Board of Directors Board Meeting Packet

November 3, 2015

Clerk of the Board YOLANDE BARIAL

KNIGHT

(510) 544-2020 PH (510) 569-1417 FAX MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT East Bay Regional Park District

Board of Directors WHITNEY DOTSON President - Ward 1 The Regular Session of the NOVEMBER 3, 2015 Board Meeting is scheduled to commence at DOUG SIDEN 2:00 p.m. at the EBRPD Administration Building, Vice President - Ward 4 2950 Peralta Oaks Court, Oakland BEVERLY LANE Treasurer - Ward 6 DENNIS WAESPI Secretary - Ward 3 DIANE BURGIS Respectfully submitted, Ward 7 JOHN SUTTER Ward 2 AYN WIESKAMP Ward 5 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 NOVEMBER 3, 2015 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT

12:30 p.m. ROLL CALL (Board Conference Room) The Board of Directors of the East Bay Regional Park PUBLIC COMMENTS District will hold a regular meeting at District’s CLOSED SESSION Administration Building, 2950 Peralta Oaks Court, Oakland, A. Conference with Labor Negotiator: Gov’t Code § 54957.6 CA, commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, Agency Negotiator: Robert E. Doyle, Debra Auker, November 3, 2015. Jim O’Connor, Sukari Beshears Employee Organizations: AFSCME Local 2428 Agenda for the meeting is Unrepresented Employees: Managers and Confidentials listed adjacent. Times for agenda items are approximate only and are subject to change during the B. Conference with Legal Counsel: meeting. If you wish to speak on matters not on the agenda, you 1. Existing Litigation – Gov’t. Code Sec. 54956.9 (d)(1) may do so under Public Comments at the beginning of the agenda. If you wish to testify a) Hornischer v. EBRPD on an item on the agenda, please Alameda County Superior Court complete a speaker’s form and Case No. RG 13-668866 submit it to the Clerk of the Board. C. Conference with Real Property Negotiator Regarding Price and/or A copy of the background Terms of Payment – Gov’t Code § 54956.8 materials concerning these agenda items, including any 1) Agency Negotiator: Bob Nisbet, Liz Musbach material that may have been submitted less than 72 hours APN/ADDRESS PROPERTY OWNERS PARK/TRAIL before the meeting, is available Contra Costa County for inspection on the District’s website (www.ebparks.org), 078-320-002 Save Mount Diablo Deer the Administrative Building 14599 Marsh Creek Road, Valley Regional Park reception desk, and at the meeting. Clayton Agendas for Board Committee 368-020-005; 368-020-006 Keith A. Robinson and Carquinez Regional Meetings are available to the public upon request. If you wish 2650 Franklin Canyon Road, Brian N. Robinson, Shoreline to be placed on the mailing list Martinez Successor Co-Trustees of to receive future agendas for a the Harry A. Robison specific Board Committee, Living Trust and the heirs please call the Clerk of the and devisees of Irene V. Board’s Office at (510) 544- 2020. Robinson, Deceased, (formerly known as Harry District facilities and meetings A. Robinson, Trustee) 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. 2:00 p.m. OPEN SESSION (Board Room)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. PUBLIC COMMENTS

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

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of September 21, 2015 to October 4, 2015 (Auker/Doyle) (Resolution) (No Cost) b. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) c. Approval of the Minutes for the Board Meeting of October 20, 2015 (Barial Knight/Auker) (No Cost) d. Authorization to Execute a Services Contract for Project Management Software with Facility Wizard Software Inc. d/b/a Wizard Software Solutions (Lim/Nisbet) (Resolution) (Budgeted Funds) e. Authorization to Execute a Sole Source Agreement for Job Order Contracting (“JOC”) Program Development, Implementation, and Management Services with The Gordian Group, Inc. d/b/a The Mellon Group (Lim/Nisbet) (Resolution) (Budgeted Funds) f. Authorization to Execute Five (5) Utility Crossing Agreements and Payment of Fees for Ten (10) Utility Crossing Agreements with the Union Pacific Railroad for the Atlas Road Extension Improvements Project: Point Pinole Regional Shoreline (Lim/Nisbet) (Resolution) (Budgeted Funds) g. Authorization to Execute a Contract with Geosyntec Consultants and Transfer and Appropriate Funds to Provide Industrial Stormwater General NPDES Permit Implementation Support and to Conduct Staff Training During 2015-2016: Anthony Chabot Regional Park and Other District Facilities (Graul/Nisbet) (Resolution) (Budget Change) h. Authorization to Amend the Consulting Contract for Biological Monitoring for Construction of Staging Area Improvements: Vargas Plateau Regional Park (Graul/Nisbet) (Resolution) (Budgeted Funds) i. Authorization to Award a Sole Source Contract for Professional Services to the University of Center for Forestry, Berkeley, for Sudden Oak Death Mapping and Risk Assessment and to Transfer and Appropriate Funds (Graul/Nisbet) (Resolution) (Budgeted Funds) j. Authorization to Transfer and Appropriate Funds for Land Acquisition Department Projects (Musbach/Nisbet) (Resolution) (Budget Change/ Measure AA & WW) k. Authorization to Transfer and Appropriate Funds for Electrical Improvements Required for Fiber Optic Computer Network Upgrades: District-wide (Tallerico/Barrington/Auker) (Resolution) (Budget Change) l. Resolution to Oppose Export of Coal through the New Oakland Global Trade and Logistics Center (Pfuehler/Doyle) (Resolution) (No Cost)

2:30 p.m. 2. OPERATIONS DIVISION

a. Informational Report on the Chabot Gun Club and Facility Operations at Anthony Chabot Marksmanship Range: Anthony Chabot Regional Park (Waluch/O’Connor) (No Action Taken/ Report Received)

2:45 p.m. 3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Authorization to Exercise an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition of 362.33± Acres of Real Property from Wiedemann Ranch, Inc.: Bishop Ranch Open Space Regional Preserve (Musbach/Nisbet) (Resolution) (Budget Change Measure WW) b. Authorization to Exchange Existing Trail Easements for New Trail and Emergency Vehicle and Maintenance Access Easements from Eric and Megan Lindberg and Victoria Liviakis, Purchase a New Trail Easement from the Golden Rain Foundation of Walnut Creek, and Transfer and Appropriate Funds for Related Expenses: Calaveras Ridge Regional Trail (Musbach/Nisbet) (Resolution) (Budget Change/ Measure WW) c. Authorization to Accept 3.89± Acres Representing a Portion of 620 Central Avenue, Alameda, California (APN: portion 074-1305-026) from the United States of America and Transfer and Appropriate Funds: Crown Memorial State Beach (Victor/Musbach) (Resolution) (Budget Change/ Measure WW)

3:15 p.m. 4. BOARD AND STAFF REPORTS

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

3:30 p.m. 5. GENERAL MANAGER’S COMMENTS 3:45 p.m. 6. BOARD COMMITTEE REPORTS

a. Executive Committee (09/10/15) (Dotson) b. Natural & Cultural Resources Committee (08/19/15) (Nisbet/Lane)

4:00 p.m. 7. ANNOUNCEMENTS FROM CLOSED SESSION

4:05 p.m. 8. BOARD COMMENTS

4:30 p.m. D. ADJOURNMENT CONSENT CALENDAR 7 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of September 21, 2015 Through October 4, 2015 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of September 21, 2015 through October 4, 2015.

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.: 2015 - 11 -

November 3, 2015

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF SEPTEMBER 21, 2015 THROUGH OCTOBER 4, 2015

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 September 21, 2015 through October 4, 2015;

Moved by Director , seconded by Director , and adopted this 3rd day of November, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, to negotiate with:

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 003-160-006 Coelho Machado Family LTD Byron Vernal Pools Byron, CA Partnership

REVENUE/COST

Items of cost, terms or conditions of any option are subject to negotiation and would be presented to the Board for formal approval at a later date.

BACKGROUND

The proposed resolution for this item is in direct response to the Brown Act. According to District Counsel, "The Board may meet in Closed (Executive) Session prior to or during negotiations to give instructions to its negotiator regarding the price and terms of payment for the purchase or the lease of the property only after it has identified the parcels of concern, and has identified the people with whom this negotiator may negotiate in open session."

ALTERNATIVES

No alternatives are recommended.

10 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 -

November 3, 2015

AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS

WHEREAS, Government Code Section 54956.8 requires that prior to or during the negotiations concerning the acquisition of real property, the Board of Directors in closed session may give instructions to its negotiator regarding the price and terms of payment of such property; and

WHEREAS, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiator may negotiate;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on November 3, 2015; and

BE IT FURTHER RESOLVED that the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, are hereby authorized by the Board of Directors on behalf of the East Bay Regional Park District and in its name to negotiate the price and terms of payment of the following parcels of real property:

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 003-160-006 Coelho Machado Family LTD Byron Vernal Pools Byron, CA Partnership

Moved by Director , and seconded by Director , and adopted this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

11 Acquisition, Stewardship & Development Division AUTHORIZATION TO NEGOTIATE t:\bstone\mxd projects\A2N\ 2015\A2N-November-3-2015.mxd Date: November 3, 2015

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Park/Trail: Byron Vernal Pools 1 Owner: Coelho Machado Family LTD Partnership APN: 003-160-006 Location: Byron, CA

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Approval of the Minutes for the Board Meeting of October 20, 2015 (Barial Knight/Auker)

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The Board Meeting, which was held on October 20, 2015 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland was called to order at 12:30 p.m. by Board President Whitney Dotson.

ROLL CALL

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

Directors Absent: Diane Burgis

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 Dotson.

Staff Present: Jim O’Connor, Debra Auker, Carol Victor, Police Chief Tim Anderson, Steve Myli, Michael McNally, Erich Pfuehler, Aaron Roth, Rob Lim, Nelson Lam, Mimi Waluch, Anne Kassebaum, Kim Fisher, Matt Graul, Precious, Linda Wu, Sean Dougan, Liz Musbach, Jeff Rasmussen, Mona Koh, Alicia Gonzales, Tiffany Margulici, Carolyn Jones, Mimi Waluch, Jason McCrystle, Bob Nisbet, Mark Ragatz, Ruby Tumber, Debra Auker, Bill Zenoni, Mike Nolan

A. APPROVAL OF AGENDA

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

Directors Present: Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Absent: Diane Burgis.

The Board and the AGM acknowledged and thanked Retired Board member Carol Severin, who was in attendance, for her years of service to the District.

B. PUBLIC COMMENTS

Dennis Staats, President of the Chabot Gun Club, addressed the Board to explain how the Club has been diligently working to submit environmental proposals, employed an environmental consultant and other consultants.

15

Jim Dill spoke about the Lake Chabot Modernization plan and stated that his views would be affected and does not want it put at this location.

John Maunder, Range Master, Chabot Gun Club stated that they have been working for years and have been compliant on environmental and sound issues.

Kelly Abreu addressed the Board on two topics. He commented that large structures should not be put at Lake Chabot. Abreu also reminded staff that he is waiting for the review from staff on the one year anniversary of new park hours at Mission Peak. He said that curb parking restrictions were omitted in the EIR.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

By motion of Director Lane, and seconded by Director Wieskamp, the Board voted unanimously to approve the consent calendar with the exception of Item f.

Directors Present: Whitney Dotson Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Absent: Diane Burgis.

a. Approval of District Check Listing for the Period of September 7, 2015 to September 20, 2015 Resolution No. 2015 – 10 – 299 (attached)

Approval of the Minutes for the Board Meeting of October 6, 2015

Director Siden noted a correction for the October 6, 2015 minutes.

b. Authorization to Negotiate with Various Property Owners Resolution No. 2015 – 10 – 300 (attached)

c. Authorization to Accept the Bid and Award a Contract with American Asphalt Repair and Resurfacing Company, Inc. for Parking Lot Slurry Seal: Redwood Canyon Public Golf Course Resolution No. 2015 – 10 – 301 (attached)

Director Waespi expressed his support and inquired about completion date. Kelly Barrington, Chief of MAST replied that if approved today, about two weeks. Waespi complimented staff on this project.

d. Authorization for the Purchase and Installation of an Inclined Platform Wheelchair Lift: Environmental Education Center/Tilden Nature Area Resolution No. 2015 – 10 – 302 (attached)

Director Lane expressed her excitement for the wheelchair lift and thanked staff.

e. Acceptance of Bi-Annual Actuarial Valuation for the East Bay Regional Park

16 District General Employees and Sworn Safety Retirement Plans as of January 1, 2015 (formerly Transamerica) Resolution No. 2015 – 10 – 304 (attached)

f. Approval of Out-of-State Travel for Board Member Whitney Dotson to Attend the 2015 Rising Seas Summit in , Massachusetts on November 3 - 5, 2015 Resolution No. 2015 – 10 – 305 (attached)

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Lake Chabot Campus Modernization Project Update: Lake Chabot Regional Park

Director Waespi recused himself due to the proximity of this project to his home.

Chris Barton, Environmental Program Manager and Project Manager gave a PowerPoint presentation. He oriented the board to the location of the buildings from various views, the topography, the building footprint, and the parking lots. The building would be 31,000 sq. ft., would be built to state and essential service standards, the dispatch center would be upgraded, the service yard would have to be relocated, new office, new shop and a new vehicle maintenance shop. The District is still working to clear through the land use entitlements. The project schedule has been adjusted for a 2 month delay. Barton continued with background that this was a former Nike missile site developed by the Dept. of Defense with buildings from the 1950’s. The District has been at this site since 1975. These facilities need to be updated to continue to service both counties. Staff looked at building orientation, building designs, site lighting, grading, height and roof design to offset visual impacts. Barton explained the Land Use Entitlement Process and interactions with Castro Valley Municipal Advisory Council (CVMAC). Staff revised grading and reduced building height by 28 feet. The District’s proposal is consistent with County and District plans. Barton discussed the issues raised from CVMAC. This has been a 5 year process. We have adequately noticed 118 property owners, public agencies, County Fire, State OPR, Supervisor Nate Miley, CVMAC members, Chambers of Commerce, two physical postings and also posted on EBRPD website. At the end of the CVMAC meeting a vote was not taken. The park district was asked to look at alternate sites. Staff did look at off site locations and have looked at the “Saddle Site” and Nike classroom site which would require major development and extension of utilities.

GM Doyle gave a historical perspective of how the District came to purchase 133 acres from the college district in 1998 with the full intent of preserving the Districts corporation yard and how now we have come full circle to recycling this land. Staff is looking at moving the shop to the saddle. The District has 750 employees who need to be able to work in safe and modern facilities. It is a critically important and expensive project.

Director Wieskamp asked if we were looking at Nike classroom site. Barton said it is too small. Director Siden explained to the audience the Brown Act and why Director Waespi, their representative, could not participate as a board member due to the proximity of his home to Chabot. Director Sutter asked what would be the effects of moving the building to the saddle for the other neighbors. GM Doyle added that the intent is to work with designers. Director Lane asked about where the sounds would be detected with the building at the saddle. Director

17

Dotson asked if the 28 foot lowering would compromise service. Barton said that we can still maintain functionality. Siden remarked that he thought we were getting off the ridgeline. GM Doyle replied that staff is being responsive to the concerns of the neighbors and to the CVMAC and are not recommending moving to the saddle yet because information is still being gathered.

Public Speakers

Peter Rosen said that this is not just the concern of the immediate neighbors but all of Castro Valley. He asked that we reconsider the project as proposed and move it to a lower location. He mentioned that staff use story poles. Jeff Panero has lived in the neighborhood for 40 years and has good views of Mt. Tam which he will not see with the building. Panero was concerned with the building being on the ridgeline and light. He would like to have facility moved to an industrial park.

George Phillips, lives in the neighborhood. He designed and brought a table top model of the site depicting the buildings and the elevations. He encouraged the District to move the facility to the saddle.

Al Chamorro, a retired architect, also requested building on the saddle.

Richard Maurer retired civil engineer, agreed with building in the saddle. He added that the Board should think about completely clearing off of the hill.

By motion of Director Siden, and seconded by Director Wieskamp, the Board voted unanimously to approve Item f.

Directors Present: Whitney Dotson Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp. Directors Absent: Diane Burgis. Director Recused: Dennis Waespi.

f. Authorization to Award a Contract for Consulting Services to Consolidated CA to Perform Construction Management Pre-Construction Services for Lake Chabot Campus Modernization Project: Lake Chabot Regional Park Resolution No. 2015 – 10 – 303 (attached)

Bob Nisbet, AGM Acquisition, Stewardship and Development stated that we recommend approving the above item because it is approving the contract for consulting services. Director Siden was concerned that staff was putting the cart before the horse until he met with Nisbet. GM Doyle added that the District is already studying the site. Nisbet stated this contract is for preproduction services. Chris Barton is the project manager.

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

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General Manager Doyle introduced Quynh Truong, Human Resource Analyst, presented the PowerPoint on Human Resources Training Programs. In 2015, 39 different topics and 100 workshops were offered. Truong passed out the Annual Training Catalog. Director Lane asked if there is an evaluation after the program and Truong said there is an evaluation form. Lane asked about a training staff on sudden oak death in trees. GM Doyle said training comes out of HR however the recommendations would come out of Operations and Stewardship. Director Wieskamp complimented Truong and HR Manager, Sukari Beshears on a job well done.

5. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Carol Victor announced that there were no announcements.

6. BOARD COMMENTS

Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Elected Women’s Luncheon; • Attended the Niles Canyon Roll & Stroll; • Attended Zone 7’s presentation on their Patterson purchase; • Attended the Camp Arroyo Grazing Dinner.

Director Lane reported on meetings attended. Director Lane • Attended the Niles Canyon Roll & Stroll; • Attended the Concord Hills Field trip with the PAC; • Attended a Clayton Land Bank Hike; • Attended the Portland Metro Reception at Tilden; • Attended the Alameda County Mayors Conference in Walnut Creek; • Attended the Grazer’s Dinner in Livermore; • Hiked around Point Lobos; learned a new word pinniped (seal or walrus).

Director Sutter reported on meetings attended. Director Sutter • Attended the Oak Knoll Development presentation; • Attended the Operations Committee meeting; • Attended the Measure DD subcommittee meeting; • Attended the EB EDA 25th Anniversary meeting.

Director Siden reported on meetings attended. Director Siden • Attended the Alameda City Council meeting; • Attended the San Leandro Creek Alliance meeting; • Attended the Operations Committee meeting; • Attended the Inside Oakland meeting; • Attended Dave Collins Retirement; • Attended Outdoor Afro’s Glamp Out; • Attended the Workforce Diversity meeting; • Attended the Portland Metro Conference Session; • Attend the Alameda County Mayors Conference; • Attended the EB EDA 25th Anniversary meeting; • Attended Frank Mellon’s Informational meeting; • Attended the 3 Trails Conference in New Mexico; presentation to the Board.

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Director Waespi reported on meetings attended. Director Waespi • Thanked the constituents from Castro Valley; • Attended the Hayward Business Expo; • Attended Supervisor Nate Miley’s Fam Fest; • Attended the Niles Canyon Roll & Stroll; • Attended the Harvest Festival at Ardenwood; • Attended the Alameda County Mayors Conference; • Attended the Portland Metro Conference Session; • Attended the EB EDA 25th Anniversary meeting; • Attended the Concord Hills Field trip with the PAC; • Attended the San Leandro Creek Alliance meeting; • Attended Frank Mellon’s Informational meeting; • Invited all to attend the Town Hall Walk & Talk meeting.

Director Dotson reported on meetings attended. Director Dotson • Attended the Portland Metro Conference Session; • Attended the Richmond Liaison Committee meeting.

D. ADJOURNMENT

The meeting was adjourned at 5:10 pm by Board President Dotson.

Respectfully submitted:

/s/ Yolande Barial Knight Clerk of the Board

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Execute a Services Contract for Project Management Software with Facility Wizard Software Inc. d/b/a Wizard Software Solutions (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Authorize a services contract for providing and implementing project management software with Facility Wizard Software Inc. d/b/a Wizard Software Solutions of , IL in the amount of $40,000; and

2. Approve a contingency in the amount of $6,000 (15% of the contract amount).

REVENUE/COST

Sufficient funding for the contract is available from the operating budgets of the Design and Construction Department and the Acquisition, Stewardship, & Development Division (“Division”).

BACKGROUND

At the May 18, 2015 Planning, Trails, Development, and Stewardship Board Workshop, several initiatives were presented to increase productivity. The initiatives included developing a project oversight system and consolidating, streamlining, and updating current project management reporting systems.

In order to enhance the Division’s capabilities through overseeing and managing its capital projects, staff is recommending the purchase and implementation of a cloud-based Project Database Project Management (“PDPM”) software system. PDPM software, also commonly known in the industry as Capital Program Management Software (“CPMS”), refers to a software system that helps manage the vast amount of information that capital, construction, and facilities renovation projects create. The Division has lacked a centralized project database that provides project details, such as project schedules, milestones, and the ability to track the status and

22 percentage completed for each project. The District’s current financial system (One Solution) has the ability to track project-to-date totals for budgets and spending; however, it is not a tool that provides project tracking details. PDPM software is a database that centralizes key project information related to processes, project scope, cost, and schedules, including a project diary. The software enables an organized and standardized approach to data entry, process management, and information retrieval. PDPM software will improve the monitoring and management of projects.

Over the past several months, staff has vetted a number of PDPM systems. The process has involved researching systems, soliciting proposals, system demonstrations, interviews, and speaking with users of these systems. Staff has determined that Projecto™ by Wizard Software Solutions best meets the needs of the Division. Projecto™ is of a scale that fits the needs of the Division, yet it is flexible enough to meet any expansion or changing requirements. Projecto™ is competitively priced and will be a cost effective tool for the Division.

ALTERNATIVES

No alternatives are recommended.

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EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 –

November 3, 2015

AUTHORIZATION TO EXECUTE A SERVICES CONTRACT FOR PROJECT MANAGEMENT SOFTWARE WITH FACILITY WIZARD SOFTWARE INC. D/B/A WIZARD SOFTWARE SOLUTIONS

WHEREAS, the East Bay Regional Park District’s Acquisition, Stewardship, and Development Division is developing a project oversight system in order to consolidate, streamline, and organize the multiple project tracking systems that currently exist; and

WHEREAS, a cloud-based Project Database Project Management (“PDPM”) software system will provide for a consolidated project oversight system for tracking project details such as schedules, milestones and status; and

WHEREAS, the District solicited and evaluated proposals to provide and implement a PDPM software system; and

WHEREAS, the District has determined that Projecto™ by Facility Wizard Software Inc. d/b/a Wizard Software Solutions best meets the needs of the District; and

WHEREAS, the cost is $40,000, which is available from the operating budgets of the Acquisition, Stewardship, and Development Division, and the Design & Construction Department;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes a services contract to provide and implement a project management software to Facility Wizard Software Inc. d/b/a Wizard Software Solutions of Chicago, IL in the amount of $40,000; and approves a contingency in the amount of $6,000; 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 approved this 3rd day of November, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Execute a Sole Source Agreement for Job Order Contracting (“JOC”) Program Development, Implementation, and Management Services with The Gordian Group, Inc. d/b/a The Mellon Group (Lim/Nisbet)

RECOMMENDATIONS

The General Manager recommends that the Board of Directors: 1. Authorize the execution of a sole source agreement for Job Order Contracting (JOC) program development, implementation, and management services with The Gordian Group, Inc. d/b/a The Mellon Group (“Gordian”), Greenville, South Carolina, in the not-to-exceed amount of $500,000; and

2. Authorize the General Manager, or designee, to execute the agreement with Gordian for a contract term of three (3) years.

REVENUE/COST

Funds for these services are contained within the approved budget appropriations of each individual project for which the District may choose to utilize the JOC method. There are no upfront costs to develop the JOC program for the District. Gordian charges a 1.95% License Fee and a 3.05% Job Order Development Fee (Total Fee of 5%) if and when a job order is issued to a JOC contractor, based on the value of the work. In addition, Gordian charges a 5.95% Construction Management Fee if and when the District opts for this additional service. Given the District’s workload, having the construction management services option would be prudent.

Examples of fee calculations:

Example No. 1: If the District completes $4.5 million worth of projects using JOC and Gordian provides construction management services, Gordian’s fee would equate to: $4.5 million x (.05 + .0595) = $492,750.

Example No. 2: If the District completes $1 million worth of projects using JOC and the District does not opt for the construction management services on any of these projects,

26 Gordian’s fee would equate to: $1 million x .05 = $50,000.

BACKGROUND

Job Order Contracting (JOC) is a procurement method whereby agencies may award annual contracts for repair, remodeling, or other repetitive work to be done according to unit prices. Currently, more than 200 public agencies throughout the United States and Canada are utilizing JOC. These agencies include federal agencies such as the U.S. Department of Defense, and state agencies such as the University of California and California State University systems. In addition, twenty-one California counties have implemented JOC programs including the nearby counties of Alameda, Contra Costa, Sacramento, , San Mateo, Santa Clara, and Solano.

JOC has proven to reduce costs, save time, and increase productivity for agencies that utilize JOC as a part of their project delivery strategy. Implementing a JOC program for the District is anticipated to yield similar results. JOC will be an effective tool in helping the District complete new and current projects and backlogged projects from past years, as well as improve responsiveness to urgent and time sensitive projects. The Design & Construction Department will manage the JOC program and will assist other departments who choose to utilize JOC on any of their projects.

In general, creating a JOC program involves developing contract documents, including technical specifications and a unit price book (Gordian’s unit price book being the Construction Task Catalog®) that is then competitively bid, and one or more construction contracts are awarded to these “JOC contractors.” By code, these JOC construction contracts are annual contracts and the award of these contracts will be brought before the Board for approval. A JOC contractor agrees to perform work according to the prices in the Construction Task Catalog® multiplied by a percentage factor as identified in its bid. A JOC construction contract is akin to having an on-call contract with a construction contractor that includes predetermined prices for the work to be performed.

As individual projects at various sites throughout the District are initiated, scopes of work will be developed and job orders will be issued to the JOC contractors. Because multiple projects can be worked on simultaneously, projects can be completed more efficiently. With Gordian’s JOC software system, projects can be tracked more effectively and efficiently than currently possible. Given the nature of the contracts, the District will be under no obligation to issue specific projects or a certain number of projects to a JOC contractor. This will provide the JOC contractor with a greater incentive to complete each job in a timely manner, and deliver high-quality construction in order to receive future projects through the JOC program.

Gordian’s services will include developing technical specifications, Construction Task Catalog®, bid documents, and contract and general conditions; assisting the development of project scopes of work; facilitating the issuance of job orders; and managing the JOC process utilizing its web-based software applications. Gordian has developed an extensive database of construction tasks and associated technical specifications that contain over 280,000 individual items. The catalog that Gordian will develop for the District will be specifically designed for the District. Each task within the catalog will take into consideration local construction costs for labor, equipment, and materials. During the development and implementation of the JOC

27

program, Gordian will conduct informational meetings with the construction contractor community. In summary, Gordian will provide an integrated system incorporating program development, document development, procurement support, computer software, customized forms, management procedures, training for District staff and the JOC contractors, and ongoing support.

Gordian has a National Joint Powers Alliance (NJPA) agreement to provide JOC consulting services. Gordian went through NJPA’s competitive selection process and was evaluated by NJPA to be the best firm to provide JOC consulting services. The District is a member of NJPA and can contract with Gordian via their existing NJPA agreement. There is an additional fee to be paid to NJPA for this arrangement.

As an option to the NJPA arrangement, Gordian can be procured via sole source. The vast majority of agencies across the country that elected to implement a JOC program have contracted with Gordian to provide JOC consulting services. Out of the twenty-one California counties who have implemented JOC, fourteen of them procured Gordian via sole source. When a Request for Proposals for JOC consulting services was issued, Gordian was the lone respondent the vast majority of the time. Gordian provides a highly specialized and proprietary product solution consisting of the following components:

 eGordian® web-based JOC applications configured to meet the needs of each client,  Construction Task Catalog® customized to include the construction tasks required by each client, with task prices based on the client’s local cost of labor, materials and equipment,  Extensive implementation services and support materials to train client and construction contractor staff to properly utilize the system, and  Ongoing technical maintenance and support services by Gordian employees during the term of the contract, including 24/7 toll free software support.

This item was presented to the Board in open session on October 6, 2015. The Board directed staff to engage in a second Meet and Confer meeting with the Union to address their questions. This second Meet and Confer occurred on October 27, 2015. Following some discussion regarding the types of projects that would be candidates for using JOC, staff proposed that an annual report of all contract work performed using JOC be presented to the Board, and that a written report of all pending JOC work orders be distributed to the Union Leadership quarterly.

Based on the information above, it is recommended that Gordian’s services be procured on a sole-source basis. District Counsel has reviewed the justification and has approved this as a sole source agreement.

ALTERNATIVES

No alternatives are recommended.

28 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 -

November 3, 2015

AUTHORIZATION TO EXECUTE A SOLE SOURCE AGREEMENT FOR JOB ORDER CONTRACTING (“JOC”) PROGRAM DEVELOPMENT, IMPLEMENTATION, AND MANAGEMENT SERVICES WITH THE GORDIAN GROUP, INC. D/B/A THE MELLON GROUP

WHEREAS, the East Bay Regional Park District desires to implement a Job Order Contracting Program; and

WHEREAS, based upon the unique experience, expertise, and qualifications of The Gordian Group, Inc. d/b/a The Mellon Group (“Gordian”), it is most efficient and cost effective to have this firm provide Job Order Contracting (“JOC”) Program development, implementation, and management services;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the execution of a sole source agreement with Gordian, Greenville, South Carolina, in the not-to-exceed amount of $500,000, to provide JOC Program development, implementation, and management services; and

BE IT FURTHER RESOLVED, that the General Manager, or designee, is hereby authorized and directed, on behalf of the District and in its name, to execute the agreement with Gordian for a contract term of three (3) years; 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 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

29

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Execute Five (5) Utility Crossing Agreements and Payment of Fees for Ten (10) Utility Crossing Agreements with the Union Pacific Railroad for the Atlas Road Extension Improvements Project: Point Pinole Regional Shoreline (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Authorize the execution of five (5) Crossing Agreements between the East Bay Regional Park District and the Union Pacific Railroad for utilities on the proposed Atlas Road Bridge crossing the Union Pacific Railroad right-of-way; and

2. Authorize the payment of fees for ten (10) Crossing Agreements for utilities on the proposed Atlas Road Bridge crossing the Union Pacific Railroad right-of-way.

REVENUE/COST

Funding for the utility crossing agreement fees is available in the Atlas Road project budget (Project #539700).

FUNDS AVAILABLE Construct Vehicular Bridge (Project #539700) $10,583,497 Encumbrances and Expenditures to Date ($ 4,275,885) Balance $ 6,307,612

USE OF FUNDS Crossing Agreement Fees $ 213,800 BALANCE REMAINING $ 6,093,812

BACKGROUND

A new entrance to the Point Pinole Regional Shoreline is being developed at the west end of Atlas Road in Richmond. The entrance will serve a new visitor staging area, future service yard,

30 and future visitor center. The entrance requires construction of a bridge over the Union Pacific Railroad (“UPRR”) right-of-way, and includes utilities spanning across the new bridge to serve facilities in the park. The Project is a joint effort of the Park District and the City of Richmond. The Park District has agreed to undertake the funding, design, and construction of the Project. Funding includes a contribution of $1,455,510 from the City. The City has agreed that it will own and maintain the bridge upon its completion.

In order to construct over UPRR’s tracks, in 2012 the District entered into an agreement between the Park District, the City, and UPRR, granting the necessary entry rights over UPRR’s rail corridor for construction and long-term use and maintenance of the bridge. UPRR is providing the easement rights to the Park District and the City at no cost as part of an earlier agreement with the Park District arising from the City of Martinez’s Inter-Modal Project. However, the Park District is required to obtain and pay fees for Crossing Agreements for each utility line that will span across the UPRR right of way. The District has now finalized plans and specifications related to the utility lines based on UPRR’s requirements, and the railroad has provided the required utility license Crossing Agreements for the District’s approval.

A total of ten Crossing Agreements are required as follows:

UPRR File Crossing Type Description One-Time Fee

2827-52 Wireline Crossing EBRPD Fire Signal $18,600 2828-92 Pipeline Crossing EBRPD Sanitary Sewer $20,300 2829-03 Pipeline Crossing EBRPD Potable Water $20,300 2829-08 Pipeline Crossing EBRPD Irrigation Water $20,300 2829-13 Pipeline Crossing EBRPD Private Fire Line $22,100

2828-34 Wireline Crossing AT&T Telecom $18,600 2828-56 Wireline Crossing AT&T Telecom $18,600

- Wireline Crossing PG&E Electrical Power $25,000 - Wireline Crossing PG&E Electrical Power $25,000 - Pipeline Crossing PG&E Natural Gas $25,000

Total Fees for ten (10) Crossing Agreements $213,800

The District will execute five Crossing Agreements with UPRR. AT&T and PG&E will execute their own Crossing Agreements with UPRR, however per the agreements with the utility providers, the District will pay the fees. Note that at this time, the PG&E fees are approximate and are estimated to not exceed $25,000 each.

The utilities are sized to serve the new staging area and the future service yard and visitor center. Staff recommends executing the five Crossing Agreements and paying the fees for the ten agreements to comply with UPRR requirements.

31

California Environmental Quality Act

The Project was previously evaluated in an Environmental Impact Report (EIR) prepared by the City of Richmond in 1992 and a Park District Negative Declaration prepared in August 1998. In 2010, staff performed a site assessment and determined that there were no changes in circumstances within the project area or new information requiring further environmental review. Accordingly, no further environmental review is required.

ALTERNATIVES

No alternatives are recommended.

32 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 –

November 3, 2015

AUTHORIZATION TO EXECUTE FIVE (5) UTILITY CROSSING AGREEMENTS AND PAYMENT OF FEES FOR TEN (10) UTILITY CROSSING AGREEMENTS WITH THE UNION PACIFIC RAILROAD FOR THE ATLAS ROAD EXTENSION IMPROVEMENTS PROJECT: POINT PINOLE REGIONAL SHORELINE

WHEREAS, the East Bay Regional Park District is developing a new entrance to Point Pinole Regional Shoreline at the end of Atlas Road in Richmond, California; and

WHEREAS, the new entrance will serve a new visitor staging area and anticipated future improvements; and

WHEREAS, the new entrance requires construction of a bridge over the Union Pacific Railroad right-of-way; and

WHEREAS, as part of the agreement with the Union Pacific Railroad for utilities spanning across the Railroad right-of-way, the District is required to obtain and pay fees for Crossing Agreements for each utility line; and

WHEREAS, the District is to execute and pay fees for five Crossing Agreements between the Railroad and the District; and

WHEREAS, AT&T and PG&E will execute their own Crossing Agreements with the Railroad, and the District is to pay the fees for these five agreements;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the execution of five Crossing Agreements between the District and the Railroad; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the payment of fees for ten Crossing Agreements in the amount not to exceed $213,800 from project 539700 - Construct Vehicular Bridge; 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.

33

Moved by Director , seconded by Director and approved this 3rd day of November, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT

34

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35

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C, BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Execute a Contract with Geosyntec Consultants and Transfer and Appropriate Funds to Provide Industrial Stormwater General NPDES Permit Implementation Support and to Conduct Staff Training During 2015-2016: Anthony Chabot Regional Park and Other District Facilities (Graul/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer and appropriation of $99,800, and executing a contract with Geosyntec Consultants of Oakland, CA (Geosyntec) to provide oversight of the implementation of the California Stormwater General National Pollutant Discharge Elimination System (NPDES) Permit from October 1, 2015 through June 30, 2016 for District facilities, including the Anthony Chabot Marksmanship Range (Range) and District corporation yards. In addition to permit oversight and support, Geosyntec will conduct training workshops for the District’s corporation yard staff on the California Industrial Stormwater General NPDES Permit requirements.

REVENUE/COST

The District awarded a contract to Geosyntec on April 7, 2015, under Board Resolution No. 2015-04-087, to develop conceptual designs for structural controls to treat stormwater runoff from the Range, and to update the Industrial General Permit (IGP) Storm Water Pollution Prevention Plans (SWPPP) for the Range and other District facilities. Through further evaluation, staff has determined that permit support and staff trainings are needed to effectively implement the industrial stormwater permit, and have received an additional proposal from Geosyntec in the amount of $94,800 to provide these services. This action will transfer and appropriate General Funds from 101-7460-000-6191 into Project #516700.

SOURCE OF FUNDS 2015 Approved Operating Budget Stewardship – Water Management Budget (101-7460-000-6191) $ 382,579 Expenditures and Encumbrances to Date ($197,326) Available Balance $ 185,253

36 APPROPRIATION OF FUNDS From 101-7460-000-6191 to Study Site Environment Project #516700 $ 99,800

USE OF FUNDS Geosyntec Consultants Contract $ 94,800 5% Contingency $ 5,000 Balance Remaining $ 85,453

BACKGROUND

The District maintains a SWPPP for the Anthony Chabot Marksmanship Range (Range) and for the District’s corporation yards at Lake Chabot and Tilden Regional Parks to protect the environment from stormwater runoff from the facilities and to comply with the SWRCB’s IGP. In 2014, the SWRCB IGP regulations were updated and the new requirements took effect on July 1, 2015. Under the new IGP, industrial facilities must update their SWPPPs to comply with new more stringent regulations. The new IGP also contains contaminant action levels for lead and other pollutants. Facilities that do not comply with new stormwater lead action level values will be subject to increased monitoring and regulations.

Staff issued a Request for Proposal (RFP) to upgrade the Range SWPPP and to develop conceptual designs for structural controls to contain lead in the stormwater runoff from the Range, and awarded a contract to Geosyntec on April 7, 2015, under Board Resolution No. 2015-04-087. Geosyntec completed the SWPPP development and technical report on structural controls for the Range. In order to effectively implement the specific conditions of the SWPPP and to insure the protective measures are implemented in a manner that complies with the new regulations, staff needs additional support from Geosyntec. Under this contract Geosyntec will provide assistance with monitoring, reporting, staff training, and other activities to support compliance with the IGP at the Range and the District’s corporation yards during the remainder of 2015 and through 2016.

ALTERNATIVES

No alternatives are recommended.

37

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 –11 –

November 3, 2015

AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDSAND EXECUTE A CONTRACT WITH GEOSYNTEC CONSULTANTS TO PROVIDE INDUSTRIAL STORMWATER GENERAL NPDES PERMIT IMPLEMENTATION SUPPORT AND TO CONDUCT STAFF TRAININGS DURING 2015-2016: ANTHONY CHABOT REGIONAL PARK AND OTHER DISTRICT FACILITIES

WHEREAS, the District is required by the State Water Resources Control Board (SWRCB) to maintain a Stormwater Pollution Prevention Plan (SWPPP) under the Industrial General Permit for District facilities, including the Anthony Chabot Marksmanship Range and District corporation yards; and

WHEREAS, new Industrial General Permit (IGP) regulations were adopted by the SWRCB on April 1, 2014 and became effective July 1, 2015; and

WHEREAS, the District must maintain compliance with the SWRCB IGP requirements in order to protect the environment and prevent impacts to water quality; and

WHEREAS, Geosyntec Consultants of Oakland, CA, submitted a proposal to provide technical support for the implementation of the California Industrial Stormwater General NPDES Permit for the Anthony Chabot Marksmanship Range and to conduct training workshops for the District’s corporation yard staff on the Industrial Stormwater General NPDES Permit requirements; and

WHEREAS, $99,800 is currently available for this contract in 101-7460-000-6191;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of funds from the General Fund Stewardship Department budget to Project #516700 in the amount of $99,800; and

BE IT FURTHER RESOLVED, that that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract to Geosyntec Consultants to provide oversight of the implementation of the California Stormwater General NPDES Permit and staff training in the amount of $94,800 and approval of contingency for $5,000 from project #516700; 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.

38 Moved by Director , seconded by Director , and approved this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT

39

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: General Fund- Account Name: Expense: OTA Fund- Water Resources Mgmt.-District Wide- Water Resources Mgmt.-Anthony Chabot- Other Services Other Services / Study Site Environment Project-Contracted Services

Account: 336-7460-175-6191 /516700 Account: 101-7460-000-6191 $ 99,800.00 DS10-009 $ 99,800 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: OTA General Fund-Non Departmental-District Fund-Non Departmental-District Wide- Wide-Transfer Out Transfer In

Account: 101-9110-000-9980 $ 99,800 336-9110-000-3980 $ 99,800 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on November 3, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $99,800 from the General Fund Water Resources Managment budget to the new OTA Fund project 516700 to fund a contract with Geosyntec Consultants of Oakland, CA.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11 Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-1-g 516700 Study Site Environment

40

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41

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Amend the Consulting Contract for Biological Monitoring During Construction of Staging Area Improvements: Vargas Plateau Regional Park (Graul/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the amendment of the consulting contract for Biological Monitoring with Wildlife Sciences Consulting in the amount of $25,000.

REVENUE/COST

The original contract with Wildlife Science Consulting was executed on August 11, 2015 in the amount of $23,835. Additional biological monitoring will be required to cover the extended length of this project. This additional monitoring necessitates a $25,000 amendment to the original contract with Wildlife Science Consulting, bringing the total contract amount to $48,835.

SOURCE OF FUNDS 101-7420-000-6191 General Fund - Stewardship – Professional Services Budget $ 294,429 Expenditures and Encumbrances to Date ($ 160,707) Funds Available $ 133,722

USE OF FUNDS Contract Amendment for Biological Monitoring with Wildlife Science Consulting $ 25,000

BALANCE REMAINING $ 108,722

BACKGROUND

The Board authorized the award of a construction contract with GradeTech, Inc., Castro Valley, for the construction of the initial staging area improvements at Vargas Plateau Regional Park at the regularly scheduled Board Meeting on July 21, 2015.

42 The contract provides for the construction of phase one access improvements and the Staging Area off of Morrison Canyon road. Work includes construction of a compacted aggregate baserock entry road and parking spaces with wheel stops for twenty-five (25) cars, two (2) ADA compliant stalls on concrete paving with an accessible path of travel to trailheads, three (3) picnic tables, one (1) vault toilet, entry gates and signage, wood rail fencing, information panel, barbed wire fencing, and two water tanks for firefighting purposes.

In order to implement this project and comply with permits from the California Department of Fish and Wildlife (CDFW) and the United States Fish and Wildlife Service (USFWS), full time biological monitoring is required. The USFWS issued a Biological Opinion, and CDFW issued an Incidental Take Permit for this project that mandated a biological monitor to be onsite during all construction activities. A contract with Wildlife Science Consulting to provide biological monitoring services was executed to cover the length of the project in the amount of $23,835. Additional biological monitoring will be required to cover the extended length of the project. This necessitates a $25,000 amendment to the original contract with Wildlife Science Consulting, bringing the total contract amount to $48,835.

ALTERNATIVES

No alternatives are recommended.

43

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 –

November 3, 2015

AUTHORIZATION TO AMEND THE CONSULTING CONTRACT DURING BIOLOGICAL MONITORING FOR CONSTRUCTION OF STAGING AREA IMPROVEMENTS: VARGAS PLATEAU REGIONAL PARK

WHEREAS, the East Bay Regional Park District desires to complete the initial staging area improvements at Vargas Plateau Regional Park; and

WHEREAS, in order to implement this project and comply with permits from the California Department of Fish and Wildlife and the United States Fish and Wildlife Service full time biological monitoring of construction activities is required; and

WHEREAS, due to the extended length of the project, additional biological monitoring services are required;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the amendment of the consulting contract for biological monitoring with Wildlife Sciences Consulting in the amount of $25,000, bringing the total contract amount to $48,835 from 101-7420-000-6191; and

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

Moved by Director , seconded by Director , and adopted this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

44

Page Left Blank Intentionally

45

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Award a Sole Source Contract for Professional Services to the University of California Center for Forestry, Berkeley, for Sudden Oak Death Mapping and Risk Assessment and to Transfer and Appropriate Funds (Graul/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorizes the transfer and appropriation of $51,500 and the award of a sole source professional services contract to the University of California Center for Forestry, Berkeley, to continue mapping, conducting risk assessments, and investigating disease resistance to Sudden Oak Death in Redwood, Anthony Chabot, and Wildcat Canyon Regional Parks.

REVENUE/COST

This action will transfer and appropriate $51,500 from the General Fund Stewardship budget - 101-7420-000-6191 into project #516600 Monitor Sudden Oak Death.

SOURCE OF FUNDS 2015 Approved Operating Budget Stewardship – Professional Services Budget 101-7420-000-6191 $ 294,429 Expenditures and Encumbrances to Date ($ 146,349) Funds Available $ 148,080

APPROPRIATION OF FUNDS From 101-7420-000-6191 to Monitor Sudden Oak Death Project #516600 $ 51,500

USE OF FUNDS Professional Services Contract $ 51,500

BALANCE REMAINING $ 96,580

46 BACKGROUND

The plant disease known as Sudden Oak Death (SOD) has infected and killed millions of Coast Live Oaks in coastal California forests since it was first detected in Marin County in the mid- 1990s. Most native plant species in these forests can be infected by the pathogen, but in the East Bay Hills only coast live oaks are at high risk of being killed. The first confirmation of SOD in the East Bay Regional Park District was in Wildcat Canyon Regional Park in 2001. In 2006, additional stands of heavily infected oaks was discovered in Tilden Regional Park.

In 2008, the UC Berkeley Sudden Oak Death research team of David Wood and Brice McPherson initiated a District-funded study of the disease in coast live oaks across the five parks (i.e. Tilden, Wildcat, Sibley, Huckleberry, and Anthony Chabot) that border heavily urbanized areas. The work of the UC team during 2008-2014 helped District staff determine the extent of SOD in District forests and the rate of infection. The current research is an extension of previous efforts and will help determine the current extent of SOD in District parks and help identify potential characteristics of disease resistance in coast live oaks.

The research team will revisit 375 study plots in the three largest parks: Redwood, Anthony Chabot, and Wildcat Canyon Regional Parks. The UC Sudden Oak Death research team’s study will identify areas with high disease activity, locate hazardous trees that pose risks to park visitors and infrastructure, direct attention to sites with elevated fire risk, provide estimates of the long-term survival of oaks due to disease resistance in these trees, provide information on successional patterns in diseased stands, and collaborate with District personnel in developing management plans for these parks.

District Counsel has reviewed and approved this team as a qualified sole source contractor.

ALTERNATIVES

No alternatives are recommended.

47

EAST BAY REGIONAL PARK DISTRICT

Resolution No.: 2015 – 11 -

November 3, 2015

AUTHORIZATION TO AWARD A SOLE SOURCE CONTRACT FOR PROFESSIONAL SERVICES TO THE UNIVERSITY OF CALIFORNIA CENTER FOR FORESTRY, BERKELEY, FOR SUDDEN OAK DEATH MAPPING AND RISK ASSESSMENT AND TO TRANSFER AND APPROPRIATE FUNDS

WHEREAS, the East Bay Regional Park District desires to award a sole source contract to the University of California Center for Forestry, Berkeley, to continue conducting mapping and risk assessment study of Sudden Oak Death (SOD) in Redwood, Anthony Chabot, and Wildcat Canyon Regional Parks based on their leadership and expertise in modeling risk assessment of Sudden Oak Death in California; and

WHEREAS, this seventh year applied risk assessment study will provide more discrete disease information to predict future conditions and serve as a planning guide for prioritizing fuel reduction activities; and

WHEREAS, the identification of tree characteristics that will predict resistance to SOD is critical to developing a response strategy to maintain forest health; and

WHEREAS, training Park District staff to recognize diseased trees is a critical service included in this contract; and

WHEREAS, there are available funds for this professional service contract in the approved 2015 Operating Budget for Stewardship in 101-7420-000-6191;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of funds to the project to Monitor Sudden Oak Death #516600, and the award of a sole source contract to the University of California Center for Forestry, Berkeley, in the amount of $51,500; 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 3rd day of November, 2015, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

48 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: General Fund- Account Name: Expense: OTA Fund- Stewardship Admin.-District Wide-Other Stewardship Admin.-District Wide-Other Services Services / Monitor Sudden Oak Death - Project-Contracted Services

Account: 336-7420-000-6191 /51660 Account: 101-7420-000-6191 $ 51,500.00 DS10-009 $ 51,500 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: OTA General Fund-Non Departmental-District Fund-Non Departmental-District Wide- Wide-Transfer Out Transfer In

Account: 101-9110-000-9980 $ 51,500 336-9110-000-3980 $ 51,500 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on November 3, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $51,500 from the General Fund Stewardship Administration budget to the new OTA Fund project 516600 to fund a contract with University of California Center for Forestry, Berkeley, CA.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11 Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-1-i 516600 Monitor Sudden Oak Death

49

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Transfer and Appropriate Funds for Land Acquisition Department Projects (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer and appropriation of preliminary acquisition funds for land acquisition capital project accounts which exceed current appropriations and one new land acquisition capital project account.

REVENUE/COST

This item requests authorization to transfer and appropriate $13,484 from Measure AA acquisition funds; $462,000 from Measure WW acquisition funds; $4,718 from East Contra Costa County Habitat Conservancy future preliminary acquisition funds; and $1,113 from the District’s Resource Enhancement Program administrative account, as follows:

TRANSFER/APPROPRIATE FROM: Designated Acquisitions – Measure AA Undesignated (229900BAAA) Consolidated South Metro Allocation Area (BAAA) $ 6,484 Consolidated West Metro Allocation Area (BAAA) 7,000 Designated Acquisitions – Measure WW Undesignated (229900WW00) Crown Beach Allocation Area (WP18) 300,000 Eastshore Allocation Area (WP29) 75,000 Iron Horse Trail Allocation Area (WP35) 50,000 Las Trampas Allocation Area (WP37) 8,000 Point Pinole Allocation Area (WP49) 7,000 Ridge Trail Allocation Area (WP54) 15,000 Vargas Plateau Allocation Area (WP64) 7,000 Future Preliminary Acquisition Study – ECCCHC (230000LHCP) 4,718 Resource Enhancement Program Administrative Account (RP0000) 1,113 TOTAL $ 481,315

TRANSFER/APPROPRIATE TO: Richmond Hill Partners/Bay Area Ridge Trail (218500WP54) $ 5,000 Borel/Iron Horse Trail (218600WP35) 50,000

50 MEC Land Holdings Inc/SF Bay Trail (218800WP29) 75,000 Louie et al/Bay Area Ridge Trail (233800WP54) 10,000 USA-GSA/Crown Beach (235300WP18) 300,000 Hartkopf/Vargas Plateau (236200WP64) 7,000 FRB/Wildcat (236900BAAA) 7,000 EBRPD/Goodrick Ave/Point Pinole (240300WP49) 7,000 Fries/Garin (242100BAAA) 6,484 Viera/Morgan Territory (242900LHCP) 4,718 Heilig/Las Trampas (243700WP37) 8,000 Suncrest Homes/Black Diamond (245300REP1) 1,113 TOTAL $ 481,315 BACKGROUND

From time to time, certain land acquisition capital projects experience unforeseen complications, such as the need for multiple appraisals, extraordinary legal fees, prolonged negotiations and other matters that are beyond staff control which require additional staff time and professional fees. There are currently eleven land acquisition capital project accounts which have received prior appropriations and now need additional funds in order to continue acquisition activities. Three of these capital projects (Borel/Iron Horse Trail, MEC Land Holdings Inc/SF Bay Trail, and USA-GSA/Crown Beach) involve protracted litigation necessary to the District’s acquisition of critical real property assets and resulting in the relatively large appropriation amounts requested above. This board item requests authorization to transfer and appropriate the following acquisition funds to these project accounts as shown on the attached Budget Change form to allow staff to continue to work on these projects: Measure AA, Measure WW, and East Contra Costa County Habitat Conservancy.

Additionally, this item requests authorization to transfer and appropriate $1,113 from the District’s Resource Enhancement Program (REP) administrative account to new land acquisition capital project account Suncrest Homes/Black Diamond (235400) to fund title and escrow fees for the acceptance of 134.52 acres of property donated to the District by Suncrest Homes as mitigation for their Sierra Vista housing project in Antioch. On May 23, 2006, by Board Resolution No. 2006-5-114, the Board approved, among other things, the acceptance of the donation property and a one-time amount of $8,591 into the District’s REP administrative account to fund costs associated with recording a restriction on the use of the property. An acquisition project account was established at that time to record related expenses. However, due to unforeseen circumstances, the property was not conveyed to the District until 2015 and the acquisition project account initially established in 2006 was closed by Board Resolution No. 2008-6-148, approved on June 3, 2008. Staff has established new acquisition project account 235400 to capture the title and escrow fees for capitalization along with the value of the property, but Board authorization is required to appropriate funds for these expenses.

ALTERNATIVES

No alternatives are recommended.

51

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 -

November 3, 2015

AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS FOR LAND ACQUISITION DEPARTMENT PROJECTS

WHEREAS, a major objective of East Bay Regional Park District is to acquire regional park and trail properties; and

WHEREAS, in support of this goal, in 1999 the District created a designated fund for land acquisition using unassigned general funds monies. In 2012, this fund source was committed by the Board of Directors for said purpose; and

WHEREAS, in support of this goal, the voters of the District passed the Measure AA Bond in 1988 for acquisition and development of parklands; and

WHEREAS, in support of this goal, the voters of the District passed the Measure WW Bond in 2008 for acquisition and development of parklands; and

WHEREAS, in support of this goal, the District developed the Resource Enhancement Program to enter into cooperative agreements with other parties for the conservation and enhancement of natural resources; and

WHEREAS, in support of this goal, the District entered into and subsequently renewed a Cost Sharing Agreement with the East Contra Costa Habitat Conservancy to fund shared expenses for approved joint acquisitions; and

WHEREAS, from time to time, certain land acquisition capital projects experience unforeseen complications, such as the need for multiple appraisals, extraordinary legal fees, prolonged negotiations and other matters that are beyond staff control; and

WHEREAS, there are currently eleven land acquisition capital project accounts which have received prior appropriations that have subsequently been exceeded; and

WHEREAS, additional funds are now needed in order to continue acquisition activities on these projects and this action will transfer and appropriate funds to allow staff to continue to work on these projects; and

WHEREAS, funds are also needed for title and escrow fees related to the acceptance in 2015 of the 134.52-acre Suncrest Homes property at Black Diamond. Among other things, the acceptance of the property and one-time money into the District’s Resource Enhancement Program administrative account to fund costs related to recording a restriction on the use of the property were approved by Board Resolution No. 2006-5-114, on May 23,

52 2006; however the property was not transferred to the District until 2015 and the land acquisition capital project account that was established in 2006 to record related expenses was closed by Board Resolution No. 2008-6-148, on June 3, 2008;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of East Bay Regional Park District hereby authorizes the transfer and appropriation of $13,484 from project account Designated Acquisitions – Measure AA Undesignated (229900BAAA), utilizing funds from the Consolidated South and West Metro allocation areas; $462,000 from Designated Acquisitions — Measure WW Undesignated (229900WW00), utilizing funds from the Crown Beach, Eastshore, Iron Horse Trail, Las Trampas, Point Pinole, Ridge Trail and Vargas Plateau allocation areas; $4,718 from Future Preliminary Acquisition Study – ECCCHC (230000LHCP); and $1,113 from the District’s Resource Enhancement administrative account (RP0000) to specified projects as shown on the attached Budget Change form; and

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

Moved by Director , seconded by Director and adopted this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

53

EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X Between Funds X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital-Land- District Wide-Acquisition-Designated Bay Area Ridge Trail-Land and Trails- Land Acquisition-Measure WW Richmond Hill Partners-Measure WW Undesignated Ridge Trail Allocation Area-Administrative Costs

Account: 333-6330-000-7010 / Account: 333-6330-602-7010 / 229900WW00-100 $ 462,000 218500WP54-100 $ 5,000 Account Name: Expense: Capital- Land- Account Name: Expense: Capital-Land- District Wide-Acquisition-Designated Iron Horse Trail-Land and Trails-Borel- Land Acquisition-Measure AA Measure WW Iron Horse Trail Allocation Undesignated Area-Administrative Costs

Account: 333-6330-000-7010 / Account: 333-6330-604-7010 / 229900BAAA-100 $ 13,484 218600WP35-100 $ 50,000 Account Name: Expense: Capital- Land- Account Name: Expense: Capital-Land- District Wide-Acquisition-Designated Point Isabel-Land and Trails-MEC Land Land Acquisition-Land Habitat Holding-Measure WW Eastshore State Conservation Plan Park Allocation Area-Administrative Costs

Account: 333-6330-000-7010 / Account: 333-6330-407-7010 / 230000LHCP-100 $ 4,718 218800WP29-100 $ 75,000 Account Name: Expense: Mitigation Account Name: Expense: Capital-Land- Fund - Environmental Programs Dept - Garin to Mission Peak-Land and Trails- District Wide - Services - REP General Louie etal-Measure WW Ridge Trail- Account Allocation Area-Administrative Costs

Account: 333-6330-000-7010 / Account: 333-6330-655-7010 / 230000LHCP-100 $ 1,113 233800WP54-100 $ 10,000 Account Name: Expense: Capital-Land- Crown Beach-Land and Trails-USA-GSA- Measure WW Crown Beach Allocation Area-Administrative Costs

Account: 333-6330-409-7010 / 235300WP18-100 $ 300,000 Account Name: Expense: Capital-Land- Vargas Plateau-Land and Trails-Hartkopf- Measure WW Vargas Plateau Allocation T:\BOARDCLK\BOARD MATERIAL\2015\19 - November Area-Administrative3, 2015\S DRIVE\C-1-j Costs Various Acq Projects

54 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS Account Name: Expense:BUDGET Capital-Land- TRANSFERS X Between Funds VargasX Between Plateau-Land Projects and Trails-Hartkopf- DECREASE BUDGET ACCOUNT AMOUNT MeasureINCREASE WW Vargas BUDGET Plateau ACCOUNT Allocation AMOUNT Area-Administrative Costs

Account: 333-6330-127-7010 / 236200WP64-100 $ 7,000 Account Name: Expense: Capital-Land- Wildcat Canyon/Alvarado-Land and Trails- FRB Inc-Measure AA West Metro Allocation Area-Administrative Costs

Account: 333-6330-178-7010 / 236900BAAA-100 $ 7,000 Account Name: Expense: Capital-Land- Point Pinole-Land and Trails- EBRPD/Goodrick-Measure WW Point Pinole Allocation Area-Administrative Costs

Account: 333-6330-496-7010 / 240300WP49-100 $ 7,000 Account Name: Expense: Capital-Land- Garin-Land and Trails-Fries-Measure AA South Mero Allocation Area- Administrative Costs

Account: 333-6330-125-7010 / 242100BAAA-100 $ 6,484 Account Name: Expense: Capital-Land- Morgan Territory-Land and Trails-Viera- Land Habitat Conservation Plan- Administrative Costs

Account: 333-6330-118-7010 / 242900LHCP-100 $ 4,718 Account Name: Expense: Capital-Land- Las Trampas-Land and Trails-Heilig- Measure WW Las Trampas Allocation Area-Administrative Costs

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-1-j Various Acq Projects

55

EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X Between Funds X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT

Account: 333-6330-170-7010 / 243700WP37-100 $ 8,000 Account Name: Expense: Capital-Land- Black Diamond-Land and Trails-Suncrest Homes-Resource Enhancement Plan- Administrative Costs

Account: 333-6330-102-7010 / 245300REP1-100 $ 1,113 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Capital Mitigation Fund-Non Departmental- Fund-Non Departmental-District Wide- District Wide-Transfer Out Transfer In

Account: 257-9110-000-9980 $ 1,113 Account: 333-9110-000-3980 $ 1,113 REASON FOR BUDGET CHANGE ENTRY

As being presented at the Board of Directors meeting on November 3, 2015, the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $462,000 of Measure WW Bond from various acquisition allocation areas, $13,484 of Measure AA from various acquistion allocation areas, $4,718 from project 223000, and $1,113 of Mitigation Fund (RP0000) to multiple acquisition projects listed above.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-1-j Various Acq Projects

56

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57

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Transfer and Appropriate Funds for Electrical Improvements Required for Fiber Optic Computer Network Upgrades: District-wide (Tallerico/Barrington/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer and appropriation of Major Infrastructure Renovation and Replacement Funds to complete electrical improvements required by code standards in order to upgrade the District’s computer network fiber optic system, District-wide.

REVENUE/COST

Staff is requesting approval for the appropriation of $100,000 from the Major Infrastructure Renovation and Replacement Fund (553) to a new OTA project #516300 for the electrical improvements required by building code standards in order to upgrade the District’s computer network to a high speed fiber optic system.

BACKGROUND

The Information Services Department is working with the Operations Division to improve communication performance at remote park office locations. This project will provide for code compliant dedicated electrical service for a new fiber optic computer cable network to serve various remote sites throughout the District. Much of the District’s existing computer network in remote areas, relies on a traditional electrical transmission system that uses copper wires to transmit data signals. This project will upgrade the District’s computer network system to a new and more efficient fiber optic system. Fiber optic cable systems can span longer distances than electrical cabling and will accommodate an increase in bandwidth at the remote sites being upgraded. Internet and software applications typically utilized at the remote sites will experience a five-fold improvement in speed and performance. Current code standards require fiber optic equipment to be installed with dedicated circuits and outlets for fiber optic equipment. The District will install new circuit breakers, run new wiring, install electrical outlets, and make other minor improvements as needed to meet these code requirements.

58 ALTERNATIVE

No alternative recommended.

59

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 -

November 3, 2015

AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS FOR ELECTRICAL IMPROVEMENTS REQUIRED FOR FIBER OPTIC COMPUTER NETWORK UPGRADES: DISTRICT WIDE

WHEREAS, this project will provide electrical service upgrades needed to serve a new fiber optic computer network to serve remote sites throughout the District; and

WHEREAS, code standards require that the fiber optic equipment in the parks have dedicated electrical circuits, outlets, and other minor improvements for the fiber optic equipment;

NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of $100,000 in Major Infrastructure Renovation and Replacement Funds (553) into a new project #516300 (per the Budget Change Form attached hereto) to install new circuit breakers, run new wiring, install electrical outlets, and other minor improvements as necessary to meet code requirements to upgrade the District’s computer network system to a fiber optic system District-wide; 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 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

60 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- Information Services.-District Wide-Other Services / Install Fiber Optics Project - MIRR Fund-Contracted Services

Account: 336-7420-000-6191 / 516300 MIRR-009 $ 100,000 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: OTA Major Infrastructure Renovation and Fund-Non Departmental-District Wide- Replacement Fund-Non Departmental- Transfer In District Wide-Transfer Out

Account: 553-9110-000-9980 $ 100,000 336-9110-000-3980 $ 100,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on November 3, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $100,000 from the MIRR Fund balance to the new OTA Fund project 5XXXX to fund upgrades to the District's computer network fiber optic system, District wide.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11 Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-1-k 516300 Install Fiber Optics

61

AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

L. Resolution to Oppose Export of Coal through the New Oakland Global Trade and Logistics Center (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee recommend the Board of Directors adopt a resolution to oppose the export of coal through the New Oakland Global Trade and Logistics Center.

REVENUE/COST

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

BACKGROUND

Terminal Logistics Solutions (TLS) is the shipping operations company seeking to develop a large portion of the former Oakland Army Base as an export terminal. They have been working with Phil Tagami for nearly eight years on this project. Despite Tagami originally stating coal would not be exported from the terminal, coal exports are now a very prominent part of the plan. TLS intends to begin building the Bulk and Oversized Terminal at the Oakland Global Trade and Logistics Center later this year and hopes to finish the 35-acre project in 2017. Last year, before TLS made plans to export coal from Utah through the future terminal, the passed a resolution opposing the transportation of hazardous fuels, including coal, in Oakland. Mayor Libby Schaaf has said she opposes transporting coal and crude oil through Oakland. A recent public hearing by the City Council was a packed house with hundreds of speakers. Most of the speakers focused on health and environmental concerns. The impact on climate change was also noted in that 10.5 million tons of coal means 30 million tons of carbon released in the atmosphere. The City Council arbitrarily set a deadline of December 8, to vote to allow coal transportation through Oakland, restrict it in some way, or ban it all together. Between now and then, the “Coal Free Oakland” movement will continue to lobby in opposition.

The Northwest spit of the property where the Bay Bridge Trail touches down is scheduled to be conveyed to the Park District as part of the Army’s disposal of the property. The District has proposed to develop this property as “Gateway Park” which would be a major staging area for bikers and walkers seeking to cross the Bay Bridge. The possibility of daily release of coal

62 dust directly adjacent to a park is counter to the District’s mission to provide healthful recreation and include an environmental ethic in the District’s activity.

ALTERNATIVES

None recommended.

63

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 -11 -

November 3, 2015

RESOLUTION TO OPPOSE EXPORT OF COAL THROUGH THE NEW OAKLAND GLOBAL TRADE AND LOGISTICS CENTER

WHEREAS, the mission of the East Bay Regional Park District includes a commitment to incorporate an environmental ethic to guide all that we do; and

WHEREAS, the District is an active, committed leader in the international Healthy Parks Healthy People movement; and

WHEREAS, the new eastern span of the Oakland-San Francisco Bay Bridge features the very popular Alexander Zuckermann bicycle / pedestrian path along its southern edge which is now a destination of regional significance; and

WHEREAS, the pathway will connect to a segment of the Bay Trail on a spit of U.S. Army property located at the east end of the bridge, which is planned to be transferred to the East Bay Regional Park District for the development of Gateway Park; and

WHEREAS, the possibility of daily release of coal dust directly adjacent to a park is counter to the District’s mission to provide healthful recreation and include an environmental ethic in the District’s activity; and

WHEREAS, coal dust presents clear health risks to communities, as tests show that coal dust contains substances known to impact human health including arsenic, lead, chromium, nickel, selenium and other toxic heavy metals; and

WHEREAS, coal burning leads to as many as 13,000 premature deaths every year and more than $100 billion in annual health costs.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby express opposition to the export of coal through Oakland and specifically the Oakland Global Trade and Logistics Center at the former Oakland Army Base; and

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

Moved by Director , seconded by Director , and adopted this 3rd day of November 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT: 64 OPERATIONS DIVISION

65 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

2. OPERATIONS DIVISION

a. Informational Report on the Chabot Gun Club and Facility Operations at Anthony Chabot Marksmanship Range: Anthony Chabot Regional Park (O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors accept the Informational Report on the Chabot Gun Club and Facility Operations at Anthony Chabot Marksmanship Range or provide additional direction to staff for further review.

REVENUE/COST

There is no cost associated with accepting this report. The cost of developing this analysis has been previously approved and budgeted. The attached Informational Report includes details related to the future operations and maintenance costs of the Anthony Chabot Marksmanship Range.

BACKGROUND

A marksmanship range has operated in Anthony Chabot Regional Park since 1963. In 1989, the Park District entered into a 25-year Lease Agreement (“Lease”) with the Chabot Gun Club, Inc. (“Club”) to expand the marksmanship range and facilities. The Lease was later amended in 1995 to clarify certain provisions and to provide for Public Safety use of the range for training. As the Lease was set to expire on January 1, 2015, the Club timely notified the Park District of its interest in negotiating a new lease. In November 2014, the lease was extended for one year in order to allow necessary environmental studies to be undertaken.

District staff completed preliminary research related to environmental compliance requirements, current facility conditions and deferred maintenance requirements, sound impacts and mitigation options, as well as baseline data related to range use, revenue and operational costs. This Informational Report is a summary of the data and information gathered to date, and is intended to provide District management and the Board of Directors with information necessary for decision-making related to the potential extension of the Club lease agreement for operation of the Anthony Chabot Marksmanship Range.

This Informational Report was presented to the Board Operations Committee at its September 24, 2015 meeting and to the Park Advisory Committee at its September 28, 2015 meeting. A second review of the report was presented to the Board Operations Committee at its October 15, 2015 meeting which included Committee’s comments, public comments and staff response to date. In addition, the final version of the Geosyntec Consultants report clarified stormwater compliance costs that are also reflected in the updated informational report. Additionally, this review process allows the Board to receive public input regarding the current and future operations of the Marksmanship Range.

C-2-a Informational Report on the Chabot Gun Club and Facility Operations at Anthony Chabot Marksmanship Range: Anthony Chabot Regional Park (Enclosed as a Separate Document)

66 ACQUISITION STEWARDSHIP DEVELOPMENT DIVISION

67

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Authorization to Exercise an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition of 362.33± Acres of Real Property from Wiedemann Ranch, Inc.: Bishop Ranch Open Space Regional Preserve (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors 1) authorize staff to exercise the option, purchase and sale agreement (Agreement) with Wiedemann Ranch, Inc. (Sellers) for the purchase of their 362.33± acre property known as “Ag Lot 2” and transfer and appropriate funds for the purchase price and related acquisition costs; and 2) name a feature on the property after the Wiedemann Family. The subject property is located at 1095 Hawkshead Circle in the unincorporated Norris Canyon Estates subdivision to the west of San Ramon, Contra Costa County, immediately to the south of Bishop Ranch Open Space Regional Preserve and directly north of Dublin Hills Regional Park.

REVENUE/COST

The subject property may be acquired for $2,048,000, its appraised fair market value, plus acquisition costs as described below. Pursuant to the option, purchase and sale agreement (Agreement), an option payment of $25,000 was deposited into escrow in September, $5,000 of which was released to Sellers in October upon satisfaction of the due diligence conditions precedent. The $5,000 deposit release is non-refundable but applicable to the purchase price as is the entire $25,000 option payment upon Board approval to exercise the option and purchase the property. The Park District has until November 18, 2015 to exercise the option, and until December 18, 2015 to close escrow and purchase the property.

This Board action authorizes the transfer and appropriation of Measure WW acquisition funds from the Calaveras Ridge allocation area for the purchase price, related acquisition expenses, and site safety and security costs detailed below. The City of San Ramon is currently considering making a contribution to the total project cost. In the event that the City Council should approve this funding, staff requests authorization to accept and appropriate these funds thereby reducing the amount of WW funds needed for the purchase price:

68 SOURCE OF FUNDS Transfer And Appropriate From: Designated Acquisitions – Measure WW Undesignated (229900WW00) $2,093,000

USE OF FUNDS Transfer And Appropriate To: Wiedemann Ranch Inc./Bishop Ranch Acquisition (243100WP12) Purchase Price less option payment $2,023,000 Title and Escrow 6,000 Staff Time 5,000 Wiedemann Ranch Inc./Bishop Ranch Safety and Security (243101WP12) Fencing 35,000 Gates and Signage 11,000 Solar Pump for Well 9,500 Fuels Management and Weed Abatement 3,500 Total Current Appropriation $2,093,000

Previous Board Appropriation for Option, Appraisal, 50,300 Environmental Phase I and Staff Time Total Project Cost $2,143,300

BACKGROUND

On August 12, 2014, by Resolution No. 2014-08-204, the Board of Directors authorized staff to begin negotiations with Wiedemann Ranch, Inc. for the purchase of their 362.33± acre “Ag Lot 2” property. By its subsequent Resolution No. 2015-09-256, dated September 1, 2015, the Board authorized staff to enter into an option, purchase and sale agreement for the purchase of the property, and to deposit into escrow an initial option payment of $25,000 to be credited toward the purchase price.

The subject property is located in unincorporated Contra Costa County at 1095 Hawkshead Circle, accessed through the 300-acre Norris Canyon Estates residential development approximately 0.6 miles west of the City of San Ramon off Norris Canyon Road. Bishop Ranch Open Space Regional Preserve is located adjacent to Ag Lot 2’s northern boundary, and Dublin Hills Regional Park is situated adjacent to the subject property’s southwestern boundary. Significant ridgelines characterize these three open space areas, with Donlan Point on Dublin Hills’s southern boundary connecting to Harlan Hill on Ag Lot 2, then northwards towards Bishop Ranch’s 1,000-foot elevation ridge.

Ag Lot 2’s irregularly shaped 362.33± acres is comprised of one assessor’s parcel number, APN 211-230-014, created in 2010 as a large-acreage country estate parcel as part of the Norris Canyon Estates subdivision. Development of the parcel is strictly controlled by a restrictive covenant and scenic easement recorded over the property designating an 8.79-acre development site, a 272.07-acre restricted development area, and an 81.47-acre scenic easement. Collectively, the various development agreements associated with the property prohibit further subdivision; require standards for grading, drainage and road construction; and

69

limit development to a maximum of three structures with the primary dwelling not to exceed 30 feet in height.

Terrain and vegetation over the majority of the subject property is characterized by moderately to steeply sloping annual grasslands, significant woodlands located in the north and south canyons and ephemeral creeks. A prominent ridge, Harlan Hill, located between the two canyons, traverses the central part of the property. With a maximum elevation of 1,719 feet, Harlan Hill offers magnificent views of the San Francisco Bay and San Ramon Valley. Internal access within Ag Lot 2 includes an unpaved ranch road about 10 feet in width extending approximately 0.65 miles east from Hawkshead Circle to that portion of the property designated as an allowable development site. A northerly ranch road serves the property’s northern canyon up towards the common boundary with Bishop Ranch Open Space Regional Preserve. A third road continues south into property’s “Big Canyon” at the northern boundary of Dublin Hills Regional Park. Big Canyon is characterized by steep slopes and areas of dense vegetation with significant habitat value. Both the northern and southern roads require the use of four-wheel drive vehicles, while the main ranch road to the development site is regularly maintained and more readily accessible by all-wheel drive or standard vehicles.

Other than the ranch roads, a water well and a building pad, the property is undeveloped and has been used for cattle grazing since the 19th century. Jeff and Nancy Wiedemann, officers of Wiedemann Ranch, Inc., currently graze the property together with adjacent parklands as one of the District’s grazing tenants. The property relies upon boxed springs and the well for current grazing water needs. The well, approximately 250 feet in depth, is run periodically with the aid of a generator and is estimated to produce between 10 – 25 gallons per minute (GPM). Ancillary grazing improvements include a 10,000-gallon metal water storage tank and covered livestock feeding pen. The institution of a tenant grazing program on the property consistent with the District’s wildland vegetation management policies is recommended per the findings of the attached Acquisition Evaluation conducted by staff as part of the District’s standard due diligence. A Phase I Environmental Site Assessment conducted by TRC Solutions, Inc. environmental consultants concluded that there is no evidence of recognized environmental conditions on the property.

The property has a zoning classification of A-4 (Agricultural Preserve District) with a General Plan designation of AL (Agricultural Lands). The property is no longer subject to a Land Conservation contract pursuant to the Williamson Act. A Notice of Non-Renewal was filed with the County Community Development Department in April 1991 for 1,021 acres, including the subject property; as approved by the County, the contract expired in February 2001. The property is located outside of the Contra Costa County Urban Limit Line and therefore cannot be annexed by the City of San Ramon in order to be served by municipal utilities.

After analyzing the property’s access, as well as its physical, legal and economic constraints, the appraiser concluded that the highest and best use of the property is for development of an upscale single family residence and ancillary buildings limited to a total of three structures within the development site. The restricted development and scenic areas, comprising the majority of the property, include some of the most rugged and inaccessible areas, but also serve as aesthetic buffers from adjacent urban development and provide recreational, scenic and

70 habitat value.

Staff’s analysis of and recommendations for the property are presented in the attached Acquisition Evaluation (“AE”). The AE finds that this acquisition is consistent with the Park District’s 2013 Master Plan and recommends that upon acquisition, the subject property be placed into Land Bank status until a Land Use Plan for Bishop Ranch Open Space Regional Preserve incorporating the property into the regional park system is adopted. Fencing and gate replacement, signage installation, tree work, weed abatement and a solar pump for the water well to support an onsite grazing program are also recommended and budgeted for in this Board action. Finally, the AE recommends that a feature of the property be named after the Wiedemann family as one of the founding families of the San Ramon Valley almost 150 years ago. Staff recommends that the Board approve the two resolutions attached, one authorizing the purchase of the property, the second naming a feature on the property after the Wiedemann family.

ALTERNATIVES

No alternatives are recommended.

71

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 –

November 3, 2015

AUTHORIZATION TO EXERCISE AN OPTION, PURCHASE AND SALE AGREEMENT AND TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION OF 362.33± ACRES OF REAL PROPERTY FROM WIEDEMANN RANCH, INC.: BISHOP RANCH OPEN SPACE REGIONAL PRESERVE

WHEREAS, the Board of Directors authorized negotiations with Wiedemann Ranch, Inc. (Sellers) by Resolution No. 2014-08-204, adopted August 12, 2014; and

WHEREAS, under direction given by the Board of Directors, staff negotiated an option, purchase and sale agreement (Agreement) with the Sellers for acquisition of the subject property; and

WHEREAS, on September 1, 2015 by its Resolution No. 2015-09-256, the Board authorized staff to enter into the Agreement for the acquisition of the property, whereby the Board appropriated $25,000 for an initial option payment and $25,300 for associated project costs; and

WHEREAS, the 362.33± acre property may be acquired on or before December 18, 2015 for $2,048,000, its appraised fair market value as supported by an independently prepared appraisal; and

WHEREAS, acquisition of this property aids in important resource protection goals by maintaining open space, protecting and restoring sensitive species habitat, and extending a wildlife corridor; and

WHEREAS, acquisition of the subject property may also provide public recreational trail opportunities by connecting Bishop Ranch Open Space Regional Preserve with Dublin Hills Regional Park; and

WHEREAS, the option to purchase within the Agreement must be exercised by November 18, 2015 with escrow to close by December 18, 2015; and

WHEREAS, the City of San Ramon is currently considering making a contribution to the acquisition that would help defray total project costs; and

WHEREAS, under the California Environmental Quality Act (CEQA) and the Park District’s Environmental Review Manual, this action by the Board of Directors is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation;

72 NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the acquisition of the 362.33± acre subject property from Sellers for a purchase price of $2,048,000; and

BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $2,093,000 from project account Designated Acquisitions – Measure WW – Undesignated (CIP 229900WW00), utilizing acquisition funds from the Calaveras Ridge Trail allocation area, to project accounts Wiedemann Ranch Inc./Bishop Ranch Acquisition (CIP 243100WP12) and Wiedemann Ranch Inc./Bishop Ranch Safety and Security (CIP 243101WP12) to fund associated acquisition expenses as shown on the attached Budget Change form; and

BE IT FURTHER RESOLVED that the Board authorizes the acceptance and appropriation of funds from the City of San Ramon in the event that the City Council should approve a donation to project account Wiedemann Ranch Inc./Bishop Ranch Acquisition (CIP 243100), which would reduce the amount of Measure WW funds needed to purchase the property; and

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

Moved by Director , seconded by Director and adopted this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

73

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. 2015 – 11 –

November 3, 2015

AUTHORIZATION TO NAME A PROPERTY FEATURE ON THE 362.33± WIEDEMANN “AG LOT 2” PROPERTY AFTER THE WIEDEMANN FAMILY: BISHOP RANCH OPEN SPACE REGIONAL PRESERVE

WHEREAS, on November 3, 2015, by Resolution No. 2015-11-xxx, the Board of Directors of the East Bay Regional Park District authorized the acquisition of the 362.33± acre Wiedemann Ag Lot 2 property from Wiedemann Ranch, Inc., owned and operated by the Wiedemann family for over five generations; and

WHEREAS, the Weidemann family has requested, in association with the Park District’s acquisition of the Weidemann Ag Lot 2 property, that a feature on the property be named to commemorate the family history; and

WHEREAS, the Weidemann family is one of the founding families of the San Ramon Valley beginning in the 19th century, and the Weidemann name and its historical significance to the Bishop Ranch Open Space Regional Preserve and San Ramon Valley has been reviewed by District Planning & GIS staff for consistency with the Park District’s Naming Policy; and

WHEREAS, a Land Use Plan for Bishop Ranch Open Space Regional Preserve will need to be prepared prior to incorporating Ag Lot 2 into the regional park system and opening it to the public; and

WHEREAS, as part of that planning process, the Land Use Plan will identify the specific feature to be named for the Weidemann family;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the future naming of a property feature on Ag Lot 2 after the Weidemann family to commemorate the family’s historic role and leadership in the settlement, ranching and civic enterprises associated with the founding of the San Ramon Valley community and the city of San Ramon; 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.

74 Moved by Director , seconded by Director , and approved this 3rd day of November, 2015, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

75

ACQUISITION EVALUATION

Weidemann Ag Lot 2 Property Hawkshead Circle, San Ramon 362.33± acres APN 211-230-014 (Contra Costa County)

Site Description:

The Weidemann Ag Lot 2 property consists of one 362.33± acre parcel. The property is located on Hawkshead Circle west of the city of San Ramon in unincorporated Contra Costa County. The property is located between Bishop Ranch Open Space Regional Preserve and Dublin Hills Regional Park and shares a common border with each park. To the north, Bishop Ranch Open Space borders the northeast corner of the property and to the southwest the property shares a property line with Dublin Hills. The property is bordered by private land to the east, southeast and west. The Weidemann Ag Lot 2 property will be an addition to the existing Bishop Ranch Open Space Regional Preserve.

Acquisition of the Weidemann property provides an opportunity to expand recreational opportunities in the San Ramon vicinity while simultaneously preserving an important parcel of local natural and cultural significance. The property lies between two existing regional parks with an opportunity to provide trail connections into both parks via local neighborhood trails. It will also provide a critical piece of the Calaveras Ridge Trail as identified in the EBRPD 2013 Master Plan.

Access to the Weidemann property is possible from 1095 Hawkshead Circle inside the Norris Canyon Estates gated community. There is one maintained road that runs through the property from the entrance gate at 1095 Hawkshead Circle to the eastern edge of the property where the area designated as an allowable development site is located. The road then continues south across “Big Canyon” and crosses the shared property line with Dublin Hill Regional Park. This road from Hawkshead Circle to Dublin Hills is currently maintained by San Ramon Valley Fire. Branching off of the main road to the north is a short segment of road, approximately 0.3 miles, which is in good condition but is not currently maintained. It has a terminus at the northeastern corner of the property where the property borders Bishop Ranch. A southern road branches off the main road near the border with Dublin Hills. This southwestern road is overgrown and not currently passable by larger vehicles, though ATVs can traverse it. The southwestern road skirts the western edge of the property and then branches off into an unmaintained cattle trail that summits Harlan Hill, the highest point on the property, before dropping back down to the main road at the cattle corral near the middle of eastern property line. The roads on the property are only accessible by four-wheel drive vehicles.

There are no residential or accessory structures present on the Weidemann Property, with the exception of a 10,000-gallon metal water storage tank, well, corrals and other infrastructure to support grazing (i.e. troughs and fencing). The well, tank and corrals are located within the approved development site on the eastern side of the property. This site has been approved

76 for up to three structures and is 8.79 acres. The site is fenced with barbed wire gates that open internally to other portions of the property and externally at one location to the neighboring property that is also grazed by the Weidemann family. In the corral there is a covered livestock feeding pen and metal trough. The well is approximately 250 feet deep and is topped with a concrete slab above which is a wood structure that covers the pump and supports a gas generator. The well, when the pump and generator are running, produces 10-25 gallons per minute (GPM). A solar pump is recommended to replace the generator as a preferable alternative. There are no municipal water, sewer, or telephone services available on site, nor electric power.

The property’s corrals are made of metal and are in overall good condition. The troughs are older metal troughs, and are presently in working condition. One trough is located at the corrals and is filled by the existing water storage tank. The second trough is located on the main road in the Big Canyon Creek drainage and is fed by a spring box located uphill from the trough. The water from the spring box is delivered to the trough via a gravity-fed water system and demand is controlled by a float valve in the trough. The system appears to be in good working order but the exact location of the pipes is not currently known, which could make repairs difficult. The water delivery pipe crosses Big Canyon Creek upstream of an existing culvert.

The majority of the fencing on the property is currently in good condition with segments that need repair and/or replacement. There is currently no fence between the Weidemann property and the bordering Dublin Hills parcel because both properties are grazed by the Weidemann ranching operation. Within the existing fences, some gates are made of barbed wire and should be replaced with the District-standard Powder River-style gates. Along existing fencing and on the Hawkshead Circle entry gate clear boundary marking is needed, including standard District “landbank property” signs. Safety and security funds have been allocated for repair of fencing, installation of gates, and signage.

The Weidemann property is located outside the Urban Limit Line in unincorporated Contra Costa County and has a General Plan designation of AL – Agricultural Lands. The Weidemann parcel is zoned A-4, Agricultural Preserve District. There is an existing Scenic Easement Agreement on the property to preserve the open space and scenic values of the property. This Agreement is for all portions of the property above 1500 ft.

Natural and Cultural Resources:

The Weidemann property features moderate to steep topography rising from its lowest elevations of about 900 feet along the eastern edge of the property to 1,718 feet at the summit of Harlan Hill. Harlan Hill is part of a prominent ridge that crosses the middle of the property from east to west, with canyons on either side of the ridge. Harlan Hill offers panoramic views of the East Bay, including the San Francisco Bay, Mt. Diablo and the entire Tri-Valley Area.

Two canyons traverse the property from the west to east, with their lowest points on the eastern edge of the property. The northern ranch road crosses and winds through the canyon to the north. The southern road that winds down from the designated development area

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crosses Big Canyon. Big Canyon is a wide canyon with steep slopes on both sides. The south facing slope of the Canyon is characterized by open grasslands and some thicker areas of woods and brushy vegetation. The north facing slope has areas of dense vegetation and woodland that have significant habitat value. Approximately 40% of the property is covered in oak woodland while the rest of the property is covered in annual grasses. Although there are no recorded occurrences of special status wildlife species on the property, there is a good potential for Alameda whipsnake and California red-legged frog to exist here. Other wildlife likely to be found include deer, coyote, mountain lion, and various raptors.

The northern canyon collects seasonal runoff in a southwest-to-northeast orientation. Big Canyon is a much larger drainage area and the headwaters of a named creek, Big Canyon Creek. Big Canyon Creek flows west to east and collects water from tributary drainages and springs. Big Canyon Creek is an ephemeral stream. There is one active and flowing spring on the north facing slope of Big Canyon and the water that is not captured in the spring box that feeds the Big Canyon trough, flows down the side of the canyon towards Big Canyon Creek.

In regard to cultural history, the Weidemann family has owned and grazed cattle on the property since the 19th century. The family has reported that existing rock walls on the property and on neighboring properties were built in the late 1800s by Chinese laborers who were looking for work clearing land after construction on the Trans-Continental Railroad was completed. None of the existing infrastructure, particularly fencing and gates, was deemed to be historic in nature. In addition, there are no specifically identified bedrock mortars or other Native sites of concern located on the Weidemann property, although the owners could be further interviewed regarding the property’s history to determine if any Native objects have ever been found there.

Planning Issues:

Master Plan: This acquisition will protect natural resources and scenic values. It provides recreational, interpretive and educational opportunities, and the general opportunity to enjoy open space. The land and trails associated with this acquisition are contiguous to, and will link, existing holdings. Furthermore, the acquisition provides the opportunity to close a critical gap in the Calaveras Ridge Trail, which is shown in the Master Plan map as a potential regional trail traversing the property. For these reasons, this acquisition is consistent with the Master Plan 2013 Regional Parkland and Trail Map (adopted July 16, 2013).

Land Use Planning: There is no Land Use Plan for Bishop Ranch Open Space Regional Preserve. There is an interim Land Use Plan for Dublin Hills Regional Park that was approved in 2008. The acquisition of this property will require the preparation of a Land Use Plan prior to taking this property off the land bank list.

Feature Naming: It has been proposed to name a previously unnamed feature (i.e. a trail and/or staging area) on the property after the Weidemann family per the Weidemann family’s request. The specific feature will be determined as part of a future land use plan and opening of the property. The purpose of using the Weidemann name is to commemorate the Weidemann family who obtained and settled this property, in addition to other lands, in the 19th century.

78 The property, which is proposed for acquisition, has been in continuous operation by the Weidemann family for almost 150 years.

The historic connection of the Weidemann family to the proposed acquisition and the greater Bishop Ranch Open Space and San Ramon Valley makes naming a feature on the property after the Weidemann family appropriate according to the District’s Naming Policy [Resolution No. 2004-04-73 (4/20/04)]. The Naming Policy states that “Regional Parks, trails, features, areas, and facilities will be named after natural features…or for cultural features such as archaeological and historic artifacts, historic persons, families or events.”

The Weidemann family historical and background information was provided by Beverly Lane, an EBRPD Board Member and local San Ramon historian, and the family’s naming proposal was recommended by Liz Musbach, Land Acquisition Manager and Neoma Lavalle, Planner, Planning & GIS.

CEQA Compliance: This acquisition is 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; and Section 15304, minor alterations of land with respect to grazing activities.

Public Safety:

Police: An Automated Regional Information Exchange System (ARIES) search of the property showed no calls for Law Enforcement Services. The current property owner has allowed hunting on the property and there is evidence of access as recently as September 14, 2015.

Access to the property for emergency vehicles will be by means of the previously mentioned fire roads traversing the property, which require four-wheel drive vehicles. Access to certain areas could be limited due to terrain and potentially compounded by inclement weather.

The Contra Costa County Sheriff currently provides police services for the area. Upon final acquisition of the property, emergency response should correspond with our response to all incidents in Bishop Ranch Open Space Preserve.

Based on the present data gathered through ARIES, current known activity on the property and the District’s plan for the property, policing requirements will be minimal. The occasional patrol checks of Bishop Ranch Open Space Regional Preserve and Dublin Hills Regional Park area by the Air Support Unit will include this property and only take minimal time, an additional 10-15 minutes when patrolling the parks. Patrol by ground units is feasible with four-wheel drive vehicles from the internal fire roads and can be included in routine patrols of both parks. Police related problems with this area include the potential for illegal off-road motorcycle use, marijuana grow sites, medical/personal injuries and lost/missing persons, and illegal hunting.

Fire: The property is classified as State Responsibility Area (SRA) for fire protection, and is within the State’s Direct Protection Area. Initial attack fire suppression resources would likely arrive first from CAL FIRE’s Sunol and Sunshine Stations. CAL FIRE crews, dozers, air

79

resources, supervisory overhead and additional engines would also be dispatched. Engines and a watertender as well as overhead personnel would respond from EBRPD Fire Station 1 (Tilden). Response time would be 30 to 45 minutes depending on the time of day. The EBRPD helicopter, if staffed, would arrive within 15 minutes or less from the Hayward Air Unit. San Ramon Valley Fire Protection District would likely dispatch fire engines as mutual aid.

San Ramon Valley Fire Protection District has the jurisdictional responsibility for structure fires and emergency medical services for this parcel. CAL FIRE and EBRPD would respond as well. The primary roles of CAL FIRE and EBRPD in the event of a structure fire would be to prevent fire spread to the surrounding wildlands and nearby improvements.

The parcel is located within the State’s “High” Fire Hazard Severity Zone. It is likely that a wildland fire would be of high intensity and cause substantial damage to the natural resources and infrastructure improvements. San Ramon Boulevard carries the public nearby, east of the property, and an improved road winds through the center of the parcel. This access increases fire risk and influences the potential for human-caused fires to occur.

Hazardous materials response will be the responsibility of EBRPD. District records document that over a recent three year period, Las Trampas Regional Park has had two hazardous materials incidents. This average of more than one per year is a Low occurrence, compared with other District parks. One could expect a similar level of occurrence in this new addition.

In a recent three year period, EBRPD fire department personnel responded to 13 medical incidents in Las Trampas. This is a Low level of occurrence when compared with other District parks, and could characterize medical response activity in the new parcel as well.

Recommendations:  Locate or secure a stable water supply for firefighting on this parcel or in adjacent acquisition properties i.e. Dublin Hills, Bishop Ranch etc.  At trailheads or other public access points, include public education information regarding fire risks, hazards, responsibilities and actions to minimize fire occurrence and losses.  Continue to strengthen mutual aid relationships with San Ramon Fire Department, Contra Costa County, neighboring fire departments and protection districts, as well as with the State of California’s CAL FIRE to ensure adequate emergency response times.  Integrate wildland/urban interface fire considerations in land management planning as well as development project plans.  Ensure an adequate level of fire and visitor safety protection capability is provided, commensurate with the increasing land base and wildland-urban interface requiring protection.  Conduct hazard mitigation and annual defensible space clearances in compliance with State PRC 4291.

Acquisition Criteria: This property:  Will protect natural resources and scenic values.  Will provide recreational, interpretive and educational opportunities.

80  Is contiguous to existing District land holdings and will link those properties and improve access.  Will project a needed link in the regional open space and trail network.  Will protect trail and wildlife corridors.  Will prevent visual intrusion on parklands and open space.  Will maintain an equitable distribution of parkland throughout the District.

Recommendation for Land Bank Status: Yes X No ____

 The property is not located within an area covered by an approved Land Use Plan or Amendment. The property can be removed from Land Bank Status at such a time that a Land Use Plan is approved.

Site Cost Estimate: Acquisition Cost: Measure WW $ 2,048,000

Safety and Security Total1: $ 59,000 Gates and fencing: - Two 16’ gates (vehicle), Two self-closing pedestrian gates $ 10,000 - Approximately 8,000 lf of barbed-wire fence $ 35,000 Well - Solar pump for reliable livestock and emergency water use $ 9,500 Treework - Trim and maintain trees along existing roads/trails $ 1,000 Signs - District boundary / various signs $ 1,000 IPM - Artichoke thistle and purple star thistle eradication $ 2,500

Maintenance and Operational Estimate (annual): $ 31,704 1 Total Five-Year Projection: $ 158,520

1 Estimate is based upon the annual Land Base Operating Cost Methodology.

10/28/2015 N. Lavalle

81

Bishop Ranch Open Space Regional Preserve East Bay Wiedemann Ranch, Inc. Property ± Regional Park District APN: 211-230-014 Environmental Programs August 4, 2014 Feet t:/bstone/mxd projects/Appraisal/ Area: 362.33 acres br_wiedemann_b+w.mxd 01,000 2,000 4,000 6,000

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Disclaimer: Boundary and property lines shown on this map do not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no PleasantonDublin Blvd liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written I 580 Ridge consent of EBRPD. Garin 82 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital- Land District Wide-Acquisition-Designated Acquisition-Wiedemann Ranch, Inc.- Land Acquisition-Measure WW Bishop Open Space Regional Preserve- Undesignated Measure WW Calaveras Ridge Acquisition Allocation Area-Admin Costs

Account: 333-6330-000-7010 / Account: 333-6330-194-7010 / 229900WW00-100 $ 2,093,000.00 243100WP12-100 $ 11,000.00 Account Name: Expense: Capital- Land Acquisition-Wiedemann Ranch, Inc.- Bishop Open Space Regional Preserve- Measure WW Calaveras Ridge Acquisition Allocation Area-Purchase Price

Account: 333-6330-194-7010 / 243100WP12-101 $ 2,023,000.00 Account Name: Expense: Capital- Land Acquisition-Wiedemann Ranch, Inc.Safety & Security-Bishop Open Space Regional Preserve-Measure WW Calaveras Ridge Acquisition Allocation Area-Safety & Security

Account: 333-6330-194-7010 / 243101WP12-500 $ 59,000.00 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on November 3, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $2,093,000 of Measure WW Acquisition Calaveras Ridge acquisition allocation area to augment the existing acquisition budget, $50,300 that was previously appropriated.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-3-a by 243100 & 243101 Wiedemann Ranch, Inc-Bishop Ranch 83

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

b. Authorization to Exchange Existing Trail Easements for New Trail and Emergency Vehicle and Maintenance Access Easements from Eric and Megan Lindberg and Victoria Liviakis, Purchase a New Trail Easement from the Golden Rain Foundation of Walnut Creek, and Transfer and Appropriate Funds for Related Expenses: Calaveras Ridge Regional Trail (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the acceptance of recreational trail and emergency vehicle and maintenance access (EVMA) easements from Eric and Megan Lindberg and Victoria Liviakis in exchange for quitclaiming the Park District’s existing trail easements across the Lindberg and Liviakis properties, authorize the purchase of a recreational trail easement from the Golden Rain Foundation of Walnut Creek (Rossmoor Property), and authorize the transfer and appropriation of funds for related expenses.

REVENUE/COST

Under the terms of the proposed exchange of easements with Lindberg and Liviakis, the new trail and EVMA easements will be acquired at no cost to the Park District other than escrow fees. The trail easement across the Rossmoor parcel may be purchased for $10,000. Close of escrow with all three parties is anticipated to occur by end of year. This Board action will transfer and appropriate $61,275 of Measure WW acquisition funds from the Calaveras Ridge Trail Allocation Area, as follows:

USE OF FUNDS Transfer And Appropriate From: Designated Acquisitions – Measure WW Undesignated (229900WW00) $ 61,275

USE OF FUNDS Transfer And Appropriate To: Burton Ridge/Calaveras Ridge Trail Acquisition (242700WP12) Purchase Price, Rossmoor Trail Easement $ 10,000

84 Staff Time 36,000 Surveying Services 10,000 Title Search Services 2,775 Escrow Fees 2,000 Legal Services 500 Total Project Cost $ 61,275

BACKGROUND

The Park District’s 2013 Master Plan identifies the Briones to Las Trampas segment of the Calaveras Ridge Regional Trail as an important link between Briones Regional Park, the Lafayette-Moraga Regional Trail, and Las Trampas Wilderness Regional Preserve. This regional trail corridor also ties into the City of Lafayette’s community trail network, and serves to provide convenient access between local parks and to residential and commercial areas within the City. Much of this trail corridor is in place and open to public use from Briones Regional Park through downtown Lafayette and south along the Lafayette-Moraga Regional Trail to a staging area at the intersection of Pleasant Hill Road and Olympic Boulevard. The remaining gap from Olympic Boulevard south to Las Trampas Wilderness Regional Preserve is located along Burton Ridge on the Lafayette-Walnut Creek border. The Park District and the City of Lafayette have worked closely over many years to assemble the remaining right-of-way needed to close this gap.

In 2000, the Park District acquired trail easements along Burton Ridge across properties owned by Victoria Liviakis and Craig and Kim Stevens. Though not connecting to other trail easements or to Park District lands, these two easements established the first segments of right-of-way for the planned extension of the regional trail along Burton Ridge. The Stevens property was subsequently purchased by Eric and Megan Lindberg as their family residence. The Lindbergs later acquired surrounding parcels on Burton Ridge to expand the family ranch. On December 17, 2013, by Resolution No. 2013-12-283, the Board of Directors authorized staff to begin negotiations with the Lindbergs for the acquisition of additional trail easements across their property to connect the existing easements to Park District lands to the north (former De Silva property) and to a City of Lafayette trail easement to the south that was dedicated to the City in 2013 as a condition of approval for a development permit (Soldier Field Partners LLC property). Those negotiations led to separate discussions with the adjoining landowner, the Rossmoor retirement community, to explore a realignment of the planned trail corridor to include Rossmoor lands. On April 21, 2015, by Resolution No. 2015-04-104, the Board authorized negotiations with Rossmoor’s corporate entity, the Golden Rain Foundation of Walnut Creek, for the acquisition of a trail easement along Rossmoor’s boundary with Lindberg. Negotiations with the Lindbergs and Rossmoor in turn led to discussions with Victoria Liviakis, and on August 11, 2015, by Resolution No. 2015-08-221, the Board authorized negotiations with Liviakis for a realignment of the Park District’s existing trail easement across her property.

These multi-party negotiations have resulted in the identification of an improved trail alignment and the opportunity to acquire approximately 1.25 miles of trail and EVMA easements that, together with trail easements held by the City of Lafayette, will secure the remaining right-of-

85

way necessary to extend the Calaveras Ridge Regional Trail into Las Trampas Wilderness Regional Preserve, while also providing emergency vehicle and maintenance access to the former De Silva property and along the length of Burton Ridge.

Under the terms of the proposed exchange agreements, the Lindbergs and Liviakis will grant new trail and EVMA easements to the Park District at no cost in exchange for the Park District quitclaiming its interest in the existing easements. The Park District will also purchase a trail easement from Rossmoor for $10,000 to complete the trail alignment.

ALTERNATIVES

No alternatives are recommended.

86 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 -11-

November 3, 2015

AUTHORIZATION TO EXCHANGE EXISTING TRAIL EASEMENTS FOR NEW TRAIL AND EMERGENCY VEHICLE AND MAINTENANCE ACCESS EASEMENTS FROM ERIC AND MEGAN LINDBERG AND VICTORIA LIVIAKIS, PURCHASE A NEW TRAIL EASEMENT FROM THE GOLDEN RAIN FOUNDATION OF WALNUT CREEK, AND TRANSFER AND APPROPRIATE FUNDS FOR RELATED EXPENSES: CALAVERAS RIDGE REGIONAL TRAIL

WHEREAS, Eric and Megan Lindberg (“the Lindbergs”) are the owners of real property located at 7 Vista del Valle and 788 Glenside Drive in the City of Lafayette, County of Contra Costa, State of California, also known as Assessor’s Parcel Numbers 238-080-032-2, -035-5 and -036-3; and

WHEREAS, Victoria Liviakis (“Liviakis”) is the owner of real property located at 782 Glenside Drive in the City of Lafayette, also known as Assessor’s Parcel Number 238-080-033; and

WHEREAS, the Golden Rain Foundation of Walnut Creek (“Rossmoor”) is the owner of real property located at Skycrest Drive in the City of Walnut Creek, County of Contra Costa, State of California, also known as Assessor’s Parcel Number 189-150-011; and

WHEREAS, the Lindberg, Liviakis, and Rossmoor properties are located along Burton Ridge within a corridor that is identified in the Park District’s 2013 Master Plan as the preferred alignment for an extension of the Briones to Las Trampas segment of the Calaveras Ridge Regional Trail; and

WHEREAS, the Park District previously acquired a recreational trail easement encumbering a portion of the Lindberg property from the previous owner for the purpose of securing right-of-way along Burton Ridge for the planned trail extension to Las Trampas Wilderness Regional Preserve, and also previously acquired a recreational trail easement encumbering a portion of the Liviakis property from Liviakis for the same purpose (the “Existing Easements”); and

WHEREAS, the Park District desires to acquire new trail easements from the Lindbergs, Liviakis, and Rossmoor that will improve the trail alignment, close the remaining gaps in the right-of-way necessary to extend the Calaveras Ridge Regional Trail along Burton Ridge to Las Trampas Regional Wilderness Preserve, and provide emergency vehicle and maintenance access to neighboring Park District-owned property; and

87

WHEREAS, the Board of Directors authorized negotiations with the Lindbergs by Resolution No. 2013-12-283 adopted December 17, 2013, with Rossmoor by Resolution No. 2015-04-104 adopted April 21, 2015, and with Liviakis by Resolution No. 2015-08-221 adopted August 11, 2015; and

WHEREAS, under direction given by the Board, staff has negotiated an exchange of easements with the Lindbergs and Liviakis whereby the parties will each grant to the Park District new recreational trail and emergency vehicle and maintenance access easements, and in exchange the Park District will quitclaim back to the Lindbergs and Liviakis all rights and interest in the Existing Easements (the “Easement Exchanges”); and

WHEREAS, under direction given by the Board, staff has negotiated the purchase of a recreational trail easement from Rossmoor for $10,000 (the “Easement Purchase”); and

WHEREAS, under the California Environmental Quality Act (CEQA) and the Park District’s Environmental Review Manual, these actions by the Board of Directors are Categorically Exempt and therefore not subject to preparation and processing of environmental documentation;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the Easement Exchanges and the Easement Purchase as set forth hereinabove; and

BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $61,275 from project account Designated Acquisitions – Measure WW Undesignated (229900WW00) to project account Burton Ridge/Calaveras Ridge Trail Acquisition (242700WP12) to fund acquisition-related expenses as shown on the attached Budget Change form; and

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

Moved by Director , seconded by Director and adopted this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

88 EBRPD (Landbank)

Golden Rain Foundation (Rossmoor)

Skycrest

Lindberg 238-080-036

Golden Rain

Liviakis 238-080-033 Rossmoor 189-150-011

Lindberg 238-080-032

nt mo ak O

VICINITY MAP Golden Rain Briones Michael Foundation (Rossmoor) Lindberg 238-080-035 Diablo Foothills EBMUD

EBRPD Easements Soldier Field Partners LLC Las Trampas Augustine Proposed Esmt Lindberg 238-080-019 Existing Esmt 238-080-036 Sources: USGS, ESRI, TANA, AND

CALAVERAS RIDGE TRAIL Briones to Las Trampas Section ¯ ASD Division Overview Map September 9, 2015 t:/bstone/mxd projects/ Lindberg, Liviakis and trails/calaverasrt/ Rossmoor Trail Easements Feet bnlt_LindbergAll-09-2015.mxd 0 250 500 1,000

89

EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital- Land District Wide-Acquisition-Designated Acquisition-Burton Property-Calaveras Land Acquisition-Measure WW Ridge Trail-Measure WW Calaveras Undesignated Ridge Acquisition Allocation Area-Admin Costs

Account: 333-6330-000-7010 / Account: 333-6330-194-7010 / 229900WW00-100 $ 36,275.00 243100WP12-100 $ 26,275.00 Account Name: Expense: Capital- Land Acquisition-Burton Property-Calaveras Ridge Trail-Measure WW Calaveras Ridge Acquisition Allocation Area- Purchase Price

Account: 333-6330-194-7010 / 243100WP12-101 $ 10,000.00 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on Novermber 3, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $36,275 of Measure WW Acquisition Calaveras Ridge acquisition allocation area to augment the existing acquisition project budget of $25,000. Previously, staff budgeted $25,000 Measure WW Calaveras Ridge acquisition allocation area funding to start the project.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-3-by 242700 Burton Property- Calaveras Ridge Trail 90

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91

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

3. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION

c. Authorization to Accept 3.89± Acres Representing a Portion of 620 Central Avenue, Alameda, California (APN: portion 074-1305-026) from the United States of America and Transfer and Appropriate Funds: Crown Memorial State Beach (Victor/Musbach)

RECOMMENDATION

The General Manager recommends that the Board of Directors of the East Bay Regional Park District authorize the acceptance of 3.89± acres representing a portion of 620 Central Avenue, Alameda, California (APN: portion 074-1305-026) (“the Property”) from the United States of America and transfer and appropriate funds. The Property is being acquired to expand Crown Memorial State Beach.

REVENUE/COST

The agreed upon purchase price is $2,182,500. Staff requests an additional $5,000 in funds to purchase title insurance. This action transfers and appropriates Measure WW acquisition funds from the Crown Beach allocation area to fund these expenses:

SOURCE OF FUNDS Transfer/Appropriate From: Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00) $2,187,500

USE OF FUNDS Transfer/Appropriate To: USA-GSA/Crown Beach Acquisition (CIP 235300) Purchase Price $2,182,500 Title Insurance 5,000 Total Current Project Cost $2,187,500

92 BACKGROUND

This action fulfills the long-held goal of acquiring the surplus federal property on McKay Avenue in order to expand Crown Memorial State Beach which is owned by the State and operated by the Park District. This acquisition was identified in Measure WW approved by the voters in 2008. As shown on the attached map, the Property is within the footprint of the State park and represents the last remaining opportunity to expand the park.

The purchase came about through comprehensive settlement discussions with the General Services Administration/United States, the State of California, and the Park District to resolve eminent domain proceedings brought by the United States to acquire title to McKay Avenue. As part of the settlement authorized by the Board in closed session on September 15, 2015 (5-0, Directors Dotson and Waespi absent), the Park District agreed to pay $2,182,500 to the United States to acquire the 3.89± acre federal property. The Property will be transferred via a quit claim deed but fully insured under a policy of title insurance. The United States has also agreed to transfer title in McKay Avenue back to the State of California with access and utility easements in the street reserved to the remaining federal parcel and to successor property owners.

The site is fully fenced and secure. The property is improved with several significant structures associated with its former military and federal use. The condition of the buildings on the property is poor to dilapidated. Park District staff will evaluate the site and make a recommendation sometime next year on any necessary additional site safety and security measures and on moving forward with clearing the site for reuse. The property is zoned for open space.

This acquisition is categorically exempt from environmental documentation requirements under the California Environmental Quality Act (CEQA) pursuant to Section 15325 of the State CEQA Guidelines that exempts the acquisition, sale, or other transfer of land in order to preserve and restore natural conditions, and preserve lands for open space or park purposes. There will be no significant operational impacts to the District from this acquisition as it is adjacent to existing park operations.

ALTERNATIVES

No alternatives are recommended.

93

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 11 -

November 3, 2015

AUTHORIZATION TO ACCEPT 3.89± ACRES REPRESENTING A PORTION OF 620 CENTRAL AVENUE, ALAMEDA, CALIFORNIA (APN: PORTION 074-1305-026) FROM THE UNITED STATES OF AMERICA AND TRANSFER AND APPROPRIATE FUNDS: CROWN MEMORIAL STATE BEACH

WHEREAS, acquisition of the 3.89± acres federal property adjacent to Crab Cove (the “Property”) was identified in the East Bay Regional Park District’s Measure WW for funding; and

WHEREAS, as part of a comprehensive settlement between the United States, the State of California and Park District in the Unites States’ eminent domain action entitled United States v. 1.41 Acres of Land (Case No. C 14-01781-WHA), the Board agreed to purchase the Property from the United States for $2,182,500; and

WHEREAS, under the California Environmental Quality Act (“CEQA”) and the District’s Environmental Review Manual, this action by the Board of Directors is categorically exempt and therefore not subject to preparation and processing of environmental documentation;

NOW THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes staff to accept the Property from the United States; and

BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $2,187,500 from project account Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00), utilizing acquisition funds from the Crown Beach allocation area, to project account USA-GSA/Crown Beach Acquisition (CIP 235300) to fund the acquisition and related expenses, as shown on the attached Budget Change form, and;

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

Moved by Director and seconded by Director and adopted this 3rd day of November, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

94 CROWN BEACH 1:2,400 • Environmental Programs & REGIONAL SHORELINE GIS Applications t:\bstone\mxd projects\land acq\ GSA Property Feet cb_McKayAve-GSA2011.mxd April 4, 2011 050 100 200 300 400

Crolls Garden

Webster

Queens

GSA Property 074-1305-026

McKay Portion of GSA Property 3.899 acres

Crown

Kings

Trail Easement to EBRPD

EBRPD CROWN BEACH REGIONAL SHORELINE

95

EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital- Land District Wide-Acquisition-Designated Acquisition-USA-GSA Property-Crown Land Acquisition-Measure WW Beach-Measure WW Crown Beach Undesignated Acquisition Allocation Area-Admin Costs

Account: 333-6330-000-7010 / Account: 333-6330-409-7010 / 229900WW00-100 $ 2,187,500 235300WP18-100 $ 5,000 Account Name: Expense: Capital- Land Acquisition-USA-GSA Property-Crown Beach-Measure WW Crown Beach Acquisition Allocation Area-Purchase Price

Account: 333-6330-409-7010 / 235300WP18-101 $ 2,182,500 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on Novermber 3, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $2,187,500 of Measure WW Acquisition Crown Beach acquisition allocation area to augment the existing acquisition project budget of $469,500 and allow for the purchase of the property.

As approved at the Board of Directors Meeting on date: 11/3/2015 Board of Directors Resolution Number: 2015-11- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\19 - November 3, 2015\S DRIVE\C-3-c y 235300 USA-GSA 96 BUDGET CHANGE FORM REQUEST LAND DIVISION

BOARD MEETING DATE 11/3/2015

Authorization to Accept 3.89± Acres Representing a Portion of 620 Central BOARD TITLE Avenue, Alameda, California (APN: 074-1305-026 portion) from the United States of America and Transfer and Appoproriate Funds: Crown Memorial State Beach (Victor/Musbach)

PROJECT NAME USA-GSA/Crown Beach CIP 235300

existing additional budget budget final budget TRANSFER/APPROPRIATE FROM: Designated Acquisitions 229900WW00 $444,142 $444,142 Designated Acquisitions 229900BAAI $25,358 $0 $0 Crown Beach $0 $0 $0 $0 $0 $0

TOTAL $469,500 $0 $444,142

existing additional funding budget budget final budget source group task TRANSFER/APPROPRIATE TO: CIP: Acquisition 235300 Admin $25,358 $0 $25,358 BAAI 100 several Admin $394,142 $5,000 $399,142 WP18 100 several Purchase Price $50,000 $2,182,500 $2,232,500 WP18 101 101

CIP: Safety and Security Prj Mgr: Fencing $0 $0 $0 500 Gates/Signs $0 $0 $0 500 Solar Pump $0 $0 $0 500 Fuel mgmt/weed abatement $0 $0 $0 500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

TOTAL $469,500 $2,187,500 $2,657,000

LESS INITIAL BUDGET:

NOTES:

97 BOARD AND STAFF REPORTS

98

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

4. BOARD AND STAFF REPORTS

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

City of Lafayette – Lucas Ranch Estates

On Monday, October 19, 2015, the City of Lafayette Planning Commission approved several key development applications for the construction of three estate homes in the previously entitled Lucas Ranch Estates subdivision. For each of the three projects (located on Lots 4, 6 and 7), the Commission approved a Phase 1 Hillside Development Permit for Siting and Massing, Design Review, and a Grading Permit; the Lot 4 project received an additional Exception for Development within a Class II Ridgeline. As the 2006 approval of the overall subdivision included adoption of an Environmental Impact Report (EIR), the Planning Commission also determined that the current development proposals are categorically exempt under the California Environmental Quality Act (CEQA).

The overall Lucas Ranch Estates project consists of an eight-lot development clustered on the southern portion of an 87.9-acre property. The remaining acreage will be permanently preserved as open space prior to recordation of the Final Map. A segment of the proposed Calaveras Ridge Trail was incorporated into the original subdivision project as a 20-foot wide ridgeline trail easement offered to the City of Lafayette. The 2006 Conditions of Approval require the trail to be built to District standards. Trail access will be provided from the end of Lucas Drive, along the proposed Lucas Ranch Road, and will connect to the proposed ridgeline trail.

99

Event Calendar November - December 2015 Board Meeting Date: November 3, 2015

Date Day Time Event Location Sponsoring Organization 11/6 Friday 3:00 – 4:00 p.m. East Bay Greenway Oakland Coliseum EBRPD, ACTC, BART, Dedication BART CalTrans, City of Oakland, USDOT, et al. 11/21 Saturday Noon – 4:30 p.m. Hazel-Atlas Mine Black Diamond EBRPD Open House Mines 11/27 & 28 Friday & Saturday 11 a.m. & 1:30 p.m. Return of the Monarchs Ardenwood EBRPD

11/29 Sunday 10 a.m. – 4:30 p.m. Last day of weekend Black Diamond EBRPD mine tours and Mines Greathouse Visitor Center Season 12/5 & 6, Saturday & Sunday 11:30 a.m., 12:00 p.m., Christmas Tours at the Ardenwood City of Fremont 12 & 13, 1:00 p.m., 2:00 p.m., 3:00 Patterson House 19 & 20 p.m. 12/11 Friday 5:30 – 8:45 p.m. Christmas Open House Ardenwood City of Fremont at the Patterson House

100 GENERAL MANAGER

101

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

5. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Facilities Manager Steve Myli and Acting AGM of Finance & Management Services Debra Auker will provide an overview of the Office Services Department activities and recent building improvement projects at Peralta Oaks Administrative Headquarters.

GM COMMENTS Public Safety From August 20 to September 19, 2015 the Public Safety Division handled 887 service calls and 693 total incidents. Highlights are included below.

Police There were 49 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 289 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 287 field interviews (contacts without citations or arrests) and contacted one person on probation or parole to conduct compliance checks.

 Anthony Chabot: On September 19, an officer responded to a domestic incident. The victim had an injured wrist and the suspect was arrested for domestic battery.

 Contra Loma: On September 15, an officer was dispatched to the report of indecent exposure. The suspect was interviewed and arrested without incident.

 Crown Beach: On August 29, a sergeant and officer contacted a group of people for an alcohol violation. One subject, unable to care for himself, was arrested for public intoxication.

 Delta De Anza Trail in Bay Point: On August 20, an officer was dispatched to the report of a victim who was threatened by a man on a bicycle with a wooden paddle. The victim fled the trail and a report was taken by police.

102  Iron Horse Trail in Danville: On August 22, a Lieutenant responded to the report of a person yelling and threatening a woman on the trail. The suspect fled when questioned, but after a brief foot pursuit he was taken into custody for evading a peace officer.

 Lake Chabot: On September 1, several officers responded to the report of an unresponsive person. The subject, who awoke only after several prompts, was determined to be intoxicated. He became combative and was arrested for resisting a peace officer.

On September 1, officers responded to the report of a suicidal person headed to the park. The subject was located and transported to the hospital for a mental health evaluation.

 Lake Temescal: On September 3, officers and fire personnel responded to the report of a drowning victim. The subject was located, but did not respond to life-saving efforts and was pronounced deceased.

 Martin Luther King Jr. Shoreline: On August 25, an officer contacted the occupant of a vehicle with paper plates. The driver smelled of marijuana and a search of the vehicle turned up methamphetamine and prescription cough syrup. The driver was cited and released pending the filing of criminal charges for drug offenses.

On August 29, a sergeant approached a vehicle that was in violation of park curfew. The sergeant interrupted a sexual assault in progress and the suspect was arrested. He has since been linked to several other assaults and a homicide in the bay area.

 Miller Knox: On September 18, officers responded to the report of a suspicious circumstance near the water. After further investigation, two suspects were arrested for sex acts and the juvenile victim was transported to the hospital for examination.

 Shadow Cliffs: On August 29, officers responded to the report of a domestic dispute. The suspect was interviewed and arrested for domestic violence. An Emergency Protective Order was given to the suspect to stay away from the victim.

 Tilden: On August 28, officers and medical personnel responded to the report of an apparent suicide. The victim was pronounced deceased at the scene and an investigation determined there was no foul play.

 Wildcat Canyon: On August 26, an officer responded to the report of park staff being threatened by a park user. The park user was located and taken by ambulance to the hospital for a mental health evaluation.

Fire Operations Fire Response  Briones: On September 21, firefighters responded to a seven-acre wildland fire that started near new construction, off District property, and burned onto District parkland.

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 Out of District, Calaveras and Lake Counties: On September 21, the District’s OES engine 348 responded to an Alameda County joint-agency strike team effort to assist at the Butte Fire and the Valley Fire. The strike team provided structure protection.  Redwood Park: On September 1, firefighters responded to a report of a person with an ankle injury, below Tresendas Trail. The rescue wheel was utilized to help move the patient to Skyline Staging Area where she was then transported to Kaiser Hospital.

 Tilden: On September 27, firefighters responded to the report of power lines down on South Park Drive, and an injured bicyclist who had run into a pole. The patient suffered a shoulder injury and was treated by District firefighters before being transported by ambulance to the hospital.

Training  Fire Training: On September 3 and 17, firefighters participated in the annual Rope Rescue training drill at Lake Chabot. This drill ensures that firefighters maintain a working knowledge of ropes, knots, ties, and their proper application. The drill also covers methods used when working with rescue ropes, high and low angle rescue, and confined space rescue.

Special Service  Ardenwood: On September 5 and 6, firefighters provided medical and fire standby for the Historic Rail Fair.

 Hayward Airport, Helicopter Unit: On September 12 and 13, fire personnel and lifeguard services participated in Urban Shield. Personnel provided support with the Red Command (fire based scenarios) and role-player scenarios for Blue Command (police training scenarios).

 Redwood: On September 20, firefighters provided medical and fire standby for the Art in Nature event.

Fire Fuels Management  East Bay Hills: A contractor continued the multi-site eucalyptus regeneration control project.

Lifeguard Service  August 23, the daily summer schedule concluded for the 2015 season and weekend-only service began.

 August 29, staff participated in the 3rd Annual Walk to Nature event at Miller Knox Shoreline at Keller Beach. The event targeted low-income Richmond youth and families. Over three hundred people attended.

 August 31, the fall swim lessons program started at Roberts pool.

 September 3, staff responded to a non-guarded drowning death on the west side of Lake Temescal.

104  September 19, staff partnered with Pleasant Hill Recreation and Park District to provide a lifeguarding class designed to increase youth engagement within the Pleasant Hill community.

105 BOARD COMMITTEE REPORTS

106

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

a. Board Executive Committee (9/10/2015) (Dotson)

Present

Board: Whitney Dotson, Doug Siden, Ayn Wieskamp

Staff: Robert Doyle, Becky Pheng, Brian Holt, Debra Auker, Dave Collins, Ruby Tumber, Jeff Rasmussen, Larry Tong, Bob Nisbet, Jim O’Connor, Kelly Barrington

Public: Kyle Kearney, Chris Otness, James Streeter, Kyle Manahan

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

1. Update on Concord Hills Regional Park

Brian Holt, Principal Planner, presented this agenda item. The 5,028-acre Inland Area of the Concord Naval Weapons Station was officially closed by the Base Closure and Realignment Commission in November 2005. The City of Concord, acting as the Local Reuse Authority, initiated a multi-year community planning process culminating into the adoption of a Reuse Plan in 2010. The adopted Reuse Plan provides for housing, commercial retail space, and a new regional park. Approximately 2,540 acres of the former Concord Naval Weapons Station will be conveyed to the Park District.

In 2014, the Navy released a draft Environmental Impact Statement (EIS) for review comment. The Navy is expected to complete a Record of Decision for the EIS and prepare a Finding of Suitability for Transfer for the first phase of property conveyance by the end of 2015. In December 2014, the Park District retained the firm of Placeworks to prepare a Land Use Plan and Environmental Impact Report for the future Concord Hills Regional Park. Mr. Holt gave an overview of the planning process and project timeline. The first public outreach meeting was held in July 2015. Additional public meetings will be held as the planning process moves forward.

Robert Doyle, General Manager, commented that the park will be larger than Tilden Regional Park. There are a lot of challenges, and staff is working cooperatively with key public partners to address those challenges. Director Ayn Wieskamp inquired about the Park District’s

107

relationship with the City of Concord. Director Doug Siden asked staff for information about Port Chicago memorial. Mr. Holt responded that the Park District is working closely with National Park Service to build a visitor center.

Recommendation: None. This is an informational item.

2. Update on VFA Asset Management Software System

Jeff Rasmussen, Assistant Finance Officer, presented this agenda item. In 2014, the Board approved a pilot study of the VFA Asset Management Software system, which establishes an inventory of existing assets and an assessment of their age, condition, and cost of replacement. The system then provides data to develop an estimate of the financial liability posed by the Park District by the aging infrastructure. VFA consultants have undertaken an assessment of existing infrastructure at Tilden, Coyote Hills, Anthony Chabot, and Lake Chabot. James Streeter from VFA presented a PowerPoint presentation of the pilot study findings.

Staff is requesting the continuation of the project for another four years. A tentative schedule of the parks to be assessed over the next four years is shown in Table 2 of the staff report. Robert Doyle, General Manager, commented that this software program will provide staff with data to assess and prioritize projects. The data will assist in making decisions on how to address the existing capital renewal needs. Dave Collins, Assistant General Manager, noted that the program will provide needed data and information about Park District facilities, and that maintenance of facilities should be a policy decision.

Recommendation: By motion of Director Doug Siden and seconded by Director Ayn Wieskamp, the Board Executive Committee voted 3-0 to forward a favorable recommendation to the full Board of Directors to approve a four-year contract extension with VFA.

3. Shadow Cliffs Solar Energy Project: Selection of Contractor

Jeff Rasmussen, Assistant Finance Officer, presented this agenda item. After a public bidding process, the Park District received proposals from three vendors for the Shadow Cliffs Solar Energy Project. All three vendors were interviewed in August 2015. Proposals were analyzed for completeness of their proposal, technical data, project costs, qualifications and experience, and aesthetics of the proposed structure. At the conclusion of the interviews, staff and consultant Newcomb-Anderson-McCormick found that Borrego Solar Systems Inc. (Borrego) to be the leading contender, and would like to recommend to the Board the selection of the Borrego as the contractor for this project.

Mr. Rasmussen introduced representatives from Borrego. The company has a lot of experience and expertise, and focuses primarily on commercial solar projects. Director Ayn Wieskamp expressed her concerns about the aesthetic of the project. Staff noted that an outside designer/architect will be hired to work with staff and the Board to determine the best aesthetic option. Staff will bring the final design back to the Board Executive Committee for review and comment before moving ahead with the project.

108 Recommendation: By motion of Director Ayn Wieskamp and seconded by Director Doug Siden, the Board Executive Committee voted 3-0 to forward a favorable recommendation to the full Board of Directors to 1) approve the selection of Borrego as the winning vendor the project; 2) authorize staff to negotiate with Borrego on contract terms; and 3) authorize staff to bring the contract to the full Board of Directors for review and approval.

4. Public Comment

None.

5. Board Comments

None.

The meeting was adjourned at 2:05 p.m.

Respectfully submitted,

Becky K. Pheng

109

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110 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, November 3, 2015

C. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

b. Natural and Cultural Resources Committee (08/19/15) (Nisbet/Lane)

Committee Members: Beverly Lane, Whitney Dotson, Diane Burgis

EBRPD Staff: Bob Nisbet, Matt Graul, Dave Riensche, Hal MacLean, Bev Ortiz, Anne Kassebaum

Guests: Marty Morrow, Bill Croggins, Dionisio Rosario, Steve Wiley, Judi Banks

A meeting of the Board Natural and Cultural Resources Committee was held on Wednesday, August 19, 2015 at District Headquarters, 2950 Peralta Oaks Court, Oakland, CA. Chairperson Beverly Lane called the meeting to order at 12:40 p.m. The following is a summary of the items discussed:

1. Brief Overview of District Comments Regarding the SFPUC’s Little Yosemite Fish Passage Project (Graul)

Chief of Stewardship, Matt Graul provided a brief overview of the District’s comments regarding the SFPUC’s proposed Little Yosemite Fish Passage Project per a request from Board member Ayn Wieskamp. The District’s concern is that since frogs have survived with the natural rock barrier in place, once it is modified there is a chance it may affect species such as the foothill yellow legged and red legged frogs. The District’s biological survey data shows that these sensitive species are present and that steelhead trout are not present at the barrier site or in the stream reaches in the vicinity of the barrier. If the barrier is modified to create fish passage, there could be an increase in predation by the non-native bull frogs downstream of the existing red and yellow legged frog population. A telemetry study in 2007 on red legged frogs demonstrated that the relocation proposed by the SFPUC could potentially impact their habitat. The Sierra Club and Alameda Creek Alliance also have concerns with the project as proposed. The public hearing for the project has been delayed. Other problems related to this project would be the impact of increased recreational use.

111

2. Cultural Services Coordinator Update (Ortiz)

Cultural Services Coordinator, Beverly Ortiz provided a brief informational update of projects undertaken since the previous committee meeting. Chairperson Beverly Lane asked when the Native Peoples Map will be available. Ms. Ortiz said Ira Bletz will determine when it will move forward. Ms. Ortiz provided Directors Burgis, Dotson, and Lane with copies of the Second Edition of the Ohlone Curriculum with Bay Miwok Content and Introduction to Delta Yokuts.

3. Blue-Green Algae Update in District Lakes (MacLean)

Water Management Supervisor, Hal MacLean, updated the Committee on the status of cyanobacteria/blue-green algae blooms in the District’s lakes. Over the past year, the District has had a number of cyanobacteria blooms that contain a toxic component. The presence of this toxin has closed Lake Temescal and Quarry Lakes to swimming. It is currently unknown why cyanobacteria produce toxins. There are several potential strategies to combat cyanobacteria blooms, though all treatments will require a significant investment of District financial resources and none are guaranteed to work. The Water Management and IPM Departments are working together to develop an effective strategy for managing and treating these blooms in the District’s lakes. Hal discussed the challenges for developing control methods and gave updates on the ongoing efforts to develop treatments to combat this formidable foe.

4. California Least Tern Reproductive Success and California Gull Predator Management (Riensche)

Wildlife Resource Analyst, David Riensche, reported that gull predation is known to be an important source of egg and chick mortality for many waterbirds and can impact recovery efforts for special status species. From 2005 to 2014, the nesting success of a newly established California least tern (Sternula antillarum brownii) colony at Hayward Regional Shoreline in San Francisco Bay and the effects of implementing a California Gull (Larus californicus) predator control program was studied. No gull management was undertaken prior to 2007. The effectiveness of gull management and removal by monitoring tern hatching and fledgling success annually was evaluated. California Gulls were the most abundant aerial predators (96%). Recorded were 4,788 predatory gull-tern interactions and the presumptive take of 47 tern eggs and 21 chicks. Although there was no significant change in gull predatory behavior statistically, gull management efforts resulted in significantly improved tern breeding success (numbers of nests, eggs, chicks, and fledglings). From 2007 to 2014, this colony produced a total of 543 successful nests and 653 fledglings, an average nesting density of 196 nests per hectare, and an average of 1.05 fledglings per breeding pair. The District’s California Least Tern Colony is the second-largest colony north of Ventura County. Based on a California Department of Fish & Wildlife Annual Report, the District’s colony ranks in the top six sites in the state, each annually producing 90 or more fledglings, and contributing to nearly 70% of California’s annual Least Tern production!

112 5. Public Comments

Assistant General Manager, Bob Nisbet requested that the minutes from the last meeting be amended to reflect Public Member Kelly Abreu stating that the time capsule buried at Mission Peak be protected as “cultural,” not “cultural and historical” and that the statement was directed to the Acquisition, Stewardship & Development Division.

Steve Wiley, from Hayward, expressed his concern about Hayward Regional Shoreline and levees being eaten away by erosion. He asked if Measure CC could be used for maintenance of the area? Stewardship Chief, Matt Graul said that Hayward Marsh is being addressed and is another area in the future with Measure WW instead of CC funds. At some point the District will need additional money for the least tern colony maintenance and enhancement, and other restoration projects at Hayward Regional Shoreline.

Chair Lane adjourned the meeting at 2:50 p.m.

113 NEWSCLIPS

114

Weekend Hike: Crockett Hills Regional Park

A view of the Carquinez Bridge and Strait along Sky Trail at Crockett Hills Regional Park. Manny Crisostomo Sacramento Bee file

A view of the Carquinez Bridge and Strait along Sky Trail at Crockett Hills Regional Park. Manny Crisostomo Sacramento Bee file By Sam McManis October 28, 2015 [email protected]

You may have noticed Crockett as you whizzed over the Carquinez Bridge on Interstate 80, hellbent on reaching San Francisco. You know, it’s where that C&H Sugar sign stands. Yeah, that’s Crockett.

What you probably didn’t notice is that there’s a hilly, solitudinous trail awaiting you. It’s Crockett Hills Regional Park, perhaps the least-known gem in the East Bay Regional Park system. It’s open to mountain bikers, hikers with unleashed dogs, runners and equestrians. If not for the whine of freeway traffic in the distance and the curls of steam (one can only hope) coming from the oil refineries in nearby Rodeo, you can roam for hours in peaceful reverie.

Its trails are hilly, of course, but manageable. The views of the Carquinez Strait, San Pablo Bay and the distant peak of Mount Tamalpais are spectacular on sunny days. The ridgetops feature raptors soaring on the thermals; the ravines of Big Valley Trail shaded with oak and

115

home to songbirds; the steep, lush grade before the tunnel under Cummings Skyway populated by deer.

One of the few people you’ll find is Crockett resident and ultrarunner Karen Peterson, 48, who warns to watch for the cows along the way and the divots and deposits they leave in their wake.

Trail length: 7 miles

Directions to trailhead: From Sacramento, take Interstate 80 west over the Carquinez Bridge. Take the first offramp past the bridge, Pomona Street. Go east, under the bridge, through downtown Crockett. Turn right on Crockett Boulevard and travel about a quarter-mile. The trailhead parking lot will be on the right.

Route: From the trailhead, go through the gate and veer right onto the Edwards Loop Trail (on some later signs called “Crockett Ranch Trail”). Go uphill for 0.8 of a mile to the tunnel passing under the Cummings Skyway. Emerging from the tunnel, veer left on the Sky Trail. Take the Sky Trail all the way until it becomes paved at the picnic tables. Make a brief right onto the Big Valley Trail, then an immediate left onto the Sugar City Trail. Follow the trail around a hillside to a three-way intersection. Turn left and go on the Kestrel Loop. Follow the loop around a hillside. At an unmarked trail to the right, stay straight, slightly left, on the Kestrel. After a distinct downhill, look for a signpost. Turn left at the post to stay on the Kestrel Loop. Follow the single-track trail downhill, then around a valley to a three-way intersection. Turn left and climb on the Big Valley Trail back to the picnic tables. Turn left on the Sky Trail and take it to the Soaring Eagle Trail. Turn left and follow the Soaring Eagle single-track back to the tunnel. Retrace your steps on the Edwards Trail to the trailhead.

Sam McManis: 916-321-1145, @SamMcManis

Read more here: http://www.sacbee.com/entertainment/living/health-fitness/Bike- hike/article41626593.html#storylink=cpy

116 Marin names interim parks chief

By Nels Johnson, Marin Independent Journal Posted: 10/27/15

Pat O’Brien, former veteran head of the East Bay Regional Park District, is in line to become head of Marin county parks department. Courtesy of East Bay Regional Park District

Pat O’Brien, former veteran head of the East Bay Regional Park District, is in line to become head of the county parks department.

O’Brien, a Terra Linda resident who retired in 2011, will be interim chief until a permanent replacement for former parks chief Linda Dahl is found, according to County Administrator Matthew Hymel.

A seven-month contract of up to $97,500 for O’Brien will be considered by county supervisors on Nov. 10.

“We’re fortunate given his familiarity with Marin to be able to utilize his expertise in leading the department on an interim basis,” Hymel said. An extended search for Dahl’s replacement is ongoing.

O’Brien, named a “legend in the field” by the American Academy for Park and Recreation Administration in 2009, has served on the Marin Parks and Open Space Commission since last August, and will take a leave of absence from the panel while serving as parks chief.

Ron Miska, the veteran Marin parks official now serving as interim chief, said it will be an honor to work with O’Brien. Miska is retiring Dec. 31 after 27 years.

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Big solar project in Pleasanton to begin in February at Shadow Cliffs park

By Denis Cuff [email protected]

POSTED: 10/27/2015

PLEASANTON -- Construction of a 1.2 megawatt solar project is expected to begin in February at the Shadow Cliffs Regional Recreation Area, regional park officials said.

The East Bay Regional Park Board earlier this month awarded a $6.67 million contract to Borrego Solar Systems Inc. to design and install the solar panels over parking spaces at the recreation area in Pleasanton. Borrego Solar, which has its headquarters in but an office in Oakland, beat out two competitors.

Park officials say the project will generate enough electricity to offset most of the energy use in all regional park district buildings and parks.

Contact Denis Cuff at 925-943-8267. Follow him at .com/deniscuff

118 East Bay park district to expand Alameda's Crown beach

By Peter Hegarty [email protected]

POSTED: 10/26/2015 U

PDATED: 2 DAYS AGO ALAMEDA -- The East Bay Regional Park District says it will purchase surplus federal property on McKay Avenue from the federal government to expand Robert W. Crown Memorial State Beach, a move that follows a citizen's group campaigning to rezone the land as open space.

The park district's board is expected to sign off on the $2,182,500 purchase Nov. 3. Known as Neptune Pointe, the property once housed offices of the U.S. Department of Agriculture and was initially set to be sold to Tim Lewis Communities, a private developer. It planned to construct up to 48 homes on the three-acre parcel.

But last year, the Friends of Crown Beach, a citizen's group, gathered more than 6,000 signatures on a petition calling for the site to be designated as open space, enough to place the issue before voters and prompting the City Council to rezone the site.

"The public's interest prevailed with this agreement," said Doug Siden, the member of the park district's board who represents Alameda. "Much credit goes to the Friends of Crown Beach who worked hard to share the voices of thousands of residents who thought public access to the shoreline was more important than creating a few dozen luxury houses. We are appreciative of their efforts."

The Roseville-based developer bid about $3 million for the property during a General Services Administration auction in 2011. The park district, however, had hoped to acquire the property after voters in Alameda and Contra Costa counties approved Measure WW in November 2008. The measure supported the preservation and expansion of the park district. The auction sale prompted the federal government to launch an eminent domain action against the district and the state of California to seize portions of McKay Avenue, which leads into the beach's Crab Cove Visitor Venter and a parking lot.

The park district and the state Attorney General's office argued such legal action should be reserved for public benefit and not for the benefit of a residential developer.

"The community won with this agreement," said Robert Doyle, the district's general manager. "We promised in 2008 through our Measure WW bond election that we would expand Crab Cove with this valuable land."

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Doyle also said "the district has spent millions of dollars to maintain and improve this treasured public beach and has a long history in the community. We are happy to deliver on our promise to the community and thank the community, as well as the attorney general, for their unwavering support during this lengthy process."

Reach Peter Hegarty at 510-748-1654 or follow him on Twitter.com/Peter_Hegarty.

120 Officials preach safety, preparation on anniversary of 1991 Oakland hills fire

By Mike Blasky [email protected] Posted: 10/19/2015 UPDATED: 10/20/2015 08:19:13 AM PDT

Residents flee Broadway Terrace past a burning home at 5974 Buena Vista Avenue during a huge firestorm in Oakland, Calif. Sunday Oct. 20, 1991. (Karl Mondon/Staff) NOTE: Scans made from negatives in 2011 for 20th anniversary project. ( KARL MONDON )

OAKLAND — Libby Schaaf was at law school in Southern California in 1991 when her father called with sobering news: They'd lost their family home in the devastating Oakland hills fire.

Now the mayor of Oakland, Schaaf on Monday stood on a pavilion in the hills overlooking her city on the 24th anniversary of the blaze, which killed 25 people, destroyed more than 3,000 homes and caused $1.68 billion in property damage in Oakland and Berkeley. She recalled digging through the ashes of her neighborhood, searching for family relics among the melted cars and appliances. The stress and grief stretched on for years as families replaced every spoon, pillow and pot in their home, she said.

The Grand View Ave. neighborhood on Sunday, Oct. 27, 1991 after the Firestorm. (Michael Macor / Oakland Tribune) ( MICHAEL MACOR/ OAKLAND TRIBUNE A )

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Many families rebuilt, but many families left. And new people have moved in that "didn't experience that loss," she said at a news conference at the Gateway Emergency Preparedness Exhibit Center overlooking the Caldecott Tunnel.

"As a fire survivor, I urge each and every resident in the city of Oakland to take seriously that, while we are blessed with living in this beautiful natural setting here in Oakland, it has its dangers," Schaaf said.

Officials said the anniversary should be a reminder to residents to clear properties of brush, branches and trees to create "defensible space" needed to slow a fire from spreading.

Police Chief Sean Whent asked the public to remember the 25 victims of the fire, including Fire Department Battalion Chief James Riley and Oakland police Officer John Grubensky.

The city has taken a progressive approach to clear the city's open spaces and parks, fire Chief Teresa Deloach Reed said.

Still, she said, the city has been "lucky" this year, with small fires that stayed small due to firefighting efforts from officials and residents. The city is also working with agencies such as the East Bay Regional Park District and the city of Berkeley to coordinate efforts.

Robert Doyle, general manager of the park district, said there have been 15 major fires in the East Bay hills since the 1920s, and those hills are now covered with homes "where the forests used to be."

Officials reminded residents to have a getaway plan worked out in advance, in case their is ever a fire. Ken Benson, vice chair of the Oakland Firesafe Council, said residents should have pre- packed bags with food, water and supplies and several backup routes in case of a traffic jam.

Benson, who comes from a family of Southern California firefighters, said residents on narrow streets should park in driveways to avoid blocking emergency crews.

"I was trained that way, but not all of us are," he said.

Robert Doyle, general manager of the East Bay Regional Park District, talks to reporters about the firestorm at a photo of the hills shortly after the fire after the press conference marking the 24th anniversary of the Oakland hills firestorm at the Gateway Emergency Preparedness Exhibit Center on the corner of Tunnel Road and Caldecott Road in the hills of Oakland, Calif., on Monday, Oct. 19, 2015. (Laura A. Oda/Bay Area News Group) ( Laura A. Oda )

Mike Blasky covers Oakland City Hall. Contact him at 510-208-6429. Follow him at Twitter.com/blasky.

122 How the California-wide drought is affecting Berkeley

October 20, 2015 12:00 pm by Mary Flaherty

Camphor trees line many streets in Berkeley, including Sonoma Avenue, here. Planted decades ago, many of the camphors are nearing the end of their natural lifespan, but the drought is dispatching them even more quickly. A camphor at the end of the right row here was removed this summer, as well as two more around the corner. Photo: Mary Flaherty

The brown lawns are the least of it. The effects of the current California-wide drought go deeper than the roots of the grass and will continue several years after lawns turn green again.

Many of the impacts are very evident in Berkeley and the surrounding area. Trees are dying at a higher rate. The creeks are low and might be dry if it weren’t for leaky pipes. And if this winter brings heavy rains, damage to the stressed trees and creek banks could be significant.

One of the most obvious signs of the drought is the early fall color on many trees around town. Tony Wolcott, a master arborist, recently retired as Albany’s Urban Forester, said that the early leaf drop in the fall is a normal reaction to drought.

“It doesn’t mean the tree is dying,” Wolcott said. “It’s not a great thing, but it is a way of surviving,” he said.

But not all the trees will rebound. Wolcott said he’s noticed flowering cherries and flowering plums showing a lot of stress. So are the camphors, which line many streets in Berkeley.

“A lot of the camphors in town are old, but are dying more quickly because of the drought,” he said. Even redwoods are looking stressed, dropping a lot of needles, he said.

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One of several unhealthy Modesto Ash trees on Shattuck Avenue in the Gourmet Ghetto. The trees on the west side of the street near the Cheese Board have been trimmed of dead branches. Photo: Mary Flaherty

Statewide, the U.S. Forest Service has preliminary reports of an estimated more than 20 million recently killed trees, mostly pines, in California. Trees are dying, in large part due to the drought, but often finished off by beetles. That’s far more dead trees than average. The L.A. Times reported that the last time researchers saw large numbers of dying trees was in the drought of 1975- 1979, when an estimated 14 million trees died.

Berkeley has about 35,000 street and median trees, said city spokesman Matthai Chakko. The city is watering only the young, newly planted trees on city property, and not those in front of private properties.

“But if people are concerned about their trees, they should water them,” Chakko said. “Drought restrictions are largely about grass; trees have a much greater value. Even EBMUD will recommend prioritizing what you water – trees.”

The Sacramento Street median has not been getting watered this year per state mandate. The grass died back, and the California buckeyes had dropped most of their leaves by September, which is a normal response to drought. The buckeyes, being natives, ought to recover, but other trees won’t. Photo: Mary Flaherty

Creeks trickling “Codornices Creek is very low compared to previous years and quite warm,” said Susan Schwartz, President of the Friends of Five Creeks. The non-profit volunteer group weeds, plants, and removes trash at creek sites from North Berkeley to Richmond. The creek is warmer, Schwartz said, because it’s moving more slowly and gets heated by the sun. That can be a problem because trout need cool water.

“So far, there are still living rainbow trout/steelheads in the creek,” she said. “These are tough fish. We have our fingers crossed that some will survive in shaded areas.”

Codornices Creek, shown here in Live Oak Park, is very low and might be dry if it weren’t for EBMUD water that makes its way into the creek. Photo: Mary Flaherty

124 That there’s any water left in the creeks is partly, or maybe wholly, due to leaky pipes, sump pumps in basements, occasional water main breaks, and run-off from watering, said both Schwartz and Tim Pine, an environmental specialist, who monitors Strawberry Creek on UC Berkeley land.

“Strawberry Creek is not an entirely natural flow and hasn’t been for decades,” Pine said. “That’s true of many urban creeks.” Pine monitors Strawberry Creek, from the top of the university’s land near Grizzly Peak Boulevard, through the university botanical garden and down to the foot of campus at Oxford Street where the creek goes into a culvert and enters city land.

Even with the influx of EBMUD water, Pine said the creek is the lowest he has seen it in his 15 years on the job. It’s down to less than 1 cubic foot per second he said.

The fish in Strawberry Creek — the three-spined stickleback, California Roach minnows and Sacramento suckers — are “hanging on, but I can’t say they’re thriving,” Pine said.

Both Pine and Schwartz said that recent restoration efforts — planting native vegetation along the creeks – have all been severely affected by the drought. Older, more established restoration projects have done better, Schwartz said.

Jewel Puddle in Tilden Park

Jewel Lake, shown in mid-September, used to come right up to the edge of the trees, with no “beach.” The shrinking of the lake is due, however, less to the drought than to silting in. Photo: Mary Flaherty

Jewel Lake, at the north end of Tilden Park where Wildcat Creek is dammed, has shrunk enormously. However, the drought is not the major culprit.

The majority of the problem has to do with silt, washing in from downstream, said James Wilson, a park naturalist. The lake is 80-90% silted in from its original size and the park district is considering a large- scale engineering project to preserve it, he said.

The exposed edges of the lake have caught a few unsuspecting hikers this summer. Wilson said people have gotten stuck in the mud — and while it might sound funny (stuck in the mud during a drought?), Wilson said it can be scary.

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The uncovered shoreline of Jewel Lake in Tilden Park was a dangerous mud this summer, catching several hikers. One parks employee said wild animals seeking water have gotten trapped and died in mud at lakes in the district. Photo: Mary Flaherty

Lake Anza closed Also, in Tilden, the larger, nearby Lake Anza closed for swimming in mid-September due to a toxic algae, reported on Berkeleyside. According to the park district, the algae blooms in lower water levels and warmer water temperatures.

The lake is now closed for the season (and swimming is still considered unsafe). Dogs should be kept out of the water as well. The same type of algae appears to have killed dogs elsewhere in the Bay Area this year. Lake Temescal and other lakes in the park district also shut this summer due to toxic algae.

For more about the effects of drought on the East Bay Regional Parks see the district’s website.

Silver lining The drought has brought a few benefits. Wolcott said arborists have been seeing less of several tree diseases that have been a problem in the area: anthracnose, powdery mildew and fire blight.

Also, the plant pathogen that causes Sudden Oak Death, has been reduced by the drought, according to the Forest Pathology Lab at UC Berkeley — although it will rebound with rain. Phytophthora ramorum has killed more than 3 million trees in California since it was discovered in the 1990s.

Another plus, Schwartz said, is that some of the invasive plants along the creeks bloomed late, giving the volunteers more time to control them. Troublesome plants like broom and fennel are also spreading less, she said, because they are being eaten (hence pruned) by deer and moths that usually don’t seem to like those plants. “I’m fairly sure it’s because whatever those deer normally eat is not available,” she said.

High School students helped the Friends of Five Creeks remove invasive fennel from the mouth of Schoolhouse Creek in Berkeley in August. Photo: Friends of Five Creeks.

What winter will bring “Historically, when a drought ends, we will see erosion and falling trees and blocked creeks for three to five years,” Schwartz said.

126 Many trees have lost a lot of their small roots. “Some will die, some will slide and fall,” she said. Furthermore, hillsides have lost a lot of vegetation cover and root structure, and will be prone to sliding.

Barry Hecht, a consulting hydrologist and geologist with Balance Hydrologics in Berkeley, said that willows and bay trees growing along streams tend to self-prune and are strong candidates for falling over.

“Stream banks could simply collapse because they’ve lost the strength they usually have from active roots,” Hecht said. “We expect that the amount of sediment moving through the streams is going to be larger following the drought.”

Wolcott added that the drought has made trees very brittle. “When we start getting rain and winds, you’re going to see a lot of branch failures and tree failures. This winter we expect to see a lot of tree damage.”

Pine, at UC Berkeley, said the campus has an El Nino committee working to prevent problems this winter, pruning trees. Pine said he and his colleagues will be watching the culvert at Oxford Street carefully during storms.

What you can do

Bay laurel trees are more susceptible to falling than some trees. Photo: Mary Flaherty

Skip a shower and save a tree! (How Berkeley can you be?) Water your trees now; a slow soaking with no run-off. Wolcott said young trees need about 10 gallons a week, while older trees need more. Water under the tree’s whole canopy, not at the trunk. A deep-watering tool, available at hardware stores, will deliver more water straight to the roots. But even a bucket of gray water from the shower will help. Watering now will also help the soil hold rain later.

Inspect your trees for cracks in the trunk. If you find cracks, consult with an arborist.

Trim compromised branches that could hurt people or damage property if they fell. But don’t be over- zealous; pruning adds stress to the tree and removing foliage reduces the amount of photosynthesizing the tree can do, hampering recovery.

Keep an eye on your trees this winter. If they start leaning, call an arborist.

If you see cracks like this in your trees, consult an arborist. This tree isn’t expected to live. Photo: Mary Flaherty

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Algae warning issued at Oakley's Big Break Regional Shoreline

By Nate Gartrell [email protected] Posted: 10/20/2015: 6 DAYS AGO

OAKLEY -- Blue-green algae has been detected at Big Break Regional Shoreline, prompting the East Bay Regional Park District to issue a warning to folks to stay away from the water there.

Blue-green algae has the potential to become harmful to humans and animals, and when it's found in park area, officials typically respond by blocking off human access. Earlier this year, Oakland's Lake Temescal was temporarily closed down after a bad blue-green algae problem. And while initial tests have indicated that Big Break's blue-green algae is not toxic, "that could change on a dime," EBRPD public information supervisor Carolyn Jones said.

"If it turns toxic we'll definitely let the public know," she said, adding that the warning to the public will remain in place indefinitely.

Officials decided to test for algae after a recent news report of blue-green algae up near Sacramento, Jones said. They also tested the water around the Antioch pier but didn't find any.

Blue-green algae flourishes in drought-like conditions, when water tends to remain warm and stagnant. When El Niño comes around in a couple months, that should help combat the problem, Jones said.

"Assuming we do ever get rain again, that should flush it out," she said.

Contact Nate Gartrell at 925-779-7174 or follow him at Twitter.com/NateGartrell.

128 OCTOBER 16, 2015 Discoveries: Explore the belly of Mount

BY SAM MCMANIS [email protected] ANTIOCH

They call it a portal but, really, it’s more like a gaping maw. The opening’s steel-enforced gates, padlocked, take on an almost predatorlike aspect, a gangster’s grill-work sneering back at you. A dozen of us stood before this threshold, awaiting entrance, staring at the concrete portico bearing the chiseled inscription, “1930,” and trying not to obsess over minute cracks in the foundation.

Our guide for the morning, Mickey Rovere, sought to reassure us – and by us, I mean just me and maybe that wary 8-year-old in the back – of the safety of the Hazel-Atlas Mine, a long-dormant operation that extracted first coal, then silica, from the foothills abutting Mount Diablo. But, in the very act of assurance, in his repeated furrowed-brow recitation of preventive measures and liberal use of the phrase “structural integrity,” Rovere only heightened my anxiety.

“We have modern-day miners in here maintaining these mines every day,” Rovere said. “They are testing the integrity of the rock to ensure that where we’re going to be walking is going to be safe. But it is a state requirement that we keep hard hats on. Remember, this is a real mine. The hard hats should be a reminder that you are definitely underground, OK?”

Gulp. I have a thing – irrational, I know, but so be it – about enclosed spaces. I fear depths, not heights, harbor debilitating entombment fantasies, imagine all sorts of worst-case, buried-alive scenarios, akin to what those 33 Chilean miners faced a few years back. Sure, the opening of the shaft looked secure enough, inviolable even, as we peered in while Rovere fumbled with the padlock and opened the double-steel gates with an eerie creak. Structural integrity, I told myself. Structural integrity. It became a

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mantra, a lullaby to combat the decanted cortisol, that toxic stress hormone, flooding my neural pathways.

No one else appeared the slightest bit fazed, not even the 8-year-old. Their fascination with getting a glimpse of history about a bygone energy-extracting industry, as well as gawking at glittering sandstone rock 50 millions years in the making and fossil remnants from what once was the ocean floor, seemed to override any deep-seated angst. After all, people have been touring the mine at Black Diamond Mines Regional Preserve for two decades, not counting that closure from 2007 to 2012 after storm damage threatened the (wait for it …) structural integrity and necessitated extensive repairs under rigorous mine-safety regulations.

Once inside, donning hard hats and clutching flashlights like life preservers in the pleasant 57-degree coolness, we prepared for a 90-minute trek some 950 feet into the bowels of Diablo’s foothills to observe the geology and learn how, from the late 19th century to the late 1940s, miners blasted into the rock to scrape away first coal and then, when that rich vein ran dry, 1.8 million tons of silica from the sandstone to ship to Oakland for making glass.

But first, Rovere gave us the lay of the inland via a slide show in a room chiseled out from the main shaft. In a feverish 10-minute presentation, the peppy, fast-talking Rovere took us from the early Cenozoic Era when Mount Diablo was ocean floor and through tectonic upheaval and formation of coal deposits. Then he segued into the entrepreneurial forays in which 4 million tons of coal were pounded out by workers, some just kids, for about $3 a day, while risking black lung disease, boiler explosions and spontaneous combustion. Then came the sand-blasting stope days of silica mining, where seven layers of parallel tunnels snaked more than 7 miles, connected by railroad tracks.

By the time he got to the mine’s closure, Rovere, almost as an aside, told us “the reason we became a park,” which did nothing to quell my anxiety.

“These mines produce gases – methane, carbon monoxide, carbon dioxide – and, after the mines closed, a lot of young explorers wandered into them and couldn’t find their way out. These gases were overwhelming. So … (the East Bay Regional Parks District) came in for public safety, sealed off all of these coal mines, using special foam and concrete and opened this one making sure the structural integrity was sound.

“What I like to call this is an 89-year-old sand castle ... except we don’t have a tide that comes in and washes us away. We have state-certified miners who come in and gently

130 tap on these walls and ceilings – we call it scaling – all week long to test the structural integrity. OK, any questions?”

There’s always one in every group, some dolt who holds everyone back from actual exploring with an alarmist question. That person happened to be me. I asked about earthquakes.

“We’re actually going to walk right through a fault,” Rovere said. “In 1989 (the Loma Prieta quake), we had just one rock fall.”

“Oh, that’s nothing,” I said, relieved.

“It was a 700-pound rock, so it wasn’t nothing,” he said. “It came out like a loose tooth right over there.”

He pointed to a spot near the portal, saying, “It crushed all our (equipment). That’s why this area is all reinforced concrete, to protect walls.”

But as we trudged ahead about 30 feet through the tunnel, about 8 feet high and 10 feet wide, the concrete and wood reinforcements ended. We were surrounded by sandstone. I brushed my shoulder against a pillar and sand crumbled down my arm. Such porousness didn’t inspire confidence in, well, the structural integrity of the walls.

Rovere stopped us at a re-creation of a Brass Board, where miners would punch in and the boss could see where in the bowels of the pit they were toiling.

“That boss is responsible for my life as a miner,” Rovere said. “As I mentioned, lots of accidents happen. We’re using dynamite. We’re blowing up rocks.

“That’s our job. Rocks fall – on purpose. They hurt, too. OK, let’s move on.”

Nature’s fault

Over the next 30 minutes, Rovere showed us all aspect of sand-mining operations: the cavernous stopes where miners toiled; chutes where rock traveled on its downward tumble to the rail carts; ominous-looking machines called muckers made to clear the rubble with a catapultlike lever; pipes used to carry water to keep the dust down after blasts; holes left by 6-foot drill bits from pneumatic augers; holes left by “prehistoric burrowing ghost shrimp” in walls that formerly were the ocean floor; the office where the pit boss kept an eye on the number of carts chugging by.

“Our job here was simple,” said Rovere, who had sort of internalized the experience and deputized us as fellow miners, a tad unsettling for a guy who’s only had desk jobs. “We had to haul out as much … earth as we possibly could without letting the hillside

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collapse. We had to leave behind these large structural pillars to keep the integrity of the hillside.”

We shuffled on, following the rail tracks deeper in, the space lit by bare bulbs. Rovere had us shine our flashlights on a large bulge of white silica sandstone, “95 percent pure silica oxide,” and the light reflected back at us, delighting the 8-year-old in the back.

I thought it was pretty cool, too, and felt my anxiety quell a bit.

“When that silica oxide is melted down with soda ash and limestone,” Rovere explained, “you’ve got the clearest glass available in that era – Depression glass, 1924 to ’46. Made a lot of Mason jars for California produce.”

But when Rovere led us to an archway, whose stone was a darker shade of brown, veined with white, his voice fell to a deeper register.

“This,” he said, “is that ancient fault line I talked about. The Hazel-Atlas Fault. You are underground looking at the actual fault. This is a slip fault. The side of the hill you’re standing on snapped and slid down, changing the type of rock to epsonite, which you couldn’t mine for glass. Geologists came in and found where the white silica had gone to. See how the rail tracks curve right here? They had to change direction to keep mining, the earthquake fault displaced it that much. Don’t worry, this is really solid rock.”

About 900 feet in, almost to the end – or, more accurate to say, the end of the part of the tunnel that East Bay Regional Park District workers deem safe to traverse – Rovere had us stop and peer down over a bridge to utter blackness hundreds of feet below. We shined our flashlights into the chasm and could make out a few jagged rock outcroppings.

“We’re at the second level, looking down at the first level,” he said. “There are seven floors of mines here, one on top of the other.”

When we reached the end, but before we turned back to retrace out steps, Rovere instructed us to tilt our heads upward and take in the sandstone ceiling, pockmarked with square steel stabilizers.

“Think of these (sandstone) pillars left behind by the miners as broken bones in need of surgical pins,” he said. “Each one of these pillars holds back 300,000 tons of pressure in the hillside above our heads right now. OK?”

I got the feeling Rovere had sensed my fear – or maybe saw me excreting sweat from every pore – and was just being overly dramatic to goad me into shaking like a chihuahua.

132 “Yeah, so there’s 600 feet of solid rock above us,” he continued. “That’s why you’re wearing the helmets.”

I picked up my pace on the way back to glorious daylight, pausing only to look at a sign near the portal stating, “Safety is Your Responsibility.” Later, as often is the case with me, I felt a bit ridiculous for being so jumpy. I was never in any danger, the hard hat and the verbal warnings merely part of the entertaining tour, right?

Two days later, when I returned to the office to write this story, I Googled the mine, and this headline from the Contra Costa Times, dated June 9, 2015, popped up: “Worker injured by falling boulder at Black Diamond Mines.”

Sam McManis: 916-321-1145, [email protected], @SamMcManis

HAZEL-ATLAS MINE TOUR

Where: Black Diamond Mines Regional Preserve, 5175 Somersville Road, Antioch

Hours: Visitors center open 10 a.m. to 4:30 p.m. on weekends from March through November; mine tours require reservations; call (510) 544-2750

Cost: Tours are $5; parking is $5

More information: ebparks.org/parks/blackdiamond

Read more here: http://www.sacbee.com/entertainment/living/travel/sam- mcmanis/article39304878.html#storylink=cpy

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Ghoulishly grand ride on Haunted Railroad

Submitted By Andrew J.L. Cary October 13, 2015

Ghosts, goblins, pirates, the Chance Gang, and the famous Witch of Ardenwood will once again be haunting the woods at Ardenwood Historic Farm in Fremont. Climb aboard the Haunted Railroad for a fun ride through the dark forests of Ardenwood. The entire family will enjoy the ghoulishly grand ride to nowhere and back on the haunted rails of the Ghost Train.

The Haunted Railroad is a spooky train ride that will appeal to children 12 years of age and under. Billy Bones says it best, The Haunted Railroad was designed so that families can have a nighttime adventure appropriate for younger childrenÑno gore and no scary masks. We want children of all ages to have fun on the Haunted Railroad!

Dates of operation are on two weekends: Friday, Saturday, and Sunday nights, October 16, 17, 18 and 23, 24, and 25. Trains will depart every 30 minutes beginning at 7 p.m. with the last train departing at 9:30 p.m. (On Sundays the last train departs at 9 p.m.). All children must be accompanied by an adult, and for safety reasons, each child under three must be accompanied by a separate adult. Costumes are OK, but no face masks on adults please. Riders must be able to sit on a bench seat while on the train.

The train is operated by the Society for the Preservation of Carter Railroad Resources (SPCRR) in association with East Bay Regional Park District. This event is one of the main fundraisers for the all- volunteer, non-profit SPCRR, which operates The Railroad Museum at Ardenwood. SPCRR restores and operates oneÐof-a-kind historic railroad carsÑmany built in Newark by Carter Bros. in the 19th century.

Tickets are now available online for a small handling fee at www.spcrr.org (select Haunted Train Tickets from the menu). Tickets are also available at the gate beginning at 4:30 p.m. on dates the Haunted Railroad operates. You can also purchase tickets at the gate for a later time or a different date. Some trains sell out early, so everyone is encouraged to purchase tickets in advance. (Half of the tickets for each train are sold online, and the other half are sold at the gate.)

Prices are $6 for ages 13 and older, and $4 for children 3 through 12 years old (children under three are free if they sit on someoneÕs lap). Cash, checks, or Visa are accepted at the gate. Groups of 10 or more may make reservations by calling (866) 417-7277; please leave a message and someone will get back to you.

The Haunted Railroad Friday, Oct 16 Ð Sunday, Oct 25 7:00 p.m. Ð 9:30 p.m. (Last train is at 9 p.m. on Sundays)

134 New Oakland Park to be a Giant Wooden Deck A proposed shoreline park in Oakland includes a giant wooden deck, two football fields in length, and little else — and advocates fear the lack of greenery and inviting features could doom the site to failure.

By Sam Levin @SamTLevin October 13, 2015

Signature Development Group Waterfront advocates have requested that the Brooklyn Basin proposal for Shoreline Park include more greenery and other features that would make the site a destination for Oakland residents.

Just southeast of Lake Merritt, pedestrians and cyclists who cross over the Union Pacific Railroad tracks and under the Interstate 880 freeway reach a mostly vacant plot of land along the Oakland Estuary. The waterfront site — which people can only access via Embarcadero Street in the Jack London district or 5th Avenue by Laney College — is the future home of Brooklyn Basin, a massive mixed-use development project now under construction. The 64-acre project by Signature Development Group is slated to include 3,100 units of housing and 200,000 square feet of retail and commercial space. For civic groups that have followed the project for years, one of the most anticipated features of the plan is the proposed revitalization of the waterfront through a series of public parks along the shore.

The first park slated for construction is Shoreline Park at Embarcadero Street near 9th Avenue on a site that currently houses the historic Ninth Avenue Terminal. The public currently has little access to this area, and the project presents a rare opportunity to build

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and expand waterfront parkland not far from downtown Oakland. But if Shoreline Park moves forward with its current design plans, activists fear few people will visit. That's because, according to the latest drawings from Signature Development, the park's main feature is a giant wooden platform the size of roughly two football fields — and little else. In advance of an October 21 vote on the park proposal by the Oakland Planning Commission, activists have been pressuring city officials and Signature to revise and improve the design, and to create a park that will have enough greenery and attractions to make it a destination for Oaklanders and visitors.

"The platform is boring, uninteresting, uninviting, and unimaginative," said John Sutter, an East Bay Regional Park District board member whose district includes Brooklyn Basin. "We can do a lot better."

Signature Development Group

The waterfront park will offer views of San Francisco.

Waterfront activists have long advocated for the massive mixed-use development to include features that will benefit the broader public, including high-quality parks and a local marsh restoration (see "An Environmental Setback at Brooklyn Basin," 11/5/14). The Brooklyn Basin project — which was previously called "Oak to Ninth" and gained initial city approvals in 2006 — has faced numerous legal challenges from citizens over the years. That includes a lawsuit by preservationists who attempted to block the demolition of the Ninth Avenue Terminal, a cargo shipping facility constructed in 1930. After that challenge failed, the developer moved forward with plans to demolish most of the terminal building and construct in its place a roughly ten-acre park.

Shoreline Park is the first of five adjacent parks that Brooklyn Basin will bring to the waterfront, and Signature Development aims to break ground in spring 2016, according to company vice president, Patrick Van Ness. But because the park will be the first that is fully designed and constructed, activists said it was critical that the developer includes features that are proven to draw the public — especially considering its relatively remote

136 location. "As a new park, it really needs to be special — one that establishes a standard and immediately attracts people," said James Vann, a representative of the Coalition of Advocates for Lake Merritt, which has requested that the developer add a number of features to the proposal.

According to a 39-page design proposal that Van Ness shared with me last week, the park's main attraction will be a "central plaza" that will function as a "civic gathering place that recalls [the site's] maritime heritage and creates opportunities for a variety of activities." The proposal states that the park's main wooden "deck" — which will be roughly 600 feet long and will include recycled materials from the terminal building — is one way that the park will honor the maritime history of the location. Although Signature's renderings show this platform crowded with people, activists said it is unlikely that Oaklanders will regularly visit if the deck is the main draw — especially if it lacks any creative structures that provide protection from the sun and wind.

"Are we making another invisible, unusable park?" said Naomi Schiff, a member of the board of directors of the Oakland Heritage Alliance. Schiff — one of the advocates who had fought unsuccessfully for the preservation of the terminal — argued that the freeway and the large new housing development could make it difficult for many Oaklanders to even realize that the new park is there. What's more, Schiff noted, earlier design plans from Signature had implied that this park would include significant greenery such as grass or turf, which makes the lack of a traditional park landscape all the more frustrating.

"Two football fields of rough wood flooring? That's not a park like anything I know," said Vann. Vann, Schiff, and Sutter wrote a lengthy letter to numerous city departments and commissions last week requesting that officials push Signature to enhance the project before granting final approvals. The advocates have also suggested that Signature conduct more extensive outreach about its plans given that the public has had little opportunity to review and comment on the latest designs.

In their letter, the activists requested that the city require Signature to add "shade protection" and benches and picnic tables to the plaza, so that people will want to spend time there. They also requested the addition of "wind-protected areas," which they argued would be a basic amenity for this kind of waterfront park. The letter further cited a range of additional features that could make the park a more vibrant public space, including turf or grass areas, more trees, a fishing pier, historical monuments, and a visible canopy-type entryway.

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In an interview, Van Ness said Signature has made some modifications in response to the activists' requests, including adding portable umbrella structures that the park could use on sunny days. But because Signature is building the park on top of a concrete deck above water, the site would require too much soil to sustainably build and maintain a grass lawn, he said. He further argued that, given the windy shoreline location, he doesn't believe it's possible for structures to provide wind protection without interfering with views of the water.

Sign at ure Development Group

Developers of the park anticipate that the wooden deck will make for an appropriate space for yoga.

Van Ness also noted that the project is on land that is in the "public trust," which means the State Lands Commission has jurisdiction over the park and prohibits the construction of certain kinds of features, such as basketball courts or children's playgrounds. The future parks of Brooklyn Basin — which Signature will build to the northwest of Shoreline Park, closer to Jack London Square — will also have more opportunities for greenery, he said. "The vision is as you go along the estuary ... you'll have a variety of experiences," he said, noting that Shoreline Park will feel more industrial, while the other parks will have more natural landscapes.

Brooklyn Basin's private maintenance company — which residents' property taxes will fund to cover some park services — could also provide support for future events that would draw crowds to the area, according to Van Ness. He cited a kite festival, farmers' market, and food-truck events as examples of potential future programming for Shoreline Park. "This would be a large gathering place where people can come on the waterfront," he said.

Representatives from the city's planning department did not respond to requests for comment.

138 Chris Pattillo, planning commission member and principal with local architecture firm PGAdesign, said that even if the park works well for large events that happen a few times a year, it should be built in a way that encourages consistent use. "It's going to be a huge, vast somewhat undifferentiated space. How do they program that space to make it feel comfortable when there are twenty people there?" she said, adding, "My overall reaction to the design is that it feels dated — kind of old-fashioned. It doesn't excite me. But it's such an exciting piece of property, and it's going to set the stage for everything that follows."

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Concord: Independent review of weapons station lobbying claims

By Lisa P. White [email protected] POSTED: 10/13/2015 | UPDATED: 14 DAYS AGO

An aerial photograph shows the shuttered Concord Naval Weapons Station on Sept. 15, 2009. (Karl Mondon/Bay Area News Group)

CONCORD -- The city's dream to transform the Concord Naval Weapons Station into a massive housing and commercial development had already hit a few bumps before City Attorney Mark Coon's apparent suicide last week as he was completing a critical report on allegations of improper lobbying by a firm seeking the coveted contract.

Now, the multimillion dollar project is on indefinite hold while his stunned colleagues scramble to find his replacement and pursue an independent investigation into the lobbying claims.

Just days before the City Council was scheduled to discuss selecting a developer, Catellus Development Corp. demanded that Concord investigate whether Lennar Urban and its associates had lobbied council members in violation of the negotiating agreement both firms signed in May.

The allegations included possible meetings with former San Francisco Mayor Willie Brown, a principal at an investment fund that does business with Lennar, as well as campaign contributions to Mayor Tim Grayson's state Assembly campaign. Catellus also questioned

140 whether lobbying of city officials played a role in the decision not to recommend a preferred master developer, as expected.

The Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base. The Navy is expected to begin transferring property early next year.

Coon died last week after apparently jumping from the third floor of a downtown Walnut Creek parking garage. Although several of his friends said that Coon's job was incredibly stressful, they said they don't believe that was enough to drive him to consider suicide.

At the time of his death, he was due to release the results of his investigation. It's not known whether he finished his report, but that investigation will now be entrusted to someone outside City Hall, and will likely further delay a process that just weeks ago appeared on track to soon reach a major milestone: the council's selection of a lead developer for the project's first phase. "It is in council's interest, as well as in staff's interest, to make sure that all the facts get out and we remain transparent and keep the integrity of the process intact, just as we have from the very beginning," Mayor Tim Grayson said.

On Tuesday, City Manager Valerie Barone said the first priority is hiring an interim city attorney to replace Coon. Once that person is on board, the city will hire an independent third party to conduct the investigation.

"That is as though any of the initial work (Coon) did doesn't exist because somebody will have to start from scratch, do their interviews, figure out what questions to ask, and we will be pursuing that," said Barone, adding that there is no time frame yet.

Catellus President Ted Antenucci, who welcomed news of the investigation, said he is willing to wait for answers.

"If it takes two months for them to provide transparency for everybody, I think that's great," Antenucci said. "We appreciate the city taking the time and effort to look into it and make sure we all understand what happened."

Lennar, which has strongly denied any wrongdoing, will cooperate with the investigation, spokesman David Satterfield said. Company executives understand that the city needs time to figure out how it will proceed, and they do not believe the delay will affect the firm's proposal, he added.

All five council members have said Lennar did not lobby them. However, Grayson returned $16,800 in contributions to his state Assembly campaign made by companies or individuals associated with the company. Grayson also sought political advice from Brown.

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Before the announcement at Tuesday's council meeting, Concord resident Hope Johnson called for an independent investigation of the lobbying allegations and a public hearing into why staff failed to specify which of the two developers they preferred.

"I think you guys need to take responsibility for what is going on," Johnson said.

Barone has said she made the decision to break with protocol and leave a recommendation out of the staff report because both Catellus and Lennar are highly qualified, and the report describes the differences between the two proposals.

The Sept. 29 staff report was removed inadvertently from the Concord website after the meeting was canceled, but the city was working Wednesday to repost it on the reuse project website along with Catellus' letter and other documents, said Guy Bjerke, director of community reuse planning.

Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011. Follow her at Twitter.com/lisa_p_white.

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Concord: Independent review of weapons station lobbying claims

By Lisa P. White [email protected]

POSTED: 10/13/2015 11:08:23 PM PDT3 COMMENTS | UPDATED: 14 DAYS AGO

An aerial photograph shows the shuttered Concord Naval Weapons Station on Sept. 15, 2009. (Karl Mondon/Bay Area News Group)

CONCORD -- The city's dream to transform the Concord Naval Weapons Station into a massive housing and commercial development had already hit a few bumps before City Attorney Mark Coon's apparent suicide last week as he was completing a critical report on allegations of improper lobbying by a firm seeking the coveted contract.

Now, the multimillion dollar project is on indefinite hold while his stunned colleagues scramble to find his replacement and pursue an independent investigation into the lobbying claims.

Just days before the City Council was scheduled to discuss selecting a developer, Catellus Development Corp. demanded that Concord investigate whether Lennar Urban and its associates had lobbied council members in violation of the negotiating agreement both firms signed in May.

The allegations included possible meetings with former San Francisco Mayor Willie Brown, a principal at an investment fund that does business with Lennar, as well as campaign contributions to Mayor Tim Grayson's state Assembly campaign. Catellus also

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questioned whether lobbying of city officials played a role in the decision not to recommend a preferred master developer, as expected.

The Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base. The Navy is expected to begin transferring property early next year.

Coon died last week after apparently jumping from the third floor of a downtown Walnut Creek parking garage. Although several of his friends said that Coon's job was incredibly stressful, they said they don't believe that was enough to drive him to consider suicide.

At the time of his death, he was due to release the results of his investigation. It's not known whether he finished his report, but that investigation will now be entrusted to someone outside City Hall, and will likely further delay a process that just weeks ago appeared on track to soon reach a major milestone: the council's selection of a lead developer for the project's first phase. "It is in council's interest, as well as in staff's interest, to make sure that all the facts get out and we remain transparent and keep the integrity of the process intact, just as we have from the very beginning," Mayor Tim Grayson said.

On Tuesday, City Manager Valerie Barone said the first priority is hiring an interim city attorney to replace Coon. Once that person is on board, the city will hire an independent third party to conduct the investigation.

"That is as though any of the initial work (Coon) did doesn't exist because somebody will have to start from scratch, do their interviews, figure out what questions to ask, and we will be pursuing that," said Barone, adding that there is no time frame yet.

Catellus President Ted Antenucci, who welcomed news of the investigation, said he is willing to wait for answers.

"If it takes two months for them to provide transparency for everybody, I think that's great," Antenucci said. "We appreciate the city taking the time and effort to look into it and make sure we all understand what happened."

Lennar, which has strongly denied any wrongdoing, will cooperate with the investigation, spokesman David Satterfield said. Company executives understand that the city needs time to figure out how it will proceed, and they do not believe the delay will affect the firm's proposal, he added.

144 All five council members have said Lennar did not lobby them. However, Grayson returned $16,800 in contributions to his state Assembly campaign made by companies or individuals associated with the company. Grayson also sought political advice from Brown.

Before the announcement at Tuesday's council meeting, Concord resident Hope Johnson called for an independent investigation of the lobbying allegations and a public hearing into why staff failed to specify which of the two developers they preferred.

"I think you guys need to take responsibility for what is going on," Johnson said.

Barone has said she made the decision to break with protocol and leave a recommendation out of the staff report because both Catellus and Lennar are highly qualified, and the report describes the differences between the two proposals.

The Sept. 29 staff report was removed inadvertently from the Concord website after the meeting was canceled, but the city was working Wednesday to repost it on the reuse project website along with Catellus' letter and other documents, said Guy Bjerke, director of community reuse planning.

Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011. Follow her at Twitter.com/lisa_p_white.

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Richmond: Point Isabel to close a day for pavement repair

By Karina Ioffee [email protected] POSTED: 10/12/2015 01:14:47 PM PDTUPD ATED: 16 DAYS AGO

RICHMOND -- The Point Isabel Regional Shoreline will be closed from 5 a.m. to 10 p.m. Oct. 27 while crews perform slurry-seal repair work on the paved trails.

No entry into the popular dog park will be allowed from either the Isabel Street side or the Rydin Road side. The Marina Bay-to-Point Isabel trail from the bridge at Meeker Slough to the end of Rydin Road will also be closed. There will be no access to North Point Isabel and the trail from the end of Central Avenue to Isabel Street will also be closed.

The project is being funded by Measure J, a half-cent sales tax that funds transportation projects in Contra Costa County. Bay Upcoming trail work is also planned for Pinole Shores/Hercules and the Wildcat Creek Trail.

Contact Karina Ioffee at 510-262-2726 or [email protected]. Follow her at Twitter.com/kioffee

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Fall Activities in East Bay Parks

By postnewsgroup Posted October 11, 2015 7:05 pm By Ned MacKay

Autumn is an active time in the East Bay Regional Parks. The cooler weather makes for pleasant hiking and riding, and the park district naturalists schedule lots of programs highlighting seasonal beauties.

For instance, visitors will enjoy a cornucopia of autumnal activities

Photo Courtesy of East Bay Regional Park District during the annual harvest festival at Ardenwood Historic Farm in Fremont, set for 10 a.m. to 5 p.m. on both Saturday and Sunday, Oct. 10 and 11.

You can walk through a five-acre field looking for Indian corn and popcorn and take home a share of what you harvest (bring your own bag). Other attractions will include magic shows, cider pressing, old-time music and historic craft demonstrations.

Ardenwood’s train will be on track, the pumpkin patch will be open, and docents will lead tours of the park’s historic Patterson House.

Ardenwood recreates life on a 19th century farming estate. It’s located at 34600 Ardenwood Blvd., just north of Highway 84.

Fee for the harvest festival is $10 for adults, $8 for seniors 62 and older, $6 for children ages 4 through 17, and free for kids aged 3 and under. Parking is free. For information, call 510-544-2797.

Family Fun Hour is a series of free programs from 2 p.m. to 3 p.m. every Saturday and Sunday at Coyote Hills Regional Park in Fremont, designed for children ages five and older with their parents participating. The programs feature stories and games for the entire family. Meet at the visitor center.

Bird migration will be the topic on Saturday, Oct. 10, and the nectar garden will be featured on Oct. 11.

Coyote Hills is at 8000 Patterson Ranch Road off Paseo Padre Parkway. There’s a parking fee of $5 per vehicle.

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Multiple agencies cooperate to rescue hiker

By Joelle Burnette Published: October 11, 2015, 6:53 am

CONTRA COSTA CO. (BCN) — Multiple agencies cooperated to rescue a hiker suffering from a medical emergency in Round Valley Regional Preserve Friday, according to officials with the Contra Costa County Fire Protection District.

A Contra Costa County sheriff’s helicopter responded at 12:11 p.m. to a remote trail near the Los Vaqueros Reservoir and Watershed in unincorporated Contra Costa County, fire officials said.

Two Cal Fire fire engines located the hiker via a fire road and coordinated the helicopter’s response, as the road was too steep for a ground ambulance, according to fire officials.

The helicopter deployed a tactical flight officer and paramedic who assessed the hiker’s condition while the helicopter hovered close to the ground, fire officials said. The crew determined a short haul rescue was the best way to get the hiker to safety, according to fire officials.

Rescuers secured the hiker in a rescue litter and transported the victim to an ambulance near the park’s entrance, fire officials said.

Paramedics took the hiker to Sutter Delta Medical Center for treatment, according to fire officials.

Employees of the Contra Costa Water District also helped with the rescue, fire officials said.

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Oct 2 letters to the editor

Letters to the editor, Oakland Tribune © 2015 Bay Area News Group

POSTED: 10/05/2015 Doing all we can do to stop algae in lake

This is regarding the Sept. 24 letter "EBRPD should not give up on Lake Temescal."

Our district has made the health of Lake Temescal a priority since toxic blue-green algae was first detected in 2014.

Our staff monitors and tests water samples from the lake at least weekly and continually researches treatment plans. We've treated the lake and creek areas seven times with Pac- 27, an algaecide, which has greatly reduced the algae.

We considered treating the algae with alum but ruled it out because of its uncertain effectiveness. Dredging has proved effective at removing algae blooms and we plan to dredge the lake's inlets in the coming weeks.

We've currently set aside money to purchase an aeration system, which would increase the water circulation at Lake Temescal, improve the overall water quality and ideally reduce algae blooms in the future.

Toxic algae blooms are occurring at lakes and rivers throughout the U.S., and we are not alone in trying to tackle this problem.

We apologize to the public for this inconvenience and we're deeply grateful for the public's support and patience as we address this issue. We're hopeful that this beautiful and well- loved lake will reopen soon.

Our website, www.ebparks.org, has regular updates.

John Sutter Director, Ward 2 East Bay Regional Park District Board

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Coyote Hills: Birding Hotspot September 9, 2015 Posted by GGAS in Birding, Birding Hotspots

Coyote Hills / Photo courtesy of East Bay Regional Park District

By Pamela Llewellyn

When people visit from out of town and ask, “Where’s the best place to go birding?” I always have to pause and collect my thoughts. San Francisco Bay is one of the richest and most diverse places to bird along the California coast — one of the major foraging, resting, and over-wintering spots along the Pacific Flyway.

Coyote Hills Regional Park in Fremont is one of my all-time favorite East Bay birding locations, due to the variety of habitats supporting diverse groups of both flora and fauna. But it also has a rich cultural history.

The East Bay’s original inhabitants were ancestors of the Ohlone Indians, hunters and gatherers whose skills enabled them to live well off the land’s natural ounty. At that time Tule elk, California Condors, sea otters, and fish were abundant. Some of the rich wetlands that sustained them are preserved at Coyote Hills, along with 2,000-year old Tuibun Ohlone Indian shellmound sites.

The park’s varied history also includes Mission and settler ranching and farming activities, salt production, a duck hunting club, a dairy, rock quarrying, a military NIKE missile site, and a biosonar research facility. Coyote Hills Regional Park was

150 dedicated to public use in 1967 and is presently comprised of nearly 978 acres of open space.

There is not a dull time of year to bird at Coyote Hills: Each season offers a unique glimpse into the life of birds.

Spring in Coyote Hills is a very busy time of year. Upon entering the park, the road passes through grasslands and marsh where Northern Harriers (formerly known as Marsh Hawks) soar over the reeds in search of food, or do roller-coaster loops and food hand-offs mid-air air to impress a potential mate.

Coyote Hills in the spring / Photo by Ilana DeBare

Coyote Hills during a spring sunset / Photo by Jerry Ting (East Bay Regional Park District)

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Pied-billed Grebe at Coyote Hills / Photo by Pamela Llewellyn

Marsh Wrens chatter their staccato song out in the marshes, while Bewick’s Wrens sing melodiously from branches up on the hillside. If you park at the Visitor Center and walk up to Hoot Hollow, you might catch a glimpse of the resident Great-horned Owl family with their newly fledged young. Or if you walk out further into the marshes you may hear the lovely Common Yellowthroats, perched in among the reeds, singing to define territory for their families.

The park has installed somewhere between 20 and 30 nest boxes that have attracted Tree Swallows. Every spring the boxes are fully occupied. This is a great way to observe nesting birds without disturbing them. The boxes themselves are on the edge of the D.U.S.T. trail and the swallows appear to have adapted to human on-lookers. In the channel to the south of D.U.S.T trail, Pied- billed Grebes, American Coots and Common Gallinules are all busy building nests, incubating eggs and feeding young.

152 Juvenile Tree Swallows at Coyote Hills / Photo by Pamela Llewellyn

Tree Swallow feeding a juvenile / Photo by Pamela Llewellyn

As the summer months wear on, the young birds fledge and grow up. There are always a few late clutches and lingering fledglings. But then the flurry of the breeding season comes to a close, and the ponds begin to fill up with an entirely new set of feathers.

The first Dowitchers appear along with small flocks of Western and Least Sandpipers. Sandpipers and other shorebirds start to arrive from their northern breeding grounds as early as June, with many of them still wearing their colorful breeding plumage. American Avocets and Black-necked Stilts are resident species that breed in Coyote Hills, and are often seen with small fluffy offspring in tow.

As fall sets in, the ponds fill up with ducks: Canvasback, Greater and Lesser Scaup, Northern Pintails, Buffleheads, and Common Mergansers all fly in to join their resident cousins the Cinnamon Teal and Mallard, and the marshes are once again transformed. Trudging through the cold wet weather of winter to count duck species is an entirely different experience than standing in the bright spring sunlight watching the ethereal Tree Swallows fluttering down out of the sky to feed their young.

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A young Common Gallinule / Photo by Pamela Llewellyn

Coyote Hills in the fall / Photo by Ilana DeBare

Alongside all of the bird activity there are many mammals that make Coyote Hills their home. Muskrats can be seen swimming in the channels and ponds among the water birds, while grey foxes stealthily stalk prey in the thick grass and marshes. and the endangered salt marsh harvest mouse makes a home among the pickleweed.

Raptorphiles can get their fill with up to 23 different species of birds of prey recorded here. White-tailed Kite, Northern Harrier, Red-shouldered Hawk, and Great Horned Owl are a few of the more common sightings. Osprey, Peregrine Falcon, and Merlin make frequent visits. (Rare sightings include Rough-legged Hawk, Ferruginous Hawk, and Pygmy Owl.) And for the herp-lover, the resident Red-tailed Hawk will give you a nice display of the local reptile species while it soars by with a garter or gopher snake in its talons.

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Boardwalk at Coyote Hills / Photo by Jerry Ting (EBRPD)

White Pelicans at Coyote Hills / Photo by Pamela Llewellyn

After a few hours out on the trails, the Visitor Center offers a nice break from the elements and has an educational natural history display. Behind the Visitor Center is the Butterfly Garden, which attracts both birds and butterflies. I love sitting on the stone bench in front of the water fountain to cool off on a hot summer day and watching the variety of creatures that come to drink the cool water.

For anyone with even a mild interest in the natural world, Coyote Hills does not disappoint.

Fast Facts

Location: 8000 Patterson Ranch Road, Fremont Hours/Fees: Park hours vary by season, generally from 8 a.m. until early evening. See the park web site for details. The Visitor Center and butterfly garden are open 10 a.m. to 4 p.m., Wednesday through Sunday. Parking fee of $5/vehicle.

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Dogs: Dogs allowed if they are on leash and under control. Fee of $2/dog (guide dogs free). Habitat: Brackish wetlands, salt marshes, grasslands, willow woodland, oak woodland and conifer stands. Key Birds:

The Cornell Lab of Ornithology’s eBird lists a total of 272 species of birds recorded at the park.

Year-Round: Canada Goose, Mallard, Cinnamon Teal, Ring-necked Pheasant, Pied-billed Grebe, Double-crested Cormorant, American White Pelican, Great Blue Heron, Great Egret, Snowy Egret, Black-crowned Night Heron, Turkey Vulture, White-tailed Kite, Northern Harrier, Red-shouldered Hawk, Red-tailed Hawk, Virginia Rail, Common Gallinule, American Coot, Black-necked Stilt, American Avocet, Killdeer, Western Gull, California Gull, Great-horned Owl, Anna’s Hummingbird, Nuttal’s Woodpecker, Black Phoebe, Western Scrub Jay, Chestnut- backed Chickadee, Bushtit, Marsh Wren, Bewick’s Wren, American Robin, Common Yellowthroat, Dark-eyed Junco, Savannah Sparrow, Song Sparrow, Spotted Towhee, Lesser Goldfinch. Summer: Caspian Tern, Forster’s Tern, Allen’s Hummingbird, Olive-sided Flycatcher, Western Wood-Pewee, Pacific-slope Flycatcher, Ash-throated Flycatcher, Warbling Vireo, Northern Rough-winged Swallow, Violet-green Swallow, Barn Swallow, Cliff Swallow, Swainson’s Thrush, Wilson’s Warbler, Western Tanager, Black-headed Grosbeak, Lazuli Bunting, Hooded Oriole, Bullock’s Oriole. Winter: American and Eurasian Wigeon, Canvasback, Northern Pintail, Greater and Lesser Scaup, Bufflehead, Common and Barrow’s Goldeneye, Eared Grebe, Western Grebe, Marbled Godwit, Long-billed Curlew, Dunlin, Least and Western Sandpiper, Long-billed and Short-billed Dowitcher, Bonaparte’s Gull, Mew Gull, Herring Gull, Merlin, Say’s Phoebe, Loggerhead Shrike, Ruby-crowned Kinglet, Yellow-rumped Warbler, Fox Sparrow, Golden-crowned Sparrow, White-crowned Sparrow. Ease of Access: The trails through the marshes are mostly paved and flat so access is easy for everyone. The trails up into the hills are less paved and some a bit steep, but the views from the top are sensational.

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