Board Meeting Packet

May 18, 2021

BOARD OF DIRECTORS Board Meeting Packet SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AT THE EAST BAY REGIONAL PARK DISTRICT BOARD OF DIRECTORS MEETING SCHEDULED FOR TUESDAY, MAY 18, 2021 at 1:00 pm

Pursuant to Governor Newsom’s Executive Order No. N-29-20 and the Alameda County Health Officer’s Shelter in Place Orders, the East Bay Regional Park District Headquarters will not be open to the public and the Board of Directors and staff will be participating in the Board meetings via phone/video conferencing.

Members of the public can listen and view the meeting in the following way: Via the Park District’s live video stream which can be found at https://youtu.be/dE2RtF1gYqc

Public comments may be submitted one of three ways:

1. Via email to Yolande Barial Knight, Clerk of the Board, at [email protected]. Email must contain in the subject line public comments – not on the agenda or public comments – agenda item #. It is preferred that these written comments be submitted by Monday, May 17, 2021 at 3:00 pm.

2. Via voicemail at (510) 544-2016. The caller must start the message by stating public comments – not on the agenda or public comments – agenda item # followed by their name and place of residence, followed by their comments. It is preferred that these voicemail comments be submitted by Monday, May 17, 2021 at 3:00 pm.

3. Live via zoom. If you would like to make a live public comment during the meeting this option is available through the virtual meeting platform: *Note: this virtual meeting platform link will let you into the https://zoom.us/j/98708891830 virtual meeting for the purpose of providing a public comment. If you do not intend to make a public comment please use the YouTube link at: https://youtu.be/dE2RtF1gYqc to observe the meeting. It is preferred that those requesting to speak during the meeting contact the Clerk of the Board at [email protected] by 3:00 pm on Monday, May 17, 2021 via email or voicemail (510) 544-2016 to provide name and the subject of the public comment or item to be addressed.

Comments received during the meeting and up until the public comment period on the relevant agenda item is closed, will be provided in writing to the Board of Directors, included transcribed voicemails. All comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record. If you have any questions please contact Yolande Barial Knight, Clerk of the Board, at [email protected] or (510) 544-2021.

1 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX EAST BAY REGIONAL PARK DISTRICT

East Bay Regional Park District Board of Directors

DEE ROSARIO The Regular Session of the TUESDAY, MAY 18, 2021 President - Ward 2 Board Meeting is scheduled to commence via teleconference at 1:00 p.m. COLIN COFFEY Vice President - Ward 7 Park District’s live video stream can be found at: BEVERLY LANE https://youtu.be/dE2RtF1gYqc Treasurer - Ward 6 DENNIS WAESPI Secretary - Ward 3 Respectfully submitted, ELIZABETH ECHOLS Ward 1 SABRINA B. LANDRETH ELLEN CORBETT General Manager Ward 4 AYN WIESKAMP Ward 5 SABRINA B. LANDRETH General Manager

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

2 AGENDA

REGULAR MEETING OF MAY 18, 2021 BOARD OF DIRECTORS EAST 3. Live BAY via zoom. REGIONAL If you would PARK like DISTRICTto make a live public comment during the meeting this option is available through the virtual meeting platform: https://zoom.us/j/98708891830 *Note that thisThe virtual Board meeting of Directors of 11:0platform0 a.m. link willROLL let you CALL into the (Virtualvirtual meeting) for the purpose of providing a publicthe comment. East Bay RegionalIf you do Park not intend to make a public comment please use the YouTube link at: https://youtu.be/dE2RtF1gYqcDistrict will hold a regularto observe the meeting.PUBLIC It isCOMM preferredENTS that those requesting to speak during the meetingmeeting contactvirtually, commencing the Clerk of the Board at [email protected] by 3:00 pm on Monday, May 17, 2021 viaat 11:00email a.m.or voicemailfor Closed CLOSED SESSION Session and 1:00 pm for Open (510) 544-2021 to provide name and the subject of the public comment or item to beSession addressed. on Tuesday, May 18, 2021. Video Stream at: https://youtu.be/dE2RtF1gYqc A. Conference with Labor Negotiator: Government Code Section 54957.6

1. Agency Negotiators: Sabrina B. Landreth, Ana M. Alvarez, Agenda for the meeting is Allyson Cook, Eddie Kriesberg listed adjacent. Times for Employee Organizations: AFSCME Local 2428, agenda items are approximate Police Association only and are subject to change during the meeting. If you wish Unrepresented Employees: Managers, Confidentials and Seasonals to speak on matters not on the agenda, you may do so under Public Comments at the B. Conference with Legal Counsel: beginning of the agenda. If you wish to comment on an item 1. Anticipated Litigation - Government Code Section 54956.9: on the agenda, please send an a) Initiation of litigation pursuant to Section 54956.9 email to [email protected] (d)(4):1 cases before 3:00 pm, Monday, May 17, 2021.

2. Existing Litigation - Government Code Section 54956.9(d)(I): A copy of the background a) Discovery Builders, Inc. et al. vs. EBRPD materials concerning these Contra Costa Superior Court agenda items, including any material that may have been Case No. N20-1115 submitted less than 72 hours before the meeting, is available for inspection on the District’s 1:00 p.m. OPEN SESSION (Virtual) website (www.ebparks.org). Agendas for Board Committee PLEDGE OF ALLEGIANCE Meetings are available to the public upon request. If you wish A. APPROVAL OF AGENDA to be placed on the mailing list to receive future agendas for a B. PUBLIC COMMENTS specific Board Committee, please call the Clerk of the Board’s Office at (510) 544- Public comments may be submitted one of three ways: 2020. 1. Via email to Yolande Barial Knight, Clerk of the Board, at [email protected] . District facilities and meetings Email must contain in the subject line public comments – not on the agenda or public comply with the Americans with comments – agenda item #. It is preferred that these written comments be Disabilities Act. If special submitted by Monday, May 17, 2021 at 3:00 pm. accommodations are needed for you to participate, please 2. Via voicemail at (510) 544-2016. The caller must start the message by stating contact the Clerk of the Board as soon as possible, but public comments – not on the agenda or public comments – agenda item preferably at least three # followed by their name and place of residence, followed by their comments. It is working days prior to the preferred that these voicemail comments be submitted by Monday, May 17, meeting. 2021 at 3:00 pm. 3 3. Live via zoom. If you would like to make a live public comment during the meeting this option is available through the virtual meeting platform: *Note: this virtual meeting platform link will let you into the https://zoom.us/j/98708891830 virtual meeting for the purpose of providing a public comment. If you do not intend to make a public comment please use the YouTube link at: https://youtu.be/dE2RtF1gYqc to observe the meeting. It is preferred that those requesting to speak during the meeting contact the Clerk of the Board at [email protected] by 3:00 pm on Monday, May 17, 2021 via email or voicemail (510) 544-2016 to provide name and the subject of the public comment or item to be addressed.

C. SPECIAL UPDATE

1. General Manager’s Update on the Status of the East Bay Regional Park District Emergency During the COVID-19 Pandemic and the Reoperation Plan for 2021.

1:30 p.m. D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of March 29, 2021 Through April 11, 2021 (Auker/Landreth) (Resolution) (No Cost) b. Approval of Recommendation for Ardenwood Agricultural Land Lease Request for Proposal Response and New Agreement with the Alameda County Deputy Sherriff’s Activity League: Ardenwood Historic Farm (Margulici/O’Connor) (Resolution) (Rev Authorization) c. Approval of the Recommendation for Contra Loma Food Concession Request for Proposal Response and New Agreement with Boondoggies, LLC: Contra Loma Regional Park (Margulici/O’Connor) (Resolution) (Rev Authorization) d. Authorization to Execute a Contract with “LEHR” to Purchase Police Vehicle Set-ups: Public Safety Division (Cotcher/Ciaburro) (Resolution) (Budgeted Funds) e. Authorization to Award a Construction Contract with IBS USA, Inc. for the Improve Facilities Project: Contra Loma Regional Park (Goorjian/Kelchner) (Resolution) (Budgeted Funds) f. Authorization to Extend a Contract with AppleOne for Temporary, Professional Staffing Services: Legal/Risk Division (Balmes/Victor) (Resolution) (Budgeted Fund) g. Authorization to Execute a Professional Services Contract with EKI Environment & Water, Inc. for Stormwater Management and Technical Assistance for North Point Isabel: McLaughlin Eastshore State Park Regional Shoreline (Graul/Kelchner) (Resolution) (Budgeted Funds) h. Authorization to Purchase Safety Equipment from L.N. Curtis & Sons: Public Safety Division (Theile/Ciaburro) (Resolution) (Budgeted Funds) i. Authorization to Purchase Three Greenworks U800 All-Electric Utility Vehicles from Turf & Industrial Equipment for Vehicle Replacement and as Additions to the Fleet (McCrystle/O’Connor) (Resolution) (Budgeted Funds)

4 j. Authorization to Purchase Eight Ford Pick-up Trucks from Downtown Ford Sales for Vehicle Replacements and as an Addition to the Fleet (McCrystle/O’Connor) (Resolution) (Budgeted Funds) k. Authorization to Purchase Three Toro Dingo TX1000’s from Cal-Line Equipment Inc. as Additions to the Fleet (McCrystle/O’Connor) (Resolution) (Budgeted Funds) L. Authorization to Apply for Federal Grant Funds through the California Coastal Conservancy from the National Coastal Wetlands Conservation Grant for the Coyote Hills Restoration and Public Access Project: Coyote Hills Regional Park (Hornbeck/Barton/Auker) (Resolution) (Rev Authorization) m. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic) (Zones of Benefit) (Spaulding/Auker) (Resolution) (Rev Authorization) n. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC-1 LLD) (Spaulding/Auker) (Resolution) (Rev Authorization) o. Authorization to Amend the 2021 Budget, Appropriate Funds, Approve Time Extension and Close Measure WW Local Grant Program Projects (Hornbeck/Rasmussen/Auker) (Resolution) (Budgeted Change)

2:00 p.m. 2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION

a. Informational Update on Programming for Improve Peralta Oaks North Project: District Headquarters (Goorjian/Kelchner/Alvarez) b. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 80± Acres of Real Property from Kim Owens And Kelen Maness, Successor Trustees of the Donna Pugh Living Trust: Byron Vernal Pools Regional Preserve (Reeves/Kelchner) (Resolution) (Budget Change) c. Authorization to Award Job Order Contracts JOC-021, -022, -023, -024, -025, -026, -027 and -028 to Buhler Commercial, Mark Scott Construction, Inc., Devaney Engineering, Inc., Buhler Commercial, SBAY Construction, Inc., Staples Construction Company, Inc., E.E. Gilbert Construction, Inc. and Teichert Construction Respectively: Districtwide (Goorjian/Kelchner) (Resolution) (Budgeted Funds)

5 2:45 p.m. 3. BOARD AND STAFF REPORTS

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

3:00 p.m. 4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION

a. Assistant General Manager of Public Affairs Carol Johnson will provide a presentation on engaging a diverse community in health & wellness.

3:30 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

3:35 p.m. 6. BOARD COMMENTS

4:45 p.m. E. ADJOURNMENT

6 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of March 29, 2021 Through April 11, 2021 (Auker/Landreth)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of March 29, 2021 through April 11, 2021. 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.

7 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MARCH 29, 2021 THROUGH APRIL 11, 2021

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

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the check listing for the period of March 29, 2021 through April 11, 2021;

Moved by Director , seconded by Director , and adopted this 18th day of May, 2021 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

8 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of Recommendation for Ardenwood Agricultural Land Lease Request for Proposal Response and New Agreement with the Alameda County Deputy Sherriff’s Activity League: Ardenwood Historic Farm (Margulici/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee, by unanimous vote at the April 27, 2021 meeting, recommend that the Board of Directors approve the recommendation for Dig Deep Farms, a social enterprise of The Alameda County Deputy Sheriffs’ Activities League, as the Ardenwood Historic Farm Agricultural Land Lessee for an initial term of 5 years, with two possible additional 5-year terms at the Park District’s discretion.

REVENUE/COST

The lessee will pay rent of $150/acre/year to the District. Dig Deep Farms will be allowed to offset the rent by completing approved in-kind work at agreed upon hourly rates commensurate with the type of work for the Park District’s farm program.

In-kind work by the previous lessee has included planting interpretive crops, maintaining the compost program, costs of organic certification, and supplies for I&R fields and reimbursement to the Park District for electricity.

BACKGROUND

Lease Background The 205-acre Ardenwood Historic Farm (Ardenwood) is owned by the City of Fremont and operated by the Park District on a long-term management lease. Established in the 1996 Ardenwood Business Plan, the purpose of the park facility is to preserve agricultural land, provide an opportunity to demonstrate historical and current agricultural practices, and to offer educational, cultural, and recreational opportunities relative to historical heritage, farming, and horticultural practices with a focus on benefits of partnerships and strong business practices. In the 2005 Ardenwood Land Use Plan Amendment, the agricultural fields were designated “Special Management Features” to preserve the land through farming. Ardenwood has 120,000 annual

9 visitors and the staffing levels for the park are based on having a farmer lessee to complete the mechanical labor for the Park District’s interpretive farm program.

Ardenwood has approximately 91 acres in crop fields, approximately 53 acres are farmed exclusively and at all times by the Lessee while the other acres are in rotation between the lessee and the Park District’s farm program. In recent times, Ardenwood’s fields were planted with grain, hay, a variety of lettuces, cauliflower, pumpkins, and broccoli and have been Certified Organic.

Request for Proposals (RFP) The Request for Proposals (RFP) was issued in response to a notice of retirement and termination of the Ardenwood Agricultural Lease on January 6, 2020 from Doug Perry of J.E. Perry Farms, the lessee since the mid-1980s. The proposals in the first RFP were non-responsive, so a second RFP was published January 11, 2021. J.E. Perry Farms continued to perform in-kind work at Ardenwood until the official termination date and has vacated Ardenwood as of early April 2021.

To offer open competition to the public, the RFP notice was posted in the local newspapers under Legal Notice, posted on the Park District’s website, posted on a government RFP advertising website, sent directly to 21 agricultural entities, and posted with the City of Fremont and the Fremont Chamber of Commerce. These various postings and notices resulted in 17 responses to attend the site visit and in three submittals, two of which were non-responsive.

Park District staff reviewed the proposal and conducted a formal interview process to determine how the proposer would best accomplish the defined expectations listed in the RFP and meet the Park District’s lease agreement requirements. After consideration of the proposal and interview along with a formal scoring process, it was determined that Dig Deep Farms, a 501(c)(3) nonprofit organization, and part of the Alameda County Deputy Sheriffs’ Activities League (DSAL) met the Park District’s criteria. Therefore, Dig Deep Farms is being recommended by Park District staff for the Board’s consideration.

Dig Deep Farms Founded in 2010, Dig Deep Farms grows and distributes healthy food in the Alameda County communities of Ashland, Cherryland, and San Leandro. Their goal is to improve health and wellbeing for the community by creating jobs, reducing recidivism through re-entry internships, and making fresh locally grown food accessible to all. Dig Deep farms has four years organic farming experience and currently farms 17 acres at five local farm sites.

Dig Deep Farms proposal plan for Ardenwood is to grow a variety of produce including leafy greens, lettuce, alliums, root vegetables, and herbs. Dig Deep Farms will use paid farm labor in addition to internships utilizing cohorts (re-entry, women, youth). Dig Deep Farms has interdisciplinary partnerships, including health care and public safety, with administrative and financial support from the Deputy Sherriff’s Activities League and Alameda County. In addition to ongoing financial support from Alameda County, Dig Deep Farms has funding for start-up costs and may spend up to $1.2 million for improvements and equipment.

10 Dig Deep Farms has established an Advisory Board to support the increase in acres to be farmed from the current 17 acres. This increase in scale will be supported by advisory board members Ben Ratto, Operations Manager, Bay Cities Produce and David Mudge of David Mudge Gardens. Both members have background experience in growing row crops, large-scale farming operations, and extensive connections in the regional farming network.

ALTERNATIVES

None recommended.

11 Page Left Blank Intentionally

12 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

APPROVAL OF THE RECOMMENDATION FOR ARDENWOOD AGRICULTURAL LAND LEASE REQUEST FOR PROPOSAL RESPONSE AND NEW AGREEMENT WITH THE ALAMEDA COUNTY DEPUTY SHERIFF’S ACTIVITY LEAGUE: ARDENWOOD HISTORIC FARM

WHEREAS, the purpose of the Ardenwood Historic Farm park facility is to preserve agricultural land, provide an opportunity to demonstrate historical and current agricultural practices, and to offer educational, cultural, and recreational opportunities relative to historical heritage, farming, and horticultural practices. Specifically, focusing on the benefits of partnerships and strong business practices as well as meeting the requirement of the 2005 Land Use Plan Amendment that designated the agricultural fields “Special Management Features” to preserve the land through farming; and

WHEREAS, the Request for Proposals (RFP) was issued in May 2020 in response to notice of retirement and termination of the Ardenwood Agricultural Lease on January 6, 2020 from Doug Perry of J.E. Perry Farms, the lessee since the mid-1980s and the proposals received were unresponsive; and

WHEREAS, a second RFP was issued on January 11, 2021; and

WHEREAS, to offer open competition to the public, the RFP was posted in the local newspapers under Legal Notice, posted on the Park District’s website, posted on a government RFP advertising website, sent directly to 21 agricultural entities, and posted with the City of Fremont and the Fremont Chamber of Commerce resulting in three proposals submitted, two of which were non-responsive; and

WHEREAS, it was determined through consideration of the proposal and interview that Dig Deep Farms met the Park District’s criteria in addition to incorporating an Advisory Board in response to feedback from the first RFP process; and

WHEREAS, on April 27, 2021, the Board Operations Committee reviewed and unanimously recommended approval of the selection of and a new Agricultural Land Lease with Dig Deep Farms at Ardenwood Historic Farm;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the selection of Dig Deep Farms, a social enterprise of The Alameda County Deputy Sheriffs’ Activities League, for an Agricultural Lease at Ardenwood Historic Farm for an initial term of five years beginning June 1, 2021 with the possibility for two additional five-year terms at the Park District’s discretion with annual rent of $150/acre, rent will be offset by approved in-kind work; and

13 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 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

14 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Approval of the Recommendation for Contra Loma Food Concession Request for Proposal Response and New Agreement with Boondoggies, LLC: Contra Loma Regional Park (Margulici/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee, by unanimous vote at the April 27, 2021 meeting, recommend that the Board of Directors approve the recommendation for the selection of Boondoggies, LLC as concessionaire of the Contra Loma Food Concession for an initial term of two years beginning May 21, 2021 with a possible additional three-year term at the Park District’s discretion.

REVENUE/COST

The Park District can expect annually up to $1,800 (3% Concession Fee) and $4,200 (7% Concession Maintenance Fee). There will be no cost to the Park District for this action except for any unknown cost of maintenance or repairs to the property not covered by the concessionaire or the Concession Maintenance Fee.

BACKGROUND

Concession Background The seasonal food concession is just outside the Swim Complex at Contra Loma Regional Recreation Area located southeast of Antioch on Fredrickson’s Lane, approximately one mile from downtown Antioch, California. The lake's swim lagoon has a sandy beach with restrooms and shady picnic areas on a surrounding lawn. The park has 776 acres that include an 80-acre reservoir open throughout the year for boating and fishing.

The small concession has no oven or range, food items can only be reheated by microwave or rotisserie. Previous concessionaires offered food such as hot dogs, nachos, chili, sodas, slush drinks, sports drinks, ice cream, chips, and candy as well as picnic items such as charcoal, starter, condiments, plates and cups.

15 Request for Proposals (RFP) This Request for Proposals (RFP) was issued in response to the one-year notice of termination from the previous concessionaire, just before COVID-19 Shelter-in-Place. The Park District issued this current RFP on October 26, 2020.

To offer open competition to the public, the RFP was posted in the local newspapers under Legal Ads, on the Park District’s website, social media, and on a government RFP advertising website. The RFP was also sent directly to three similar businesses and posted with the Antioch Chamber of Commerce. These various postings resulted in five responses to attend the site visit and in three submittals.

Park District staff reviewed the proposals and conducted a formal interview process to determine how each proposer would best accomplish the defined expectations listed in the RFP and meet the Park District’s concessionaire agreement requirements. After consideration of the proposals and interviews along with a formal scoring process, it was determined that Boondoggies, LLC best met the Park District’s criteria. Therefore, Boondoggies, LLC is being recommended by Park District staff for the Board’s consideration.

Boondoggies, LLC. Boondoggies is owned by Vivian Treff and Neriah Treff and has been in business in the local area for three years beginning with a mobile food facility, a hot dog cart. As their business has grown, they acquired an additional mobile food facility and increased their catering with additional staffing. Boondoggies currently provides concessions at the City of Brentwood Sunset Park Athletic Complex. Boondoggies increased sales at the Complex with improvement of the overall quality of menu items available, and provided fast friendly service. In 2020, COVID-19 restrictions ceased operations at the Complex and Boondoggies switched their focus over to their mobile food facilities. Boondoggies was able to stay in business and remain viable.

Most notable about the proposal was its clear enthusiasm for the concession and service to the community. Boondoggies is committed to using an adaptive business approach and being flexible with menu items to align with customer needs. Boondoggies also uses modern marketing practices such as Facebook and Twitter. More information about Boondoggies can be found on their website at www.boondoggies.com.

Park District staff recommends that the Board Operations Committee approve and recommend to the full Board the selection of Boondoggies, LLC as concessionaire of the Contra Loma Food Concession for an initial term beginning May 19, 2021 and ending December 31, 2022 with a possible additional three-year term at the Park District’s discretion.

ALTERNATIVES

None recommended.

16 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

APPROVAL OF THE RECOMMENDATION FOR CONTRA LOMA FOOD CONCESSION REQUEST FOR PROPOSAL RESPONSE AND NEW AGREEMENT WITH BOONDOGGIES, LLC: CONTRA LOMA REGIONAL PARK

WHEREAS, the Contra Loma Food Concession is a seasonal snack bar offering food, beverage, and picnic items for the benefit of park users; and

WHEREAS, the previous Concessionaire gave one-years’ notice of termination in December 2019 but did not open in 2020 due to Covid restrictions; in response, the Park District issued a Request For Proposals (RFP) on October 26, 2020; and

WHEREAS, to offer open competition to the public, the RFP was posted in the local newspapers under Legal Ads, on the Park District’s website, on a government RFP advertising website, sent directly to three similar businesses, posted with the Antioch Chamber of Commerce, and posted on the Park District’s social media, and resulted in three proposals; and

WHEREAS, it was determined through consideration of the proposals and interviews that Boondoggies, LLC met the Park District’s criteria and demonstrated a clear enthusiasm for the concession, service to the community, use of adaptive business approach and menu flexibility; and

WHEREAS, on April 27, 2021, the Board Operations Committee reviewed and unanimously recommended approval of the selection of and a new concession agreement with Boondoggies, LLC by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the selection of Boondoggies, LLC as concessionaire of the Contra Loma Food Concession for an initial term beginning May 19, 2021 and ending December 31, 2022 with the possibility for one three-year term at the Park Districts discretion with annual revenue up to $1,800 (3% Concession Fee) and $4,200 (7% Concession Maintenance Fee.);

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 18th day of May, 2021, by the following vote:

FOR:

17 AGAINST: ABSTAIN: ABSENT:

18 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Execute a Contract with “LEHR” to Purchase Police Vehicle Set-ups: Public Safety Division (Cotcher/Ciaburro)

RECOMMENDATION

The General Manager recommends the Board of Directors authorize a contract with LEHR to set up police vehicles, which includes emergency equipment, lights, sirens, secured storage, and officer protection for an initial term of three years beginning June 1, 2021, with a mutual option to extend the term of the contract for two one-year periods.

REVENUE/COST

Funding for the first year of this contract, 2021, is contained within the General Fund budget Account No. 101-8120-000-7505; subsequent funds to set up future police vehicles will be requested through the annual budgeting processes.

SOURCE OF FUNDS Public Safety Support Services (101-8120-000-7505) $168,500 AVAILABLE $168,500

USE OF FUNDS 2021 Police Vehicle Set-Ups $168,500 TOTAL $168,500

BACKGROUND

Request for Proposals (RFP) A formal RFP was initiated in April 2021 by Police Department staff, in cooperation with the Park District’s Fleet Manager, that described the vehicle set-up needs of the Department and was posted on the Park District’s website to attract multiple interested contractors. The RFP resulted in one proposal submittals from LEHR.

Park District staff reviewed the proposal and conducted a formal review process to determine that LEHR would best accomplish the vehicle set-ups. After consideration and review of the

19 proposal, Park District staff determined that LEHR met and exceeded the Park District’s criteria, specifically related to cost and efficiency. Therefore, Park District staff recommends the vendor LEHR’s for the Board’s consideration.

LEHR In the recent past, LEHR has been used by the Park District for both police and fire vehicle set- ups. LEHR's vehicle set-ups are professional and thorough, making it easier for Park District staff to prolong the vehicle's life span. Continuing to use the same vendor for this function maintains continuity across the fleet.

LEHR is a local vendor in Pittsburg, California, that provides emergency vehicle set-ups. Once a police vehicle is purchased, LEHR sources all specific emergency vehicle equipment and wiring and then installs it. This equipment includes emergency lights, sirens, vehicle barriers, secure weapon and equipment storage, and ballistic armor for officer protection. LEHR installs and integrates Park District sourced radios and computers.

Emergency vehicle set-up for the new police fleet vehicles is necessary because vehicles purchased from manufactures do not include the required and mandated equipment for our employees to perform their duties.

ALTERNATIVES

None are recommended.

20 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

AUTHORIZATION TO EXECUTE A CONTRACT WITH “LEHR” TO PURCHASE POLICE VEHICLE SET-UPS: PUBLIC SAFETY DIVISION

WHEREAS, the East Bay Regional Park District Police Department staff responsible for the fleet created a Request for Proposals for Police Vehicle Outfitting and received one proposal. Based on thorough evaluation of the proposal, LEHR was selected for its proven history of excellent police vehicle set-up, including for the Park District’s police fleet; and

WHEREAS, it was determined through consideration and review of the proposal that LEHR not only met the Park District’s criteria, but also exceeded the criteria in several areas, including cost and efficiency; and

WHEREAS, LEHR has been a trusted contractor for the Park District for many years, and have consistently provided an exceptional level of customer service and satisfaction; and

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 LEHR to set-up police vehicles that is funded from 101-8120-000-7505 for a cost not to exceed $168,500 in 2021, 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 18th day of May, 2021 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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22 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Award a Construction Contract with IBS USA, Inc. for the Improve Facilities Project: Contra Loma Regional Park (Goorjian/Kelchner)

RECOMMENDATION

The General Manager recommends the Board of Directors authorize the award of a construction contract to IBS USA, Inc. of San Francisco, California, the lowest responsive responsible bidder for the Improve Facilities Project, including dock replacements at Contra Loma Regional Park.

REVENUE/COST

This action will authorize a new construction contract with IBS USA, Inc. in the amount of $338,000 for dock replacements. The existing budget for the Improve Facilities Project (No. 526600) includes grant funds from the Bureau of Reclamation (BOR) and the Wildlife Conservation Board (WCB).

SOURCE OF FUNDS Improve Facilities (No. 526600) $ 1,261,424 Encumbrances and Expenditures to Date (427,026) AVAILABLE BALANCE $ 834,398

USE OF FUNDS Construction Contract with IBS USA, Inc. $ 338,000 Construction Contingency 50,700 Other costs (including project management, permits and contingency) 60,000 REMAINING BALANCE $ 385,698

BACKGROUND

Contra Loma Reservoir in Contra Loma Regional Park was created in 1967 with the construction of the Contra Loma Dam by the Bureau of Reclamation as part of the Central Valley Project. The

23 waters of Contra Loma Lake are maintained by the Contra Costa Water District. The surrounding lands owned by the U.S. Bureau of Reclamation are managed by the Park District. At fifty-four years old, many of the existing facilities have reached the end of their lifecycle and do not meet accessibility standards.

For efficiency and to accommodate regulatory permit requirements, staff has recommended dividing the project into two phases: in-water and upland facilities improvements. The in-water facilities improvements, which are the subject of this current Board action include the replacement of two (2) fishing docks. The upland facility improvements, which will be advanced in a separate construction phase, include installing two (2) accessible vault toilet buildings, improving ADA access, and providing two (2) ADA picnic areas. The total cost for constructing the upland portion of the project is to be determined and may require additional funding. BOR provided $487,500 which required a 1:1 match from the District and WCB provided $250,000 in grant funding in support of this project.

District staff is prepared to commence with the in-water portion of work for this project, which includes replacing, removing and disposing two (2) existing floating timber fishing docks with two (2) new aluminum docks.

The Park District advertised the construction contract on March 25, 2021 with bids due April 23, 2021. The project was advertised in 13 plan rooms in addition to advertising in the Daily Pacific Builder and on BPXpress. Six bids were submitted and IBS USA, Inc. with a bid amount of $338,000 was the lowest responsive bidder. The engineer’s estimate was $400,000. Staff has thoroughly reviewed the bid and recommends accepting it and moving forward with construction.

The basis for determination of the low bid for this project is the aggregate amount of the bidder’s base bid:

NAME OF BIDDER TOTAL BASE BID 1. IBS USA, Inc. $ 338,000 2. Valentine Corporation $ 433,369 3. Sweetwater Construction, Inc. $ 450,000 4. Power Engineering Construction Co. $ 452,900 5. Lind Marine, Inc. $ 460,000 6. Vortex Marine Construction, Inc. $ 532,500 ENGINEER’S ESTIMATE $ 400,000

CALIFORNIA ENVIRONMENTAL QUALITY ACT

A Notice of Exemption was filed on August 29, 2018 in Contra Costa County to address the Memorandum of Understanding between the California Department of Fish and Wildlife and the

24 East Bay Regional Park District (MOU) for notification and routine maintenance activities in Park District watersheds subject to Fish and Wildlife Code Section 1601. This MOU, which is still in place, covers the proposed repair and maintenance projects identified in the Contra Loma Fishing Docks and Restrooms Replacement Project; therefore, the CEQA requirements for the project have been met. The District will file the individual project report as required under the conditions of the MOU.

ALTERNATIVES

No alternatives are recommended.

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26 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 –

May 18, 2021

AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT WITH IBS USA, INC. FOR THE IMPROVE FACILITIES PROJECT: CONTRA LOMA REGIONAL PARK

WHEREAS, the facilities in Contra Loma Regional Park were constructed in 1967 by the Bureau of Reclamation (BOR), and many of the existing facilities have reached the end of their lifecycle and do not meet accessibility standards; and

WHEREAS, the East Bay Regional Park District (Park District) has an agreement with BOR to operate and maintain the facilities at Contra Loma Regional Park; and

WHEREAS, for efficiency and to accommodate regulatory permit requirements, the project was divided into two phases; and

WHEREAS, the Park District desires to commence with the in-water facilities improvements phase, which includes the replacement of two (2) fishing docks; and

WHEREAS, the Park District has developed construction documents for the in-water facilities improvements phase; and

WHEREAS, the Park District issued those documents for public bidding beginning on March 25, 2021 and receiving bids on April 23, 2021; and

WHEREAS, six (6) bids were received by the bid deadline and IBS USA, Inc. was the lowest responsive and responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a construction contract with IBS USA, Inc. in the amount of $338,000 and a construction contingency of $50,700 to be funded out of the Improve Facilities Project (No. 526600); and

BE IT FURTHER RESOLVED, that the General Manager, or her designee, 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.

27 Moved by , and seconded by , and adopted this 18th day of May 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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30 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Extend a Contract with AppleOne for Temporary, Professional Staffing Services: Legal/Risk Division (Balmes/Victor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorizes an extension to a contract with AppleOne of Pleasanton, California, in the amount not to exceed $100,000, for temporary, professional staffing services at the management analyst level for the Legal/Risk Division to continue to support the development and implementation of Park District-wide safety programs and policies.

REVENUE/COST

The cost to extend the contract with AppleOne will not exceed $100,000. Funding is available in the Risk Management budget, Account No. 555-2130-000-6191.

BACKGROUND

A major Park District initiative for 2021 is to perform a comprehensive review of the Park District’s worker safety programs. Currently, the Legal/Risk Division does not have adequate staffing available to support this initiative. In late January 2021, the Legal/Risk Division retained the services of a temporary management analyst from AppleOne to provide support for various safety programs and initiatives in the amount of $45,000. The temporary management analyst has been an integral part of moving key safety initiatives forward by providing direct support and analysis for the development of safety programs and policies, the new Employee Safety & Services Portal, as well as the forthcoming Park District-wide Safety SharePoint Site.

Staff recommends that the Board authorize an extension to the contract with AppleOne in an amount not to exceed an additional $100,000 to continue providing temporary, professional services at the management analyst level for the Legal/Risk Division as the Park District continues to work through safety program and policy updates required by law. The contract term will be extended approximately through December 31, 2021.

31 This item was scheduled to come forward at the last Board meeting on May 4, 2021 but was pulled from the agenda in order to provide an opportunity for District Counsel to meet with AFSCME Local 2428 to discuss their concerns. The parties were not able to meet prior to the Board packet being published but will meet before the Board meeting.

ALTERNATIVES

No other alternatives are recommended. The workplace safety programs to be updated are federally and State-mandated requirements and the Park District is required to implement the appropriate policies and programs to ensure compliance.

32 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 –

May 18, 2021

AUTHORIZATION TO EXTEND A CONTRACT WITH APPLEONE FOR TEMPORARY, PROFESSIONAL STAFF SERVICES: LEGAL/RISK DIVISION

WHEREAS, the East Bay Regional Park District desires to update the Safety Manual (or the Cal/OSHA-mandated Injury and Illness Prevention Program) and other state-mandated safety programs and policies, which will require additional staffing resources and analysis; and

WHEREAS, the Legal/Risk Division currently does not have adequate staff to support the immediate need to address safety challenges and update safety programs in a timely manner; and

WHEREAS, AppleOne of Pleasanton, California, has a current global conditions of service agreement with the Human Resources Division and has the professional, temporary staffing resources to assist with the current needs of the Legal/Risk Division to prioritize the update and revision of safety programs and develop employee safety resources; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes extending a contract with AppleOne, in the additional amount not to exceed $100,000, for temporary, professional staffing services; and

Moved by Director , seconded by Director , and adopted this 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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34 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Execute a Professional Services Contract with EKI Environment & Water, Inc. for Stormwater Management and Technical Assistance for North Point Isabel: McLaughlin Eastshore State Park Regional Shoreline (Graul/Kelchner)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize executing a professional services contract with EKI Environment & Water, Inc. of Burlingame, California (EKI) for stormwater management and technical assistance for North Point Isabel at the McLaughlin Eastshore State Park Regional Shoreline for services through October 1, 2022.

REVENUE/COST

This action authorizes a contract for an amount not to exceed $170,000. Funding for this contract will come from the Restore and Stabilize Area Project (No. 518200).

SOURCE OF FUNDS Restore and Stabilize Area (No. 518200) $ 1,365,000 Expenditures and Encumbrances to Date (1,149,939) AVAILABLE BALANCE $ 215,061

USE OF FUNDS Proposed Contract with EKI, Inc. $170,000 TOTAL REMAINING FUNDS $ 45,061

BACKGROUND

Prior to Point Isabel becoming a popular regional shoreline park destination, it was known as “Battery Point” because large volumes of battery casings were buried on the site during private ownership from the 1950s to the late 1960s. As a result, the site was subject to a Cleanup and Abatement Order (CAO No. 84-006), issued in August 1984 by the San Francisco Bay Regional Water Quality Control Board (Water Board) and remediated by the then-owner, Santa Fe Land

35 Improvement Company.

The Point Isabel shoreline underwent an intensive cleanup and clay-capping operation in the 1980s when it was still privately owned. That cleanup and capping effort was conducted under the oversight of the Water Board.

The Park District took over management of Point Isabel in 1998, after the area was established as a State Park. Point Isabel operations continue to be subject to oversight by regulatory and health agencies to protect the public and San Francisco Bay from lead exposure. These on-going monitoring and reporting requirements for the site are set forth in a Remediation and Risk Management Plan (RRMP), dated May 18, 1998 per Water Board Order (No. 98-072).

In early 2018, annual monitoring and soil testing as required by the RRMP detected lead in specific, localized areas around the perimeter of north Point Isabel. In April 2018, the Water Board issued a Technical Report Requirement Order to the Park District requiring additional site characterization, risk assessment, immediate remediation, an alternatives analysis report, and a revised long-term maintenance and monitoring plan. To meet these regulatory requirements, the Park District’s Legal department initiated a sole source contract with EKI to assist with responding to the Water Board’s technical report request and a subsequent contract in June 2019 to manage the stormwater on site including development of a Stormwater Pollution Prevention Plan (SWPPP), catchment basin cleaning, installation of erosion control measures, and monitoring. The Park District will continue to manage stormwater on-site until a future long- term remediation is completed.

It is recommended that this contract be executed on a sole source basis due to EKI’s extensive knowledge of the site, technical expertise, and continuation of services already in place. This contract would provide stormwater management and monitoring to October 1, 2022 and technical assistance on development of a future remediation plan for the site.

ALTERNATIVES

No alternatives are recommended.

36 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH EKI ENVIRONMENT & WATER, INC. FOR STORMWATER MANAGEMENT AND TECHNICAL ASSISTANCE FOR NORTH POINT ISABEL: MCLAUGHLIN EASTSHORE STATE PARK REGIONAL SHORELINE

WHEREAS, prior to Point Isabel becoming a popular regional shoreline park destination, large volumes of battery casings were buried at the site during private ownership from the 1950s through the late 1960s; and

WHEREAS, the area underwent extensive clean-up and capping operations in the 1980’s before the land was acquired by the State of California and the East Bay Regional Park District took over management of Point Isabel in 1998; and

WHEREAS, in 2018 monitoring detected lead in specific, localized areas around the perimeter of north Point Isabel; and

WHEREAS, the San Francisco Bay Regional Water Quality Control Board issued a Technical Order requiring implementation of site controls, assessment of the existing landfill cap, stormwater management, and development of a remediation plan for North Point Isabel; and

WHEREAS, the Park District has initiated the design for restoration of the landfill cap and anticipates repair staring in fall of 2022 and stormwater management is required until the cap is restored; and

WHEREAS, the Park District wants to maintain compliance with state and federal stormwater requirements; and

WHEREAS, the District previously utilized the services of EKI Environment & Water, Inc. of Burlingame, California (EKI) to provide implementation of site controls and to assess the existing landfill cap at Point Isabel under a contract; and

WHEREAS, such expertise and site-specific knowledge make it more efficient and effective for EKI to implement stormwater controls and provide technical assistance on future remediation options; and

WHEREAS, there is currently sufficient funding for the contract to implement the necessary stormwater and site management activities for North Point Isabel in the Restore and Stabilize Area Project No. 518200;

37 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a sole-source contract with EKI Environment & Water, Inc. of Burlingame, California in the amount of $170,000 to provide stormwater management services and technical assistance during the evaluation of remediation options for the Point Isabel landfill site at McLaughlin Eastshore State Park to October 1, 2022; and

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

Moved by Director , seconded by Director , and approved this 18th day of May 2021 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

38 PROFESSIONAL SERVICES CONTRACT FOR EKI ENVIRONMENT & WATER, INC. North Point Isabel at McLaughlin Eastshore State Park East Bay Feet Regional Park District [ 0 1,000 Montgomery PointMariposa IsabelMerced Regional Shoreline

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Judge John Sutter O:\GIS\CMcKaskey\Projects_2019\ASD\Stewardship\0_BoardMaps\PI_EKI\PI_EKIcontract.mxd Date: 5/24/2019 39 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Page Left Blank Intentionally

40 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Purchase Safety Equipment from L.N. Curtis & Sons: Public Safety Division (Theile/Ciaburro)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize spending of up to $87,933 in 2021 to purchase safety items for the Fire Department. Board Operating Guidelines require Board authorization for annual spending over $50,000 with a single vendor.

REVENUE/COST

The funds to cover the costs associated with this action are included in the General Fund budget.

SOURCE OF FUNDS Account 101-8310-000-5113 General Fund-Fire Operations-District Wide -Personal Protective Equipment $ 31,872 Account 101-8310-000-5371 General Fund-Fire Operations-District Wide -Small Tools/Equip/Furn(non asset) $ 56,054 Account 101-8310-000-5111 General Fund-Fire Operations-District Wide -Safety Supplies/Equipment $ 57,524 Amount Available $145,451

USE OF FUNDS Vehicle Extrication Tools $ 38,967 Replacement of Expired Protection Equipment $ 38,400 Miscellaneous Safety Equipment, Tools, and Personal Protection Equipment $ 10,000

REMAINING BALANCE $58,083

41 BACKGROUND

In 2021, the Fire Department received a grant through the Regional Parks Foundation in the amount of $40,064.00 to purchase safety equipment. These funds will be used to purchase three vehicle extrication tools. The Fire Department will also be replacing personal protection equipment which has reached the end of the period in which the manufacturer guarantees its safe use. Other specific, required, and mandated equipment, unavailable from other vendors, for our employees to perform their daily duties will also be purchased.

L.N. Curtis is a local vendor in Oakland that provides custom specifications for the District’s Fire Department’s structure gear and is the only California distributor of the Hurst vehicle extraction tools which match the existing equipment currently utilized by the Fire Department. L.N. Curtis is also the only California distributor of other specialized firefighting equipment and tools that meet the District’s Fire Department’s specifications.

Sole source approval was sought and granted by District Counsel for these purchases in 2021.

ALTERNATIVES

No alternatives are recommended.

42 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 –

May 18, 2021

AUTHORIZATION TO PURCHASE SAFETY EQUIPMENT FROM L.N. CURTIS & SONS: PUBLIC SAFETY DIVISION

WHEREAS, the East Bay Regional Park District Fire Department utilizes the local vendor L.N. Curtis for the purchase of safety gear and equipment; and

WHEREAS, the District’s Board Operating Guidelines require Board approval for annual spending greater than $50,000 with a single vendor; and

WHEREAS, the District’s legal counsel has reviewed this vendor determined it to be a sole source vendor; and

WHEREAS, the Fire Department has funds available in its general fund budget for this purpose;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes and approves the spending of up to $87,933 with L.N. Curtis for safety gear and equipment in 2021 from the existing Fire Department budget; 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 18th day of May, 2021 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

43 Page Left Blank Intentionally

44 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Purchase Three Greenworks U800 All-Electric Utility Vehicles from Turf & Industrial Equipment for Vehicle Replacement and as Additions to the Fleet (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of three Greenworks U800 all-electric utility vehicles from Turf & Industrial Equipment of Santa Clara, California at a total cost of $79,692 for vehicle replacement and as additions to the fleet.

REVENUE/COST

For the purpose of purchasing replacement and additional fleet vehicles, funds have been allocated in the East Bay Regional Park District’s (Park District) 2021 Budget. Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000), Crown Beach Account 101-5151-409-7505 (Rolling Stock >$25,000), and Lake Chabot Account 101-5141-216-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE, Account 101-5933-000-7505: Base Price $ 37,004.00 Sales Tax 3,238.00 Total Encumbrance $ 40,242.00

PROPOSED ENCUMBRANCE, Account 101-5151-409-7505: Base Price $ 22,943.00 Sales Tax 2,007.00 Total Encumbrance $ 24,950.00

PROPOSED ENCUMBRANCE, Account 101-5141-216-7505: Base Price $ 13,333.00 Sales Tax 1,167.00 Total Encumbrance $ 14,500.00 TOTAL ENCUMBRANCE:

45 Base Price $ 73,280.00 Sales Tax 6,412.00 Total Encumbrance $ 79,692.00

BACKGROUND

One new Greenworks U800 all-electric utility vehicle will replace a gas-powered Park District vehicle assigned to Point Pinole which is being retired due to age and declining condition.

Department Eq # Year Description (Current / New) POINT PINOLE 876 2010 ATV, CLUB CAR VILLAGER 8 (GAS) New Vehicle Description GREENWORKS U800 ALL-ELECTRIC UTV

Two new Greenworks U800 all-electric utility vehicles will be additions to the fleet assigned to Crown Beach and Lake Chabot as per approved 2021 Budget Requests.

CROWN BEACH New Vehicle Description GREENWORKS U800 ALL-ELECTRIC UTV LAKE CHABOT New Vehicle Description GREENWORKS U800 ALL-ELECTRIC UTV

These all-electric utility vehicles are being recommended as part of the ongoing fleet greening initiative to use alternative fueled vehicles wherever and whenever possible and appropriate.

These three new Greenworks U800 all-electric utility vehicles are available for purchase directly from Turf & Industrial Equipment of Santa Clara, California by means of informal bid. Three bids were solicited and received.

NAME OF BIDDER ITEM BID AMOUNT Turf & Industrial Equipment Greenworks U800 all-electric utility vehicle $23,600 ea

Pace Inc. Greenworks U800 all-electric utility vehicle $24,930 ea

Cart Mart Greenworks U800 all-electric utility vehicle $28,519 ea

Bid amounts do not include tax, dealer preparation, or delivery.

ALTERNATIVES None are recommended.

46 47 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

AUTHORIZATION TO PURCHASE THREE GREENWORKS U800 ALL-ELECTRIC UTILITY VEHICLES FROM TURF & INDUSTRIAL EQUIPMENT FOR VEHICLE REPLACEMENT AND AS ADDITIONS TO THE FLEET

WHEREAS, the East Bay Regional Park District (Park District) has included funding in its 2021 Budget for the purchase of new rolling stock; and

WHEREAS, the Park District has the need to purchase green vehicles consistent with the Park District’s fleet greening initiative; and

WHEREAS, the Park District has the need to replace one gas powered vehicle which is being retired due to age and declining condition; and

WHEREAS, the Park District has the need to purchase two new vehicles as additions to the fleet assigned to Crown Beach and Lake Chabot as per approved 2021 Budget Requests; and

WHEREAS, Turf & Industrial Equipment of Santa Clara, California is a recognized vendor offering suitable vehicles based on the results of an informal bid process and is the lowest responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of three Greenworks U800 all-electric utility vehicles for a total cost of $79,692, with said sum to be encumbered from the 2021 Budget, $40,242 from Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000), $24,950 from Crown Beach Account 101-5151-409-7505 (Rolling Stock >$25,000), and $14,500 from Lake Chabot Account 101-5141-216-7505 (Rolling Stock >$25,000); and

Moved by Director , seconded by Director , and adopted this 18th day of May 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

48 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Purchase Eight Ford Pick-up Trucks from Downtown Ford Sales for Vehicle Replacements and as an Addition to the Fleet (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of eight Ford pick-up trucks from Downtown Ford Sales of Sacramento, California at a total cost of $281,986 for vehicle replacements and as an addition to the fleet.

REVENUE/COST

For the purpose of purchasing replacement and additional fleet vehicles, funds have been allocated in the East Bay Regional Park District’s (Park District) 2021 Budget, Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000) and Public Safety Account 101-8120-000-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE, Account 101-5933-000-7505: Base Price for seven vehicles $ 228,786.00 Fees & Delivery 2,161.00 Sales Tax 20,019.00 Total Encumbrance $ 250,966.00

PROPOSED ENCUMBRANCE, Account 101-8120-000-7505: Base Price for one vehicle $ 28,240.00 Fees & Delivery 309.00 Sales Tax 2,471.00 Total Encumbrance $ 31,020.00

TOTAL ENCUMBRANCE: Base Price $ 257,026.00 Fees & Delivery 2,470.00 Sales Tax 22,490.00 Total Encumbrance $ 281,986.00

49 BACKGROUND

Seven new Ford pick-up trucks will replace Park District vehicles which are being retired due to age, high mileage, and/or declining condition. Two of the new Ford pick-up trucks, Ford F-150 Special Service Vehicles (SSVs) designed for police use, will have Hybrid engines and will be the first Hybrid powered pick-up trucks added to the Park District’s fleet. These two vehicles are being purchased as part of the ongoing fleet greening initiative to use alternative fueled vehicles wherever and whenever possible and appropriate.

Department Eq # Year Description (Current / New) PUBLIC SAFETY 158 2013 PKUP, RAM 1500 New Vehicle Description PKUP, FORD F150 SSV HYBRID PUBLIC SAFETY 304 2016 UTILITY, FORD PURSUIT New Vehicle Description PKUP, FORD F150 SSV HYBRID PUBLIC SAFETY 315 2017 UTILITY, FORD PURSUIT New Vehicle Description PKUP, FORD F150 SSV 5.0L PUBLIC SAFETY 316 2017 UTILITY, FORD PURSUIT New Vehicle Description PKUP, FORD F150 SSV 5.0L PUBLIC SAFETY 114 2014 SEDAN, CHEVROLET IMPALA New Vehicle Description PKUP, FORD RANGER 4WD CREW-CAB PUBLIC SAFETY 116 2014 SEDAN, CHEVROLET IMPALA New Vehicle Description PKUP, FORD RANGER 4WD CREW-CAB TEMESCAL 3067 2008 PKUP, CHEV COLORADO 2WD REG-CAB New Vehicle Description PKUP, FORD RANGER 2WD X-CAB

One new Ford Ranger pick-up truck will be an addition to the fleet assigned to Public Safety as per approved 2021 Budget Request.

PUBLIC SAFETY New Vehicle Description PKUP, FORD RANGER 4WD CREW-CAB

These eight new Ford pick-up trucks are available for purchase directly from Downtown Ford Sales of Sacramento, California by means of contract pricing established by the State of California, General Services Procurement Division, Contracts #1-18-23-20A. The pricing is the result of a competitive bid process and open to all state governmental entities and educational institutions. Public agencies electing to use this method of vehicle acquisition avoid the administrative costs of seeking formal bids.

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

50 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

AUTHORIZATION TO PURCHASE EIGHT FORD PICK-UP TRUCKS FROM DOWNTOWN FORD SALES FOR VEHICLE REPLACEMENTS AND AS AN ADDITION TO THE FLEET

WHEREAS, the East Bay Regional Park District (Park District) has included funding in its 2021 Budget for the purchase of new rolling stock; and

WHEREAS, the Park District has the need to replace seven vehicles which are being retired due to age, high mileage, and/or declining condition; and

WHEREAS, the Park District has the need to purchase one new vehicle as an addition to the fleet assigned to Public Safety as per approved 2021 Budget; and

WHEREAS, Downtown Ford Sales of Sacramento, California is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract #1-18-23-20A;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of eight Ford pick-up trucks for a total cost of $281,986, with said sum to be encumbered from the 2021 Budget, $250,966 from Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000), and $31,020 from Public Safety Account 101-8120-000-7505 (Rolling Stock >$25,000); and

Moved by Director , seconded by Director , and adopted this 18th day of May 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

51 Page Left Blank Intentionally

52 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Purchase Three Toro Dingo TX1000’s from Cal-Line Equipment Inc. as Additions to the Fleet (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of three Toro Dingo TX1000’s from Cal-Line Equipment Inc. of Livermore, California at a total cost of $155,255 as additions to the fleet.

REVENUE/COST

For the purpose of purchasing additional fleet equipment, funds have been allocated in the East Bay Regional Park District’s (Park District) 2021 Budget: Crockett Hills Account 101-5171-484- 7505 (Rolling Stock >$25,000), Miller Knox Account 101-5151-465-7505 (Rolling Stock >$25,000), and Wildcat Canyon Account 101-5121-178-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE 101-5171-484-7505: Base Price $ 48,822.00 Delivery 350.00 Sales Tax 4,272.00 Proposed Encumbrance $ 53,444.00

PROPOSED ENCUMBRANCE 101-5151-465-7505: Base Price $ 48,822.00 Delivery 350.00 Sales Tax 4,272.00 Proposed Encumbrance $ 53,444.00

PROPOSED ENCUMBRANCE 101-5121-178-7505: Base Price $ 44,153.00 Delivery 350.00 Sales Tax 3,864.00 Proposed Encumbrance $ 48,367.00

53 TOTAL ENCUMBRANCE: Base Price $ 141,797.00 Delivery 1,050.00 Sales Tax 12,408.00 Proposed Total Encumbrance $ 155,255.00

BACKGROUND

Three new Toro Dingo TX1000’s will be additions to the fleet assigned to Crockett Hills, Miller Knox, and Wildcat Canyon as approved in the 2021 Budget. These will be used to maintain park areas as a result of the Park District’s adopted policy to phase-out the use of glyphosate in developed areas.

These Toro Dingo TX1000’s are available for purchase directly from Cal-Line Equipment Inc. of Livermore, California, by means of Sourcewell Contract #042815-TTC. The contract pricing is the result of a competitive bid process and open to all federal, state, and local governmental entities. Public agencies electing to use this method of equipment acquisition avoid the administrative costs of seeking formal bids.

ALTERNATIVES

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

54 55 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 - 05 -

May 18, 2021

AUTHORIZATION TO PURCHASE THREE TORO DINGO TX1000’S FROM CAL-LINE EQUIPMENT INC. AS ADDITIONS TO THE FLEET

WHEREAS, the East Bay Regional Park District (Park District) has included funding in its proposed 2021 Budget for the purchase of new equipment; and

WHEREAS, The East Bay Regional Park District has adopted a policy to Phase-Out Glyphosate Use for the Maintenance of Developed Park Areas; and

WHEREAS, the Park District has the need to purchase three Toro Dingo TX1000’s as additions to the fleet assigned to Crockett Hills, Miller Knox, and Wildcat Canyon as per approved 2021 Budget Requests; and

WHEREAS, Cal-Line Equipment Inc. of Livermore, California is a recognized vendor offering suitable equipment based on the results of competitively bid pricing through Sourcewell Contract #042815-TTC.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of three Toro Dingo TX1000’s for a total cost of $155,255, with said sum to be encumbered from the 2021 Budget, $53,444 from Crockett Hills Account 101-5171-484-7505 (Rolling Stock >$25,000), $53,444 from Miller Knox Account 101-5151-465-7505 (Rolling Stock >$25,000), and $48,367 from Wildcat Canyon Account 101- 5121-178-7505 (Rolling Stock >$25,000); and

Moved by Director , seconded by Director , and adopted this 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

56 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

L. Authorization to Apply for Federal Grant Funds through the California Coastal Conservancy from the National Coastal Wetlands Conservation Grant for the Coyote Hills Restoration and Public Access Project: Coyote Hills Regional Park (Hornbeck/Barton/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an application for federal grant funds from the US Fish and Wildlife Service through the California Coastal Conservancy for the Coyote Hills Restoration and Public Access Project.

REVENUE/COST

This action proposes submission of a grant application for approximately $1,000,000. When completed, this project will increase the long-term operational cost of the Park District.

BACKGROUND

Only by working through the California Coastal Conservancy is the Park District eligible to apply to the US Fish and Wildlife Service for these federal funds through the National Coastal Wetlands Conservation (NCWC) grant program. The NCWC grant program’s goal is to acquire, restore, and enhance wetlands in coastal areas through competitive matching grants to state agencies.

The Coyote Hills Restoration and Public Access Project will improve 306 acres between the existing eastern park boundary and Paseo Padre Parkway for habitat restoration, public access and urban agriculture. The restoration includes wetland, riparian canopy, and wet meadow expansion and enhancement, vegetation management to reduce invasive species, planting of native grasses and forbs, and mowing to increase foraging habitat.

ALTERNATIVES

No alternatives are recommended.

57 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

AUTHORIZATION TO APPLY FOR FEDERAL GRANT FUNDS THROUGH THE CALIFORNIA COASTAL CONSERVANCY FROM THE NATIONAL COASTAL WETLANDS CONSERVATION GRANT FOR THE COYOTE HILLS RESTORATION AND PUBLIC ACCESS PROJECT: COYOTE HILLS REGIONAL PARK

WHEREAS, the National Coastal Wetlands Conservation Grant Program provides funds to acquire, restore, and enhance wetlands in coastal states through competitive matching grants from the US Fish and Wildlife Service to state agencies; and

WHEREAS, the California Coastal Conservancy, a state agency, will submit an approximately $1,000,000 application on behalf of the Park District for the Coyote Hills Restoration and Public Access Project; and

WHEREAS, the California State Coastal Conservancy has been delegated the responsibility of project administration and requires the applicant to certify by resolution approval of an application before submission of said application to the State; and

WHEREAS, said application contains assurances and certifications that the applicant must comply with in order to enter into an agreement with the California State Coastal Conservancy;

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

1. Approves the filing of an application with the California State Coastal Conservancy; and

2. Certifies that said applicant understands the assurances and certification; and

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

4. Appoints the General Manager or Assistant General Manager of Finance and Management Services as agent of the East Bay Regional Park District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendment, payment requests and so on, which may be necessary for the completion of the aforementioned project; and

BE IT FURTHER RESOLVED, that the Assistant General Manager of Finance and Management Services\CFO or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action, upon receipt of executed grant contracts from the Grants

58 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.

Moved by Director , seconded by Director , and approved this 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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60 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic) (Zones of Benefit) (Spaulding/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Adopt a Resolution of Intention to Order Improvements;

2. Grant preliminary approval of the draft Engineer's Report for the proposed operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including the following Zones of Benefit (ZB): ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic) for fiscal year 2021/2022 (7/1/2021 - 6/30/2022;

3. Establish Tuesday, the 6th day of July, 2021, at the hour of 1:00 p.m. as the time to conduct a public hearing which will be held via teleconference pursuant to Governor Newsom’s Executive Order N-29-20, and the instruct the Clerk of the Board to provide appropriate public notice of the hearing, as required by the Landscaping and Lighting Act of 1972.

REVENUE/COST

In total, assessment revenues of $4,662,319 are expected to be raised from the Two County LLD and the Zones of Benefit. These revenues are anticipated in the 2021 and 2022 District budgets and are restricted to fund regional trail maintenance and improvements as specified in the attached draft Engineer’s Report. The Adopted 2021 Budget in these funds totaled $4,995,457. BACKGROUND

61 The District’s regional trail system enjoys widespread citizen appreciation and support throughout the two county jurisdiction. Various funding sources are available for the acquisition of regional trails. However, the maintenance and operations of regional trails is funded almost entirely through property assessments and the General Fund.

In 1993, the Board of Directors formed the Alameda County/Contra Costa County Landscaping and Lighting District (Two County LLD). It was determined that the formation of this special assessment district would provide an equitable funding source to finance the cost of the regional trails within the Two County LLD by the property owners within the Two County LLD boundaries.

The Two County LLD was formed prior to the passage of Proposition 218, and is considered a “grandfathered assessment.” In 1996, 78.6% of voters in the two counties reaffirmed the continuation of the Two County LLD, as required by Proposition 218.

The assessment rate of $5.44 per equivalent dwelling unit was authorized and has remained unchanged over the years. Currently there are 366,886 residential, industrial and commercial assessable parcels in Alameda County and 299,436 in Contra Costa County. Additionally, there are 213,777 assessable multi-family residential parcels in Alameda County and 80,193 in Contra Costa County, which are assessed at $2.72 per unit.

Subsequent to the formation of, and within the boundaries of the Two County LLD, Zones of Benefit were developed to address specific trail maintenance priorities for certain development projects, including the following:

• Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994 and currently includes 1,089 units, which are assessed $51.42 each.

• Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996 and currently includes 662 units, which are assessed $37.22 each.

• Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in 1998 and currently includes 693 units, which are assessed $165.96 each.

• San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established in 1999 and currently includes 140 units, which are assessed $46.52 each.

• Stone Valley Zone of Benefit (ZB-5), near Las Trampas Regional Wilderness Area, was established in 2006 and currently includes 39 units, which are assessed $193.62 each.

• Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the City of Orinda, was established in 2007 and currently includes 245 units, which are assessed $115.18 each.

The General Manager recommends that the Board gives preliminary approval to the draft Engineer’s Report. By taking the proposed actions recommended in this report, the Board will be establishing the date for the legally-required public hearing which, along with final approval of the fiscal year 2021-22 Engineer’s Report, will make it possible for the Two County LLD and the Zones of Benefit

62 to continue the trails and zone of benefit work programs in the 2021 and 2022 District budgets.

At the public hearing on July 6, 2021, the Board will receive public comments and thereafter determine whether the draft Engineer’s Report (work program, budget, and rate of assessment) is to be approved.

The requested Board action herein also provides instructions to the Clerk of the Board to publicize the details of the public hearing, in accordance with requirements established in the State statute.

ALTERNATIVES

None are recommended.

Attachment A: Draft 2021/22 Engineer’s Report for Alameda County – Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1)

63 Page Left Blank Intentionally

64 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. 2021 – 05 -

May 18, 2021

ADOPTION OF RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, GRANT PRELIMINARY APPROVAL OF DRAFT ENGINEER'S REPORT, ESTABLISH DATE FOR PUBLIC HEARING AND INSTRUCT THE CLERK OF THE BOARD TO PROVIDE APPROPRIATE PUBLIC NOTICE OF HEARING; ALAMEDA COUNTY/CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (TWO COUNTY LLD), INCLUDING ZB-1 (FIVE CANYONS), ZB-2 (DUBLIN HILLS), ZB-3 (WALPERT RIDGE), ZB-4 (SAN RAMON HILLS), ZB-5 (STONE VALLEY) AND ZB-6 (SIBLEY VOLCANIC) (ZONES OF BENEFIT)

WHEREAS, the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) was established by EBRPD Board action on June 1, 1993 and will complete its current fiscal year of operation on June 30, 2021; and

WHEREAS, the fiscal year 2020/2021 maintenance and operation program for Two County LLD and Zones of Benefit is being implemented; and

WHEREAS, operation and maintenance funds are required in fiscal year 2021/2022 for Two County LLD and Zones of Benefit to maintain parklands, open space, trails and related parkland access; and

WHEREAS, the Board of Directors of the East Bay Regional Park District desires to take the necessary steps, including the adoption of resolutions and the required public hearing, to continue operation of Two County LLD and Zones of Benefit in the fiscal year 2021/2022 (July 1, 2021 through June 30, 2022), in the manner set forth in the report presented this date; and

WHEREAS, on May 4, 2021 the Board of Directors approved the resolution initiating proceedings and ordering filing of the annual report for the Two County LLD and Zones of Benefit (Resolution No. 2021-05-119);

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby receives and preliminarily approves the draft 2021/22 Engineer's Report for the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB- 4 (San Ramon ills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic), which describes work to be performed in fiscal year 2021/2022, the budget for the fiscal year, the assessment roll and the proposed assessment rate; and

BE IT FURTHER RESOLVED that it is the intention of the Board of Directors to levy and collect assessments within Two County LLD and Zones of Benefit during fiscal year 2021/2022. The area of land to be assessed is all of the jurisdictional territory included within the boundaries of

65 Alameda County and Contra Costa County. The actions taken to levy and collect assessments are pursuant to the State of California Landscaping and Lighting Act of 1972, subsequent amendments and the provisions of State Proposition 218. The EBRPD improvements to be maintained and operated in Fiscal Year 2021/2022 in the assessment district are the District's regional trails, both within the District's parklands and connecting regional parks; and

BE IT FURTHER RESOLVED that the Board of Directors hereby sets Tuesday, July 6, 2021, at the hour of 1:00 p.m. as the date and time to conduct a public hearing which will be held via teleconference pursuant to Governor Newsom’s Executive Order N-29-20 and to determine the work program and the assessment rate for fiscal year 2021/2022; and

BE IT FURTHER RESOLVED that the Board of Directors hereby instructs the Clerk of the Board to proceed with and provide the legally-required public notice defining the purpose of the public hearing and the date and location of the hearing; and

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

Moved by Director , seconded by Director , and adopted this 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

66 Engineer’s Report for: Alameda County – Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1)

Fiscal Year 2021/22

Prepared by:

67 TABLE OF CONTENTS

Section 1. EXECUTIVE SUMMARY ...... 1

Section 2. PLANS AND SPECIFICATIONS ...... 2

Description of the District Boundaries ...... 2

Description of Areas to be Improved ...... 3

Description of Improvements ...... 3

Identification of Benefit ...... 4

Section 3. ESTIMATE OF COSTS ...... 5

Section 4. ASSESSMENT DIAGRAM ...... 12

Section 5. ASSESSMENTS ...... 13

Method of Apportionment ...... 13

Appeals of Assessment Levy to Property ...... 14

Assessment Roll ...... 15

68 SECTION 1. EXECUTIVE SUMMARY

On May 4, 2021, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the Alameda County – Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1 (the “District”). The Resolution of Initiation directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. The following assessment is made to cover the portion of the estimated cost of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT Fiscal Year 2021/22 Fiscal Year 2021/22 Proposed Maximum Zone Assessment Assessment ACC-1 (General Zone) $4,424,390.08 $4,424,390.08 Five Canyons Zone of Benefit (ZB-1) 55,996.38 55,996.38 Dublin Hills Zone of Benefit (ZB-2) 24,639.64 24,639.64 Walpert Ridge Zone of Benefit (ZB-3) 115,010.28 115,010.28 San Ramon Hills Zone of Benefit (ZB-4) 6,512.80 6,512.80 Stone Valley Zone of Benefit (ZB-5) 7,551.18 7,551.18 Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) 28,219.10 28,219.10 Totals: $4,662,319.46 $4,662,319.46

The assessment has been levied in accordance with the assessment methodology adopted and approved by the Board of Directors at the time of District formation. The District (as well as ZB-1 and ZB-2) was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Although this assessment is consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered assessments" and held them to a lower standard than post Proposition 218 assessments. As required by Proposition 218, the voters of Alameda and Contra Costa counties approved the continuation of the District in November of 1996 (Measure KK). This measure passed with 78.6% approval.

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 1

69 SECTION 2. PLANS AND SPECIFICATIONS

Description of the District Boundaries The District includes all of Alameda County and all of Contra Costa County. Murray Township in eastern Alameda County and Liberty Union High School District in eastern Contra Costa County are exempt from the assessment. Zones of Benefit 1, 2, and 3 lie within the District and Alameda County and Zones of Benefit 4, 5, and 6 lie within the District and Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District, are those parcels shown in the assessment roll for the District. Five Canyons Zone of Benefit (ZB-1): This zone was established in 1994 and includes the initial 960 unit residential development and 126 units were added in 1996 near the Don Castro Recreation Area in Alameda County. In 2006, an annexation called Highland Estates was completed, adding 25 additional units. There are currently 1,088 assessable parcels in ZB-1. Dublin Hills Zone of Benefit (ZB-2): This zone was established on April 16, 1996 to serve the local trails and regional park needs of these 320 parcels in Alameda County in the City of Dublin. In 2006, an annexation called Schaefer Ranch Estates was completed, adding 302 parcels. There are currently 662 assessable parcels in ZB-2. Walpert Ridge Zone of Benefit (ZB-3): This zone was established on July 7, 1998 to provide for servicing of regional parkland, habitat maintenance, irrigation, trails, fencing, gates, signs, and associated appurtenant facilities for 152 parcels, 136 of which are assessable, in the ridge land above the City of Hayward, Alameda County. In 2006, an annexation of the Stonebrae development was completed, adding 570 additional parcels. There are currently 693 assessable parcels in ZB-3. San Ramon Hills Zone of Benefit (ZB-4): This zone was established on March 2, 1999 to provide for servicing of trails, fencing, gates, signs, and associated appurtenant facilities for these 140 assessable parcels in a subdivision in the western portion of the City of San Ramon, Contra Costa County. Stone Valley Zone of Benefit (ZB-5): The zone was completed in 2006 for trail and regional parkland maintenance, and other improvements for the dedicated regional parkland from the Alamo Crest development off of Stone Valley Road within Alamo, Contra Costa County. There are 39 assessable parcels in ZB-5. Sibley Volcanic Regional Preservation Zone of Benefit (ZB-6): The formation of this zone was completed in early 2007 for funding of trail maintenance and other improvements to the dedicated regional parkland adjacent to the Montanera development off of Gateway Boulevard near the City of Orinda in Contra Costa County. There are 245 assessable parcels in ZB-6.

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 2

70 Description of Areas to be Improved The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows: Current and to be developed, paved and unpaved trails located within the District’s parklands, and regional trails as shown on the District’s current Master Plan map, as amended by the Board of Directors through the date of this report. The following projects will be funded with excess District funds: Five Canyons Zone of Benefit (ZB-1) $25,598 – Purchase Mower (estimated completion 2022) Dublin Hills Zone of Benefit (ZB-2) $9,000 – Purchase ATV (estimated completion 2022) $45,000 – Purchase Mower with Flail (estimated completion 2022) Walpert Ridge Zone of Benefit (ZB-3) $400,000 – Improve Restrooms, Trials, & Grazing Infrastructure (water main installed 2018, estimated completion 2021) $100,000 – Mieneke septic system improvements (estimated completion 2021) $121,792 – Improve Canyon Rim Trail (estimated completion 2022) Gateway Valley Sibley Zone of Benefit (ZB-6) $55,000 – Restore McCosker Creek (estimated completion 2021) $25,000 – Upgrade mini dumps (estimated completion 2022)

Description of Improvements The operations, maintenance, and servicing include, but are not limited to: trail maintenance, culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving/crack repair, restroom maintenance, sign maintenance, stair tread repair, tree/shrubbery trim and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance, and service include personnel, electrical energy, utilities such as water, materials, contractual services, administrative costs, and other items as necessary. Specific resources for the six Zones of Benefit, including operation, maintenance, and servicing of trails, regional parks, and supporting facilities are included within these improvements. The level of construction, operation, maintenance, and servicing will be consistent with the standards defined in the EBRPD Master Plan. All revenue requirements reflect the funding necessary to achieve an acceptable standard that ensures that facilities used by community residents will be appropriate in terms of

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 3

71 aesthetics, environmental, and safety considerations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.

Identification of Benefit This District provides for maintenance and operation, and related services and expenses, of the EBRPD trail system in Alameda and Contra Costa Counties. By definition, all of EBRPD's trails systems are a part of a regional two-county network; therefore, benefits are received equally by all property owners in Alameda and Contra Costa Counties. Thus, all areas in the two counties are included in the District. However, because the lands which are included in the Liberty Union High School District (eastern Contra Costa County) and Murray Township (eastern Alameda County) already contribute to regional trails operations by virtue of a separate assessment district or special, separate agreement with EBRPD, these areas are included in the District, but at a zero-assessment rate.

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 4

72 SECTION 3. ESTIMATE OF COSTS

The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for the General Zone of the District for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $1,027,991 Total Assessment FY 2021/22 4,424,390 County Collection Fees (279,517) Interest 42,541 Total Sources $5,215,405

Uses Maintenance Expenditures: Salaries and Benefits $4,690,515 Supplies 89,640 Services 140,270 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 23,500 Transfers Out 0 Total Uses $4,943,925 Projected Change in Fund Balance ($756,511) Projected Ending Fund Balance, December 31, 2021 $271,480

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 5

73 The budget for the Five Canyons Zone of Benefit (ZB-1) for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $53,648 Total Assessment FY 2021/22 55,996 County Collection Fees (952) Interest 2,790 Total Sources $111,482

Uses Maintenance Expenditures: Salaries and Benefits $68,097 Supplies 11,250 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 400 Transfers Out 0 Total Uses $79,747 Projected Change in Fund Balance ($21,913) Projected Ending Fund Balance, December 31, 2021 $31,735

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 6

74 The budget for the Dublin Hills Zone of Benefit (ZB-2) for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 202 $176,632 Total Assessment FY 2021/22 24,640 County Collection Fees (419) Interest 1,349 Total Sources $202,202

Uses Maintenance Expenditures: Salaries and Benefits $7,690 Supplies 2,100 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 54,000 Total Uses $63,790 Projected Change in Fund Balance ($38,219) Projected Ending Fund Balance, December 31, 2021 $138,413

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 7

75 The budget for the Walpert Ridge Zone of Benefit (ZB-3) for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $176,632 Total Assessment FY 2021/22 115,010 County Collection Fees (1,955) Interest 3,540 Total Sources $293,227

Uses Maintenance Expenditures: Salaries and Benefits $33,636 Supplies 9,520 Services 0 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Transfers Out 121,792 Total Uses $165,448 Projected Change in Fund Balance ($48,853) Projected Ending Fund Balance, December 31, 2021 $127,779

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 8

76 The budget for the San Ramon Hills Zone of Benefit (ZB-4) for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $19,774 Total Assessment FY 2021/22 6,513 County Collection Fees (356) Interest 267 Total Sources $26,198

Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 500 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 0 Total Uses $500 Projected Change in Fund Balance $5,924 Projected Ending Fund Balance, December 31, 2021 $25,698

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77 The budget for the Stone Valley Zone of Benefit (ZB-5) for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $70,710 Total Assessment FY 2021/22 7,551 County Collection Fees (280) Interest 1,185 Total Sources $79,166

Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 630 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 0 Total Uses $630 Projected Change in Fund Balance $7,826 Projected Ending Fund Balance, December 31, 2021 $78,536

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78 The budget for the Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $39,146 Total Assessment FY 2021/22 28,219 County Collection Fees (436) Interest 1,307 Total Sources $68,236

Uses Maintenance Expenditures: Salaries and Benefits $35,036 Supplies 0 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 25,000 Total Uses $60,036 Projected Change in Fund Balance ($30,946) Projected Ending Fund Balance, December 31, 2021 $8,200

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79 SECTION 4. ASSESSMENT DIAGRAM

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

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80 SECTION 5. ASSESSMENTS

The actual assessments for Fiscal Year 2021/22, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 5.3 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessors of the County of Alameda and the County of Contra Costa and such records are, by reference, made part of this Report.

Method of Apportionment The assessments for the individual parcels in the General Zone of the District (excluding Murray Township and Liberty Union High School District), are based upon the following schedule: 1. For all residential, industrial, and commercial parcels in Alameda and Contra Costa County (except as noted below), an annual parcel assessment of $5.44 is established for Fiscal Year 2021/22. For Fiscal Year 2021/22, there are 366,886 assessable units within Alameda County for a total of $1,955,859.84; there are 299,436 assessable units within Contra Costa County for a total of $1,628,931.84. 2. For all multi-family residential parcels of two or more units per parcel, an annual assessment of $2.72 per unit is established for Fiscal Year 2021/22. For Fiscal Year 2021/22, there are 213,777 assessable units within Alameda County for a total of $581,473.44; there are 80,193 assessable units within Contra Costa County for a total of $218,124.96. 3. The parcels in Murray Township (East Alameda County) and the Liberty Union High School District (ECCC-1 or East Contra Costa County) are included in the District, but at a zero assessment. 4. With regard to those lands defined by the County Assessor in each county as agricultural or ranch property, the annual assessment is made exclusively for those parcels on which a residence is located. 5. Public utility owned or leased properties, common areas, and church properties are excluded from assessment, in accordance with legal statute or accepted assessment practice in the two- county area. 6. Senior citizens whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll. Zones of Benefit The methodology for the zones was developed to calculate the total assessment for each zone based upon Equivalent Dwelling Units (EDU). An improved single-family parcel is the base unit for calculation of benefit assessments and is defined as one EDU. The assessment rates within the six zones of benefit within the District

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81 increase annually by the percentage change in the December Consumer Price Index for the San Francisco Area. For 2021/22, this increase amounts to 2.00%. The Fiscal Year 2021/22 assessment rates for the various zones are as follows: Five Canyons Zone of Benefit (ZB-1) An annual assessment of $51.42 per EDU is established within the Five Canyons Zone of Benefit for Fiscal Year 2021/22. There are 1,089 assessable EDUs for a total of $55,996.38. Dublin Hills Zone of Benefit (ZB-2) An annual assessment of $37.22 per EDU is established within the Dublin Hills Zone of Benefit for Fiscal Year 2021/22. There are 662 assessable EDUs for a total of $24,639.64. Walpert Ridge Zone of Benefit (ZB-3) An annual assessment of $165.96 per EDU is established within the Walpert Ridge Zone of Benefit for Fiscal Year 2021/22. There are 693 assessable EDUs for a total of $115,010.28. San Ramon Hills Zone of Benefit (ZB-4) An annual assessment of $46.52 per EDU is established within the San Ramon Hills Zone of Benefit for Fiscal Year 2021/22. There are 140 assessable EDUs for a total of $6,512.80. Stone Valley Zone of Benefit (ZB-5) An annual assessment of $193.62 per EDU is established within the Stone Valley Zone of Benefit for Fiscal Year 2021/22. There are 39 assessable EDUs for a total of $7,551.18. Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) An annual assessment of $115.18 per EDU is established within the Sibley Volcanic Regional Preserve Zone of Benefit for Fiscal Year 2021/22. There are 245 assessable EDUs for a total of $28,219.10. All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll.

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

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82 Assessment Roll The EBRPD has obtained a detailed listing of all parcels within the District boundaries. For each county, a county parcel use code was secured and all statutorily tax-exempt parcels have been excluded from the assessment. A comprehensive listing of all parcels to be assessed, including parcel address and proposed amount of assessment, is on file at the EBRPD headquarters office, 2950 Peralta Oaks Court, Oakland. In all instances of the District, parcel references will be based upon standard Alameda County and Contra Costa County parcel numbers and use codes, in order to avoid confusion or misunderstanding by property owners.

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84 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC-1 LLD) (Spaulding/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Adopt a Resolution of Intention to Order Improvements;

2. Grant preliminary approval of the attached draft Engineer's Report for the proposed operation of the East Contra Costa County Landscaping and Lighting Assessment District (ECCC-1 LLD) for fiscal year 2021/2022 (7/1/2021 - 6/30/2022);

3. Establish Tuesday, the 15th day of June, 2021, at 1:00 p.m. as the time to conduct a public hearing which will be held via teleconference pursuant to Governor Newsom’s Executive Order N-29-20, and the instruct the Clerk of the Board to provide appropriate public notice of the hearing, as required by the Landscaping and Lighting Act of 1972.

REVENUE/COST

Assessment revenues, disregarding delinquencies, totaling $804,444 are expected to be raised from the ECCC LLD proceeding. These revenues are anticipated in the 2021 and 2022 calendar- year budgets and are restricted to improve, maintain and protect parkland, open space, trails and related access within the boundaries and provisions as described in the attached draft Engineer’s Report. The 2021 Adopted Budget appropriation in Fund 221 was $675,474. A recommendation to appropriate approximately $192,000 in available fund balance to projects in the East Contra Costa County LLD area will be presented to the Board in July, as part of the Mid-Year Budget Appropriations and Transfers process.

85 BACKGROUND

When the East Contra Costa County area was annexed to the Park District in 1981, the annexation occurred without corresponding redistribution of tax revenues to the Park District. The East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) was formed on December 17, 1991 to address this issue and provide funding for operation and maintenance of regional parks, open space and trail operation in East Contra Costa County.

The ECCC LLD was formed prior to the passage of Proposition 218, and is thus considered a “grandfathered assessment.” As required by Proposition 218, 67.8% of voters in the two counties reaffirmed the continuation of the ECCC LLD in 1996.

The assessment rate has remained unchanged since the adoption of the ECCC LLD Assessment District in 1991. Single family units on a single parcel are assessed at $19.70 per unit. There are currently 39,236 single family units, as well as 607 units with between two- and four- residential units on a single parcel, which are assessed at this rate. Other multi-residential units are assessed at proportionately reduced rates. Apartments of five units or more are assessed at 0.5 units per individual unit, or $9.85. There are currently 1,470 multiple living units assessed at this rate. Hotels, motels and mobile home parks are subject to assessment at a rate of 0.25 units per individual living unit, or $4.92 per unit. In fiscal year 2021-22 there are 1,028 such units.

At the public hearing on June 15, 2021, the Board will receive public comments and then determine whether the Draft Engineer's Report (work program, budget and rate of assessment) is to be approved.

ALTERNATIVES

None are recommended.

Attachment A: Draft 2021/2022 Engineer’s Report for East Contra Costa County Landscaping and Lighting Assessment District

86 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. 2021 – 05 -

May 18, 2021

ADOPTION OF RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, GRANT PRELIMINARY APPROVAL TO THE DRAFT ENGINEER’S REPORT, ESTABLISH DATE OF PUBLIC HEARING AND INSTRUCT THE CLERK OF THE BOARD TO PROVIDE APPROPRIATE PUBLIC NOTICE OF HEARING: EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1

WHEREAS, East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) was established by the Board of Directors of East Bay Regional Park District on December 17, 1991, and will complete its current fiscal year of operation on June 30, 2021; and

WHEREAS, the fiscal year 2020/2021 maintenance and operation program for ECCC LLD is in the process of implementation; and

WHEREAS, operation and maintenance funds are required by the District in fiscal year 2021/2022 for ECCC LLD to maintain parklands, open space, trails and related parkland access; and

WHEREAS, the Board of Directors of the District desires to take the necessary steps, including the adoption of resolutions and the required public hearing, to continue operation of ECCC LLD in fiscal year 2021/2022 (7/1/2021 - 6/30/2022) in the manner set forth in the report presented this date; and

WHEREAS, on May 4, 2021 the Board of Directors approved the resolution initiating proceedings and ordering filing of the annual report for the ECCC LLD (Resolution No. 2021-05-118);

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby receives and preliminarily approves the draft Fiscal Year 2021/22 Engineer's Report for the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) which describes work to be performed in fiscal year 2021/2022, the budget for the fiscal year, the assessment roll and the proposed assessment rate; and

BE IT FURTHER RESOLVED that it is the intention of the Board of Directors to levy and collect assessments within ECCC LLD during fiscal year 2021/2022. The area of land to be assessed is the territory included within the Liberty Union High School District of Contra Costa County, as constituted in calendar year 1981. The actions taken to levy and collect assessments are pursuant to the State of California Landscaping and Lighting Act of 1972 including subsequent amendments and the provisions of State Proposition 218; and

87 BE IT FURTHER RESOLVED that the Board of Directors hereby sets Tuesday, June 15, 2021, at the hour of 1:00 p.m. which will be held via teleconference pursuant to Governor Newsom’s Executive Order No. N-29-20, as the date and time for a public hearing to review the draft Engineer's Report and to determine the work program and the assessment rate for fiscal year 2021/2022; and

Moved by Director , seconded by Director , and adopted this 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

88 Engineer’s Report for: East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1)

Fiscal Year 2021/22

Prepared by:

89 TABLE OF CONTENTS

EXECUTIVE SUMMARY ...... 1

PLANS AND SPECIFICATIONS ...... 2

Description of the District Boundaries ...... 2

Description of Areas to be Improved ...... 2

Description of Improvements ...... 4

Identification of Benefit ...... 5

ESTIMATE OF COSTS ...... 6

ASSESSMENT DIAGRAM ...... 7

ASSESSMENTS ...... 8

Method of Apportionment ...... 8

Appeals of Assessment Levy to Property ...... 8

Assessment Roll ...... 9

90 SECTION 1. EXECUTIVE SUMMARY

On May 4, 2021, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (the “District”). The Resolution of Initiation directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. The following assessment is made to cover the portion of the estimated cost of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT Fiscal Year 2021/22 Fiscal Year 2021/22 Proposed Assessment Maximum Assessment $804,444.28 $804,444.28

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

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91 SECTION 2. PLANS AND SPECIFICATIONS

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

Description of Areas to be Improved The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows: Marsh Creek Trail 7.74 miles - Big Break Trail to Creekside Park: The Creekside Park to Cypress Road portion of this trail is 6.54 miles long and was opened in phases from December 1992 to 1997. Construction costs for the first phase (Cypress Road to Dainty Avenue) were $775,000 for the trail and $260,000 for bridges. In 2001, the operation of the Dainty Avenue to Balfour Road section of the trail was transferred to the EBRPD from the City of Brentwood. The 0.5 mile Balfour Road to Creekside Park portion of the trail was built by subdivision developers in 1996/97 and opened in 1997. Beginning in Fiscal Year 2005/06, the EBRPD has maintained responsibility for a trail tunnel beneath O'Hara Avenue and a tunnel beneath Sand Creek Road. The EBRPD expects to maintain a 9/10 mile extension to the Delta Shoreline Trail after completion of a restoration project. The Cypress Road to Delta Shoreline portion is 1.2 miles long and opened May 31, 1997, with a construction cost of $421,000 for the trail and railroad underpass. Delta/De Anza Trail Approximately 3.5 miles - Cypress Road to Neroly Road: The Cypress Road to Neroly Road portion of the trail is about 2.5 miles long and opened June 1, 1996, with a construction cost of $355,000 (trail and screen fencing). The Hillcrest to Ridgeline segment opened Fiscal Year 2007/08 and added one additional mile of trail. The one-mile section of trail between Ridgeline and Neroly Road was completed and opened in 2014. Big Break Trail 1.7 miles - Jordan Lane to Big Break Bridge: The Marsh Creek Bridge to Jordan Lane section of trail, which opened in 1998, is 1.7 miles in length and cost $525,000 to construct. Additionally, a trail from Big Break Road to the flood control channel has been constructed and is being maintained.

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92 ECCC Trails Service Yard Adjacent to the Iron Horse Sanitation District facilities in the City of Oakley: The Iron Horse Sanitation District Plant (IHSD) in the City of Oakley opened September of 1994. The EBRPD acquired land from IHSD nearby for a permanent service yard, which was completed in 2003. The ECCC Trails Service Yard provides necessary support for the continued growth of the District Trails and Park Program. Vasco Caves Regional Preserve / Vasco Hills / Byron Vernal Pools The original 750-acre property of the Vasco Caves was acquired by the Contra Costa Water District and the EBRPD in 1997/98 at a cost of $1,360,000. The area is maintained by the EBRPD. It opened in 1999/00 for public use by reservation only. An additional 617 acres were acquired on December 23, 2004, at a cost of $2,961,600. There is a security residence at this location. The Vasco Hills and Vasco Caves parklands continued to be augmented in 2010 - 2012, and the 199.43 acre Coelho - Machado property was acquired in 2016 at a cost of $1.5 million. In total, Vasco now encompasses almost 4,000 acres. Beginning in 2009, additional land in the Vasco area was acquired, known as the Byron Vernal Pools. To-date, Byron Vernal Pools totals 1,600 acres acquired at a total cost of $10.7 million. Round Valley Regional Preserve The Purviance property of 1,165 acres was acquired in 1995 at a cost of $2,058,500. The Aswad property of 160 acres was acquired in April of 1996 at a cost of $224,000. The Cowell property was leased to the EBRPD in 1996 and opened in 1998. The construction cost of staging area and access was $921,500. There are 3.2 miles of trail. An additional 45 acres was added on January 31, 2000, at a cost of $313,250. There is also a security residence at this location. A group campsite, which may be reserved, opened in 2007, and a bridge was installed in 2012 to complete the loop trail. Two additional acquisitions in 2018 increased the size of the park: the 9.24 acre Heiser property and the 271.91 acre Nunn Property conservation easement. In total Round Valley Regional Preserve encompasses 2,191 acres. Delta Access The EBRPD acquired the Fallman property on June 20, 2002, at a cost of $1,500,000. The property is 276 acres in size and is located adjacent to the Werner Dredger Cut, east of Knightsen, in the Orwood Tract. The property is currently in agricultural use and will be kept in land bank status until funding is obtained for the development and operation of a delta access facility. An additional 90 acres of Delta access known as the Aginson Prime property was acquired in September of 2013 at a cost of $1,165,000. The purchase price included a security residence and a dock that may eventually allow small boat access to the Delta. The District is participating in the replacement of the Orwood Bridge, which crosses the Dredger Cut adjacent to the Fallman property. The new bridge will include a segment of the Mokelumne Coast to Crest Trail. In January 2016, at a cost of $6,072,000, the District acquired the 646-acre Nunn property to provide a key opportunity to protect and restore rare delta habitat. Big Break Visitors Center at the Delta In 2012, the Big Break Visitor Center at the Delta was completed. The 5,500 square foot pre-fabricated building project was partially funded by a $2.5 million grant from the State of California's Proposition 84. This interpretive center includes displays about the Delta and is staffed by EBRPD naturalists who can give information about the park and specific activities in the area, including wetland walks and adjoining trails.

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93 Big Break Regional Shoreline offers picnic and meadow areas, a small shaded amphitheater, boat and kayak launch facilities, and a fishing pier. It also includes the Delta Discovery Experience with covered, outdoor use areas for interpretive and educational exhibits and programs highlighting the Delta, its ecosystems, and wildlife. A 1,200 square foot interactive map of the Delta allows visitors to see how water flows through the region. The map was designed, fabricated and installed by Scientific Art Studio, based in Richmond, California. In 2017/18, $100,000 was appropriated for exhibit repair and enhancement at the Big Break Visitor Center, including improvements to the Delta Map. An additional $150,000 was allocated to repair and expand on storage at the Big Break Visitor Center, in order to protect the kayaks, lifejackets and other gear used for naturalist and interpretive recreation programs. Deer Valley Regional Park In 2014 the District acquired the 960 acre Dainty Ranch and the 1,885 acre Roddy Ranch to begin the process of creating the Deer Valley Regional Park, as described in the District’s Master Plan. In 2016 the District acquired an additional 76.46 acres known as the SMD-Hanson Property. In 2017, the EBRPD acquired an additional 40 acres of land from the Jack and Donna Roddy family, to become part of the Deer Valley Park. These properties are currently in Land Banked status. In 2018, an additional 230 acres of the adjacent Roddy Golf Club were acquired. The 120 acre Olsen property was acquired in 2019. Currently, the park encompasses over 3,650 acres. The following projects will be funded with excess District funds: $100,000 – Grazing infrastructure on multiple East County properties (fencing, gates, water infrastructure) (to be completed in 2021) $15,000 – ECC Trails and Mule (estimated completion 2021) $20,000 – ECC Trails and Pickup (estimated completion 2021) $20,000 – Vasco, Polaris Mule (estimated completion 2021) $27,000 – Big Break Pickup (estimated completion 2021)

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

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94 Identification of Benefit The District provides funds needed to maintain, operate, and construct parks, trails, open space, and other related park and access improvements within the District, as prescribed in the State of California Streets and Highways Code. Cost of acquisition and development of the regional facilities is funded primarily through Federal and State grants, bond issuances, and various public and private donations. By definition, all District lands maintained with the assessment revenues are directly related to property within the District, and benefits are received equally by all residential property owners within the District. A single zone of benefit for residential properties is in effect throughout the entire area of the District, and assessments are established accordingly. Assessments are directed exclusively to owners of all individual residential parcels which include a residence or residences as defined by the County Assessor, according to the method of apportionment defined below in this Report. The method of apportionment reflects varying rates of assessment, dependent upon the number and type of residential units located on the various parcels.

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95 SECTION 3. ESTIMATE OF COSTS

The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for Fiscal Year 2021/22 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2021 $599,134 Total Assessment FY 2021/22 804,444 County Collection Fees (30,322) Interest 10,001 Total Sources $1,383,257

Uses Maintenance Expenditures: Salaries and Benefits $683,136 Supplies 0 Services 5,200 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 4,500 Transfers Out 192,000 Total Uses $884,836 Projected Change in Fund Balance ($100,713) Projected Ending Fund Balance, December 31, 2021 $498,421

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96 SECTION 4. ASSESSMENT DIAGRAM

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

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97 SECTION 5. ASSESSMENTS

The actual assessments for Fiscal Year 2021/22, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 6 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessor and such records are, by reference, made part of this report.

Method of Apportionment Assessments for individual parcel owners will be included as a part of the annual tax bill. Senior citizens, whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. Assessments for the individual parcels in the District, consistent with approved residential property assessment practices in other County special assessment districts, are based upon the schedule shown below. 1. Single family residential units on a single parcel (single family home, condominium, townhouse, mobile home, rural residential) are assessed $19.70 per unit For Fiscal Year 2021/22, there are 39,236 assessable units for a total of $772,949.20. 2. Two or more residential units, up to a maximum of four residential units, on a single parcel (homes, duplex, triplex, mobile home) are assessed $19.70 per individual living unit For Fiscal Year 2021/22, there are 607 assessable units for a total of $11,957.90. 3. Multiple living units (apartments of five living units or more) are assigned 0.5 units per individual living unit and are assessed $9.85 per individual living unit For Fiscal Year 2021/22, there are 1,470 assessable units for a total of $14,479.42. 4. Living units in hotels, motels, and mobile home parks are assigned 0.25 units per individual living unit and are assessed $4.92 per individual living unit For Fiscal Year 2021/22, there are 1,028 assessable units for a total of $5,057.76. All assessments are rounded down to an even cent for placement on the County property tax roll.

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98 decision of the Chief Financial Officer or designee shall be referred to the EBRPD Board of Directors and the decision of the Board of Directors shall be final.

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

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100 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Authorization to Amend the 2021 Budget, Appropriate Funds, Approve Time Extension and Close Measure WW Local Grant Program Projects (Hornbeck/Rasmussen/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize amendments to the 2021 Local Grant project budgets and the appropriation of additional funds for the Measure WW Local Grant Program payments to other agencies. The General Manager further recommends a three- year time extension of uncompleted projects as well as the formal closure of several completed Local Grant Projects.

REVENUE/COST

This action will increase individual Local Grant Project budgets by $105,945.98, bring the total appropriation of Measure WW Local Grant funds to $123,364,702.34 as indicated on Attachment 1. The total amount of local grant funds allocated in Measure WW was $125 million, therefore we have appropriated approximately 98.69% of the funds available for the program. The table below reflects the Measure WW local grant program funding history:

Year Amount Appropriated/ Cash Paid per Year Net Approved Grants 2009 $ 28,632,536 $137,016 2010 26,462,936 10,597,647 2011 15,430,807 13,704,471 2012 9,529,387 13,097,891 2013 12,786,889 11,763,573 2014 8,778,155 11,232,306 2015 7,352,091 6,012,824 2016 7,791,669 11,614,538 2017 2,331,076 11,781,204 2018 2,610,996 8,594,051 2019 149,600 1,267,745 2020 1,402,614 5,802,294

101 2021 105,946 6,049,927 TOTAL $123,364,702 $111,655,487

BACKGROUND

On November 4, 2008, voter of Alameda and Contra Costa counties approved Measure WW: Regional Open Space Wildlife, Shoreline and Parks Bond Extension. Of the $500 million bond extension, $125 million (25%) of the bond proceeds are allocated to local agencies to fund local park and recreation projects. The Measure WW Local Grant Program Procedural Guidelines, approved by the Board of Directors on January 13, 2009 (Resolution 2009-1-011), established the policies and procedures under which the East Bay Regional Park District (Park District) would reimburse agencies for eligible expenses on local parks and recreation projects. On January 13, 2009, (Resolution 2009-1-016), the Board of Directors approved a resolution of intention which authorizes the reimbursement of expenditures from future bond proceeds, including such incurred pursuant to the establishment of the Measure WW Local Grant program through December 31, 2018. On May 15, 2018 (Resolution 2018-05-116), the Board of Director approved a resolution to extend the expiration of the WW Local Grant Program for three years to December 31, 2021.

Annually the Park District announces the Local Grant application period. Prior to the March 31, 2021 Measure WW Local Grant Program application deadline, the Park District received one (1) project application. Staff has reviewed the application and recommends the appropriation of $60,324.12 to fund the project (see Attachment 1). In addition, the City of El Cerrito and Unincorporated Alameda requested budget increase for two (2) projects value at $45,621.86 (see Attachment 1).

This request does not include an additional request for administrative costs. To date the Park District has appropriated $4,388,593.96 for administration based on the percentage of Local Grant Funds approved but has expended $3,185,352.73.

The Park District also performs a project closure process annually to reflect that the local agencies have completed their projects, submitted final invoices, and received payment from the Park District. By the end of March 31, 2021, ten (10) additional WW Local Grant Program projects have been completed by Local Agencies. This action proposes closure of these projects (Attachment 2).

As noted above, this action to approve the applications from other jurisdictions and appropriate new local grants is authorized by the resolution of intention that provides, should reimbursement requests exceed current bond proceeds, for the reimbursement of such expenses from future bond sales. Due to the long construction periods anticipated for capital construction projects, reimbursement requests for local grant projects are expected to come in over several years, thereby spreading the cash flow requirements of the bond and allowing the Park District to plan and issue sufficient bonds to meet funding needs under the overall Measure WW authority.

Local agencies have been active and successful in completing projects in a timely fashion since the program was launched nearly thirteen years ago. To date, the Park District has disbursed $111,655,486.53 in funds for the Measure WW Local Grant Program, which is approximately 89.32% of the funds available for this program. It is expected that additional disbursement requests will be received, and projects completed, over the coming months.

102 However, due to the complexity of certain projects, the Park District has received three written requests to extend the WW Local Grant Program beyond December 31, 2021 to allow time for project completion. As the deadline approaches, additional agencies may also require more time to complete projects. Staff recommends a three year-extension of the WW Local Grant Program, through December 31, 2024. The time extension would apply to all incomplete projects regardless of whether an extension request was submitted.

Pending approval of this resolution, staff will continue their evaluation of the applications received and issue individual project application approval throughout the year once an application is found to be complete and in full conformance with the grant guidelines. If, during the final review of these projects, it is found that additional projects should be approved in excess of the appropriation currently recommended, staff will return to the Board for the appropriation of additional funds.

As per the program guidelines, agencies have the ability to select individual local parks and recreation projects for funding within the overall allocation of the program. This provision allows the transfer of the appropriated funds between project accounts without additional approval from this Board.

ALTERNATIVES

No alternatives are recommended.

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104 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 -

May 18, 2021

AUTHORIZATION TO AMEND THE 2021 BUDGET, APPROPRIATE FUNDS, APPROVE TIME EXTENSION AND CLOSE MEASURE WW LOCAL GRANT PROGRAM PROJECTS

WHEREAS, on November 4, 2008, the voters in Alameda and Contra Costa counties approved Measure WW: Regional Open Space Wildlife, Shoreline and Parks Bond Extension; and

WHEREAS, of the $500 million bond extension, $125 million (25%) of the bond proceeds are allocated to the Local Grant Program to fund park and recreation projects of cities and other local communities; and

WHEREAS, on January 13, 2009 (Resolution 2009-1-011), the Board of Directors approved the Measure WW Local Grant Program Procedural Guidelines; and

WHEREAS, on January 13, 2009, (Resolution 2009-1-016) the Board of Directors approved a resolution of intention which authorizes the reimbursement of expenditures, including such incurred pursuant to the establishment of the Measure WW Local Grant program, from future bond proceeds; and

WHEREAS, on May 15, 2018, (Resolution 2018-05-116), the Board of Directors approved a resolution to extend the expiration of the WW Local Grant Program for three years, to December 31, 2021; and

WHEREAS, the Park District received one (1) project applications from City of Hercules prior to the March 31, 2021 application deadline; and

WHEREAS, staff has reviewed the application and recommends the appropriation of $60,324.12 to fund the project and recommends budget increases for two (2) projects valued at $45,621.86 in 2021 Measure WW Local Grant Funds; and

WHEREAS, local agencies have completed ten (10) Measure WW Local Grant Program projects;

WHEREAS, the Park District has received three written time extension requests and additional agencies may require more time to complete project.

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

1. Appropriates $105,945.98 for Measure WW grants to other agencies, in various project budgets as described in Attachment 1, brings the total appropriation of Measure WW Local Grant funds to $123,364,702.34; and

105 2. Formally closes ten (10) Measure WW Local Grant Program projects as described in Attachment 2; and

3. Authorizes the adjustment of budgets and transfer of funds between WW Local Grant projects accounts within the total amount granted each agency and within the total appropriation authorized by this resolution, without additional approval from this Board; and

4. Extends the expiration of the WW Local Grant Program for three years, to December 31, 2024.

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 to accomplish the intentions of this resolution.

Moved by Director , seconded by Director , and adopted this 18th day of May, 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

106 A B CD E F G 1 2021 Application Recommended to continue in the Approval Process

Fund Project 2 Agency Project Name Project # Source Amount Beechnut Mini Park 3 City of Hercules Renovation 312003 WL20 $60,324.12 4 Sub-total $60,324.12 5 6 2021 Budget Increase

Fund Cuurent Budget 7 Agency Project Name Project # Source Amount Increase New Amount

Sunol Glen Playground & Unincorporated Outdoor 8 Alameda Recreational Park 311303 WL03 $420,808.00 $9,914.00 $430,722.00 Hillside Nature Area Trail Entry and Signage Improvements 9 City of El Cerrito Phase 1 311908 WL19 $48,000.00 $35,707.86 $83,707.86

10 11 Sub-total $45,621.86 12 13 Total Appropriation $105,945.98

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108 A B C D E 1 2021 Measure WW Local Grant - Project Closures Fund Project 2 Agency Project Name Project # Source Amount Berkeley Rose Garden 3 Berkeley Renovation Phase 1 310217 WL02 325,000.00 California Nursery Historical Park President's House 4 Fremont Renovation 310516 WL05 300,000.00 Children's Fairyland 5 Oakland Entryway Improvements 310707 WL07 495,771.43

Golden Gate Recreation 6 Oakland Center Expansion 310714 WL07 2,268,300.00 Peralta Hacienda Park 7 Oakland Improvements 310721 WL07 170,000.00

City-Wide Park Shade 8 Brentwood Improvements - Phase III 311509 WL15 11,845.55 Huber Park 9 El Cerrito Improvements 311903 WL19 198,292.14 Fairmont Park 10 El Cerrito Improvements Phase 1 311907 WL19 359,093.48

Lafayette Open Space Nature Park - Purchase 11 Lafayette of APN 239-100-001 312105 WL21 149,600.30 Unincorporated Tice Valley Pocket Park 12 Contra Costa and Pathway 314503 WL45 623,187.00 13 14 Total $4,901,089.90

109 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Informational Update on Programming for Improve Peralta Oaks North Project: District Headquarters (Goorjian/ Kelchner/ Alvarez)

RECOMMENDATION

Discussion item on the new Public Safety and Administration building project.

REVENUE/COST

No cost information item only.

BACKGROUND

Staff will present an update on the building space program for the Improve Peralta Oaks North project. In March 2019, the Park District acquired 2955 Peralta Oaks, (Peralta Oaks North) to create a Park District Headquarters campus that would house Public Safety Division and administrative staff. The building was acquired after a ten-year search and was selected based on the best value and functionality to accommodate code-compliant space for essential services provided by the District’s police, fire, and administrative staff.

Park District staff initiated the pre-design phase of the project by assembling a cross divisional project team in January 2020. The team has been working with SKA Architects since June 2020 to develop the space programming plan (Reso No 2020-06-134).

An update of the recommended building program for public safety and administrative will be presented.

ALTERNATIVES

No alternatives are recommended; informational only.

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111 Improve Peralta Oaks North Project 2955 Peralta Oaks Court, Oakland East Bay Feet Regional Park District [ 0 50 100

B ro Mark St a d m

o o r V w

e Malcolm Av

Sheldon St

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t s C ak O a lt Pe ra r e al P ta O a ks D r Dunsmuir Open Space

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113 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

b. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 80± Acres of Real Property from Kim Owens And Kelen Maness, Successor Trustees of the Donna Pugh Living Trust: Byron Vernal Pools Regional Preserve (Reeves/Kelchner)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize entering into an option, purchase and sale agreement (Agreement) with Kim Owens And Kelen Maness (Property Owners) for acquisition of 80± acres of real property together with their rights as lessor of an associated wind farm lease, and to transfer and appropriate funds for the option payment and acquisition due diligence costs. The open space property is located off Armstrong Road in an unincorporated area of Contra Costa County south of the community of Byron and immediately adjacent to Byron Vernal Pools Regional Preserve.

REVENUE/COST

The property and associated wind farm lease rights may be acquired for a total purchase price of $930,000 based on an appraisal of these property rights commissioned by the Park District, plus acquisition costs as described below. An option payment of $5,000 will be deposited into escrow upon full execution of the Agreement and credited toward the purchase price. No later than June 2, 2021, the Park District will complete its due diligence to determine whether specified conditions precedent set forth in the Agreement are satisfied. Upon satisfaction of those conditions precedent, $2,500 of the option payment will be released from escrow to the Property Owners and shall be non-refundable but applicable to the purchase price. Subject to final Board approval, the Park District will have until September 17, 2021 to exercise the purchase option. Close of escrow is to occur by October 22, 2021.

This property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (“Conservancy”) with funds requested from the California Wildlife Conservation Board (“WCB”). In order to meet the granting agencies’ deadlines, the requested Board action authorizes staff to enter into funding agreements necessary to secure monies from

114 the Conservancy and WCB. Funding to cover preliminary acquisition costs will be provided by the Park District’s Cost Sharing Agreement with the Conservancy, approved on December 19, 2017, by Board Resolution No. 2017-12-352. This Board action authorizes the transfer and appropriation of said funds as follows:

SOURCE OF FUNDS: Future Preliminary Acquisition Study – ECCCHC (CIP 230000LHCP) $20,700 Measure WW – Designated Acquisitions (CIP 229900WW00) $5,000 Current Appropriation Request $25,700

USE OF FUNDS: Pugh/ Byron Vernal Pools Acquisition (CIP 251400) Option Payment $5,000 Appraisal 5,200 Phase 1 Environmental Site Assessment 5,500 Staff Time 10,000 Total Current Project Cost $25,700

BACKGROUND

On April 7, 2020 by its Resolution No. 2020-04-54, the Park District Board of Directors authorized staff to begin negotiations with the Property Owners for acquisition of their 80± acre property as an addition to Byron Vernal Pools Regional Preserve. The property is located south of the community of Byron and is bordered to the north and west by a complex of 1,178 acres of Preserve lands east of Vasco Road acquired by the Park District in 2010 in partnership with the East Contra Costa County Habitat Conservancy (Conservancy). Primary access to the property is from Armstrong Road, a one-lane mostly paved public roadway which connects to Byron via Byron Hot Springs Road and Highway 4 to the north.

The property shares the open space landscapes of the surrounding areas on either side of Vasco Road, with rolling topography and almost the entirety of the property covered in grasslands. The East Contra Costa County Habitat Conservation Plan (“HCP”) identifies this general area including the subject property a high priority for acquisition and protection due to significant habitat for protected grassland species.

A spring located on the property feeds an approximately ½ acre stock pond. A former ranch compound located next to the stock pond consists of a small, dilapidated wood frame cabin of contemporary vintage, several sheds, several abandoned vehicles, stockpiled materials and various debris piles. The Property Owners are currently preparing to demolish and remove the structures and all debris from the property. Several non-native trees dot the area around the stock pond and compound. The property has historically been used as grazing land.

A number of ridgelines range through the “Vasco Corridor” in this vicinity where active wind farms are located. One such ridgeline traverses the subject property on which five wind turbines are located. These turbines are part of a wind farm operated under a series of leases originally held by Buena Vista Energy LLC and recently acquired by Leeward Renewable Energy LLC. Most

115 of the leases for this wind farm are on surrounding lands owned by the Park District. The 38 wind turbines comprising the wind farm, including the five located on the subject property, were installed in 2006-2007 as part of a “repowering” project. In 2003 the Property Owners entered into a wind lease agreement allowing Buena Vista to install the five wind turbines on the subject property. The initial term of the lease runs through December 31, 2026, with the lessee (now Leeward Energy) having the option to renew the lease for an addition ten-year term. Annual Rental income including royalties has averaged $40,000 annually. Under the proposed Agreement, the Property Owners will assign their rights as lessor under the wind lease to the Park District, which will then receive the income stream from the rental and royalty payments.

The property is located outside the Contra Costa County’s Urban Limit Line (“ULL”) and is designated for agricultural uses. The Contra Costa County zoning designation for the subject property is A-2, General Agricultural District with a General Plan classification of “AL,” Agricultural Lands. A market value appraisal of the property commissioned by staff concluded that the highest and best use of the property is as grazing land with the higher elevations used for wind farming. These uses are typically operated by different operators and are often sold independently of each other.

An Acquisition Evaluation will be conducted to determine consistency with the Park District’s Master Plan and the suitability of the property as an addition to the park system. Pending securing grant funding and completion of due diligence investigations over the next several months, staff will return to the Board to present the Acquisition Evaluation and seek authorization to exercise the purchase option and acquire the property.

ALTERNATIVES

No alternative is recommended.

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117 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021 – 05 –

May 18, 2021

AUTHORIZATION TO ENTER INTO AN OPTION, PURCHASE AND SALE AGREEMENT AND TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION IN PARTNERSHIP WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY OF 80± ACRES OF REAL PROPERTY FROM KIM OWENS AND KELEN MANESS, SUCCESSOR TRUSTEES OF THE DONNA PUGH LIVING TRUST: BYRON VERNAL POOLS REGIONAL PRESERVE

WHEREAS, on April 7, 2020 by its Resolution No. 2020-04-54, the Board of Directors of the East Bay Regional Park District authorized staff to begin negotiations with Kim Owens and Kelen Maness, Successor Trustees of the Donna Pugh Living Trust (“Sellers”) for acquisition of their 80± acres real property located off Armstrong Road in an unincorporated area of Contra Costa County south of Byron and immediately adjacent to Byron Vernal Pools Regional Preserve, and also known as Contra Costa County Assessor’s Parcel Number 001-021-011 (“Property”); 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 Property; and

WHEREAS, the Property may be acquired for $930,000, which is its appraised fair market value as supported by an independently prepared appraisal; and

WHEREAS, the Agreement calls for an option payment of $5,000 to be deposited into an escrow account immediately upon execution of the Agreement as consideration for an option to purchase the Property, said option payment being applicable to the purchase price; and

WHEREAS, the Property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (“Conservancy”) with funding requested from the California Wildlife Conservation Board (“WCB”); and

WHEREAS, in order to qualify for these grant funding sources, the Park District will be required to enter into funding agreements necessary to secure federal and/or state funding from the Conservancy and WCB; and

WHEREAS, funds for preliminary acquisition expenses will be provided by the Park District’s Cost Sharing Agreement with the Conservancy, previously appropriated to land acquisition project account 230000LHCP by Board Resolution No. 2017-12-352 approved by the Board on December 19, 2017; and

118 WHEREAS, under the California Environmental Quality Act (CEQA), this action by the Board 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 Option, Purchase and Sale Agreement with Kim Owens And Kelen Maness, Successor Trustees of the Donna Pugh Living Trust, for the purchase of the 80± acre subject Property; and

BE IT FUTHER RESOLVED that the Board of Directors authorizes entering into the funding agreements necessary to secure federal and/or state funding from the Conservancy and WCB; and

BE IT FURTHER RESOLVED that the Board of Directors hereby authorizes the transfer and appropriation of $20,700 from project account Future Preliminary Acquisition Study – ECCCHC (CIP 230000LHCP) and $5,000 from project account Designated Acquisitions - Measure WW Undesignated (CIP 229900WW00), utilizing funds from the Byron Vernal Pools allocation area, to project account Owens Maness/Byron Vernal Pools Acquisition (CIP 251400), as shown on the attached Budget Change form, to fund acquisition-related expenses; and

Moved by Director , seconded by Director , and adopted this 18th day of May 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

119 Byron Vernal Pools Regional Preserve VICINITY MAP Pugh Property Acquisition Feet + 80 Acres [ 0 2,000

ino Diablo Cam

Byron Hwy

VASCO HILLS

Los Vaqueros Reservoir

BYRON VASCO VERNAL POOLS CAVES

Pugh Property APN: 001-021-011 Vasco Rd + 80 Acres Bethany Reserboir

BRUSHY

PEAK O:\GIS\CMcKaskey\Projects_2021\ASD\Land\bv_pugh\BV_Pugh.mxd Date: 3/29/2021

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121 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS x Appropriate Funds Between Funds X From New Revenues x Between Projects

DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Project- Account Name: Expense: Capital Project- Land Acquisition-District Wide-Land + Trails- Land Acquisition, Owens-Maness / Byron Measure WW Designated Acquisitions Vernal Pools Acquisition Project Measure WW funds - Option Deposit

Account: 333-7330-000-7010 / Account: 333-7330-123-7010 / 229900WW00-100 $ 5,000 251400WP11-110 $5,000 Account Name: Expense: Capital Project- Account Name: Expense: Capital Project- Land Acquisition-District Wide-Land + Trails- Land Acquisition, Owens-Maness / Byron Future Preliminary Acquisition Study Vernal Pools Acquisition Project , Future Preliminary Acquisition Study - acquisition costs (staff time, appraisal, environmental assessment report)

Account: 333-7330-000-7010 / Account: 333-7330-123-7010 / 230000LHCP-100 $ 20,700 251400LHCP-123/132/133 $20,700

REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on May 18, 2021, Board of Directors hereby authorizes the transfer and appropriation of $20,700 from project account Future Preliminary Acquisition Study – ECCCHC (CIP 230000LHCP) and $5,000 from project account Designated Acquisitions - Measure WW Undesignated (CIP 229900WW00), utilizing funds from the Byron Vernal Pools allocation area, to project account Owens Maness/Byron Vernal Pools Acquisition (CIP 251400), for acquisition of 80± acres (APN 001-021-011) and their rights, title, and interests to a wind lease on property located off Armstrong Road in an unincorporated area of Contra Costa County, south of Byron, immediately adjacent to Byron Vernal Pools Regional Preserve.

As approved at the Board of Directors Meeting on: Date: 5/18/2021 Board of Directors Resolution Number: 2021-05-

Posted By: Date: Signature T:\BOARDCLK\BOARD MATERIAL\2021\9- May 18, 2021\D-2-b-b ASD ACQ BVP-Pugh OPSA in Partnership with ECCCHCP - BCF

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123 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

c. Authorization to Award Job Order Contracts JOC-021, -022, -023, -024, -025, -026, -027 and -028 to Buhler Commercial, Mark Scott Construction, Inc., Devaney Engineering, Inc., Buhler Commercial, SBAY Construction, Inc., Staples Construction Company, Inc., E.E. Gilbert Construction, Inc. and Teichert Construction Respectively: District-wide (Goorjian/Kelchner)

RECOMMENDATIONS

The General Manager recommends that the Board of Directors authorize the award of Job Order Contracts JOC-021, -022, -023, -024, -025, -026, -027 and -028 to Buhler Commercial, Mark Scott Construction, Inc., Devaney Engineering, Inc., Buhler Commercial, SBAY Construction, Inc., Staples Construction Company, Inc., E.E. Gilbert Construction, Inc. and Teichert Construction respectively, with each contract for a one-year period, for a minimum contract value of $50,000 and a maximum contract value of $1,500,000.

REVENUE/COST

The minimum and maximum contract values for each contract are $50,000 and $1,500,000, respectively. The $50,000 minimum contract value requires the District to offer at least $50,000 worth of work (Job Orders) to each Job Order Contracting (JOC) contractor. The $1,500,000 maximum contract value is a contract limit – the District is not immediately encumbering $1,500,000 per contract. The contract value increases (up to $1,500,000) as actual Job Orders are issued. The District has no obligation to offer Job Orders in excess of the minimum contract value.

Funding for Job Orders must be available in the associated project’s budget or operating funds before the work may begin.

BACKGROUND

Job Order Contracting (JOC) is an alternative competitive procurement method intended to supplement the current procurement processes, whereby the District may award annual

124 contracts for renovation, refurbishment, repairs, and remodeling projects. It is to be used by the departments currently authorized to contract for these kinds of construction contracts. These departments include Design and Construction, Operations, Maintenance and Skilled Trades, Fire, and Finance & Management Services. The District operates the JOC program consistent with Public Contract Code (PCC) section 20128.5 and by the District’s JOC policy, Reso 2019-05- 111. Current procurement policies and procedures are determined by the dollar amount of the contract, as outlined in Appendix E of the Board Operating Guidelines. Per these guidelines, job order contracts are required to be competitively bid and awarded by the Board of Directors to the contractor that bids the lowest adjustment factor.

A JOC contract is akin to having an on-call general contractor who will perform work according to an established set of unit prices with a competitively bid price factor applied. Job Order Contracts JOC-021, -022 and -023 are for “A” license work – “general engineering” type work including grading, paving, and utility repair and installation. Job Order Contracts JOC-024, -025, and -026 are for “B” license work – “general building” type work including roofing, HVAC, painting and other tasks required for maintenance and renovation of building facilities. Job Order Contracts JOC-027 and 028 are for “A” license work – “general paving” for paving work.

On March 24, 2021, the District put out a notice inviting bids for Job Order Contracts JOC-021, -022, -023, -024, -025, -026, -027 and -028.

On April 22, 2021, a total of eighteen (18) bids were received and opened; nine for the “A” general engineering, six for the “B” general building, and three for the “A” general paving. In summary, bidders submitted adjustment factors to be applied to the unit prices in the Construction Task Catalog. The adjustment factors are weighted and an Award Criteria Figure (ACF) is calculated. The low bids are based on the ACF and the award of contracts is based on the lowest ACFs. The bid summaries are as follows:

JOC Contract # Bidder – “A” License-General Engineering ACF

JOC-021 Buhler Commercial 1.1000 JOC-022 Mark Scott Construction, Inc. 1.1694 JOC-023 Devaney Engineering, Inc. 1.1792 A. Teichert & Son, Inc. dba Teichert Construction 1.1938 Staples Construction Company, Inc. 1.1995 Aztec Consultants, Inc. 1.2195 E.E. Gilbert Construction, Inc. 1.2732 GradeTech, Inc. Non- responsive Kerex Engineering, Inc. Non- responsive

125 JOC Contract # Bidder – “B” License-General Building ACF

JOC-024 Buhler Commercial 1.1000 JOC-025 SBAY Construction, Inc. 1.1420 JOC-026 Staples Construction Company, Inc. 1.1495 Mark Scott Construction, Inc. 1.1570 Aztec Consultants, Inc. 1.1795 PRIDE Industries One, Inc. 1.2463

JOC Contract # Bidder – “A” License-General Paving ACF

JOC-027 E.E. Gilbert Construction, Inc. 1.1903 JOC-028 A. Teichert & Son, Inc. dba Teichert Construction 1.1998 GradeTech, Inc. Non- responsive

Staff has evaluated the bids and determined the above-referenced bidders to be responsive to the terms and conditions of the bid solicitation. Staff is requesting that the Board authorize the award of Job Order Contracts JOC-021, -022, -023, -024, -025, -026, -027 and -028.

ALTERNATIVES

No alternatives are recommended.

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127 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2021– 05 -

May 18, 2021

AUTHORIZATION TO AWARD JOB ORDER CONTRACTS JOC-021, -022, -023, -024, -025, -026, -027 and -028 TO BUHLER COMMERCIAL, MARK SCOTT CONSTRUCTION, INC., DEVANEY ENGINEERING, INC., BUHLER COMMERCIAL, SBAY CONSTRUCTION, INC., STAPLES CONSTRUCTION COMPANY, INC., E.E. GILBERT CONSTRUCTION, INC., AND A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION, RESPECTIVELY: DISTRICT-WIDE

WHEREAS, the East Bay Regional Park District’s (District) Board of Directors adopted a Job Order Contracting Policy on September 5, 2017, via Resolution No. 2017-09-238 and updated May 21, 2019 via Resolution No. 2019-05-111; and

WHEREAS, the District desires to continue a Job Order Contracting Program; and

WHEREAS, a notice inviting bids for Job Order JOC-021, -022, -023, -024, -025, -026, - 027 and -028 was published on March 24, 2021; and

WHEREAS, eighteen (18) bids were received by April 22, 2021; and

WHEREAS, the bids of Buhler Commercial, Mark Scott Construction, Inc., and Devaney Engineering, Inc., are the lowest, responsive, and responsible bids for the performance of Job Order Contracts JOC-021, -022, and -023, respectively; and

WHEREAS, the bids of Buhler Commercial, SBAY Construction, Inc., and Staples Construction Company, Inc., are the lowest, responsive, and responsible bids for the performance of Job Order Contracts JOC-024, -025, and -026, respectively; and

WHEREAS, the bids of E.E. Gilbert Construction, Inc., and A. Teichert & Son, Inc, dba Teichert Construction, and are the lowest, responsive, and responsible bids for the performance of Job Order Contracts JOC -027 and -028, respectively;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards Job Order Contracts JOC-021, -022, and -023, for the performance of work in accordance with the bid and contract documents, and the specifications, to Buhler Commercial, Mark Scott Construction, Inc., and Devaney Engineering, Inc., respectively, with each contract for a one-year period, for a minimum contract value of $50,000 and a maximum contract value of $1,500,000; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards Job Order Contracts JOC-024, -025, and -026, for the performance of work in accordance with the bid and contract documents, and the specifications, to Buhler

128 Commercial, SBAY Construction, Inc., and Staples Construction Company, Inc., respectively, with each contract for a one-year period, for a minimum contract value of $50,000 and a maximum contract value of $1,500,000; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards Job Order Contracts JOC-027 and -028, for the performance of work in accordance with the bid and contract documents, and the specifications, to E.E. Gilbert Construction, Inc., and A. Teichert & Son, Inc, dba Teichert Construction, respectively, with each contract for a one-year period, for a minimum contract value of $50,000 and a maximum contract value of $1,500,000; and

BE IT FURTHER RESOLVED, that District staff will only assign Job Orders where an appropriated project budget or operating budget or identified funding source is available; and

Moved by Director , seconded by Director , and approved this 18th day of May 2021, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

129 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

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

City of Alameda Historical Advisory Board – Delisting Denial of 620 Central Avenue from Historical Building Study List

On May 6, 2021, the City of Alameda Historical Advisory Board held a public hearing to consider delisting the Alameda Federal Center site, the proposed McKay Wellness Center at 620 Central Avenue, from the Historical Building Study List. The applicant, Alameda Point Collaborative, also requested a Certificate of Approval to demolish two main buildings and four accessory structures on the project site. The Board denied the delisting but approved demolition of the buildings. The property is adjacent to the Park District’s former GSA property on McKay Avenue.

130 GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 18, 2021

D. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Assistant General Manager of Public Affairs Carol Johnson will present on the work of Public Affairs and the Regional Parks Foundation to engage with the Park District’s diverse communities through health and wellness programming.

GM COMMENTS Interpretive and Recreation Services Department Community Outreach: Staff hosted a safe, socially-distanced, in-person outing* for the Stay Healthy in Nature Everyday (SHINE) program at Martin Luther King Jr. Regional Shoreline for 18 participants.

North/West Region Coyote Hills: On April 3 and April 10, staff hosted 135 guests in the Visitor Center. In addition, staff led seventeen virtual programs serving 456 students and maintained an active social media presence.

Crab Cove: Since April 3, staff has resumed limited weekend operations at the visitor center, hosting 900 guests. Staff also led nine virtual programs for 485 students and three additional virtual programs for Lighthouse for the Blind, Casa Adobe, Rodeo Gateway Senior Group, and Contra Costa Hills Club, serving a total of 95 guests.

Mobile Education: On April 3, staff returned to in-person programming with the Stay Healthy in Nature Everyday (SHINE) partner program with UC Benioff Children’s Hospital. Eight families explored Martin Luther King Jr. Regional Shoreline with health practitioners and Interpretive staff.

Outdoor Recreation: Throughout the month of April, staff has hosted six virtual fishing, art, and Leave No Trace programs, serving 49 participants.

Tilden Nature Area: On March 30, staff published a video on dog safety in parks to the Park District and Tilden Facebook pages. Staff has also provided 34 virtual programs serving 820 students and increased the frequency and capacity for registered tours at the Little Farm, permitting tours 5 days per week with up to 60 registered guests hourly.

131 South/East Region Ardenwood Historic Farm: From March 15 to April 11, Interpretive staff led seventeen virtual school programs for 376 students, and maintained an active social media presence, featuring Facebook posts for Women’s History Month and César Chávez Day.

Big Break Visitor Center: On April 7, the Big Break/Black Diamond virtual internship started; the program serves high school students in partnership with the Contra Costa County Office of Education.

Black Diamond: From March 15 through April 11, staff posted 15 times on the park’s Facebook page, reaching 11,302 people with 10,823 engagements.

Community Services & Volunteers: On April 11, staff launched the 2021 Virtual Earth Day Celebration webpage where visitors can learn about the Sibley Redwood Reintroduction Project, joined a webinar with Doc Quack, and joined a Naturalist talk. The 2021 Volunteer Earth Month Neighborhood Cleanup is also included on the page. Both events will be open through May 31.

Del Valle Visitor Center: From March 15 to April 11, staff created seven posts to Facebook that reached 7,000 people and engaged 380 users. Naturalist staff led three virtual school programs for 65 students.

Sunol: From March 15 to April 11, naturalist staff created thirty-two Facebook posts and led fourteen virtual school programs for 335 students.

On April 2, naturalist staff, supported by Public Affairs, launched an updated Wildflowers In Your Parks webpage as well as a newly created virtual programs webpage for wildflower season at Sunol.

Park Operations Department Delta Unit Briones: During the months of March and April, staff located an unauthorized trail near the archery range; signage and barriers were installed to deter unauthorized trail use. Staff continues to work closely with Public Safety to encourage trail etiquette among park users, resulting in increased levels of protection for park wildlife habitat and species in the area.

Interpretive Parklands Unit Las Trampas: On March 15 through 19, park staff worked with the California Conservation Corps to prune back and chip trees at the Las Trampas service yard entrance, along Rocky Ridge Trail, in the Equestrian lot, and at the Chamise Trailhead.

132 Parkland Unit Anthony Chabot Park: On April 1, Kheystone Enterprises assumed management of the Chabot Equestrian Center. In preparation for this change, staff worked closely with Business Services to transition operations, including fencing and barn repairs and cleaning of the two on-site residences, from the long-term concessionaire.

Reinhardt Redwood: During late March, staff installed new signage at the intersection of East Ridge and Canyon trails in response to an increase in recent bicycle injuries and a large influx of new mountain bikers into the park.

Shoreline Unit Miller-Knox: In late March, staff began a large turf renovation project on the east side of the lagoon, including repairing and replacing old irrigation infrastructure, and ground preparation. Future work will include the addition of topsoil, leveling, and interseeding lawn areas with drought-tolerant species.

Lakes Unit Del Valle: In late March, staff prepared the west side picnic areas, trails, and Phase III and IV family campgrounds for the April 1 reopening.

Quarry Lakes: On March 22 through March 25, Civicorps assisted staff with preparing new holes for posts at the kiwi archway at the Rare Fruit Grove; and pulled buckthorn, Himalayan blackberry vines, and small palm trees from the parking lot islands.

Recreation Areas Recreation Areas Unit: In late March, staff focused on maintenance projects around the parks including preparing the areas for the upcoming swim season, repairing picnic tables, conducting hazardous tree assessments and contracts, and irrigation repair.

Diablo Foothills: Staff excavated more than five yards of soil from planter beds in the upper pool deck area to prepare the area for installation of new irrigation drip lines, emitters, and replanting of flower beds.

MAST Admin Unit As of January 2021, staff has processed 27 access permits, 10 amendments or extensions, and 1 Good Neighbor Access Permit.

Fleet Unit The equipment shops have been busy preparing new vehicles for service. In late March, the Tilden Equipment Shop successfully passed the quarterly COVID-19 compliance audit and they also received a Green Business recertification for 2021 in April.

In March, the Pacheco Equipment Shop completed the last Fire Department annual apparatus service.

133 During the months of March and April, department administration staff evaluated new Fleet Management Software systems in anticipation of replacing the outdated Square Rigger system; shop staff participated in the process and engaged in live online demonstrations.

*Note – All in-person engagements, open visitor centers, etc., adhere to all COVID-19 safety protocols.

134 NEWSCLIPS Park at former East Bay weapons site could be named for Black Supreme Court justice Thurgood Marshall defended the Port Chicago 50 while a civil rights lawyer By SHOMIK MUKHERJEE | [email protected] | PUBLISHED: May 11, 2021 at 5:58 a.m. | UPDATED: May 11, 2021 at 8:10 a.m. A cyclist rides his bike past the area designated to become a park during the Concord Regional Park Conveyance/Port Chicago 75th Anniversary event held at the former Concord Naval Weapons Station in Concord, Calif., on Saturday, July 13, 2019. (Jose Carlos Fajardo/Bay Area News Group) CONCORD — A large regional park planned at the former naval weapons station could be named after the Black civil rights lawyer and Supreme Court Justice Thurgood Marshall, who defended U.S. Navy servicemen in the 1940s after they were punished for protesting unsafe labor conditions. It would be the first park in Contra Costa County named for a Black person.

The Navy transferred most of 2,500-acre parkland to the East Bay Regional Park District in 2019 — one step in a much larger land-transfer process for the former weapons site. Originally named the Concord Hills Regional Park, the site could be given the official name “Thurgood Marshall Regional Park – Home of the Port Chicago 50” if adopted by the park district’s board of directors. An executive committee will meet Tuesday afternoon, where it could make a formal recommendation to the board for the new name.

“Staff supports a name that continues to educate the public about the deadly Port Chicago explosion, the bravery of the fifty men [who] took a stand against unsafe and unjust conditions, and the key role that the disaster and mutiny trial the played in the desegregation of the U.S. armed forces,” the committee’s agenda report says. Park officials had already intended to build a visitor center at the park commemorating the Port Chicago explosion of 1944, which killed 320 sailors and servicemen who were loading a heavy load of munitions onto a cargo vessel when it detonated.

In the disaster’s aftermath, the servicemen at the port — the majority of whom were Black, because the military was racially segregated during World War II — said their leadership had not been trained to oversee the handling of dangerous munitions. They refused to load more munitions until safer working conditions were established.

In retaliation, the Navy convicted 50 protesters of mutiny and sentenced them to 15 years in prison and hard labor. Marshall, then chief counsel of the National Association for the Advancement of Colored People, appealed their convictions with a strong legal defense.

135 Among his key arguments, Marshall pointed out that the Navy’s segregation policies ensured that Black men exclusively were expected to carry out the dangerous job of loading munitions. The men were eventually freed after the war, and Marshall’s advocacy ultimately led to desegregation of the military.

Part of the former Concord Naval Weapons Station, which includes 2,300 acres of open space land. (Steven Joseph/East Bay Regional Parks District) “Designation of this park as “Thurgood Marshall – Home of the Port Chicago 50” honors the bravery of the fifty men who organized to protest return to work orders and challenged the U.S. government,” says the staff report in Tuesday’s meeting agenda. “Without their bravery, the story of Port Chicago would not be known, and the advocacy of Thurgood Marshall would never come to be.

Marshall went on to become the first African-American Supreme Court justice.

When consulted by park district staff, residents broadly agreed with the idea of recognizing the the Port Chicago explosion. They also expressed interest in Native American park names. In the agenda report, park district staff recommend “potential programs” to highlight indigenous culture.

Park district staff did not provide comment by deadline on when the regional park in Concord is expected to open.

About two dozen labor, military and Black advocacy organizations have endorsed the name change, while a Change.org petition supporting the new name has received 890 signatures. The petition also calls for neighboring parks to be renamed after the Chupcan people, who are native to Concord. Victoria Adams, the president of the NAACP’s east Contra Costa County chapter, said in an interview that it was important to name the park after Marshall in remembrance of the “heroes who were brave enough to stand up for what is right.”

“It’s OK that our history is remembered along with everyone else’s,” Adams said. “And it’s OK that we have institutions named after people who have done important things — their stories need to be told.”

136 Park It: Richmond’s Point Pinole a good spot to beat heat that’s coming Over 2,400 protected acres cover fascinating natural, cultural history amid beautiful views By NED MACKAY | East Bay Regional Park District PUBLISHED: May 9, 2021 at 5:00 a.m. | UPDATED: May 10, 2021 at 5:29 a.m. D. Ross Cameron/staff archives A couple walks their dog previously at Point Pinole Regional Shoreline in Richmond, a great place to cool off as temperatures rise that offers beautiful views of San Pablo Bay, the East Bay shoreline and Mount Tamalpais in Marin County across the bay. As the East Bay Regional Park District’s open spaces heat up in the summer sun, a great place to cool off is Point Pinole Regional Shoreline in Richmond. Air-conditioned by breezes from San Pablo Bay, Point Pinole has lots to offer. Its 2,400-plus acres preserve and protect a fascinating cultural and natural history.

First of all, here’s how to get there. The park has three main entrances, all off Richmond Parkway. One is at the end of Atlas Road. Another is on Giant Highway. And the Dotson Family Marsh entrance is at the end of Goodrick Avenue. Point Pinole has a long and colorful history. Its original inhabitants were the Huchiun Ohlone tribe, who lived in what is now San Pablo but had a temporary camp at Point Pinole, where they stayed while gathering shellfish and other food. With the arrival of Europeans, the land was used for ranching and farming. In the late 1800s there was a Croatian fishing village in the area of the present Cook’s Point Trail.

The most unusual use of the area, though, was dynamite manufacturing. Between 1880 and 1960, Point Pinole was home to four explosives manufacturing companies. In part this was because public outcry after major production-related explosions elsewhere prompted the dynamite companies to seek a then-more remote location for their businesses.

Giant Powder, later bought by Atlas Powder Co., built a company town at Point Pinole. Rail lines crisscrossed the property, transporting product to a railroad station and pier for shipping to customers. Some of the rails were wooden, to reduce the chance of sparking.

137 Eucalyptus groves were planted as a buffer in case of explosions. In all, two billion pounds of dynamite and nitroglycerine were manufactured at Point Pinole.

Eventually the introduction of ammonium nitrate as a new explosive that was cheaper to produce put an end to dynamite manufacturing at the site. Atlas Powder closed its Point Pinole operation in 1960 and sold the land to Bethlehem Steel Co., which tore down most of the buildings and cleaned up the debris but never followed through on its plans for a steel plant. In 1971, the park district bought the first properties for today’s open space. All that remains as evidence of the park’s explosive past are building foundations and earthen berms where the dynamite was stored. There’s also a black powder press exhibited on the Cook’s Point Trail.

The park offers beautiful views of San Pablo Bay, the East Bay shoreline and Mount Tamalpais in Marin County across the bay. About 12 miles of trails lead along the shorelines and through the eucalyptus groves out to a 1,250-foot fishing pier. The terrain is mostly flat, for those who prefer more mild exercise. Please don’t allow dogs on the pier. A license is required to fish along the shore, but none is needed to fish from the pier. Possible catches include sturgeon, striped bass, bay rays, leopard sharks, perch and flounder. Check the rules posted at the pier entrance for size and take regulations.

There are lots of nice picnic areas in the park. And it’s a great locale for birding, along the shoreline or in the groves. There’s an overnight group camp available by reservation. All in all, Point Pinole is a great escape from summer’s heat. For the full story, visit the park district’s website, ebparks.org.

Online: Speaking of the website above, be sure to check it for the status of facilities before your visit to any regional park. Although some visitor centers are now open on weekends, you may need to make reservations online before you go.

138 139 The History of Vaccines Through an East Bay Regional Park by Julia Sizek May 4, 2021

The barn at Cutter Ranch before it became park land. (Photo courtesy Santos family)

The main draw of Sobrante Ridge Botanic Regional Preserve is the pallid manzanita (also known as Alameda manzanita), a California endangered plant species that only grows in the East Bay, and primarily at Sobrante Ridge and Huckleberry Botanic Regional Preserve. The distinctive smooth red bark of the manzanitas shines in the dappled sunlight, and the manzanita grove overlooks the San Pablo Bay as well as the housing developments in the El Sobrante valley.

I had gone to Sobrante Ridge looking for the rare manzanita as a distraction from the pandemic, but instead found myself drawn to a short paragraph on the park’s brochure about vaccines. It said that the land that was now the park used to be owned by Cutter labs in Berkeley, and that they used blood from large animals to produce vaccines. Rather than finding refuge from the pandemic in East Bay Parks, I found myself sucked into the story of Cutter Ranch, and discovered how Sobrante Ridge influenced the history of vaccines.

Pallid manzanita at Sobrante Ridge Regional Preserve. (Photo by Julia Sizek)

Dr. Frank Santos was born on the Cutter Ranch in 1938. His father, Frank Santos Sr., the eldest of nine children, was orphaned in 1918 when his mother died of the Spanish flu. Becoming the family patriarch at the age of 17, Santos Sr. turned to dryland farming on

140 land he leased in the Livermore Valley. Working with horses to plow his fields, he became recognized locally as a horseman, and as his son told me, “accumulated the knowledge that made him so valuable to Cutter lab.”

The Santos family moved to the Cutter Ranch in 1936 to manage the company’s growing operation, and Frank Jr. was born two years later. He fondly remembers his childhood at the ranch, from the nearby orchard where he’d pick apricots on horseback to the hogs that the family would raise and send to a German butcher to cure for them. He remembers the outings that the Cutter family would have to the ranch, at one point inviting the entire cast of the production of Oklahoma! for an afternoon barbecue. On other occasions, the Cutter family and company employees would come out to watch the three boys, Don, Russ, and Frank, show off their roping skills in an arena the company built. (Later, both Russ and Frank would have careers in rodeo, which Frank used to finance his veterinary school at UC Davis. The Santos family was inducted into the California Rodeo Hall of Fame in 2014.).

Frank Santos Sr. and Frank Santos Jr., age three. (Photo courtesy Santos family)

In the 1930s and 1940s, the Cutter Ranch was one in a string of ranches along what is now Castro Ranch road, on the southern edge of the small town of El Sobrante, whose name translates to the “leftovers,” since the El Sobrante filled in between other Spanish land grants.

The Cutter Ranch in El Sobrante was an extension of Cutter Laboratories’ operations in Berkeley. Founded in 1897, the lab bought a block for its production and research divisions in West Berkeley in 1903. Cutter Labs initially kept guinea pigs, mice, rats, pigeons, chickens, rabbits, sheep, goats, horses and cattle at a barn at the Berkeley facilities. The barnyard smells and sounds irked their neighbors, who complained at City Council meetings. The ranch offered a solution to this problem, offering space to store the animals they needed for veterinary vaccines and other materials they made. At the time, Cutter was a leader in veterinary vaccine production, producing popular and effective vaccines for common diseases like hog cholera, anthrax, and blackleg.

Much of Cutter’s early success came from improving veterinary vaccines already on the market. For example, the anthrax vaccine, which was already provided for free to ranchers by the government, was notoriously variable because of its production process, and required ranchers to round up their cattle twice to administer it. In contrast, the Cutter vaccine inoculated cattle just once with both an anthrax spore and a serum that came from cows who had already been administered the vaccine. As a result, cows not only had better protection against anthrax, but ranchers were able to expand into swampy areas where anthrax was rampant, like Los Banos, California, and swamps in Louisiana.

In the 1920s, Cutter expanded from veterinary vaccines to treatments for humans. Drawing on their expertise and animal testing, Cutter used animals to produce the materials that they sold. In

141 the early 1920s, the lab’s most important products were diphtheria and tetanus antitoxins that were used as treatment. At the time, diphtheria was one of the leading causes of death in children. The antitoxins came from horses. Cutter Labs would inoculate horses with small doses of the disease, eventually increasing their tolerance until the horses had high concentrations of the antitoxins. Then, the lab — or Frank Santos Sr, as ranch manager — would bleed the horses, and this blood would be processed and sent to hospitals to treat patients.

These serum horses, as Dr. Santos (Jr) called them, were largely considered disposable by the company, only useful inasmuch as they provided the blood the company needed for antitoxins. The lab got them from farms where the owners were switching to tractors, which rendered many working horses obsolete. The horses were sent by the trainload from places like Modoc County to the ranch in El Sobrante, where they would stay along with the cattle, hogs, and chickens that the Santos family kept. Within only a two decade span, however, the Cutter Ranch would become, as Dr. Santos put it, “outdated.”

By the late 1940s, the antitoxin serums that Cutter produced were no longer needed at hospitals. In 1948, the diphtheria, tetanus, pertussis (DTP) vaccine, which did not require as many large animals to produce, became standard, and cases of these diseases dropped. The surge in vaccine production in the 1950s also became what was known as the downfall of Cutter labs: the Cutter incident.

After the polio vaccine was licensed in 1955, the government told seven laboratories across the country to start producing the vaccine following Jonas Salk’s methods, and Cutter was the first to complete production. Cutter’s polio vaccine followed federal regulations but did not properly inactivate the virus, leaving activated viruses in the vaccine. The vaccinations caused more than 40,000 cases of polio, leaving 200 children with varying stages of paralysis and killing 10 before it was recalled, as physician Paul Offit describes in his book The Cutter Incident.

Today, the Cutter Incident is primarily remembered as a cautionary tale against rushing into vaccine production. Accounts of the Incident detail the importance of testing and safety in clinical trials, and argue that events like the Cutter Incident help explain vaccine hesitancy and anti-vaccination movements today. While the social effects of the Cutter Incident are today largely forgotten, the Incident had enormous downstream effects on how companies produce vaccines today.

After the Cutter Incident, Cutter was sued and found to be liable for what their faulty vaccine caused, and eventually settled cases for $3 million. The Cutter Incident was not only bad publicity for Cutter labs, but the court case set a legal precedent in liability without negligence. Under this standard, companies could be found liable for damage their vaccines caused even if they followed the guidelines set by the Food and Drug Administration. Offit argues that this caused legal precedents that “ironically… caused pharmaceutical companies to abandon existing vaccines and to reduce their efforts to develop new ones.” As a result of both liability and financial cost of vaccines after the Cutter Incident, vaccines became high-risk and low-reward for pharmaceuticals. By 2003, only 1.5 percent of global pharmaceutical sales were vaccines. Harvard postdoctoral fellow Nathaniel Moir, analyzing the Cutter case in the context of COVID- 19, argues that vaccines would likely never be produced without government intervention.

142 After the Cutter Incident, companies turned to other more profitable and less risky ventures — like pain medication and bug spray, for Cutter Labs — that would replace the role that vaccines had once played. Land became a less important part of Cutter’s business. Fred Cutter, one of the three sons of the founder and then vice president of the company, said that they no longer needed to raise horses to produce various serums, since new uses of developing treatments were just as effective and less land intensive.

In 1956, Cutter began to try to sell off the ranch, and an Oakland Tribune article reported that it would sell 416 acres of its land in El Sobrante adjacent to Castro Ranch as part of a larger housing development. At the time, speculation for land in El Sobrante was flourishing, as the I- 80 freeway was under construction and the cities of Richmond and San Pablo fought over the rights to annex portions of unincorporated El Sobrante in order to gain the tax revenue of new housing and freeway-related housing developments. Even as the sale failed, suburbanization was reaching the hills near Cutter Ranch.

Development plan for Sobrante Ridge and Cutter Ranch, 1982.

After Frank Santos Sr. died in 1959, Lucille and her son Don stayed on the ranch, with Don as manager. Eventually, both she and Don moved off the property, with Don managing it from afar. In 1980, Cutter Labs, now under the ownership of Bayer, sold the 416 acres of ranch for $1.65 million to Damé Construction Company. The appraiser noted that the property included “rolling hill land, barns, and old house of no value.”

143 Damé’s initial proposal had been to build 514 homes, with 440 on the flatlands and 74 on top of the ridgeline. The company annexed the development into the boundaries of Richmond with the hopes that the medium high home values would provide revenue to the city, which had lost money as a result of Proposition 13’s limits on property tax revenues. The city of Pinole opposed the proposed development on top of the ridgeline, which would be visible from Pinole and increase traffic.

Sobrante Valley, viewed from the regional preserve. (Photo by Julia Sizek)

The proposed ridgeline development also threatened the pallid manzanita, said Neil Havlick, who had worked on the acquisition for East Bay Regional Parks District. A botanist by training, Havlick was sent to a Richmond City Council meeting to comment on the value of the plant. He told me that he was afterward confronted by a “very angry” Carl Damé, who told him that “he was going to get even” with Havlick by calling his supervisor. Havlick was surprised when Damé later did the “gracious thing” of abandoning the ridgetop development, and was happy that the new 277 acre park was larger than what he had initially imagined to save the 20 acres of manzanitas alone. A later summary of the acquisition framed the compromise this way: “The westerly more hill portion was reserved for open space or park use, in order to pacify adjacent residents and get subdivision approval.”

On the documents finalizing the real estate plans in the 1980s, the name Cutter Ranch appears frequently to describe the parcel and label the area. But today, the traces of Cutter Ranch are harder and harder to find except in these documents. No cows graze the hills, and the Carriage Hills subdivision sits on top of what used to be the ranch.

Historic fenceposts, remnants of the old Cutter Ranch, in Sobrante Ridge Regional Preserve. (Photo by Julia Sizek)

When I visited the park a couple of weeks ago, I went to try to find the traces of the ranch. The old barns have been replaced by sub developments, but halfway down an old road leading to a powerline tower, I found a small bit of evidence—an old barbed wire fence in disrepair, of the right age and location that would have made it part of a far end of a pasture. In many ways, it was just a fence in disrepair, like hundreds I had seen throughout California marking old properties and pastures. Yet, on that day it seemed much more extraordinary as I thought about the vaccines that were on everyone’s minds, and the pandemic that had caused me to start visiting new parks in the first place. Rather than the escape that I had hoped to find in a local park, I instead found a forgotten story of how vaccines were made.

144 TUESDAY, MAY 4, 2021 East Bay Municipal Utility District declares Stage 1 drought BY EMMA TAILA | STAFF LAST UPDATED 1 DAY AGO

Jonathan Gross under CC BY-SA 2.0

The East Bay Municipal Utilities District, or EBMUD, Board of Directors declared a Stage 1 drought April 27, indicating a water shortage that has implications for both Bay Area residents and plant life.

The declaration followed the death of hundreds of acres of trees in the East Bay Regional Park District, which started in October, partially caused by the second- driest year of rainfall on record in the region.

“California is sort of a droughty place, and so with that Mediterranean climate it is sort of a regular period of seasonal drought, but what’s been happening lately are these large, wide-scale single and multi-year droughts,” said Jodi Axelson, campus assistant cooperative extension specialist in the department of environmental science, policy and management. “The combined effect of hotter temperatures with moisture stress is putting trees under novel stress, causing tree mortality.”

Axelson noted that drought can weaken trees to diseases or pests that would normally be manageable, but under extreme stress, can lead to death. She said climate change and forest management practices both played roles in last year’s wildfire season.

The declaration gives EBMUD the ability to obtain supplemental water from other sources and request residents to voluntarily decrease their water usage, according to EBMUD spokesperson Andrea Pook.

“EBMUD’s reservoir system is 69% full. This is enough to get through the next few years, but we will need customers to use water wisely so we can stretch supplies,” said EBMUD director Andy Katz in an email. “Most Berkeley residents are very efficient with their water use, so we’re asking residents to keep conserving.”

145 Katz added that the goal of these conservation efforts is to reduce water consumption by 10% and that the board will reassess conditions in the future. Depending on prevailing conditions, the board could lift the drought declaration or declare a further stage in 2022, according to Katz.

The last drought began in 2013 and became a Stage 4 Critical Drought in 2015, according to EBMUD.

“We need to be managing these forests with recognition of what their historical structures used to look like before we got good at suppressing fires,” Axelson said. “It’s complex, and there’s no silver bullets in this era of rapid change. It’s the way we interact and behave and the choices we make in our ecosystems.”

Katz noted that EBMUD is encouraging residents to save water by fixing leaks, washing full loads of laundry and using water only when rinsing while washing their hands. Axelson also recommended that residents plant native, drought-tolerant species and take steps to understand the signs of ecological stress on nearby plants.

Contact Emma Taila at [email protected] and follow her on Twitter at @emmataila

146 Mass tree death in East Bay parks raises alarm ahead of fire season

Drought is the likely culprit in the first die-back pattern researchers have seen in the Bay Area.

By Eden Teller May 2, 2021, 6 a.m.

Crews noticed a die-back of trees across East Bay Regional Parks in October 2020. Credit: US Forest Service, Pacific Southwest Research Station

A broad pattern of tree deaths across the East Bay Regional Park District has raised alarms for the park’s fire risk management team as the Bay Area enters an extreme drought and a high-risk fire season.

Around 1,000 acres of trees, from invasive eucalyptus and acacias to native pines and bay laurels, are dead or dying, according to the park district. That includes around 62 acres in Tilden, which is 2,079 acres total, and 624 acres in Anthony Chabot, which is 5,067. EBRPD totals 124,909 acres.

Researchers are posting updates on the Bay Area tree die-back “It’s bigger than the park district. It’s really a regional issue” affecting woodland throughout Alameda and Contra Costa counties and starting to affect areas in Marin and San Mateo counties, said Aileen Theile, EBRPD’s fire chief. And as a dry summer approaches, she added, “it’s quickly going to become a public safety issue.”

Park staff noticed the tree death and die-back in October 2020 while doing standard fire reduction and vegetation care in various areas of the parks. The increase in dead wood is “right in the middle of the wildland-urban interface,” which is particularly worrying for fire management, Theile said.

A map of tree mortality in the East Bay. Credit: East Bay Regional Park District

147 After noticing the tree damage last fall, EBRPD surveyed the parks from a helicopter to estimate its extent. It’s easy for visitors to the parks to spot the die-back: “All they really have to do is look up and east,” Theile said.

Crews have been hard at work everywhere from along Grizzly Peak Boulevard to the Brazil Building and Reinhardt Redwood Regional Park, removing low-hanging dead branches, clearing dead foliage and checking in with the Bay Area Air Quality Management District to burn the detritus quickly while conditions allow. In mid-May, there will also be a small prescribed burn in Tilden of an area that the park district has been monitoring and maintaining for years, Theile said.

“It’s obviously a dynamic and evolving situation, and we have a lot more to learn [but] doing nothing is not an option,” Theile said.

The EBRPD will use funds from Measures CC and FF (which voters passed in November 2018 to protect against wildfires, restore natural areas and maintain public access in regional parks) to tackle the costs of tree removal and continue surveillance and action against wildfire danger. Staff plan to ask the board of directors to approve a bid for funding from CalFire, FEMA and the Coastal Conservancy. “It’s not one and done, it’s constant maintenance,” Thiele said during an April 26 committee meeting. A table documenting tree mortality shown during an April 26 EBRPD committee meeting. Credit: East Bay Regional Park District

The wide variety of species that are struggling or dying, plus recent weather conditions and the geographic distribution of the die-backs, point to drought stress as a root cause, according to Natalie van Doorn, a research urban ecologist, and Susan Frankel, a plant pathologist, both at the US Forest Service’s Pacific Southwest Research Station in Albany. The stress of drought makes trees more susceptible to pathogens and parasites, such as two fungi that researchers have seen damaging many of the acacia in the recent die-off, van Doorn and Frankel said via email.

Since “problems of this type do not respect property boundaries, and resources are scarce,” multiple local, regional, state and federal organizations are working together to untangle this problem, van Doorn and Frankel said, including the USDA Forest Service, the UC Berkeley Forest Pathology and Mycology Lab, Cal Fire and EBRPD. Even small organizations like the Friends of Sausal Creek and Friends of Joaquin Miller Park are helping raise awareness and reporting patches of dead trees, they added.

148 Drought has caused problems for forests in California before. From 2012 to 2015, a severe drought in the Sierra Nevada killed 140 million trees, mostly conifers, van Doorn and Frankel said. Climate change-fueled heat waves magnified the impact of that drought and others across the state, according to climate researchers. However, the die-back noticed last fall is the first time researchers have seen a pattern of mortality and die-back in the Bay Area, the pair wrote.

Land managers and researchers have found damaged and dying trees across the East Bay, like these ones in Oakland, since October 2020. Credit: US Forest Service, Pacific Southwest Research Station

Some people use the terms “die-back” and “die-off” interchangeably, but distinguishing between trees that appear dead versus trees that are actually dead is surprisingly difficult, and the term “die-back” acknowledges that some of the trees may recover, van Doorn and Frankel said. Eucalyptus and acacia in particular are known to vigorously re-sprout after damage.

“The extent and severity of the die-back and die-off of trees in the Bay Area has not been fully documented yet, so it is difficult to compare to other die-off events. It may be that some of the trees recover, since the roots may not be dead,” van Doorn and Frankel wrote.

EBRPD’s work to manage the die-back shouldn’t affect visitors to Tilden or the district’s other parks unless high wind or other heightened fire danger events force the district to close a park, Theile said. And though the park may be closed, staff are still working to protect the land and the people living nearby.

This story was updated at 12:15 p.m. on May 4 to include a map of areas affected by the die- back, a list of acres impacted by park and more information from an EBRPD committee meeting.

149 150 151 Help your dog “Be a Pup Pro” on East Bay trails By Ned MacKay 4 days ago Posters at park trailheads help remind visitors to follow the rules for dog behavior. CONTRA COSTA COUNTY, CA — The other day we were sitting on a bench eating lunch at Sibley Volcanic Regional Preserve, when another hiker with two big, friendly dogs came past on the trail.

One of the dogs saw us and made a beeline for the food. My reflexes were fast enough that I covered our lunch just in time. Won by a nose.

Its owner called the dog back and all was well. But it did remind us of some dog-related rules of the road.

The park district has a “Be A Pup Pro” campaign under way. You’ve probably seen the posters at trailheads.

Basic themes The campaign has three basic themes:

• Bag it and bin it. Everyone is supposed to pick up after their pet has done its business. Deposit the waste in a trashcan. Please don’t just leave it trailside for someone else to deal with. • Leash your dog in designated areas. Such as parking lots, trailheads, picnic areas, paved trails, etc. Note also that dogs are not allowed at swim beaches or in some places that are wildlife sanctuaries. One example is Round Valley south of Brentwood, where dogs are prohibited because the park is habitat for the rare and endangered San Joaquin kit fox. Tilden Nature Area near Berkeley (just the nature area, not the entire park) is off-limits for dogs, too. Elsewhere, watch for signs indicating where dogs are prohibited or must be leashed. • Keep your dog safe. Leash your dog around cattle and horses. Some horses can be skittish with dogs, resulting in unsafe conditions for everyone.

152 In general, dogs are allowed off-leash in the regional parks, once you are away from the trailheads, as long as the dog is under voice control, which means it will return to its owner when called.

If a dog starts chasing wildlife or cattle, or has uninvited interactions with other park visitors (see above), the dog has to be put back on leash.

Your pet’s needs Be considerate of your pet’s needs. As the weather gets warmer, dogs can become overheated. After all, they are wearing permanent fur coats. And their main method of regulating their body temperature is by panting.

So carry enough water for Fido as well as for yourself. There are plenty of lightweight dog water dishes on the market, or you can use a one-gallon plastic zip bag.

Remember, too, that pavement can get very hot in the sun. And sharp, rocky surfaces are hard on paws.

There are special rules for dogs at Point Isabel Regional Shoreline in Richmond. Dogs are okay off-leash in the park. But carry a six-foot maximum leash and keep your dog on-leash in parking lots and on streets. Dogs must be under voice control and within your sight at all times. Clean up your dog’s waste and put it in the trashcans. Leash your pet if it shows aggressive behavior. Prevent your pet from digging or damaging the landscape.

In all the regional parks, anyone who walks or exercises a dog for a fee, or who walks more than three personal dogs, has to obtain and carry a revocable annual permit. For information on the dog permit program, call 510-690-6508. For more information on dog rules in the regional parks, check out the website, www.ebparks.org.

East Bay Regional Park District is a very dog-friendly agency. And a little common sense and common courtesy goes a long way towards assuring a pleasant park experience for dog owners and non-owners alike.

153 Wildlife officials investigate possible drone crash into bald eagle nest in Fremont By Jana Katsuyama Published 5 days ago

FREMONT, Calif. - Federal wildlife officials are examining evidence of a possible drone crash that might have hit a nest of two bald eagles, possibly injuring the offspring. Residents near Ardenwood Farm in Fremont took note of their new neighbors months ago, when the eagles first settled in a nest high up in a eucalyptus tree.

"We noticed this beautiful nest they been working on it since last year, every day they came back and make it bigger and stronger," said Virginia McCoy, a Fremont resident who has been watching the eagles for months.

McCoy's friend, photographer Dan Sarka, captured images of the pair of majestic eagles with his camera.

Eagle nest in Fremont. Photo: Dan Sarka

"They're so devoted to each other," said Dan Sarka of Union City, "They're working almost continuously building their home and going to the lake to capture food, so their survival is at stake."

The eagles were nesting, but on April 20, that suddenly changed.

"We noticed on the 20th that the eagles were very agitated, more than usual. And they were just flying all over the place," said McCoy.

"It was a shock," said Sarka.

Sarka looked over his photos of the nest and then noticed something strange. Something white tangled in the nest appeared to be a possible part from a drone.

154 Sarka says he immediately contacted the East Bay Regional Parks District.

Doug Bell, who holds a doctorate in zoology is the wildlife program manager at the East Bay Regional Park District.

"It was just shocking. It's something that should not happen," said Bell.

Bell alerted the Federal and State Departments of Fish and Wildlife. He says until April 19th, the eagles had appeared to be caring for young.

"The two adults were attending the nest. They were switching out and were brooding eggs or a small chick," said Bell, "If there were young chicks in the nest and the drone was keeping the adults away, they could be close to starvation."

Eagle nest in Fremont. Photo: Dan Sarka

Bell says drones are banned from all their parks.

Although bald eagles are no longer on the federal endangered species list, they are still on California's endangered list and have other federal protections. "It still falls under the Bald and Golden Eagle Protection Act," said Bell, who adds that violators can face a fine of up to $100,000 and one year in jail.

Bell says it is devastating to have the breeding disrupted.

"We're really looking at a 6 to a 9-month period from courtship until a fledgling," said Bell, "They basically have one shot a year at this."

"My husband and I have been outside and have seen drones flying around several times when we're here," said Beverly Angeles, a Fremont resident who lives in the neighborhood near the eagle nesting site at Ardenwood Farm, "I'm devastated that this happened."

155 The nest was situated too high even for a professional tree climber to access, so the parks district had to use a professional drone operator to get a look inside the nest Wednesday.

The initial images appear to show an empty nest, adding to the mystery of what might have happened to the eagles' eggs or chicks. Investigators are analyzing the photos.

Bell says if they do find a drone operator is to blame, that person could face penalties of a fine up to $100,000 and up to one year in jail.

156 Snapp Shots: Newcomer discovers East Bay gem, Tilden’s Little Farm Nephew befriends, bonds with Ramsey, a charming, ‘strong and powerful’ resident By MARTIN SNAPP | Columnist PUBLISHED: April 27, 2021 at 5:00 a.m. | UPDATED: April 27, 2021 at 6:01 a.m. photo courtesy of Russell Bogda Russell “Tres” Bogda appears recently with new friend Ramsey in the Little Farm at Tilden Regional Park near the Berkeley/Kensington border. My nephew, Russell “Tres” Bogda, moved to Albany a year-and-a-half ago after spending the first 28 years of his life in Los Angeles, and it didn’t take him long to fit right in. He’s already discovered Yoshi’s and The JazzSchool, he found a great pizzeria in Kensington named Benchmark that I never knew existed and he’s made a number of good friends.

And the best friend of all is a sheep. I’ll let him tell the story:

“My friends kept saying, ‘You’ve got to go check out Tilden Park,’ so I did. And I found this place called the Little Farm. There are cows, there are sheep, there are pigs; but the one I had the most connection with was a ram. He was in his own pen. I fed him some celery, and I thought he was really cute. There was an immediate connection, something about his warmth. He was almost like a dog; I could feel that energy about him.” Since then, Tres has kept going up to the Little Farm at the East Bay Regional Park District’s Tilden Regional Park near the Berkeley/Kensington border as often as possible and feeding celery to the ram, which he dubbed “Ramsey” (organic celery only, of course — nothing but the best for Ramsey.)

“But what started out as feeding a farm animal has turned into a friendship. He recognizes me when I come up to his enclosure. He walks up, and I pet him. I can pet him like a dog, I can give him a hug or a kiss, and he knows me.

157 “He always lets me pet him, celery or no celery. He will lie down next to me when I sit down. We sit side by side, me on one side of the fence and him on the other. I’ll talk with him, ask him about his day at the farm. He also likes taking selfies with me. We really enjoy each other’s company.”

Ramsey also loves playing games.

“I run back and forth in front of his pen, and he runs back and forth on the other side, chasing me. We have another game called Ram Horn; we charge each other but don’t actually hit heads. He knows his own strength, for the most part.”

Other times, Ramsey calmly stands still and lets Tres groom him.

“The rangers feed him hay, and he often has little bits stuck in his wool. I’ll pick out the hay and other weeds, and he really appreciates that.” Ramsey, a ram named after celebrity chef Gordon Ramsey, appears recently in the Little Farm at Tilden Regional Park near Berkeley. (photo courtesy of Russell Bogda) Tres is a student (and teacher) of the Enneagram. a psychological/spiritual system that illuminates the nine different types of human ego structures. He has co- authored a book called “The Art of the Enneagram.” And it turns out that the Enneagram works with animals, too. So I asked him, ‘Which number is Ramsey?” “He’s an eight,” Tres replied. “He is strong and powerful. He likes stalks of celery but not individual branches. He likes taking challenges head-on. He is not afraid to declare what he wants. He makes vocal noises or rams the fence if he is not happy. Usually, he’s wanting more celery or petting.”

P.S. Tres has also been getting to know the rangers at the Little Farm, and he recently found out what Ramsey’s official name is. It’s Ramsey, named after celebrity chef Gordon Ramsey.

“I did not know that,” says Tres. “They told me he is a very friendly ram, and I told them I knew that. He’s a soft, gentle ram, but also a very powerful ram. It’s like a visitation with him. I feel honored every time I see him, feeling the gentleness of his spirit but also his ram power. It’s almost a sacred ritual every time I go up there.”

158 Drone crashes into bald eagles nest in East Bay park tree Officials are investigating to determine if an eaglet was harmed By JOSEPH GEHA | [email protected] | Bay Area News Group PUBLISHED: April 27, 2021 at 1:49 p.m. | UPDATED: April 28, 2021 at 3:19 p.m.

FREMONT, CA – APRIL 27: A bald eagle takes flight from a nest at Ardenwood Historic Farm in Fremont, Calif., on Tuesday, April 27, 2021. East Bay Regional Park District officials and the California Department of Fish and Wildlife are investigating an incident where someone apparently crashed a drone into the nest. (Anda Chu/Bay Area News Group)

FREMONT — A drone apparently crashed into an eagles nest in a eucalyptus tree in Ardenwood Historic Park, displacing the majestic birds from their perch at least temporarily, officials said Tuesday.

But the bald eagles may not be gone for long. A park naturalist and a Bay Area News Group photographer witnessed one of them return to the nest for a minute or so late Tuesday afternoon before soaring off.

FREMONT, CA – APRIL 27: A bald eagle flies off from a nest at Ardenwood Historic Farm in Fremont, Calif., on Tuesday, April 27, 2021. East Bay Regional Park District officials and the California Department of Fish and Wildlife are investigating an incident where someone apparently crashed a drone into the nest. (Anda Chu/Bay Area News Group)

Authorities from the East Bay Regional Park District and the U.S. Fish and Wildlife Service, as well as the California Department of Fish and Wildlife, are investigating the incident and trying to determine whether there was an eaglet in the nest when the drone crashed, and if so whether it was killed or injured, park district spokesperson Dave Mason said.

“It appears the drone crashed into the nest,” Mason said, noting that parts of the device were found in the nest.

159 Mason said park neighbors or visitors alerted the district on Monday about the drone in the nest, although no one seems to know when the crash happened and who was responsible.

“We understand this is upsetting to the community. It’s upsetting to the district as well, as stewards of the environment and wildlife,” Mason said.

He said the two adult eagles first nested in the park last year, according to park district naturalists and biologists who monitor Ardenwood’s animals. The eagles had been displaying nesting behavior again recently and, prior to the one eagle’s brief visit Monday afternoon, they were last spotted in the nest by park staff on April 19, Mason said.

“They may have abandoned the nest, but obviously we’re investigating the situation to see what has actually taken place in that nest high up in the tree. Only time will tell if they come back, once the drone is removed,” Mason said.

Park staff said the nest is located in a eucalyptus tree grove along the park’s northern boundary, which adjoins a residential area.

“Drones are not allowed in (East Bay Regional Park District) parks for many reasons, including disturbing or potentially harming wildlife. This is a potentially very sad example,” Mason said.

Marie Susa, a bird enthusiast and photographer from Half Moon Bay, said the incident is “heartbreaking.”

Susa speculated that the person responsible was trying to take a close-up photo of the eagles.

“Let them grow and let the population grow here instead of people just having to get that image and post to social media,” Susa said Tuesday in an interview. She noted that many bird enthusiasts know to only take photos from the ground at a distance and not disturb the animals.

“Social media is not more important than having bald eagles repopulate in the Bay Area,” she said.

Bald eagles, while no longer considered endangered, are still a protected species under multiple federal laws, including the Bald and Golden Eagle Protection Act. That law says people must not “molest or disturb” the eagles and any violations could result in civil and criminal penalties, according to the U.S. Fish and Wildlife Service. The agency’s bald eagle management guidelines say if the birds are agitated by human activities, they may “inadequately construct or repair their nest, may expend energy defending the nest rather than tending to their young, or may abandon the nest altogether.”

Staff photographer Anda Chu contributed to this report.

160 Proposed Niles Canyon Trail would link Sunol and Fremont Aims to create bike, pedestrian access while preserving historic water, rail infrastructure by Julia Baum / Pleasanton Weekly Uploaded: Mon, Apr 26, 2021, 2:41 pm 9

The proposed 5.8-mile Niles Canyon Trail would run from east Fremont to unincorporated Sunol, as seen on this map from Alameda County Public Works Agency. (Courtesy image) Tri-Valley residents may one day be able to travel on foot or bike through Niles Canyon on a nearly six-mile proposed trail that would link the eastern end of Fremont and the unincorporated community of Sunol -- which Alameda County officials also said would ''preserve the historic water and rail infrastructure within Niles Canyon."

In a public update on the project last month, officials said, "Improving access in the canyon is a gateway to open space for Alameda County residents."

Rick Yeung of the Alameda County Public Works Agency, which has also partnered with the Public Utilities Commission and the East Bay Regional Park District for the project, told the Weekly that development of the 5.8-mile bicycle and pedestrian connection will use a combination of new trail sections, portions of the former Sunol Aqueduct, and existing railways for a route running from the Niles District in Fremont to Sunol.

"Much of Phase 1 from Niles to Palomares Road uses existing roadways for the trail," Yeung said. "Phase 2, which is from Palomares Road to the Niles Canyon Railway Yard

161 near Brightside, re-purposes the aqueduct as a trail for about 25% of the route. About 70% of Phase 3 from the Niles Canyon Railway Yard to Sunol requires the construction of new trail."

Yeung said planners may need to secure an easement to cross private property, "which would require payment for the full market value of the land," though a private landowner is not required to grant an easement.

The area in question is small, but Yeung said, "If this becomes an issue, the project will need to adjust the trail's location, which may increase construction cost and complexity."

With some parts of the proposed trail adjacent to the Niles Canyon Railway or Highway 84, or near steep slopes, features like retaining walls and a pedestrian bridge at Palomares Road will need to be built. Parts of the aqueduct will also get a layer of asphalt on the top surface, as well as a second concrete exterior wall and handrail for pedestrians.

Visitor parking at the existing Niles Plaza parking facility and the Alameda Creek Staging Area would be linked to the trail, along with a new parking area at Palomares Road and the future EBRPD Tyler Staging Area.

Because of "a significant increase in people experiencing homelessness within Niles Canyon over the last decade," Yeung said "unfortunately, this has led to illicit activity including the disposal of waste and toxic substances such as spray paint," and will require cleaning the canyon.

However, Yeung said officials believe the trail's development "will create 'eyes on the canyon' that will help to prevent encampments and illegal waste disposal."

"It is difficult to predict the number of trail users," Yeung said. "However, when looking at other regional trails in the Bay Area, we anticipate a peak of about 400 people on a nice weekend day."

According to Yeung, the entire trail "exceeds $100 million to complete," with the first phase at a total development cost of about $29 million. The Alameda County Transportation Commission, Alameda County, Metropolitan Transportation Commission, and city of Fremont have all provided funding for the project.

A source of construction funds has not been identified yet, but Yeung said "a project of this scale will likely receive a combination of funds from local, state, and federal sources."

The county is currently developing an environmental impact report; a scope session will be held in the early summer and open for public comment. To learn more about the project, visit www.nilescanyontrail.org.

162 Apr 23, 2021 The Trailblazers When Oakland native Kamala Harris made history as the first female United States vice president, we felt a deep measure of hometown pride. Her momentous achievement inspired us to pay tribute to other remarkable women from our region who have also broken new ground in different ways. We dedicate this special edition of Diablo to these phenomenal women who never cease to amaze us—and whom we’re privileged to call our neighbors. ------Guiding Our Open Spaces SABRINA LANDRETH EBRPD GENERAL MANAGER

The East Bay Regional Park District (EBRPD) is one of the region’s treasures, with some 125,000 acres of open space spread among 73 parks. So when Sabrina Landreth was named the Park District’s general manager, it was big news for several reasons.

One, she is the first woman to hold this position in the EBRPD’s 87-year history. And two, she succeeds the legendary Robert Doyle, who retired as general manager after a 47-year career with the Park District.

Landreth, who has deep roots in the Bay Area, built her career in local government; most recently, she served as city administrator in Oakland, directing operations for the city’s 25 departments and some 5,000 employees. Now, she comes to her new job at a critical time, when the EBRPD faces pressing issues that include wildfire threats and financial concerns stemming from the pandemic.

“I think the District can be the best local government agency in the country,” she says. “That’s one of the reasons I answered the call to come here. The District is ... uniquely situated to play a leadership role in helping to solve these problems.”

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163 Bay Area native pushes for East Bay parks to observe Juneteenth By Julian Glover Tuesday, April 20, 2021 OAKLAND, Calif. (KGO) -- He used his paintbrush to raise awareness about the movement for Black lives last June, now Deonta Allen is using his voice to push for the annual observance of Juneteenth throughout East Bay Regional Parks.

Allen fondly remembers Richmond's annual Juneteenth parade as a kid -- full of life, joy, happiness-full of freedom.

"I'm leaning on everyone in the community for this right now. Where there's people, there's power," said Allen.

Allen, an artist and East Bay Regional Parks employee, understands the power of the people.

He led the charge to paint "Black Lives Matter" in front of Richmond City Hall last year.

Now he's launched a change.org petition with more than 1,300 signatures urging the East Bay Regional Park District to make Juneteenth and observed holiday.

Each year Juneteenth, (a combination of the words June and 19th), is a commemoration of the abolition of slavery.

June 19th,1865 is the day Black Americans in Galveston, Texas finally learned of their freedom, two years after President Lincoln signed the Emancipation Proclamation.

"The history of Black people in general is such a significant part of American history. It's only right for it to be held at the same significance as other holidays," said Allen.

The petition requests Juneteenth be observed as a paid holiday for park employees (like Fourth of July and 13 other holidays), provide free admission and permits for the day throughout the district's 73 parks, and calls for the creation of educational programming for the public surrounding the day.

In a statement, East Bay Regional Parks District Spokesperson David Mason said the following:

164 "The Park District is committed to Diversity, Equity, and Inclusion and received a request from its employee labor organization, AFSCME Local 2428, at the April 6, 2021 board meeting, for Juneteenth to be a paid District Holiday. Modifications to Park District paid holidays are addressed through the District's labor negotiations process which covers holidays, wages, and compensation. The Park District Board of Directors is currently in labor negotiations with AFSCME Local 2428."

From San Francisco to Richmond, the Bay Area has a rich tradition of locally organized Juneteenth celebrations.

James Taylor, a political science professor at the University of San Francisco, called San Francisco's annual celebration one of longest running and oldest Juneteenth celebrations in the country.

The day commemorating freedom is increasingly being recognized by local governments and businesses.

In 2020 Santa Clara County made Juneteenth a paid holiday for employees as more Silicon Valley companies like Twitter did the same following protest over the police killing of George Floyd.

On the campaign trail last September, former President Donald Trump floated the idea of making Juneteenth a national holiday.

"This is sort of a two edged sword," said Taylor.

Taylor is skeptical of Juneteenth being made a national holiday.

"We can actually take something as specific as Juneteenth that is very specifically about African American abolition, and it will turn into something more safe, something popular," he said.

Taylor stressed he's in support of a national recognition for the abolition of slavery, but fears the importance of the day could be diminished if the focus isn't kept local.

He points to Dr. Martin Luther King's legacy being flattened to his famous 'I Have a Dream Speech' and confusion over King's birthday, often conflated with the annual observance of his birthday on third Monday of January.

Allen hopes this is the first step to wider community-based celebrations and remembrances.

"Let's celebrate freedom for everyone," he said. "I want you to reflect - that's what I'm hoping people do."

165