Board of Directors Board Meeting Packet
MAY 3, 201 6
Clerk of the Board
YOLANDE BARIAL
KNIGHT (510) 544-2020 PH (510) 569-1417 FAX
East Bay Regional MEMO to the BOARD OF DIRECTORS Park District EAST BAY REGIONAL PARK DISTRICT
Board of Directors DOUG SIDEN President - Ward 4
BEVERLY LANE The Regular Session of the MAY 3, 2016 Vice President - Ward 6 Board Meeting is scheduled to commence at DENNIS WAESPI 2:00 p.m. at the EBRPD Administration Building, Treasurer - Ward 3 2950 Peralta Oaks Court, Oakland DIANE BURGIS Secretary - Ward 7
JOHN SUTTER
Ward 2 Respectfully submitted, AYN WIESKAMP Ward 5
WHITNEY DOTSON Ward 1
ROBERT E. DOYLE ROBERT E. DOYLE General Manager General Manager
P.O. Box 5381 2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX www.ebparks.org
AGENDA
REGULAR MEETING OF MAY 3, 2016 BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 12:30 p.m. ROLL CALL (Board Conference Room) meeting at District Headquarters, 2950 Peralta Oaks Court, Oakland, CA, PUBLIC COMMENTS commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, May CLOSED SESSION 3, 2016.
Agenda for the meeting is listed adjacent. Times for agenda A. Conference with Labor Negotiator: Gov’t Code § 54957.6 items are approximate only and are subject to change during the Agency Negotiator: Robert E. Doyle, Debra Auker, meeting. If you wish to speak on Jim O’Connor, Sukari Beshears matters not on the agenda, you Employee Organizations: AFSCME Local 2428, Police Association may do so under Public Comments at the beginning of Unrepresented Employees: Managers and Confidentials the agenda. If you wish to testify on an item on the agenda, please B. Conference with Legal Counsel: complete a speaker’s form and submit it to the Clerk of the 1. Existing Litigation – Gov’t Code § 54956.9 (d)(1): Board.
a) Clayton Estates, LLC et al. vs. EBRPD A copy of the background (Arbitration – ADR Services, Inc.) materials concerning these agenda items, including any C. Conference with Real Property Negotiator Regarding Price and/or material that may have been Terms of Payment – Gov’t Code § 54956.8 submitted less than 72 hours before the meeting, is available for inspection on the District’s 1) Agency Negotiator: Jim O’Connor, Carol Victor website (www.ebparks.org), the Administrative Building reception desk, and at the APN/ADDRESS PROPERTY OWNERS PARK/TRAIL meeting.
Alameda County Agendas for Board Committee Meetings are available to the 9999 Redwood Road, East Bay Regional Park Chabot Gun Club public upon request. If you wish Castro Valley District to be placed on the mailing list to receive future agendas for a APN 085 035 001 001 specific Board Committee, please call the Clerk of the Board’s Office at (510) 544- 2020.
2:00 p.m. OPEN SESSION (Board Room) District facilities and meetings comply with the Americans with PLEDGE OF ALLEGIANCE Disabilities Act. If special accommodations are needed for you to participate, please A. APPROVAL OF AGENDA contact the Clerk of the Board as soon as possible, but B. PUBLIC COMMENTS preferably at least three working days prior to the meeting. 3 2:15 p.m. C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of March 21, 2016 to April 3, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of April 19, 2016 (Barial Knight/Auker) (No Cost) c. Authorization to Grant a Waterline Easement to the Kiely Family Trust: Pleasanton Ridge Regional Park (Musbach/Nisbet) (Resolution) (No Cost) d. Approval of Out-of-State Travel for Directors Dennis Waespi, Whitney Dotson, John Sutter, and Ayn Wieskamp to Attend the 2016 Special Park District Forum in Cleveland, Ohio from June 13- 17, 2016 (Barial Knight/Auker) (Resolution) (Budgeted Funds) e. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two-County LLD) (Zenoni/Auker) (Resolution) (No Cost) f. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) (Zenoni/Auker) (Resolution) (No Cost) g. Authorization to Partner and Accept Funding from the City of Alameda for Storm Drain Improvements and Amend the 2016 Budget: Robert W. Crown Memorial State Beach (Margulici/Lim/Auker) (Resolution) (Revenue Authorization) h. Authorization to Convert One Full Time Equivalent (FTE) Senior Office Assistant to Office Specialist: Public Affairs Division (Beshears/Johnson) (Resolution) (No Cost) i. Authorization to Revise Measure AA Project Budgets and Allocation Area Amounts (Burnor/Zenoni) (Resolution) (AA Funds) j. Authorization to Consolidate Remainder Measure AA Funds (Burnor/Auker) (Resolution) (No Cost) k. Authorization to Apply for Grant Funds from the U.S. Department of Justice for up to Two Police Officers: District Wide (Margulici/Anderson/Auker) (Resolution) (No Cost) l. Authorization of Sole Source Agreement with Hallsten Corporation for the Purchase of New Aluminum Floating Dock System: Martin Luther King Jr. Regional Shoreline (Lebow/Barrington/O’Connor)(Resolution) (Budgeted Funds)
4 2:30 p.m. 2. LEGAL AND ACQUISITON, STEWARDSHIP & DEVELOPMENT DIVISIONS
a. Authorization to Enter into an Amended and Restated Memorandum of Understanding with Union Pacific Railroad Regarding Recreational Trail Right-of-Way Over Railroad Property for Public Shoreline Access: District Wide (Musbach/Dougan/Kelchner) (Resolution) (Budgeted Funds/WW)
3:00 p.m. 3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Award a Contract to San Rafael Rock Quarry, Inc. for the Breuner Marsh Restoration and Public Access Project Phase 3 (2016); Amend Professional Services Contracts with Ghirardelli Associates and Questa Engineering Corporation; Pay City of Richmond Fees; and Transfer and Appropriate Funds Including Use of Measure WW Reserves: Point Pinole Regional Shoreline (Barton/Nisbet) (Resolution) (Budgeted Funds/ CC/WW)
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. ANNOUNCEMENTS FROM CLOSED SESSION
3:50 p.m. 7. BOARD COMMENTS
4:30 p.m. D. ADJOURNMENT
5 CONSENT CALENDAR
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of March 21, 2016 Through April 3, 2016 (Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of March 21, 2016 through April 3, 2016.
Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records.
6 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MARCH 21, 2016 THROUGH APRIL 3, 2016
WHEREAS, District Resolution No. 1992 - 1 - 40, adopted by the Board of Directors on January 21, 1992, requires that a listing of District checks be provided to the Board Treasurer for review;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the check listing for the period of March 21, 2016 through April 3, 2016;
Moved by Director , seconded by Director , and adopted this 3rd day of May, 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
7 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
b. Approval of the Minutes for the Board Meeting of April 19, 2016 (Barial Knight/Auker)
8
The Board Meeting, which was held on April 19, 2016 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 12:30 p.m. by Board President Siden.
ROLL CALL
Directors Present: Doug Siden, President Beverly Lane, Vice President Dennis Waespi, Treasurer Diane Burgis, Secretary John Sutter Ayn Wieskamp Whitney Dotson
Directors Absent: None.
At this time, the Board of Directors met in Closed Session to discuss those items outlined on the agenda.
Director Dotson recused himself from the discussion of the Goodrick Avenue property in the Point Pinole Regional Shoreline due to the proximity to his home address.
The Open Session of the Board Meeting was called to order at 2:00 p.m. by Board President Siden.
Staff Present: Robert Doyle, Dr. Ana Alvarez, Debra Auker, Carol Victor, Carol Johnson, Erich Pfuehler, Mona Koh, Aaron Roth, Rob Lim, Mimi Waluch, Anne Kassebaum, Matt Graul, Liz Musbach, Mark Ragatz, Alicia Gonzales, Alan Love, Bob Nisbet, Bill Zenoni, Larry Tong, Julie Bondurant, Kelly Barrington, Tim Anderson, Carolyn Jones, Sean Dougan, Lance Brede, Michael McNally, Tiffany Margulici, Timothy Anderson, Linda Wu, Sean Dougan, Rachel Sater, Brad Gallup, Al Love, Anthony Ciaburro, Mark Ragatz, Dan Cunning, Mark Pearson, Mona Koh, Yulie Padmore, Ren Bates, Kristina Kelchner, Dania Stoneham, Jamie Perkins, Kym Anderson.
Guests: Diane Peterson and “Bigges”, Laura McCreery.
President Siden introduced Diane Peterson and her Australian Shepherd dog “Bigges”. Ms. Peterson demonstrated how she trained Bigges to retrieve plastic bottles and litter in our canyons and parks. President Siden presented them with a framed certificate of appreciation.
AGM Johnson introduced Laura McCreery, Oral History Project Director at the Institute of Governmental Studies at University of California, Berkeley. McCreery presented Director Lane with her oral history and had brief remarks acknowledging the public good achieved by Lane over the years. Lane appreciated working with Laura acknowledging that her history is a reflection of her life.
A. APPROVAL OF AGENDA
By motion of Director Sutter, and seconded by Director Lane, the Board voted unanimously to approve the Agenda.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. 9 Directors Against: None.
B. PUBLIC COMMENTS
Kelly Abreu acknowledged the good work of Laura McCreery, asked for the opening date of Vargas Plateau and commented on the lack of the scheduled meetings of the Fremont citizens committee. The Board replied the opening date is May 4.
C. BUSINESS BEFORE THE BOARD
By motion of Director Sutter, and seconded by Director Dotson, the Board voted 4 to 3 to approve item j.
Directors For: Whitney Dotson, Beverly Lane, John Sutter, Ayn Wieskamp
Directors Against: Dennis Waespi, Doug Siden, Diane Burgis,
j. Authorization to Award a Contract for Nimitz Way Hazardous 5 Wildland Fuels Reduction to The Professional Tree Care Company and Amend the 2016 Budget: Tilden Regional Park Resolution No. 2016 – 04 – 087 (attached)
This item was pulled for a separate vote. Dan McCormick, Fire Chief introduced Brad Gallup, Fire Captain. Gallup described the project explaining that safety and no damage to the freshly paved asphalt were factors in awarding the contract to Professional Tree Care Company. Director Siden asked the rationale for the District choosing the contractor that bid $175,000 over the bid for $97,000. Carol Victor, District Counsel, clarified the legal point that staff can exercise discretion for this type of service and are not restricted to the lowest value. There was a distinct difference between the bidders’ method on how to fell the trees.
Director Sutter inquired about the scope of the project; is this one treatment area, and is the project cost typical. Gallup clarified the scope of work, adding that it is one treatment area and nothing is typical. Director Waespi expressed concern about the bid differences and asked for the length of the asphalt and the estimated costs to repair the asphalt. Gallup said about 1000 to 1200 feet long. Director Burgis reiterated that the consideration was trail protection, safety, and possibly taking on additional costs for asphalt repair. Burgis stated that staff should consider making these a part of the bidding process or give the bidder an opportunity to meet the requirements for transparency. Director Wieskamp asked if this is time sensitive. Gallup replied it was. Victor explained the callouts in the proposal which identified protection of Nimitz Way, having flaggers and public safety which had to be addressed. Director Dotson explained the differences in how trees are felled. One approach is to cut them down and fall, the other is for climbers who will cut, tie the pieces, and lower them down without causing damage to the asphalt.
Expert Tree Service, Brian Gates spoke explaining his long relationship of successful projects with the Park District. Gates passed out a letter which expressed his position on not being awarded this contract. He explained his company, his safety record, and his experience in working around asphalt. Director Wieskamp asked him if he would fix any damage, Gates said he would. GM Doyle acknowledged that Mr. Gates does excellent work and yet staff’s professional judgement chose Professional Tree Care Company. Doyle added that grant money needs to be spent by the end of September. President Siden asked for a roll call vote. The motion carried 4 to 3.
Director Sutter said that the vote does not indicate a lack of confidence in Expert Tree Service. 10
CONSENT CALENDAR
By motion of Director Lane, and seconded by Director Wieskamp, the Board voted unanimously to approve the Consent Calendar.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Against: None.
a. Approval of District Check Listing for the Period of March 7, 2016 to March 20, 2016 Resolution No. 2016 – 04 – 088 (attached)
Approval of the Minutes for the Board Meeting of April 5, 2016
c. Authorization to Convey Real Property to Alameda County Flood Control and Water Conservation District – P-Line Parcel Between Ardenwood Boulevard and Paseo Padre Parkway (APN 543-0439-043-00): Coyote Hills Regional Park Resolution No. 2016 – 04 – 089 (attached)
d. Authorization to Transfer Budgeted Funds for Public Access Improvements at the Tidewater Use Area: Martin Luther King Jr. Regional Shoreline Resolution No. 2016 – 04 – 090 (attached)
Director Sutter congratulated staff and asked if this authorization completed the Flexivan property. Ren Bates, Landscape Architect and Project Manager confirmed project completion with the improvements in the plan. President Siden wanted to see the entire project. GM Doyle stated that staff cannot give complete project cost until the project is designed. Bates added that there will be a full master plan and this transfer of funds will scope out the site. GM Doyle said there are Measure WW bond funds for MLK shoreline.
e. Authorization to Enter Into a Trail Segment Certification Agreement With the National Park Service for the Certification of Existing Segments of the Juan Bautista De Anza National Historic Trail Resolution No. 2016 – 04 – 091 (attached)
Sean Dougan, Trail Development and Trail Manager explained the certification of the 163 miles.
f. Authorization to Designate the Big Break Regional Shoreline Trail as an Addition to the Great California Delta Trail Resolution No. 2016 – 04 – 092 (attached)
Director Sutter asked if both trails are coterminous or partially. Dougan answered that eventually there will be potential overlap.
g. Authorization to Purchase Two John Deere Tractors from John Deere Company Resolution No. 2016 – 04 – 093 (attached)
11 h. Authorization to Enter into a Sole Source Service Agreement with Advanced Helicopter Services to Complete a 3500 Hour Main Transmission Component Overhaul: Public Safety Division Resolution No. 2016 – 04 – 094 (attached)
h. Approval of Sole Source Agreement for Replacement/Purchase from Airbus Helicopters of Starflex Main-Rotor Hub for the District's Helicopter: Public Safety Division Resolution No. 2016 – 04 – 095 (attached)
k. Authorization to Transfer and Appropriate the Administrative Allowance from the “2006 New Year’s Storms” Federal Emergency Management Agency Projects: District Wide Resolution No. 2016 – 04 – 096 (attached)
l. Authorization to Apply to the East Bay Municipal Utility District Water Smart Garden Grant for the Demonstration Garden Project: Crown Memorial State Beach Resolution No. 2016 – 04 – 097 (attached)
Director Lane asked if staff is applying for grants for land that we operate on EBMUD property. Dania Stoneham Recreation Areas Unit Manager said these grants are for EBMUD water sources and the District uses EBMUD water at Crown Beach. Since then staff has learned more about the grant and are looking for other funding sources.
m. Authorization to Appropriate Funds and Apply for Federal Grant Funds for Replacement of Campground Restrooms at Del Valle State Recreation Area: Del Valle Regional Park Resolution No. 2016 – 04 – 098 (attached)
n. Authorization to Apply for Grant Funds from the State of California, Department of Water Resources for Water Safety Programs: District Wide Resolution No. 2016 – 04 – 099 (attached)
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
By motion of Director Sutter, and seconded by Director Waespi, the Board voted unanimously to approve item 2a.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Against: None.
a. Approval of the Land Use Plan Amendment (LUPA) for the McCosker Parcel: Robert Sibley Volcanic Regional Preserve Resolution No. 2016 – 04 – 100 (attached)
Larry Tong, Chief of Planning & GIS introduced Julie Bondurant, Principal Planner. Bondurant gave a brief history on this checklist amendment discussing the Phase I safety improvements and the opening of a 3 mile trail. Director Sutter was pleased to see this moving forward and asked if 10 parking places are enough. Bondurant replied there is a limit to what the existing12 conditions can provide in the already disturbed areas. This amendment will help to determine the usage at the site. Sutter asked the rationale for naming the staging area. Bondurant said that Wilcox was a Railroad stop in Canyon and staff recommended the naming. Director Lane asked the status of obtaining an easement for the trail from EBMUD. Bondurant said it will probably be a license agreement. Lane and Siden agreed that the Wilcox name is appropriate.
Members of the Canyon Community addressed the Board expressing that they did not support this plan, believed that the community was not properly notified, urged the Board to delay the vote, urged the Board not to approve the plan because of CEQA and lack of environmental compliance, mentioned increased traffic, the fragility of this community, and whether dogs should be allowed in this endangered habitat location. Bondurant replied that at the public meeting the LUP was discussed, and CEQA will be required, the Wilder project is not a part of this project and there will not be any ground disturbance. Dog usage will be consistent with Ordinance 38. The District has more than doubled the size of Sibley, adding about 750 acres of permanently preserved land in a wildlife corridor. Director Lane asked about the notification process staff used. Bondurant said this meeting was noticed extensively through various mailing lists, and given to community organizations in Canyon, Orinda, and Moraga. The meeting was held at Trudeau where input was received and stakeholder meetings will be held. Sutter asked for clarification regarding the speakers’ point on the piecemeal development, and not following the CEQA process. Bondurant explained that Phase I is a categorical exemption with no new construction. Tong added that this stand-alone project would go forward with or without the Sibley LUP. Director Wieskamp asked if staff has looked into safety concerns on the road. Bondurant said staff has been in touch with Contra Costa County Transportation Authority and will work with them to get a baseline on current traffic and possible design improvements .President Siden asked how many were present at this meeting. Bondurant said about 60-70 people. Sutter had comments about the presentation and that the notification given to the community could have been better.
3. LEGAL DIVISION
By motion of Director Burgis, and seconded by Director Sutter, the Board voted unanimously to approve item 3a.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Against: None.
PUBLIC HEARING
a. An Ordinance of the East Bay Regional Park District Amending Ordinance 38: Rules and Regulations Ordinance No. 2016 – 04 – 101 (attached)
GM Doyle introduced this item and Lt. Love’s PowerPoint presentation provided background on the 2 year review and update of Ordinance 38 which was accepted by staff and facilitated through public safety. The Smoke Free Parks amendment was discussed and a white paper was drafted. Love identified cities that prohibit smoking. Director Waespi asked if there was any accommodation for employees. Love answered Park District employees are exempt and will follow the guidelines to establish an employee smoking area. Director Burgis asked the reason for allowing smoking in campgrounds and about concessionaires smoking. Love replied that smoking is allowed in overnight campsites, concessionaires cannot smoke and there is no smoking on golf courses. AGM Anderson added that the GM can suspend Ordinance 38. Director Lane attended the PAC meeting where the smoking ban was discussed, adding that they suggested evaluating the ban with campground staff. Sutter complimented staff on how this was handled and how those various alternatives will impact the public and staff. Doyle commended Save the Bay for their advocacy. Burgis recommended encouraging proper disposal of cigarettes at campsites. Wieskamp suggested a program to help employees quit smoking. There was discussion 13 amongst the Board members on drones and their impacts on safety of aircraft and the consequences of noncompliance.
The Public Hearing was opened. Ethan Tucker of Save the Bay and Allison Chan spoke on having a100% smoke free park experience. Doyle stated that every 2 years the District does a total review of Ordinance 38 and thanked Lt. Love and Save the Bay for their work. Victor announced that there was a revision on the resolution of Ordinance 38 handed out to the Board. The public hearing was closed.
4. 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.
5. GENERAL MANAGER’S COMMENTS
Michael McNally, Acting Facilities Manager outlined the Office Services departmental structure. He highlighted the switchboard/reception desk, copy room, messenger services/mail room, central stores and facility services. McNally discussed the 2015 completed projects: Board room remodel, Finance offices reconfiguration, the boiler replacement, as well as the 2016 projects for the main office, private offices, and cubicle reconfigurations. Upcoming projects are the lower lawn parking lot, ADA access improvements and the elevator modernization project.
6. ANNOUNCEMENTS FROM CLOSED SESSION
There were no announcements.
7. BOARD COMMITTEE REPORTS
a. Operations Committee (1/21/16) (Sutter) b. Operations Committee (2/18/16) (Sutter) c. Executive Committee (3/04/16) (Sutter)
8. BOARD COMMENTS
Director Siden reported on meetings attended. Director Siden Attended the joint working session with HARD; Appreciation for the 2016 Pocket Facts; Held his Crown Beach staff appreciation; Commended Carol Johnson for the most money raised by the Regional Parks Foundation; Attended the California Trails & Greenways Conference; Attended the Board field trip; Attended the Finance workshop.
Director Lane reported on meetings attended. Director Lane Attended the Finance workshop; Attended the California Trails & Greenways Conference; Toured Black Diamond with Interpretive Parklands Unit Manager Terry Noonan; Attended the Board field trip; Attended the joint working session with HARD.
Director Sutter reported on meetings attended. Director14 Sutter Attended the Canyon meeting; Attended the Contra Costa Liaison Committee meeting; Attended the joint working session with HARD; Attended the Legislative Committee meeting; Attended the Operations Committee meeting; Attended the Finance workshop.
Director Waespi reported on meetings attended. Director Waespi Attended a meeting organized by Asm. Quirk; Attended the joint working session with HARD; Attended the HASPA meeting; Attended the Board field trip; Attended a Fairview stakeholders meeting; Attended the Legislative Committee meeting; Attended Finance workshop.
Director Burgis reported on meetings attended. Director Burgis Attended the ABAG Regional Planning Committee meeting; Attend the Legislative Committee meeting; Attended the joint working session with HARD; Attended the Board field trip; Attended the Finance workshop.
Director Wieskamp reported on meetings attended. Director Wieskamp Delivered the basket to the YMCA for the Valley golf tournament Attended the Alameda Mayors Conference in Newark; Attended a picnic at Tesla; Attended the Finance workshop; Attending the Dublin State of the City; Attended Board field trip. Attended the joint working session with HARD; Will tour Pleasanton Ridge.
Director Dotson reported on meetings attended. Director Dotson Attended the California Trails & Greenways Conference; Attended the Board field trip; Attended the Finance workshop; Attended the joint working session with HARD.
D. ADJOURNMENT
The meeting was adjourned at 5:46 pm by Board President Doug Siden.
Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board
15 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
c. Authorization to Grant a Waterline Easement to the Kiely Family Trust: Pleasanton Ridge Regional Park (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve the grant of a waterline easement to the Kiely Family Trust (“Kiely”) for Kiely’s existing conveyance system that carries water from a spring located on the former Robertson property at Pleasanton Ridge Regional Park to the Kiely property located at 35680 Palomares Road, together with the right to store said spring water in a 2,500 gallon holding tank located on the former Robertson property.
COST/REVENUE
Other than staff time, which is being paid out of the Robertson/Pleasanton Ridge CIP (232200), there are no other costs associated with this grant of easement and associated rights. Kiely will be solely responsible for the cost to maintain the subject water conveyance system located on the Park District’s former Robertson property.
BACKGROUND
By its Resolution No. 2012-12-303 dated December 4, 2012, the Board of Directors authorized staff to exercise the option, purchase and sale agreement for the purchase of 1,367.8 acres of real property from the William R. Robertson and the James D. Robertson Trust (“Robertson”) at Pleasanton Ridge Regional Park. The Robertson property transferred to the Park District on December 21, 2012. The Robertson property contains a natural spring that has historically provided domestic water service to an adjacent property located at 35680 Palomares Road (APN 085A-4700-002-44), currently owned by the Kiely’s.
The Robertson and Kiely properties were originally part of a large common parcel owned by the King family. The King parcel contained the original King family homestead consisting of a two-story house, a barn and several outbuildings (the “Homesite”). It is believed that the Homesite was established sometime prior to 1940. Since its establishment, the Homesite has
16 received domestic water service from a spring located in the western portion of the Robertson property via a water conveyance system (pipes) running from the spring to the Homesite. In or around the year 1953, the King family replaced the original two-story home with the house that currently exists on the Homesite (now Kiely). Since its construction, the existing home also has received all of its domestic water supply from the spring.
In 1970, the King family subdivided the King parcel, retaining the Homesite for themselves, and selling the remaining 1,367.8 acres to James Robertson, which included the spring and a portion of the conveyance system that carries water from the spring to the King Homesite. At the time, the Kings and Robertsons did not record an easement formalizing the King’s use of the water conveyance system over the Robertson property. However, the Kings continued to use the spring and conveyance system. In 1981, Dennis Kiely purchased the Homesite from the heirs of the King family. The King-Kiely deed of transfer likewise did not contain an express easement for the water conveyance system, but the water conveyance system and spring continued to serve as the sole source of domestic water supply for the Homesite. The Kiely property continues to this day to use the water conveyance system and spring as their sole source of domestic water supply.
The Park District had knowledge of the Kiely water system prior to taking ownership of the Robertson property and has been working with the Kielys to memorialize an easement over the former Robertson property for said conveyance of water. The proposed easement perfects Kiely’s the rights to draw water from the spring and convey water to the Kiely property. The easement also assigns to Kiely and successors a perpetual right-of-way for conveyance of and ingress and egress over, under and across the easement premises for the sole and limited purposes of inspecting, maintaining, repairing or replacing the conveyance serving the Kiely property with water.
The Park District expressly reserves the right to use the easement area, including the right to make any surface or subsurface use of the easement premises which does not impair Kiely’s use of the easement or unreasonably interfere with the conveyance of water. Kiely’s rights to the easement and the conveyance is limited to domestic and agricultural uses for a single residence only. The easement may be relocated upon mutual agreement of both parties. By executing the “Grant Deed for Waterline Easement” document, the Park District will preserve its property rights while protecting itself from the associated liability of Kiely’s use of the easement area via the easement’s indemnification provisions. The former Robertson property is not dedicated park land therefore a unanimous vote of the Board is not required for this easement conveyance.
ALTERNATIVES
No alternatives are recommended.
17 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO. 2016 – 05 -
May 3, 2016
AUTHORIZATION TO GRANT A WATERLINE EASEMENT TO THE KIELY FAMILY TRUST: PLEASANTON RIDGE REGIONAL PARK
WHEREAS, on December 4, 2012, by its Resolution No. 2012-12-303, the Board of Directors of the East Bay Regional Park District (“Park District”) authorized staff to exercise the option, purchase and sale agreement for the purchase of 1,367.8 acres of real property from William R. Robertson and James D. Roberston Trust (“Robertson”) at Pleasanton Ridge Regional Park; and
WHEREAS, on December 21, 2012 the Robertson property grant deed was recorded and title transferred to the Park District; and
WHEREAS, the Robertson property contains a natural spring that has historically provided water for domestic and agricultural purposes by means of a conveyance system consisting of a spring box, 2,500 gallon holding tank and waterline to an adjacent property located at 35680 Palomares Road (APN 085A-4700-002-44), owned by the Kiely Family Trust (“Kiely”); and
WHEREAS, the Park District desires to grant and Kiely desires to receive a recorded easement over, under and across that portion of the former Robertson property for Kiely’s existing water conveyance system and for the sole and limited purposes of inspecting, maintaining, repairing or replacing the conveyance system; and
WHEREAS, the easement rights for the water conveyance system and ingress and egress over, under and across the easement premises together with the right to store the spring water in a tank located on the former Robertson property will be perpetual and appurtenant to the Kiely property; and
WHEREAS, by this resolution, exclusive use of the easement premises is not hereby granted. The Park District expressly reserves the right to use the easement premises and the right to make any surface or subsurface use of the easement premises that does not impair Kiely’s use or does not unreasonably interfere with Kiely’s conveyance of water. Additionally, Kiely may not allow or permit additional use of or connections to the conveyance to serve other persons, residences, properties or parcels;
NOW, THEREFORE, BE IT RESOLVED, that the General Manager is hereby authorized and directed to enter into and convey to Kiely the “Grant Deed for Waterline Easement” as described above; and
18 BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , and seconded by Director and adopted this this 3rd day of May, 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
19 PLEASANTON RIDGE REGIONAL PARK East Bay ´ Regional Park District EBRPD (Robertson) Property Acquisition, Stewardship and Development Division Grant of 10 ft wide Waterline Easement to Kiely December 15, 2015 Kiely Property APN: 85A-4700-2-44 Feet t:/bstone/mxd projects/landacq/ 0250 500 1,000 1,500 2,000 pr_Robertson-KielyEsmt-2015.mxd
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21 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
d. Approval of Out-of-State Travel for Directors Dennis Waespi, Whitney Dotson, John Sutter and Ayn Wieskamp to Attend the 2016 Special Park District Forum in Cleveland, Ohio from June 13- 17, 2016 (Barial Knight/Auker)
RECOMMENDATION
It is recommended that the Board of Directors approve out-of-state travel for Directors Dennis Waespi, Whitney Dotson, John Sutter and Ayn Wieskamp, to attend the 2016 Special Park District Forum in Cleveland, Ohio from June 13 – 17, 2016.
REVENUE/COST
Funding for this travel is available in the adopted 2016 General Fund budget 101-1110-000- 6511.
BACKGROUND
The 2016 Special Park District Forum is scheduled for June 13 - 17, 2016, in Cleveland, Ohio. This forum is an important informational gathering of park and recreation agencies. District representatives will be attending various on-site institutes, tours, and informational sessions.
The District has been a participant as well as host of the Special Park District Forum for over 20 years. This affiliation meets once per year to review the governance, administration, operations and other aspects of special districts that are established for the purposes of creating and administering public parks, recreation, open space, and interpretive facilities. Board Members meet with members and commissioners of like-agencies to investigate and bring back to this District ideas and solutions to the unique resource, public and financial issues that face large, special park districts.
ALTERNATIVES
No alternatives are recommended.
22 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
APPROVAL OF OUT-OF-STATE TRAVEL FOR DIRECTORS DENNIS WAESPI, WHITNEY DOTSON, JOHN SUTTER AND AYN WIESKAMP, TO ATTEND THE 2016 SPECIAL PARK DISTRICT FORUM IN CLEVELAND, OHIO FROM JUNE 13- 17, 2016
WHEREAS, the East Bay Regional Park District is a longstanding participant in the Special Park District Forum, held annually at different Special Park Districts across the United States and Canada; and
WHEREAS, the Special Park District Forum provides a unique opportunity for the East Bay Regional Park District Board Members and staff to meet with officials from other regional government agencies to examine solutions to common issues facing operators of major resource protection and public use facilities; and
WHEREAS, the 2016 Special Park District Forum is being held from June 13-17, 2016 in Cleveland, Ohio; and
WHEREAS, funding for these trips is available in existing departmental budgets; and
WHEREAS, District policy requires that Board authorization for out-of-state travel by Board Members;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approve out-of-state travel for Directors Dennis Waespi, Whitney Dotson, John Sutter and Ayn Wieskamp to attend the2016 Special District Forum in Cleveland, Ohio ; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 3rd day of May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
23 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
e Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) (Zenoni/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve the attached Resolution and direct staff to take the following actions: 1. Initiating proceedings for the 2016-17 fiscal year operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including the related Zones of Benefit (ZB): a. ZB-1 (Five Canyons) b. ZB-2 (Dublin Hills) c. ZB-3 (Walpert Ridge) d. ZB-4 (San Ramon Hills) e. ZB-5 (Stone Valley) f. ZB-6 (Gateway Valley/Sibley Volcanic)
2. Appointing NBS as Engineer of Work for the Two County LLD; and
3. Instructing NBS to prepare an Engineer’s Report for the operation of the Two County LLD for the 2016-17 fiscal year.
REVENUE/COST
All costs of operating the Two County LLD are paid from assessment and interest revenues. Since the inception of the Two County LLD, costs associated with the regional trail maintenance and support has exceeded assessment revenues collected. In 2016, Two County LLD Fund expenditures are budgeted at $4,142,960 with projected revenue of $3,968,000.
The 2016 appropriations for the six zones of benefit total $84,290. Total 2016 assessment revenue is budgeted at $129,400 with budgeted interest earnings of $1,500.
24 BACKGROUND
The District’s regional trail system enjoys widespread citizen appreciation and support throughout its Two County jurisdiction. Various funding sources are available for the acquisition of regional trails. However, regional trail maintenance and operations are funded solely through property assessments and the General Fund.
In 1993, the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting District (Two County LLD) was formed by the Board of Directors. It was determined that the formation of a special assessment district provided an equitable funding source to finance the cost of operating and maintaining the regional trails within the LLD by the property owners within the assessment district.
The assessment rate of $5.44 per equivalent dwelling unit was authorized and has remained unchanged over the years. In 1995, multi-unit parcels were added to the assessment at $2.72 per unit. Last year, there were 355,492 Alameda County and 295,820 Contra Costa County parcels. Additionally, there are 198,359 assessable multi-family residential parcels in Alameda County and 74,853 in Contra Costa County.
Subsequent to the formation of, and within the boundaries of the Two County LLD, zones of benefit were developed to address specific trail maintenance priorities for certain development projects, including the following: Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994 and currently includes 1,089 assessable units, which were assessed $42.83 each in fiscal year 2015-16. Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996 and currently includes 537 assessable units, which were assessed $31.00 each in fiscal year 2015-16. Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in 1998 and currently includes 420 assessable units, which were assessed $138.21 each in fiscal year 2015-16. San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established in 1999 and currently includes 140 units, which were assessed $38.75 each in fiscal year 2015-16. Stone Valley Zone of Benefit (ZB-5), near Las Trampas Regional Wilderness Area, was established in 2006 and currently includes 39 assessable units, which were assessed $161.23 each in fiscal year 2015-16. Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the City of Orinda, was established in 2007 and currently includes 151 assessable units, which were assessed $95.92 each in fiscal year 2015-16.
In 1996, in accordance with the provisions of Proposition 218, the continuation of the assessment rate and services by the Two County LLD was approved by the voters of Alameda and Contra Costa Counties. Continuation of this assessment requires that the Board of Directors annually initiate a statutory process to sustain the Two County LLD operation and Zones of Benefit for the next fiscal year (July 1, 2016 to June 30, 2017). The District has a contract with the engineering firm NBS to prepare the Engineer’s Report and to provide administration services. Accordingly, the Board of Directors is requested to take the following action:
25 1. Approve the attached Resolution with initiates the Two County LLD process for the 2016-17 fiscal year; 2. Appoint NBS as the Engineer of Work; 3. Instruct NBS to prepare an Engineer’s Report for Fiscal Year 2016-17.
ALTERNATIVES
No alternatives are recommended.
26 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
APPROVAL OF RESOLUTION INITIATING PROCEEDINGS AND ORDERING FILING OF ANNUAL REPORT FOR ALAMEDA COUNTY/CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (TWO COUNTY LLD) (Pursuant to the Landscaping and Lighting Act of 1972)
WHEREAS, the East Bay Regional Park District (District) Board of Directors formed the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) on June 1, 1993; and
WHEREAS, the Two County LLD will complete its fiscal year of operation on June 30, 2016; and
WHEREAS, the requirement for the operation and maintenance of the District’s regional trails system within the Two County LLD boundaries continues to exist for the 2016-17 fiscal year (July 1, 2016 through June 30, 2017); and
WHEREAS, the District, in operating the Two County LLD, has taken effective action to implement the work program as defined in the 2016-17 fiscal year Engineer’s Report;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: 1. Designates NBS as the Engineer of Work for the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District; 2. Directs NBS to file an annual Engineer’s Report in accordance with the provisions of the Landscaping and Lighting Act of 1972; 3. Adopts this resolution pursuant to Section 22622 of the Streets and Highways Code of the State of California.
BE IT FURTHER RESOLVED that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 3rd day of May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
27
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday May 3, 2016
C. BUSINESS BEFORE THE BOARD
1 CONSENT CALENDAR
f. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) (Zenoni/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve the attached Resolution and direct staff to take the following actions:
1. Initiating proceedings for the 2016-17 fiscal year operations of the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD); 2. Appointing NBS as Engineer of Work for the ECCC LLD; and 3. Instructing NBS to prepare an Engineer’s Report for the operation of the ECCC LLD for the 2016-17 fiscal year.
REVENUE/COST
All costs of operating the ECCC LLD are paid from assessment and interest revenues. In 2016, total appropriations for operations and maintenance in the ECCC LLD Fund are $586,200.
BACKGROUND
When the East Contra Costa County area was annexed to the Park District in 1981, the annexation occurred without corresponding redistribution of property tax revenues to the Park District. The East Contra Costa County Landscaping and Lighting Assessment District was formed on December 17, 1991 to address this issue and to provide for operation and maintenance of regional parks, open space and trail operations in East Contra Costa County.
The assessment rate of $19.70 per equivalent dwelling unit (and lower rates for multiple living units) was authorized and has remained unchanged over the years. Last year, there were 37,631 total units (single family, two or more residential units, multiple living units, living units in hotels and mobile home parks) subject to the assessment.
28 In 1996, in accordance with the provisions of Proposition 218, the continuation of the assessment rate and services by ECCC LLD was approved by the voters of East Contra Costa County. Continuation of this assessment requires that the Board of Directors annually initiate a statutory process to sustain the ECCC LLD operation for the next fiscal year (July 1, 2016 to June 30, 2017). The District has a contract with the engineering firm NBS to prepare the Engineer’s Report and to provide administration services. Accordingly, the Board of Directors is requested to take the following action: 1. Approve the attached Resolution with initiates the ECCC LLD process for the 2016-17 fiscal year; 2. Appoint NBS as the Engineer of Work; 3. Instruct NBS to prepare an Engineer’s Report for Fiscal Year 2016-17.
ALTERNATIVES
No alternatives are recommended.
29 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
APPROVAL OF RESOLUTION INITIATING PROCEEDINGS AND ORDERING FILING OF ANNUAL REPORT FOR EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (ECCC LLD) (Pursuant to the Landscaping and Lighting Act of 1972)
WHEREAS, the East Bay Regional Park District (District) Board of Directors formed the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) on December 17, 1991; and
WHEREAS, the ECCC LLD will complete its fiscal year of operation on June 30, 2016; and
WHEREAS, the requirement for the operation and maintenance of the District’s regional trails system within the ECCC LLD boundaries continues to exist for the 2016-17 fiscal year (July 1, 2016 through June 30, 2017); and
WHEREAS, the District, in operating the ECCC LLD, has taken effective action to implement the work program as defined in the 2016-17 fiscal year Engineer’s Report;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby:
1. Designates NBS as the Engineer of Work for the East Contra Costa County Landscaping and Lighting Assessment District; 2. Directs NBS to file an annual Engineer’s Report in accordance with the provisions of the Landscaping and Lighting Act of 1972; 3. Adopts this resolution pursuant to Section 22622 of the Streets and Highways Code of the State of California.
BE IT FURTHER RESOLVED that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 3rd day of May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
30
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31 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
g. Authorization to Partner and Accept Funding from the City of Alameda for Storm Drain Improvements and Amend the 2016 Budget: Robert W. Crown Memorial State Beach (Margulici/Lim/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize a funding partnership with the City of Alameda and accept funding to improve a City-owned storm drain as part of the Park Street Groin Extension Improvement Project at Robert W. Crown Memorial State Beach.
REVENUE/COST
This action proposes acceptance of approximately $40,000 from the City of Alameda of to improve a storm drain and for associated design costs. Funds would be budgeted into existing capital project (#508300) Restore Resource at Crown Beach. This project will expand the scope of the existing project but will not increase the operating costs of the District.
BACKGROUND
The Park Street Groin Structure Extension is Phase 2 of previous beach restoration work at Robert Crown Memorial State Beach. The project will extend the existing groin structure in order to protect habitat at the Elsie Romer Bird Sanctuary. The project is scheduled to go out to bid in mid-May and has a narrow construction window due to resource protection constraints. There is a deteriorated storm drain pipe located in the middle of the project area, which is owned by the City of Alameda. Due to its poor condition, maintenance and operations of the pipe is challenging. The drain is frequently blocked and, during rain, results in flooding on Shoreline Drive.
As part of the Groin Structure Extension design and planning, District staff met with City of Alameda Public Works staff in April 2016 to discuss the storm drain. District and City of Alameda staff determined that the best remedy to the frequent flooding is a renovation of the storm drain and pipe. The District’s design consultant proposed a three-part renovation: 1) add a new section of pipe, 2) repair concrete pipe at the outfall and 3) “slip-lining” a section of pipe under Shoreline Drive. The City of Alameda has reviewed and approved of this renovation plan. The City has
32 funds available and desires to pay for the storm drain improvement. The District is amenable to adding this task to the construction bid for the Groin Structure Extension.
As a result of the improvements, the City will be better able to maintain and operate the storm drain and pipe and prevent future flooding on Shoreline Drive.
ALTERNATIVES
No alternatives are recommended.
33 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
AUTHORIZATION TO PARTNER WITH AND ACCEPT FUNDING FROM THE CITY OF ALAMEDA FOR STORM DRAIN IMPROVEMENTS AND AMEND THE 2016 BUDGET: ROBERT W. CROWN MEMORIAL STATE BEACH
WHEREAS, the Park Street Groin Structure Extension is an existing District project scheduled to go out to bid in May 2016; and
WHEREAS, the City of Alameda owns a storm drain in the middle of the abovementioned project that is in need of renovation and improvement to reduce flooding on Shoreline Drive; and
WHEREAS, the District has proposed a plan for improving the storm drain as part of the Groin Structure Extension Project and the City of Alameda has approved of these plans; and
WHEREAS, the City of Alameda has funds available and desires to partner with the District to fund these improvements; and
WHEREAS, District procedures require Board Approval to accept unbudgeted outside funding; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby:
1. Approves the acceptance of funding from the City of Alameda up to the amount of the contract; and
2. Approves an amendment to the scope of the existing Restore Resource project 508300; Park Street Groin Structure Extension to include the storm drain improvements; and
3. Authorizes and directs the General Manager, on behalf of the District and in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the contract.
34 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 May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
35 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Funds X From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA-Design Account Name: Expense: OTA-Design Administration-Crown Beach-Other Administration-Crown Beach-Other Services/Restore Resource Project-Aid Services/Restore Resource Project- from Private Party-Contracted Work District Funds-Contracted Work
Account: 336-7110-409-6191/508300 Account: 336-7110-409-6191/508300 GLPP-000 $ 40,000.00 GLPP-009 $ 40,000.00 REASON FOR BUDGET CHANGE ENTRY
As being presented at the Board of Directors meeting on May 03, 2016, the General Manager recommends the acceptance of approximately $40,000 from the City of Alameda to improve a storm drain and for associated design costs. Funds would be budgeted into existing capital project (#508300) Restore Resource project. This project will expand the scope of the existing project but will not increase the operating costs of the District.
As approved at the Board of Directors Meeting on date: 5/3/2016 Board of Directors Resolution Number: 2016-05- Posted By: Posted date: Signature:
S:\MNGTSRVS\BOARD - FINANCE AND MANAGEMENT SVS\FOR DEBRA AND PAM REVIEW\2016\7 - May 3, 2016\C-1-g FIN Accept City of Alameda Funds for 508300.xlsx 1 of 1
36 SCALE DRAWING NO. SHEET NO. 1"=250' 1 CROWN BEACH - PARK STREET GROIN STRUCTURE EXTENSION DATE 1 OF PARK STREET AT SHORELINE DRIVE 4-22-16 1 ALAMEDA, CA PROJECT NO. 508300 CONTRACT NO. 01-16-409 EAST BAY REGIONAL PARK DISTRICT 37 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
I. CONSENT CALENDAR
h. Authorization to Convert One Full Time Equivalent (FTE) Senior Office Assistant to Office Specialist: Public Affairs Division (Beshears/Johnson)
RECOMMENDATION
The General Manager recommends the Board of Directors authorize the conversion of one Full Time Equivalent (FTE) Senior Office Assistant to Office Specialist, adjusting the authorized positions within the Public Affairs Division.
REVENUE/COST
As these two classifications earn the same wage and benefits, there will be no budget impact to make this change.
BACKGROUND
The Public Affairs Division has two clerical positions that perform work for the Regional Parks Foundation to handle membership processing, donor deposits and donor acknowledgement correspondence. Historically these positions, Senior Office Assistant and Office Specialist, have not shared work responsibility due to their different classifications. However, given the consistent growth of the Foundation’s revenue in the past five years, management and staff have identified ways to keep up with the growth by improving efficiencies which includes cross training clerical functions. Thus, Public Affairs recommends that both clerical positions performing work for the Foundation be at the same classification of Office Specialists. This requires the Senior Office Assistant position, which is currently vacant, to be converted to Office Specialist.
Human Resources concurs that converting the Senior Office Assistant to Office Specialist will maximize efficiencies within the Unit. District representatives met with ASFCME Local 2428 representatives in March and AFSCME concurs with management’s proposal to convert the Senior Office Assistant position to Office Specialist.
ALTERNATIVES
No alternatives are recommended.
38
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 - 05-
May 3, 2016
AUTHORIZATION TO CONVERT ONE FULL TIME EQUIVALENT (FTE) SENIOR OFFICE ASSISTANT TO OFFICE SPECIALIST: PUBLIC AFFAIRS DIVISION
WHEREAS, the District’s annual budget includes authorized funding appropriations and budgets for authorized positions approved by the Board; and
WHEREAS, review of the Public Affairs Division finds staffing adjustments are necessary to ensure positions are appropriately classified to meet current and future needs and improve efficiencies; and
WHEREAS, representatives of Public Affairs, Human Resources and AFSCME Local 2428 concurs that it is in the best interest of the District to convert one FTE position from Senior Office Assistant to Office Specialist in Public Affairs; and
WHEREAS, there is no increase in wage, benefits or FTE’s for this action and it within the current Public Affairs Division 2016 budget; and
WHEREAS, the General Manager concurs with this conversion; and
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the conversion of one FTE Senior Office Assistant position to Office Specialist in the Public Affairs Division; 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 May 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
39 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
i. Authorization to Revise Measure AA Project Budgets and Allocation Area Amounts (Burnor/Zenoni)
RECOMMENDATION
The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors authorize project funding source revisions and allocation area adjustments for Measure AA. On March 23, 2016, the Board Finance Committee reviewed this item and recommended its favorable consideration by the Board of Directors. The recommended action was also presented to the full Board at the Capital Finance Board Workshop on April 18, 2016.
REVENUE/COST
Staff recommends that the interest earnings allocations in three metro areas within the Measure AA project database be reduced by $1,800,000 to reflect the audited cash balance per the general ledger and that unspent (unappropriated) principal bond proceeds in those same three metro areas be re-allocated by the same amount. The net effect will be a reduction of $1,800,000 to the earned interest allocation and will balance the Measure AA project database to the actual cash available. The proposed adjustments are identified in the attached Exhibit A.
BACKGROUND
In November 1988, voters approved Measure AA which authorized the issuance of general obligation bonds in the principal amount of $225 million to finance the acquisition of parklands, development projects and grants to local agencies. The first Measure AA bonds were issued in 1989 with the final refunding bond issue completed in 2008. The District has successfully completed all of the local grant projects, funding to the Oakland Zoo and most of the acquisition and development projects authorized in the 1988 ballot measure.
All remaining bond proceeds and interest earned on those funds are held by the bond trustee, Union Bank, and reported to the Finance Committee and Board of Directors in
40 the Quarterly Investment Report. Various methods have been used over the past 27 years to track financial activity related to Measure AA, including recording all financial transactions in the District’s general ledger, and the use of a separate project database system for tracking projects and remaining balances by allocation area.
Staff has been working to reconcile the Measure AA general ledger which is equal to the actual, audited cash balance to the separate Measure AA project database. Between 1989 and 2008, six series of Measure AA bonds were issued. The cash balance available was reduced by eligible expenditures, including costs of issuance, bank fees, administrative costs and reimbursement requests to fund project costs and staff time. The general ledger/cash balance increased for interest earned on invested bond proceeds. The District’s Measure AA project database did not record all of that activity, but rather focused on District acquisition and development project budgets only.
The current, audited remaining balance of available bond proceeds held by the bond trustee is $15,839,210. The Measure AA project database reflects a total of $17,639,210, which includes: 1) funds available (unappropriated) totaling $11,989,901 and 2) approximately $5,649,309 budgeted in active projects that have not been reimbursed from proceeds. The difference between the actual cash balance and the Measure AA project database is $1,800,000. As indicated above, this difference is the result of the Measure AA project database having been limited to only tracking development and acquisition project costs and not including other eligible expenditures.
In order to bring the Measure AA project database system into balance with the actual remaining cash/bond proceeds remaining, staff has developed a recommendation for the Board of Directors consideration to exchange bond principal for the existing bond interest in three projects. To achieve this exchange, adjustments reducing five allocation areas ($600,000 from each metro) are required, moving principal to the associated metro allocation area, as described in Exhibit A.
ALTERNATIVES
No alternatives are recommended.
41 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
AUTHORIZATION TO REVISE MEASURE AA PROJECT BUDGETS AND ALLOCATION AREA AMOUNTS
WHEREAS, projects are unique in terms of budget appropriations; and
WHEREAS, the District tracks not only the project budget funding by specific source but also the predetermined allocation area balances from various bonds and measures; and
WHEREAS, projects and allocation areas sometimes require an adjustment to prior appropriations; and
WHEREAS, the Board Finance Committee reviewed the recommended project corrections at their meeting on March 23, 2016, and unanimously recommended favorable consideration of this item by the Board of Directors;
NOW THEREFORE, BE IT RESOLVED that the Board Directors of the East Bay Regional Park District hereby authorizes the exchange of $1,800,000 Measure AA Bond principal for Measure AA Bond interest; as well as the required adjustments to various Measure AA allocation area unappropriated amounts as outlined in the attached Exhibit A; and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director and adopted this 3rd day of May 2016, by the following vote:
FOR:
AGAINST: ABSENT: ABSTAIN:
42 Exhibit A
PROPOSED MEASURE AA BOND INTEREST FUNDING ADJUSTMENT
Existing Bond Target Funding Available In Remaining Use AA by Adjusting These Project Metro Location Project Description Interest Budget replacement Metro Now Need Allocation Areas
TXI-Pacific Custom Move Diablo Foothill 219202 DIABLO Carquinez Strait Materials $ 620,531 $600,000 $ - $600,000 allocation to Diablo Metro Move Shadow Cliffs to Schuhart II Pleasanton Sunol Tr allocation to South 205800 SOUTH Pleasanton Ridge Ridge 835,400 $600,000 - $300,000 Metro
Move Del Valle/Arroyo - $100,000 allocation to South Metro Move Garin to Mission Peak Trail allocation to South - $200,000 Metro Move MLK/Hayward to 218800 WEST Point Isabel MEC Land Holdings Inc 800,000 $600,000 - $600,000 West metro $ 2,255,931 $ 1,800,000 $ - $ 1,800,000
43 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
j. Authorization to Consolidate Remainder Measure AA Funds (Burnor/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the consolidation of remainder, unappropriated Measure AA project area allocations of under $150,000 into the consolidated Metro-area allocation accounts that were previously established as directed by the Board in Resolutions 2011-10-225 and 2014-02-51.
REVENUE/COST
There is no cost to the District by this action; authorization by the Board will enable staff to consolidate existing unappropriated remainder amounts allocated under Measure AA to individual project areas into metro-area accounts. Future appropriations of these consolidated accounts will be brought to the Board for approval at such time as projects are identified and recommended to the Board.
BACKGROUND
As projects from Measure AA have been completed, some project areas have remaining funding allocations that are not individually sufficient to use on park projects. At the Capital Finance Board Workshop on April 20, 2011, staff provided information to the Board on those allocation areas with balances of less than $150,000 remaining in their individual accounts and suggested that these funds be consolidated into the three Metro areas, retaining their designations of acquisition and capital development. Board members generally concurred with this suggestion and subsequently approved the policy along with the initial consolidations in Board Resolution 2011-10-225. A second round of consolidation was accomplished with Board Resolution 2014- 02-51.
Since the last consolidations in 2014, seven additional allocation areas have fallen below the $150,000 threshold. Exhibit 1 (attached) lists those project areas, both acquisition and development, that will be consolidated into the metro-area allocation project accounts. Staff will review the Measure AA project balances each year and propose any future adjustments or project consolidations for Board approval as the remaining Measure AA projects are completed.
44 This action does not recommend appropriation of any of these funds to specific projects, or for expenditure; however, it will provide the opportunity for staff to develop proposals for each metro for full use of these accumulated funds.
Measure AA is now 27 years old, and has been succeeded by Measure WW. This action will assist the District in moving toward final closure and expenditure of the very successful Measure AA program, simplify the District’s chart of accounts, and allow staff to focus on the Measure WW program.
ALTERNATIVES
The Board could choose not to consolidate these allocations. This would leave small, remnant amounts in these allocation areas, which would extend the closure of the bond program indefinitely and be difficult to utilize effectively. This is not recommended.
45 Exhibit 1
Measure AA Allocation Areas with under $150,000 Remaining
Metro Project Area Total Acq Dev
Diablo Bishop Ranch 78 - 78
Diablo Pittsburgh Wetlands 28,137 - 28,137
To Diablo Metro Consolidation Account 28,215 - 28,215
South Dell Valle Arroyo 118,429 118,429 -
South Garin/Dry Creek 6,879 6,879 -
South Garin to Mission Peak Trail 102,508 102,508 -
South Las Trampas to 680 1,928 1,928 -
South Niles Canyon 4,709 4,709 -
To South Metro Consolidation Account 234,453 234,453 -
West Martin Luther King 11,488 - 11,488 - To West Metro Consolidation Account 11,488 - 11,488
Total to Consolidation Accounts $274,156 $234,453 $39,703
46 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
AUTHORIZATION TO CONSOLIDATE REMAINDER MEASURE AA FUNDS
WHEREAS, as projects from Measure AA have been completed, some project areas have remaining funding allocations that are not individually sufficient to use on park projects; and
WHEREAS, staff provided information to the Board on those projects with balances of less than $150,000 remaining in their individual project accounts and suggested that these funds be consolidated and retained in accounts in acquisition and capital development categories by Metro, and the Board subsequently adopted Resolution No. 2011-10-225 directing these consolidations; and
WHEREAS, Measure AA is now 27 years old, has been supplanted by Measure WW, and this action will assist the District in moving toward final closure and expenditure of the Measure AA program, simplify the final account reconciliation, and allow staff to focus on the Measure WW program;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the completion and close out of five acquisition project areas and three development project areas; and
BE IT FURTHER RESOLVED, that the Board of Directors hereby authorizes the consolidation of approximately $234,453 to South Metro Acquisition, $28,215 to Diablo Metro Development, and $11,488 to West Metro Development; 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 May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
47 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
k. Authorization to Apply for Grant Funds from the U.S. Department of Justice for up to Two Police Officers: District-Wide (Margulici/Anderson/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize an application for grant funds from the U.S. Department of Justice for up to two police officers, District-wide.
REVENUE/COST
This action approves the submission of a grant application valued at $250,000 for salary and benefits of two police officers, District-wide for 36 months. The grant requires the District to then retain these officers at its own cost for one additional year.
The projected cost of these two officers for four years will likely not exceed $1.3 million. If awarded, the grant would fund $250,000 and the District General Fund would fund approximately $1.1 million.
BACKGROUND
The U.S Department of Justice through the Community Oriented Policing Services Program supports the efforts of law enforcement agencies across the country to develop creative and innovative ways to deal with long-standing community problems and public safety issues. Grants provide up to $125,000 per officer for approved entry-level salaries and fringe benefits of full- time officers for 36 months of grant funding. The grant requires the District to then retain these officers at its own cost for one additional year.
There is a need for additional police officers due to the expansion of District lands. Two officers were added in the 2016 budget and an additional two officers are anticipated in the 2017 “Pipeline.”
ALTERNATIVES
No alternatives are recommended.
48 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE FOR UP TO TWO POLICE OFFICERS: DISTRICT-WIDE
WHEREAS, the U.S Department of Justice through the Community Oriented Policing Services Program supports the efforts of law enforcement agencies across the country to develop creative and innovative ways to deal with long-standing community problems and public safety issues; and
WHEREAS, grants provide $125,000 funding for approved entry-level salaries and fringe benefits of full-time officers for 36 months for a total grant of $250,000; and
WHEREAS, the grant requires the District to fund all costs over and above the grant amount and then retain these officers at its own cost for one additional year;
WHEREAS, there is a need for additional officers due to the expansion of District lands and this need is anticipated in the 2017 Pipeline;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the filing of a grant application with the U.S. Department of Justice to hire up to two police officers District wide; and
BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services is authorized as the agent of the East Bay Regional Park District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendment, payment requests and performs such acts, which may be necessary for the completion of the aforementioned project; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is authorized to amend the current year’s budget, without further Board action, upon receipt of the executed grant contract. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the grant contract and the budgeting of District funds necessary to retain these officers for one additional year.
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 May, 2016, by the following vote:
49 FOR:
AGAINST: ABSTAIN: ABSENT:
50
Page Left Blank Intentionally
51 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
L. Authorization of Sole Source Agreement with Hallsten Corporation for the Purchase of New Aluminum Floating Dock System: Martin Luther King Jr. Regional Shoreline (Lebow/Barrington/O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize entering into a sole source contract with Hallsten Corporation of Sacramento, California for the purchase of a new aluminum floating dock system for the boat launch on Doolittle Drive at Martin Luther King Jr. Regional Shoreline.
REVENUE/COST
Purchase new aluminum floating dock from Hallsten Corporation for $30,438.
SOURCE OF FUNDS Study Doolittle Trail Section (#500100) $ 2,064,400 Expended/Encumbered to Date $ 1,473,668 BALANCE $ 590,732
USE OF FUNDS Purchase Dock from Hallsten Corporation $30,438 REMAINING $ 560,294
BACKGROUND
The two wooden docks on the boat launch ramp, on Doolittle Drive, at Martin Luther King Jr. Regional Shoreline are a safety concern for staff. These wooden docks are both rotted, broken, unstable and unsafe for their intended use. Last month, one of the docks was removed due to its poor condition, and will not be replaced at this time. The replacement of this dock will be a component of the larger Doolittle Bay Trail and Boat Launch renovation project currently being studied by the Acquisition, Stewardship and Development Division. In order to preserve public
52 access the remaining dock needs to be replaced now. This new dock may need to be redesigned, moved to a new location, or repurposed when the Bay Trail and boat launch project at Doolittle is completed.
The recommended vendor, Hallsten Corp. will replace the wood floating dock with a new aluminum floating dock and gangway. Aluminum docks are more durable than the existing docks and remove chemically treated wood from the environment. The new dock will match the size and configuration of the existing dock and will utilize the existing abutment, which have been determined to be structurally sound.
The District has purchased Hallsten Corporation products as a standard for numerous lake and shoreline recreation facilities, including Temescal, Shadow Cliffs and Del Valle. District Counsel has reviewed the staff recommendation and concurs with the sole source contract recommendation.
ALTERNATIVE
No alternative recommended.
53 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
AUTHORIZATION OF SOLE SOURCE AGREEMENT WITH HALLSTEN CORPORATION FOR THE PURCHASE OF NEW ALUMINUM FLOATING DOCK SYSTEM: MARTIN LUTHER KING JR. REGIONAL SHORELINE
WHEREAS, the District proposes replacing the existing wood floating dock with a new aluminum floating dock for the boat launch on Doolittle Drive at Martin Luther King Jr. Regional Shoreline; and
WHEREAS, Hallsten Corporation, located in Sacramento, California, has provided a proposal to fabricate and furnish the necessary docks; and
WHEREAS, the District has specified and purchased Hallsten Corporation products as a standard for numerous lake and shoreline recreation facilities and District Counsel has reviewed and concurs with the sole source recommendation;
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a sole source agreement with Hallsten Corporation of Sacramento, California for the purchase of one new aluminum floating dock for Martin Luther King Jr. Regional Shoreline at a cost of $30,438 from project account (#500100); 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 May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
54 LEGAL & ASD DIVISION AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
2. LEGAL AND ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISIONS
a. Authorization to Enter into an Amended and Restated Memorandum of Understanding with Union Pacific Railroad Regarding Recreational Trail Right-of-Way Over Railroad Property for Public Shoreline Access: District- Wide Musbach/Dougan/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize entry into an Amended and Restated Memorandum of Understanding (“MOU”) with Union Pacific Railroad (“UPRR”). The MOU will allow the East Bay Regional Park District (“District”) to obtain rights for multi-use trail overcrossings, at-grade crossings and longitudinal trails along active UPRR rail lines at six locations in Contra Costa County. The MOU updates rights granted to the District in a prior agreement from 1996. The MOU refines the list of projects identified in the prior agreement, establishes timelines and detailed steps for processing each future project, and continues to obligate UPRR to funding contributions.
REVENUE/COST
Sources of funding for the future execution of the six individual right-of-way and project construction agreements will be accepted, transferred and appropriated to separate capital acquisition and capital improvement project accounts in future Board actions as these projects proceed toward construction. Funding for individual projects is proposed to come from Measure WW acquisition and development funds for the San Francisco Bay Trail and Wildcat Creek Regional Trail allocation areas. UPRR will also contribute a total of $3.8 million to the completion of these trail connections.
BACKGROUND
In 1996, the District filed an objection to the proposed merger between the Union Pacific and Southern Pacific railroads based on environmental impacts including obstructions to public shoreline access due to increased rail traffic on the Oakland-to-Martinez and Martinez-to- Brentwood rail lines. The federal Surface Transportation Board (STB) conditioned its approval of the merger on UPRR’s compliance with an MOU negotiated with the District. The 1996 MOU requires UPRR to provide right-of-way and financial contributions for several trail
55 connections across UPRR land. In 1998, the District and UPRR agreed to amend the MOU to replace a few crossings with alternative alignments and to add new crossings, in part generated by land exchanges associated with the City of Martinez’s Intermodal Project.
In the several years that followed these negotiations, the right-of-way promised in the MOU was conveyed at only two locations. Delays associated with two current projects in particular, Atlas Road Bridge and Pinole Shores to Bayfront Park, renewed the parties’ interest in renegotiating the MOU. The revised MOU addresses the issues that caused delays under the original agreement. The MOU provides timelines and a detailed process for UPRR’s review and approval of plans. In addition, for each individual project, the parties have negotiated a form construction and maintenance agreement, easement and license forms, right-of-entry agreements, and other ancillary agreements. These forms are attached to the MOU and will be ready for final execution as each project moves forward. The revised MOU also provides a detailed dispute resolution process. All of these provisions will help prevent delay for future projects.
Under the terms of the revised MOU, UPRR is obligated to provide right-of-way for recreational trail connections at the following six locations. UPRR will contribute a total of $3,880,500 to the capital cost of these projects:
1. Pinole Shores to Bayfront Park Grade-Separated Crossing and Trail Easement. a. Closes gap in SF Bay Trail along San Pablo Bay Regional Shoreline in Pinole. b. UPRR will contribute $2,030,500 toward construction of the bridge. c. District will continue to maintain existing fence at Wilson Point. d. District will assist UPRR’s permit application to upgrade fence at Wilson Point to current UPRR standards, and will plant vegetative barrier at Wilson Point. e. District will provide signage at Wilson Point redirecting park users to Pinole Shores for shoreline access, approximately one mile away.
2. Martinez Shoreline/Nejedly Staging Area Longitudinal Trail Easement. a. Closes gap in SF Bay Trail along Martinez Regional Shoreline in Martinez. b. UPRR will contribute $300,000 toward any necessary slope stabilization. c. District will convey an acre land of UPRR in support of Intermodal Project. (Previously approved by the Board as part of the 1998 MOU.)
3. Lone Tree Point Grade-Separated Crossing. a. Connects Lone Tree Point parklands to SF Bay Trail along San Pablo Bay Regional Shoreline in Rodeo. b. UPRR will contribute $1,400,000 toward construction of the bridge. c. District will repair and continue to maintain existing fencing. d. District will provide signage directing park users to existing Pacific Avenue overcrossing until new bridge at Lone Tree is constructed.
4. Carquinez Strait/TXI “Brickyard” Property At-Grade Crossing. a. Connects body of District’s TXI property to shoreline along Carquinez Strait Regional Shoreline near Port Costa.
56 b. UPRR will contribute $150,000 towards the at-grade crossing construction. c. Replaces location identified in 1996 agreement at White’s Resort, ¼ mile away.
5. Wildcat Creek Trail Bridge Footings. a. Completes segment of Wildcat Creek Trail in Richmond. b. Includes UPRR conveyance of bridge footing easement and aerial license at no cost. c. No financial contribution to capital cost from UPRR.
6. Point Pinole/Seaview School Recreational Trail Easement. a. Connects gap in SF Bay Trail along San Pablo Bay Regional Shoreline in Pinole. b. Includes UPRR conveyance of longitudinal trail easement at no cost. c. No financial contribution to capital cost from UPRR.
As part of the renegotiation of the MOU, the District agreed to release UPRR from right-of- way obligations at some locations originally identified in the earlier agreements. The 1996 and 1998 MOUs identified trail connections for which there was an immediate need and also those for which there might be a need in the future. Accordingly, not all of the right-of-way locations identified in the original MOUs are feasible or likely to be utilized by the District. The final list of crossings in the revised MOU releases UPRR from some right-of-way obligations in exchange for UPRR’s commitment to timely completion of the projects that are the highest priority to the District.
The following tables show the trail connections that UPRR is obligated for under the Amended and Restated MOU, and the trail connections that were not carried forward from the original MOUs:
Table 1.1: UPRR RIGHT-OF-WAY OBLIGATIONS TO BE COMPLETED UNDER THE REVISED MOU AND ALREADY COMPLETED UNDER ORIGINAL MOU:
LOCATION OF UPRR ROW STATUS and UPRR CONTRIBUTION 1. Pinole Shores to Bayfront Park MOU obligation; UPRR has conceptually overcrossing and trail approved plans; $2.03MM 2. Nejedly Staging Area to Berrellesa Street MOU obligation; UP has conceptually longitudinal trail approved; up to $300K for slope stabilization 3. Lone Tree Point overcrossing MOU obligation; $1.4MM 4. Brickyard/TXI, Port Costa At-Grade MOU obligation; replaces nearby White’s Crossing Resort location from 1996 MOU; $150K 5. Seaview School Longitudinal Trail MOU obligation 6. Wildcat Creek bridge footings MOU obligation 7. Eckley Pier At-Grade Crossing Complete; Constructed per 1996 MOU 8. Neroly Road/Oakley At-Grade Crossing Complete; Constructed per 1996 MOU 9. Atlas Road Bridge Complete; UP right-of-way conveyed 2015
See map attached, titled “UPRR MOU Right-of-Way Obligations: Future and Conveyed.”
57 Table 1.2: UPRR ROW OBLIGATIONS RELEASED FROM REVISED MOU:
LOCATION OF UPRR ROW STATUS 1. Pinole/Railroad Ave Longitudinal Trail Trail completed on adjacent property (Chelsea Wetlands/State Lands); UP ROW not needed 2. HPI/Pacific Refinery Longitudinal Trail Trail completed on adjacent property, UP ROW not needed 3. Pinole/Tennent Street West Longitudinal Trail segment follows public street and Trail sidewalk from at-grade crossing to Bayfront Park; UP ROW not needed 4. Richmond/Breuner Marsh Longitudinal Trail realigned to avoid UP land; UP ROW Trail not needed 5. White’s Resort at-grade crossing Trail crossing relocated to nearby Brickyard/TXI included in revised MOU 6. Wilson Point overcrossing Not likely to occur due to high cost of grade separation project and limited benefit of small landing parcel on water side. 7. Port Costa/Port Costa Light at-grade No existing destination; unlikely due to crossing and trail at end of town limited benefit. 8. Valona at-grade crossing and longitudinal Short trail ending at sewage treatment plant; trail near downtown Crockett, under District does not own rights to shoreline; Carquinez Bridge unlikely due to limited benefit. 9. Eckley longitudinal trail Not feasible due to limited shoreline area near Eckley Pier.
See map attached, titled: “UPRR MOU Right-of-Way Obligations: Replaced or Released”
CONCLUSION
In sum, together the original and revised MOUs will result in a total of nine separate recreational trail alignments over UPRR right-of-way (three completed: Eckley Pier, Neroly Road, Atlas Road; six to be completed: Pinole Shores, Nejedly/Berrellesa, Lone Tree, Brickyard, Seaview, Wildcat). If approved by the Board, the Amended and Restated MOU will provide greater assurance that the six future projects will be completed in a timely manner, including over $3.8MM in contributions from the railroad.
Staff will seek Board approval for the acceptance, transfer and appropriation of future capital funding to support the execution of individual ROW agreements and construction of the six subject projects at a later date. Staff recommends that the Board authorize entering into the Amended and Restated MOU at this time.
ALTERNATIVES
No alternatives are recommended.
58 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 05 -
May 3, 2016
AUTHORIZATION TO ENTER INTO AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WITH UNION PACIFIC RAILROAD REGARDING RECREATIONAL TRAIL RIGHT-OF-WAY OVER RAILROAD PROPERTY FOR PUBLIC SHORELINE ACCESS: DISTRICT WIDE
WHEREAS, in 1996 the District entered into a Memorandum of Understanding (“MOU”) with the Union Pacific Railroad (“UPRR”) as ordered by the federal Surface Transportation Board (STB) as a condition of UPRR’s proposed merger with Southern Pacific Railroad, and as approved by the Board in Resolution No. 1996-07-177 dated July 2, 1996; and
WHEREAS, the aforementioned 1996 MOU was amended as approved by the Board in Resolution No. 1998-07-167 on July 21, 1998 in order to exchange a few crossings for other alternatives and to accommodate the City of Martinez’s Intermodal Project as well as more recent District parkland acquisitions and development projects; and
WHEREAS, the original settlement agreement resulting in the 1996 MOU left much of the implementation of projects subject to further negotiation with UPRR resulting in significant project delays;
WHEREAS, in the spirit of a renewed commitment to jointly providing public facilities along the East Bay shoreline, the District and UPRR more recently agreed to negotiate an Amended and Restated MOU; and
WHEREAS, the Board of Directors authorized negotiations with UPRR for the six subject trail alignments by Resolution No. 2016-04-071, approved April 5, 2016; and
WHEREAS, the Amended and Restated MOU will allow the District to promote safe public access to the North Richmond, Point Pinole, San Pablo Bay, Carquinez Strait and Martinez Regional Shorelines, as well as complete critical segments of the San Francisco Bay Trail and Wildcat Creek Regional Trail; and
WHEREAS, the Amended and Restated MOU addresses the issues from the original 1996 agreement that caused delay and includes detailed procedures for plan review and dispute resolution;
WHEREAS, under CEQA and the District’s Environmental Review Manual, this project 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
59 Regional Park District hereby authorizes the General Manager to enter into the Amended and Restated Memorandum of Understanding with UPRR Regarding Recreational Trail Easements Over Railroad Property for Public Shoreline Access; 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 allocate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director and adopted this 3rd day of May, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
60 East Bay Vicinity Regional Park District UPRR MOU ROW OBLIGATIONS: Future and Conveyed 0 0.75 1.5 Miles 1 inch [
Inset Map Location Map
7 Inset Map Main Map
8 3 4
2
1 5 9
6
Future ROW Conveyed ROW 1 Pinole Shores to Bayfront Park 7 Eckley Pier 2 Nejedly Staging Area to Berrellesa 8 Neroly Road 3 Lone Tree Point 9 Atlas Road Bridge 4 Brickyard / TXI 5 Seaview School 6 Wildcat Creek Trail 61 O:\GIS\Land\Projects\BoardMaps\UPRR_MOU\UPRR_MOU_overview_future_conveyed.mxd Date: 4/14/2016 East Bay Vicinity Regional Park District UPRR MOU ROW OBLIGATIONS: Replaced or Released 0 0.75 1.5 Miles 1 inch [
Location Map '8 '9 '7
'2 '5
'1 6 ' '3
'4
Replaced ROW Released ROW '1 Railroad Avenue '6 Wilson Point '2 HPI / Pacific Refinery '7 Port Costa '3 Tennent Street '8 Valona '4 Breuner Marsh '9 Eckley '5 White's Resort
62 O:\GIS\Land\Projects\BoardMaps\UPRR_MOU\UPRR_MOU_overview_replaced_released.mxd Date: 4/14/2016 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Award a Contract to San Rafael Rock Quarry, Inc. for the Breuner Marsh Restoration and Public Access Project Phase 3 (2016); Amend Professional Services Contracts with Ghirardelli Associates and Questa Engineering Corporation; Pay City of Richmond Fees; and Transfer and Appropriate Funds Including Use of Measure WW Reserves: Point Pinole Regional Shoreline (Barton/Nisbet)
RECOMMENDATION
The General Manager recommends the Board of Directors take the following actions:
1. Authorize the award of a contract in the amount of $4,337,720 to San Rafael Rock Quarry, Incorporated, San Rafael, California, the lowest responsible bidder for Breuner Marsh Restoration and Public Access Project Phase 3 at Point Pinole Regional Shoreline; and 2. Approve a construction contingency in the amount of $650,658 (15% of $4,337,720), and $20,000 for District administration; and 3. Approve 10-year post construction permit compliance funding in the amount of $920,000; and 4. Approve an amendment to professional services contract with Ghirardelli Associates, Oakland, California, in the amount of $256,691 for construction management services; and 5. Approve an amendment to professional services contract with Questa Engineering Corporation, Richmond, California, in the amount of $200,000 for design support during construction and environmental compliance services; and 6. Approve payment of building permit fee to City of Richmond in the amount of $37,166; and 7. Authorize the transfer and appropriation of $3,947,044 into Project #148000 which includes the use of $857,540 in Measure WW contingency reserves.
REVENUE/COST
To date, $10,253,831 ($8,138,830 of which is grant funding) has been budgeted to the total project including all three phases. Previously, staff has shared with the Board that the total cost
65 estimate for the project exceeds the current budget. When the Board awarded the construction contract for Phase 2 of the project, the total project cost was estimated at $12.3M. With bid results in for Phase 3 construction the total project cost has increased 15% ($1.9M) to $14.2M. This cost increase is primarily related to a less favorable bidding climate over the past year and the following potential uncertainties during construction: 1. Specialized construction work at a highly constrained site. Phase 3 involves building a concrete boardwalk across tidally inundated wetlands with a number of uncertainties: a. Wet (Giant marsh) – Work in wet/saturated soils slows production & requires specialized experience to effectively operate heavy equipment and deliver materials. b. Noise (CEQA) – CEQA mitigation measure places noise restriction on driving piles. This may slow production and/or may require special techniques that cost more. c. Union Pacific Railroad (UPRR) – Close proximity to UPRR tracks require extra level of safety and/or require special techniques to ensure safety near UPRR right-of-way (ROW). d. Permit Restrictions (species related) –Giant Marsh is very high quality habitat for federally endangered Ridgeways rail and Saltmarsh harvest mouse. Measures must be taken to ensure the project will not harm these species. 2. Construction Window - Related to permit restrictions above, the contractor has a limited number of work days to produce over $4M in construction work. The schedule has approximately 6 weeks between September 1, 2016 and October 15, 2016 where there are minimal work restrictions. If certain conditions are met work can continue from October 15, 2016 through January 31, 2017. Productivity during this period is dependent on the weather.
Professional services costs have increased by 22% because construction of public access improvements was bifurcated into 2 phases due to complications with satisfying requirements of “Planned Conservation Area” (PCA) grant funding. This resulted in an expanded scope of work for consultants to produce an additional bid package for Phase 3, and provide design support, environmental compliance and construction management services for an additional construction season (out of scope work). Funding for the project is shown in the table below:
Breuner Phase 1, 2 and 3 Funding Grant Funding Sources Amount Federal Highway Administration (PCA Funds) $1,120,831 TEA: Rec. Trails Program $648,000 USFWS $920,000 Environmental Protection Agency $1,500,000 CA Dept. of Fish & Game $950,000 CA Coastal Conservancy $1,250,000 Wildlife Conservation Board $1,000,000 Department of Water Resources $750,000 GRANT FUNDING TOTAL $8,138,831
66
District Funding Sources Amount Restore Breuner Measure CC $925,000 Restore Breuner Bay Trail WW $600,000 Restore Breuner N. Richmond WW $450,000 Restore Breuner Gen. Fund $15,000 Restore Breuner Resource Enhancement $125,000 DISTRICT FUNDING TOTAL $2,115,000
TOTAL FUNDING TO DATE $10,253,831 (Grants + District Funds) TOTAL PROJECT COST $14,200,875 (Completion of All Project Phases) UNFUNDED $3,947,044 (Amount Proposed for Transfer of Funds)
SOURCE OF FUNDS Capital Development Project Restore Breuner $10,253,831 Marsh (148000) – See separate table above for breakdown of total funding to date (8,058,597) Pending Disencumbrances 279,957 AVAILABLE BALANCE $2,475,191
Transfer from (listed in order of preferred usage): Measure CC Build Bay Trail/North Richmond Wetlands $249,960 (150200) Measure CC Build Bay Trail/Atlas Road (506900) 500,000 Measure CC Wetland Study at N. Richmond (500200) 324,644 Measure CC Restore Richmond Shoreline (515300) 500,000 Measure CC Giant Marsh Restoration (Line #73) 324,000 Measure WW Development, Bay Trail (WP06) 1,000,000 Measure WW Development, Build Carquinez Scenic 190,900 Trail (148500) Measure WW Development Contingency (WP68) 857,540
Total Transfer to Project #148000 (Restore Breuner $3,947,044 Marsh)
Revised Balance Project #148000 ($2,475,191+ $3,947,044) $6,422,235
67 USE OF FUNDS Construction Contract Base Bid $4,337,720 Construction Contingency (15%) 650,658 District Administration 20,000 10 Year Post Construction Permit Compliance 920,000 Professional Services Budget Augmentation 456,691 City of Richmond Fees 37,166 PHASE 3 TOTAL $6,422,235
Staff considered other funding options for the project which included using some of the $1,090,055 available from the Measure CC Reserve Fund or using additional Measure WW funds for the San Francisco Bay Trail, however the funding proposed is recommended over these options. Any modification to the Measure CC project list required by this action will be incorporated into the project descriptions shown on the 2017 Measure CC Expenditure Plan.
BACKGROUND
The project is being implemented in phases with Phase 1 (2014) mass grading and habitat restoration completed in 2014; and Phase 2 (2015) public access improvements completed in January/February 2016 by RGW Construction, Livermore, CA. Phase 2 (2015) included a staging area, vault restrooms, Bay Trail to picnic area, picnic area and park furnishings, spit trail, overlook areas, and Rheem Creek Bridge.
Phase 3 (2016) is the final project phase. It will complete the segment of Bay Trail from the end of Goodrick Avenue to Point Pinole. Three elevated concrete boardwalk structures will cross over tidal marsh and sloughs. The boardwalks are designed for durability, very low maintenance and to meet San Francisco Bay Trail standards. In addition to reducing overall long term operation and maintenance costs, the use of durable materials for the boardwalks also minimizes potential environmental impacts (and regulatory permit approval) that could result from maintenance/replacement of rotting piers and decking.
A formal Notice to Bidders for the Phase 3 (2016) public access improvement project was published on March 11, 2016 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges, eBidboard and BPXpress online planroom. The District received 3 bids, one (1) bid was not responsive. San Rafael Rock Quarry Inc., San Rafael CA is the apparent responsive low bidder and recommended for contract award. The basis for determination of low bid on this project is the aggregate amount of the bidder’s Base Bid.
NAME OF BIDDER TOTAL BASE BID
San Rafael Rock Quarry Inc. San Rafael CA $4,337,720
Gordon N. Ball Inc., Alamo CA $5,220,855 Pacific States Environmental Contractors, Dublin CA Non Responsive
DISTRICT ESTIMATE: $3,344,000
68 The project is tentatively scheduled for completion in spring 2017.
CEQA
Work to be performed under the Phase 3 (2016) construction contract is within the scope of the Environmental Impact Report (EIR) prepared for the Breuner Marsh Restoration and Public Access Project and is proposed to be constructed consistent with the mitigation measures identified in the EIR. As summarized in the CEQA findings, which were adopted by the Board of Directors on July 3, 2012, by Board Resolution No. 2012-07-165, potentially significant impacts identified for the project can be mitigated to a less than significant level.
ALTERNATIVES
No alternatives are recommended.
69 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO. 2016 – 05 -
May 3, 2016
AUTHORIZATION TO AWARD A CONTRACT TO SAN RAFAEL ROCK QUARRY, INC. FOR THE BREUNER MARSH RESTORATION AND PUBLIC ACCESS PROJECT PHASE 3 (2016); AMEND PROFESSIONAL SERVICES CONTRACTS WITH GHIRARDELLI ASSOCIATES AND QUESTA ENGINEERING CORPORATION; PAY CITY OF RICHMOND FEES; AND TRANSFER AND APPROPRIATE FUNDS INCLUDING USE OF MEASURE WW RESERVES: POINT PINOLE REGIONAL SHORELINE
WHEREAS, the East Bay Regional Park District (District) desires to create, restore and enhance wetlands and grasslands and provide new public access to the San Francisco Bay shoreline at Breuner Marsh in Point Pinole Regional Shoreline; and
WHEREAS, this construction contract for Phase 3 (2016) public access improvements will complete the segment of the San Francisco Bay Trail from the end of Goodrick Avenue to Point Pinole; and
WHEREAS, funds have been appropriated into Project #148000, Restore Breuner Marsh, for this purpose and funds are available for transfer and appropriation from Measure CC and Measure WW; and
WHEREAS, the District advertised for bids for Breuner Marsh Restoration and Public Access Improvement Project Phase 3 (2016) and received 3 bids, one of which was non- responsive; and
WHEREAS, San Rafael Rock Quarry, Incorporated, San Rafael, California was the lowest responsive responsible bidder; and
WHEREAS, regulatory permits issued for the project require habitat monitoring and related vegetation management for 10 years to meet performance criteria stipulated in the permits; and
WHEREAS, the City of Richmond requires payment of a $37,166 fee for issuance of a building permit for Phase 3 (2016) work; and
WHEREAS, the approved budget for professional services contracts for Ghirardelli Associates construction management is $1,006,262 (Resolutions 2014-05-113 and 2014-11-288) and $1,336,974 for Questa Engineering Corporation design support and environmental compliance (Resolutions 2012-07-175, 2014-06-159, and as amended July 6, 2015); and
70 WHEREAS, Phase 3 (2016) requires additional professional services beyond the scope of existing contracts with Ghirardelli Associates (construction management) and Questa Engineering Corporation (design support and environmental compliance);
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto, which will transfer $249,960 from Measure CC Build Bay Trail/North Richmond Wetlands (Line 61, #150200); $500,000 from Measure CC Build Bay Trail/Atlas Road (Line 54, #506900); $324,644 from Measure CC Wetlands Study at N. Richmond (Line 69, #500200); $500,000 from Measure CC Restore Richmond Shoreline (Line 76, #515300); $324,000 from Measure CC Giant Marsh Restoration (Line 73); $1,000,000 from Measure WW Development, Bay Trail (WP06); $190,900 from Measure WW Build Carquinez Scenic Trail (148500); and $857,540 from Measure WW Development Contingency (WP68), for a total amount of $3,947,044, and appropriate those funds to Project #148000; and
BE IT FURTHER RESOLVED that the Board of Directors of the East Bay Regional Park District authorizes the award of a contract to San Rafael Rock Quarry, Incorporated, San Rafael, California in the amount of $4,337,720; sets aside a construction contingency in the amount of $650,658; $20,000 for District administration; $920,000 for 10 years of post- construction permit compliance; and $37,166 for City of Richmond permit fees; in Project #148000 (Restore Breuner Marsh: Pt. Pinole); and
BE IT FURTHER RESOLVED that the Board of Directors of the East Bay Regional Park District approves amendments to professional services contracts and sets aside funds in the amount of $256,691 for Ghirardelli Associates construction management services; and $200,000 for Questa Engineering Corporation design support and environmental compliance services in Project #148000 (Restore Breuner Marsh: Pt. Pinole); 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 May, 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
71 POINT PINOLE REGIONAL SHORELINE East Bay Regional Park District Breuner Marsh Habitat Restoration Environmental Review and Public Access Project June 18, 2012 t:/bstone/mxd projects/rep/ pp_breuner06-2012(Pg 2).mxd FIGURE 2 PROJECT PLAN
GENERAL LOCATION
72 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation X Between Funds From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Account Name: Expense: Capital Fund- Trails Department-Carquinez Strait- Environmental Programs Depart.-Point Construction-Build Carquinez Scenic Trail- Pinole-Construction-Restore Breuner Measure WW Bay Trail, Devlopment Marsh-Measure CC-Contracted Services Allocation Area - Contracted Services
Account: 333-7340-469-7020 / Account: 333-7350-496-7020 / 148500WP06-009 $ 190,900 148000MCCT-009 $ 1,898,604 Account Name: Expense: Capital Fund- Account Name: Expense: Capital fund- Design & Construction Depart-No. Environmental Programs Depart.-Point Richmond Wetland-Construction-Build Pinole-Construction-Restore Breuner Bay Trail Segment-Measure CC, line 61 - Marsh-Measure WW Bay Trail Contracted Services Development Allocation
Account: 333-7120-452-7020 / Account: 333-7350-496-7020 / 150200MCCT-009 $ 249,960 148000WP06-009 $ 1,190,900 Account Name: Expense: OTA Fund- Account Name: Expense: Capital fund- Stewardship Depart-Point Pinole- Environmental Programs Depart.-Point Construction-Build Bay Trail Atlas Road- Pinole-Construction-Restore Breuner Measure CC, line 54- Contracted Marsh-Measure WW Contingency Services Development Allocation
Account: 336-7420-496-6191 / Account: 333-7350-496-7020 / 506900MCCT-009 $ 500,000 148000WP68-009 $ 857,540 Account Name: Expense: OTA Fund- Stewardship Depart-North Richmond Wetlands-Construction-Wetlands Study- Measure CC, line 69 - Contracted Services
Account: 336-7420-452-6191 / 500200MCCT-009 $ 324,644 Account Name: Expense: Capital- Design & Construction Department-Point Molate-Construction-Restore Richmond Shoreline-Measure CC Line 76- Contracted Services
Account: 336-7420-464-6191 / 515300MCCT-009 $ 500,000
S:\MNGTSRVS\BOARD - FINANCE AND MANAGEMENT SVS\FOR DEBRA AND PAM REVIEW\2016\7 - May 3, 2016\C-3-a ASD 148000 Restore Breuner Marsh multiple transfers.xlsx TRANFER BETWEEN FUNDS Account Name: Expense: Measure CC Account Name: Expense: Capital Fund- Fund-Non Departmental-District Wide- Non Departmental-District Wide-Transfer Transfer Out In
Account: 226-9110-000-9980 $ 324,000 Account: 333-9110-000-3980 $ 1,648,644 Account Name: Expense: Other Than Asset Fund-Non Departmental-District Wide-Transfer Out
Account: 336-9110-000-9980 $ 1,324,644 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on May 3, 2016, the General Manager recommends that the Board of Directors authorize the appropriation of $857,540 from Measure WW Contingency Development allocation; $1 million from Measure WW Bay Trail Development allocation; $324,000 from Line 73 Measure CC Fund and the transfer of multiple project Measure CC and Measure WW balances to augment the existing project budget to Restore Breuner Marsh. As approved at the Board of Directors Meeting on date: 5/3/2016 Board of Directors Resolution Number: 2016-05- Posted By: Posted date: Signature:
S:\MNGTSRVS\BOARD - FINANCE AND MANAGEMENT SVS\FOR DEBRA AND PAM REVIEW\2016\7 - May 3, 2016\C-3-a ASD 148000 Restore Breuner Marsh multiple transfers.xlsx BOARD AND STAFF REPORTS
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
4. BOARD AND STAFF REPORTS
a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle)
Contra Costa County Board of Supervisors—Marsh Creek Corridor Multi-Use Trail Concept
On April 12, 2016, the Contra Costa Board of Supervisors adopted a resolution supporting the concept of a Marsh Creek Corridor Multi-use Trail, requesting consideration to include the project in the sales tax measure currently under consideration by the Contra Costa Transportation Authority, and directing staff to develop a scope of work for a feasibility analysis for the project. Marsh Creek Road is a major thoroughfare that connects central and east Contra Costa County. The Marsh Creek Regional Trail currently runs from Big Break Regional Shoreline in Oakley from the Brentwood city limit along Marsh Creek Road to the Round Valley Regional Preserve. The proposed new trail would create a new, non-motorized east-west thoroughfare for expanded commuting and recreational opportunities. It would provide access to Mount Diablo and the existing Marsh Creek Trail in Brentwood and Oakley. Once completed, the trail would connect downtown Concord to Oakley. County staff is expected to request that similar resolutions be adopted by potential partner agencies, including the District.
City of Concord – Concord Reuse Project Master Developer Selection
On April 13, 2016, the Concord City Council, sitting as the Local Reuse Authority, voted 3-0 with Councilmembers Leone and Grayson recusing themselves, to direct staff to re-open negotiations with Lennar Urban to address specific areas of concern within their proposed Term Sheet to become the Master Developer of Phase I of the Concord Reuse Project. The Council also directed staff to analyze alternatives for selection of a Master Developer, including having the City serve as the Master Developer or establishing a Joint Powers Authority to oversee the project. The process to select a Master Developer for the initial phase of development of the former Concord Naval Weapons Station stalled in September when one of the competing development firms, Catellus, expressed concerns with the process. Catellus withdrew from the process on March 28th, leaving Lennar Urban as the only remaining firm under consideration. The Council will consider a revised Term Sheet from Lennar and alternative development scenarios at their meeting on May 3rd.
73
Event Calendar May - June 2016 Board Meeting Date: May 3, 2016
Date Day Time Event Location Sponsoring Organization Black Diamond 5/8/16 Sunday Noon – 4:00 p.m. Hazel-Atlas Mine Tours Mines EBRPD Memorial Day 5/30/16 Monday 10 a.m. – 12:30 p.m. Open House Coyote Hills EBRPD Memorial Day 5/30/16 Monday 10 a.m. – 4 p.m. Free Admission Ardenwood EBRPD Memorial Day 5/30/16 Monday 10 a.m. – 4 p.m. Open House Crab Cove EBRPD
6/5/16 Sunday 10 a.m. – 3:30 p.m. Butterfly & Bird Festival Coyote Hills EBRPD Alameda Rotary Club 6/10/16 Friday 5:30 – 7:30 p.m. Concert at the Cove Crab Cove & EBRPD Bayview Women's Club, EBRPD, Alameda Youth Committee and Sand Castle & Alameda Recreation 6/11/16 Saturday 9:00 a.m. – 1 p.m. Sculpture Contest Crown Beach and Park Department June 12, 19 & 26 Sundays 1 – 3 p.m. Historic Hay Harvest Ardenwood EBRPD
74 GM COMMENTS
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, May 3, 2016
C. BUSINESS BEFORE THE BOARD
5. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION Regional Parks Foundation Development Director Juliana Schirmer will present highlights of partnerships planned by the foundation in 2016.
GM COMMENTS The District has been awarded two grants from the Habitat Conservation Fund, administered by California State Parks. A grant of $200,000 will be used to construct the Tyler Ranch Staging Area in Pleasanton Ridge Regional Park, which includes construction of the park entrance, parking lot and picnic facilities, and planting of trees. An additional $200,000 was awarded to replace five deteriorated bridges on the Dry Creek Trail at Garin/Dry Creek Pioneer Regional Parks. The Habitat Conservation Fund allocates approximately $2 million each year to cities, counties, and districts for nature interpretation programs to bring urban residents into park and wildlife areas, protection of various plant and animal species, and acquisition and development of wildlife corridors and trails.
OPERATIONS DIVISION
Interpretive and Recreation Services Department Northwest Region Coyote Hills: In March, a new roving interpretive program was instituted to create more of an outdoor presence in the park; to date over 100 park visitors have actively engaged with program staff.
Crab Cove Visitor Center: On March 19, approximately 2,000 people attended The Splash into Spring Egg Scramble event hosted by staff in collaboration with Alameda Recreation and Parks Department and the Alameda Rotary. The event featured the District’s Mobile Fish Exhibit.
Tidewater: On March 12, staff led the Camps to Community collaborative program in partnership with the YES Nature to Neighborhoods organization. Approximately 15 youth participated in service activities and a hike at Wildcat Canyon Regional Park.
Tilden Nature Area: In March, staff added the Nature Nook, a new exploration area for young children, to the Environmental Education Center.
75 Southeast Region Ardenwood: On April 2 the Tartan Day Scottish Fair special event brought 2,817 visitors to the park. Music, dancing, authentic food and drink, traditional athletic competitions, and historical reenactments were part of the celebration of Scottish culture.
Big Break Visitor Center: On March 25 a group of 30 adults with disabilities, from Redefining Educational Services Success, came for a Kayaking Big Break program. Recreation and interpretive staff worked together to safely give students an adventure on the Delta. Transportation was provided by Parks Express, funded by the Regional Parks Foundation.
Community Services and Volunteers: On March 16, a total of 15 District staff from Park Operations and Interpretive and Recreation Services participated in Volunteer Leadership Training facilitated by Volunteers for Outdoor California. The training provided participants with an understanding of high quality volunteer activities, and strategies to increase volunteer satisfaction and retention.
Community Outreach Temescal Beach House: On March 18, the Community Outreach coordinator hosted the Building Blocks Collaborative, an alliance of agencies creating comprehensive solutions to the complex health problems facing our communities.
Cultural Services From March 24 through 27, the Cultural Services coordinator attended the Society for California Archaeology 50th Annual Meeting which provided networking opportunities and sessions relevant to a wide range of cultural services initiatives in the Park District.
On March 30, staff conducted a historical and cultural site audit with Las Trampas staff regarding military and California Conservation Corps structures, history, and memorabilia in the area of Holly Court off Bollinger Canyon. This also included input on Contra Costa County history and memorabilia by former Contra Costa County employee Jim Hessler.
Business Services Department Reservations Briones: On March 18, staff was notified that the road leading to the Wee-ta-Chi and Maud Whalen Group Campsites was washed out. Of the 17 existing reservations booked through May 31, staff has moved 12 to another group camp, issued refunds for three, and two are considering other options.
Del Valle: On March 30, the park supervisor requested that reservations staff contact customers regarding the blue-green algae in the lake. Staff canceled seven campground reservations and one group camp reservation. No special events were canceled.
76 Park Operations Department Shoreline Unit On March 23, the unit held Boom Deployment and Oil Spill Preparedness training at Miller/Knox. In addition to unit staff, the District fire chief and several staff members from the Richmond Fire Department attended the classroom portion of this training.
On March 27, Miller/Knox, Martin Luther King Jr. Shoreline, Oyster Bay, and Crown Beach reached park capacity. Illegal parking was the primary concern throughout the day, with no major incidents in any of the parks.
Parkland Unit Anthony Chabot: On March 20, a landslide near the Columbine Trail severed the main waterline into the park. Staff has been able to accommodate all camper and park needs by refilling the park's water tanks by tanker truck, and providing bottled water to group camps as necessary. Repairs are underway and the temporary waterline is expected to be in the week of April 18.
Claremont Canyon & Wildcat Canyon: During the storm of March 12 and13, two landslides damaged the entry road to the Gelston field office in Claremont Canyon, and the Rifle Range Road Trail at Wildcat Canyon. Staff has covered both slides with tarps while determining the significant scope of repairs to be made. No time line is currently available. Staff from the Gelston office have been temporarily relocated to vacant office spaces at the Tilden Corporation Yard.
Redwood: On March 22, the park's service yard was regraded and repaved. In April a covered carport will be installed to better protect the park's vehicles and equipment.
Recreation Areas Unit Diablo Foothills: On March 14, the park supervisor met with eight members of the District's Volunteer Trail Safety Patrol (VTSP) to discuss the specifics for the annual closure area for the nesting Peregrine falcons. The information shared in the meeting will assist VTSP in patrolling and monitoring the area, which is closed through July 31, 2016.
Delta Unit Briones: Two major culvert washouts have closed segments of Pine Tree and Abrigo Valley Trails. The latter has resulted in closure of the Wee-Ta-Chi and Maud Whalen group camps until repairs can be made to the trail.
Contra Costa Trails: In late March, the Trail Dogs completed two days of volunteer trail work on the Briones to Mt. Diablo Regional Trail. They worked with Contra Costa Trails crew members and replaced a retaining wall system with new wood and metal stakes. The crews also pruned overgrown vegetation and cleaned the trail tread.
Interpretive Parkland Unit Morgan Territory: On March 18 and19, approximately 300 people participated in the Bay Area Orienteering Club's U.S. Championship on the east side of Morgan Territory.
77 Garin Regional Park: On March 24, staff worked with 21 teenagers from the Leadership Academy School, to clear weeds around trees in the Apple Orchard.
Lakes Unit Lake Chabot: The Lake Chabot water level continues to rise and the courtesy docks are now floating. Staff is making repairs and the majority of docks have been reopened. The public boat launch dock was installed for the first time in three years. The docks that are in service provide enhanced fishing opportunities and shoreline access.
Maintenance and Skilled Trades Department Fleet Unit Effective 2016, California DMV requires additional District vehicles to be part of the CHP’s Biennial Inspection of Terminals program. Department staff organized in-house training for the additional requirements at the Annual Safety Academy hosted by the service managers.
In April, the fleet manager organized the District’s Annual Commercial Driver Training at Crown Beach’s Glory of the Seas building. Presentations were given by the District’s Risk and Public Safety Departments, and contracted commercial vehicle expert Dennis Buckman.
Contract Unit Crab Cove Visitor Center: Staff installed a new air conditioning unit in the classroom. The old unit was undersized for the area it serviced, which had caused continual break downs.
Sunol: The Old Green Barn visitor center had bats roosting in the ceiling insulation and mice and squirrels living in its walls. Staff replaced the barn siding with plywood shear wall to eliminate the cracks and strengthen the structure, and installed flashing along the stone foundation.
78 NEWSCLIPS
East Bay parks ban smoking and drones, open up bike paths
By Peter Fimrite April 21, 2016 Updated: April 22, 2016 2:57pm
Photo: Andre Zandona, The Chronicle Park visitors during a rainy afternoon stroll at Tilden Park near Berkeley, Calif. on Sunday, Feb. 2, 2014.
Guests will no longer be able to smoke or buzz people with drones while they enjoy the scenery or walk the trails of the East Bay Regional Park District.
Those particular activities were banned this week by the district’s Board of Directors in a nod to the environment and the sanity of visitors.
Carolyn Jones, the district’s spokeswoman, said the smoking ban came at the request of Save the Bay, which is pushing for restrictions on outdoor puffing all over the Bay Area.
The environmental group hopes to keep some of the estimated 3 billion butts a year that are flicked onto the ground out of storm drains, which flow into and pollute San Francisco Bay and harm wildlife.
“Most park districts have already banned smoking and we have been kind of a holdout,” said Jones, explaining that a lot of park district employees smoke.
79 “The problem is that on coastal cleanup days, the majority of what people pick up are cigarette butts.”
Cigarette butts take years to decompose and contain chemicals — including arsenic, chromium and ammonia — that can be harmful to water quality and wildlife, Jones said. Smoking will still be legal in overnight campsites, she said, but nowhere else.
Drones were technically banned already in that they are motorized devices, which are not allowed in the parks, said Jones. The board, however, felt a need to specifically outlaw drones because some of the electronic contraptions have been spotted buzzing over the heads of folks seeking quiet and solitude.
“The problem is they drive other park users crazy, they are really intrusive and nesting birds don’t like them,” said Jones, who noted that several drone owners were not happy.
“The main issue is safety,” she said. “For some reason, some drone owners like to harass aircraft and the park district has two helicopters that we use to find lost hikers and deal with emergencies.
There is concern that if a drone gets in the way of a helicopter it could be fatal.”
The board, which met Tuesday, didn’t spend its whole night banning things. It added several single-track trails to the list of those where bicycles are allowed.
The trails are: Warep, Two Peaks, Goldfinch and Tree Frog Loop in Crockett Hills Regional Park; Vollmer Peak in Tilden Regional Park; Towhee and Red Tail at Anthony Chabot Regional Park; Tassajara Ridge in Dublin; Ridgeline at Pleasanton Ridge Regional Park; and MacDonald to Grass Valley to Bort Meadow at Anthony Chabot Regional Park.
Peter Fimrite is a San Francisco Chronicle staff writer. Email: [email protected]: @pfimrite
80
Former Navy fuel depot holds promise for new use in Richmond By Carl Nolte April 15, 2016 Updated: April 16, 2016 7:56pm
Photo: Michael Macor, The Chronicle
Caretaker Willie Agnew walks through the main warehouse building at the old Point Molate Fuel Department of the Naval Supply Center.
Hidden in plain sight on the shoreline of the city of Richmond are a cluster of small houses, a huge empty warehouse that resembles a castle, and a hillside forest, all facing a mile and a half of frontage on San Francisco Bay.
It used to be the Point Molate Naval Fuel Depot, given up as surplus by the federal government 21 years ago. The depot sits behind a chain-link fence, empty, the houses boarded up. Some would think Point Molate is a white elephant.
Tom Butt, the mayor of Richmond, sees it differently. “It’s an opportunity,” he says. “An excellent opportunity.”
He sees a mix of housing and parks, the place re-purposed into a showplace. Butt thinks Point Molate has everything — nice weather, good views, historic buildings, and a chance to do something big in his city.
Point Molate is a bit off the beaten path. It’s a mile north of the East Bay end of the Richmond-San Rafael Bridge, sandwiched between the bay and Chevron’s Richmond refinery just over the hill.
A road to Point San Pablo winds though it, but everything except a small city beach is closed to the public. “It’s terra incognita,”81 says Bruce Beyaert, an environmental activist who thinks the Point Molate area “is magical, priceless, a one-of-a-kind undiscovered gem.”
History of uses Point Molate is out of the way, but it has a long history. Before Europeans arrived, it was Ohlone land. What is now a hilly peninsula was almost an island, bordered by the bay and salt marsh. Later the shore housed a Chinese shrimp camp, a sardine processing plant, a pier at Point Orient that shipped kerosene to Asia — “oil for the lamps of China,” Butt says.
In 1907, the California Wine Association, a huge marketing conglomerate that controlled most of the state’s wine output, built a big warehouse and a company town called Winehaven at Point Molate.
It was the largest wine processing center in the world, and the centerpiece was a big brick warehouse constructed like a castle on the Rhine with ramparts and turrets. Winehaven, the town, had 400 residents who lived in small cottages. Prohibition was a fatal blow to Winehaven. The residents left, but it remained, like a ghost town, like something from another time.
At the beginning of World War II, the Navy took over the place and built the Point Molate Naval Fuel Depot, with fuel storage tanks installed in the hill behind Winehaven. Military families lived in the cottages, and the town came back to life.
82
Photo: Michael Macor, The Chronicle
Caretaker Willie Agnew works inside the pump house at the old Point Molate Fuel Department.
It operated for more than 50 years, until the Navy pulled out of the Bay Area. Point Molate was declared surplus, and the whole place — the red brick castle, the town, the shoreline and all — was offered to Richmond in 1995 for $1. The wheels of government ground slowly, and the deal wasn’t finalized until 2003.
The next year, a developer came along with a big idea: a $1.2 billion bay-side Las Vegas style “destination resort” with two hotels, a conference center, a ferry landing and an Indian casino with 4,000 slot machines. The plan, backers said, would provide much-needed jobs for Richmond.
Future in limbo But there was immediate opposition, and in 2010, the casino plan went on the Richmond city ballot. It was an advisory vote and the casino lost big — 58 percent voted no. The City Council formally killed the plan a few months later. But the developer went to court. The case is still pending and Point Molate is in limbo.
“Ten or 15 years from now it’s not going to be derelict like it is now,” says Willie Agnew, who is the caretaker of Point Molate. “It’s going to be a something. Not sure what, but something.”
Agnew has been at Point Molate for 17 years and knows it better than anyone: the echoing rooms of the Winehaven Warehouse, the boarded-up houses, even the spooky Cold War bomb shelter in the basement, complete with cots and canvas-walled rooms designed to hold whole families. There are even stacks of pocket reference guides telling people what to do in case of atomic, biological or chemical warfare. 83 Point Molate is both promising and frustrating. “We had a reuse plan for this place in 1995, and here we are 20 years later,” says Beyaert, the environmentalist.
He’s clear on his idea for Point Molate: mostly parkland with trails and picnic areas with some development. “We have a mile and a half of vacant shoreline on San Francisco Bay. Where else can you find that?”
Beyaert favors a parks-plus option, a city park coupled with an East Bay Regional Park shoreline. It could be done in stages, he thinks.
Photo: Michael Macor, The Chronicle
Basic medical books can still be found inside the bomb shelter under the main warehouse building at the old Point Molate Fuel Department.
But the old Navy base needs a lot of work. The infrastructure — sewers, electrical connections, roads, water supply — all needs replacement. And a lot of capital. Estimates range from $25 million and up.
The capital would have to come from development, and that’s a key problem. Though Richmond has come a long way in recent years, it is still a tough town. It is not clear whether the residents would support that much parkland and upscale development for more affluent folks.
Butt, the mayor, is optimistic. A veteran of Richmond politics, he helped set up the National Park Service’s Rosie the Riveter World War II Home Front National Historical Park on the Richmond Inner Harbor. And he was active in getting the city to develop other parks and trails. “We Can Do It!” is the motto on his business card.
84 “In my heart of hearts I would like to see something like Cavallo Point here,” Butt says. He means the development of lodging, a conference center and restaurants at the former Fort Baker on federal land just north of the Golden Gate near Sausalito. But it would take a lot of work and a lot of money.
“The future of this place?” he says. “Well, that’s the question.”
Carl Nolte is a San Francisco Chronicle staff writer. Email: [email protected]: @carlnoltesf
85 Dogfights Among Humans in Bay Area
By MATTHEW RENDA April 15, 2016
OAKLAND, Calif. (CN) — The Bay Area is going to the dogs, and courts will have to hash out lawsuits from groups who want to give pets room to roam, and others who want them kept on the leash. Dog owners sued the National Park Service on April 6 in Federal Court, challenging a rule that will restrict dog walking in the 80,000-acre Golden Gate National Recreation Area in three Bay Area counties. Then on Tuesday the Sierra Club sued the East Bay Regional Parks District in Alameda County Court, saying it failed to adequately study the environmental impacts of allowing dogs off leash. "The dog issue is an ongoing issue for every park district," East Bay Regional Park District spokeswoman Carolyn Jones told Courthouse News. "It's difficult to balance the interests of dog owners and bird watchers, for instance. You're not going to please everybody." The Sierra Club, joined by SPRAWLDEF (the Sustainability, Parks, Recycling and Wildlife Defense Fund) claims the East Bay District did not adequately analyze the impact unleashed dogs will have on a new trail segment at Albany Beach. The proposed trail is part of an attempt to build a 500-mile trail that links the entire Bay Coast. The segment at issue is slated for the 63-acre Beach Park, on the northwestern Alameda County shoreline, in the Berkeley and Albany city limits. The Sierra Club claims unleashed dogs can impose burdens on young families, the elderly and disabled. "An EPA study found 20 percent of bacteria in water was from dogs," the Alameda County complaint states. SPRAWLDEF has already sued the district over the issue, during the first round of the project approval process, saying the project failed to conform to the Eastshore General Plan and did not consider impacts to offshore eel grass. Superior Court Judge Evelio Grillo dismissed some claims, but said the park did fail to adequately address the impacts of unleashed dogs in the park. The park then performed and circulated a Supplemental Environmental Impact Review, which concluded that because accessible areas of the park are being expanded, the impact of unleashed dogs will be so spread out as to be negligible. Jones said the park restricts off-leash dog access in ecologically sensitive areas of the park, including wetlands. "We're more dog-friendly than other districts are," she said. But the Sierra Club said the park's policy analysis fails to consider impacts to people who are afraid of dogs or whose disability renders them vulnerable to free-running dogs. 86 "(C)itizens testifying at the June 2 hearing included an ambulatory elderly man who noted that unleashed dogs had knocked his cane from under him at Albany Beach," the complaint states. "An older woman testified that she was afraid to take children to the site because unleashed dogs had snatched a picnic sandwich from her hands." Jones said the park district has to consider enforcement when it sets policy, and is reluctant to take police away from more serious issues. The Sierra Club asked the court to set aside the supplementary environmental impact report and do a new one that complies with the California Environmental Quality Act. In the previous, federal lawsuit, Save Our Recreation and three dog-owner groups claimed the Park Service had been "maneuvering to radically reduce" dog walkers' access to the park for more than a decade before it issued a proposed rule on Feb. 24. The rule would restrict on- and off-leash dog walking to 22 sites in the 80,000-acre park that includes parts of San Francisco, Marin and San Mateo counties. "It is apparent that as part of its long-term 'strategy,' NPS has decided to delay production of and keep from public view certain records because it does not want those records to be used in connection with the public comment process for the Proposed Dog Rule, or in connection with potential future lawsuits challenging the various decisions of NPS to unlawfully restrict and reduce dog walking," the federal complaint states. San Francisco Dog Owners Group and Save Our Recreation submitted an FOIA request in July 2015 seeking records on proposed dog walking restrictions from 1999 to present. The Park Service said it would cost $6,000 to produce the records, then agreed to waive the fee for a second FOIA request, filed in November 2015. But is has not yet produced the records. "NPS first tried to claim that it would cost many thousands of dollars to process the FOIA request as a strategy to block plaintiffs from gaining access to the requested documents. When that did not work, NPS decided simply to act as if the FOIA request did not exist, hoping plaintiffs would just go away," the lawsuit states. In the Feb. 24 announcement of the proposed rule, defendant Golden Gate National Recreation Area Superintendent Chris Lehnertz said the park will continue to allow off- leash dogs in seven areas, including its most popular dog walking area, Fort Funston. Under the new rule, dog walking will also be allowed on nearly one-third of the park's coastline and a third of the park's trail miles, Lehnertz said. "GGNRA recognizes well-managed dog walking as a healthy and popular way to enjoy park lands," Lehnertz said. "Under the proposed rule, the GGNRA would remain the most dog-friendly national park and the only national park in the United States to allow off-leash voice and sight control dog walking." But the dog walking groups say the park failed to properly analyze the environmental impacts of the restrictions, including displacement of dog walking from the national park to other lands in the three counties, and other effects on the urban environment and traffic. The plaintiffs — Save Our Recreation, San Francisco Dog Owners Group, Marin County Dog Owners Group and Coastside Dog Owners Group — seek declaratory 87 judgment and an injunction directing the Park Service to produce the records by a date that will allow them to participate in the rulemaking process. They are represented by Christopher Carr with Morrison & Foerster in San Francisco. Sierra Club and SPRAWLDEF in the Alameda case are represented by Kelly Smith in San Francisco.
88 Mission Peak area residents petition city to restrict street parking on weekends By Julian J. Ramos - Fremont Argus, [email protected] POSTED: 04/08/16
Residents near the Stanford Avenue staging area to the Mission Peak Regional Preserve entrance have submitted a petition urging the Fremont City Council to restrict visitors from parking in their neighborhood on weekends and holidays by requiring permits. "We are currently in the process of reviewing the submitted items and going through the process of verifying the signatures," Fremont police spokeswoman Geneva Bosques said, referring to the petition turned in March 18. "The police department anticipates returning to city council with the petition in mid to late May." As a temporary solution, the council in January established a procedure which could ban drivers without permits from parking in neighborhoods near the Mission Peak area between 12:01 a.m. Saturdays and 11:59 p.m. Sundays and holidays. Curfew violations, noise and overflow parking problems have worsened with the increase of park visitors, posing a challenge for the East Bay Regional Park District that operates and maintains Mission Peak and for the city, which owns some of the 3,000-acre property. The park district's lease with Fremont expires in 2020. In September 2014, the district imposed a curfew on access to the Hidden Valley and Peak Meadow trails from Stanford Avenue under a pilot program. The curfew was extended to this November, with hours depending on the time of year. The Stanford Avenue staging area is open from 6:30 a.m. to 8 p.m. through March 29, then from 6:30 a.m. to 9 p.m. from March 30 to Aug. 30. Park officials encourage hikers who prefer an early start or night walks to park in Ohlone College's Lot G, which is open year-round from 6 a.m. to 10 p.m., and take the Peak or Panorama trails from there instead of Stanford Avenue. Parking at the college is $4. District officials meanwhile are considering constructing a new parking area with a maximum of 300 spaces, new public restrooms and picnic tables.
93 Under the city's ordinance, the petition submitted must contain the signatures of at least 60 percent of the households in the proposed parking permit area, which has been identified by staff as Mission Peak to the west, Antelope Drive to the north, Vineyard Avenue to the east and Stanford Avenue to the south. Chablis and Stanford courts have been added to areas of Cougar and Lynx drives and Boar Circle. There are 600 parcels in the area, so 360 signatures must be verified. If all the requirements are met, council members could establish a parking permit area. One permit per registered vehicle at each household would be granted in addition to two guest permits and temporary permits. Signs and poles placed every 150 feet displaying the restricted hours will cost an estimated $18,000, according to city staff. "A weekend and holiday parking permit program will reduce the number of visitors to the preserve, thus reducing the ongoing trail and habit damage inside the park, reduce the demand for police and emergency services and reduce the issues in the adjacent neighbors, a win-win," Janet Benz, who lives in the Vintage Grove neighborhood near Mission Peak, said at a December council meeting. Speaking against the proposal was Kelly Abreu, a member of Mission Peak Conservancy, which tries to protect unfettered access to public parks. Abreu told council members the parking permits would exclude the public from parking on public streets just for the benefit of those who live in the Mission Peak neighborhood. "They (Mission Peak area residents) are trying to empty it (the streets) so that nobody else can use the public street parking. That is the real goal here. It's not 'I need a place to park.' "
94 Del Valle Reservoir is where the action is By Tom Stienstra Updated 12:05 am, Thursday, April 7, 2016
Photo: Tom Stienstra
A trout finds the net as stocks have resumed after a summer off and fishing is good at several lakes, including Del Valle Reservoir.
From a perch above Swallow Bay on the East Shore Trail, the view of Del Valle Reservoir and beyond across miles of water, parkland, foothills and ridges brings springtime to life in the Bay Area.
The 5-mile-long, nearly full lake is nestled in a landscape renewed by winter rains and warm April temperatures.
Del Valle Regional Park is the only park in the Bay Area that provides boating and boat rentals, camping, fishing, hiking, mountain biking, picnic sites, backpacking and wildlife watching. Over the next two months, it will rank as one of the best parks for outdoors recreation in the Bay Area and across Northern California. Del Valle Regional Park, 10 miles south of Livermore in the remote foothills of Alameda County, spans 4,335 acres and adjoins more than 1,000 square miles of wildlands to the west across the Ohlone Regional Wilderness and wildlands managed by East Bay Municipal Utility District.
For many, the question to answer each spring is: “What sets you free?” Del Valle provides many of the answers:
Family biking: A near-flat ride along the lake is an easy trip with gorgeous views. Drive to the marina and park at the adjacent parking lot. Just north of the boat launch is the trailhead for the East Shore Trail (a service road). It runs along the lake, with a short dip at Hidden Canyon Creek, for 1.8 miles to Venados Group Camp. 3.6-mile round trip, easy. 95 Mountain biking: This 10-mile round trip offers sensational lake views and lookouts across the surrounding ridges. Start the trip as above, at the boat launch, with the easy ride on the East Shore Trail to Venados, then turn right on the Swallow Bay Trail. It’s a rhythmic climb around Badger Cove and then a drop to Swallow Bay. There are several sites here for pretty views. The trail continues north, at times venturing inland, and then returning to the Lake at Heron Bay. 10-mile round trip. Moderate.
Walk: Start at the Rocky Ridge Visitor Center on the southwest end of the lake and walk along the West Shore Trail along a pretty cove set against the West Swim Beach (swimming now prohibited). 20-30-minute round trip.
Hike: A butt-kicker climb to 2,426-foot Rocky Ridge rewards the work with sensational views. Start at the trailhead for the Ohlone Wilderness Trail, located near the Lichen Bark Picnic Area (past the campgrounds near the southwest shore of the lake); sign in at the box near the trailhead. The hike is on a service road that climbs 1,700 feet over 2.4 miles, including a 1.5-mile stretch with a 1,600-foot climb. The view is spectacular across Del Valle Reservoir below and across to Cedar Mountain (3,675 feet) and the southern flank of the Diablo Range. Blooms of goldfields are often good; to the west is Wauhab Ridge. 5-mile round trip. Challenging.
Boating: With the lake near full, this is one of the best lakes (along with San Pablo, Anderson and Calero) for boating in the Bay Area. A 10-mph speed limit keeps it calm for kayaks and it’s plenty big enough for sportfishing boats. No water contact, no personal watercraft, inspection for mussels required prior to launch.
Boat rentals: At the small marina, boats with motors, fishing boats with steering wheels, party-style pontoon boats, rowboats, canoes and pedal boats are available for rent.
Fishing: Del Valle is winning the annual “trout war” this spring at the lakes in the East Bay hills, with excellent trout fishing, both for boaters and shoreline bait-dunkers. A $5 daily fishing permit makes sure the lake is stocked about every week. My favorite spots: the southern end of lake on the eastern edge of an underwater river channel, using a two-hook rig, Power Nuggets and a nightcrawler; and the corners of the dam, trolling a gold/black jointed Rapala, 15- 96 20 feet deep. The former gets you a chance at a limit, the latter a chance at 5- pounder. Water temperature is 63 degrees and the clarity is good. Camping: Campsites are available in open areas with lake views, and also in wooded and more private settings. There are sites for tents and sites for RVs with hookups. Outside of Coyote Reservoir near Gilroy, this is the only lake-based camping in the region.
Backpack: The Ohlone Wilderness has a series of backcountry trail camps that are set above Murrieta Falls (Stewart’s Camp) and beyond on the 28-mile Ohlone Wilderness Trail (that emerges at Mission Peak above Fremont). After the 1,700- foot climb to Rocky Ridge (see the hike listed previously), the trail drops 500 feet, then climbs 1,200 feet toward Wauhab Ridge and Stewart’s Camp. Other sites are available. Two days, 12.25-mile round trip.
97 THE NEWSLETTER OF THE GOLDEN GATE AUDUBON SOCIETY // VOL. 100 NO. 6 SPRING 2016
MEASURE AA – FOR A HEALTHY BAY AND THRIVING WILDLIFE by ilana debare l ike many of us, you’ve probably walked the meadows and shores of Point Reyes and given silent thanks to the people who had the foresight to preserve so much wild and natural beauty. Now we have a chance to leave a similar natural legacy for future generations—through Measure AA, a parcel tax for tidal marsh restoration that will be on the June ballot in nine Bay Area counties.
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Long-billed Dowitchers at Coyote Hills. Jerry Ting 98 FEATURES
MEASURE AA CONTINUED from page 1
Measure AA, known as the Clean and Healthy Bay ballot measure, would raise $500 million for wetlands restoration over the next twenty years through a $12-per- year parcel tax. That’s less than four cents per day to restore some of the natural Bay shoreline lost during 150 years of urban development. Meanwhile, passage of Measure AA would leverage additional millions in state and federal funding. Together these monies could restore tens of thousands of acres of tidal marsh— creating essential habitat for millions of migratory and resident birds, cleaner water,
a natural buffer against sea level rise, and LewisRick new opportunities for public education and Ridgway's Rails like this pair will benefit from restored wetlands. recreation along the shoreline. “Measure AA is our generation’s big- gest single opportunity to ensure a healthy Wetlands restored by Measure AA will help filter future for Bay Area waterbirds and shore- contaminants from the Bay and provide a natural birds,” said GGAS Executive Director buffer against sea level rise. Cindy Margulis. “As Audubon members, we know better than anybody the impor- tance of thriving wetlands. I hope that all GGAS members will take the lead in tell- But the Bay’s shores are only a shadow Authority’s list of possible projects includes ing their friends and neighbors to support of their former self. From 200,000 acres some very large ones such as restoration of Measure AA.” of tidal marsh before the Gold Rush, only 15,000 acres of former salt ponds in the San Francisco Bay is more than a spot about 45,000 acres are left. South Bay, but also smaller ones that would of inspirational local beauty: It is the larg- The good news is that about 35,000 be familiar to many Audubon members. est estuary on the West Coast and a critical shoreline acres—such as former industrial For instance, it could provide funding for stop along the Pacific Flyway migration salt ponds—have already been acquired by GGAS’s restoration work at Pier 94 in San route, drawing over a million shorebirds and conservation groups and government agen- Francisco; trash clean-up at the terribly waterfowl each year. cies and are awaiting restoration. Measure littered creek mouths along San Leandro AA would provide funding to turn them Bay in Oakland; shoreline restoration and into vital habitat for species such as herons, trails near the Least Tern colony at Alam- shorebirds, ducks, terns, and endangered eda Point; improvement of Ridgway’s Rail Ridgway’s Rails. habitat in North Richmond; and restoration Here’s how it will work. The San Fran- of a native oyster reef managed by Audubon cisco Bay Restoration Authority board, California at Arambaru Island in Marin. made up of local elected officials, will The Authority will get input about projects approve grants for specific projects in four from a citizens’ advisory committee that areas: includes representatives of business, labor, • Clean water and pollution prevention. and conservation groups, including Arthur • Fish, bird, and wildlife habitat. Feinstein from the Sierra Club and David • Integrated flood protection. Lewis from Save the Bay. • Shoreline public access. To pass, Measure AA needs the approval of more than 2/3 of voters in the nine Bay Projects will be prioritized based on Area counties in the June 7 election. Want their long-term benefit to the Bay as a to help? See peopleforacleanandhealthybay.
Jerry Ting whole, with provisions to ensure that org. Then tell your friends and neighbors Red-winged Blackbirds at Coyote Hills. all nine Bay counties are included. The why they should vote “AA for the Bay!”
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