September 1, 2015

Board of Directors Board Meeting Packet

September 1, 2015

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

MEMO to the BOARD OF DIRECTORS East Bay Regional EAST BAY REGIONAL PARK DISTRICT Park District Board of Directors PLEASE NOTE: BOARD MEETING LOCATION

WHITNEY DOTSON HAS CHANGED DUE TO CONSTRUCTION AT President - Ward 1 THE MAIN OFFICE

DOUG SIDEN

Vice President - Ward 4

BEVERLY LANE The Regular Session of the SEPTEMBER 1, 2015 Treasurer - Ward 6 Board Meeting is scheduled to commence at DENNIS WAESPI 2:00 p.m. at the RICHARD C. TRUDEAU TRAINING Secretary - Ward 3 CENTER, 11500 Skyline Blvd., Oakland, CA 94619 DIANE BURGIS

Ward 7

JOHN SUTTER Ward 2 AYN WIESKAMP Respectfully submitted, Ward 5 ROBERT E. DOYLE General Manager

ROBERT E. DOYLE General Manager

P.O. Box 5381 2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN

(510) 633-0460 TDD (510) 635-5502 FAX www.ebparks.org

AGENDA

REGULAR MEETING OF SEPTEMBER 1, 2015

BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular ROLL CALL 12:45 p.m. (Conference Room #2) meeting at the Richard C.

Trudeau Training Center, PUBLIC COMMENTS 11500 Skyline Blvd., Oakland, CA, 94619 commencing at CLOSED SESSION 12:45 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, September1, 2015. A. Conference with Labor Negotiator: Gov’t Code § 54957.6 Agenda for the meeting is Agency Negotiator: Robert E. Doyle, Dave Collins, listed adjacent. Times for Jim O’Connor, Sukari Beshears agenda items are approximate only and are subject to change Employee Organizations: AFSCME Local 2428 during the meeting. If you wish Unrepresented Employees: Managers and Confidentials to speak on matters not on the agenda, you may do so under B. Conference with Legal Counsel: Public Comments at either the beginning or end of the agenda. If you wish to testify on an item 1. Anticipated Litigation: on the agenda, please complete a) Significant Exposure to litigation – Subdivision (d)(2) of Gov’t a speaker’s form and submit it Code Section § 54956.9 (2 cases) to the Clerk of the Board. A copy of the background 2. Existing Litigation – Subdivision Gov’t Code § 54956.9 (d)(1) materials concerning these agenda items, including any 3:14-cv-01781-WHA material that may have been submitted less than 72 hours b) United States v. 1.41 acres of Land et al. before the meeting, is available United States District Court, Northern District of California for inspection on the District’s website (www.ebparks.org), the Administrative Building C. Conference with Real Property Negotiator Regarding Price and/or reception desk, and at the Terms of Payment – Gov’t Code § 54956.8 meeting.

1) Agency Negotiator: Bob Nisbet, Liz Musbach Agendas for Board Committee Meetings are available to the APN/ADDRESS PROPERTY OWNERS PARK/TRAIL public upon request. If you wish to be placed on the mailing list Contra Costa County to receive future agendas for a specific Board Committee, 211-230-014-6 Wiedemann Ranch, Inc. Bishop Ranch Open please call the Clerk of the 1095 Hawkshead Circle, San Space Board’s Office at (510) 544- Ramon Regional Preserve 2020.

2) Agency Negotiator: Jim O’Connor, Carol Victor District facilities and meetings comply with the Americans with Disabilities Act. If special APN/ADDRESS PROPERTY OWNERS PARK/TRAIL accommodations are needed

Alameda County for you to participate, please contact the Clerk of the Board 9999 Redwood Road, East Bay Regional Park Chabot Gun Club as soon as possible, but Castro Valley District preferably at least three APN 085 035 001 001 working days prior to the meeting.

3 2:00 p.m. OPEN SESSION (Main Conference Room)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. PUBLIC COMMENTS

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of July 20, 2015 to August 2, 2015 (Auker/Doyle) (Resolution) (No Cost) b. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) c. Approval of the Minutes for the Board Meeting of August 11, 2015 (Barial Knight) (No Cost) d. Approval of Out-of-State Travel for Board Member Doug Siden to Attend the 2015 Three Trails Conference in Santa Fe, New Mexico, September 17- 20, 2015 (Clay/Barial Knight) (Resolution) (Budgeted Funds) e. Authorization to Purchase Network Infrastructure from AMS.NET (Tallerico/Collins) (Resolution) (Budgeted Funds) f. Authorization to Award Contracts for District Rainbow Trout and Channel Catfish Requirements to Mt. Lassen Trout Farms for 2016 and 2017 (Graul/Nisbet) (Resolution) (Budgeted Funds) g. Authorization to Award a Contract to A & E Emaar Company for Intertidal Ramp Rehabilitation: Crown Memorial State Beach (Lim/Nisbet) (Resolution) (Budgeted Funds) h. Authorization to Award a Contract to E.E. Gilbert Construction, Inc. for the Dog Run Trail Washout and Waterline Repair Project: Del Valle Regional Park (Lim/Nisbet) (Resolution) (Budgeted Funds) i. Authorization to Amend Contract with McElroy Technology Solutions for Customization of the District’s Enterprise Resource Planning (ERP) System: One Solution (Spaulding/Auker/Collins) (Resolution) (Budgeted Funds) j. Authorization to Amend Contract for Services Agreement with CPS HR Consulting (Beshears/Doyle) (Resolution) (Budgeted Funds) k. Authorization to Appropriate Funds Received through Asset Forfeiture Proceeds to Purchase Replacement Firearms for the District’s Police Officers (Rose/Anderson) (Resolution) (Budgeted Funds) l. Approval of Out-of-State Travel for Board Members Whitney Dotson and General Manager Robert Doyle to Attend the 2015 National Recreation and Park Association Congress and Exposition, Las Vegas, Nevada, September 15 - 17, 2015 (Barial Knight/Collins) (Resolution) (Budgeted Funds) m. Authorization to Apply for Federal Grant from the Central Valley Project Conservation Program and the Habitat Restoration Program and Partner with California State University, Sacramento for Long-horned Fairy Shrimp and Vernal Pool Study: District-wide (Margulici/Graul/Collins) (Resolution) (No Cost)

n. Authorization to Apply for Federal Grant Funds from the Recreational Trails Program for Pinole Shores to Bayfront Park Bay Trail: San Pablo Bay Regional Shoreline (Dougan/Margulici/Collins) (Resolution) (No Cost) o. Acceptance of Completed Construction Projects for TIGER II Grants from the California Department of Transportation: Iron Horse Regional Trail and Carquinez Regional Shoreline (Margulici/Collins) (Resolution) (Revenue Authorization) p. Acceptance of Grant for Wind Turbine Bat Fatality Study from the East Contra Costa County Habitat Conservancy: Altamont Pass Wind Resource Area (Margulici/Graul/Collins) (Resolution) (Revenue Authorization)

2:30 pm. 2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. PUBLIC HEARING Approval of Resolution Declaring the Formation of a Community Facilities District (C-1 Las Trampas); Calling a Special Election; Declaring Results of a Special Landowner Election and Directing the Recordation of a Special Tax Lien; and Authorizing the Levy of Special Taxes (Spaulding/Auker/Collins) (Resolution) (No Cost)

b. Authorization to Amend the 2015 Budget for Mid-Year Appropriations and Transfers (Burnor/Auker/Collins) (Resolution) (Budgeted Funds/ Measure WW)

c. Authorization to Amend the 2015 Budget with Mid-Year Appropriations from the Major Renovation and Replacement Fund (553) (Burnor/Auker/Collins) (Resolution) (Budgeted Funds)

3:00 p.m. 3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

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

b. Authorization of an Exception to the CalPERS 180-Day Wait Period, Government Code Section 7522.56 & 21224 (Beshears/Victor/Nisbet) (Resolution) (Budgeted Funds)

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

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

3:30 p.m. 5. GENERAL MANAGER’S COMMENTS

3:55 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION

4:00 p.m. 7. BOARD COMMITTEE

a. Finance Committee (5-27-15) (Lane)

4:05 p.m. 8. BOARD COMMENTS

5:00 p.m. D. ADJOURNMENT

6 CONSENT 7 CALENDAR

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of July 20, 2015 Through August 2, 2015 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of July 20, 2015 through August 2, 2015.

Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records.

8 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 09 -

September 1, 2015

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JULY 20, 2015 THROUGH AUGUST 2, 2015

WHEREAS, District Resolution No. 1992 - 1 - 40, adopted by the Board of Directors on January 21, 1992, requires that a listing of District checks be provided to the Board Treasurer for review;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the check listing for the period of July 20, 2015 through August 2, 2015;

Moved by Director , seconded by Director , and adopted this 1st day of September, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

9 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County 099B-6150-005-00 Robert F. Casey, Trustee and Byron Vernal Pools Dyer Road, Livermore Samuel Stewart and Regional Preserve Jacqueline Stewart, Trustees Contra Costa County 075-200-021; 075-200-022; Jim J. Moita and Julie F. Moita, Clayton Ranch Regional 075-200-025; 075-200-026; Co-Trustees of the Jim and Preserve 075-200-027; 075-200-028; Julie Moita Trust, and 075-200-029; 075-200-030 Clayton Estates LLC, a 8117 Marsh Creek Road, California LLC Clayton

REVENUE/COST

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

BACKGROUND

The proposed resolution for this item is in direct response to the Brown Act. According to District Counsel, "The Board may meet in Closed (Executive) Session prior to or during negotiations to give instructions to its negotiator regarding the price and terms of payment for

10 the purchase or the lease of the property only after it has identified the parcels of concern, and has identified the people with whom this negotiator may negotiate in open session."

ALTERNATIVES

No alternatives are recommended.

11 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS

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

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

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on September 1, 2015; and

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

Moved by Director , and seconded by Director , and adopted this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

12 Acquisition, Stewardship & Development Division AUTHORIZATION TO NEGOTIATE t:\bstone\mxd projects\A2N\ 2015\A2N-September 1-2015.mxd Date: September 1, 2015

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ALAMEDA COUNTY CONTRA COSTA COUNTY Park/Trail: Byron Vernal Pools Regional Preserve Park/Trail: Clayton Ranch Regional Preserve 1 Owner: Robert F. Casey, Trustee and Samuel Stewart and 2 Owner: Jim J. Moita and Julie F. Moita, Co-Trustees of the Jim Jacqueline Stewart, Trustees and Julie Moita Trust, and Clayton Estates LLC, a California LLC APN: 099B-6150-005-00 APN: 075-200-021, -022, -025, -026, -027, -028, -029, -030 Location: Dyer Road, Livermore Location: 8117 Marsh Creek Road, Clayton

13 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Approval of the Minutes for the Board Meeting of August 11, 2015 (Barial Knight)

14 Unapproved Minutes Board Meeting of August 11, 2015 The Board Meeting, which was held on August 11, 2015 at the Richard C. Trudeau Training Center, 11500 Skyline Boulevard, Oakland was called to order at 2:09 p.m. by Board President Whitney Dotson.

ROLL CALL

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

Directors Absent: None.

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

The Open Session of the Board Meeting was called to order at 2:09 p.m. by President Dotson.

Staff Present: Bob Nisbet, Carol Victor, Mark Ragatz, Police Chief Tim Anderson, Liz Musbach, Mona Koh, Yolande Barial Knight, Suzanne Lusk, Aaron Roth, Audrey Som, Erich Pfuehler, Mark Ragatz, Matt Graul, Anna Fong, Chris Barton, Rob Lim, Julie Bondurant, Erich Pfuehler, Kim Balingit, Larry Tong, Jeff Rasmussen, Mimi Waluch, Kelly Barrington, Jim O’Connor, Kristina Kelchner, Carol Johnson

A. APPROVAL OF AGENDA

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

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

B. PUBLIC COMMENTS

Michael Fleming expressed his concern about the closure of Lake Temescal due to blue green algae and the loss of its use by the public. Director Lane suggested Fleming speak with the park supervisor.

David Fielder of the SF Board Sailing Association addressed the Board about necessary improvements of windsurfing launch access at Pt. Isabel. His organization has identified at least 3 sources of funding.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR item C-1-i

By motion of Director Sutter, and seconded by Director Lane, the Board voted unanimously to approve Item C-1-i.

Directors Present: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp. Directors Absent: None. Director Recused: Dennis Waespi. 15 i. Authorization to Apply for PG&E Energy Efficiency Incentives: Lake Chabot Campus Modernization, Public Safety Headquarters Resolution No. 2015 – 08 -219 (attached)

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

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

a. Approval of District Check Listing for the Period of July 3, 2015 to July 19, 2015 Resolution No. 2015 – 08 - 220 (attached)

b. Authorization to Negotiate with Various Property Owners Resolution No. 2015 – 08 - 221 (attached)

c. Approval of the Minutes for the Board Meeting of July 21, 2015

d. Approval of Out-of-State Travel for Board Member Whitney Dotson and General Manager Robert Doyle to Attend the 2015 National Recreation and Park Association Congress and Exposition in Las Vegas, Nevada on September 15 -17, 2015 Resolution No. 2015 – 08 - 222 (attached)

e. Authorization to Award a Contract for Redwood Canyon Public Golf Course Roof Improvements to State Roofing Systems, Inc.: Lake Chabot Regional Park Resolution No. 2015 – 08 - 223 (attached)

f. Authorization to Purchase Wide Format Flatbed Printer from Midwest Sign and Screen Printing Supply Company Resolution No. 2015 – 08 - 224 (attached)

Director Sutter asked for an explanation of the difference between construction and equipment bids. District Counsel, Carol Victor explained that contracts for construction and purchase of equipment are not the same. The District follows purchasing guidelines and solicits bids for equipment however state law does not require publication. Construction contracts require publication according to state law.

g. Authorization to Award a Contract to R&M Paving Inc. for Contra Costa Canal Trail: Citrus Avenue to Treat Boulevard and Tioga Road to Cowell Avenue Resolution No. 2015 – 08 - 225 (attached)

h. Authorization to Name a Section of the San Francisco Bay Trail the Bill Lockyer Trail: Hayward Regional Shoreline Resolution No. 2015 – 08 - 226 (attached)

j. Authorization to Award a Contract to Pleasanton Engineering Contractors, Incorporated for Pier Furniture Replacement: Point Pinole Regional Shoreline Resolution No. 2015 – 08 - 227 (attached)

k. Authorization to Contract for Environmental Assessment Services With TRC Solutions, Inc. 16 Resolution No. 2015 – 08 - 228 (attached) Unapproved Minutes Board Meeting of August 11, 2015

l. Authorization to Execute a Contract with Valley Slurry Seal International, Inc. for West County Trail Repairs Resolution No. 2015 – 08 - 229 (attached)

m. Authorization to Transfer and Appropriate General Fund Balance for the Reconstruction of the Point Pinole Workshop and Purchase of Replacement Tractor Resolution No. 2015 – 08 - 230 (attached)

n. Authorization to Award a Contract to B. A. Morrison for HVAC Replacement at Redwood Canyon Public Golf Course: Lake Chabot Regional Park Resolution No. 2015 – 08 - 231 (attached)

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

By motion of Director Sutter, and seconded by Director Siden, the Board voted unanimously to approve item C-2-a adding to the resolution as a friendly amendment, direction to staff to look at the height of the maintenance building and at a future hearing bring results back to the Board.”

Director Waespi recused himself due to the proximity of his home to this project and sat in the audience as a member of the public.

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

a. Approval of Project and Adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Lake Chabot Campus Modernization Project: Lake Chabot Regional Park Resolution No. 2015 – 08 - 232 (attached)

Chris Barton, Environmental Programs Manager and Project Manager for this project gave a PowerPoint presentation. There is a difference between a corporation yard and a service yard. Corporation yard is a district wide serving facility whereas a service yard services one park and repairs needed to directly support the park. Barton highlighted the environmental impacts, aesthetics and project description.

Director Siden said is important to preserve the Nike site’s history. Barton said that when the project is brought back to the board in October there will be design level detail. Director Lane inquired about the rationale for the hill location chosen for the equipment shop even with the berm. Barton explained that the main reasons for the location are that the area is flat, the Nike classroom pad is too small to fit the 7000 sq.ft. building, sensitive habitat could be impacted if went out into natural lands, will be exposed to views from the lake and do not want to build over the Nike missile silos. Director Wieskamp asked about excavating the site. Barton said it would be possible however it is more reasonable to build a berm. Director Burgis asked about whether the public will see the facility lights at night. Barton stated there are mitigation measures in place so that the light will not be able to bleed off the site.

President Dotson opened the Public Hearing.

George Phillips, licensed architect for 33 years and resident, expressed his concern about the location of the maintenance building. Phillips states that the view corridors will be impacted. He believes it needs more thought and yet he realizes that the District does need to have better facilities.

17 Mr. Waespi, a resident that will be impacted, said that the depiction of the South County Corp Yard on the slide is not as it appears. The maintenance building will be above Public Safety. He added that from his backyard he generally has an excellent view of Mt. Tamalpais.

President Dotson closed the Public Hearing.

AGM Nisbet responded that the intention of the slide was not to show visuals or heights and he agrees with Mr. Waespi. The purpose was to show the general layout of the campus. This environmental document evaluates the impacts based on the project descriptions. The equipment shop design began before the Public Safety building. Since then staff has asked the architect to look at the height of the building. Jim O’Connor, AGM Operations, added that vehicles are currently serviced at this location. The building that is proposed is a replacement for the current outdated shop. O’Connor remarked that one of the reasons the GM proposed moving forward with this new location, as opposed to the offsite location, is that a big function of public safety is managing the vehicle fleet. If the shop was offsite, efficiency would decrease. Director Sutter asked if there are any other alternative locations that are reasonable that might meet the objections raised. Nisbet replied that staff looked at the siting of the building and acknowledged there are some impacts that are mitigated in the document. The other site that was looked at had worse impacts.

District Counsel Victor added that this is an environmental document that can be adopted and staff can be given direction to further explore lowering the height of the building. This document identifies environmental impacts.

By motion of Director Burgis, and seconded by Director Wieskamp, the Board voted unanimously to approve the Item C-2-b.

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

President Dotson recused himself and sat down in the audience. Vice President Siden assumed the gavel.

b. Authorization to Award a Contract to RGW Construction Inc. for Construction of Breuner Marsh Restoration and Public Access Project Phase 2 (2015) Public Access Improvement Project: Point Pinole Regional Shoreline Resolution No. 2015 – 08 - 233 (attached)

Christ Barton, Environmental Programs Manager and Project Manager for the Breuner Marsh Project, provided an overview of the project and the budget. The lowest responsible bidder was RGW. The total project budget increased due to delays and a compressed scheduled. Staff has repackaged the project for public access delivering in 2015 and 2016.

Director Lane mentioned the Hayward Fault. Barton said that the fault goes through the marsh so staff had to bifurcate the project which removes the complicated structures from the federal grant requirements. There will be construction of a new staging area, a new bridge over Rheem Creek, a portion of the Bay Trail up to the picnic area and the Spit Trail. The total budget will be $12.3 million with funding sources from 10 grants that total $12.3 million. Director Sutter asked about the rationale for 2 separate construction seasons and contracts. Barton explained the main reason was that the expectation is to finish the project by February 1, 2016 and close out the contract. Boardwalk structures will be all concrete and therefore a different type of contract work. Director Lane asked about the bridge. Barton said it is galvanized, prefabricated and resistant to saline environments.

18 Unapproved Minutes Board Meeting of August 11, 2015 By motion of Director Lane, and seconded by Director Siden, the Board voted unanimously to approve the Item C-2-c.

c. Authorization to Enter Into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition of 71.37± Acres of Real Property from Russell and Timothy Heilig: Las Trampas Wilderness Regional Preserve Resolution No. 2015 – 08 - 234 (attached)

Suzanne Lusk, Land Acquisition Specialist, gave a PowerPoint presentation of this property at an appraised value of $ 785,000. This property is adjacent to the Mueller property. Lusk gave a history of the site showing aerial views. The site contains one working spring and has 4 residences that use the spring.

Director Sutter asked about elevations. Lusk said the ridge is about 1100 ft. at the top and 200 – 300 ft. at the bottom. Sutter asked if it is feasible to connect with Bollinger Canyon. Lusk said not currently, there is a road. The District would not take on responsibility of the spring. Sutter asked if the conservation easement prevents the District from putting a trail through there. Lusk said no. The source of funding is Measure WW.

3. BOARD AND STAFF REPORTS

Carol Victor, District Counsel and several board members discussed the items on the Actions taken by Other Jurisdictions.

Victor announced that the Governor signed legislation that was sponsored by Mid-Peninsula District and EBRPD to increase the GM contracting authority from $25,000 to $50,000 which will go into effect on January 1, 2016. Sometime prior, there will be recommendations to revise Board Operating Guidelines.

4. GENERAL MANAGER’S COMMENTS

Carol Victor, District Counsel, said there was no staff presentation. Victor highlighted some of the comments.

5. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Victor announced the appointment of Yolande Barial Knight as the Clerk of the Board by unanimous decision.

6. BOARD COMMITTEE

a. Legislative Committee (1-16-15) (Burgis)

b. Legislative Committee (2-20-15) (Burgis) Director Sutter commented in reference to the cap and trade funding, that the District should plant trees.

c. Legislative Committee (4-17-15) (Burgis) Director Sutter asked that a copy of the polling conducted by Dr. Manross be distributed to the Board.

d. EBMUD/EBRPD Liaison Committee (6-05-15) (Siden) Note: A revised version of these minutes was distributed to the Board, key staff and also inserted in the digital copy and a hard copy was placed in the board packet. Revisions were several lines from the GM of EBMUD, which were received by staff after the printing and mailing of the board packet.

e. Executive Committee (7-09-15) (Dotson) 19 7. BOARD COMMENTS

Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Legislative Luncheon in Sacramento; • Attended Ardenwood’s 30th Anniversary; • Attended Scott Haggerty’s cook off; • Attended the 100 Club Barbecue; • Attended the Board field trip - Coyote Hills, Ardenwood and Dumbarton Quarry; • Thanked Yolande Knight, Sharon Clay and Steve Myli for the setup of this location.

Director Lane reported on meetings attended. Director Lane • Attended the Board field trip – Coyote Hills, Ardenwood and Dumbarton Quarry; • Joined a Briones hike that she saw in Regional In Nature; • Met with Councilmember Dave Hudson, Erich Pfuehler, Sean Dougan to discuss Measure J proposal; • Attended the Walnut Creek Watershed Council Meeting and the presentation by Director urgis; • Thanked the Creative Design group for two signs; • Attended the Concord Community Hills public meeting.

Director Siden reported on meetings attended. Director Siden • Attended one-on-one with GM; • Attended the Regional Parks Foundation meeting; • Attended the PAC BBQ meeting; • Spoke at a memorial service for Thelma Lawrence, a member of the MLK committee; • Attended the MLK March and Rally Committee meeting.

Director Waespi reported on meetings attended. Director Waespi • Met with Nate Miley, Sean Dougan, Erich Pfuehler and Dania Stoneham: Blackstone Property; • Attended the Concord Community Hills public meeting; • Attended the Legislative Luncheon in Sacramento; • Attended the PAC BBQ meeting; • Participated in all 3 of the Clerk of the Board interviews - complimented CPS and staff; • Attended the Board field trip - Coyote Hills, Ardenwood and Dumbarton Quarry; • Attended the Union City Oversight meeting; • Met with Frank Mellon, Board President of EBMUD with AGM, O’Connor.

Director Burgis reported on meetings attended. Director Burgis • Attended the Legislative Luncheon in Sacramento; • Attended the Three Creeks Celebration; • Conferenced in on the Ecology Meeting; • Conference call with Erich Pfuehler and Supervisor John Gioia; • Attended and presented to the Walnut Creek Watershed Council; • Attended the CCC Mayors Conference in Hercules.

Director Dotson reported on meetings attended. Director Dotson • Attended the Board field trip - Coyote Hills, Ardenwood and Dumbarton Quarry; • Attended the Legislative Luncheon in Sacramento; • Attended a meeting with Erich Pfuehler on Cap and Trade; • Attended the meeting of the Municipal Advisory Committee of North Richmond; • Emphasized the importance of community gardens; 20 • The District should look into having more board field trips. Unapproved Minutes Board Meeting of August 11, 2015

Director Sutter reported on meetings attended. Director Sutter • Complimented staff on the response to FEMA emails and phone calls; • Suggested staff consider planting native trees, plants and shrubs as part of our vegetation management program; • Attended the Alameda County Mayors Conference in Hayward; • Attended the EBRPD/Alameda Liaison Committee meeting; • Attended the Operations Committee meeting; • Attended the Board field trip - Coyote Hills, Ardenwood and Dumbarton Quarry; • Met with Abel Guillen, Oakland City Councilmember along the Bay Trail in Oakland.

D. ADJOURNMENT

The meeting was adjourned at 4:46 pm by Board President Dotson.

Respectfully submitted:

Yolande Barial Knight Acting Clerk of the Board

21 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Approval of Out-of-State Travel for Board Member Doug Siden to Attend the 2015 Three Trails Conference in Santa Fe, New Mexico on September 17- 20, 2015 (Clay/Barial Knight)

RECOMMENDATION

It is recommended that the Board of Directors approve out-of-state travel for Board Member Doug Siden to attend the 2015 Three Trails Conference in Santa Fe, NM on September 17- 20, 2015.

REVENUE/COST

Funding is available in existing departmental budgets.

BACKGROUND

The 2015 Three Trails Conference is scheduled for September 17- 20, 2015 in Santa Fe, New Mexico. The Three Trails Conference will provide a chance to share information and learn about new ways of evaluating the three most significant trails in North America: El Camino Real de Tierra Adentro, the Santa Fe Trail, and the Old Spanish Trail. The Conference will present opportunities to explore environmental and sociological aspects of the trails and their connections, as well as their history.

ALTERNATIVE

No alternatives are recommended.

22 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 09 -

September 1, 2015

APPROVAL OF OUT-OF-STATE TRAVEL FOR BOARD MEMBER DOUG SIDEN TO ATTEND THE 2015 THREE TRAILS CONFERENCE IN SANTA FE, NEW MEXICO ON SEPTEMBER 17 - 20, 2015

WHEREAS, the Three Trails Conference is scheduled for September 17-20, 2015 in Santa Fe, New Mexico; and

WHEREAS, information obtained at this conference directly relates to and will benefit current and future Park District projects;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize Board Member Doug Siden to attend the 2015 Three Trails Conference on September 17-20, 2015 in Santa Fe, New Mexico; 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 to accomplish the intentions of this resolution.

Moved by Director , seconded by Director , and adopted this 1st day of September, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

23 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Transfer Funds and Purchase Network Infrastructure from AMS.NET (Tallerico/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the expenditure of up to $199,576 for the purchase of high speed 100 gigabit network switch, and two core routers from AMS.NET for the Peralta Oaks Administrative Headquarters office complex.

REVENUE/COST

The cost to purchase the high speed network switch and core router infrastructure is $199,576. Funds are budgeted in Capital Infrastructure Replacement Project account 336- 4150-000-7549/528000-399. This action would authorize an encumbrance of these funds, not to exceed $ 199,576, for this purpose. The project will be phased in two separate purchases – Phase I in 2015, and Phase II in early 2016, due to installation and setup timelines.

TRANSFER FROM Replace Network Infrastructure (528000) $2,106,554 Less Encumbrances and Expenditures to date ($1,886,786) Project Balance Remaining $ 219,769

TRANSFER TO Replace Router (153600) $ 199,576 Total Proposed Transfer $ 199.576

BACKGROUND

The two existing core routers are 15 years old and no longer supported by the vendor. The routers are critical elements within the District’s network infrastructure and their failure would cause a prolonged outage of all District data and phone services. The new routers will also support the new park-site fiber connections that are currently being installed. The existing

24 network switching infrastructure was installed in 2012 and has a capacity of 10 gigabits. Increased demands for larger and more complex computer applications require an increase in switch speeds to refresh files quickly and efficiently. This upgrade to 100 gigabit capacity will meet this need and is consistent with the typical replacement cycle for network switching equipment. The equipment purchased from AMS.NET is compatible with equipment and service agreements currently in place.

These purchases are made under the California Multiple Award Schedule (CMAS) Contract agreement Contract No. 3-1-70-0291R. The availability of this equipment from AMS.NET under this state-run pre-approval process meets the State law requirement that the District seek public bids for equipment purchases. Although bidding is not required, this item requires Board authorization because the purchase amount exceeds $25,000.

ALTERNATIVES

Should the Board not approve this purchase, the network infrastructure which other projects rely on, would not be replaced in 2015. This alternative is not recommended.

25 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO TRANSFER FUNDS AND PURCHASE NETWORK INFRASTRUCTURE FROM AMS.NET

WHEREAS, the District utilizes network infrastructure to support District activities; and

WHEREAS, the District’s network equipment is supplied and managed by one vendor, AMS.NET, which provides network infrastructure support services under contract; and

WHEREAS, purchases of equipment from AMS.NET can be made under CMAS pricing which satisfies State law requiring bidding for equipment purchases; and

WHEREAS, Staff plan to purchase and install new high speed 100 gigabit network switches and 2 core routers at cost not to exceed $199,576 as part of its network refresh program; and

WHEREAS, all purchases in excess of $25,000 require approval by the Board of Directors;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby confirm and authorize transferring from 336-4150-000- 7549/528000 to 333-4150-000-7549/153600 to purchase network switches and routers from AMS.NET for an amount not to exceed $199,576; 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 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

26 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation X Between Funds From New Revenues Between Object Codes DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Expense: CIP Fund- Information Services-District Wide- Information Services-District Wide- Computer Network Infrastructure-General Replace Router Fund

Account: 336-4150-000-6191 / Account: 333-4150-000-7549 / 528000DS10 $ 199,576 153600DS10 $ 199,576

TRANSFERS BETWEEN FUNDS Account Name: Expense: OTA Fund- Account Name: Expense: Capital Fund- Non Departmental-District Wide-Transfer Non Departmental-District Wide-Transfer Out Out

Account: 336-9110-000-9980 $ 199,576 Account: 333-9110-000-3980 $ 199,576 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on September 1, 2015 the General Manager recommends that the Board of Directors authorize the transfer of General Fund from OTA project to Capital project in the amount of $199,576 to purchase high speed router to replace existing router for the Network Infrastructure.

As approved at the Board of Directors Meeting on date: 9/1/2015 Board of Directors Resolution Number: 2015-09- Posted By: Posted date: Signature:

S:\MNGTSRVS\BOARD - FINANCE AND MANAGEMENT SVS\FOR DAVE, DEBRA AND PAM REVIEW\September 1, 2015\C-1- e 9-1 NetworkUpgrade_BrdMat BCF 153600 27 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Award Contracts for District Rainbow Trout and Channel Catfish Requirements to Mt. Lassen Trout Farms for 2016 and 2017 (Graul/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors award the 2016 and 2017 contracts for the District’s catchable rainbow trout and channel catfish requirements to Mt. Lassen Trout Farms. Mt. Lassen Trout Farms has provided the District with catchable rainbow trout and catfish to support the recreational fisheries in District lakes and reservoirs for many years.

REVENUE/COST

Acceptance of these bids establishes a contract price per pound for fish purchases. Fish purchase amounts will not exceed annual fish stocking budgets. $535,000 is the Board approved fish plant budget for 2015. The 2016 and 2017 fish plant budgets will be approved as a part of the annual District Operating Budget when it is adopted by the Board in December of each year, and 2016 and 2017 amounts are expected to be similar to the 2015 adopted budget.

BACKGROUND

These contracts will enable the District to maintain its popular recreational fishing program in 8 of the District’s most popular lakes and ponds. The District placed an ad in the Bay Area News Group publication on March 17, 2015 soliciting rainbow trout and channel catfish vendors. In April 2015, bid forms were sent to 14 rainbow trout suppliers and 17 channel catfish suppliers listed in the California Aquaculture Association’s and CDF&W’s membership list.

The following rainbow trout bids were received from:

Vendor Bid Amount Mt. Lassen Trout Farms, Redding, California $ 4.48/lb.

The following channel catfish bids were received from:

Vendor Bid Amount Tsai Enterprise, Modesto, California $ 3.50/lb. Mt. Lassen Trout Farms, Redding, California $ 3.48/lb.

Staff believes that in order to fulfill the annual demand of approximately 100,000 pounds of rainbow trout and 30,000 pounds of channel catfish required for 2016 and 2017 respectively, Mt. Lassen Trout Farms should be awarded the contract for rainbow trout and channel catfish.

The price per pound of rainbow trout has increased since the last solicitation in 2014, from $3.33 to $4.48, while the price per pound of channel catfish has decreased from $3.84 to $3.48 per pound.

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 –

September 1, 2015

AUTHORIZATION TO AWARD CONTRACTS FOR DISTRICT RAINBOW TROUT AND CHANNEL CATFISH REQUIREMENTS TO MT. LASSEN TROUT FARMS FOR 2016 AND 2017

WHEREAS, the East Bay Regional Park District maintains popular recreational fisheries in eight lakes and ponds within its jurisdiction; and

WHEREAS, in order to maintain top quality freshwater fisheries, the District needs to procure catchable rainbow trout and channel catfish from private hatcheries; and

WHEREAS, the District has budgeted $535,000 for the purchase of fish in 2015 in account 101-7465-000-5128 (Fisheries Management/Fish Plants); and

WHEREAS, the District’s fish stocking program is financed with District fishing access permit fees; and

WHEREAS, bids were solicited from 14 rainbow trout suppliers and 17 channel catfish suppliers; and

WHEREAS, Mt. Lassen Trout Farm submitted the lowest bid of $4.48/lb. for the rainbow trout and the lowest bid of $3.48/lb. for channel catfish;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards a 2016 and 2017 rainbow trout and channel catfish contracts to Mt. Lassen Trout Farms; and

Moved by Director , seconded by Director and approved the 1st day of September 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

Construction Contingency $ 19,500 Construction inspection and administration $ 20,000 TOTAL USE OF FUNDS $169,490

BACKGROUND

The ramp, constructed in the 1980’s, was designed to provide people with mobility issues the opportunity to access the shoreline and enjoy the scenic Alameda shoreline. After many years of use, the handrails along the intertidal ramp need to be replaced and concrete cracks and spalling need to be repaired. The contract work would include installation of new stainless steel handrails and repairing cracks and spalling along the existing concrete ramp.

A formal Notice to Bidders for this project was published on Thursday, July 16, 2015 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges and on the District’s online plan room. The bid opening date was Thursday, August 13, 2015, and two (2) bids were received. While the low bid is higher than estimated, there are sufficient funds available to cover the contract cost.

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 A & E Emaar Company, Albany $129,990 Golden Bay Construction Incorporated, Hayward $138,642 ENGINEER’S ESTIMATE: $ 95,000 (Total Base Bid)

ALTERNATIVES

No alternatives are recommended.

33 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO AWARD A CONTRACT TO A & E EMAAR COMPANY FOR INTERTIDAL RAMP REHABILITATION: CROWN MEMORIAL STATE BEACH

WHEREAS, the East Bay Regional Park District desires to keep the intertidal ramp serving Crown Memorial State Beach in good repair and operation for continued use by the public; and

WHEREAS, the existing intertidal ramp handrails have reached the end of their useful life and need to be replaced with new handrails that comply with current codes for accessibility, and concrete cracks and spalling need to be repaired; and

WHEREAS, there are funds available from Repair Intertidal ADA Ramp (509800) and Whole Park Access (535600) for this purpose; and

WHEREAS, the District advertised for bids for construction of Crown Memorial State Beach Intertidal Ramp Rehabilitation and received two (2) bids; and

WHEREAS, A & E Emaar Company, Albany, California was the lowest responsive responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract to A & E Emaar Company, in the amount $129,990 , a construction contingency of $19,500, and $20,000 to support staff time; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer $76,118 funds from project 535600 Whole Park Access to 509800 Repair Intertidal ADA Ramp; and

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

Moved by Director , seconded by Director , and adopted this 1st day of September, 2015, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

34 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation X Between Projects From New Revenues Between Object Codes DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Expense: OTA Fund- Design & Construction-District Wide- Design & Construction-Crown Beach- Other Services-Whole Park Access- Other Services-Repair Intertidal ADA General Fund Ramp-General Fund

Account: 336-7110-000-6191 / Account: 336-7110-000-6191 / 535600DS10 $ 76,118 509800DS10 $ 76,118

REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on September 1, 2015 the General Manager recommends that the Board of Directors authorize the transfer $76,118 of General Fund between OTA projects to support the contract with A&E Emaar Company and staff time.

As approved at the Board of Directors Meeting on date: 9/1/2015 Board of Directors Resolution Number: 2015-09- Posted By: Posted date: Signature:

S:\MNGTSRVS\BOARD - FINANCE AND MANAGEMENT SVS\FOR DAVE, DEBRA AND PAM REVIEW\September 1, 2015\C-1- g Crown Beach - Intertidal Ramp Rehab Award 509800 BCF 35 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Award a Contract to E.E. Gilbert Construction, Inc. for the Dog Run Trail Washout and Waterline Repair Project: Del Valle Regional Park (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors: 1. Authorize the award of a contract in the amount of $133,350 to E.E. Gilbert Construction, Inc., the lowest responsive responsible bidder, for the Dog Run Trail Washout and Waterline Repair Project, Del Valle Regional Park, and authorize the General Manager, or designee, to execute the contract; and 2. Approve a construction contingency in the amount of $20,000 (15% of the contract amount).

REVENUE/COST

Sufficient funding for the construction contract and contingency is available from the source of funds indicated below.

SOURCE OF FUNDS Project No. 510600 Stabilize the Del Valle Water System $ 415,000 Less Encumbrances and Expenditures to Date ($116,749)

Balance Remaining $ 298,249

PROPOSED USE OF FUNDS

Construction Contract $ 133,350 Construction Contingency $ 20,000 CONSTRUCTION TOTAL $ 153,350

BALANCE REMAINING in Account 510600 after this action: $ 144,899

BACKGROUND

On December 8, 2014, earth movement on the “Dog Run” section of the East Shore Trail at Del Valle Regional Park (Del Valle) damaged the six inch main waterline that delivers raw lake water to the Del Valle Water Treatment Plant (WTP). The ruptured pipe caused a washout that collapsed a section of trail into Lake Del Valle. The Del Valle WTP is the sole source of potable water for the entire park and serves all public and staff facilities therein. This contract will make repairs to the washout area, stabilize the bank and lakeshore, and repair the damaged six inch waterline which will effectively restore the WTP to full function. In addition, the East Shore Trail is the main service road access to all points of interest north of the Del Valle Marina. Maintenance and Skilled Trades (MAST) staff is currently operating the WTP utilizing a temporary pumping and delivery system that provides raw lake water to the WTP at an average cost of $8,400 per month. Funding was set aside by the Board in 2013 in OTA project #510600 (Stabilize the Del Valle Water System) for the purpose of keeping the aging and somewhat unreliable water system operational while the District conducts a study seeking recommendations for its eventual replacement.

Access to the work area is limited by a very steep bank, underground PG&E lines, and a partially washed-out trail. The repair requires special equipment and methods of construction.

A formal Notice to Bidders for this project was published on July 16, 2015 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges and on the District’s online planroom. One (1) firm submitted a bid on Thursday, August 13, 2015.

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 E.E. Gilbert Construction, Inc., Martinez $133,350 ENGINEER’S ESTIMATE: $120,000

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO AWARD A CONTRACT TO E.E. GILBERT CONSTRUCTION, INC. FOR THE DOG RUN TRAIL WASHOUT AND WATERLINE REPAIR PROJECT: DEL VALLE REGIONAL PARK

WHEREAS, the East Bay Regional Park District needs to repair the Dog Run Trail Washout and Waterline to keep the Del Valle Water Treatment Plant operational and maintain service and public access along the East Shore of Del Valle; and

WHEREAS, there are funds available in Project No. 510600 for this purpose; and

WHEREAS, the District advertised for bids for the Dog Run Trail Washout and Waterline Repair Project; and

WHEREAS, E.E. Gilbert Construction, Inc., of Martinez, California, was the lowest responsive responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the award of a contract to E.E. Gilbert Construction, Inc., in the amount of $133,350 and approves a construction contingency in the amount of $20,000; and

Moved by Director , seconded by Director and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

39 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Amend A Contract with McElroy Technology Solutions for Customization of the District’s Enterprise Resource Planning (ERP) System-One Solution (Spaulding/Auker/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to amend the existing contract with McElroy Technology Solutions of Chico, California by $21,200 for a total not to exceed amount of $45,500 for customization of the District’s Enterprise Resource Planning (ERP) system, OneSolution.

REVENUE/COST

The contract is paid from the Major Software Systems project (507800), which has an available project balance of $161,162. The existing contract with McElroy Technology Solutions is for $24,300, so this amendment will increase the contract by $21,200.

BACKGROUND

The District has used Sungard’s Integrated Financial Accounting System or “IFAS” since 2000. For the past two years, staff from Management Services and Human Resources have been working on data clean-up and testing, for the implementation of the new OneSolution financial system upgrade. The switch to OneSolution was completed over Memorial Day weekend, and for the past three months, District staff have been using the new ERP software.

The new OneSolution software is intended to improve efficiency and functionality both for “core” users who utilize the software regularly, and also for “edge” users who have limited interaction with the software, and only use it to complete their timecard or stores order. Now that the transition process is wrapping up, and processes have stabilized, the next focus is on making routine processes easier.

The technical requirements and time needed to implement these improvements require capacity beyond what the District’s Information Systems staff can provide. The District has previously contracted with McElroy Technology Solutions to implement other projects –

40 including the successful electronic Timecard Online and the Stores Inventory order form. Through the implementation of these projects, this vendor has become familiar with the District’s processes. For this reason, McElroy Technology Solutions is recommended as a sole source vendor to implement OneSolution projects to streamline and improve functionality.

With this contract, McElroy Technology Solutions will provide on-going support for OneSolution through the remainder of 2015, including report-writing training for District staff, improving existing and creating new project and grant reports, and refining the existing Accounts Receivable, Stores and Timecard webforms.

ALTERNATIVES

None are recommended.

41 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO AMEND A CONTRACT WITH MCELROY TECHNOLOGY SOLUTIONS FOR CUSTOMIZATION OF THE DISTRICT’S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM-ONE SOLUTION

WHEREAS, the District has implemented an Enterprise Resource Planning System, called OneSolution; and

WHEREAS, the District intends to use the system to improve accessibility to financial information and transaction efficiency; and

WHEREAS, the District has previously contracted with a consultant, McElroy Technology Solutions, to provide programming assistance; and

WHEREAS, the programming costs for the additional webform configuration, and report writing is $21,200;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize staff to amend the contract with McElroy Technology Solutions, in the amount not to exceed $45,500; 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 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

43 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Amend Contract for Services Agreement with CPS HR Consulting (Beshears/Doyle)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize amending its Contract for Services Agreement with CPS HR Consulting to provide additional assistance with recruitments and restructuring review.

REVENUE/COST

The total cost of this amendment to the Contract for Services Agreement will not exceed $44,500. The original cost of the contract was $22,000. Staff is requesting to amend the current contract to include the recruitment for the new Deputy General Manager. Funding for this contract is proposed to come from budgeted funds in the 2015 Human Resources Professional Services Budget 101-2210-000-6191 and encumbered for this purpose.

BACKGROUND

CPS recently concluded the recruitment for Clerk of the Board and will continue to recruit for Deputy General Manager. The District has used CPS in the past for a number of critical positions. Staff is, therefore, recommending the contract be increased to accommodate the District’s needs at this time.

ALTERNATIVES

None recommended.

44 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO AMEND CONTRACT FOR SERVICES AGREEMENT WITH CPS HR CONSULTING

WHEREAS, the District is interested in recruiting for the Deputy General Manager position; and

WHEREAS, CPS HR Consulting is qualified to offer these services and has provided recruitment services to the District for Human Resources Manager, AGM of Operations, Chief Financial Officer, Clerk of the Board, and General Manager; and

WHEREAS, the Board Operating Guidelines requires Board authorization for any vendor contract which exceeds $25,000;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize amending its Contract for Services Agreement in an amount not to exceed $44,500 with CPS HR Consulting; and

BE IT FURTHER RESOLVED that funds for this action will be encumbered from existing 2015 Human Resources Professional Services Budget 101-2210-000-6191; and

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

Moved by Director , seconded by Director , and adopted this 1st day of September 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

45 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Appropriate Funds Received through Asset Forfeiture Proceeds to Purchase Replacement Firearms for the District’s Police Officers (Rose/Anderson)

RECOMMENDATION

The General Manager recommends the Board of Directors authorize the appropriation of funds received through asset forfeiture proceedings to purchase replacement side arms for the District’s sworn officers from LC Action, Inc. San Jose, California in the amount of $14,679.13.

REVENUE/COST

The total cost of this project is being funded from one source, the funds received through Asset Forfeiture.

SOURCE OF FUNDS Asset Forfeiture Distribution Fund-undesignated fund balance

260-0000-000-2814 Funds Available: $ 107,225.03

USE OF FUNDS Purchase (75) Glock 17 (9mm) Duty Weapons $ 14,679.13 260-8120-000-5181 BALANCE REMAINING $ 92,545.90

BACKGROUND

The Police Department/Public Safety Division receives funds annually from the federal and state asset forfeiture process as a result of the District’s drug enforcement activities. Assets that are seized during the course of narcotics investigations can be forfeited and turned over to law enforcement agencies and District Attorney’s Offices for use in narcotics enforcement if so ordered by a Court. Over the past several years, the District has received funds in accordance with this

46 procedure. Pursuant to both federal and state laws, these funds are deposited in a special account and are not co-mingled with the District’s General Fund. These accounting practices have been adhered to by the District since the receipt of funds. Available fund balance must be appropriated before it can be used by the division for expenditures.

Currently, the District’s sworn police officers carry the standard-issue .40 caliber Glock Model 22 sidearm and three 15-round capacity magazines. Based on a recent FBI study done on the impact and performance differences between the .40 caliber ammunition and the 9 mm ammunition, staff determined it would be more feasible to switch duty weapons from the Glock Model 22 to the Glock Model 17 9mm. The study proved that the Glock 17 is easier to shoot, more reliable, lighter, as effective as the Glock 22 and overall a less expensive firearm to use and maintain due to the lower price of 9mm ammunition. Glock USA, through LC Action, Inc. of San Jose, California, is offering a replacement program in which the District can trade in its 75 currently owned firearms and magazines and receive a substantial credit towards the purchase of new, replacement firearms and magazines. The trade-in value is $18,910.00.

By utilizing the same brand of firearm, and only changing the model that is currently issued to sworn officers, the existing holsters, accessories, maintenance and training programs currently in place can continue to be utilized, resulting in additional cost-efficiency. These firearms would be issued to the District’s sworn police officers for the ongoing enforcement and investigations of criminal activity, including narcotics enforcement.

ALTERNATIVES

No alternative recommended.

47 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO APPROPRIATE FUNDS RECEIVED THROUGH ASSET FORFEITURE PROCEEDS TO PURCHASE REPLACEMENT FIREARMS: POLICE DEPARTMENT

WHEREAS, the Public Safety staff has identified a need to replace/transition from the current duty weapon carried, the Glock 22 (.40 caliber) round, to the Glock 17 (9mm) round; and

WHEREAS, an FBI study has identified a more efficient and feasible caliber firearm for officers to carry and Glock USA, through LC Action, San Jose, California, is offering a program allowing police departments to exchange their current firearms and purchase new replacement firearms at a substantially reduced cost; and

WHEREAS, these firearms would be used by District police officers during the course of law enforcement activities which includes narcotics enforcement; and

WHEREAS, the District has received funds through asset forfeiture proceeds that can be used to fund law enforcement activities related to drug enforcement; and

WHERAS, those funds are available in the Asset Forfeiture Distribution Fund, undesignated fund balance;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby appropriates restricted status special revenue funds from Account 260-0000- 000-2814 to Account 260-8120-000-5181 (Guns and Ammunition), totaling $14,679.13, including applicable sales tax, for the purchase of 75-Glock 17 (9mm) replacement duty weapons for the Police Department from LC Action Police Supply, of San Jose, California, as outlined on the attached Budget Change form; and

Moved by Director, seconded by Director and approved this 1st day of September 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

49 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

l. Approval of Out-of-State Travel for Board Members Whitney Dotson and General Manager Robert Doyle to Attend the 2015 National Recreation and Park Association Congress and Exposition, Las Vegas, Nevada, September 15 - 17, 2015 (Barial Knight/Collins)

RECOMMENDATION

It is recommended that the Board of Directors approve out-of-state travel for Board Member Whitney Dotson and General Manager Robert Doyle to attend the 2015 National Recreation and Park Association (NRPA) Congress and Exposition in Las Vegas, Nevada, September 15 - 17, 2015.

REVENUE/COST

Funding is available in existing departmental budgets.

BACKGROUND

The 2015 NRPA Congress and Exposition is scheduled for September 15 – 17, 2015 in Las Vegas, Nevada. It is the premier annual event of the park and recreational community that brings together more than 7,000 park and recreation professionals and citizen advocates. District representatives will be attending various on-site institutes, tours and informational sessions.

ALTERNATIVE

No alternatives are recommended.

50 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 09 -

September 1, 2015

APPROVAL OF OUT-OF-STATE TRAVEL FOR BOARD MEMBERS WHITNEY DOTSON AND GENERAL MANAGER ROBERT DOYLE TO ATTEND THE 2015 NATIONAL RECREATION AND PARK ASSOCIATION CONGRESS AND EXPOSITION, LAS VEGAS, NEVADA, SEPTEMBER 15 – 17, 2015

WHEREAS, the National Recreation and Park Association (NRPA) Congress and Exposition is scheduled for September 15 – 17, 2105, Las Vegas, Nevada; and

WHEREAS, information obtained at this conference directly relates to and will benefit current and future Park District projects; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes Board Members Whitney Dotson and General Manager Robert Doyle to attend the 2015 NRPA Congress and Exposition, September 15 - 17, 2015 in Las Vegas, Nevada; and

Moved by Director , seconded by Director , and adopted this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

51 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Authorization to Apply for Federal Grant from the Central Valley Project Conservation Program and the Habitat Restoration Program and Partner with California State University, Sacramento for Longhorned Fairy Shrimp and Vernal Pool Study: District-wide (Margulici/Graul/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a grant application to the U.S. Fish and Wildlife Service for a federal grant from the Central Valley Project Conservation Program (CVPCP) and the Habitat Restoration Program (HRP) and a partnership with California State University, Sacramento (CSUS) for Long-horned Fairy Shrimp and Vernal Pool Study, District-wide.

REVENUE/COST

This is a grant application for approximately $200,000 in federal funds to the CVPCP and the HRP for a study to examine long-horned fairy shrimp and vernal pool ecology District-wide. The District would share some of these grant funds with CSUS. The grant would be matched by tracking staff time from existing approved Stewardship Department budgets. This project will not increase the District’s long term operational cost.

BACKGROUND

The U.S. Bureau of Reclamation created the CVPCP and HRP, during the Endangered Species Act Section 7 consultation process with the U.S. Fish and Wildlife Service, to ensure that the existing operation of the Central Valley Project, implementation of the Central Valley Project Improvement Act, and the renewal of water service contracts would not jeopardize listed or proposed species, or adversely affect designated or proposed critical habitat. To this end, the Fiscal Year 2016 CVPCP and HRP has identified long-horned fairy shrimp habitat research in Alameda and Contra Costa Counties as a Specific Research Priority Action.

Over the past number of years, the District, in partnership with the East Contra Costa County Habitat Conservancy, has constructed a number of fairy shrimp restoration projects. In addition, District staff has supported vernal pool ecological studies in the east county area with investigators from CSUS. If awarded a grant, the District would partner with CSUS to conduct

52 research on habitat and ecological associations of long-horned fairy shrimp in rock vernal pools and apply these results to develop restoration and reintroduction methods for this endangered species. The study may include a morphologic and genetic survey of soil substrates for fairy shrimp cysts.

ALTERNATIVES

No alternatives are recommended.

53 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO APPLY FOR FEDERAL GRANT FROM THE CENTRAL VALLEY PROJECT CONSERVTION PROGRAM AND THE HABITAT RESTORATION PROGRAM FOR LONGHORNED FAIRY SHRIMP AND VERNAL POOL STUDY: DISTRICT-WIDE

WHEREAS, the U.S Bureau of Reclamation created the Central Valley Project Conservation Program (CVPCP) and the Habitat Restoration Program (HRP) during the Endangered Species Act Section 7 consultation process with the U.S. Fish and Wildlife Service to ensure that the existing operation of the Central Valley Project, implementation of the Central Valley Project Improvement Act, and renewal of water service contracts would not jeopardize listed or proposed species, or adversely affect designated or proposed critical habitat; and

WHEREAS, the Fiscal Year 2016 CVPCP and HRP has identified Long-horned fairy shrimp habitat research in Alameda and Contra Costa Counties as a Specific Research Priority Action; and

WHEREAS, over the past number of years, the District, in partnership with the East Contra Costa County Habitat Conservancy, has constructed a number of fairy shrimp restoration projects. If awarded a grant, the District would partner with California State University, Sacramento (CSUS) to further investigate ecological requirements of the long- horned fairy shrimp and experiment with its restoration in rocky vernal pools; and

NOW, THERFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves an application of up to the maximum amount allowed under the program estimated to be $200,000 in federal grant funds from the CVPCP and HRP to conduct a study of the Longhorn Fairy Shrimp Study District-wide; and

BE IT FURTHER RESOLVED, that the District is authorized to enter into an agreement with CSUS to partner on the project, and to distribute grant funds to CSUS; and

BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services, on behalf of the District and in its name, be authorized and directed to accept grant funds and execute and deliver such documents, including but not limited to applications, agreements, payment requests and amendments,

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 an executed grant contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the grant contract.

54 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 1st day of September, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

55 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Authorization to Apply for Federal Grant Funds from the Recreational Trails Program for Pinole Shores to Bayfront Park Bay Trail: San Pablo Bay Regional Shoreline (Dougan/Margulici/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an application to the California Department of Parks and Recreation for federal grant funds from the Recreational Trails Program for the Pinole Shores to Bayfront Park Bay Trail at San Pablo Bay Regional Shoreline.

REVENUE/COST

This action proposes authorization of a grant application of approximately $1,000,000 in federal funds for construction of the Bay Trail at the Pinole Shore to Bayfront Park at San Pablo Bay Regional Shoreline. This project may increase the long term operational cost of the District by approximately $44,000 per year.

BACKGROUND

Pinole Shores to Bayfront Park trail project is a TIGER II project. The segment begins on the hillside bluff across from Hazel Lane in Pinole. The trail alignment would parallel the Burlington Northern Santa Fe railroad right of way for approximately 1,500 feet, then sweep north over the Union Pacific railroad tracks via a 1,000-foot long bridge structure to join a path in Bayfront Park.

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO APPLY FOR FEDERAL GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR PINOLE SHORES TO BAYFRONT PARK BAY TRAIL: SAN PABLO BAY REGIONAL SHORELINE

WHEREAS, the “Moving Ahead for Progress in the 21st Century Act” provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State to set up necessary procedures governing the project application under the program; and

WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify, by resolution, the approval of application(s) before submission of said application(s) to the State; and

WHEREAS, the applicant will enter into a contract with the State of California to complete the project(s);

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

1. Approves the filing of an application for the Recreational Trails Program; and

2. Certifies that the project is consistent with the applicant’s general plan or the equivalent planning document; and

3. Certifies that said applicant has, or will have, available prior to commencement of any work on the project(s) included in this application, sufficient funds to operate and maintain the project(s); and

4. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and

5. Appoints the General Manager or the Assistant General Manager of Finance and Management Services as an agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, and performs such acts which may be necessary for the completion of the project; and

57 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations, and guidelines; 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 multiple executed grant contracts from the Grants Manager. The budget amendments will include an increase in budgeted revenue, and a corresponding increase, in appropriation for the amount stipulated in the grant contracts; and

Moved by Director , seconded by Director , and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

59 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Acceptance of Completed Construction Projects for TIGER II Grants from the California Department of Transportation: Iron Horse Regional Trail and Carquinez Regional Shoreline (Margulici/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the acceptance of the completed construction projects on the Iron Horse Regional Trail and at Carquinez Regional Shoreline to comply with California Department of Transportation grant requirements.

REVENUE/COST

Acceptance of these construction projects will allow the final invoicing for $6,568,899 in TIGER II grants from the California Department of Transportation.

BACKGROUND

In 2010, the District was awarded grant funds from the Federal Highway Administration through the TIGER II grant program. The California Department of Transportation has been delegated the responsibility for the administration of the grant program and its necessary procedures. These procedures require the formal acceptance of construction projects by the local agency’s Board of Directors before the final reimbursement of grant funds will be made to the District. This action will allow the final request for reimbursement to be made by the District. The Bay Trail, Martinez Intermodal to Crockett project at Carquinez Regional Shoreline was completed by Goodfellow Top Grade Construction, LLC, Livermore, CA (Contract #10-12-601). The Iron Horse Trail, Dublin/Pleasanton BART to Santa Rita Road project was completed by FBD Vanguard Construction, Livermore, CA (Contract #01-13-604). Both projects are in service and have been accepted by District staff.

ALTERNATIVES:

No alternatives are recommended.

60 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

ACCEPTANCE OF COMPLETED CONSTRUCTION PROJECTS FOR TIGER II GRANTS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION: IRON HORSE REGIONAL TRAIL AND CARQUINEZ REGIONAL SHORELINE

WHEREAS, the Federal Highway Administration has made available federal grant funds from the TIGER II Program; and

WHEREAS, the California Department of Transportation has been delegated the responsibility for the administration of the grant programs and its necessary procedures; and

WHEREAS, said procedures established by the California Department of Transportation require the Grantee’s Governing Body to certify by resolution, the acceptance of construction projects performed with the grant funds;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accept the completion of the Bay Trail, Martinez Intermodal to Crockett project at Carquinez Regional Shoreline completed by Goodfellow Top Grade Construction, LLC, Livermore, CA (Contract #10-12-601) and the Iron Horse Trail, Dublin/Pleasanton BART to Santa Rita Road project completed by FBD Vanguard Construction, Livermore, CA (Contract #01-13-604); and

BE IT FURTHER RESOLVED, that the General Manager, or his designee, 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 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

61 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

p. Acceptance of Grant for Wind Turbine Bat Fatality Study from the East Contra Costa County Habitat Conservancy: Altamont Pass Wind Resource Area (Margulici/Graul/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the acceptance of a grant from the East Contra Costa County Habitat Conservancy to conduct a bat fatality study in the Altamont Pass Wind Resource Area (APWRA).

REVENUE/COST

There is $110,000 in grant funding available for a study to understand collision mechanisms, the factors leading to bat fatalities, and improve the accuracy of fatality estimates. The project will be matched with approximately $10,000 in existing staff time. This project will not increase the District’s long term operational cost.

BACKGROUND

The District has acquired lands within the APWRA that have existing wind farm leases and infrastructure. A primary mission of the District is to preserve and protect natural resources and wildlife for the benefit of the public and future generations. Recent research in APWRA has revealed high fatality rates of bats, although these estimates have been accompanied by wide confidence ranges. Recent studies have also revealed that bat impacts were previously under- estimated in the APWRA due to fatality search intervals being performed at timed intervals that were inappropriate for detecting bat carcasses. This study would improve testing methods including the use of dogs as a cost-effective way for finding bat fatalities. It would also examine bat behavior near wind turbines to better understand collision mechanisms.

ALTERNATIVES

No alternatives are recommended.

62 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015- 09 -

September 1, 2015

ACCEPTANCE OF GRANT FOR WIND TURBINE BAT FATALITY STUDY FROM THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY: ALTAMONT PASS WIND RESOURCE AREA

WHEREAS, East Contra Costa County Habitat Conservancy provides funding for the management, enhancement, and restoration of habitats and landscapes throughout East County; and

WHEREAS, a primary mission of the District is to preserve and protect natural resources and wildlife for the benefit of the public and future generations, the District has acquired lands within the Altamont Pass Wind Resource Area (APWRA) that have existing wind farm leases and infrastructure; and

WHEREAS, the goals of this study are to improve understanding of collision mechanisms, factors leading to bat fatalities, and to improve the accuracy of bat fatality estimates; and

NOW, THERFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the acceptance of $110,000 in grant funds from the East Contra Costa County Habitat Conservancy to conduct a bat fatality study in the APWRA; and

BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services are authorized on behalf of the District and in its name, be authorized and directed to accept grant funds and execute and deliver such documents, including but not limited to applications, agreements, payment requests and amendments, and to perform such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution; and

63 Moved by Director , seconded by Director , and adopted this 1st day of September, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

64 FINANCE AND MANAGEMENT SERVICES 65

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

PUBLIC HEARING

2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. Approval of Resolution Declaring the Formation of a Community Facilities District (C-1 Las Trampas); Calling a Special Election; Declaring Results of a Special Landowner Election and Directing the Recordation of a Special Tax Lien; and Authorizing the Levy of Special Taxes (Spaulding/Auker/Collins)

RECOMMENDATION

The General Manager and Board Finance Committee (by unanimous vote) recommend to the full Board of Directors the approval of the following after holding a public hearing regarding the formation of a Community Facilities District (C-1 Las Trampas): 1. Resolution declaring the formation of the Community Facilities District, and 2. Resolution calling a special election, and 3. Resolution declaring results of a special landowner election and directing the recordation of a special tax lien, and 4. Ordinance authorizing the levy of special taxes.

REVENUE/COST

The authorization to levy the Special Tax on the 20 properties within the CFD boundaries will generate approximately $6,000 per year, which is equal to the estimated costs. This revenue is to cover the services provided to the newly dedicated property including required administration costs. There is no cost to this action. The budget for the CFD formation is approximately $20,000, which includes the contract with NBS, as Special Tax Consultant and Jones Hall, as Special Counsel. These costs will be recouped through CFD revenues.

BACKGROUND

If this action is approved, the District will be forming a Community Facilities District (CFD) as a mechanism to fund the maintenance of dedicated open space areas. The current CFD proposed is for a 20-parcel single family residential development project located in the Town of Danville. The conditions of approval, issued by the Town of Danville for this project, include the dedication of 96 acres of open space on the eastern slope of the Las Trampas Hills, and the requirement that

66 the developer confirm a funding mechanism to finance the maintenance of this open space and the trails adjacent to the development.

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

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

2) The landowner/developer submitted a CFD petition/waiver that requests formation of the CFD and waives applicable waiting periods for CFD special tax election on June 19, 2015.

3) The Resolution of Intention, which includes the proposed boundaries of the CFD, the description of services to be funded, the Rate and Method of Apportionment (RMA), and the dates for public hearing and landowner election, was approved by the Board of Directors on July 7, 2015.

4) The boundary map was approved by the Board of Directors on July 7, 2015 and recorded with Contra Costa County on July 20, 2015.

5) Election materials were provided to the landowner, including election ballot, envelope and instructions on August 7, 2015. The election ballot is due to the Clerk of the Board by August 31.

6) On September 1, 2015, the Board of Directors will hold a noticed public hearing and approve the Resolution of Formation and Resolution Calling Election, conduct the landowner election, and Declare Election Results by resolution. The Board will also approve the Ordinance to Levy Special Taxes.

The details of the final actions to be taken on September 1 are listed below:

Resolution of Formation (Attachment A) This resolution provides the following actions: a. Declares that the Board held a public hearing on September 1, 2015 and did not receive a majority protest that would eliminate the District’s ability to levy a special tax. b. Affirms that CFD No. C-1 Las Trampas is in conformity with the Local Goals and Policies adopted by the Board on June 16, 2015. c. Confirms the CFD name and boundary map. d. Confirms the types of services to be funded. e. States the intent to levy special taxes annually, in accordance with the RMA. f. States that the District CFO is responsible for preparing the annual levy of taxes. g. Establishes a preliminary appropriations limit as required by State law. h. Sets the CFD election.

Resolution Calling a Special Tax Election (Attachment B) This resolution provides the following actions: a. States that the levy of special tax and establishment of the appropriations limit shall be submitted to the qualified electors of the CFD.

67 b. Confirms that due to the lack of registered voters in the CFD the qualified electors are the landowners within the CFD. c. Hereby calls the special tax election to be held on September 1, 2015 and designates the Clerk of the Board as the official to conduct the election. d. States certain requirements of the election and official ballot.

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

Ordinance Authorizing the Levy of Special Taxes in CFD-1 (Attachment D) This ordinance provides the following actions: a. Authorizes and levies the special tax within the CFD in accordance with the RMA. b. Authorizes and directs the District CFO to determine the annual levy of taxes as provided in the Resolution of Formation. c. States details of the collection of taxes by Contra Costa County.

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

ALTERNATIVES

None are recommended.

ATTACHMENTS

A. Resolution Declaring the Formation of Community Facilities District (C-1 Las Trampas) Exhibit A – Description of Services to be Funded by the CFD Exhibit B – CFD-1 Las Trampas Special Tax Report, including Boundary Map and Rate and Method of Apportionment of Special Tax B. Resolution Calling a Special Election for a Community Facilities District Exhibit A – Official Ballot Special Tax Election September 1, 2015 C. Resolution Declaring Results of a Special Landowner Election and Directing the Recordation of a Special Tax Lien Exhibit A – Canvass and Statement of Results of Special Election D. Ordinance Authorizing the Levy of Special Taxes

Page Left Blank Intentionally

69 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2015 – 09 -

September 1, 2015

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

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

WHEREAS, on July 7, 2015, the Board of Directors of the East Bay Regional Park District (the “District”) adopted Resolution No. 2015-07-194 entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (the “CFD”) under the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code (the “Act”); and

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

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

WHEREAS, the Resolution of Intention called for a public hearing pertaining to the formation of the CFD and the levy of said special tax to be held on September 1, 2015, at 2:00 p.m.; the public hearing was originally designated to be held in the regular meeting place of the Board of Directors at the East Bay Regional Park District Administration Building, 2950 Peralta Oaks Court, Oakland, California; however, due to construction at that site, the public hearing will be held at the Trudeau Training Center, 11500 Skyline Boulevard, Oakland, California; and

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

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

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

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

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

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

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

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

BE IT FURTHER RESOLVED, the community facilities district designated as the “East Bay Regional Park District Community Facilities District No. C-1 Las Trampas” of the District is hereby established pursuant to the Act.

BE IT FURTHER RESOLVED, the boundaries of the CFD, as set forth in the map entitled "Map of Proposed Boundaries East Bay Regional Park District, Community Facilities District No. C-1 Las Trampas, East Bay Regional Park District, County of Contra Costa, State of California" heretofore recorded in the Contra Costa County Recorder’s Office on July 20, 2015, in Book 85 at Page 15 as Document No. 2015- 0149658-00 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD.

BE IT FURTHER RESOLVED, the type of public services proposed to be funded by the CFD and pursuant to the Act shall consist of those services (the Services”) shown in Exhibit A hereto and by this reference incorporated herein; Exhibit A constitutes a

71 non-substantive modification to the description of authorized Services set forth in the Resolution of Intention.

BE IT FURTHER RESOLVED, except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD pursuant to the rate and method of apportionment of the special tax, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the Board of Directors or its designee may determine, including direct billing of the affected landowners.

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

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

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

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

BE IT FURTHER RESOLVED, in accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at an amount equal to $6,000, and such appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.

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

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

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

Moved by Director , seconded by Director , and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

73 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD

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

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

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

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

74 EXHIBIT B

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

75 East Bay Regional Park District Community Facilities District No. C-1 Las Trampas Special Tax Report

September 2015

Prepared by

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

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

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

76 TABLE OF CONTENTS

INTRODUCTION 1

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

DESCRIPTION OF SERVICES 3

COST ESTIMATE 4 Estimated Cost of Services ...... 4 Fiscal Year 2015/16 Maximum Annual Special Tax...... 4

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

APPENDICES 6

APPENDIX A – BOUNDARY MAP A

APPENDIX B – RATE AND METHOD OF APPORTIONMENT B

77 INTRODUCTION

On July 7, 2015, the Board of Directors of the East Bay Regional Park District (the “District”) adopted a resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) under the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code (the “Act”), to finance certain municipal services (the “Services”) by levying special taxes (the “Special Taxes”) on the taxable property within the proposed East Bay Regional Park District Community Facilities District No. C- 1 Las Trampas (the “CFD”).

In the Resolution of Intention, the Board of Directors directed the study and filing of a public hearing report (the “Report”) required by Section 53321.5 of the Act containing the following:

1. A brief description of the Services; and

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

For particulars, reference is made to the Resolution of Intention.

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

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

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

 COST ESTIMATE. The initial cost estimate for the CFD services and the initial maximum annual Special Tax.

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

Community Facilities District No. C-1 Las Trampas 1 Special Tax Report 78 Prepared by NBS on behalf of the East Bay Regional Park District – September 2015 CFD INFORMATION Background

The CFD is located within the Town of Danville at the terminus of Midland Way, generally west of San Ramon Valley Boulevard and south of Sycamore Valley Road. The Town of Danville is located within Contra Costa County, approximately 30 miles east of San Francisco and approximately 40 miles north of San Jose. The proposed development plan is to create 20 single-family residential lots on approximately 10 acres of the project site, with the remainder of the project site, approximately 96 acres, to be designated as permanent open space.

Proposed Land Use

At build out, the CFD will include 20 single-family, detached residential units with home sizes ranging from 3,150 to 3,690 square feet. The homes will be situated on lots ranging in size from 10,700 to 22,800 square feet.

CFD Boundaries

The proposed boundaries of the CFD are those parcels on which Special Taxes may be levied and collected to pay for the costs and expenses of the Services. The proposed boundaries of the CFD are identified on the map of the CFD recorded on July 20, 2015, in Book 85 at Page 15 of Maps of Assessment and Community Facilities Districts as Document No. 2015-0149658-00 in the office of the County Recorder for the County of Contra Costa, a reduced copy of which is set forth in Appendix A of this Report. The CFD map is also on file with the Clerk of the Board, to which reference is hereby made.

Community Facilities District No. C-1 Las Trampas 2 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – September 2015 79 DESCRIPTION OF SERVICES

Community Facilities District No. C-1 Las Trampas 3 Special Tax Report 80 Prepared by NBS on behalf of the East Bay Regional Park District – September 2015 COST ESTIMATE Estimated Cost of Services

The Services and the estimated annual costs herein are subject to review and confirmation. The annual Services costs listed in the table below are estimates only; the actual costs may differ from those estimates herein.

Estimated Description Annual Costs Staffing $4,465 Scheduled Maintenance 958 Overhead 542 Total Services Cost Estimate $5,965

Fiscal Year 2015/16 Maximum Annual Special Tax

The Fiscal Year 2015/16 maximum annual Special Tax for Residential Property within the CFD is $298.00 per residential lot.

On each July 1, commencing on July 1, 2016, the maximum annual Special Tax shall be increased by the December annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area (the “CPI”). If on any July 1 the December annualized percentage change in the CPI is negative, the percentage change in the maximum annual Special Tax shall be zero.

Community Facilities District No. C-1 Las Trampas 4 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – September 2015 81 RATE AND METHOD OF APPORTIONMENT

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

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

Term of Special Tax

The Special Tax shall commence in Fiscal Year 2015/16 and shall be levied until such time the District determines that revenues are no longer needed to fund the annual Special Tax requirement.

Manner of Collection

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

Community Facilities District No. C-1 Las Trampas 5 Special Tax Report 82 Prepared by NBS on behalf of the East Bay Regional Park District – September 2015 APPENDICES

Boundary Map A

Rate and Method of Apportionment B

Community Facilities District No. C-1 Las Trampas 6 Special Tax Report Prepared by NBS on behalf of the East Bay Regional Park District – September 2015 83 APPENDIX A – BOUNDARY MAP

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

84 85 APPENDIX B – RATE AND METHOD OF APPORTIONMENT

The following pages provide a copy of the CFD’s Rate and Method of Apportionment included in the Resolution of Intention and approved by the Board of Directors on July 7, 2015.

Page Left Blank Intentionally

87 RATE AND METHOD OF APPORTIONMENT FOR EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 (Las Trampas)

A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (“CFD No. C-1”) and collected each Fiscal Year commencing in Fiscal Year 2015-2016 in an amount determined by the Board through the application of the appropriate Special Tax for Taxable Property as described below. All of the real property in CFD No. C-1, unless exempted by law or by the provisions hereof, shall be taxed for purposes of CFD No. C-1, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meaning:

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

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

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. C-1 including, but not limited to, the following: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the District, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the District, or otherwise); the costs to the District, CFD No. C-1, or any designee thereof of complying with disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the District, CFD No. C-1, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the District or CFD No. C-1 for any other administrative purposes, including, but not limited to, attorney’s fees; costs associated with annexations to CFD No. C-1; and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

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

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

“Authorized Services” means the public services authorized to be funded by CFD No. C-1 as set forth in the resolutions of formation adopted by the Board establishing CFD No. C-1.

“Board” means the Board of Directors of the East Bay Regional Park District, acting as the legislative body of CFD No. C-1.

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

East Bay Regional Park District 88 Community Facilities District No. C-1 (Las Trampas) Page 1 “CFD No. C-1” means the East Bay Regional Park District Community Facilities District No. C-1 (Las Trampas).

“County” means the County of Contra Costa.

“District” means the East Bay Regional Park District.

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

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

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

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

“Open Space Property” means property within the boundaries of CFD No. C-1 which (i) has been designated with specific boundaries and acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the District, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the District limiting the use of such property to open space.

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

“Public Property” means any property within the boundaries of CFD No. C-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and acreage on a final subdivision map as property which will be owned by a public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. For purposes of this definition, a “public agency” includes the federal government, the State, the County, the District, or any other public agency.

“Rate and Method” means this Rate and Method of Apportionment for CFD No. C-1.

“Residential Lot(s)” means an individual Assessor’s Parcel for which a building permit could be issued to construct one or more residential dwelling units.

“Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year, which designates Residential Lots.

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

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

East Bay Regional Park District Community Facilities District No. C-1 (Las Trampas) Page 2 89 “Special Tax Requirement” means that amount of Special Tax revenue required in any Fiscal Year, as determined by the CFD Administrator, for the following purposes: (i) to pay the costs of Authorized Services; (ii) to pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement replacement funds, or reserve funds for CFD No. C-1; (iv) to pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. The Special Tax Requirement shall be net of a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.

“State” means the State of California.

“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. C-1 that are not classified as Exempt Property under the Act or Section E below.

“Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. C-1 not classified as Residential Property or Non-Residential Property.

B. ASSIGNMENT TO LAND USE CATEGORIES

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

C. MAXIMUM ANNUAL SPECIAL TAX

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

2015-2016 Maximum Property Land Use Annual Special Tax Amount Residential Property $298.00 per Residential Lot

Non-Residential Property $0.00 per Acre

Undeveloped Property $0.00 per Acre

On July 1 of each Fiscal Year, commencing on July 1, 2016, the Maximum Annual Special Tax shall be increased by the Special Tax Escalation Factor multiplied by the amount of the Maximum Annual Special Tax in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2015-2016 and for each subsequent Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement.

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

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

East Bay Regional Park District 90 Community Facilities District No. C-1 (Las Trampas) Page 3 Assessor’s Parcel of Residential Property be increased by more than 10% above what it would have been levied had there been no delinquencies.

E. EXEMPTIONS

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

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

F. APPEALS AND INTERPRETATION

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

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

G. MANNER OF COLLECTION

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

H. NO PREPAYMENT OF SPECIAL TAX

The Special Tax may not be prepaid.

I. TERM OF SPECIAL TAX

The Special Tax shall be levied, commencing in Fiscal Year 2015-2016, as long as necessary to satisfy the Special Tax Requirement.

East Bay Regional Park District Community Facilities District No. C-1 (Las Trampas) Page 4 91 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2015 – 09 -

September 1, 2015

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

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

WHEREAS, the Board of Directors of the East Bay Regional Park District (the “District”) adopted a resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (the “CFD”), defining the public services (the “Services”) to be provided by the CFD, authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and

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

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

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

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

BE IT FURTHER RESOLVED, this Board of Directors hereby calls a special election to consider the issues described above, which shall be held on September 1, 2015, and the results thereof canvassed at the meeting of this Board of Directors on

92 September 1, 2015. The Clerk of the Board is hereby designated as the official to conduct the special election and to receive all ballots until the close of business prior to the special election date. It is hereby acknowledged that the Clerk of the Board has on file the Resolution of Formation, a map of the boundaries of the CFD, and a sufficient description to allow the Clerk of the Board to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board hereby finds that Section 4108 is applicable to this special election, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election.

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

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

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

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

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

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

Moved by Director , seconded by Director , and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

95 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

OFFICIAL BALLOT

SPECIAL TAX ELECTION (September 1, 2015)

This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope, either by mail or in person, to the office of the Clerk of the Board of the East Bay Regional Park District no later than 5:00 p.m. on Monday, August 31, 2015. The Clerk of the Board’s office is located at the East Bay Regional Park District Administration Building, 2950 Peralta Oaks Court, Oakland, California.

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

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

BALLOT MEASURE: Shall the East Bay Regional Park District be authorized to annually levy a special tax solely on lands within the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the District adopted by the Board of YES: Directors on September 1, 2015, commencing Fiscal Year 2015-2016, to finance the costs of the maintenance, NO: improvement, and servicing of parklands, trails, open space, and related parkland access improvements, and to pay the costs of administering the CFD, and shall the initial annual appropriations limit of the CFD be established in an amount equal to $6,000?

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

Number of Votes: 113

Property Owner: PONDEROSA HOMES II, INC.

By: ______

Property Owned by Property Owner: Contra Costa Assessor’s Parcel Numbers: 208- 160-007 and 208-160-008

Page Left Blank Intentionally

97 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2015 – 09 -

September 1, 2015

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

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

WHEREAS, this Board of Directors of the East Bay Regional Park District (the “District”) adopted a resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (the “CFD”), defining the public services (the “Services”) to be provided by the CFD, authorizing the levy of a special tax on property within the CFD, and preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and

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

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

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

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

BE IT FURTHER RESOLVED, the issues presented at the special election were the levy of a special tax within the CFD and the approval of an initial annual appropriations limit of $6,000, all pursuant to the Resolution of Formation.

BE IT FURTHER RESOLVED, the Board of Directors hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for

98 the CFD. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the CFD by more than two-thirds of the votes cast at the special election.

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

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

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

Moved by Director , seconded by Director , and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

99 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION

I hereby certify that on September 1, 2015, I canvassed the returns of the special election held on September 1, 2015, for the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas and the total number of ballots cast in such special election and the total number of votes cast for and against the measure is as follows and the totals shown for and against the measure are full, true and correct:

Qualified Landowner Votes Votes Votes Votes Cast YES NO East Bay Regional Park District Community Facilities District No. C-1 Las Trampas ______Special Tax Election - September 1, 2015

BALLOT MEASURE: Shall the East Bay Regional Park District be authorized to annually levy a special tax solely on lands within the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (the “CFD”) in accordance with the rate and method contained in the Resolution of Formation of the District adopted by the Board of Directors on September 1, 2015, commencing Fiscal Year 2015-2016, to finance the costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements, and to pay the costs of administering the CFD, and shall the initial annual appropriations limit of the CFD be established in an amount equal to $6,000?

Yes: ______

No: ______

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on September 1, 2015.

By: Clerk of the Board East Bay Regional Park District

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101 EAST BAY REGIONAL PARK DISTRICT

Ordinance No. 2015 – 09 -

September 1, 2015

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

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-1 LAS TRAMPAS

WHEREAS, the Board of Directors of the East Bay Regional Park District (the “District”) on July 7, 2015 adopted Resolution No. 2015-07-194 entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) and has conducted proceedings (the “Proceedings”) to establish the East Bay Regional Park District Community Facilities District No. C-1 Las Trampas (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code (the “Act”) to finance the costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements within or in the vicinity of the CFD (the “Services), as provided in the Act; and

WHEREAS, the Resolution of Intention called for a public hearing to be held on September 1, 2015, and as part of the Proceedings, the Board of Directors held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the CFD to finance the Services, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Board of Directors, and a full and fair public hearing was held; and

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

WHEREAS, on September 1, 2015, a special election was held among the landowner voters within the CFD at which the landowner voters approved the proposition relating to the levy of Special Taxes within the CFD and the establishment of an appropriations limit for the CFD by the two-thirds vote required by the Act, and such approval has been confirmed by resolution of this Board of Directors; and

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

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

Section 1. The foregoing recitals are true and correct.

Section 2. By the passage of this Ordinance, the Board of Directors hereby authorize and levy the Special Tax within the CFD pursuant to the Act, at the rates and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2015-2016 and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD, as contemplated by the Resolution of Formation and the Proceedings.

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

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

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

Section 6. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Board of Directors may provide for other appropriate methods of collection by resolution(s) of the Board of Directors. The Chief Financial Officer of the District is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Contra Costa in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Contra Costa for fiscal year 2015-2016 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the District.

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

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

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

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

Moved by Director , seconded by Director , and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

104

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105

REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES

b. Authorization to Amend the 2015 Budget for Mid-Year Appropriations and Transfers (Burnor/Auker/Collins)

RECOMMENDATION

On July 22, 2015 the General Manager and the Board Finance Committee (by unanimous vote) recommended that the Board of Directors approve certain 2015 mid-year appropriations and transfers described below. Proposed mid-year adjustments include replenishment of committed reserve funds, transfers out to the Major Infrastructure Renovation and Replacement Fund (MIRR), new General Fund appropriations for urgent or opportunity projects and purchases, appropriations of Measure CC Reserves, Measure WW development and contingency funds, and Coyote Hills/Dumbarton Quarry Fund.

SUMMARY

Each year, after the prior year audit has been completed in June, staff determines if there are any funds in excess of the District’s reserve policies that are available for replenishing reserves, one-time appropriations, use to pay down unfunded liabilities, or to fund infrastructure and replacement programs. Staff also reviews the mid-year status of the current budget to determine if there are additional priority needs that were not known during the prior budget cycle. This information is analyzed, along with the information discussed at the annual Board Workshops and consolidated into specific recommendations for mid-year budget adjustments.

This mid-year budget action will:  Appropriate a total of $8.4 million from the General Fund to the Major Infrastructure Replacement fund, refunding contingencies, and recently identified one-time projects or purchase priorities.  Reallocate $4.65 million from the existing Future Facilities project to specific projects.  Appropriate bond contingency reserves and development funds to specific projects as discussed at the Board Workshops.

106 REVENUE/COST

General Fund:

The District’s General Fund ended the 2014 year with positive growth in fund balance, exceeding the District’s reserve policy requirements by $9.5 million. Based on a mid-year financial review it is recommended that a total of $8.362 million of these funds be appropriated as follows: 1. Replenishing contingency reserve funds for elections and legal costs $1,600,000 2. Funding the Major Infrastructure Renovation and Replacement Fund $ 5,000,000 3. Appropriating funds to17 projects/purchases arising since budget process $ 1,768,200 Total General Fund Appropriation $ 8,368,200 Remaining Fund Balance for future needs $ 1,130,000

The details of these appropriations are listed in Exhibit A.

Re-appropriation of Existing Budget Balance– Future Facilities Project:

Funds for the replacement and/or renovation of District staff-related facilities (offices, shops, service yards, etc.) are not generally available from voter approved measures (WW/CC) or grants. Therefore, in December 2008, the Board set aside $6 million dollars in General Fund monies for “Future District Facilities” (Project 250000) with the understanding that some or all of this funding could be available to replace Public Safety Headquarters and the aging South County Corp Yard. Subsequently, the Promissory Note funds have been made available for those purposes and consistent with the intent of the original appropriation; staff suggests that $4.65 million of the budgeted, but unspent funds from this project be used in other staff-facility projects. This action is cost neutral and will not increase the Districts’ total appropriation for expenditure. The remaining balance in this project will be $1.03 million after these proposed transfers:

Location Description Coding Amount Re-appropriation Future 333-7110-000-7020\ 250000 1 District Wide ($4,650,000) District Facilities funding DS10 Augment the budget to “Build 333-7110-000-7020\ 120300 2 South County 1,500,000 Maintenance Shop” DS10 Coyote Hills 333-7110-265-7020 \ 153400 3 /Dumbarton Construct Service Yard 1,000,000 DS10 Quarry 333-7110-496-7020 \ 173500 4 Point Pinole Build Service Yard 2,000,000 DS10 Construct Vehicular Atlas 336-7110-496-6191\ 539700 5 Point Pinole 150,000 Road Bridge DS10 Net adjustments $0

107

Appropriation of Tipping Fee Funds:

The cost for construction of the Coyote Hills Service Yard is currently estimated at $2 million. To augment the $1 million appropriation proposed above, it is recommended that an additional $1 million be appropriated to the Coyote Hills service yard project from the accumulated tipping fees collected at Dumbarton Quarry. This will provide a total $2 million appropriation for this project.

Appropriation of Funds from Measures CC & WW:

The Board Workshop discussions included the recommended use of WW and Measure CC contingency/reserve funds for three active major projects. It is proposed that funds from Measure CC and WW be appropriated as follows:

1. MLK Jr Shoreline Doolittle Trail –Appropriation of $1.5 million CC Contingency Reserve. 2. Point Pinole Visitor Center – Appropriation of $1 million from CC Contingency Reserve. 3. Point Pinole Atlas Road Bridge ($6.24 million shortfall) – Appropriation of: a. $700,000 from CC Contingency Reserve b. $2 million from WW Contingency Reserves c. $3,390,000 from the remainder of the WW Point Pinole Unallocated Development Funds. d. $150,000 from the future facilities (noted above).

A summary of all proposed appropriations and transfers, including remaining balances is included at Exhibit B.

RECOMMENDATION

Staff requests that the Board approve the proposed 2015 mid-year budget adjustments for new appropriations and transfers, allowing staff to proceed with critical programs and projects for the remainder of the 2015 fiscal year.

ALTERNATIVES

None are recommended.

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109 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 09 -

September 1, 2015

AUTHORIZATION TO AMEND THE 2015 BUDGET FOR MID-YEAR APPROPRIATIONS AND TRANSFERS

WHEREAS, annually adjustments to appropriations are proposed mid-year; and

WHEREAS, staff has identified various programs and projects that require funding in 2015, staff proposes the following:

o Use of $1,600,000 General Fund to replenish the Legal and Election Cost contingencies,

o Transfer to the Infrastructure Renovation and Replacement Fund appropriations of $5,000,000,

o General Fund appropriations, totaling of $1,768,200,

o Transfer of previously appropriated General Fund monies from the Future District Facilities project to four other projects,

o Appropriation of $3,200,000 Measure CC Reserves,

o Coyote Hills/Dumbarton Quarry Tipping Fund appropriation of $1,000,000,

o Appropriation of $2,000,000 Measure WW Contingency,

o Appropriation of $3,390,000 Measure WW Point Pinole Development Allocation Area funds; and

WHEREAS, the Board Finance Committee reviewed this item at their meeting on July 22, 2015, and recommended favorable consideration of this item by the Board of Directors,

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves 2015 mid-year budget adjustments as described in the preceding staff report and exhibits; and

110

Moved by Director , seconded by Director and approved on this 1st day of September 2015, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

111

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112 Exhibit A Detail of Proposed New Appropriations

GENERAL FUND REQUESTS – Refund Depleted Contingency Reserve Accounts: Location Name Description Coding Amount

Funding committed but not District Legal appropriated within the 101-0000-000- 1 $ 1,000,000 Wide Contingency General Fund for legal 2844 contingency. District Elections Funding committed for future 101-0000-000- 2 600,000 Wide Contingency election costs. 2841 Replenish GF Contingency $ 1,600,000

ADDITIONAL GENERAL FUND REQUESTS:

Name/ Location Description Coding Amount Department Transfer to Fund 553 for renovation projects. Annual District Infrastructure 3 need is $9 million. This will 553-9110-000-3980 $ 5,000,000 Wide Renovation bring 2014’s amount to $8.5 million. Need additional funding to District Aircraft 4 cover costs of outside contract 101-8230-000-6161 123,000 Wide Maintenance servicing due to staff illness. Hazardous Tree Program District replenishment – drought 5 Operations 101-5110-000-6191 80,000 Wide issues

District General Replenish GM contingency 6 101-2010-000-5831 55,000 Wide Manger Sound Study at Chabot Gun Anthony Club – Replenish Ops Admin 7 Sound Study 101-2010-000-5833 57,000 Chabot budget

Water Quality at Chabot Gun Anthony Water Quality Club – Replenish Stewardship 8 101-7460-000-6191 125,000 Chabot Study budget

Replenish budget for blue green District Blue Green 101-7450-000-6191 45,000 9 algae treatment and testing Wide Algae 101-7460-000-6191 30,000

Replenish budget for bio- District Bio- 10 monitoring 101-7420-000-6191 75,000 Wide monitoring

113

Name/ Location Description Coding Amount Department

Human Resources seeks District Affordable funding for an Affordable Care 11 101-2210-000-6191 30,000 Wide Care Act Act professional services contract Black 333-5161-100- Mine safety, additional costs 12 Diamond Operations 7020/ 121102 140,000

Mine DS10 Industrial firefighter training District Fire 13 and overtime 101-8310-000-6902 30,000 Wide Department

Civicorp contract minimum District 14 Operations wage increase gap closure 101-5012-000-6191 33,200 Wide

Public Safety (Spillman) District Dispatch CAD/record system 333-4150-000-7020 15 500,000 Wide System replacement; managed by IS / 153500 DS10

Borel property costs/safety 333-5161-170-7010 Las fencing to be installed by 16 Safety security / 50,000 Trampas Operations 218601 DS10

District Public Safety radio maintenance 17 Public Safety 101-8130-000-6191 150,000 Wide Additional consultant support- District 18 Public Safety survey for Public Safety 101-8110-000-6191 25,000 Wide

Modular buildings (2 portables District to be reused after Public Safety 19 Public Safety 101-8110-000-5311 100,000 Wide building project.)

District Security cameras 20 Public Safety 101-5110-000-5371 120,000 Wide

Total Proposed General Fund Appropriations $ 5,768,200

114 Exhibit A - Continued Detail of Proposed New Appropriations

Re-appropriation of Existing Budget Balance– Future Facilities Project: It is recommended that $4.65 million of the budgeted, but unspent project funds be re- appropriated for other staff-facility projects. This action is cost neutral and will not increase the Districts’ total appropriation for expenditure. The remaining balance in this project will be $1.03 million after these proposed transfers:

Location Description Coding Amount Re-appropriation Future 333-7110-000-7020\ 250000 1 District Wide ($4,650,000) District Facilities funding DS10 Augment the budget to “Build 333-7110-000-7020\ 120300 2 South County 1,500,000 Maintenance Shop” DS10 333-7110-265-7020 \ 153400 3 Coyote Hills Construct Service Yard 1,000,000 DS10 333-7110-496-7020 \ 173500 4 Point Pinole Build Service Yard 2,000,000 DS10 Construct Vehicular Atlas 336-7110-496-6191\ 539700 5 Point Pinole 150,000 Road Bridge DS10 Net adjustments $0

Appropriation of Tipping Fee Funds: It is recommended that an additional $1 million be appropriated to the Coyote Hills service yard project from the accumulated tipping fees collected at Dumbarton Quarry. This will provide a total $2 million appropriation for this project.

Location Description Coding Amount Service Yard-Coyote 1 Coyote Hills Hills/Dumbarton Quarry Fund 333-7110-265-7020\ 153400 $ 1,000,000 (tipping fees) DS10

115 Exhibit A - Continued Detail of Proposed New Appropriations

Detail of Proposed Use of Measure CC Reserves Staff requests the use of $3.2 million of the available $4.7 million reserve balance, for three projects as follows:

Location Description Coding Amount Study and Build Doolittle MLK Jr Trail (revise project 336-7110-437-6191 \ 500100 1 $1,500,000 Shoreline scope) MCCT

Build Visitor Center 333-7110-496-7020\ 146700 2 Point Pinole 1,000,000 MCCT Construct Vehicular 336-7110-496-6191 \ 539700 3 Point Pinole 700,000 Bridge MCCT Total Proposed Use of Measure CC Reserves $3,200,000

Detail of Proposed Use of Measure WW Point Pinole Allocation Area Development Funds and Measure WW Contingency The following table recommends additional appropriations necessary to complete the Atlas Road Bridge project; using the remainder of Measure WW development funds from the Point Pinole allocation and Measure WW contingency. Measure WW contingency currently has $26,250,000 available for appropriation.

Location Description Coding Amount Construct Vehicular 1 Point Pinole Bridge Measure WW 336-7110-496-6191 \ 539700 Contingency WP68 $ 2,000,000 Construct Vehicular 2 Point Pinole Bridge WW Point Pinole 336-7110-496-6191 \ 539700 Development Allocation WP49 $ 3,390,000 Total Proposed Use of Measure WW $ 5,390,000

116 Exhibit B Mid‐Year Review

2015 Mid-year Review Finance Committee Recommendation to Board of Directors September 1, 2015

Coyote Hills Future Measure CC Measure WW WW-Point General Fund General Fund Fund Tipping Facilities (Proj Contingency/ Contingency/ Unallocated General Fund (uses of mid-year available balances) Division Total Amount Contingencies Operating Fees 250000) Reserves Reserves Dev 1 Replenish Depleted Fund Balances 2 Legal Contingency Legal$ 1,000,000 1,000,000 3 Elections Contingency FMS$ 600,000 600,000 4 5 Transfer to Infrastructure Replacement Fund 553 $ 5,000,000 5,000,000 6 7 Replenish Depleted Annual Operating Accounts: 8 Aircraft maintenance costs P. Safety$ 123,000 123,000 9 Hazardous Tree Program replenishment – drought issues OPS$ 80,000 80,000 10 Replenish GM contingency (a/c 5821,5831,5833 ) GM $ 55,000 55,000 11 Sound Study at Chabot Gun Club – Replenish Ops Admin budget OPS $ 57,000 57,000 12 Water Quality at Chabot Gun Club – Replenish Stewardship budget ASD $ 125,000 125,000 13 Replenish budget for blue green algae treatment and testing ASD $ 75,000 75,000 14 Replenish budget for biomonitoring ASD $ 75,000 75,000 15 Affordable Care Act professional services contract HR $ 30,000 30,000 16 17 Other Requests: 18 Public Safety (Spillman) dispatch system replacement P. Safety$ 500,000 500,000 19 Mine safety, additional costs OPS $ 140,000 140,000 20 Industrial firefighter training and overtime P. Safety$ 30,000 30,000 21 Civicorp contract minimum wage increase gap closure OPS $ 33,200 33,200 22 Borel property costs/safety fencing OPS $ 50,000 50,000 23 Public Safety radio maintenance P. Safety$ 150,000 150,000 24 Additional consultant support-survey FMS/PA$ 25,000 25,000 25 Modular buildings (2 portables to be reused after project) P. Safety$ 100,000 100,000 26 Cameras OPS $ 120,000 120,000

Project Funds 27 South County Equipment Shop $ 1,500,000 1,500,000 28 Point Pinole Service Yard $ 2,000,000 2,000,000 29 Coyote Hills/Dumbarton Quarry Service Yard $ 2,000,000 1,000,000 1,000,000 30 Point Pinole Atlas Road Bridge (funding shortfall of $6.24 million) $ 6,240,000 150,000 700,000 2,000,000 3,390,000 31 MLK Shoreline Doolittle Trail $ 1,500,000 1,500,000 32 Point Pinole Visitor Center $ 1,000,000 1,000,000

TOTAL PROPOSED APPROPRIATIONS 22,608,200 1,600,000 6,768,200 1,000,000 4,650,000 3,200,000 2,000,000 3,390,000

Amount Available 1,600,000 7,900,000 1,783,532 5,679,190 4,700,000 26,250,000 3,390,000

Remaining Balance - 1,131,800 783,532 1,029,190 1,500,000 24,250,000 -

117 2015 Mid Year for Finance Committee Review 7.22 1 8/26/2015 ACQUISITION STEWARDSHIP DEVELOPMENT DIVISION

118 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

RECOMMENDATION

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

REVENUE/COST

The subject property may be acquired for $2,048,000, its appraised fair market value, plus acquisition costs as described below. Pursuant to the option, purchase and sale agreement (Agreement), an option payment of $25,000 shall be deposited into escrow and credited toward the purchase price upon execution of the Agreement. The District has until October 30, 2015 to satisfy all due diligence conditions precedent, at which time a $5,000 portion of the deposit shall be released to Sellers. This $5,000 deposit is non-refundable but shall be applicable to the purchase price if the Park District is able to satisfy all remaining conditions precedent, most notably final Board approval to exercise the option and purchase the property.

The Park District has until November 18, 2015 to exercise the option, and until December 18, 2015 to close escrow and purchase the property. This Board action authorizes the transfer and appropriation of Measure WW acquisition funds from the Calaveras Ridge allocation area from project account Designated for Acquisitions (CIP 229900WW00) to project account Wiedemann Ranch Inc./Bishop Ranch Acquisition (CIP 243100WP12) for the option payment and associated acquisition expenses as follows:

119 TRANSFER AND APPROPRIATE FROM: Designated for Acquisitions – Measure WW Undesignated (229900WW00) $ 50,300 Total Current Appropriation $ 50,300

TRANSFER AND APPROPRIATE TO: Wiedemann Ranch Inc./Bishop Ranch Acquisition (243100WP12) Option Payment $ 25,000 Appraisal 4,800 Environmental Assessment 5,500 Staff Time 15,000 Total Current Project Cost $ 50,300

Staff will return to the Board at a later date to seek authorization for the transfer and appropriation of funds needed to complete the acquisition. At that time, the Measure WW Calaveras Ridge allocation area balance, currently at $8,940,000, will be reduced by the $2,048,000 purchase price plus associated staff time, direct acquisition costs, and requested safety and security funding, lowering the balance to below $6.9 million for this one project.

BACKGROUND

On August 12, 2014, by Resolution No. 2014- 08-204, the Board of Directors authorized staff to begin negotiations with Wiedemann Ranch, Inc. for the purchase of their 362.33± acre “Ag Lot 2” property. The subject property is located in unincorporated Contra Costa County at 1095 Hawkshead Circle, accessed through the 300-acre Norris Canyon Estates residential development approximately 0.6 miles east of the City of San Ramon off Norris Canyon Road. Bishop Ranch Open Space Regional Preserve is located adjacent to Ag Lot 2’s northern boundary, and Dublin Hills Regional Park is situated adjacent to the subject property’s southwestern boundary. Significant ridgelines characterize these three open space areas, with Donlan Point on Dublin Hills’s southern boundary connecting to Harlan Hill on Ag Lot 2, then northwards towards Bishop Ranch’s 1,000-foot elevation ridge.

Ag Lot 2’s irregularly shaped 362.33± acres is comprised of one assessor’s parcel number, APN 211-230-014, created in 2010 as a large-acreage country estate parcel as part of the Norris Canyon Estates subdivision. Development of the parcel is strictly controlled by a restrictive covenant and scenic easement recorded over the property designating an 8.79-acre development site, a 272.07-acre restricted development area, and an 81.47-acre scenic easement. Collectively, the various development agreements associated with the property prohibit further subdivision; require standards for grading, drainage and road construction; and limit development to a maximum of three structures with the primary dwelling not to exceed 30 feet in height.

Terrain and vegetation over the majority of the subject property is characterized by moderately to steeply sloping annual grasslands, significant woodlands located in the north and south canyons and ephemeral creeks. A prominent ridge between the two canyons, Harlan Hill, traverses the central part of the property. With a maximum elevation of 1,719 feet, Harlan Hill offers magnificent views of the San Francisco Bay and San Ramon Valley. Internal access within

120 Ag Lot 2 includes an unpaved ranch road about 10 feet in width extending approximately 0.65 miles east from Hawkshead Circle to that portion of the property designated as an allowable development site. A northerly ranch road serves the property’s northern canyon up towards the common boundary with Bishop Ranch Open Space Regional Preserve. A third road continues south into property’s “Big Canyon” at the northern boundary of Dublin Hills. Big Canyon is characterized by steep slopes and areas of dense vegetation with significant habitat value. Both the northern and southern roads require the use of four-wheel drive vehicles, while the main ranch road to the development site is regularly maintained and more readily accessible by all-wheel drive or standard vehicles.

Other than the ranch roads, a water well and a building pad, the property is undeveloped and has been used for cattle grazing since the 1850’s. Jeff and Nancy Wiedemann, officers of Wiedemann Ranch, Inc., currently graze the property together with adjacent parklands as one of the District’s grazing tenants. The property relies upon boxed springs and the well for current grazing water needs. The well, approximately 250 feet in depth, is run periodically with the aid of a generator and is estimated to produce between 10 – 25 gallons per minute (GPM). Ancillary grazing improvements include a 10,000-gallon metal water storage tank and covered livestock feeding pen. The institution of a tenant grazing program on the property consistent with the District’s wildland vegetation management policies will be considered during the due diligence period as part of staff’s standard Acquisition Evaluation process.

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

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

Staff recommends that the Board authorize entering into the Agreement and appropriating associated funds for the acquisition of this unique property. An Acquisition Evaluation determining consistency with the Park District’s Master Plan, the suitability of the property as an addition to the park system, as well as future operational needs such as the implementation of a grazing program, will be presented at that time when staff returns to the Board to seek authorization to exercise the option and purchase the property.

ALTERNATIVES No alternatives are recommended.

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122

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

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

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

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

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

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

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

WHEREAS, the Agreement calls for the deposit of a $25,000 option payment into escrow that is applicable to the purchase price. By October 30, 2015 the Park District shall satisfy the due diligence conditions precedent and release a $5,000 portion of said option payment to the Sellers, which is nonrefundable but applicable to the purchase price if the Park District is able to satisfy all remaining conditions precedent. Said option must be exercised by November 18, 2015 and escrow shall close by December 18, 2015; and

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

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to enter into the Agreement with Sellers for the purchase of the 362.33± acre subject property; and

123 BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $50,300 from project account Designated for Acquisitions – Measure WW – Undesignated (CIP 229900WW00), utilizing acquisition funds from the Calaveras Ridge Trail allocation area, to project account Wiedemann Ranch Inc./Bishop Ranch Acquisition (CIP 243100WP12) to fund acquisition-related expenses as shown on the attached Budget Change form; and

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

Moved by Director , seconded by Director and adopted this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

124 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

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

Account: 333-6330-000-7010 / Account: 333-6330-194-7010 / 229900WW00-100 $ 25,300.00 243100WP12-101 $ 25,300.00 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on September 1st, 2015 the General Manager recommends that the Board of Directors authorize the transfer of $25,300 of Measure WW Acquisition Calaveras Ridge acquisition allocation area to augment the existing acquisition project budget of $25,000. Previously, staff budgeted $25,000 Measure WW Calaveras Ridge acquisition allocation area funding to start the project.

As approved at the Board of Directors Meeting on date: 9/1/2015 Board of Directors Resolution Number: 2015-9- Posted By: Posted date: Signature:

S:\MNGTSRVS\BOARD - FINANCE AND MANAGEMENT SVS\FOR DAVE, DEBRA AND PAM REVIEW\September 1, 2015\C-3-a 243100 Wiedemann Ranch, Inc-Bishop Ranch 125 Bishop Ranch Open Space Regional Preserve East Bay Wiedemann Ranch, Inc. Property ± Regional Park District APN: 211-230-014 Environmental Programs August 4, 2014 Feet t:/bstone/mxd projects/Appraisal/ Area: 362.33 acres br_wiedemann_b+w.mxd 01,000 2,000 4,000 6,000

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Disclaimer: Boundary and property lines shown on this map do not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no PleasantonDublin Blvd liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written I 580 Ridge consent of EBRPD. Garin 126 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

3 ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

b. Authorization of an Exception to the CalPERS 180-Day Wait Period, Government Code Section 7522.56 & 21224 (Beshears/Victor/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an exception to the CalPERS 180-day wait period, Government Code Section 21224, in order to rehire former Trails Development Program Manager Jim Townsend as a temporary employee to train the new Trails Development Program Manager and to work on a specialized trail access project.

REVENUE/COST

It is anticipated that Mr. Townsend will work approximately 240 hours during the final quarter of 2015 at a cost of $13,500. This expense will be absorbed in the Acquisition, Stewardship and Development Division’s budget.

BACKGROUND

Prior to retirement, the Trails Development Program Manager was working very closely with the Legal Department, the Land Department, and the Design and Construction Department to secure legal access points at several locations across Union Pacific Railroad property. This work is very specialized, requires skills gained by the previous Trails Development Program Manager, and is nearing completion.

Additionally, the Trails Development Program Manager was in the position for ten years and is therefore uniquely qualified to provide additional temporary training to the new Trails Development Program Manager.

The California State pension reforms, under Government Code Section 21224 (known as PEPRA), specifies that to re-hire retired employees within 180 days of their retirement date, either as temporary employees or contractors, requires a finding by the legislative body of the agency that the position is critical to conducting the ongoing business of the District. Staff believes this position assigned to the tasks outlined above, meet the requirement of PEPRA.

128 ALTERNATIVES

The Board could decline to waive the 180-Day CalPERS waiting period. However, waiting 180 days would not allow for immediate training of the new Trails Development Manager and would jeopardize the current momentum on gaining trail access across the railroad. This alternative is not recommended.

129 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION OF AN EXCEPTION TO THE CALPERS 180-DAY WAIT PERIOD, GOVERNMENT CODE SECTION 7522.56 & 21224

WHEREAS, in compliance with Government Code Section 7522.56, the East Bay Regional Park District must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and

WHEREAS, Jim Townsend retired from the East Bay Regional Park District in the position of Information Trails Development Manager, effective August 3, 2015; and

WHEREAS, Government Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 11, 2014 without this certification resolution; and

WHEREAS, Government Code Section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and

WHEREAS, the East Bay Regional Park District and Jim Townsend certify that Jim Townsend has not and will not receive a “Golden Handshake” or any other retirement-related incentive; and

WHEREAS, the East Bay Regional Park District hereby appoints Jim Townsend as an “Extra Help Retired Annuitant” to perform the duties of the Trails Development Program Manager for the East Bay Regional Park District under Government Code Section 21224, effective September 2, 2015; and

WHEREAS, the entire employment agreement, contract or appointment document between Jim Townsend and the East Bay Regional Park District has been reviewed by this body and is attached herein; and

WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and

WHEREAS, the employment shall be limited to 960 hours per fiscal year; and

WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and

130 WHEREAS, the maximum base salary for this position is $9,734.40 and the hourly equivalent is $56.16, and the minimum base salary for this position is $6,590.13 and the hourly equivalent is $38.02; and

WHEREAS, Jim Townsend has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

WHEREAS, the hourly rate paid to Jim Townsend will be $56.16; and

WHEREAS, Jim Townsend has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and

NOW THEREFORE, BE IT RESOLVED that the East Bay Regional Park District hereby certifies the nature of the appointment of Jim Townsend as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Trails Development Program Manager for the East Bay Regional Park District by September 2, 2015 because of the need to cross-train his replacement in the position and to complete on-going negotiations regarding certain significant trail projects.

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

Moved by , seconded by , and approved this 1st day of September, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

131 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

3. FINANCE AND MANAGEMENT SERVICES

c. Authorization to Amend the 2015 Budget with Mid-Year Appropriations from the Major Renovation and Replacement Fund (553) (Burnor/Auker/Collins)

RECOMMENDATION

On July 22, 2015, the General Manager and the Board Finance Committee (by unanimous vote) recommended that the Board of Directors approve the 2015 transfer of $5 million in funding into, and appropriation for expenditure of $948,000 from, Fund 553 the Major Infrastructure Renovation and Replacement Fund.

REVENUE/COST

The Major Infrastructure Renovation and Replacement fund was established by Board action in September 2012 (Resolution #2012-9-232) to ensure continued public availability of existing park facilities by planning and funding their eventual major renovation and/or replacement. The District’s inventory of infrastructure includes a wide array of structures: water, sewer, electric and communication systems, paving, offices, shops, visitor centers, etc. necessary to sustaining safe public use of our parks and trails, and safe and efficient use by our employees.

This program is being formally developed by the use of an outside professional facilities assessment firm to provide regular, standard, assessments of the condition of all of the District’s facilities and assist the District in establishing the most efficient priorities and systems for retaining our assets in safe, useful condition, and to plan for their timely replacement.

The District has used ‘opportunity funds’ including the re-direction of much of the ‘smoothing reserve’ and year-end available fund balance to commit to this program. The 2013 adoption of the General Fund Balance policy formally makes Fund 553 appropriations a high priority for any identified excess funds. Separate Board action on this agenda recommends a 2015 appropriation of $5 million from the General Fund into Fund 553 to continue this program.

132

Fund 553 Current Balance:

Activity for Fund 553, sources and uses to date, are shown in the following table:

Transaction Type Amount Sources-Transfers In 2012 General Fund to 553 $2,921,000 2013 General Fund to 553 2,000,000 2014 General Fund to 553 8,500,000 2015 General Fund to 553 500,000 Total Transfers In $13,921,000

Transaction Type Amount Uses-Transfers Out To Various Projects between 2011-2014 $6,136,267

$500K each to Paving, Del Valle toilets and Redwood 1,500,000 Canyon Golf Facilities 2015 to date

Total Transfers Out $7,636,267 Sources-Interest Earned Total Interest Earned as of 12/31/2014 $80,320 Total Estimated Fund 553 Balance $6,365,053

Fund 553 Appropriations/Expenditures To date, nineteen project accounts have been funded with Fund 553 monies, as shown in the table on the following page:

133 Project Fund 553 Appropriations as of July 15, 2015

Location Project Description Appropriated Expenses Available Net

1 Anthony Chabot Seal and Stripe Road $ 301,500 $ 271,500 $ 30,000 2 Contra Loma Rehab Boat Launch Facility 400,000 0 400,000 3 Del Valle Renovate Water System 60,000 21,130 38,869 4 Del Valle Stabilize Water System 415,000 76,437 338,562 5 Del Valle Replace Campground Restroom 500,000 4,513 495,486 6 Del Valle Replace Campground Restroom 400,000 0 400,000 7 District Wide Complete Remote Monitoring Sys 300,000 0 300,000 8 District Wide Retrofit Facilities Energy Pln 1,000,000 22 999,977 9 District Wide Replace Microwave Antenna 24,552 24,552 0 10 District Wide Prelim Strategic Energy Plan 213,769 215,412 -1,643 11 District Wide Asset Management Study 175,000 17,436 157,563 12 District Wide Pave Roads and Trails 2,198,500 0 2,198,500 13 District Wide Replace Bridges District-Wide 17,946 22,106 -4,160 14 Las Trampas Replace Tracor Water System 150,000 0 150,000 15 Las Trampas Renovate Water System 30,000 9,339 20,660 16 MLK Jr Shr. Replace Arrowhead Boardwalk 500,000 34,378 465,621 17 Point Isabel Repair Bridge Access 150,000 0 150,000 18 Point Pinole Repair Pier Structure 300,000 0 300,000 19 Rdwd Cnyn Golf Renovate Golf Facility 500,000 0 500,000 TOTAL $ 7,636,267 696,825$ $ 6,939,435

Proposed Mid-year Budget Adjustments Staff has reviewed the project needs for the coming year and is proposing an additional appropriation of $948,000 to infrastructure projects as shown in the table below.

Location Description Coding Amount Anthony 336-5910-175-6191/ 1 Replace Residence $ 75,000 Chabot 515400 MIRR 333-7110-102-7020/ 2 Black Diamond Main Stair Replacement; 208,000 145900 MIRR 336-5910-204-6191/ 3 Camp Arroyo Replace Residence 75,000 514500 MIRR

336-5910-204-6191/ 4 Camp Arroyo Replace HVAC in six cabins. 65,000 515000 MIRR Vault Toilet Replacement 336-5910-000-6191/ 5 District-Wide 200,000 Program 535900 MIRR

134 Campground Improvements; 336-5110-000-6191/ 6 District-Wide available for matching 250,000 515600 MIRR Foundation grant. 336-5910-128-6191/ 7 Vasco Caves Replace Residence 75,000 515400 MIRR Total Proposed MIRR project appropriations $948,000

These proposed appropriations will leave a balance of approximately $5,417,053 in Fund 553 for future renovation or replacement work.

To fund future renovation projects, $5.0 million in additional funds are requested for transfer from the General Fund into Fund 553 as a part of the first Mid-year budget item on this agenda (also recommended by the Finance Committee), and a similar request will be considered as a part of the 2016 budget process.

Status of the Current Asset Management Study The District compiled an initial asset inventory, which was provided to the Board in 2013. Based on standard assumptions of asset-life, and estimated repair/replacement costs, the District’s infrastructure replacement cost was calculated at nearly $357 million. Therefore, the investment of funds necessary to provide for the renovation or replacement of these existing facilities in a serviceable condition was estimated to be approximately $9 million per year.

In 2014, the Board awarded a contract to VFA Inc. consulting firm to further our inventory records and develop priorities for facility improvements. VFA Inc., has been conducting a pilot program at four parks (Anthony Chabot, Lake Chabot, Tilden and Coyote Hills) constituting approximately 20% of the District. The project includes an independent engineering assessment necessary to enable the District to set aside an annual amount of funding to replace our facilities and continue our services to the public. Staff will provide an update to the Board on the initial results from VFA’s work at the four parks at the Board meeting.

ALTERNATIVES

None are recommended.

135 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 09 -

September 1, 2015

AUTHORIZATION TO AMEND THE 2014 BUDGET WITH MID-YEAR APPROPRIATIONS FROM THE MAJOR RENOVATION AND REPLACEMENT FUND

WHEREAS, annually adjustments to appropriations are proposed mid-year; and

WHEREAS, staff has reviewed the project needs for the coming year and is proposing an additional appropriation of $948,000 to infrastructure projects; and

WHEREAS, the Board Finance Committee reviewed this item at their meeting on July 22, 2015, and recommended favorable consideration of this item by the Board of Directors,

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves 2015 mid-year budget adjustments for Fund 553 as per the attached staff report; and

Moved by Director , seconded by Director and approved on this 1 st day of September 2015, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

136 Exhibit A Proposed Mid-Year Budget Adjustment Location Description Coding Amount

1 Anthony Chabot Replace Residence 336-5910-175-6191 / 515400MIRR 75,000

2 Black Diamond Main Stair Replacement 333-7110-102-7020 / 145900MIRR 208,000

3 Camp Arroyo Replace Residence 336-5910-204-6191 / 514500MIRR 75,000

4 Camp Arroyo Replace HVAC in six cabins 336-5910-204-6191 / 515000MIRR 65,000

5 District-Wide Vault Toilet Replacement Program 336-5910-000-6191 / 535900MIRR 200,000 Campground Improvements; available for 6 District-Wide matching Foundation grant 336-5110-000-6191 / 515600MIRR 250,000

7 Vasco Caves Replace Residence 336-5910-128-6191 / 515400MIRR 75,000 Total Proposed Appropriations 948,000

137 BOARD AND STAFF REPORTS

138 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

4. BOARD AND STAFF REPORTS

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

City of Pittsburg – Montreux

On August 17, 2015, the Pittsburg City Council voted unanimously to certify the Final Environmental Impact Report (EIR) for the Montreux residential subdivision. The Montreux project will develop 356 single family homes on a 148.3 acre lot currently located outside of the Pittsburg city limits on the west side of Kirker Pass Road, to the north of Nortonville Road and the District's Thomas North property. The property was added to the Pittsburg Urban Limit Line through approval of Measure P in 2005. The City of Pittsburg, Altec Homes, and Albert D. Seeno Jr. entered into a Memorandum of Understanding (MOU) in 2006 that initiated a General Plan study that would ensure that no additional urban development beyond the voter approved Urban Limit Line would occur; establish an open space fee and guidelines for the protection of a permanent greenbelt; and provide for the protection of the 800-acre Southport property located at the end of Nortonville Road adjacent to Black Diamond Mines Regional Preserve. The MOU requires the Montreux development to pay the District $2,000 per unit, paid at the time of building permit issuance, for open space acquisition in the Pittsburg area. The Final EIR for the Montreux project identified a number of significant impacts, many of which remain significant and unavoidable including aesthetic impacts resulting from hillside development, tree removal, and loss of rock outcrops; public service impacts on the Contra Costa Fire Protection District due to its distance to the nearest fire station; and significant and unavoidable air quality impacts. The project will require approval of the rezoning and vesting tentative map, and will require approval of the Contra Costa County LAFCO for approval of the annexation into the City of Pittsburg.

City of San Leandro – San Leandro Shoreline Development Project

On July 20, 2015, the San Leandro City Council voted unanimously to certify the Final Environmental Impact Report (EIR) for the San Leandro Shoreline Development Project (Project). The City Council also unanimously approved a General Plan Map Amendment and an ordinance rezoning the San Leandro Shoreline Development Project site from Commercial Recreation to Residential Multi-Family and Community Commercial. The San Leandro Development Project is a mixed use development on a 75 acre project site, comprised of 52

139 acres on land and 23 acres on the water. It is located at the current site of the San Leandro Marina along Marina Bay Drive and to the south of Oyster Bay Regional Shoreline. The Project includes a new 200-room hotel, conference center, office campus, 354 housing units, new restaurants, parking structure, library, small boat launch, and kayak storage. The existing San Francisco Bay Trail currently passes through the project site and the Project plans to provide a Class 1 trail along the waterfront that would connect to the existing Bay Trail and a Class II bicycle lane that would complete the bicycle lane along Monarch Bay Drive. The Bay Trail connection north of the project site to Oyster Bay Regional Shoreline runs along Neptune Drive and was designated a Class III bike lane in the 2010 San Leandro Bicycle and Pedestrian Master Plan. Completion of the Bay Trail gap in this area would require construction of a Class I or Class II trail and will not be included in the scope of the San Leandro Shoreline Development Project.

140 GM COMMENTS

141 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

5. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Recreation Unit Manager Dania Stoneham will present an update on the status of the various drought conditions affecting operations District-wide, as well as water efficiency strategy and plans currently in effect.

GM COMMENTS Public Safety From June 20 to July 19, 2015, the Public Safety Division handled 959 service calls and 792 total incidents. Highlights are included below.

Police There were 22 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 584 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 313 field interviews (contacts without citations or arrests) and contacted 9 people on probation or parole to conduct compliance checks.

 Anthony Chabot: On June 21, Eagle 6 searched for and located a lost child. The child was recovered by ground patrol units and reunited with his mother.

On July 4, Eagle 6 assisted staff in locating an injured bicycle-accident victim in a wooded, remote area. The victim was transported to a staging area where care was transferred to awaiting medical personnel.

 Black Diamond: On July 9, officers and a K9 unit responded to the report of an alarm at the Kregor Peak Communications Tower building. Two suspects were located inside and arrested for commercial burglary. The suspects had extensive criminal histories.

 Briones: On June 24, staff conducted training with the District Fire Department and the CHP Air Support Unit. CHP helicopter crews taught the correct use of equipment for hoist rescue operations with fire personnel.

On July 4, Eagle 6 responded to a .25-acre vegetation fire and searched for a possible arson suspect.

142

 Contra Loma: On June 24, Eagle 6 provided reports on conditions of a vegetation fire and conducted fire suppression operations. The water drops provided by Eagle protected the Contra Loma Substation and Operations building during the fast moving fire.

 Coyote Hills: On June 28, officers and detectives responded to the report of a deceased person, with a gunshot wound, near the entrance of the park. The case is being investigated as a murder and is ongoing.

 Delta DeAnza Trail: On July 10, an officer responded to the report of an armed robbery. The victim had arranged to meet a buyer for his PlayStation, and was robbed at gunpoint.

 District-wide: On July 4, Contra Loma, Cull Canyon, Crown Beach, Del Valle, Don Castro, Lake Chabot, Roberts, and Shadow Cliffs swim areas were closed at full capacity.

 Hayward Regional Shoreline: On July 5, Eagle 6 responded to a 26-acre vegetation fire and conducted fire suppression operations, including dropping 18 buckets of water which prevented the spreading of the fire and damage to wildlife habitat.

 Martinez Regional Shoreline: On June 26, Eagle 6 located a remote, well-hidden homeless encampment. Eagle provided cover and communication relay while ground patrol units made contact with subjects.

 Miller Knox: On July 18, officers responded to the report of two gunshot wound victims. The victims were taken to the hospital for non-life threatening injuries and the incident is being investigated as gang related.

 Out of Park: On July 9, officers responded to a mutual aid request from Alameda County Sheriff’s Office to assist with a subject barricaded at a house near the District’s Police Headquarters. The subject had a murder warrant out of Stockton.

 Point Isabel: On July 2, officers responded to the report of a body washed up on the shore. The case is being investigated as a homicide and is ongoing.

 Redwood: On July 6, an officer attempted to stop a possible auto burglary suspect. The car fled and a short pursuit ensued. Alameda County Sheriff deputies assisted in locating the vehicle and the occupants were arrested. Stolen property was located in the trunk.

 Round Valley: On June 22, Eagle 6 searched for, located, and directed ground units to lost hikers on a water district service road. Ground units safely returned the hikers to their vehicles.

 San Francisco Water District JPA: On July 2, Eagle 6 conducted an observation flight for a lightning-strike vegetation fire with District Fire and Cal Fire staff, in a State Responsible Area near the Ohlone Wilderness,.

143 Fire Operations Fire Response  Contra Loma: On June 24, firefighters, Contra Costa County Fire, and Cal Fire responded to a 533-acre vegetation fire at Contra Loma. Once the fire was contained District firefighters relieved Cal Fire and Contra Costa County Fire, and remained on scene mopping up hotspots for two days.

 Deer Valley Regional Park Land Bank: On July 18, firefighters and Cal Fire responded to a 35-acre vegetation fire at 1901 Deer Valley Road. District firefighters and Cal Fire remained on scene mopping up hotspots.

 Hayward Shoreline: On July 5, firefighters and Hayward Fire responded to a vegetation fire at Hayward Shoreline Regional Park. The fire was approximately .25 acre.

 Point Pinole: On July 4, firefighters and Richmond Fire responded to a vegetation fire. The fire was approximately one acre.

 Quarry Lakes: On June 21, firefighters responded to a one-acre vegetation fire near Rainbow Lake. Once on scene, firefighters relieved Fremont Fire and mopped up the remaining hotspots and investigated the fire.

 Sunol: On July 2, firefighters assisted Cal Fire with a 40-acre vegetation fire caused by a lightning strike. Firefighters helped fight the fire and remained on scene with Cal Fire mopping up hotspots.

 Sycamore Valley: On July 7, firefighters and Cal Fire responded to a 93-acre vegetation fire. The fire was located behind the Sycamore Valley Elementary School in Danville.

 Vasco Caves: On June 30, firefighters, Alameda County, East County, and Cal Fire responded to a 195-acre vegetation fire at the park. After containment, firefighters remained on scene mopping up hotspots overnight.

Special Service  Jr. Life Guard Program: On July 1, firefighters provided a special service presentation to the Jr. Life Guards at Lake Anza. The topic was fire safety outdoors and in home.

Medical/Accident/Injury  Various Locations: Firefighters responded to fifteen medical emergencies, two bicycle accidents, and one personal injury throughout the District.

Fire Fuels Management  District-wide: The Student Conservation Association completed five weeks of vegetation removal and trails maintenance. This project was funded in part by a $50,000 PG&E grant awarded to the District by the Diablo Fire Safe Council for fuel reduction work.

 Oakland and Berkeley Hills Parks: Contractors continued the multi-site eucalyptus regeneration control project.

144

 Tilden: Contractors completed the eucalyptus removal project along Seaview Trail.

Lifeguard Service  Del Valle: On July 18, staff piloted a Spanish-language drowning prevention program. The program, “Vamos a Aprender” (Let’s Learn), strives to educate Latino families on water safety and proper lifejacket use.

On June 24, and July 15, staff assisted the Richmond Police Activities League with their Aquatic Adventure Camp. Lifeguards provided water safety and drowning prevention training. Aquatic Adventure Camp is part of the California State Department of Water Resources drowning prevention campaign.

 District-wide: From June 29 through July 10, and July 20 through July 31, staff piloted a Junior Lifeguard Cadet Program. These two-week programs trained 14-17 year-olds interested in developing skills to prepare them for a future lifeguard job with the District.

 Lake Chabot: On July 14, staff responded to a witnessed submersion. Staff worked with EBRPD and Alameda County Fire to search for the victim. The victim surfaced two weeks later and the death was determined to be a suicide.

 Out of District, Berkeley: On July 10, staff participated in the Early Childhood Safety Campaign hosted by Habitot Children’s Museum. Lifeguards helped teach families about water safety and lifejacket use. Over 200 participants attended the event.

 Trudeau: On July 13, staff piloted and hosted the first District Women in Leadership Conference. Approximately 70 District employees attended. Panelists included Director Beverly Lane, Director Diane Burgis, Human Resources Manager Sukari Beshears, Chief of Interpretive and Recreation Anne Kassebaum, Recreation Areas Unit Manager Dania Stoneham, Acting Grants Manager Tiffany Margulici, Resource Analyst Jessica Sheppard, and Recreation Supervisor Colleen Massey.

145 BOARD COMMITTEE REPORTS

146 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, September 1, 2015

C. BUSINESS BEFORE THE BOARD

7. BOARD COMMITTEE REPORTS

a. Finance Committee Minutes and Recommended Actions from the May 27, 2015 (Lane) Attendees Board: Directors Beverly Lane, Ayn Wieskamp, Dennis Waespi

Staff: Robert E. Doyle, Dave Collins, Debra Auker, Deborah Spaulding, Pam Burnor, Kim Balingit, David Sumner, Nadine Vargas, Meadow D’Arcy, Larry Tong, Bob Nisbet, Jaimie LeBow, Carol Victor, Anna Fong, Janet Lam

Speakers: Vavrinek, Trine, Day and Company, AJ Major, Audit Partner NBS, Tim Seufert, Managing Director

Public: None

Committee chair Beverly Lane began the meeting at 12:35 PM with the introduction of committee members.

Agenda Item No. 1 Community Facilities District Formation: Review Draft Local Goals and Policies, Resolution of Intention, Draft Rate and Method of Apportionment, and Boundary Map

CFO, Debra Auker reported the District is beginning the process of forming a Community Facilities District (CFD) as a mechanism to fund park maintenance services for open space areas dedicated to the District through development. CFD’s are formed under the Mello-Roos Community Facilities Act of 1982. This will be the first CFD formation for the District.

The CFD proposed is for a 20-parcel single family residential development project located in the Town of Danville.

General Manager Robert E. Doyle added that the Board is familiar the “Zone of Benefit” a special assessments used in the past as a funding mechanism to maintain dedicated property. The Community Facilities District would replace the old methodology of the Zone of Benefit.

147

CFO Auker stated her goal is to make sure the committee members understand the process, how staff determined the cost model and to review documents required by the government code statute.

CFO Auker introduced special tax consultant Tim Seufert, Managing Director with NBS to advise the committee of some differences between Zone of Benefit and CFD’s.

NBS Seufert explained the difference between assessments taxes (Zone of Benefit) and special tax (CFD’s) and why the new funding mechanism (CFD) is beneficial to the District.

Committee chair Beverly Lane asked if a 2/3 vote is needed to implement an assessment district tax. NBS Tim replied no, a majority of property owners, not the voters, is needed.

Committee chair Lane asked if it is getting difficult to create Zone of Benefit with developers. NBS Seufert explained Zone of Benefit is more challenging; special and general assessments have to be separated; annually the District has to prove a direct benefit to property owners with objective analysis and engineering statistics. Also, after the adoption of Proposition 218, the courts no longer give deference to local jurisdiction (the Finance Committee) – it now goes through the courts and must be reviewed based on the record. CFO Auker added the administration process is less cumbersome with CFD’s.

Committee member Ayn Wieskamp asked if other agencies are using CFD’s. NBS Seufert responded yes many agencies use CFD’s, adding the City of Alameda as well as larger districts in southern California are going to CFD’s.

Committee member Wieskamp asked since annual engineers report are not required how will the District identify money collected and spent. NBS Seufert replied the District will receive an annual report on how money is spent; a straight forward report stating number of parcels charted with special tax, the budget and how money was expended.

CFO Auker continued to report on the cost model used for establishing the minimum tax per parcel in the CFD. CFO Auker distributed handouts explaining how staff formulated the cost model.

General Manager Doyle added staff is presenting the facts and data on the real/actual costs to maintain the donated open space.

Committee chair Lane asked if there will be a physical location for any endangered species. Chief of Planning/GIS Larry Tong replied yes, 30 acres of the 96 acres donated would be set aside as a conservation easement area. Chief of Planning Tong added the developers will maintain the conservation easement area at their cost.

Committee member Dennis Waespi asked with an annual cost of living increase, would the 20 homeowners have the ability, under Proposition 218, to protest an increase. NBS Seufert replied no, it’s set from inception.

148

CFO Auker continued with report explaining the CFD’s timeline and discussing the adoption of Local Goals and Policies; Petition to Create a Community Facilities District and Related Matters; Rate and Method of Apportionment and Resolution of Intention (handouts provided).

Committee chair Lane appreciated getting answers to her questions. She expressed the need to further address the amount per household for the 20 homeowners. General Manager Doyle added staff develop a policy for subdivisions under 25 lots and how to share a percentage of the maintenance cost.

Committee member Wieskamp requested more discussion with the Board of Directors at their meeting June 16, 2015 on establishing a CFD.

Committee chair Lane agreed the Board of Directors should discuss more as the CFD will be a major tool for District in the future

CFO Auker responded that Finance, at the June 16, 2015 Board meeting, will introduce the CFD concepts and discuss the formation process and bring the Local Goals and Policies. In addition staff will explain components of the cost model.

All finance committee members agreed.

RECOMMENDATION: Motioned by Ayn Wieskamp and seconded by Dennis Waespi that the Finance Committee recommends to the full Board of Directors to prepare a report for June 16, 2015 Board Meeting and review the concept of the Community Facilities District (CFD) Formation Process. Motion approved.

Agenda Item No. 2 Draft 2014 Comprehensive Annual Financial Report, SAS 114 Auditor’s Communications with Those Charged with Governance, Agreed Upon Procedure Applied to Appropriations Limit Calculation

CFO Auker introduced the District’s 2014 Comprehensive Annual Financial Report (CAFR), and stated that each year an independent audit is conducted of the District’s financial information and internal controls. She stated that the December 31, 2014 audit resulted in a “clean” unmodified opinion from the auditors.

AJ Major from Vavrinek, Trine, Day and Company (VTD) was introduced and he summarized the audit report as follows:

• The financial statements are the responsibility of management. • The audit work performed provides a reasonable basis for the auditor’s opinion. • In the auditor’s opinion the financial statement presented fairly, in all material respects, the financial position of the District.

149 • The financial statements are in conformity with accounting generally accepted accounting principles.

The SAS 114 communication with those charged with governance provided information about internal control weaknesses encountered. A material weakness is the most severe issue, a significant deficiency a step lower in significance, and a control deficiency the lowest level of finding. AJ Major stated that during the 2014 audit the District had no material weakness (the internal controls are functioning as they should), and no Management Letter Comments.

CFO Auker thanked AJ Major for his information and reiterated the District is in sound financial condition with internal controls functioning properly. CFO Auker proceeded to present details of the 2014 CAFR:

• Net position in the government-wide statements, which are presented on a full accrual basis, increased $74.5 million during 2014 to $795.9 million. $52 million of the increase is attributed to capital grants and contributions, of which $49.7 million is related to property acquisitions. The balance of the increase in net position was $22.5 million and was consistent with prior years.

Committee chair Beverly Lane asked if the District had $52 million in grants this year. CFO Auker replied the $52 million is grants and contributions in 2014.

Governmental funds and internal service funds both had overall positive changes in fund balance/net position in 2014

• General Fund fund balance decreased $5.7 million due to the transfer of $6.0 million to the Major Infrastructure Renovation and Replacement Fund. • Debt service funds fund balance decreased $1.7 million, mainly as a result of Measure WW 2013A bond payments. • Total internal service funds net position, which is presented on a full accrual basis of accounting, increased $8.7 million during 2014 to $29.7 million. • The major difference between the full accrual basis of accounting, under which net position is reported on the government-wide statement, and modified accrual basis of accounting, under which fund balances are reported on the fund financial statement, are as follows: o The government-wide statements include depreciation expense ($7.2 million), o The government-wide statements do not include capital asset costs as expenses ($38.0 million), o Government-wide statements do not include debt service principal payments as expenses ($25.4 million). o Government-wide statements recognize revenues earned but unavailable, unlike fund financial statements (net amount of $1.4 million). o • General Fund fund balance, included in the governmental and financial statements decreased $5.7 million. o Revenues totaled $117.1 million, which was comparable to 2013

150 o Expenditures totaled $106.0 million, which was comparable to 2013. o General Fund transfers out totaled $17.8 million. • The General Fund Reserve (Unassigned) Fund Balance Policy requires that 32% of the prior year’s revenue be maintained in unassigned fund balance. The results of the 2014 General Fund year end was a $48.8 million unassigned fund balance, which was $10 million over the minimum reserve requirement. Per the General Fund Reserve (Unassigned) Fund Balance Policy, the excess amount can be used to fund Major Infrastructure Renovation Replacement Fund, one-time appropriations or remain in unassigned fund balance.

CFO Auker continued to report on the District’s funding of retiree benefits; as well as explaining the implementation of GASB 67 (how pensions are reported).

• EBRPD General Employee Plan 75.8% funded • EBRPD Sworn Safety Plan 68.9% funded • CalPERS Miscellaneous Plan 69.2% funded • CalPERS Sworn Safety Plan 77.5% funded • OPEB Plan 48.4% funded

Committee chair Lane appreciated the good news. Committee chair Wieskamp congratulated Finance staff for a job well done.

CFO Auker thanked the Finance Staff, in particular Kim Balingit, Accountant Manager for managing the audit and the auditors for their assistance and asked for Committee recommendation.

RECOMMENDATION: Motioned by Ayn Wieskamp and seconded by Dennis Waespi that the Finance Committee recommends to the full Board of Directors to review the financial reports and submit the 2013 Comprehensive Annual Financial Report and other reports to Board of Directors and Management to the Board of Directors for consideration and acceptance. Motion approved.

Agenda Item No. 3 Annual Risk Management Report

Acting Risk Manager Anna Fong provided an overview on the worker’s compensation program and advised the Finance Committee the District has been experiencing a downward trend in the frequency of reported work injuries in the last decade. Claim frequency was slightly up from the previous year at 113 reported claims. However, this is a 29% decline in reported claims when compared to claims reported ten years ago.

The challenge to the worker’s compensation exposure is controlling the escalating medical through management of expenses and proactive settlements. Insurance costs are continuing to trend upward, overall costs for July 2015 through June 2016 policy year are up $135,750 (11.7% from current rates).

151 o The District’s current worker’s compensation policy is self-funded up to $350,000, (claims over $350,000 are directed to excess carrier). The excess insurance, however, is getting increasing more expensive.

Acting Risk Manager Fong spoke of the numerous ways Risk Management mitigates with Workers Comp and General Liability claims along with explaining the implemented Safely Trainings and weekly “Tailgate Safety Meetings”.

Committee chair Lane asked what is discussed during training. Acting Risk Manager Fong responded the topics discussed are: hearing protection, respitory fittings, confined space training, heat & exhaustion policies etc.

Committee chair Lane inquired if Risk focuses on how to lift properly. Acting Risk Manager Fong answered yes adding that an ergonomics’ specialists comes out and goes over lifting techniques as well as demonstrates proper stretching.

Committee chair Lane asked if District has special safety classes for new employees. Acting Risk Manager Fong replied yes and in addition to the classes the Supervisors have their own internal safety meetings required for new employees before they begin their assignment.

Committee chair Lane stressed the importance to talk to new hires about safety (i.e. lifting, moving etc.) and encourage ergonomics specialist to come in and look carpelltunel.

Committee member Waespi asked if District has a light-duty program. Acting Risk Manager Fong answered yes, the District has a return to work program that places employees who cannot be accommodated in their department to another area within their skill set.

RECOMMENDATION: Motioned by Dennis Waespi and seconded by Ayn Wieskamp that the Finance Committee recommends to the full Board of Directors for renewal of the existing insurance programs of workers’ compensation excess insurance at $465,000, property insurance at $372,000, general liability insurance at $348,000, watercraft insurance at $2,700, aviation insurance at $100,000, crime insurance at $3,800 and $1,600 for cyber liability coverage. Motion Approved

Agenda Item No. 4 2016 Budget Calendar

Budget Manager Pam Burnor reported that the budget calendar is presented to the Finance Committee annually. The purpose of report is to provide the Finance Committee with an overview of the District’s budget schedule anticipated for the 2016 budget process.

Board Workshops The budget planning began earlier this year, with the first of Board Workshops in March and the last one in June to address capital, land acquisitions and trail projects.

152 Budget Preparation Activity Highlights, by month: June – Coaching sessions for the GM, AGM’s and all managers in regards to performance measurements. Departmental verification of staffing levels, location and funding source of District employees. July – Prepare preliminary budget. Determine need for current year mid-year adjustments. Work on updated performance measures. August – Finance distributes base budget to departments and instructions related to budget requests. Budget workshops are conducted to provide assistance to budget preparers. September – Revenues are estimated to establish the base budget revenue available for appropriation in 2016. The General Manager and AGM Group discuss and prioritize budget request within the amount of the projected capacity for both the operating and capital budgets. October to December – Present proposed budget to Finance Committee in November and to Board of Directors and public during two public sessions in December. Budget adopted after second public hearing. February 2016 – Hard copy budget documents, including Operating, Project and Budget Brief will be distributed to the Board and AGMs and the electronic version will be posted on the Districts website at the same time.

Committee chair Lane asked if staff is comfortable using the performance measures. Budget manager Burnor replied it’s been six years and staff continue to refine measures.

Recommendation: None. This is an information item only.

Agenda Item No. 5 2015 Completed Project Closures

Administrative Analyst Nadine Vargas presented the annual formal closures of completed projects in the District’s financial records. Project closure information was solicited from project managers. Before closure was completed, projects with revenue surplus or shortages were trued up, and balance of excess funding will be returned to the original source. The most restricted project resources were used first and in the following order: grants, then bonds, then General Fund.

Land-related Projects Administrative Analyst Vargas proceeded to report on a total of twenty land-related projects, which were recommended for closure. The list included both acquisitions and safety/security- type projects. Based on the proposed closures, the net impact will be as follows:

• $13,505 to Measure AA allocation areas, • $43,818 to Measure WW allocation areas, • $10,057 transfer of budget and actuals between two projects, and • $2,844 additional appropriation from Measure WW Bond Carquinez Strait acquisition allocation.

153 Other Than Asset (OTA) related projects A total of nineteen OTA projects were recommended for closure. One project will require additional funding from the General Fund excess in the amount of $9,255 for expenses exceeding the budgeted amount. The net General Fund excess returning from nine of these projects is $34,383. One project has an excess of $51,039 will be returned to Measure WW allocation area. One project with unused budget of $27, 656 will be returned to Measure CC.

RECOMMENDATION: Motioned by Ayn Wieskamp and seconded by Dennis Waespi that the Finance Committee recommends to the full Board of Directors approval to review proposed closures, budgetary adjustments. Motioned approved.

Agenda Item No. 6 Wells Fargo Banking Contract Extension

Assistant Finance Officer Deborah Spaulding reported the District is extending the current contract with Wells Fargo Bank. Wells Fargo Bank has been the District’s banking partner for the past five years. The current agreement with Wells Fargo, allows for biennial extensions to be approved administratively. The current extension will expire July 1, 2015. District staff met with Wells Fargo client relationship team to discuss extending the terms and conditions of the existing agreement for an additional two years. The bank has committed to this extension of existing pricing, which has provided significant reductions in annual bank service charges from our prior banking relationship. The District will extend agreement with Wells Faro Bank for an additional two years, extending until July 1, 2017. Before the expiration of this term the Finance Department will commence a completive review of banking services.

Committee member Waespi asked how much the District pays for Wells Fargo Bank’s services.

Asst. Finance Officer Spaulding replied approximately $3,000 a month; additionally explaining the way the contract is set up any interest earned on the bank balance, Wells Fargo nets that against the cost.

Recommendation: None. This is an informational item only.

Agenda Item No. 7 Committee Member Comments No comments

Agenda Item No. 8 Public Comment There were no public comments Committee chair Lane adjourned the meeting at 3:20 p.m.

Respectfully submitted, Connie Swisher Finance

154 NEWSCLIPS

155

ABC7 SPECIAL Monday, August 24, 2015 04:05PM

Just Like Me: The Taylor Family Foundation

ABC7 News is proud to partner with The Taylor Family Foundation which, since 1990, has been serving children with developmental disabilities, life- threatening and chronic illnesses such as brain tumors, autism, heart disease, diabetes, pediatric cancers, skin disease, asthma, burn survivors and pediatric HIV/AIDS.

For 25 years, The Taylor Family Foundation has helped children and families facing chronic medical, developmental, and emotional challenges. Part of that journey has been beautiful Camp Arroyo, a safe haven for these kids to find comfort by being with others just like them.

ABC7's Cheryl Jennings takes us through The Taylor Family Foundation's 25 years and introduces us to some courageous and inspiring people who are changing the lives of those in need.

"Just Like Me: The Taylor Family Foundation"premiered on ABC7 Sunday, August 23, 2015 at 6:30 p.m.

It will also air at the following date and time: Sunday, September 6, 2015 at 4:30 p.m.

Day in the Park TTFF will celebrate 25 years of giving at its annual Day in the Park auction fundraiser scheduled for Sunday, August 30 from 11:30 a.m. to 6:00 p.m. at Camp Arroyo in Livermore.

156

Governor Brown Sends Firefighting Assistance to State of Washington by News Center on August 23, 2015

SACRAMENTO – As thousands of homes and residents are threatened by devastating and deadly wildfires in the state of Washington, Governor Edmund G. Brown Jr. today directed his Office of Emergency Services (Cal OES) and CAL FIRE to send firefighters and equipment north to help battle the flames.

“We understand the devastating impacts of wildfires here in California and our hearts go out to the residents and first responders on the front lines in Washington,” said Mark Ghilarducci, Director of the California Governor’s Office of Emergency Services. “Our mutual aid system is built on the concept of neighbor helping neighbor, and this is another great example of helping our neighbors in a time of dire need,” said Ghilarducci.

Four strike teams of fire engines and personnel (20 fire engines) from local government agencies and CAL FIRE departed northern California on Sunday. They are expected to arrive in Washington sometime early Monday morning.

“The State of Washington came to our aid in 2008 when we had over 2000 fires burning simultaneously in Northern California,” said Chief Ken Pimlott, CAL FIRE director. “Wildland firefighting is a team endeavor and we will support Washington in their time of need.”

In addition to equipment and personnel from Cal OES and CAL FIRE’s Amador-El Dorado and Nevada-Yuba-Placer Units, the following local government agencies make up the mutual aid contingent headed to the state of Washington: Colma Fire Protection Department, Dixon Fire Protection District, East Bay Regional Park District Fire Department, Modesto City Fire Department, North County Fire Authority (City of Pacifica), San Mateo City Fire Department, Santa Clara County Fire Department, Stanislaus Consolidated Fire Protection District, Winters Fire Department, West Stanislaus Fire Protection Department, Woodbridge Fire District.

Media Contacts:

Lynne Tolmachoff Kelly Huston CAL FIRE PIO Cal OES Deputy Director (916) 628-3191 (916) 607-7657

157

Oakley planning new community trail and pedestrian bridge over Marsh Creek Aug. 20, 2014 Heather Brewer

Famed author Hans Christian Andersen once wrote that just living is not enough ... one must have sunshine, freedom, and a little flower. Living in California makes it easy to get those things, and the City of Oakley is aiming to make it even more convenient, with a multiuse trail and pedestrian bridge project currently in the works. “Capital Improvement Project No. 39 consists of a multiuse trail connection and the installation of a prefabricated pedestrian bridge over Marsh Creek, located east of Marsh Creek Glen Park at Hill Avenue,” said Kevin Rohani, city public works director, in a staff report. “The pedestrian bridge will be an integral connection from the park to the Marsh Creek Regional Trail that runs along the east side of the creek and connects to various trail systems within the community. The proposed improvements consist of bridge abutments; asphalt concrete ADA-compliant bridge approaches; chain link fencing and gates; and the installation of temporary and permanent erosion-control products on each side of the creek slope.” According to city documents, the design of this project had originally begun in 2012, but due to staffing transitions and other priorities, it had not been completed. Staff recently completed the design and the project’s construction contract was awarded to Breneman Inc., a construction and civil engineering firm out of Walnut Creek. “On Aug. 6, six bids were received for this project,” said Rohani in the same report. “Staff reviewed the bids and determined that Breneman, Inc. was the lowest responsible bidder for the project at a cost of $244,860. Current appropriations for the project are $250,000 … from the lighting and landscaping district fund as budgeted for fiscal year 2015-16, in addition to appropriating another $20,000 provision for contingency from the same fund. These funds are sufficient to fund the contract in full, as well as for materials testing, contingency and environmental surveying.” Officials outside the city are looking forward to completion of the trail. 158 “What we are finding is that people want access to these parks and trails, not only for recreation and exercise, but also for alternate, eco-friendly transportation options,” said Diane Burgis, board member of the East Bay Regional Parks District for Ward 7. “They are taking their bicycles on these trails to commute and this project will really encourage that green, healthy lifestyle.” Oakley officials are also quite certain the project will benefit not only city residents individually, but also the community as a whole. “Trails are a very popular recreational amenity and this bridge will provide additional access along the trail at Marsh Creek,” said Bryan Montgomery, Oakley’s city manager. “(They) get people out and about and help people enjoy life and the beautiful surroundings that we have here in the Delta. Fit people are happier people and studies show that walking trails help keep communities safer by having more eyes and ears out and about.” While no exact date for completion has yet been set, the city expects the project to be complete in late October or early November, barring any unforeseen delays.

159

Alameda: Final cove concert of year sets attendance record --- Alameda Journal

POSTED: 08/19/2015 04:52:19 PM ALAMEDA -- A combination of great weather, a popular local headline band, and a fiddling family drew a record 1,500 people to Crab Cove to enjoy the final 2015 concert in the popular Concerts at the Cove music series produced by the Rotary Club of Alameda, the East Bay Regional Park District and the Regional Parks Foundation.

Soulstice, which won the 2013 Battle of the Bands competition, returned to the Crab Cove stage with its California reggae sound. "We love to play in Alameda," said percussionist Mike Shiplet said. "All of us are connected to Alameda and playing at Crab Cove for family and friends is so great." The crowd applauded the band for an encore that lasted 15 minutes. The surprise of the evening was the intermission performance by The Barefoot Quales. Six-year-old Niko Quales took center stage with fiddle in hand and was flanked by older brothers Teo, 9, and Miles, 11, who captivated the audience. Parents Christopher and Maria Quales provided backup and cousin Rory O'Neill joined in on bass guitar. The August concert was one the biggest in recent history, according to Jeff Cambra, Concerts at the Cove chairman. "This concert was off the hook," Cambra said. "If you tried to walk through the crowd, there was no room to step. Faction Brewing and Rock Wall ran out of product before the concert ended. Thanks to our production partners, the park district and the Regional Parks Foundation, our generous sponsors, many volunteers, and of course, the community, it looks like the club will be able to distribute $20,000 to Alameda based nonprofits this December as part of the Season of Giving Community Grant project," Cambra said.

160 NEWS

Sick sea lion rescued on Alameda's Crown Beach dies

Wilbur, a 7-foot sea lion, was rescued at Crown Beach in Alameda, Calif. on Tuesday, August 18, 2015. (Dean C. Smith/KGO-TV)

Tuesday, August 18, 2015 05:02PM

ALAMEDA, Calif. (KGO) --

A sick sea lion named Wilbur that was rescued from Crown Beach in Alameda on Tuesday has died.

The 300-pound, 7-foot-long mammal was rescued by a team of volunteers early Tuesday morning. They say he was lethargic at the time and barely moved when a net was put over him.

Wilbur passed away at the Marine Mammal Center in Sausalito later in afternoon.

161

Piedmonter/Montclarion letters: Why East Bay eucalyptus trees removal a good thing

The Piedmonter and Montclarion POSTED: 08/12/2015 09:51:07 AM PDT UPDATED: 08/12/2015 09:51:07 AM PDT

Why eucalyptus trees removal a good thing

There is a lot of hysteria and misinformation floating around concerning the removal of the eucalyptus trees in the East Bay Hills. Here are some truths: • The trees were planted in the late 19th century as a lumber crop that proved to be a huge failure due to their tendency to crack and twist when dried.

• They are alien to our natural environment and have out-competed and decimated our native trees and plants.

• Due to the acid in their leaves and bark, they create a sterile environment around them and kill other plant life.

• If you lived through the East Bay firestorm or watched the Australian super- fires that have raged on for months, you will understand that eucalyptus trees are fire bombs.

• The trees are messy, brittle and continuously drop their bark, small branches, leaves and acorns, which serve as their own fire starters.

• Because the trees can reproduce by sprouting, a small amount of herbicide must be used. If you are not a eucalyptus sprout, you will be just fine.

• Our native wildlife will thrive in the restored habitat.

• If the East Bay Hills are allowed to return to a more native state of grass and oak woodland, it will be beautiful.

Donna Whitmore Hayward

162

Alameda County: Fishing line recycling program expanded to aid marine wildlife

By Rebecca Parr [email protected] POSTED: 08/12/2015

SAN LEANDRO -- Cindy Margulis walked along a stretch of the San Leandro Marina, stopping every few feet to pick up discarded fishing line.

"It's everywhere. And it can cause painful deaths to marine wildlife when they get tangled up in it," said the executive director of the Golden Gate Audubon Society.

To make it easy for fishermen to dispose of used monofilament, the nonprofit group is installing fishing line recycling bins at popular fishing spots along the Alameda County shoreline.

Thirty to 50 percent of the adult pelicans, cormorants and gulls taken to International Bird Rescue's Fairfield center have fishing line-related injuries, said veterinarian Dr. Rebecca Duerr.

"Largely, I feel like I'm a fishhook veterinarian. It's just horrifying to see these injuries," she said.

Dirty hooks can cause serious infections for the birds. Duerr had treated a gull that had four hooks embedded in it shortly before she was interviewed Monday.

"Even without hooks, loose fishing line will wrap around a limb and cut off circulation," she said.

The line can damage tendons, dig into bone and cause infections. Some ensnared birds drown.

"It's just awful," the veterinarian said. "Any animal that comes in contact with fishing line is at risk of either a rapid or slow death, depending on the injury."

The recycling bins are made of PVC pipe that is attached to posts.

163 "It's simple, but effective," said Wendy Parfrey, an Alameda County Fish and Game Advisory Commission board member.

Golden Gate Audubon is spending part of a $5,000 grant from the commission to more than double the number of fishing line recycling sites along the county's shoreline. It plans to install 12 bins.

Three of the recycling tubes are in place at the San Leandro Marina. Others are at fishing piers at Ballena Bay marina area in Alameda and three Oakland parks: the Martin Luther King Jr. Regional Shoreline, Middle Harbor Shoreline Park and Port View Park.

San Leandro Marina manager Delmarie Snodgrass is helping the Audubon Society educate fishermen there. She plans to hand out fliers explaining the recycling containers and showing where they are located.

"We want to make it easy for fishermen to do the right thing and recycle their used fishing line," Margulis said.

Not only does tossed fishing line pose a threat to animals, it also is trash in the environment, she said. It takes 650 years for monofilament line to break down, Margulis said.

"It's ghastly to see how much injury is caused by negligence," she said.

Parfrey, who fly fishes, said she is all too familiar with the line snagging on trees and bushes.

"It may take a little effort to retrieve it, but you shouldn't just leave the line," she said. She even carries a small container around her neck to stash used line when she is fishing.

The monofilament collected in the bins along the shoreline will be sent to a recycling company that melts it down to create freshwater reefs in areas that have been overfished and lack vegetation, Margulis said.

"It not only does not kill wildlife, but it helps fish. You're actually restoring the environment," she said.

Fishing line not only entangles birds, but also marine mammals and even ground squirrels along the shoreline, Margulis said. Duerr has taken hooks out of turtles and marine mammals.

"Any animal that comes in contact with fishing line is at risk of either a rapid of slow death, depending on the injury," the veterinarian said. "We get some 164 heartbreaking ones. They'll come in tied to each other, mummified in fishing line."

Contact Rebecca Parr at 510-293-2473 or follow her at Twitter.com/rdparr1.

Have a suggested site?

Do you know a bay fishing spot that would commit to recycling monofilament line? Contact Golden Gate Audubon at [email protected]. For more information about fishing line recycling: www.boatus.org/monofilament

165

Local Governments Spend Big to Influence Sacramento

Members of the California Assembly consider a new state budget at the Capitol in Sacramento on June 15, 2015. (Max Whittaker/KQED)

By John Myers August 12, 2015

This is one of two stories that look at California’s largest lobbying player — local governments — and the lack of transparency in how private companies lobby for state government contracts. Read Part 2 here.

Annual scorecards and power rankings rarely take notice of the lobbyists for local governments in California’s statehouse, focusing instead on the brawn of business or labor’s legion of foot soldiers.

But when push comes to shove, the biggest player in the effort to influence state government is, in fact, local government — a flexing of political muscle fueled by tens of millions of taxpayer dollars.

“Everybody’s got somebody working the hallways,” said Kevin Jeffries, a former assemblymember and now a Riverside County supervisor. “It’s always been frustrating for me to see how much taxpayer funds are being diverted from services, and sending that money to the state Capitol so that we can hire lobbyists.”

The money spent on lobbying by government agencies — cities, counties, school districts, water agencies, even rent control boards across the Golden State — consistently ranks at or near the top of the heap. Recent state filings show the government sector spent 166 $22.3 million on lobbying and influence efforts in the first six months of 2015, on top of the $87.8 million spent in the previous two year legislative session.

Local governments dominate the lobbying sweepstakes. Since January 2013, they have collectively shelled out more than double what oil and gas companies spent on Sacramento lobbying, and more than 10 times what’s being spent by the state’s agriculture industry.

In numerous interviews with community officials and statehouse lobbyists, one thing seems clear: Local governments feel they can’t afford to miss the action, or the chance to defend their interests, when it comes to California’s legislative and executive branches of government.

‘Information Is Influence’

“The game has changed so dramatically,” said Robert Doyle, general manager of the East Bay Regional Parks District.

Top Government Lobbying Spending, 2013-Now 1. Los Angeles County, $3.76 million 2. California State Association of Counties, $3.64 million 3. Metropolitan Water District of Southern California, $3.28 million 4. League of California Cities, $3.17 million 167 5. City of Los Angeles, $2.82 million 6. Alameda County, $2.69 million 7. Orange County, $2.61 million 8. San Diego County, $2.55 million 9. San Bernardino County, $2.48 million 10. Rural County Representatives of California, $2.43 million Doyle, a frequent visitor to the state Capitol to testify before legislative committees, is also a staunch defender of the district’s spending on professional lobbyists — roughly $300,000 per legislative session, almost $1 million since 2009. He argues that without that lobbying, the district’s parks would have suffered in an era of term-limited legislators and recession-depleted state coffers.

“Getting any type of state support has become far more competitive,” Doyle said.

That sentiment reverberates down in the small city of Imperial, too, just some 12 miles from the Mexico border. Home to about 17,446, according to state population estimates, Imperial lands in the top ten of a KQED News analysis of government lobbying, per capita, since 2013 — more than $10 spent for every city resident.

“If the city wants to have an equal voice, then we need to be able to come up with that money,” said City Manager Marlene Best about Imperial’s advocacy. “Information is influence. You know, face-to-face meetings provide some influence.”

Layers of Locally Funded Lobbying

In many cases, a California citizen can be represented by layers of lobbyists hired by subsets of local and regional government, a layering of advocacy that makes both the actual spending and its relative value hard to track.

The city of Los Angeles, for example, pays three lobbying firms for representation in Sacramento at a total cost this year, to date, of more than $506,000. But lobbyists have also been hired by City Attorney Mike Feuer (a former assemblymember), who has paid more than $95,000 for his own lobbying services — lobbyists and payments to advocacy groups — through June 30.

So why does Feuer need his own hired guns?

“Because of the vast impact of legislation in Sacramento on the work of our office, it is important that we have a presence in the Capitol,” said Rob Wilcox, a spokesman for the city attorney’s office.

168 In San Francisco, Mayor Ed Lee’s office has paid $115,000 this year for its own lobbyists, and the city/county transportation authority has paid its lobbyists $26,200.

Smaller local agencies have also bulked up on influence in Sacramento. The police department of Lemoore (Kings County) has its own lobbyist. So does the Santa Monica Rent Control Board. In all, some 325 different agencies of local government in California have reported paying for advocacy in Sacramento during the first six months of this year.

The local agencies that hire lobbying firms often make additional payments (known as “payments to influence”) to statewide associations, which, in turn, then also lobby the Legislature and Gov. Jerry Brown.

The single biggest spending government lobbying group, the California State Association of Counties ($529,349 in 2015) is funded by dues collected from all 58 counties. Other associations represent law enforcement, tax assessors and beyond.

Many of the taxpayer dollars are being spent, says Riverside County’s Jeffries, for one simple reason: to block adverse action by state lawmakers, action that may add new burdens or expenses for local officials.

“You have to have your foot inside the door in the Legislature if you want to try to protect yourself from getting steamrolled,” he said.

Lobbying Dollars: An ‘Investment’

That fear, as well as the hope of winning lucrative contracts or grants, drives many local officials to enlist the services of statehouse lobbyists.

“Glendale does not currently have an active presence at the state level,” wrote Glendale city staffers in their 2013 recommendation to hire a private lobbying firm. “As such, it does not have representation at the state Capitol that can help the city gain support from key public officials and policy makers on decisions that directly impact the city.”

Highest City Government Lobbying Spending, Per Capita 2013- Now 1. City of Vernon, $2,920.93 2. City of Industry, $727.45 3. City of Del Mar, $28.12 4. City of Emeryville, $22.51 5. City of Malibu, $22.82 6. City of Indian Wells, $17.42

169 7. City of Wheatland, $16.62 8. City of Signal Hill, $10.59 9. City of Imperial, $10.20 10. City of Commerce, $7.33 Lobbying firms, too, know what local governments want.

“We have unmatched access to the governor’s administration, California Legislature, Coastal Commission, and other state agencies,” wrote employees of one prominent firm, Platinum Advisors, in its unsuccessful bid for the lobbying contract of Sacramento County in 2014.

There are no rules to prohibit using taxpayer dollars to hire professional lobbyists. And the rates paid by local agencies vary; some lobbying firms charge a flat fee regardless of the local community’s size, while others appear to somewhat scale their rates. Some local governments — mostly smaller cities — have dropped their lobbying efforts in recent years, and others have sporadically hired advocates as needs arose.

But most seem to pay for the representation year in and year out. And a number of local officials argue that it’s a solid investment with proven returns.

Robert Doyle, East Bay Regional Park District’s general manager, says the agency has easily made back $10 for every dollar it’s spent on lobbying. He points, in particular, to a $13 million wildlife conservation grant and even a fire truck from the state for the park district’s firefighting operation.

“That’s a pretty good investment,” said Doyle.

How much are local governments spending on lobbying services? Search for your local government and agencies below to see how much money they’re spending on lobbying and “payments to influence” the state government.

170 Local Photographer's Exhibition at SMC Museum of Art Reveals Hidden Bay Area Gem

By Adam Blake August 12, 2015

"Black Meadow Pool" Photography by Stephen Joseph

Stephen Joseph has spent the majority of his career photographing nature in Northern California, from Yosemite to Mount Diablo. He enjoys challenging himself to capture both famous and everyday sights in unique ways. Unlike his other collections, however, the name of his most recent exhibition at the Saint Mary's College Museum of Art will not ring a bell for most locals: Vasco Caves.

Located in Brentwood at the picturesque foothills of Mount Diablo, the Vasco Caves Regional Preserve is not open to the general public and can be viewed by tours only. The sight includes striking rock formations formed by wind erosion over millions of years, rare wildlife such as the endangered red-legged frog, and authentic Native American rock art dating back nearly 10,000 years. All of this added up to a photographer's dream for Joseph.

"Vasco always looked good," he said. "It is one of those special places I was very fortunate to photograph. We really don't have any other spot like that."

Joseph took advantage of all the unique textures created from the rocks, reflective pools of water, and surrounding landscape to capture stunning images.

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"I photographed a lot of the caves from the inside looking out, and some of them are full 360-degree views so that you see the back of the cave as well as the entrance to the cave," Joseph said. "The Native Americans lived in these caves so I wanted to create images that kind of look like this is what it'd be like living in one."

Initially contracted to photograph the sight for the East Bay Regional Parks District, Joseph found himself returning to Vasco time and again. Ten years later he had acquired an impressive collection of images capturing the sight.

Since the Vasco Caves are closed off to the public and not commonly known, the photographs will help to expose many East Bay residents to the location for the very first time. In fact, this is the first time these photographs have ever been displayed, although Joseph wrapped up shooting in 2005. "It was nice for me to have a whole group of photographs that no one's really seen before," Joseph said.

Saint Mary's art curator Julie Armistead worked with Joseph before and was impressed when he came in to show her photographs from Vasco.

"It intrigued me because it's such a little known thing, like a secret here in the Bay Area," Armistead said. "I thought it would be really cool to know more about it, and if I was interested in it, that lots of other people would be interested in it, too."

After seeing the photographs, Armistead took a tour of the sight for herself, reinforcing her belief that it would make for a quality exhibition.

"It was a really interesting little bit of secret information about the Bay Area, so I spoke with my colleagues and we agreed that it would be a good show," Armistead said.

Armistead and Joseph selected 24 photographs out of hundreds that would work best together. The photographs are printed onto heavy cotton paper and displayed uniquely without picture frames, held in place with magnets. Joseph explained that without glass the prints are much more pure and visually stunning. "The glass always affects the

172 image - reflections, the color, there's all kinds of stuff that happens," Joseph explained. "With these you're just looking at the prints on the wall."

Photography and nature enthusiasts, as well as anyone interested in getting an unmatchable view into an exclusive local treasure will be not be disappointed with the exhibition.

"It's a pretty unique looking show," Joseph said.

The exhibition will be on view through Sept. 6 at the Saint Mary's College Museum of Art, which is open from 11 a.m. to 4:30 p.m. Wednesdays through Sundays. Stephen Joseph and East Bay Regional Park District General Manager Robert Doyle will be speaking at a members-only event at Saint Mary's on Aug. 27. For membership information call (925) 631-4363. "Inside Vasco Caves" along with Joseph's other collections can be viewed at stephenjosephphoto.com.

Skull Cave Vasco Pools

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East Bay's Park It: Drought changes nature's timetable

By Carolyn Jones Columnist POSTED: 08/12/2015

If you've noticed trees turning color already, you are not imagining things. California buckeyes, alders, big-leaf maples and other native deciduous trees -- as well as many non-natives -- are dropping their leaves early this year due to the drought.

East Bay Regional Park District biologists have noted the phenomenon throughout the East Bay parklands. Trees are turning bright yellow, red or orange weeks earlier than usual as a way to conserve energy and nutrients during this extended dry period. And it's not just trees: many species of wildlife have also adjusted their schedules to account for the shortage of water.

"Terns, turtles, frogs, newts -- they all nested early this year," said Dave "Doc Quack" Riensche, a wildlife biologist for the District. "They want to get their young out before there's no water left."

The East Bay's native trees have evolved to tolerate drought fairly well, and shedding leaves early is one way they survive during dry spells. Once the rains begin again, assuming they ever do, the trees should rebound nicely, Riensche said.

Non-native trees have a tougher time. Eucalyptus and Monterey pines, when stressed due to lack of water, are more prone to disease and infestations. Others, like fruit trees, simply can't make it without water. So if you're hankering for a sneak peak of autumn colors, head to just about any East Bay park and consider it a small upside to the drought.

avian affairs: If birds are more your thing, the park district is offering several upcoming bird-watching outings. Set your alarm and prepare for coffee, though -- some of the best avian observations are just after dawn.

A nice afternoon outing is scheduled at Big Break Regional Shoreline on Sunday. This will be a great chance to learn about some of the Delta species that one might not see elsewhere in the East Bay. Topics include: frantic feathers, big 174 beaks, tough talons, whistling wings and exotic eggs. Meet at 2 p.m. at the Big Break Visitor Center, 69 Big Break Road, Oakley.

On Tuesday, join a naturalist and other bird enthusiasts for a tranquil two-hour walk at Garin/Dry Creek Regional Park in Hayward. Meet at 7:30 a.m. at the Red Barn Visitor Center, 1320 Garin Ave.

"The Chicken or the Egg?" will offer a different sort of bird watching: at a farm. Swing by Little Farm at Tilden Regional Park at 10 a.m. Aug. 23 to learn about chickens, eggs and the eternal mystery of science.

Contra Loma Regional Park is also hosting a bird excursion. Meet at the main parking lot, 1200 Frederickson Lane in Antioch, at 8 a.m. Aug. 29 to learn about the birds that frequent the park's reservoir. With its grassy expanses and proximity to Carquinez Strait as well as the freshwater reservoir, Contra Loma is a favorite spot for waterfowl, songbirds and raptors of all types, including peregrine falcons and bald eagles.

All four of these events are free (although parking fees may apply), and no registration is required. Bring binoculars, water and sunscreen, and have fun!

Antioch: Contra Loma is hosting another interesting outing on Aug. 22. Anyone who's been there in the summer can probably guess the topic: reptiles. The Contra Costa park is well known for its abundance of snakes, lizards, salamanders and frogs (all of which are food for its above-mentioned birds). This is a great chance to learn about our coldblooded friends and maybe help the more skittish among us to overcome their fear of slithery things. The outing is from 9 to 10:30 a.m.

Fremont: It's not too late to buy tickets for the 19th annual Cajun/Zydeco Music Festival on Saturday at Ardenwood Historic Farm in Fremont. The lineup includes four live bands, Cajun and Creole food offerings, specialty vendors, dance lessons and plenty of fun.

Advance tickets are $20, $5 for youth. Same-day tickets are $24 for adults, $7 for youth. Children younger than 3 get in free. Go to www.ebparks.org to buy tickets. The festival is from 10 a.m. to 7 p.m. at Ardenwood, 34600 Ardenwood Blvd.

Quick note about fires: Due to the drought, wildfires continue to rage across California, scorching hundreds of thousands of acres. The East Bay Regional Park District's Fire Department closely monitors our 118,000 acres of open space, especially after lightning storms, and works closely with other fire agencies in the East Bay and statewide. If you see smoke, don't hesitate to report it, and take precautions when enjoying the outdoors. With everyone's cooperation, we hope

175 to escape this fire season with relatively little damage. Thanks in advance from the Park District's fire crews.

Carolyn Jones is writing the Park It column while Ned MacKay is on hiatus. Email Ned about East Bay Regional Park District sites and activities at [email protected]. The Park It column will also be on hiatus from now until September.

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California federal judge rules against 'eagle taking' rule The Associated Press POSTED: 08/12/2015 DAYS AGO

SAN FRANCISCO (AP) — A federal judge in Northern California has ruled against a Department of Interior rule giving wind energy and other companies a 30-year pass to kill bald and golden eagles.

U.S. District Judge Lucy Koh ruled on Wednesday that the U.S. Fish and Wildlife Service failed to follow environmental procedural requirements in making the rule in 2013. The department adopted the 30-year rule as a way to encourage the development of wind energy. Golden and bald eagles are not endangered species, but it is unlawful to kill the birds without a permit.

A previous rule allowed wind farms to apply for renewable five-year permits.

The American Bird Conservancy was among the parties to challenge the rule.

Gavin G. Shire, spokesman for fish and wildlife, said the agency is reviewing the decision.

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August 11, 2015

Cajun Zydeco Fest brings the heat to Ardenwood

Submitted By Isa Polt-Jones

The East Bay Regional Park District will host the annual Cajun/Zydeco Festival on Saturday, August 15. Bring family and friends for a day filled with the best Cajun/Zydeco music, dancing, delicious Cajun and Creole cuisine and other festival food favorites. Take a tour of the farm, visit the farm animals, shop specialty vendors, and join in dance lessons. Our 19th annual festival features the Grammy-nominated Pine Leaf Boys, Andre Thierry, Corey Ledet and his Zydeco Band, and Andrew Carriere and the Cajun/Zydeco Allstars.

Hailing from southwest Louisiana, the Pine Leaf Boys have made a name for presenting their own inimitable brand of Cajun music with youthful exuberance. Nominated for a Grammy four times, the Pine Leaf Boys were described in the New York Times as ... the link that connects the young and the old generations, and the best new, energetic, and fun Cajun band in a very long time. The Pine Leaf Boys have been invited on three occasions by the U.S. State Department to tour the world and present true music to Saudi Arabia, United Arab Emirates, Jerusalem, Latvia, Denmark, Slovenia, Uzbek, Tajik, and Kyrgz. The variety and energy they release evolves through their shows, bringing multi-faceted angles to Cajun, Creole, and Zydeco.

Andre Thierry has been a crowd favorite with his finely-honed blend of traditional Zydeco music, hip-hop, blues, jazz, and rock. While Thierry was born in Richmond, California, his family roots are from Louisiana. His grandfather, Houston Pitre, encouraged Thierry to take up the accordion after a visit from the King of Zydeco, legend Clifton Chenier. By age 12 Thierry had formed Zydeco Magic and was performing with bands visiting from Louisiana. While playing Washington, D.C., in 2003, the Washington Post called Andre a master at pumping out fast, funky rhythms on an instrument not usually associated with earthy syncopation. Andre Thierry and Zydeco Magic received the West Coast Blues Hall of Fame award for Best Zydeco Group in 2008.

Corey Ledet and His Zydeco Band was founded in 2003 by Ledet, who spent his summers with family in the small town of Parks, Louisiana, which inspired him to move to Louisiana after he graduated. Ledet fuses old and new styles of Zydeco from all musicians that have influenced him, making his own unique sound. The band has toured overseas to France, Germany, and Russia. Ledet was a Grammy nominee for his sixth record Nothin But the Best. 178

Andrew Carriere and The Cajun/Zydeco Allstars are led by the 74-year-old accordion player, who loved listening to Zydeco while growing up but didnt become a serious musician himself until after he landed in California in the early 1970s. Eventually he began singing and playing triangle with the California Cajun Orchestra, then moved on to the accordion. Andrew Carriere and the Cajun/Zydeco Allstars feature Zydeco and traditional French music as well as country and rock n roll.

Enjoy the day at Ardenwood Historic Farm, surrounded by fields of organic produce and the historic Patterson House Museum. Stroll shaded pathways or take the train from the entrance to the festival site. Bring a blanket, low-back lawn chair, sunblock, and hat. Low canopies are welcome in the back or side areas (please be courteous and do not block views of the stage). Wear your dancing shoes! Please purchase beverages inside the festival. Fabulous food will also be available for purchase. No pets allowed.

Proceeds benefit Parks Express Transportation, a District outreach program for schools and groups that serve children from low-income families, seniors, and people with disabilities visiting the East Bay Regional Parks. Additional donations welcome.

Gates open at 10 a.m.; dance lessons start at 10:30 a.m. with live music from 11 a.m. until 6:30 p.m. Advance tickets are $20 for adults and $5 for youth (4 to 15 years) and can be purchased through August 11 at 1-888-EBPARKS (888-327-2757), option 2 or online at EBParksOnline.org. Day of event tickets are $24 for adults, $7 youth. Kids three and under are free.

Cajun/Zydeco Festival Saturday, Aug 15 10 a.m. Ð 6:30 p.m. Ardenwood Historic Farm 34600 Ardenwood Blvd, Fremont 1-888-EBPARKS www.ebparks.org Tickets: $20 adults, $5 youth in advance; $24 adults, $7 youth day-of event Free parking

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Fremont Students Help Save Mission Park August 10, 2015 6:12 pm

Mission Peak Regional Preserve might be among the Bay Area’s busiest parks, but it has some of the best-maintained trails, thanks to students at Irvington High School in Fremont.

For the past 10 years or so, freshmen science students have been pulling weeds, picking up trash, planting native grass and helping restore hillside damage from illegal trails. In all, more than 150 students have participated in the project.

“I can’t think of a better way for young people to get involved in the parks,” said East Bay Regional Park District Board Member Ayn Wieskamp, whose district includes the Fremont area. “They learn to take ownership of the land, take pride in what they do and spread the word to their friends. It’s a terrific project, and it really does make a difference.”

Because of the students’ work, trails at Mission Peak are cleaner, safer and better for the park environment. That’s not an easy task, considering the crowds of hikers that trek up the hillside every week to enjoy the panoramic bay views and challenging workout.

So many people visit Mission Peak, in fact, that erosion and trash have become significant problems over the years. Of particular concern is some hikers’ propensity for taking shortcuts, creating “bootleg” trails that damage habitat and erode the hillside.

That’s why the Irvington students’ work is so important, park district officials said. District crews work hard to keep the trails clean, repair damage and encourage hikers to stay on the designated trails, but volunteers’ help is essential.

All that weeding and trash pick-up benefits the students, as well, said Irvington freshman science teacher Dan Pearce. 180 “Working at Mission Peak is valuable for students because, first of all, they get to experience one of the symbols of our community and one of Fremont’s greatest resources,” he said. “It’s an outdoor laboratory not just because of its amazing wildlife but also for the geologic processes that shape it and the astronomical observations that can be made from it…Students learn how to protect this resource and learn the subtle ways that people affect the environment.”

The project is part of a program at Irvington called Benchmark, in which students volunteer 10 hours a year on a project intended to benefit their community. Freshman year, the project focus is the environment.

Working in small teams, students select from a variety of volunteer opportunities in the Fremont area, and spend several afternoons and weekends on their project.

At Mission Peak, the students’ work ties in closely with the science curriculum they’re learning in class. In addition to learning about erosion and the role of native plants, the students gain first-hand experience of how humans impact the environment and the importance of conservation, Pearce said.

“I get to watch my students develop academic skills, invest in their community, help the environment, and most importantly gain a sense of empowerment. They prove that they can collaborate with a team, complete project components, overcome obstacles, and make a difference in the world,” Pearce said. “Not bad for their first year of high school.”

Irvington sophomore Andrew Yee spent part of his freshman year restoring illegal trails and preventing erosion on established trails. He said he learned much about how broad environmental issues can affect his favorite park.

“It was a way to learn how the general public can prevent trail erosion. After all, it’s Fremont’s park. It’s our park,” he said. “I also got to meet a lot of people. It was a lot of fun.”

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Marin supervisors appoint 4 parks commissioners

By Nels Johnson, Marin Independent Journal

Posted: 08/10/15

Two new members and two incumbents were appointed to two-year terms on the Marin County Parks and Open Space Commission.

County supervisors reappointed incumbents Raphael Durr of San Rafael and Larry Kennings of Mill Valley to the seven-member panel.

Also named to the panel were Oscar Guardado of Novato, a health educator, and Pat O’Brien of San Rafael, former general manager of the East Bay Regional Park District.

The two newcomers replace incumbents Greg Zitney and David Ross.

The Board of Supervisors called in seven applicants for interviews, but noted Durr and O’Brien had conflicts and could not attend the session. After interviewing the remaining candidates, individual supervisors nominated their favorites to fill the four at-large seats.

Diane Patterson, county board clerk, reported that Supervisor Damon Connolly nominated Durr, Guardado, Kennings and O’Brien; Supervisor Kate Sears nominated Suzanne Bohan, Durr, Guardado and Kennings; Supervisor Steve Kinsey nominated Durr, Kennings, Ross and Zitney; Supervisor Judy Arnold nominated Durr, Guardado, Kennings and O’Brien; Supervisor Katie Rice nominated Guardado, Kennings, O’Brien and Zitney.

The board then unanimously appointed Durr, Guardado, Kennings and O’Brien.

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Pleasanton: Big solar project planned at Shadow Cliffs Park

By Denis Cuff [email protected] Posted: 08/09/2015 Updated: 14 DAYS AGO

PLEASANTON -- The East Bay Regional Park district is betting big on solar power -- big enough to offset nearly all the energy used at its 65 regional parks in two counties.

The agency plans an $8 million solar project at Shadow Cliffs Regional Recreation Area to generate up to 1.2 megawatts of electricity -- roughly as much power as used by 800 to 1,000 homes. Shadow Cliffs visitors will get a perk, too: shade for their cars from the blistering summer sun.

The park district board tentatively plans on Sept. 15 to select a contractor to design and build rows of large solar panels mounted on posts above parking areas adjacent to the 80-acre swimming and boating lake in the park in eastern Pleasanton.

Visitors walk through a parking lot at Shadow Cliffs Regional Park in Pleasanton, Calif., on Tuesday, Aug. 4, 2015. The East Bay Regional Park District is proposing to put solar roofs over some of the parking lots at the park. (Dan Honda/Bay Area News Group) ( Dan Honda )

"This is a big step toward making the park district energy self sufficient," said Jeff Rassmussen, the district's assistant financial manager.

183 And the project will go a long way toward fulfilling the district's new mission to offset its carbon footprint -- the global warming gases created in producing the energy to run park district buildings, bathrooms, pumps and equipment, said Dave Collins, a district assistant general manager.

Expected to generate some $535,000 a year in credits on the park district's utility bills, the project will pay for itself in 12 to 15 years, park officials estimate.

Regional park planners scouted out several potential sites around the East Bay before deciding on Shadow Cliffs.

"This is a good site with lots of sunny weather, a big parking lot, and a large recessed area that the neighbors won't see," Rassmussen said.

Scott Coleman of Danville, who fishes at Shadow Cliffs, said he will welcome the shade for his vehicle, which turns into an oven on hot summer days. "Shade is in short supply here," he said.

The park district also looked at nearby Del Valle Regional Park in Livermore, but it had a key disadvantage being the district doesn't own the property but leases it from the state.

Built in an old gravel quarry, Shadow Cliffs has the advantage of being significantly lower than and hard to see from the nearest homes.

Pleasanton city planners have toured the solar project site and determined the solar panels will not be visible from neighboring homes, said Brian Dolan, the city's assistant city manager.

The Pleasanton Planning Commission must review the design of the project after it is drawn by the winning contractor.

Mindful that solar projects elsewhere have been criticized as unsightly, the park district gave would-be contractors the option of proposing nontraditional panels that may look better than conventional ones.

This is the largest solar project proposed by a park district in PG&E's service area in northern and central California, the utility reported.

Park officials said they could not have proposed a solar project with

184 so much capacity without a new state law approved in 2009 and modified in 2012.

Previous restrictions would have limited the park district to a project generating capacity only as big as the energy used at one site. But the new law allowed PG&E to build a project equivalent to the combined energy generated as several sites, including its headquarters, police station, and corporation yards.

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

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Richmond group hosting free Walk to Nature outing By Chris Treadway [email protected] Posted: 08/07/2015

RICHMOND -- A free annual event encouraging physical activity and connecting students and families in the city to nature will return from 9:30 a.m. to 3 p.m. Aug. 29.

The day will include free T-shirts, water bottles, lunch, games and activities for all ages, and back-to-school items. The third annual Walk to Nature celebration is hosted by the nonprofit organization YES Nature to Neighborhoods in partnership with the East Bay Regional Park District. The event starts on the Richmond Greenway at Sixth St and Ohio Avenue, where participants will register before setting out at 9:30 a.m. for a "walking school bus" trip to Miller/Knox Regional Shoreline in Point Richmond, with arrival around 11 a.m. for the recreation and activities.

Starting at 2 p.m. a bus will be provided to take participants back to the Richmond Greenway.

For more details or to volunteer, send an email to [email protected], or call 510-232-3032.

To learn more about YES Nature to Neighborhoods and its programs of camping and outing that bring inner city youths to natural settings they wouldn't otherwise have access to, visit www.yesfamilies.org.

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Daniel Borenstein: Action needed in the East Bay hills before the next fire

Smoke filled the sky on Tunnel Road in Berkeley at midday on Oct. 20, 1991. Flaming firebrands from trees blew overhead spreading the inferno that by day's end killed 25 people, destroyed more than 3,000 homes and caused an estimated $1.5 billion in damage.

Before dusk much of Oakland's Upper Rockridge neighborhood was turned to rubble. My father's house was reduced to a driveway, chimney, cement stairs and the remnants of a few walls. Four blocks away, only the driveway and brick front steps marked the site of the home where I grew up.

As I wrote at the time, "it seemed like someone had bombed the entire neighborhood." I'll never forget that scene.

That's why I was stunned by pictures last month of naked protesters hugging eucalyptus trees on the UC Berkeley campus. It's not the bare butts that bothered me. Indeed, as art, Jack Gescheidt's work is pretty good.

It's the agenda he and others are pushing, that no trees should be cut down in the Oakland hills. While Gescheidt tries to grab attention with photographs. Nathan Winograd and his group, Save The East Bay Hills, promote the same message with ridiculous, demonizing mailers depicting Oakland Mayo

Their relentless campaign aims at blocking use of federal funds to remove highly flammable trees. Nearly 24 years after the infamous fire, the Federal Emergency Management Agency is planning to provide about $5.7 million

187 to help the city, the university and the East Bay Regional Park District reduce the threat of another conflagration. Work would begin next year.

It's about time. Unfortunately, the nearly decade-old fight over how to spend the money continues. A massive environmental review process has not brought consensus between competing visions and the battle now moves to the federal courts. The outcome will likely set the standard for East Bay hills fire risk reduction for years to come.

While Winograd's and Gescheidt's no-cutting propaganda has drawn attention, it has undermined a reasoned debate about how to responsibly remove trees. The reality is that trees must be removed -- and the FEMA money will only address a small portion of the need.

Keep in mind that 150 years ago the hills were primarily open grasslands with some shrubs and groves of oak and bay trees. Since then we have built tens of thousands of homes and turned parts of the landscape into forests of nonnative trees.

Most notably, there are the eucalyptus trees, more than a million of which were planted in the late 19th and early 20th centuries with the mistaken notion that they could be profitably harvested for construction lumber. The trees, with their combustible litter, flammable oil and tall crowns, present serious a hazard.

The question today is how to reduce the risk. Aside from the no-cut militants, there are two divergent perspectives on what should be done.

The Sierra Club advocates restoring the land to native plants and trees. That involves staged removal of eucalyptus, Monterey pine and black acacia. This would allow the native plants and trees underneath to re- establish and flourish.

The Hills Conservation Network, consisting of six residents of the heavily wooded Claremont Canyon neighborhood, advocates a "species-neutral" approach. They would clear all vegetation within 50 feet of homes. For the next 200 feet, they would clear ground debris and smaller shrubs and trees, trim lower limbs from tall trees, and thin the groves to increase the spacing between trees. Further out, they would do nothing.

Of the three agencies slated to receive FEMA money, Oakland and UC plan to do something similar to what the Sierra Club advocates, while the East Bay Regional Park District approach includes clearing and thinning in some areas and returning to native vegetation in others.

188 The two strategies produce starkly different visual outcomes: The Sierra Club restoration approach results in a view open to the sky with a mixture of shrubs, plants and trees. The Hills group ground-clearing strategy leaves barren ground and towering trees with branches trimmed from their lower sections.

Both are better than the do-nothing alternative. The 1991 fire was the 15th major wildfire in the East Bay hills since 1923. Let's hope we end the squabbling before the next one.

Daniel Borenstein is a staff columnist and editorial writer. Reach him at 925-943-8248 [email protected]. Follow him at Twitter.com/BorensteinDan.

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Oakland: Are angry anglers angling to take out family of river otters? By Denis Cuff [email protected] POSTED: 08/07/2015

A river otter appears in Lake Temescal in 2013 in Oakland. (Lee Aurich)

OAKLAND -- Word on the street is a hit's been ordered, and a potentially big fish is involved.

No one has taken any pelts. No bodies have washed up. But the East Bay Regional Park District suspects something doesn't smell right.

The district received a tip that a family of river otters that occupied Lake Temescal as part of a comeback of the species may be on a hit list of fishermen angry over competition for fish. As a result, the district has decided to step up patrols of the stocked fishing lake and add signs to protect the mammals.

"They are so cute. Many people love them," said Carolyn Jones, a regional park district spokeswoman. "But we think there is a credible threat, so we're getting out the word to leave the otters alone."

Killing an otter can lead to a $1,000 fine and time in jail.

190 An otter mom, three pups and a less frequently seen dad have been spotted at the 13-acre lake this summer by some visitors and park employees. The first otter seen in the lake in modern times was in 2013.

A spell of poor fishing success this year in the lake southwest of the Caldecott Tunnel apparently is hitting a raw nerve with fishermen.

Regional park officials said the drought and poor lake water quality may be to blame for the reduced fishing success.

"It's premature to single out the otters," said Steve Bobzien, the park district's ecological services manager. "It could be several factors."

A toxic blue-green algae bloomed this summer, forcing park officials to close the lake to swimming indefinitely. While otters are skilled at catching fish, they also like to dine on crayfish that live in the lake, Bobzien said.

To boost anglers' success, park managers are considering increasing the catfish stocking. Before doing that, however, lake managers want to determine that extra fish will not be harmed by poor water quality.

Only a handful of people were visiting the lake early Thursday evening, and they expressed support for the otters.

"I don't mind the otters," said Eduardo Novarro of San Bruno, the only person fishing in the lake.

Walt Turner, who lives near the park, said he would be stoked to see the otters but hasn't spotted them on frequent treks around the lake with his two dogs.

"I'm against anyone harming the otters," Turner said. "I would like things to live in balance."

River otters grow up to 42 inches long and up to 31 pounds, smaller than sea otters. River otters virtually disappeared from the Bay Area by the 1960s because of trapping, wetland destruction and pollution. But the mammals have made a comeback thanks to a trapping ban, creek protection and pollution controls.

State wildlife officials said they sometimes hear rumors of anglers threatening to kill birds and mammals that eat fish. But few people are caught and prosecuted, said Lt. Chris Stoots of the state Department of Fish and Wildlife.

191 In 2010, a Sacramento man was sentenced to 30 days in jail for shooting a sea lion that annoyed him because it was eating fish in a river. The sea lion nearly died but recovered and later became the father of a sea lion pup at Six Flags Discovery Kingdom in Vallejo.

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

192

Wind Turbine Ends Golden Eagle's Saga

Posted: Thursday, August 6, 2015 12:00 am

The eagle is held by Marcia Metzler during examination at Lindsay Wildlife Hospital.

For 86 days, she soared over the Livermore Valley, her seven-foot wingspan a deep golden brown against blue summer skies.

A satellite telemetry device, #7833, tracked her travels from Mount Diablo to Sunol and the Pleasanton Ridge to the Altamont Pass.

But on July 25, the rehabilitated golden eagle's life came to a heartbreaking, premature end.

She was found on the ground by two power workers at an older wind turbine farm in the Altamont Pass Wind Resource Area. She was alive, but unable to fly. Her wing had been struck and badly damaged by a wind turbine. The workers took her to Lindsay Wildlife Experience in Walnut Creek for treatment.

"They had seen her trying to fly, and flopping on the ground," said Lindsay's Executive Director Norma Bishop. "Our veterinarians described her wing as shredded - bones were broken and missing. Once they realized how badly she was injured and that any attempt to save her would be futile, only prolonging her suffering, they euthanized her."

193 The news devastated many who had been following the golden eagle's story of tragedy and triumph.

Her first visit to Lindsay Wildlife Experience occurred March 26, when the roughly three-year-old, sub-adult received treatment for head trauma at Lindsay's rehabilitation hospital, one of the oldest and largest in the country. Although the trauma's cause was never determined, she made a full recovery within five weeks.

On May 1, she was ready for release.

"She was sent off with fanfare, complete with the firefighters who rescued her, donors who support Lindsay’s work, biologists who studied her, and doctors who healed her," said Bishop. The release took place at Las Trampas Regional Wilderness, and was covered by Bay Area TV stations and newspapers.

Prior to the golden eagle's release, she had been fitted with a satellite telemetry device which allowed East Bay Regional Park District (EBRPD) staff to study her flight path in the Altamont Pass Wind Resource Area. Information collected from such devices leads to more accurate risk maps and the informed placement of new wind turbines to reduce golden eagle collisions.

"This is important for understanding Altamont's impact on the local golden eagle population," said Doug Bell, EBRPD Wildlife Program Manager. "Previous work by scientists suggests that Altamont's old-generation wind farms represent a population sink for golden eagles; that is, the local population does not produce enough young to compensate for the high mortality rate caused by the old- generation wind turbines."

In all, 18 golden eagles have been fitted with the devices, with ten currently active.

Over all, the old-generation wind turbines kill about 2,000 raptors each year. In the past 12 months, Lindsay has treated 238 raptors, six of which were golden eagles.

"Despite the fact that Lindsay’s top-notch veterinary staff has special expertise in handling raptors, very few survive to be released," said Bishop. "During this golden eagle’s rehabilitation from March to May, dozens of people were involved in her care, with a cost of about $1,000 a day. However, the emotional

194 investment we all had in this creature can’t be calculated. Her legacy is that she inspired us all with her majesty and resilience."

Both Bell and Bishop agree that conserving energy is the first step in helping save the lives of golden eagles and other raptors.

"All forms of energy production come with a cost to the environment, whether in terms of producing carbon dioxide from burning fossil fuels, or in terms of eagle deaths caused by green-energy production," said Bell. "I hope people think twice about energy use, and use less."

"Our use of scarce resources - water, land and power - and the ways we generate energy can threaten the survival of the magical creatures with whom we share this world," added Bishop. "Lindsay is doing work essential to the survival of our native wildlife. People can donate, volunteer, and simply come visit our 'ambassador raptors' - the non-releasable owls, hawks, and vultures who will give them a bird’s-eye view of nature."

As for the golden eagle who was released amid joyful cheers less than three months before her death, her spirit will live on in the memories of many. Said the veterinarian who treated her, she had a lot of heart and, even for an eagle, was very fierce.

"Her death, while tragic, is not the end of the story," said Bishop. "It will not dissuade us in the slightest from our mission to heal and release wildlife, and to inspire all who see these magnificent creatures to do what they can to ensure their survival. Lindsay presses on because there is always another patient to treat."

For more information, visit www.lindsaywildlife.org or www.ebparks.org.

195

Water Quality is Factor for Trees, Plants in Drought

Posted: Thursday, August 6, 2015 12:00 am By Ron McNicoll

Saving trees takes some care and attention. However, it can be accomplished in a drought with relatively little water.

The best way to water a mature tree is to use once or twice a month a soaker hose or a drip system snaked around in a spiral away from the tree trunk out to the edge of the branches' canopy. Using a hose faucet timer, sold at most hardware stores, can prevent overwatering, according to Save Our Water, a non-profit. Young trees need five gallons of water two to four times per week. A small watering basin for a tree may be created by putting a small berm of dirt around it.

Other tips include adding six inches of mulch, which helps soil retain moisture. Do not over-prune trees during a drought; it stresses trees. Water saved in a bucket can be used to water trees, as long as it is free of non-biodegradable soaps of shampoo.

Some homeowners are picking up recycled water at the Dublin San Ramon Services District (DSRSD) and Livermore plants, and using it on their gardens. Residents should be aware that it contains 150 to 200 parts per million more of total dissolved salts than potable water.

The saltier water can have a negative impact on salt-sensitive trees such as redwoods, said Pleasanton arborist Michael Santos. He also named beech, birch, and Japanese maples, and the shrubs azalea, photinia, rhododendron and camellia.

Santos said that recycled water used on salt-sensitive plants could lead to leaf burn at the edge of leaves, leaf drop, stunted growth, branch dieback and death.

Using recycled water is a complex topic, said Santos. It's important to use recycled water for the landscapes that tolerate it, but for a large 196 number of plants and trees, critical levels of salt tolerance has yet to be established.

For people motivated to read about salt tolerance for various trees and plants, Santos said that an excellent source is "Abiotic Disorders of Landscape Plants."

It was published in 2003 by University of California Agriculture and Natural Resources, (Publication No. 3420). In San Ramon, two city parks with redwood trees have been using recycled water. The city has found problems with redwoods in those two parks -- Richard Fahey Park and Byron Athan Downs. A third park with redwoods, Central Park, uses potable water, and also water from a well on location, and has not had problems, said public services director Karen McNamara. Eventually, recycled water will be used in Central Park.

Water for the Fahey and Athan parks comes from the DERWA project, a joint production of DSRSD and EBMUD. Before the parks were irrigated, EBMUD conducted a soils study; then followed up a few years later with another study. said McNamara.

There are studies for both the soil condition before and after a few years of usage. In the "after" study, "the salt content (in both parks) was off the charts," said McNamara.

Asked whether any redwoods are in danger, McNamara said, "We can see that they are declined, and seem to be getting a little worse each year."

DSRSD general manager Bert Michalczyk said that it may be true that in a normal rain year, recycled water may easily be leached down into the soil, and not give a redwood's shorter area roots a salt problem. However, the drought has prevented any such cleansing, he said.

Also of concern is that the Delta, which brings most of the Valley's potable water, becomes saltier in the drought. That can be a contributor, too, he stated.

197

Vallecitos Acreage Planned For Sale

Posted: Thursday, August 6, 2015 12:00 am

GE-Hitachi Nuclear Energy would like to sell 610 acres of its 1,600 Vallecitos site southwest of Livermore. The property is located where General Electric operated four small boiling-water reactors starting in the 1950s, pioneering industrial uses of atomic energy, such as the manufacture of medical radioisotopes and the first nuclear contributions to the nation’s electrical grid.

Today, the entire site is operated under the watchful eye of the Nuclear Regulatory Commission, which governs commercial nuclear energy in the U.S. and which has approval authority regarding the proposed sale. Before making a decision, the NRC is asking for public comment not later than October 5.

Only one of the reactors remains in operation and only a “few hundred acres” are needed for nuclear operations, according to Christopher White, a spokesperson for GE-Hitachi Nuclear Energy.

The rest of the land is unused or is leased to ranchers for cattle grazing. There is no need for the company to own it all, he said.

GE-Hitachi is a 2007 joint venture of General Electric and Hitachi, the Japanese industrial giant. About 100 GE-Hitachi employees work at the Vallecitos site, half of them recently moved from leased offices in San Jose. Current efforts include providing radiography services and generating industrial radioisotopes, particularly cobalt-60 for tumor therapy and sterilization of medical instruments.

GE-Hitachi also leases laboratory space at Vallecitos to another high tech firm, Schafer Corp.

Comments on the proposed sale should be made by October 5. They may be sent by mail to Cindy Bladey, Office of Administration, Mail Stop OWFN-H08, Nuclear Regulatory Commission, Washington DC 20555-0001; or by email to Carol.

198

The East Bay Regional Park District is excited to be moving ahead with long- awaited plans to remove hazardous trees from the East Bay ridgeline, making the hills safer, more natural and healthier for residents as well as the species we are charged with protecting.

Unfortunately some misinformation has been circulating about this well-vetted and thoroughly researched plan. I'd like to make a few important points about the project and hopefully clear up some of the misperceptions:

1. The park district is neither clear-cutting trees nor removing all eucalyptus trees in the Oakland and Berkeley Hills.

2. Large amounts of herbicide will not be used.

3. Given the very serious drought conditions we are continuing to face, all fire- prevention efforts are urgent, particularly in the dry East Bay hills.

The district's wildfire management plan came about as a result of the devastating 1991 East Bay hills fire, which killed 25 people, injured 150 others and destroyed 3,450 homes. After more than a decade of research, review and public input, our plan was approved by the board of directors in 2010.

It focuses on selectively removing or thinning non-native or dead trees and brush on hundreds of acres in 11 regional parks including Sibley, Tilden, Anthony Chabot, Wildcat Canyon and Claremont Canyon that are adjacent to tens of thousands of nearby residents and businesses.

We do not use a "clear-cutting" approach. Rather, our goal is to reduce fire hazards on district-owned lands while maintaining and enhancing ecological values for native plant and wildlife habitat. Preserving the aesthetic landscape values for park users and neighboring communities is also a significant priority, as well as encouraging homeowners to keep their properties fire safe. 199 To prevent re-sprouting and eliminate regrowth of non-native vegetation, the herbicide Garlon is applied by trained certified workers, by hand with a small brush or sprayer, to freshly cut tree trunks -- not on the ground. About 15 gallons annually will be used throughout the district's wild lands.

Garlon is similar to store-brand treatments sold to the public and has been approved by independent experts, including a panel of UC experts. The product has been deemed safe for use in all planned application settings and around natural environments. This will be done in select project areas that are spread throughout thousands of acres across the entire fuels reduction area.

Like you, our agency and others care deeply about the land we manage, the protection of wildlife, the environment, and the safety of our park users and employees.

We also have a responsibility to manage the native and non-native forests and grasslands, and protect lives and property. We look forward to continuing our efforts to make the East Bay hills safer for everyone.

For more information, visit www.ebparks.org.

Robert Doyle is general manager of the East Bay Regional Park District East Bay Regional Park District.

200

East Bay’s Park it: Here’s how to contend with coyotes By Carolyn Jones Columnist

If you've been to any of the East Bay's wilder parks lately, especially at dusk, there's a good chance you've spotted a big-eared, 40-pound canine trotting across a hillside: a coyote.

Coyote populations in the Bay Area have been rebounding the past few decades as hunting regulations have tightened, public attitudes have changed and these highly intelligent, adaptable creatures have become more adept at living near cities and suburbs. In recent years coyotes have been spotted in San Francisco and even New York City.

In the East Bay Regional Park District, coyotes live almost everywhere except for Brooks Island and Browns Island. They're most common, though, in the larger parks east of the Caldecott Tunnel. Briones, Black Diamond Mines, Contra Loma, Sunol, Round Valley and Brushy Peak are all ideal places to catch a glimpse of these beautiful animals, especially around dawn or early evening.

FILE - In this Feb. 10, 2013, file photo, A coyote stands in a field in this undated file photo. Hunters are tromping through the countryside of a remote Northern California county, as they compete in a controversial contest to see who can kill the most coyotes. Organized coyote hunts that award prizes to the top marksman have sparked a culture clash in California between wildlife advocates who value the animals as an essential part of the landscape and people who view coyotes as wily varmints to be hunted down to protect livestock. On Wednesday, Dec, 3, 2014, the California Fish and Game Commission will consider banning prize hunts for coyotes as well as foxes and bobcats, which also are legal to kill year-round in unlimited numbers. (AP Photo/Daily Inter Lake, Karen Nichols, File) ( Karen Nichols )

Coyotes are important predators in our parkland ecosystems, eating large numbers of mice, rabbits, gophers and squirrels. But they're also very resourceful and in cities may eat garbage, cats or small dogs.

Here are a few tips to help the public learn to live with coyotes:

201 • Keep cats and dogs indoors at night

• Don't leave pet food outside

• If you're on a hike and see a coyote, put your dog on a leash

• If a coyote approaches you or your pet, shoo it away by throwing small rocks, yelling or waving your arms

• Never feed a coyote.

These days, as the drought intensifies, coyotes might be more visible than usual. They're likely to be drawn to creeks and ponds in search of water and also following prey who are trying to survive these hot, dry months. It's a treat to observe these handsome, resilient animals. Just give them plenty of space so they can remain wild.

Concord: Help plan the East Bay's newest park, a 2,540-acre expanse of grassy hills and oak woodlands at the former Concord Naval Weapons Station.

The Park District is seeking the public's help in transforming the longtime military facility into a regional hub for trails and open space. Whether it's hiking, mountain biking, camping, educational programs or historic preservation, the District wants to know what you want.

The property, which comprises about half of the former base, lies south of Highway 4 and straddles the hills between Concord and Pittsburg. It will provide links in several regional trail systems, including the Contra Costa Canal Trail and De Anza National Historic Trail, as well as trails in Mount Diablo State Park, Black Diamond Mines State Park and beyond.

The new park will also include a visitor center focusing on the Port Chicago disaster of 1944, in which more than 300 mostly African-American sailors died in a munitions explosion while loading ships. The tragedy, ensuing mutiny and public protests, led to the desegregation of the military and was an early milestone in the Civil Rights Movement. The center, a partnership with the National Park Service, will also feature exhibits on the role of the Naval Weapons Station in four wars, the contributions of veterans and the rich history of Concord and the Diablo Valley.

Another important aspect of the new park is that it's close to a BART station. Linking regional parks and trails to public transit is a priority for the district board, and hopefully will be a boon for bicyclists and hikers throughout the East Bay.

The public's help is also needed to pick a name for the park. It's currently called Concord Hills Regional Park, but planners hope to replace the name with 202 something more dynamic. A few suggestions so far: Todos Santos, after the original name for Concord; Los Medanos, after the official name of the hills east of Concord; and Rancho del Diablo, after one of the Spanish-era land grants in the area. To learn more about the project and contribute your ideas, please go to http://www.ebparks.org/about/planning/cnws

Tilden: Looking for a fun and challenging hike with like-minded souls? Join the naturalists at Tilden Regional Park for a hike Sunday to Wildcat Peak. Hikers will meet at the Tilden Nature Area at 10 a.m., ascend the peak, hike down through Laurel Canyon and return by noon. Learn about the park's bountiful flora and fauna on the way, make new friends and get a good workout. Bring a snack and water. No registration needed.

Crockett: Another great hike scheduled for August is at Crockett Hills. Learn about the area's history, its wildlife and plants and take in some fantastic views from the ridge tops.

Crockett Hills is one of the less-visited parks in the district but is well worth exploring. The 1,900-acre park, between the towns of Crockett and Port Costa, has gorgeous views of the Carquinez Strait and ample wildlife, including golden eagles, Cooper's hawks and gray foxes.

A great trail network makes this park a perfect destination for hikers, dog walkers, cyclists and anyone else seeking some quiet and solitude in a beautiful natural setting. This naturalist-led hike leaves from the staging area at 9:30 a.m. Aug. 14. The staging area is on Crockett Boulevard, just south of Pomona Street in Crockett.

Hayward: If those hikes sound too vigorous for you, try an easy, relaxing stroll Aug. 15 along the Hayward area shoreline. The flat, 3-mile walk next to Oro Loma Marsh and San Francisco Bay will be a great outing for kids and seniors, bird watchers and anyone else seeking fresh bay breezes and picturesque scenery.

The walk is from 10 a.m. to noon and begins at the Grant Avenue staging area at the Hayward Regional Shoreline. The staging area is at the foot of Grant Avenue in San Lorenzo.

Carolyn Jones is writing the Park It column while Ned MacKay is on hiatus. Email Ned about East Bay Regional Park District sites and activities at [email protected].

203

Aug 4 letters to the editor

The media coverage of plans to destroy hundreds of thousands of trees in the East Bay hills has been uniformly inaccurate ("Opponents of tree- cutting plan launch petition," July 30).

There is a 15-page executive summary of the plan in the FEMA Environmental Impact Statement that easily could be read, but journalists apparently don't consider themselves responsible for establishing the basic facts of a controversial issue. Instead, they interview opposite sides of the controversy and quote them. The public is left with contradictory information, leaving them bewildered.

There are three public entities involved in the tree-removal project, and they have different strategies. UC Berkeley and Oakland have made written commitments to destroy all non-native trees on their project acres. East Bay Regional Park District will remove all trees in some areas, and in other areas they will remove trees to distances of 25-35 feet between the trees, leaving at most 60 trees per acre.

EBRPD has said that "unmanaged" eucalyptus forests have an average of 650 trees per acre, so they are planning to destroy only 90 percent of their trees. The journalist interviewed the spokesperson for EBRPD, so the public is getting their version of the project. Unfortunately, their version is not representative of the project as a whole.

Mary McAllister

204

High Water Savings Are Killing Valley Trees

Posted: Thursday, July 23, 2015 12:00 am By Ron McNicoll

With a Valleywide water conservation effort of 46 percent in June, compared to the same month in 2013, the Valley may lead or be near leading the state in water conservation efforts.

However, that might not be a good thing. The price of that water conservation appears to be not only brown lawns, but also the death of trees that have depended on the irrigation of those lawns. Zone 7 Water Agency board president Sarah Palmer, who lives in Livermore, said that trees all over the city are dying. It's a loss to homeowners who may depend on them for the energy savings from shade on the house, for decoration, or for fruit. Removing them is a financial loss, as well. Losing trees also hurts the community as a whole. Collectively, the cooling shade can make a difference in a neighborhood and a city. Trees give off oxygen and evaporate water from their leaves, so that is also lost for the environment, said Palmer, who was speaking for herself, and not for the board.

Palmer has 18 trees, including three oaks in the front yard, which she says keeps the temperature on the house down by 10 or 15 degrees. Redwoods in the back yard are mountain Sequoia, which don't require as much water as coastal redwoods.

In what may be a sign of the times, Palmer has engaged her own arborist; several friends also use the same advisor.

Jackie Williams Courtright, owner of a Livermore nursery and a former Zone 7 board member, emphasized the importance of saving trees.

"All trees are stressing. It's an invitation for disease and insects. They are really struggling. They cool our community, and deliver a lot of oxygen to the air," said Williams Courtright.

205 Williams Courtright said there is enough water to save trees, provided people irrigate properly. They need to use drip irrigation or soil soaking irrigation near the tree base.

Water consumers have been praised for their conservation efforts. Williams Courtright said, "In the beginning, people kept saying, 'Brown is the new green.' I said that it is not a good slogan, not a positive one, so they backed away from it. Clearly, it's nice to know that people are willing to step up (to save trees)."

Zone 7 has more than enough water to meet the demands of its retailers. In June, Zone 7 general manager Jill Duerig reported to the board that the agency is expected to have an extra 14,000 acre feet (AF) this year. (An acre foot is one acre of water to a depth of one foot.)

An analysis of water retailers' figures concerning water conservation shows that Livermore municipal water users saved 41 percent in June, and 30 percent in the first six months, compared to the same times in 2013, the baseline year. Cal Water in Livermore reports 48 percent in June and 41 percent for the year to date. Pleasanton showed a 48 percent reduction in June and 37 percent for the year so far. DSRSD delivered 43 percent less water in June, and 30 percent in the year.

A resource about saving trees is available to homeowners in a four- page article from the University of California Agriculture and Natural Resources division's Master's Gardener program.

The article tells how to monitor a tree for signs of dying, where to irrigate the tree, and how much the tree should be irrigated. To learn more, send e-mail to UC Master Gardeners [email protected]. By phone, they are available at 510- 639-1371, but only between 10 a.m. and 1 p.m. on Mondays, Wednesdays and Thursdays.

NEW RULES FOR FUTURE HOMES' LANDSCAPING In another effort to save water in the long run in California, the state Water Resources Control Board has issued a new model ordinance that scales back water consumption in new home developments. The ordinance calls for installation of pressure regulators, master valves, and master shutoff valves. Master meters are required on yards larger than 5000 square feet, so the water measurement will be taken separately from the home water meter. 206 However, the hardware is the minor point. The basic idea is that cities and counties will require developers to prepare a water budget for a property, which will show how much annual water will be used for a home.

The ordinance, which must be put into effect by Dec. 1, is expected to save 12,000 gallons per year for a new home. The ordinance exempts yards smaller than 500 square feet. The previous ordinance exempted spaces below 2500 square feet.

Landscapes irrigated with gray water or captured rainwater are exempt, up to 2500 square feet. Further, there are exceptions for sports fields, community facilities, and areas irrigated with recycled water.

Cities and counties may adopt the ordinance entirely, or write their own version of it, as long as the water conservation total is the same as, or better than, the model ordinance. Cities and counties will report to the state at the end of every year concerning developers' conformity to the ordinance. In Livermore, the city has an ordinance on the books from a previous requirement a few years ago. It surpassed the state's model ordinance at the time, said City Manager Marc Roberts. The staff is looking into any differences that might need updating.

Pleasanton also will be looking at updating its ordinance, said assistant director of operational services Leonard Olive.

In Dublin, city spokesperson Lori Taylor said the staff will look at the new ordinance closely to be sure the city will adopt any required changes in its ordinance. "Dublin has always been proactive about conserving water. Over 80 percent of our civic water -- medians, parks, and public facilities -- use recycled water," she said.

207

National Study Taking Place At Livermore Woman’s Ranch

UC Berkeley professor Bill Dietrich and Marilyn Russell near a meteorology station establish on the Sagehorn Russell ranch as part of a "critical zone" research project

Posted: Thursday, July 23, 2015 12:00 am By Jeff Garberson

The Sagehorn Russell ranch lies some 200 miles north of Livermore, not far from the town of Willits. Dry brown grass covers its hills and valleys. Lichen-covered rocks poke up through the soil.

Deer roam there, and sometimes elk. Mice and ground squirrels hide in the undergrowth from hawks. Bobcats prowl among stands of madrone and Manzanita while cattle seek shade under dusty looking oak trees. In short, the Sagehorn Russell ranch looks much like any other working cattle ranch in the drought-stricken hills of Northern California at this time of year.

Closer inspection shows that it is anything but average, however. Owned by Marilyn Russell, a retired Livermore High School field biology teacher, it has become an important part of a nationwide scientific effort to understand the “outer skin” of the Earth, the part that carries ground water, surface soil, animals and vegetation, up through the tree canopies. It’s the part of Earth where we live, and for that reason has come to be known as the Critical Zone.

In the words of the National Science Foundation, “It’s where rock, soil, water, air and living organisms interact to shape Earth’s surface.” NSF recently announced an effort to better coordinate the efforts of its 10 208 critical zone research sites. Similar efforts are now taking place in Europe, China, Australia and other parts of the world.

In this country, the sites, called observatories, are located at diverse sites from Pennsylvania to Arizona, from Illinois to Idaho. The Northern California site, called the Eel River Critical Zone Observatory, includes the Sagehorn Russell ranch.

Sagehorn Russell is near the headwaters of the southern branch of the Eel, which flows north toward Humboldt Bay.

Scientists from the University of California at Berkeley visit the river’s drainage regularly, including Russell’s ranch, studying its geology for comparison to the geology downstream, nearer the Coast. They bring equipment to record the movement of tree sap, test for moisture in soil and in leaves, and make myriad other measurements to determine the health of the critical zone.

Early next month, they plan to bring in a drill rig to take soil samples to better understand the structure of the subsurface and link it to the movement and storage of water, perhaps – depending on where they find bedrock -- to a depth of 100 feet.

They hope eventually to expand the study to include the south-flowing Russian River drainage, according to William Dietrich, a principal investigator in the effort and an earth and planetary science professor at Berkeley.

Dietrich says that more is known of the earth thousands of feet beneath the surface, because of oil exploration, than is known about the near subsurface, at depths of a few tens of feet.

“But its critical…that’s where we get our water,” he said. “It’s what we live on. It’s what mediates our climate by returning water to the atmosphere. It’s where waste goes when we accidentally spill things.”

Dietrich considers it a substantial windfall to be able to study the Sagehorn Russell ranch, which unlike many of the areas downstream is in a mostly natural state. Apart from a major fire that swept the region more than 60 years ago, it is in essentially the same condition as when Marilyn Russell’s father bought the property in 1949.

That’s because Russell has insisted on the ranch’s preservation; she has been fortunate to be able to lease the property for the past two decades to a man – Paul Holleman II -- who practices sustainable cattle ranching methods. 209 These include taking the trouble to pipe water from springs to ridge top troughs that are widely spaced so that the herd spreads out into small communities instead of collecting in a small, low lying area where it can trample vegetation and foul streams.

In contrast to Sagehorn Russell, much of the Eel River drainage downstream has been altered by traffic, residential development, industrial scale cattle ranching and marijuana cultivation. The ranch’s relatively undisturbed state creates an opportunity for detailed scientific comparison of how a modern civilization has been affecting its environment, especially its use of water.

It’s not a given that the researchers would have access to the ranch for their studies. Russell notes that ranch owners commonly guard their privacy, resisting efforts by the government or anyone else to intrude into their lives.

She has some of these feelings herself. “It was definitely a stretch” to allow outsiders – however well intentioned -- access to the ranch, she said.

She overruled the privacy reflex, she said, because of her conviction that the future of the land and its wildlife are well served by scientific study and documentation.

Russell learned about the Eel River study when she encountered Mary Power, a Berkeley integrative biologist who is one of its principal investigators, at a meeting last fall. They discussed the controversial proposal to expand the Carnegie off-road-vehicle park in San Joaquin County into an undeveloped site called Tesla just across the border in Alameda County.

The two women quickly discovered commonalities of interest, from enjoying horseback riding to believing in the value of studying and understanding nature. Not surprisingly, they were united in their opposition to large scale motorized recreation on an undeveloped site that provides both natural beauty and habitat for many species of wildlife. Russell offered to allow her and the other Eel River researchers to visit her ranch to evaluate its potential as a study site. Visits have continued and now bring both professional scientists and students considering careers in the natural sciences.

One of Dietrich’s graduate students is pursuing his PhD by focusing on water consumption and flow in the geology and plant life of the Sagehorn Russell ranch.

210 He aims to develop a model that will “help guide sustainable management of water resources” at a time of global warming in a region beset with increased demands on water due to development and agricultural practices, including water-intensive marijuana farming, according to his PhD proposal.

Making her ranch available to serious scientific researchers is part of Russell’s way of preserving it and looking to the future. The ranch is precious to her for many reasons, not least of which is that she grew up there.

That meant being surrounded by natural beauty and the kind of peaceful quiet that city dwellers might only dream about. It also meant hard work and no luxuries. The land lies mostly above 1,800 feet, and Russell remembers helping her father try to save starving animals following an autumn snowstorm when she was only 5, shortly after they moved in. Economic disaster followed less than two years later, when a fire swept through the ranch, burning 4,000 acres and destroying their uninsured cattle herd. It was a hardscrabble life; Russell recalls feeling poor during her childhood.

Homeschooled, often lonely, she would sometimes ride a horse three hours or more to Willits to visit friends.

She attended Cal to study zoology and history and to get a teaching credential, finding a job teaching biology and life science at Livermore High in 1967. She soon discovered a passion for teaching students out of doors, in nature – showing them “what was here, what was in their own backyard.”

The instinct to teach remains with her today and is evident when the earth scientists from Berkeley visit her ranch, according to UC’s Dietrich. As they explore the site, Russell identifies plants for the visitors and they identify rocks for her. “It’s really fun,” he said. “She’s had a lifetime of a very personal relationship with her land, and she likes to talk about it.” She has also remained close to nature in other ways, particularly through horseback riding.

Stamina developed through years of hard work on the ranch helped prepare her to compete in grueling endurance events like the 100-mile Tevis Cup ride in California and Chief Joseph ride in Oregon, Idaho and Montana.

Injuries and the passage of years have forced her to ease up on competition, but she still joins local friends for rides in the Livermore hills as well as occasional visitors for long rides around her ranch. 211 Having grown up, lived and worked on the ranch and made it available for scientific research, Russell’s passion now is to preserve and protect it. She intends to put it in a trust, such as the Rangeland Trust, that will guarantee that it will never be subdivided or developed commercially.

212