“Blue-green algae” refers to a variety of algae and bacteria that live naturally in lakes. Why they sometimes turn toxic is not clear, according to public health authorities. However, the process is often connected with warm temperatures and stagnant waters.

The Park District had not seen toxic blooms at any of its lakes prior to 2014, when they occurred at Lakes Temescal and Chabot.

Federal, state and regional public health authorities warn about the risks of exposure to toxins from blue-green algae, both for pets and for people.

170 The California Department of Public Health says the toxins have killed dogs in Humboldt County and sea otters in Monterey Bay. For people, the department warns of risks ranging from rashes and gastrointestinal upset to nerve and liver damage.

“At high levels, exposure can result in serious illness or death,” according to a departmental fact sheet that cautions against drinking, breathing or skin contact with water contaminated by the toxins. Because of their smaller body mass, young children are at greater risk than are adults.

MacLean was not aware of anyone being sickened by the toxins at Del Valle to date, but cited the “terrible” dog deaths elsewhere. “If you start getting people sick, that will take this to a real nasty level,” he worried.

He expressed concern about upcoming warm weather and the possibility that park visitors will ignore or will not see warning signs. Just last weekend, he said, Del Valle park rangers had to order visitors out of the water.

Warnings about the swimming and wading restrictions are posted at the park and on the East Bay Regional Park District website for Del Valle, http://www.ebparks.org/parks/del_valle.

171

Bay Area family fun: Berkeley's Jewel Lake is a lake once more By Tony Hicks, [email protected] POSTED: 04/07/2016 09:00:00 AM PDT | UPDATED: 4 DAYS AGO And best of all, Berkeley's Jewel Pond is now Jewel Lake again.

Tilden Park's fantastic Nature Area -- which contains the Little Farm, Environmental Education Center and the lake -- has been resurrected after the first healthy rain season in four years. Which is why it is -- again -- a great place to take one's kids for an afternoon. Just last fall, the small lake looked like it was about to become extinct. The native Sacramento perch had to be moved to other water sources. The pond's contingent of Western pond turtles mostly retreated. The water birds disappeared. The trail around the lake, with its lush ferns and north coastal scrub brush, remained mostly green, but without a lake and a running creek as a center point, the short, usually scenic hike, was terribly lacking. Not anymore. My sister and I took the cousins -- my 7-year-old and her 6-year- old -- who had an absolute blast trying to dip their toes in the water and skip small rocks, after stomping down the narrow, 750-feet-long boardwalk to the lake. With water now running over the dam at the lake's western end, they couldn't get enough of the waterfall, climbing up on the rail to look down (with parental hands firmly grasping them to avoid an inadvertent swim). But some of the logs near the dam -- usually a gathering spot for the rock stars of the area, the turtles -- were missing. I was wondering where the turtles had gone, when a fellow hiker pointed through the trees. On a long tree that extended into the water sat the lake's main attractions: 10 turtles, lined up like the construction workers eating lunch on a high-rise beam that you see in an iconic old photograph. The girls got so excited, we had to stop one from trying to join them. The less-than-a-mile hike was gentle and gorgeously green, much of the trail running side-by-side with the creek. The visitor's center was closed on this particular spring break day (a Monday, which is the norm, we learned), but it's well worth a stop on non-Mondays. The mini-museum is full of stories about the area's history -- dating back to the Ohlone Indians that settled in the area -- as well as the watershed that leads down to the bay and local wildlife. But the nearby Little Farm was open for business. Visitors can bring lettuce and celery to feed the chickens, goats, sheep and three very friendly cows. The farm's 172 resident pig -- seemingly about the size of a Volkswagen Bug -- was apparently taking the day off from socializing. Maybe it's a Monday thing. The girls sprinted up to the playground, as if to make sure they had squeezed all the fun they could from the park. Then we hit the merry-go-round on the way out, because, really, how does one take kids to Tilden Park without doing that? It's like a requirement.

Contact Tony Hicks at Facebook.com/BayAreaNewsGroup.TonyHicks orTwitter.com/tonyhicks67

IF YOU GO

Tilden Park's Nature Area/Jewel Lake, north end of Central Park Drive, Berkeley. Open 5 a.m. to 10 p.m. daily (The Environmental Education Center is open 10 a.m. to 4:30 p.m., Tuesday through Sunday. The Little Farm is open 8:30 a.m. to 4 p.m. daily). There's no charge. The center offers various programs and camps. Find details atwww.ebparks.org/parks/ tilden/tna. Parents need to know: Even when it hasn't been raining, the lake trail can be muddy; make shoe decisions accordingly. Much of the trail is shaded, and it can get windy in the canyon -- plus fog can appear out of nowhere in the Berkeley hills. So even if it's warm at home, it's a good idea to bring a jacket. And even though the area seems benign and under control, there's still lots of wildlife around. So don't let little ones wander too far ahead (always a good rule for hiking anywhere). Dogs and bicycles are not allowed. Nearby eats: There's no on-site food service, but you can bring your own -- the Nature Area has plenty of picnic tables. There also is a snack bar with hot food at the nearby merry-go-round.

173

Berkeley: Native plant sale proves timely in changing climate By Marta Yamamoto, Correspondent POSTED: 04/06/16, 2:33 PM PDT | UPDATED: 6 DAYS AGO

BERKELEY -- The Regional Parks Botanic Garden in Tilden Park knows that lots of people are planting natives for any number of reasons, whether for providing habitat, creating pollinator or show gardens, or replacing a lawn and reducing water use. Whatever the reason, the garden's Spring Native Plant Sale on April 16 is a source of low-growing plants and perennials, grasses and ferns, bulbs and annuals, trees and shrubs, evergreens, and deciduous plants; pretty much the full range of anything a gardener might need. Meeting the growing demand for native plants is one reason behind the sale, another is the opportunity to get people to visit the botanic garden and realize what's there. "A lot of people still think native plants are dull and don't really do anything, so we want to get them here to the garden to understand that everything they see is a California native plant, that they're really quite lovely and are wonderful additions to any garden environment," said Bart O'Brien, the site's garden manager. "Also making some of these plants available will hopefully lessen any collecting; if people know they can buy them here, there's less chance they'll go and dig them up in the wild," he added. The event combines advice, the opportunity to find and purchase plants not available in a nursery, and elements of fun. There's no entrance fee, parking and expert advice are free, there are refreshments available and proceeds directly benefit the garden, its programs and facilities. Volunteers work year-round to prepare for the April and October plant sales, propagating from the garden collection and labeling, counting, pricing and setting plants out as the sale day draws near. Last year they set out 3,945 plants of 50 different kinds, from 2-inch pots to five- gallon cans, with the majority in 4-inch and one-gallon containers; all California natives. Milkweed plants are popular, as are different types of mahonia, evergreen shrubs that can be ground covers or large shrubs. Ceanothus, the California wild lilac; manzanita; dendromecon, the bush poppy; matilija poppy, wooly blue curls, Douglas iris and iris hybrids and coral bells 174 also sell quickly. "This year we'll have a number of trillium, grown from seed, that are flowering size, in colors from white to red to pink," O'Brien said. "They're typically slow- growing and that's why most nurseries don't offer them since they take five or six years or more to grow." Many staffers, volunteers and docents will be on hand to answer questions at all levels, from bare beginners to garden pros seeking very specific advice. Though this year's rains have been promising, California is still in a drought. Add in climate change and weather pattern instability and native plants are still the best bet for a resilient garden. "Going with the drought-tolerant end of California plants and other Mediterranean climate and dry land plants is certainly a better way for most gardens to go rather than a lot of the more temperate flora or Asiatic flora that have been so common in most gardens in North America," he said. And the Regional Parks Botanic Garden is a great place to get familiar with California's flora. Within its 10 acres it has thousands of labeled specimens planted not in broad, showy swaths, but as they are in the wild. "Gardens are living, evolving environments. If you only come once you don't get any clue to what really is here. You can come and see something in bloom and in two weeks they'll be gone and something entirely different will be in full bloom," he said. "We have something blooming all year long so even if you have a garden of California native plants you can have a very colorful garden year-round." IF YOU GO The Spring Native Plant Sale at the Regional Parks Botanic Garden at the intersection of Wildcat Canyon Road and South Park Drive in Tilden Regional Park in the Berkeley hills is 10 a.m. to 3 p.m. April 16. Bring boxes or trays to carry plants home. Details: 510-544- 3169, www.nativeplants.org,[email protected].

175

Danville: Beverly Lane's history of involvement, and involvement with history By Sam Richards, [email protected] POSTED: 04/06/2016 03:43:20 PM PDT | UPDATED: 5 DAYS AGO

Bev Lane, stands inside the Museum of the San Ramon Valley in Danville, Calif., where she is the lead curator on Thursday, March, 31, 2016. Lane has also been an author, has spent three terms on the Danville Town Council, and has been a member of the East Bay Regional Park District board of directors. (Dan Rosenstrauch/Bay Area News Group) ( DAN ROSENSTRAUCH )

DANVILLE -- It's obvious that history is a passion for Beverly Lane, the founder and now curator of the Museum of the San Ramon Valley. She is clearly proud of the collection, the written histories and the displays in the former railroad depot in downtown Danville, and the role she's played in helping research, assemble and present them.

She has guided that same passion in many directions over the years, from neighborhood associations to the Danville Town Council to a spot on the East Bay Regional Park District board, where she is now working with federal officials to help turn part of the old Concord Naval Weapons Station into a regional park. "I started with neighborhood things, election campaign things, things that were about improving life where I lived," said Lane, who's 77 but with the appearance and energy of someone younger. "For me, it's been a gradual evolution." She led early efforts to establish the popular Iron Horse Trail on an old railroad bed through central Contra Costa County, part of the regional park district's 176 increased emphasis on preserving the area's "cultural history" in addition to its open spaces. "She's connected to the community in so many ways, and that helps bring exactly what you want to representative government," said Seth Adams, land conservation director for Walnut Creek-based Save Mount Diablo. Adams called Lane a "real team player" with virtually no ego. She is sometimes called "The Mother of the Iron Horse Trail," he said. "You can find her involved at the beginning of all kinds of major issues." That sort of front-end activity is part of her "gradual evolution." When growing up in the 1950s, Lane said, women weren't generally expected to be leaders. Her college studies were geared toward becoming a historian; which she is, but she didn't stop there. She, her husband Jim and their three sons moved to Danville in 1973. She was instrumental with that town's 1982 incorporation drive, and soon became a charter member of the Danville Town Council. Her involvement with establishing the Iron Horse Trail led to the run for a seat on the East Bay Regional Park District board in 1994. Her "ward" includes much of central Contra Costa County.

Ayn Wieskamp, of Livermore, another park district board member, has known Lane from the days when both served on their respective towns' elected councils. "She is a very conscientious person, which is a great quality in an elected official," Wieskamp said.

A relentless person, too. A key accomplishment of Lane on the park board, Wieskamp and others said, was to make sure the district beefed up its documentation and stewardship of the area's cultural history -- the Native Americans who once populated the East Bay, the Mexican "ranchos" and the European settlers' ranches that, in bits and pieces, survive today.

Bev Lane, the curator for the Museum of the San Ramon Valley, talks about being an author, spending three terms on the Danville Town Council, and being a member of the East Bay Regional Park District board of directors, in Danville, Calif., on Thursday, March 31, 206. (Dan Rosenstrauch/Bay Area News Group) ( DAN ROSENSTRAUCH ) 177 "She beat on us for years that we've got to do that," Wieskamp said. "She cares about all those cultures, and she made us care about that issue."

U.S. Rep. Mark DeSaulnier, D-Concord, worked with Lane when he was a Contra Costa County supervisor.

"Too many people run for elected office based on ego," he said. "Bev Lane is the personification of the locally engaged citizen, for all the right reasons."

Lane said that for her, it's all about putting things in proper context with their surroundings. While that is a prerequisite for any historian, it also is a good strategy for public servants, she said. She said the problems the city of Concord has had recently concerning selecting a master developer for the Concord Naval Weapons Station should prompt a look at the bigger picture.

"In Concord, we're very close -- we're planning the parks at this stage -- and that's extraordinary," she said. Reuse hopes and dreams have dragged on far longer in other places, she said, including Alameda.

In her role as a park district trustee, she is helping negotiate for Concord Hills Regional Park with officials from the U.S. Navy and the National Park Service. But she's never far from her local roots. She attended a November meeting in Danville of the Friends of the San Ramon Creeks group to discuss preparing creek banks for El Niño rains. Lane didn't lead or moderate that meeting, but she answered people's questions as best she could.

"I was really pleased with that meeting," she said.

Organizing successful creek-bank meetings and making big-stage agreements with federal officials aren't so different in the big picture, Lane said.

"Pretty much the only difference is the subject matter -- wherever you are, you're probably working with people who don't have enough time, or for whom that (subject) isn't their primary interest."

Contact Sam Richards at 925-943-8241. Follow him at Twitter.com/samrichardsWC.

178

SWEET BOATING LAKE, WILDERNESS TRAIL JUST 50 MINUTES AWAY

POSTED April 4, 2016 12:42 p.m. By DENNIS WYATT

LIVERMORE — Del Valle Regional Park — just 50 minutes from Manteca — offers arguably the best spot in the Coastal Ranges to enjoy boating, fishing, hiking, and an abundance activities from picnics to flying radio controlled aircraft.

The route from Livermore — via Tesla Road and then onto Mines Road and ultimately Del Valle Road — is popular with cyclists for its nice steady rise from the valley floor and its wide shoulders. Those bicyclists more ambitious as well as motorists out for a Sunday drive to take in the wild flowers and mostly unspoiled scenery stay on Mines Road and climb up a ways more toward the ridgeline to reach Mt. Hamilton near San Jose or to turn back to the San Joaquin Valley via Del Puerto Road into Patterson.

The park itself is in a small valley focused around a five mile lake popular with sailboat enthusiasts, and fishermen. While the lake is currently closed to swimming due to the presence of toxic algae it still lures water enthusiasts for its serene an idyllic setting. Its shoreline picnic spots are popular for picnics, family gatherings, and other celebrations. The lake is surrounded by 4,395 filled with wildlife ideal for nature study as well as trails for hikers and equestrians.

It is also the eastern end of the Ohlone Wilderness Trail stretching 28 miles from Lichen Park Picnic Area to the Stanford Avenue staging area near Mission Peak in the San Jose area. Along the way you pass through the Ohlone Regional Wilderness, holdings of the San Francisco Water Department, the Sunol Regional Wilderness and the Mission Peak Regional Wilderness. There is also plenty of wildlife including an occasional sighting of Tule elk and even mountain lions. 179 Those braving hiking all — or part — of the Ohlone Wilderness Trail are in for treats that relatively few partake.

Day use to enter Del Valle Regional Park is $6 with another $2 for the trail permit. You can also secure permits for overnight camping.

Your permit — that you must carry at all times — is a sturdy paper map that offers an excellent map of the easy to follow main trail and spurs as well as an elevation profile with a wealth of other information.

Much of the main hiking trail follows old dirt ranch roads. Don’t be fooled into thinking this will make the hike a walk in the park. The first segment from Lichen Park Picnic Area climbs rapidly gaining 1,200 feet in elevation. Other segments are typical trails that often narrow down to enough width for one person as well as having their share of rocks and fallen trees to bypass or go over.

The first crest gives you sweeping views of Mt. Diablo and its kissing cousin North Peak dominating the horizon above Livermore as well as views of the wind-mill studded Altamont Pass, Tracy and beyond, the Northern San Joaquin Valley and the eastern side of the Coastal Range.

There are two easy to reach destinations for day hikes from Del Valle Park — Murrieta Falls and Rose Peak.

My trip last Saturday was the 11.5-mile round trip to the falls named after the legendary California outlaw Joaquin Murrieta. The hike offered sweeping green hills, wildflowers, woodlands and a scattering of oak trees on ridge lines and in mini-valleys.

Murrieta Falls at the 3,300-foot elevation is the Bay Area’s longest in terms of its drop. Besides the fact will be drying up in the next month or so, its wimpy scale isn’t the main appeal of the trip. Instead it is the sweeping views and relative isolation of the Ohlone Wilderness despite being snuggled up against the urbanized San Francisco Bay Area. The elevation gain for the hike to Murrieta Falls is 3,500 feet.

My goal Saturday originally was Rose Peak that — at 3,817 feet — is the Bay Area’s second highest peak coming in just 32 feet lower than Mt. Diablo. It involves a 20-mie round trip and 4,500 feet in net gain during the hike.

Between getting a late start — I didn’t reach the Del Valle Park entrance gate until 8 a.m. although it opens two hours earlier — and the fact the gate closes at 7 p.m. in March, I opted not to tackle Rose Peak. I may have been able to squeeze it in but one problem — a wrong turn or such — and I would have been spending the night in my Escape.

In April the gate hours are 6 a.m. to 8 p.m. before increasing to 6 a.m. to 9 p.m. through Labor Day.

180 Seasoned hikers suggest that most people try to squeeze in either hike between September into early June due to the heat and exposure to the sun during summer.

Even though by May the grass will have turned golden, the falls dried up, and most of the ponds will be long gone, I’ll return to tackle Rose Peak. Before then I’ve got my eye on a 6.2-mile loop within Del Valle Park that has a high point of 1,300 feet and net elevation gain of 900 feet that most people can cover in three to five hours.

The trail — reported to be surprisingly remote — is on the lake’s eastern side yet rarely gets much use. It has an abundance of gigantic California Blue Oaks with canopies spreading up to 25 feet awaiting hikers has a long stretch along the lake’s eastern shore.

For more information on Del Valle Regional Park go to ebparks.org/parks/del_valle.

For more information on the Ohlone Wilderness Trail go to ebparks.org/parks/ohlone.

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Ultimate Sunday Bike Ride: The Alameda Creek Trail

By Chas Blackford April 01, 2016 10:30 AM

This easy 12-mile ride spans from Fremont to the San Francisco Bay. The weather looks to be mostly sunny and lovely in the East Bay this weekend. Why not take a gentle bike ride along the serene Alameda Creek Trail, which runs uninterrupted for 12 miles from Fremont to the San Francisco Bay.

(Photo by Amy Meredith via Flickr Creative Commons) Our ride begins at the eastern end, in Fremont, which means you're in for a slight uphill return (all of 200 feet), but you’ll have the wind at your back. How to Get There The trailhead is located in Fremont’s Niles Canyon. 182 1. From Hwy 880, head east on Hwy 84. 2. Exit Thornton Ave. then make a right on Fremont Blvd. 3. Turn left on Peralta Blvd. then left on Mission Blvd. 4. Make a right on Niles Canyon Rd., then another immediate right on Old Canyon Rd. 5. Park on the left, after crossing the creek. From Hwy 680, head northwest on Mission Blvd. AC Transit options are bus routes 216 and 232 on Mission Blvd.

The Ride 1. Head west out of the staging area on the trail and enjoy the next 12 miles of uninterrupted travel. You will first encounter the many ponds of the Quarry Lakes Regional Recreation Area, a magnet for birds and bird watchers.

(Photo by Charlie Day via Flickr Creative Commons) 2. Alameda Creek’s seasonal wetlands make an appearance after crossing under Union City Blvd. 3. As you approach the bay, the Coyote Hills loom to your left. 4. Continue straight alongside the creek till you reach the end, taking in the marvelous views of the South Bay.

There are restrooms at the north side of the trail at Union City Blvd. Coyote Hills Regional Park has water as well as picnic tables. We suggest packing a lunch as 183 there are no trailside dining opportunities.

(Photo by Nina via Flickr Creative Commons) Extend Your Ride Tack on an extra four miles by taking the paved loop around Coyote Hills. Those willing to venture off-road can loop around the salt ponds by heading down towards the Dumbarton Bridge.

184  Account Local Mountain bikers beware: Marin rangers to use radar guns

By Steve Rubenstein

April 1, 2016 Updated: April 1, 2016 9:08pm

Photo: Michael Macor, The Chronicle A mountain biker cruises the trails of the Marin open space, where rangers will enforce the 15 mph speed limit. The long arm of the law is going to be holding a radar gun on the majestic mountain bike trails of Marin County, and the other hand is probably going to be holding a book full of citations.

Beginning this month, park rangers will be staking out open space areas where mountain bikers, hikers, dog walkers and horseback riders have been known to speak words to one another that are less than bucolic. Bikers speeding along the dirt paths where modern mountain biking was born will be eligible for tickets as part of a campaign to reduce friction between trail users.

The speed limit for a mountain bike on the Marin County Parks agency’s open space trails is 15 mph. Going uphill, that’s rarely an issue. Going downhill, say mountain bikers, it’s easy to go twice that fast.

“They’re going to ruin the sport if they make people go 15 miles an hour,” said Glenn Fiedler, a veteran biker who had come all the way from Austin, Texas, to take a spin on Mount Tamalpais.

185 The county parks department said this week that it will assign its two sheriff’s deputies to occasional bike speed stakeouts, using two recently acquired radar guns. Exactly where the deputies will be assigned is top secret — it could be at any of the agency’s 34 open space areas, encompassing 16,000 acres.

“But the ridgetops above Mill Valley, Fairfax and San Rafael would be likely places,” said Max Korten, assistant director of Marin County Parks.

Fiedler admitted that he was probably going closer to 30 mph when he lost control and crashed his mountain bike Friday on Old Railroad Grade north of Mill Valley. His arms, hands and knees were bloody, but he smiled and said he was OK. Fiedler said he tries his best to share the trail, even when the trail has other ideas about how to treat him in return.

“I’m always polite and say, ‘Howdy,’” he said. “But I also like the excitement of going fast. To keep it at 15 mph when you’re coming down from the top, you’re going to be squeezing your brakes the whole time. What fun is that?”

Rogue 1 percent Maureen Pardi, who was taking her first mountain bike ride with her husband, Marco, said she was OK with the radar guns and the speed limit.

“But maybe I’d feel different if I was more experienced,” she said.

Marco Pardi said a speed limit is a good idea, too. Even with no speedometer on his bike, he said, he knows what 15 mph feels like. Taking his first bike ride with his wife, he said, was challenge enough.

“It’s really all about being in control,” he said. “Ninety-nine percent of the bikers are courteous and respectful, but there’s always some who aren’t.”

Korten said the parks department’s idea is to “assist and educate folks about speeding” and that nothing has worked better, educationwise, than the 64 citations and warnings issued by radar-toting sheriff’s deputies over the past year on the popular Mill Valley-Sausalito trail that passes through wetlands and alongside a soccer field.

186 The enforcement campaign on that trail worked so well, Korten said, that park directors decided to try it throughout the county.

“We noted a decrease in speed,” Korten said. “The number of problems went down.”

Trying it out The open space campaign will begin with several weeks of radar speed checks that could lead, within weeks, to warnings and citations.

In the East Bay, rangers also patrol popular off-road bike trails to monitor conduct and keep the peace, said East Bay Regional Parks spokeswoman Carolyn Jones. Its rangers use a light-based speed gun, similar to radar, said Sgt. David Greaney of the park police.

Heavily used paved trails, such as the Iron Horse and George Miller trails, are frequently patrolled. In the past year, park police issued about two dozen citations and warnings.

By law, a moving violation received by a bicyclist is similar to one received by an automobile driver and counts against his or her driving record. Fines vary but typically cost several hundred dollars, and citations can also increase the cost of vehicle insurance.

At the Camino Alto open space between Mill Valley and Larkspur, dog walker Beth Greer was walking her poodle, Jake. Speedy mountain bikes, she said, are a dog walker’s nightmare.

“Oh, my God, they come whizzing up, out of nowhere, and they yell at you to move over,” she said. “It’s scary.”

Amy Quaranta said she and her Labrador retriever, Arlo, have had “plenty of close calls, but we’ve never been hit.”

She said rangers ticket dog walkers all the time for not picking up poop, so rangers ticketing other trail users would not be amiss.

Where it all began 187 The modern sport of mountain biking was born in 1977, when Mill Valley’s own Joe Breeze crafted the first lightweight, high-end bike and began riding it on Mount Tam. Previously, off-road bikers rode heavy clunkers and modified kiddie bikes.

Times have changed. At the Tam Bikes store in Mill Valley, a top-of-the-line S- Works Epic mountain bike with electronic shifting sells for $11,500.

For aficionados, 15 mph on a such a fine bike “feels like crawling,” said mechanic Matt Weeder. “People come from all over the world to ride mountain bikes on Mount Tam. We don’t want to discourage people from doing that, do we?”

Herman Ng, who had dropped by the store to have a tire fixed, said he rings his bell and calls out to hikers. That’s the solution, he said — not speed traps that will take the fun out of the sport.

“Fifteen miles an hour is a drag,” he said. “I believe in sharing the trail. But these bikes are meant to go a lot faster than that.”

Bikers say they can be just as scared of dogs and horses as hikers, dog walkers and horseback riders can be of a fast-moving biker.

“It’s true, bikes can freak people out when they fly around a corner and come up on somebody,” Weeder said. “But a dog that’s not on a leash can freak out someone on a bike. Everybody just needs to be a little more considerate of everyone else.”

Steve Rubenstein is a San Francisco Chronicle staff writer. Email:[email protected] Twitter: @SteveRubeSF

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Guest commentary: Clean water in the west means tackling wildfire threats By Robert Bonnie and Tom MartinGuest commentary POSTED: 04/01/2016 12:00:00 PM PDT

In conjunction with the United Nations World Water Day, the White House hosted a Water Summit to raise awareness of water issues in the United States. A clear takeaway from the Summit was, if we want to have clean water in the West, we must work together to tackle the threats of catastrophic wildfire. A changing climate, ongoing drought, higher temperatures and mild winters have resulted in record low snowpacks and low reservoir storage levels from Oregon to Arizona. Last year, the West experienced one of the worst wildfire seasons in history. More than 10 million acres of forest burned, with many reaching catastrophic levels of loss.

Forests play an intimate role in our water supply. Healthy forests act as a natural water filter and storage system, keeping water clean, regulating stream flow and reducing flooding.

Sixty-five percent of the public water supply comes from forests. In the West, nearly 64 million people depend on forests for their clean drinking supply. High- intensity fires can severely damage forested watersheds, leaving nothing left to prevent runoff and debris from filling streams and rivers and compromising downstream water supplies.

Protecting our forests -- both public and private -- is vital to an abundant water supply. The American Forest Foundation recently published a report that examines the ownership patterns of forests in important watersheds that are also at high risk of wildfire.

The report found that roughly 40 percent of high-fire-risk lands in critical watersheds are private and family owned.

In California, there are more family and private owned lands (54 percent) at risk in key watersheds than federally managed lands. Family forest owners are motivated to act both for themselves and for the protection of the water supply.

189 We can protect this water supply only through coordinated partnership efforts. We need solutions that encourage action across ownership types in the West's patchwork landscape as well as more public and private funding to help landowners.

Already, the U.S. Department of Agriculture is working hand in hand with AFF and state partners.

Over 13 million acres across both public and private land in California are in important watersheds at a high risk to fire. These at-risk watersheds provide nearly 17 million Californians with drinking water. With Cal Fire and USDA, AFF has launched an effort near the foothills of the Sierra Nevada range to connect with private landowners.

USDA and Cal Fire provide these landowners with requested technical and financial assistance on fuels reduction and forest restoration. All while focusing resources on restoring neighboring public lands for a true cross-boundary approach.

While these projects are showing signs of early success, they alone will not be enough. We need to fix how the Forest Service is forced to pay for fire suppression.

Currently, more than 52 percent of the Forest Service budget is diverted to fire suppression, a situation that continues to erode the agency's ability to mobilize resources to work with landowners to reduce fire risk and restore the health and resiliency of our forests.

The most important step Congress can take to keep our forests healthy is to pass the bipartisan Wildfire Disaster Funding Act.

We must do more.

Together, we can expand our commitment to innovative cross-boundary strategies and achieve long-term success at ensuring we have enough water when and where we need it.

Robert Bonnie is the under-secretary for natural resources and environment for the U.S. Department of Agriculture. Tom Martin is the president and CEO of the American Forest Foundation, a forest conservation nonprofit.

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Oakland Tribune editorial: Concord must restart bidding for weapons station project Oakland Tribune editorial POSTED: 03/31/2016 01:30:00 PM PDT | UPDATED: 12 DAYS AGO

Looking west towards the Concord Naval Weapons Station in Concord, Calif., on Saturday, Aug. 15, 2015. (Jose Carlos Fajardo/Bay Area News Group) (JOSE CARLOS FAJARDO) The Concord City Council should apologize to the community and start from scratch in its search for a master developer for the massive Naval Weapons Station project.

The council cannot continue on its current path and regain public confidence. With their outrageous behavior, council members chased away Catellus Development, which had brought the city the superior proposal but withdrew last week. Only one developer remains in the running. The city has lost its leverage to negotiate favorable terms. The council can either give away the store to Lennar Urban, which sullied itself by improperly orchestrating campaign contributions to a council member, or restart the search. Clearly, it must begin anew. But the new search must be completely transparent - - unlike the current fiasco.

191 With a project half the size of Pleasant Hill, with $1 billion or more at stake, there was no excuse for Councilman Tim Grayson accepting campaign contributions from Lennar associates. There was no justification for his political consultant, Mary Jo Rossi, meddling by telling Catellus it could improve its chances if it aligned with local developers. And there was no defense for Grayson seeking political advice from Willie Brown after the former San Francisco mayor had just made a pitch on Lennar's behalf. Concord already had a reputation for backroom deal-making. City Manager Valerie Barone's decision to hire Guy Bjerke, a politically connected former councilman, as the project's planning director reinforced the impression that politics trumps professionalism in Concord. And Barone's illegal secret scheming with council members to withhold the staff recommendation favoring Catellus was inexcusable.

When independent investigator Michael Jenkins issued a damning report on the political influence peddling, council members only wanted to blame Catellus for sparking the inquiry -- even though its complaint was serious and proved legitimate.

Little wonder Catellus President Ted Antenucci lost trust. Who could blame him?

If the city had entered into an exclusive negotiating agreement with Catellus, as staff had originally recommended, the company would have paid for hundreds of thousands of dollars of city transaction costs. Yet, the city could still back out without signing a deal.

Given the history, Antenucci's recent request that Concord share financial risk until a final deal was struck was reasonable. Sadly, Mayor Laura Hoffmeister was incapable of understanding the situation. And Councilman Edi Birsan launched another of his unwarranted attacks on Catellus.

If Birsan was trying to curry favor with local power brokers to retain his council seat in November, and Grayson wanted backing for his Assembly bid, they forgot that voters also have an interest in the project.

If the council has even a modicum of respect for the community, it will start over.

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After 50 years, a rare desert plant blooms in Tilden Park March 30, 2016 3:00 pm by Tracey Taylor

The giant nolina beginning to flower at Tilden Park’s Botanic Garden. Photo: Bart O’Brien/EBRPD

After 50 years of quietly minding its own business at the Regional Parks Botanic Garden in Tilden Park, a rare desert plant by the name of “giant nolina” has started flowering — probably for the first time ever. The giant nolina, also known as giant beargrass, is a California native plant found only in the Kingston Mountains of the eastern Mojave Desert in San Bernardino County, according to the Botanic Garden.

There are in fact two nolina plants at the garden, and they were collected by the garden’s founding director, James Roof, and a garden staff member, Walter Knight, from the area near Beck Springs in the Kingston Mountains back in 1966.

Unlike many plants with giant blooms, the giant nolina does not die after flowering – it just keeps on growing.

193 “Another unusual attribute of these plants is that they are either male or female,” Garden Manager Bart O’Brien said in a release. “The vast majority of plants are bisexual. Since ours hasn’t opened any flowers yet, we don’t yet if it is male or female.” If it does turn out to be female, the blooming will last more than a month, as the flowers yield fruits, according to the garden.

The plant as a whole is about 15’ tall, with the flower stalk and flowers about 7’ tall. The individual flowers are very small and are cream-colored, with thousands of densely packed flowers on each branch of the inflorescence. Originally described botanically as Nolina wolfii, it is now categorized with the typically much smaller and more common Parry’s beargrass (Nolina parryi). Photo: Bart O’Brien/EBRPD

The rare bloom may be trying to compete with another local plant flowering that happens only occasionally at the nearby UC Botanical Garden. The blooming of Trudy the corpse flower, a Sumatran plant officially called Amorphophallus titanum ortitan arum, is such an unusual event that the garden puts on free shuttle buses, and visitors flock there to see it in their thousands. That, despite the fact that Trudy is known for being malodorous — its smell is variously described as being akin to a dead mouse or a rotting cow.

The giant nolina, which is not known for any particular smell, can be seen at Regional Parks Botanic Garden, which is open to the public for free every day, 8:30 a.m. to 5 p.m. The garden is in Tilden Regional Park at the intersection of Wildcat Canyon Road and South Park Drive. (Note South Park Drive re-opens April 1; until then, take alternate routes through the park). The Regional Parks Botanic Garden has a public spring native plant sale Saturday, April 16, from 10 a.m. to 3 p.m.

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8 | Oakland's Urban Gateway to the Redwoods and Beyond In 2007, after opening a new location of La Farine Bakery in Oakland’s Dimond District, I moved into the neighborhood. With I-580, a major AC Transit bus transfer hub, and an easy connection to BART just a block away, I quickly learned how accessible my new community was. But soon, I realized even grander access – Oakland’s Dimond neighborhood connects through parkland to the Bay Area Ridge Trail and over 500 miles of trails that span the entire East Bay. Tucked between the Dimond, Glenview, and Oakmore neighborhoods, Dimond Parkfeatures 14 acres of urban park including playgrounds, picnic areas, grassy fields, tennis courts, a swimming pool and recreation center. Its paved paths wind through the park amenities, along Sausal Creek, and through towering redwoods and majestic oaks. At the top of the park, crossing sleepy El Centro Ave, you’ll enter Dimond Canyon Park, home to ninety acres of gorgeous wild land park and trails. Dimond Canyon, Old Cañon, and Bridgeview Trails connect and wind through the oak, laurel, and redwood forests along Sausal Creek. At the top, almost two miles from Dimond Park, you’ll reach Monterey Blvd, where a pedestrian tunnel under Highway 13 invites you to enter Joaquin Miller Park.

Photo by Stan Dodson

195 At the Palos Colorados trailhead, the lowest entrance to Joaquin Miller Park, you’ll experience one of the Bay Area’s most beautiful trails. The thick tree canopy and year-round creek will make you soon forget you’re in the middle of a city. While some areas of Joaquin Miller Park are developed, it’s home to a Ranger Station, Community Center, picnic areas, fenced dog runs, and the historic Woodminster Theater, most of it is natural and wooded, with an exceptionally well-maintained trail system, thanks to collaborations between the City of Oakland and volunteers. You’ll find redwood groves, chaparral, year- round streams, and expansive views of the entire Bay Area. Crossing Oakland’s Skyline Boulevard at more than 1,500 feet elevation and almost five miles from Dimond Park, you’ll reach Redwood Regional Park and the Bay Area Ridge Trail. You now once again have many options: take the 339 bus line from Chabot Space & Science Center (just a ten-minute ride) back to Dimond, loop around for a round-trip hike of nine miles that will bring you back down the hill, or keep going towards Tilden Park, Moraga, San Ramon, or Hayward … the list goes on. This urban connection to the East Bay’s vast network of parks, trails, and open space is incredible. You could hike for days and days, and never touch the same piece of ground twice. Stan Dodson has worked as a volunteer to promote and maintain Oakland’s wildlandtrails since 2008. Learn more at OaklandTrails.org

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