Board of Directors Board Meeting Packet

April 18, 2017 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX REGIONAL PARK DISTRICT

East Bay Regional Park District Board of Directors

BEVERLY LANE The Regular Session of the APRIL 18, 2017 President - Ward 6 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, DENNIS WAESPI 2950 Peralta Oaks Court, Oakland Vice President - Ward 3 AYN WIESKAMP Treasurer - Ward 5 ELLEN CORBETT Secretary - Ward 4 Respectfully submitted, WHITNEY DOTSON Ward 1 DEE ROSARIO Ward 2 COLIN COFFEY ROBERT E. DOYLE Ward 7 General Manager ROBERT E. DOYLE General Manager

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

REGULAR MEETING OF APRIL 18, 2017 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 11:00 a.m. ROLL CALL (Board Conference Room) meeting at District’s Administration Building, 2950 PUBLIC COMMENTS Peralta Oaks Court, Oakland, CA, commencing at 11:00 a.m. CLOSED SESSION for Closed Session and 1:00 p.m. for Open Session on Tuesday, April 18, 2017.

A. Conference with Labor Negotiator: Government Code § 54957.6 Agenda for the meeting is listed adjacent. Times for agenda Agency Negotiator: Robert E. Doyle, Ana M. Alvarez, items are approximate only and Eddie Kreisberg are subject to change during the meeting. If you wish to speak on Employee Organizations: AFSCME Local 2428, Police Association matters not on the agenda, you Unrepresented Employees: Managers and Confidentials may do so under Public Comments at the beginning of B. Conference with Legal Counsel: the agenda. If you wish to testify on an item on the agenda, please complete a speaker’s form and 1) Existing Litigation – Government Code § 54956.9 (d) (1): submit it to the Clerk of the Board. a) Coalition to Save vs EBRPD Alameda Superior Court A copy of the background Case No. – RG 16837854 materials concerning these agenda items, including any b) Seacliff at Pt. Richmond Owners Association material that may have been vs Toll Brothers et al. submitted less than 72 hours Contra Costa Superior Court before the meeting, is available for inspection on the District’s MSC 14-01267 website (www.ebparks.org), the Administrative Building c) The Armand Borel Trust reception desk, and at the Dated June 20, 1994, as Amended and Restated in 2008 meeting. Contra Costa County Superior Court Agendas for Board Committee Case No. – P0-01129 Meetings are available to the public upon request. If you wish C. Conference with Real Property Negotiator Regarding Price and/or to be placed on the mailing list Terms of Payment – Government Code § 54956.8 to receive future agendas for a specific Board Committee, 1) Agency Negotiator: Bob Nisbet, Liz Musbach please call the Clerk of the Board’s Office at (510) 544- 2020. APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Alameda County District facilities and meetings comply with the Americans with 905-0005-001-01; Lawrence Gosselin and Doolan Canyon Disabilities Act. If special 905-0005-006-02 Lorraine Rollins (Tr.) Regional accommodations are needed for you to participate, please 6550-6600 Collier Canyon Preserve contact the Clerk of the Board Road, Livermore as soon as possible, but 048H-7524-001-01 SJ Management, LLC Temescal to Sibley preferably at least three Skyline Blvd, Oakland Regional working days prior to the 3 Trail meeting. APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Contra Costa County 561-400-004; 561-400-009 Mt. Zion Enterprises, Bay 561-400-010 Inc. (formerly Castro Trail Stenmark Drive, Richmond Point, LLC)

1:00 p.m. OPEN SESSION (Board Room)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. PUBLIC COMMENTS

C. SPECIAL PRESENTATIONS

a. Oral History Presentation (Johnson)

1:15 p.m. D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of March 6, 2017 to March 19, 2017 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of April 4, 2017 (Barial Knight/Auker) (No Cost) c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) d. Authorization to Renew and Extend a Lease Agreement with the Department of the Army Under Base Realignment and Closure (BRAC): East Bay Gateway Regional Shoreline (Musbach/Holt/Nisbet) (Resolution) (Budgeted Funds/ Measure WW Funds) e. Authorization to Amend the Special Use License Agreement with Martinez Homing Pigeon Club: Radke Martinez Regional Shoreline (Patterson/O’Connor) (Resolution) (Revenue) f. Authorization to Amend the Telecom License Agreement with Vertical Bridge, LLC: (Patterson/O’Connor) (Resolution) (Revenue) g. Authorization to Purchase Ten Ford Vehicles from Downtown Ford Sales (McCrystle/O’Connor) (Resolution) (Budgeted Funds) h. Authorization to Amend the Special Use License Agreement with Martinez Sportsmen’s Club: Radke Martinez Regional Shoreline (Patterson/O’Connor) (Resolution) (Revenue) 4 i. Authorization to Amend the 2017 Budget and to Purchase Two Chevrolet Bolt Electric Vehicles from Winner Chevrolet (McCrystle/O’Connor) (Resolution) (Budgeted Funds) j. Authorization to Transfer and Appropriate Funds for the Remodel of Rocky Ridge Visitor Center: (Rasmussen/Auker/O’Connor) (Resolution) (Budgeted Funds/ Budget Change) k. Authorization to Modify Measure CC Project List and Transfer Funds for Service Yard and Access Improvements: District-Wide (Rasmussen/Barrington/Auker) (Resolution) (Budget Change/ Measure CC Funds) L. Approval of 2017 Risk-based Internal Audit Plan, and Confirmation of the Organizational Independence, with Qualification, of the Internal Audit Function (Sumner/Auker) (Resolution) (No Cost) m. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) (Spaulding/Auker) (Resolution) (No Cost)

1:30 p.m. 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition of 1.5 Acres in Fee Simple Absolute, a Public Recreational Trail Easement and an Emergency Vehicle and Maintenance Access Easement from Lawrence A. Gosselin and Lorraine D. Rollins: Doolan Canyon Regional Preserve (Musbach/Nisbet) (Resolution) (Budget Change/ Measure WW Funds) 1:45 p.m. 3. BOARD AND STAFF REPORTS

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

1:55 p.m. 4. GENERAL MANAGER’S COMMENTS

2:10 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

2:20 p.m. 6. BOARD COMMITTEE REPORTS

a. Finance Committee (3-22-17) (Wieskamp) b. Executive Committee (4-06-17) (Lane)

2:25 p.m. 7. BOARD COMMENTS

3:00 p.m. D. PUBLIC COMMENTS

3:05 p.m. E. ADJOURNMENT

5 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period March 6, 2017 Through March 19, 2017 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of March 6, 2017 through March 19, 2017.

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

6 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 4, 2017

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MARCH 6 2017 THROUGH MARCH 19, 2017

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 6, 2017 through March 19, 2017;

Moved by Director , seconded by Director , and adopted this 18th day of April, 2017 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

7 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting April 4, 2017 (Barial Knight/Auker)

8 Unapproved Minutes Board Meeting of April 4, 2017

The Board Meeting, which was held on April 4, 2017 at the East Bay Regional District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 11:05 a.m. by Board President Lane.

ROLL CALL

Directors Present: Beverly Lane, President Dennis Waespi, Vice President Ayn Wieskamp, Treasurer Ellen Corbett, Secretary Whitney Dotson Dee Rosario Colin Coffey Directors Absent: None.

PUBLIC COMMENTS:

There were 3 members of AFSCME 2428 who spoke during this portion of the meeting: Meadow D’Arcy, Sargent of Arms and Member of the negotiating team, Xiaoning Huang – Accountant I, CPA and Mark Pearson, President 2428. D’Arcy, Huang, and Pearson presented and entered into the record a letter, an email and two exhibits that depicted the Union vs. Management COLA and Salary Increase and Property tax increases from 2006 to 2017. Pearson spoke about contract negotiations and the bargaining unit’s requests.

At 11:15 am, the Board of Directors met in Closed Session to discuss those items outlined on the agenda.

The Open Session of the Board Meeting was called to order at 1:30p.m. by Board President Lane.

Staff Present: Robert Doyle, Ana Alvarez, Carol Victor, Jim O’Connor, Bob Nisbet, Tim Anderson, Liz Musbach, Alan Love, Carol Johnson, Kelly Barrington, Tiffany Margulici, Anthony Ciaburro, Alicia Gonzales, Jim Tallerico, Matt Graul, Julianna Schirmer, Mona Koh, Jeff Rasmussen, Ruby Tumber, Michael McNally, Erich Pfuehler

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

Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.

B. PUBLIC COMMENTS

There were no public comments.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR 9 Unapproved Minutes Board Meeting of April 4, 2017 By motion of Director Corbett, and seconded by Director Dotson, the Board voted unanimously to approve the balance of the Consent Calendar.

Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.

a. Approval of District Check Listing for the Period of February 20, 2017 to March 5, 2017 Resolution No. 2017 – 04 – 073 (attached)

Approval of the Minutes for the Board Meeting of April 4, 2017

c. Authorization to Negotiate with Various Property Owners Resolution No. 2017 – 04 – 074 (attached)

d. Authorization to Approve Grant Applications to the State Homeland Security Grant for Helicopter Equipment Upgrades: District-wide Resolution No. 2017 – 04 – 075 (attached)

Tim Anderson, AGM Public Safety introduced Sergeant Bill Probets, Chief Pilot, who gave the presentation on this item. Probets said the main purpose of the infrared camera is for searching for a missing person, suspects and victims. The camera detects heat emanating from the person which allows the helicopter to direct officers on the ground to the source of the heat. The current system is analog, outdated, and will no longer be supported. Probets added that outside assists are approximately 8.4% of their total flight time and costs the District money. President Lane remarked on the camera’s expense saying that the grant only provides 1/3 of the funds with the balance coming from general funds. Lane asked how often the camera has been used in the past. Probets replied that once it gets dark staff cannot search at night without the system. It is used almost every day. Director Rosario asked what happens if the grant is not received. Probets answered that District will have to get the money from another source as the current system is coming to the end of its life. Rosario asked is there an opportunity to purchase a used version. Probets replied a used version is not a viable option. GM Doyle added this is something that would compete with midyear or budget issues if we can’t get the grant. Director Wieskamp said that this will help when park users are lost. She asked how long the technology last. Probets answered the service life of this equipment is 12 years. Director Waespi asked how long the warranty is. Probets replied the warranty is approximately 1-2 years and is historically good.

e. Approval of Application for Grant Funds for Climate Investments Urban Greening Program for the Lone Tree Point and Shoreline Park Improvements: San Pablo Bay Shoreline Resolution No. 2017 – 04 – 076 (attached)

f. Resolution to Support AB 184 (Berman D-Palo Alto) Sea Level Rise Database for Planning Resolution No. 2017 – 04 – 077 (attached)

g. Resolution to Support AB 1433 (Wood D-Healdsburg) – Climate Adaption and Resilience Based on Nature Act Resolution No. 2017 – 04 – 078 (attached)

10 Unapproved Minutes Board Meeting of April 4, 2017 h. Resolution to Support AB 1608 (Kalra D-San Jose) Vibrant Landscapes for Climate, People and Multi Benefits Resolution No. 2017 – 04 – 079 (attached)

i. Resolution to Support SB 50 (Allen D-Santa Monica) – Protecting Federal Public Lands in California Resolution No. 2017 – 04 – 080 (attached)

j. Resolution to Oppose SB 234 (Berryhill R-Twain Harte) – Prohibiting Local Agencies from Regulating Fishing Resolution No. 2017 – 04 – 081 (attached)

k. Resolution to Support SB 249 (Allen D-Santa Monica) – Off Highway Motor Vehicle Recreation Resolution No. 2017 – 04 – 082 (attached)

L. Resolution to Support SB 287 (Dodd D-Napa) – Protecting Native Plants For Phytopthora Pathogens Resolution No. 2017 – 04 – 083 (attached)

m. Resolution to Support SB 365 (Dodd D-Napa) – Solano County Regional Park and Open Space District Resolution No. 2017 – 04 – 084 (attached)

n. Resolution to Support SB 720 (Allen D-Santa Monica) - Fire Ring Immunity for Public Entities Resolution No. 2017 – 04 – 085 (attached)

o. Resolution to Support H. Con. Res. 27 (Lowenthal D-CA) – America’s Federal Public Lands Belong to All Americans Resolution No. 2017 – 04 – 086 (attached)

p. Resolution to Support H.R. 502 (Grijavla D-AZ) – Permanent Land and Water Conservation Fund Authorization Resolution No. 2017 – 04 – 087 (attached)

q. Resolution to Support H.R. 1015 (Connolly D-VA) – Complete America’s Great Trails Act Resolution No. 2017 – 04 – 088 (attached)

2. FINANCE & MANAGEMENT SERVICES DIVISION

Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.

By motion of Director Wieskamp, and seconded by Director Rosario, the Board voted unanimously to approve Item 2a.

11 Unapproved Minutes Board Meeting of April 4, 2017 a. Authorization to Appropriate Major Infrastructure Renovation and Replacement Funds for Fiber Optic Network Upgrades: District-wide Resolution No. 2017 – 04 – 089 (attached)

Jim Tallerico, Chief Information Officer gave a PowerPoint presentation entitled, Fiber Communications Upgrade. Tallerico provided a history of the District’s communication systems over the past years; explaining the purpose of the upgrades are to improve voice and data communications performance at all District locations. AT&T has invested $1M of their own funds to deliver fiber connectivity to our park locations. Tallerico gave the Project Charter to upgrade electrical requirements, improve voice and data communications performance at all District locations, provide trenching, and aerial pathways. Tallerico mentioned the collaboration with other departments ASD, MAST Operations, External Contractors and AT&T. Tallerico highlighted that Pt. Pinole Regional Shoreline staff will finally obtain services.

Directors Coffey and Corbett asked about aerial vs. trenching. Tallerico explained that aerial are telephone poles and some locations will not permit aerial, so the lines are trenched. Trenching is preferred. Corbett asked if the people would react to the poles. Tallerico says that AT& T deals with the politics. District Counsel Victor explained for this type of utility connection it is regulated by federal law and municipalities have very little authority over utility placement.

President Lane complimented Tallerico. Lane asked how long the District will use fiber optics technology. Tallerico responded about 10 years, adding that the bandwidth is sufficient for the park district.

4. BOARD AND STAFF REPORTS

General Manager Doyle went over the item on the Actions by Other Jurisdictions report.

5. GENERAL MANAGER’S COMMENTS

General Manager Doyle introduced Erich Pfuehler, Government Affairs Manager. Pfuehler presented the Legislative Delegation and Policy Priorities Update for 2017 stating that Government Affairs is about relationships. There are external and internal relationships with a secondary audience of people who interact with electeds and are the point person in the relationship; Pfuehler is that person. Pfuehler highlighted success stories: Tiger II, Measure AA, Cap & Trade, and Dotson Marsh. Maps were shown of the Congressional Committee, the California State Senate and Assembly Committee. Committee Assignments broken down by Wards. Pfuehler touched on the Concord Naval Weapon Station, Land & Water Conservation Fund and Alameda Point Regional Shoreline, OHV Reauthorization, Endowments and Measure BB Implementation to name a few. Director Corbett mentioned trail funding money and FEMA money. Pfuehler will research if the District is eligible for the funds. GM Doyle said that it will be a process to identify what damage went with what storm. Doyle expressed his appreciation to Erich Pfuehler and to Lisa Baldinger, Legislative Assistant.

Director Lane inquired about the Black Diamond Booklet. Jim O’Connor answered he will make sure the Board Members receive a copy adding this booklet serves as a model to roll out for other parks. Director Coffey asked about the Delta trail meeting. Jim O’Connor explained that it was a meeting planned for alternate routes and he will have staff reach out to Coffey for an update.

12 Unapproved Minutes Board Meeting of April 4, 2017 6. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel announced there were no announcements.

7. BOARD COMMITTEE REPORTS

a. Executive Committee (3-02-17) (Lane)

8. BOARD COMMENTS

Director Lane reported on meetings attended. Director Lane  Attended the Operations meeting;  Attended the Byron Hot Springs Tour;  Attended the Natural and Cultural Resources meeting;  Attended the Regional Park Foundation meeting;  Attended the EBMUD Liaison Committee meeting;  Attended the Alameda County Special District Association meeting at Redwood;  Attended the Strategy Meeting on AB 898;  Attending Contra Costa County Mayors’ Conference;  Walked the Iron Horse Trail and drive down Bollinger. Lane commented on oral histories and how they are transcribed and stored. Lane will shop at Whole Foods April 5 where the Foundation will receive proceeds.

Director Wieskamp reported on meetings attended. Director Wieskamp  Attended the Finance Committee meeting;  Attended a tour with Fred Cortopassi at Shadow Cliffs;  Attended the Alameda County Special District Association meeting at Redwood;  Attended the Byron Hot Springs Tour;  Met with Erich Pfuehler, Olivia Sanwong PAC, and Juliana Schirmer of the Regional Park Foundation;  Attended the Pleasanton Chamber Community Awards;  Attended the State of the City of Fremont;  Toured with Nancy Krebs and Lynn Philpott at Ardenwood;  Attending Wildflower Festival at Sunol. Wieskamp commented on the Vasco water project adding a lot of credit should go to the park specialist who designed it. Wieskamp will shop at Whole Foods April 5 where the Foundation will receive proceeds.

Director Waespi reported on meetings attended. Director Waespi  Attended Alameda County Special District Association meeting at Redwood;  Attended the Byron Hot Springs Tour;  Attended the EBMUD Liaison Committee meeting;  Attended the State of the City of Fremont. Waespi complimented the Lake Chabot staff on their trail clean-up.

13 Unapproved Minutes Board Meeting of April 4, 2017 Director Dotson reported on meetings attended. Director Dotson  Attended the Finance Committee meeting;  Attended the Byron Hot Springs Tour;  Attended the Albany Film Festival;  Attended the Natural and Cultural Resources meeting;  Walked the Dotson Marsh. Dotson testified before Richmond City Council regarding possible development next to Pt Pinole. Dotson expressed a great opportunity for kids to be exposed to an area that is so majestic; he envisions a campground for horseback riding.

Director Corbett reported on meetings attended. Director Corbett  Attended the Byron Hot Springs Tour;  Attended the Operations Committee meeting;  Attended the Diversity Outreach meeting;  Attended Alameda County Special District Association meeting at Redwood;  Met with firefighters;  Attended the State of the City San Leandro;  Attended the PAC meeting;  Attended League of Women Voter Meet Your Elected Officials event;  Attending the Native Plant Sale on April 15;  Attending the City of Alameda Liaison meeting. Corbett thanked Mona Koh for the work that she is doing. Corbett is interested in fostering more relationships with Master Gardeners.

Director Rosario reported on meetings attended. Director Rosario  Attended a follow-up orientation with Bob Nisbet and staff;  Attended the Byron Hot Springs Tour;  Attended the Albany Film Festival;  Attended the Operations meeting;  Attended Alameda County Special District Association Meeting at Redwood;  Met with Firefighters from several counties;  Attended the Piedmont Hills Dedication;  Attended the Bay Nature Local Heroes Award ceremony;  Met with Lourdes Martinez, Alameda County United Defense of Immigrant Rights (ACUDIR);  Attended the Multicultural Committee meeting;  Attended the EBMUD Liaison Committee meeting;  Attended the Natural and Cultural Resources meeting;  Met with Susan Junfish, Parents For a Safer Environment. Rosario asked if they do computer modeling for storms and find out if they can do forecasting and determine how much water to let out of Del Valle. AGM O’Connor has already started the conversations.

Director Coffey reported on meetings attended. Director Coffey  Attended the Byron Hot Springs Tour;  Attended orientation with Clerk, CFO and District Counsel;  Attended the Finance Committee meeting;  Attended the Strategy Meeting re: AB898; 14 Unapproved Minutes Board Meeting of April 4, 2017  Met with Supervisor Mitchoff;  Hiked at Deer Valley;  Will hike around Roddy Ranch;  Meeting with Supervisor Glover. Coffey had remarks on the passing of Jack Knox, a friend and legend in the Park field.

D. PUBLIC COMMENTS

There were no public comments.

E. ADJOURNMENT

The meeting was adjourned in honor of Jack Knox at 3:45 pm. President Lane and GM Doyle remarked about this phenomenal legislator. Miller Knox Regional Shoreline Park was named in his honor.

Respectfully submitted:

/s/ Yolande Barial Knight Clerk of the Board

15 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 560-310-034; 560-320-002; City of Richmond Miller/Knox Regional and a portion of former Shoreline Richmond Ave. right-of-way NW Corner of Canal Blvd. and Seacliff Drive, Richmond

REVENUE/COST

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

BACKGROUND

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

ALTERNATIVES

No alternatives are recommended.

16 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 - 04 -

April 18, 2017

AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS

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

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

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on April 18, 2017; and

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 560-310-034; 560-320-002; City of Richmond Miller/Knox Regional and a portion of former Shoreline Richmond Ave. right-of-way NW Corner of Canal Blvd. and Seacliff Drive, Richmond

Moved by Director , and seconded by Director , and adopted this 18th day of April 2017, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

17 Acquisition, Stewardship & AUTHORIZATION TO NEGOTIATE Development Division Date: April 18, 2017

0 8 I- #

Hw y 4

Brentwood

0

8

6

- I-580 I 1 Hwy 24

MT. DIABLO STATE PARK

I - 8

0

I-80

I-5 80

I - 6 8 STA 0 CO TRA CON EDA ALAM

I- 580

San Francisco I - 8 Bay 8 0

92 Hwy Legend

Freeways

EBRPD Lands

4 Fremont 8 y County Boundary w H

0 5 ² Miles O:\GIS\MPeterson\Projects_2017\ASD\Land\A2Ns\4_18_2017.mxd

CONTRA COSTA COUNTY

Park/Trail: Miller / Knox Regional Shoreline 1 Owner: City of Richmond APN: 560-310-034-7; 560-320-002-2; and portion of former Richmond Avenue right-of-way. Location: Northwest corner of Canal Blvd and Seacliff Dr, Richmond

18 Page Left Blank Intentionally

19 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Renew and Extend a Lease Agreement with the Department of the Army Under Base Realignment and Closure (BRAC): East Bay Gateway Regional Shoreline (Musbach/Holt/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to renew and extend a Lease under Base Realignment and Closure (BRAC) for a 19.97-acre parcel (BRAC Parcel 1) located south of the Bay Bridge take-off on land that was formerly part of the . This action extends the prior Lease Agreement beginning October 1, 2013 and terminating September 30, 2018 through June 14, 2023; all other provisions and conditions thereof remain binding and in full force and effect.

REVENUE/COST

There is no direct expense other than staff time associated with the proposed Lease. Over the past 20 years, $110,000 in Measure AA acquisition funds from the McLaughlin Eastshore Allocation Area have been appropriated to project account Oakland Army Base/McLaughlin Eastshore Acquisition (CIP 208900BAAA) to fund staff time, $87,300 of which has been expended to date. More recently, as part of the 2017 budget planning process, $100,000 of Measure WW acquisition funds from the Gateway Shoreline Allocation Area have been appropriated to fund consultant services for remediation oversight, site planning, and completion of property conveyance. There will be significant related costs for infrastructure, site preparation, park development and operations upon conveyance of the property; no funding has yet been approved for this subsequent phase.

BACKGROUND

The Oakland Army Base (OAB) was placed on the federal base closure list in 1995. Thereafter, the Oakland Base Reuse Authority (OBRA) issued a request to public and non-profit agencies for reuse proposals that would benefit the general public. In August 1997, by Resolution No. 1997-8-193, EBRPD’s Board of Directors authorized application for a Public Benefit Conveyance of the subject property. In November of that year, by Resolution No. 1997-11- 267, the Board authorized the General Manager to enter into a Phase 2 agreement committing

20 the District to fund capital development and operating costs for a future park at this location. On July 17, 2001, the Board approved Resolution No. 2001-7-179 in support of an application to the certifying the District’s ability and willingness to fund, develop and maintain the park. The BRAC Parcel 1 area was subsequently approved for a Public Benefit Conveyance to EBRPD under a National Park Service, Department of the Interior sponsorship.

In July 2003, by Resolution No. 2003-7-154, the Board authorized the execution of a Lease in Furtherance of Conveyance (LIFOC) as an interim step in acquiring the BRAC Parcel 1. The Lease terminated in September 2008, was extended for one additional five-year term through September 2013, and was renewed for a second five-year period through September 2018 by Resolution No. 2015-03-076. The subject Lease before the Board today will extend EBRPD's leasehold interest in BRAC Parcel 1 through June 14, 2023, allowing additional time for the Army to complete its review and issue a Finding of Suitability for Transfer (“FOST”). Under the terms of the Lease, EBRPD acquires tenure but will have limited use of the property while the Army conducts its review and preparation for transfer.

The BRAC Parcel 1 provides excellent opportunities for habitat protection and enhancement, public access near the shoreline, as well as panoramic views of San Francisco, the and McLaughlin Eastshore State Park. Located on the spit south of Interstate-80 and the Bay Bridge, the parcel is a narrow strip consisting of approximately 13 acres of vacant upland and seven acres of submerged land. It is bounded on the south and west by the Oakland Outer Harbor, to the north by Caltrans maintenance facilities, and to the east by the former BRAC Parcel 2, now the site of the City of Oakland’s future maritime industrial complex known as the Trade and Logistics Center. Like other base closure sites, this project has proven to be very complicated and subject to many land use planning delays, regulatory agency approval issues and lack of public funding. While staff recommends approving the lease extension, there is no intent to delay or slow down efforts to resolve remaining issues and subsequent conveyance of BRAC Parcel 1 to EBRPD.

ALTERNATIVES

No alternatives are recommended.

21 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 18, 2017

AUTHORIZATION TO RENEW AND EXTEND A LEASE AGREEMENT WITH THE DEPARTMENT OF THE ARMY UNDER BASE REALIGNMENT AND CLOSURE (BRAC): EAST BAY GATEWAY REGIONAL SHORELINE

WHEREAS, the Oakland Base Reuse Authority issued a request for proposals for Public Benefit Conveyance of the Oakland Army Base for public purposes at no cost to the recipient; and

WHEREAS, on August 5, 1997 by Resolution No. 1997-8-193, the Board of Directors authorized application for a Public Benefit Conveyance of the portion of the Oakland Army Base known as BRAC Parcel 1; and

WHEREAS, on November 4, 1997 by Resolution No. 1997-11-267, the Board of Directors authorized the General Manager to enter into an agreement committing the District to fund capital development and operating costs for a future park at this location; and

WHEREAS, on July 17, 2001 by Resolution No. 2001-7-179, the Board of Directors approved a resolution to be used as part of an application to the National Park Service certifying the District’s ability and willingness to fund, develop and maintain said park; and

WHEREAS, the National Park Service subsequently approved the Public Benefit Conveyance of BRAC Parcel 1 to the East Bay Regional Park District; and

WHEREAS, on July 15, 2003 by Resolution No. 2003-7-154, the Board of Directors authorized the execution of a Lease in Furtherance of Conveyance (LIFCO) terminating in September 2013 with the Department of the Army for the subject BRAC Parcel 1 as an interim step toward acquiring fee title while the Army completed environmental testing and mitigation on the site; and

WHEREAS, on March 17, 2015 by Resolution No. 2015-03-076, the Board of Directors authorized the extension of the Lease through September 18, 2018; and

WHEREAS, staff has successfully negotiated a five-year lease renewal and extension through June 14, 2023 on the same terms as the prior Lease; and

WHEREAS, previously transferred and appropriated Measure AA acquisition funding from the McLaughlin Eastshore Allocation Area is available in project account Oakland Army Base/McLaughlin Eastshore Acquisition (CIP 208900BAAA) to fund staff time and related expenses and previously transferred and appropriated Measure WW acquisition funding from

22 the Gateway Shoreline Allocation Area is available in that same project account to fund remediation oversight, site planning and completion of conveyance; and

WHEREAS, under CEQA this project is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation; and

WHEREAS, the BRAC Parcel 1 provides excellent opportunities for habitat protection and enhancement, public access near the shoreline, as well as panoramic views of San Francisco, the Port of Oakland and McLaughlin Eastshore State Park;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the execution of a five-year lease renewal and extension with the Department of the Army for the BRAC Parcel 1 as a further step towards acquiring the subject property from the Army; and

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

Moved by Director , and seconded by Director , and adopted this 18th day of April 2017 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

23

ÅB(service road continues) B ! ! Å ! ! New Westbound Route 80 ! ! ÅB ! ! ! ! ! ! ! ! ! ! ! ! ! New Eastbound Route 80 ! ! ! ! ! ! ! ! ! ! ! Existing Burma Road

Proposed

24 Leased Premises BRAC 1 000-335-2 19.97 acres Vicinity Map

Wildcat Briones Miller/Knox

Tilden McLaughlin Eastshore State Park Huckleberry

Redwood

Crown Chabot Beach MLK, Jr. Shoreline

Oyster Bay

EAST BAY GATEWAY REGIONAL SHORELINE Acquisition, Stewardship & Oakland Army Base "BRAC 1" Parcel ´ Development Division March, 2015 U.S. Army Lease Under Base Realignment and Closure (BRAC) Feet t:/bstone/mxd projects/land acq/ 0 100 200 300 400 500 600 eg_OaklandArmyBase02-2015.mxd Page Left Blank Intentionally

25 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Amend the Special Use License Agreement with Martinez Homing Pigeon Club: Radke Martinez Regional Shoreline (Patterson/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee, by unanimous vote at its March 23, 2017 meeting, recommend that the Board of Directors authorize to amend the special use agreement with Martinez Homing Pigeon Club at Radke Martinez Regional Shoreline.

REVENUE/COST

The annual special use license fee will remain at $1,200.

BACKGROUND

The Martinez Homing Pigeon Club’s first Special Use License agreement with the District was approved by the Board in 1981 for twenty-five-years in 5-year term increments ending in 2006. The club’s second agreement was approved in 2007 and will expire on April 16, 2017. The original annual fee of $100 was increased to $1,200 annually in 2007.

The purpose of the agreement is to permit the club to use and maintain their building for their own use and to rent or permit other similar use of the building. The club will continue to maintain their building in accordance with District standards and guidelines. The District has provided and continues to maintain the communal parking area on the west side of the building for the club as well as the building next door owned by the Martinez Sportsmen Club. This area also provides parking for the nearby trailhead.

Staff recommends that the agreement with Martinez Homing Pigeon Club at Radke Martinez Regional Shoreline be amended to modify the agreement’s term end date for another ten years to April 16, 2027, as well as correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building.” All other terms and conditions of the Agreement dated April 17, 2007 shall remain in full force and effect and unmodified.

ALTERNATIVES

None recommended. 26 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 18, 2017

AUTHORIZATION TO AMEND THE SPECIAL USE LICENSE AGREEMENT WITH MARTINEZ HOMING PIGEON CLUB : RADKE MARTINEZ REGIONAL SHORELINE

WHEREAS, Martinez Homing Pigeon Club wishes to continue their special use agreement in Radke Martinez Regional Shoreline; and

WHEREAS, staff recommends an amendment to the Special Use License Agreement to extend the agreement’s term end date to January 1, 2028; and

WHEREAS, staff recommends modifying the agreement to correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building;” and

WHEREAS, the Board Operations Committee at its March 23, 2017 meeting reviewed and unanimously recommended approval of this amendment to the concession agreement by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes an amendment to the special use agreement with Martinez Homing Pigeon Club to extend the agreement’s end date to January 1, 2028 and to correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building;” 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 April, 2017, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

27 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Amend the Telecom License Agreement with Vertical Bridge, LLC: Briones Regional Park (Patterson/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee, by unanimous vote at its March 23, 2017 meeting, recommend that the Board of Directors authorize to amend the Telecom License Agreement (License) with Vertical Bridge, LLC at Briones Regional Park.

REVENUE/COST

The base License fee of $63,276 will increase 3% annually through the ten-year term. The annual road maintenance fee of $1,200 will remain the same.

BACKGROUND

Fourteen months before the end of Vertical Bridge’s Telecom License Agreement at Briones Regional Park, Vertical Bridge, LLC notified the District its wishes to continue the agreement. By mutual consent, the District and Vertical Bridge now wish to extend the term of the License ending January 27, 2018 for an additional ten-year term, through and including January 27, 2028. At Vertical Bridge’s request to lower the fee to market value, staff is recommending reducing the inflation factor of the fee from 5% to 3% to more closely align the fee to the Consumer Price Index. The beginning base License fee will be $63,276. The amount of the License fee shall be adjusted annually commencing with the first annual anniversary date of January 28, 2019.

As District staff have had no issues with the site or Vertical Bridge, staff recommends that the agreement with Vertical Bridge for a telecommunications License at Briones Regional Park be amended to modify the agreement’s effective date, January 28, 2018, for a ten-year term extension ending January 27, 2028. All other terms and conditions of the Agreement dated November 1, 2007 shall remain in full force and effect and unmodified.

ALTERNATIVES

None recommended.

28 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 18, 2017

AUTHORIZATION TO AMEND THE TELECOM LICENSE AGREEMENT WITH VERTICAL BRIDGE, LLC: BRIONES REGIONAL PARK

WHEREAS, Vertical Bridge, LLC wishes to continue their Telecom License Agreement in Briones Regional Park by extending the term of the License ending January 27, 2018 for an additional ten-year term with a reduced rate of fee acceleration; and

WHEREAS, after careful consideration and review, staff recommends an amendment to the Telecom License Agreement to modify the agreement’s term end date to January 1, 2028; and

WHEREAS, accept Vertical Bridge’s request to lower the fee to market value by reducing the inflation factor of the fee from 5% to 3% to more closely align the fee to the Consumer Price Index.; and

WHEREAS, the Board Operations Committee at its March 23, 2017 meeting reviewed and unanimously recommended approval of this amendment to the concession agreement by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes an amendment to Telecom License Agreement with Vertical Bridge, LLC to modify the agreement’s end date to January 1, 2028 and amend the fee annual increase paid to the District from 5% to 3%, beginning on January 1, 2018 at $63,276 to be coded to Account 101-5171-130-3782; 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 April, 2017, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

29 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

I. CONSENT CALENDAR

g. Authorization to Purchase Ten Ford Vehicles from Downtown Ford Sales (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of ten new Ford Vehicles from Downtown Ford Sales of Sacramento, California at a total cost of $301,190.

REVENUE/COST

For the purpose of purchasing replacement and additional fleet vehicles, funds have been allocated in the District’s 2017 Budget. Fleet Replacement Accounts, 101-5933-000-5375 (Rolling Stock <$25,000) and 101-5933-000-7505 (Rolling Stock >$25,000), Sunol Interpretative and Recreation Services Account 101-5241-547-7505 (Rolling Stock >$25,000), Public Safety Accounts 101-8120-000-7505 (Rolling Stock >$25,000) and 101-8210-000-7505 (Rolling Stock >$25,000), and Tilden Park Account 101-5121-105-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE, Account 101-5933-000-5375: Base Price $ 64,687 Fees & Delivery 626 Sales Tax 5,337 Total Encumbrance $ 70,650

PROPOSED ENCUMBRANCE, Account 101-5933-000-7505: Base Price $ 125,299 Fees & Delivery 1,045 Sales Tax 10,338 Total Encumbrance $ 136,682

30 PROPOSED ENCUMBRANCE, Account 101-5241-547-7505: Base Price $ 33,913 Fees & Delivery 209 Sales Tax 2,798 Total Encumbrance $ 36,920

PROPOSED ENCUMBRANCE, Account 101-8120-000-7505: Base Price $ 40,047 Fees & Delivery 209 Sales Tax 3,304 Total Encumbrance $ 43,560

PROPOSED ENCUMBRANCE, Account 101-8210-000-7505: Base Price $ 9,726 Sales Tax 802 Total Encumbrance $ 10,528

PROPOSED ENCUMBRANCE, Account 101-5121-105-7505: Base Price $ 2,633 Sales Tax 217 Total Encumbrance $ 2,850

TOTAL ENCUMBRANCE: Base Price $ 276,305 Fees & Delivery 2,089 Sales Tax 22,796 Total Encumbrance $ 301,190

BACKGROUND

The eight, new vehicles will replace District vehicles which are being retired due to age, high usage hours, and declining condition. Public Safety is partially funding the replacement of truck #157 for a diesel engine upgrade to facilitate the towing capacity needed to pull the recently purchased four horse trailer that replaced the smaller unit used in the past. One vehicle assigned to Tilden Park includes an approved park funded upgrade to 4WD. Two Ford vehicles are additions to the fleet, one assigned to Sunol Interpretative and Recreation Services for use as a Mobile Visitor Center, and one assigned to Public Safety for use as a mobile weapons range vehicle as per approved 2017 Budget Requests.

31 BLACK DIAMOND 2756 1997 TRK, FORD F350 1-TON DUMP 4WD BLACKDIAMOND 2984 2005 UTILITY, JEEP LIBERTY 4WD MINES ENVIR. GRAPHICS 2898 2002 VAN, DODGE B1500 RAM 2WD CARGO PUBLIC SAFETY 157 2009 PKUP, FORD F250 4WD CREW CAB TILDEN 2985 2005 PKUP, RAM 2500, 2WD, UTILITY BODY TRADES & CONST. NC 2904 2002 PKUP, DODGE BR2500 LONG BED 2WD TRADES & CONST. NC 2952 2004 PKUP, CHEV 2500, 2WD, UTILITY BODY TRADES & CONST. SC 3030 2007 PKUP, CHEV 2500, 2WD, UTILITY BODY

The new vehicles are available for purchase directly from Downtown Ford Sales by means of contract pricing established by the State of California, General Services Procurement Division, Contract #1-16-23-20A. 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.

32 Page Left Blank Intentionally

33 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 - 04 -

April 18, 2017

AUTHORIZATION TO PURCHASE TEN FORD VEHICLES FROM DOWNTOWN FORD SALES

WHEREAS, the District has included funding in its proposed 2017 Budget for the purchase of new rolling stock; and

WHEREAS, the District has the need to replace eight vehicles which are being retired due to age, high usage hours, and declining condition; and

WHEREAS, the District has the need to purchase two additional fleet vehicles, one assigned to Sunol Interpretative & Recreation Services for use as a Mobile Visitor Center, and one assigned to Public Safety for use as a mobile weapons range vehicle; and

WHEREAS, Downtown Ford Sales of Sacramento is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract #1-16-23-20A;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of ten Ford vehicles for a total cost of $301,190, with said sum to be encumbered from the 2017 Budget, $70,650 from Fleet Replacement Account 101-5933-000-5375 (Rolling Stock <$25,000), $136,682 from Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000), $36,920 from Sunol Interpretative & Recreation Services Account 101-5241-547-7505 (Rolling Stock >$25,000), $43,560 from Public Safety Account 101-8120-000-7505 (Rolling Stock >$25,000), $10,528 from Public Safety Account 101-8210-000-7505 (Rolling Stock >$25,000), and $2,850 from Tilden Park Account 101-5121-105-7505 (Rolling Stock >$25,000); and

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

Moved by Director , seconded by Director , and adopted this 18th day of April, 2017, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

34 Page Left Blank Intentionally

35 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Amend the Special Use License Agreement with Martinez Sportsmen’s Club: Radke Martinez Regional Shoreline (Patterson/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee, by unanimous vote at its March 23, 2017 meeting, recommend that the Board of Directors authorize an amendment to the Special Use License Agreement with the Martinez Sportsmen’s Club at Radke Martinez Regional Shoreline.

REVENUE/COST

The annual special use license fee will remain at $1,200.

BACKGROUND

The club’s first Special Use license agreement with the District was approved by the Board in 1981 for twenty-five years in 5-year term increments ending in 2006. The club’s second agreement was approved in 2007 and will expire on April 16, 2017. The original annual fee of $100 was increased to $1,200 in 2007. The purpose of the agreement is to permit the club to use and maintain the building for their own use and to rent or permit similar use of the building, including: hunter safety classes, community goodwill programs, and family members' gatherings. The club’s 135 members pay annual dues and meet for a once-monthly dinner; they also contribute to the local Sea Scouts, donate food to the needy, and provide an annual $1,000 scholarship to students.

The club will continue to maintain their building in accordance with District standards and guidelines. The District has provided and continues to maintain the communal parking area on the west side of the building for the club as well as the building next door owned by the Martinez Homing Pigeon Club. This area also provides parking for the nearby trailhead.

District staff recommends the current special use agreement with the club be amended to extend the agreement for ten years in term increments of five years. The club will continue to

36 pay $1,200 annually. The agreement will also be amended to correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building.” All other terms and conditions of the Agreement dated April 17, 2007 shall remain in full force and effect and unmodified.

ALTERNATIVES

None recommended.

37 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 18, 2017

AUTHORIZATION TO AMEND THE SPECIAL USE LICENSE AGREEMENT WITH MARTINEZ SPORTSMEN’S CLUB: RADKE MARTINEZ REGIONAL SHORELINE

WHEREAS, Martinez Sportsmen’s Club wishes to continue their Special Use License Agreement in Radke Martinez Regional Shoreline; and

WHEREAS, staff recommends an amendment to the Special Use License Agreement to extend the agreement’s term end date to January 1, 2028; and

WHEREAS, staff recommends modifying the agreement to correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building;” and

WHEREAS, the Board Operations Committee at its March 23, 2017 meeting reviewed and unanimously recommended approval of this amendment to the concession agreement by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes an amendment to the Special Use License Agreement with Martinez Sportsmen’s Club to extend the agreement’s end date to January 1, 2028 and to correct terminology in the first paragraph of the agreement from “use of a building” to “use of Licensee’s building;” 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 April, 2017, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

38 Page Left Blank Intentionally

39 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Amend the 2017 Budget and to Purchase Two Chevrolet Bolt Electric Vehicles from Winner Chevrolet (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the amendment of the 2017 budget for the purchase of two Chevrolet Bolt electric vehicles from Winner Chevrolet of Colfax, California at a total cost of $72,602.

REVENUE/COST

For the purpose of purchasing replacement fleet vehicles, funds have been allocated in the District’s 2017 Budget, Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE: Base Price $ 67,052 CA Tire Fee 18 Sales Tax 5,532 Total Encumbrance $ 72,602

Following this purchase, the District will receive a total of $20,000 in the form of two rebates provided by the California Air Resources Board (CARB) Clean Vehicle Rebate Project (CVRP). It is proposed that the 2017 Budget be amended and these rebate funds, when received, be appropriated to Account 101-5933-000-7505 (Rolling Stock >$25,000). These funds will be used for the purchase and installation of the electric vehicle charging station at Coyote Hills Visitor Center, the purchase and installation of an additional electric vehicle charging station at Peralta Oaks, and towards the purchase of other fleet replacements.

40 BACKGROUND

These two Chevrolet Bolt electric vehicles will replace District vehicles #123 and #163, gas powered Ford Focus station-wagons, respectively assigned to Planning and the Coyote Hills Visitor Center, which are being retired due to age and declining condition.

The Chevrolet Bolt electric vehicle was recently added to the CA State Bid Contract on February 16, 2017 and the CARB CVRP rebate became available to California public fleets beginning March 1, 2017 as a Public Fleet Pilot Project. The conversion of these two fleet vehicles from gas to electric power is also in keeping with the District’s ongoing effort to reduce its dependency on fossil fuels and to reduce its carbon footprint overall.

The new Chevrolet Bolt electric vehicles are available for purchase directly from Winner Chevrolet by means of pricing established by the State of California, General Services Procurement Division, Contract #1-16-23-10D. 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.

41 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 - 04 -

April 18, 2017

AUTHORIZATION TO AMEND THE 2017 BUDGET AND TO PURCHASE TWO CHEVROLET BOLT ELECTRIC VEHICLES FROM WINNER CHEVROLET

WHEREAS, the District has included funding in its 2017 Budget for the purchase of new rolling stock; and

WHEREAS, the District has the need to replace two fleet vehicles which are being retired due to age and declining condition; and

WHEREAS, the use of electric vehicles where appropriate will help the District in its commitment to energy conservation and greening the fleet; and

WHEREAS, Winner Chevrolet of Colfax, California is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, contract #1-16-23-10D; and

WHEREAS, this purchase will entitle the District to receive two rebates totaling $20,000 from the California Air Resources Board (CARB) Clean Vehicle Rebate Project (CVRP) which will be appropriated to Account 101-5933-000-7505 (Rolling Stock >$25K) for the purchase and installation of an electric vehicle charging station at Coyote Hills Visitor Center, the purchase and installation of an additional electric vehicle charging station at Peralta Oaks, as well as towards the purchase of other fleet replacements;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of two Chevrolet Bolt electric vehicles for a total cost of $72,602, with said sum to be encumbered from the 2017 budget, Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000); and

BE IT FURTHER RESOLVED, that California Air Resources Board (CARB) Clean Vehicle Rebate Project (CVRP) rebate funds in the amount of $20,000 will be appropriated to Account 101-5933-000-7505 (Rolling Stock >$25K) for the purchase and installation of an electric vehicle charging station at Coyote Hills Visitor Center, the purchase and installation of an additional electric vehicle charging station at Peralta Oaks, as well as towards the purchase of other fleet replacements; 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.

42 Moved by Director , seconded by Director , and adopted this 18th day of April, 2017, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

43 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Transfer and Appropriate Funds for the Remodel of Rocky Ridge Visitor Center: Del Valle Regional Park (Rasmussen/Auker/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer and appropriation of $815,000 for the remodel of the Rocky Ridge Visitor Center at Del Valle Regional Park.

REVENUE/COST

SOURCE OF FUNDS Existing Budget, Remodel Visitor Center (522400) $600,000 Transfer from Whole Access (535600) $300,000 Transfer from Exhibit Lab, Exhibit Materials (101-3121-000-5161) $115,000 Appropriation from Major Infrastructure Renovation Fund (553) $400,000 NEW BUDGET Remodel Visitor Center (522400) $1,415,000

BACKGROUND

At the 2016 Board Workshops, the Operation Division shared with the Board a plan for the renovation and expansion of visitor centers District-wide. One of the priorities from the plan was the expansion and remodeling of the Del Valle Rocky Ridge Visitor Center. The 2017 budget included $600,000 for construction of the project (522400). The District’s architect has reviewed the project. Additional repairs to the roof, wood siding and $300,000 in ADA improvements are required. The architect estimates the cost of construction to be approximately $1.3 million.

In addition, the 2017 budget also included $115,000 for the Exhibit Lab to create exhibits for the improved visitor center. Transfer of the exhibit funds from the annual operating budget to the project will allow the work to follow the construction over the next few years. The budget for exhibits will be a total of $425,000. An additional $315,000, from a 2017 mid-year budget request, budget request for 2018, grants or the Regional Parks Foundation will be needed to

44 complete the exhibits.

ALTERNATIVES

No alternatives are recommended.

45 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017-4-

April 18, 2017

AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS FOR THE REMODEL OF THE ROCKY RIDGE VISITOR CENTER: DEL VALLE REGIONAL PARK

WHEREAS, at the 2016 Board Workshops, the Operation Division shared with the Board a plan for the renovation and expansion of visitor centers District-wide; and

WHERAS, one of the priorities of the plan was the expansion and remodeling of the Del Valle Rocky Ridge Visitor Center; and

WHEREAS, the 2017 budget included $600,000 for construction of the project (522400) and the District’s architect has reviewed the project and estimates the cost of construction to be approximately $1.3 million, including approximately $300,000 in ADA improvements; and

WHEREAS, the 2017 budget also included $115,000 for the Exhibit Lab to create exhibits for the improved center and transfer of these funds from the annual budget to a project budget will allow the work to follow the construction over the next few years;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the transfer of $115,000 from the Exhibit Lab budget (101- 3121-000-5161) and the transfer of $300,000 from Whole Access (535600) and the appropriation of $400,000 from Major Infrastructure Fund to Remodel Visitor Center project (522400) per the Budget Change Form attached hereto;

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 April, 2017 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

46 Page Left Blank Intentionally

47 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X Between Funds X From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Account Account Name: Expense: Account Name: Expense: OTA Fund-Design Name: Expense: OTA Fund-Interp and and Construction-District Wide- Recreation Unit-Del Valle-Services- Services-Whole Park Access A1 &A2 Remodel Visitor Center-General Fund- Issues-General Fund- Contracted Site Assessment Services Account: 336-7120-000-6191 / Account: 336-5210-203-6191 / 522400 535600 DS10 - 009 $ 300,000 DS10 - 002 $ 10,000 Account Name: Expense: Account Name: Expense: OTA Fund-Interp and Recreation Unit-Del Valle-Services- Remodel Visitor Center-General Fund- Design/Project Admin

Account: 336-5210-203-6191 / 522400 DS10 -003 $ 10,000 Account Name: Expense: Account Name: Expense: OTA Fund-Interp and Recreation Unit-Del Valle-Services- Remodel Visitor Center-General Fund- Design/Project Management

Account: 336-5210-203-6191 / 522400 DS10 -004 $ 20,000 Account Name: Expense: Account Name: Expense: OTA Fund-Interp and Recreation Unit-Del Valle-Services- Remodel Visitor Center-General Fund- Outside Charges

Account: 336-5210-203-6191 / 522400 DS10 -006 $ 115,000 Account Name: Expense: Account Name: Expense: OTA Fund-Interp and Recreation Unit-Del Valle-Services- Remodel Visitor Center-General Fund- Construction Contract

Account: 336-5210-203-6191 / 522400 DS10 -009 $ 260,000

T:\BOARDCLK\BOARD MATERIAL\2017\7 - April 18, 2017\S DRIVE\D-1-j FIN 522400 Remodel VC Del Valle 48 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X Between Funds X From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X Between Funds X From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: General Account Name: Expense: Account Fund-Creative Design Unit-District Name: Expense: OTA Fund-Interp and Wide-Supplies Recreation Unit-Del Valle-Services- Remodel Visitor Center-Major Infrastructure Renovation and Replacement- Consultants Account: 336-5210-203-6191 / 522400 Account: 101-3121-000-5161 $ 115,000 MIRR - 005 $ 100,000 Account Name: Expense: Account Name: Expense: OTA Fund-Interp and Recreation Unit-Del Valle-Services- Remodel Visitor Center-Major Infrastructure Renovation and Replacement- Contracted Services Account: 336-5210-203-6191 / 522400 MIRR - 009 $ 300,000 Transfer Between Funds Account Name: Expense: General Account Name: Expense: Other Than Fund -Non Departmental-District Asset Fund -Non Departmental-District Wide_Transfer Out Wide_Transfer Out

Account: 101-9110-000-9980 $ 115,000 Account: 336-9110-000-9980 $ 515,000 Account Name: Expense: Major Infrastructure Renovation and Replacement Fund -Non Departmental-

Account: 553-9110-000-9980 $ 400,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on April 18, 2017 the General Manager authorizes the appropriation and, or, transfer of General Fund and Major Infrastructure Renovation and Replacement funds between projects 535600 and 522400, as outlined on the form above for improvements to the Del Valle Rocky Ridge Visitor Center. As approved at the Board of Directors Meeting on date: 4/18/2017 Board of Directors Resolution Number: 2017-04- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2017\7 - April 18, 2017\S DRIVE\D-1-j FIN 522400 Remodel VC Del Valle 49 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Modify Measure CC Project List and Transfer Funds for Service Yard and Access Improvements: District Wide Rasmussen/Barrington/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer of current budgets to more appropriate MAST and JOC projects. The majority of the transfer ($217,362) is available due to a remaining balance on a limited staff position, which is no longer necessary.

REVENUE/COST

This action will authorize the transfer of $217,362 from Manage Renovations and Repairs (#521300) to Improve Service Yard Storage (#591000) and modify Measure CC project list to transfer $26,000 from Install Waterline and Restroom (#155700) to Improve Access (#152700) at Wildcat Canyon and replace the $26,000 from District-wide Vaults and Sewers. No new appropriations are requested in this action.

Account Code Current Budget Change Final 591000-DP12 $1,868,140.54 $217,362.08 $2,085,502.62 521300-DP12 $500,000.00 ($217,362.08) $282,637.92 155700-MCCT $207,647.00 ($26,000.00) $181,647.00 535900-MIRR $500,000.00 ($26,000.00) $474,000.00 155700-MIRR $181,647.00 $26,000.00 $207,647.00 152700-MCCT $50,000.00 $26,000.00 $76,000.00 Total $3,307,434.54 $0.00 $3,307,434.54

BACKGROUND

In 2012, the District issued $25 million in Promissory Notes to fund the improvement of service yards and other buildings District-wide. The Maintenance and Skilled Trades Department has made good progress in completing over $1.9 million in service yard improvements District-wide. The funds to Manage Renovations and Repairs (#521300) were for a limited term Administrative Analyst I used to administer the program. The position is currently vacant due to the retirement

50 of the incumbent employee. MAST staff is not recommending further utilization of the position. The approved FTE being eliminated. The remaining $217,362.08 in the account will be transferred to the account used for implementation of actual projects (#591000). The final projects from this account will be administered by existing staff from the Maintenance and Skilled Trades Department.

On January 10, 2017, the Board authorized the modification of the Measure CC list to transfer $50,000 from (Line #77) Improve Access at Wildcat (#152700) to (Line #49) Install Waterline and Restroom at Wildcat (#155700), Resolution 2017-1-009. Staff request the transfer of $26,000 back to Improve Access at Wildcat (#152700) for the Job Order Contracting quote of $75,644.96 to improve access at the Clark/Boas staging area.

ALTERNATIVES

No alternatives are recommended.

51 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017-04-

April 18, 2017

AUTHORIZATION TO MODIFY MEASURE CC PROJECT LIST AND TRANSFER FUNDS FOR SERVICE YARD AND ACCESS IMPROVEMENTS: DISTRICT-WIDE

WHEREAS, in 2012, the District issued $25 million in Promissory Notes to fund the improvement of service yards and other buildings District wide; and

WHEREAS, the Maintenance and Skilled Trades Department has made good progress in completing over $1.9 million in service yard improvements District wide; and

WHEREAS, the funds to Manage Renovations and Repairs (#521300) were for a limited term Administrative Analyst I used to administer the program and the position is currently vacant and FTE is being eliminated; and

WHEREAS, the remaining $217,362.08 in the account will be transferred to the account used for implementation of actual projects (#591000) and the final projects from this account will be administered by existing staff from the Maintenance and Skilled Trades Department; and

WHEREAS, on January 10, 2017, the Board authorized the modification of the Measure CC list to transfer $50,000 from (Line #77) Improve Access at Wildcat (#152700) to (Line #49) Install Waterline and Restroom at Wildcat (#155700), Resolution 2017-1-009; and

WHEREAS, staff request the transfer of $26,000 back to Improve Access at Wildcat (#152700) for the Job Order Contracting quote of $75,644.96 to improve access at the Clark/Boas staging area;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the transfer of $217,362.08 from Manage Renovations and Repairs (#521300) to Improve Service Yard Storage (#591000) and the modification of the Measure CC list to transfer $26,000 from (Line #49) Install Waterline and Restroom at Wildcat (#155700) to (Line #77) Improve Access at Wildcat (#152700) and transfer $26,000 from District Wide Vaults and Sewers (535900-MIRR) back to Install Waterline and Restroom at Wildcat (#155700) per the Budget Change Form attached hereto;

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 April, 2017 by the following vote:

52 FOR:

AGAINST: ABSTAIN: ABSENT:

53 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Account Name: Account Name: Expense: Account Expense: OTA Fund-MAST Unit-District Name: Expense: OTA Fund-MAST Unit- Wide-Services-Manage Renovation and District Wide-Services-Improve Service Repairs-2012 Promissory Note Funds- Yard Storage-2012 Promissory Note Contracted Services Funds- Contracted Services

Account: 336-5910-000-6191 / 521300 Account: 336-5910-000-6191 / 591000 DP12 - 009 $ 217,362 DP12 - 009 $ 217,362 Account Name: Expense: Account Name: Account Name: Expense: Capital Fund- Expense: OTA Fund-MAST-District Wide- Parklands Unit-Wildcat Canyon-Work in Services-Vaults and Sewers - Major Progress-Install Waterline and Restroom- Infrastructure Renovation and Replacement Major Infrastructure Renovation and - Contracted Services Replacement - Consultants

Account: 336-5940-000-6191 / 535900 Account: 333-5120-178-7020 /155700 MIRR - 009 $ 26,000 MIRR - 005 $ 26,000 Account Name: Expense: Capital Fund- Account Name: Expense: Capital Fund- Parklands Unit-Wildcat Canyon-Work in Trails Program-Wildcat Canyon- Work in Progress-Install Waterline and Restroom- Progress -Improve Access- Measure CC - Measure CC - Contracted Services Contracted Services

Account: 333-5120-178-7020 /155700 Account: 333-7340-178-7020 /152700 MCCT - 009 $ 26,000 MCCT - 009 $ 26,000 Transfer Between Funds Account Name: Expense: Other Than Account Name: Expense: Capital Fund- Asset Fund -Non Departmental-District Non Departmental-District Wide-Transfer Wide_Transfer Out In

Account: 336-9110-000-9980 $ 26,000 Account: 333-9110-000-3980 $ 26,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on April 18, 2017 the General Manager authorizes the appropriation and, or, transfer of Measure CC and Major Infrastructure Renovation and Replacement funds between projects 152700, 155700 and 535900. The resolution also moves MIRR funding from project 521300 to 591000.

As approved at the Board of Directors Meeting on date: 4/18/2017 Board of Directors Resolution Number: 2017-04- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2017\7 - April 18, 2017\S DRIVE\D-1-k FIN 591000 and 152700 Svc Yards and Wildcat 54 Page Left Blank Intentionally

55 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

L. Approval of 2017 Risk-based Internal Audit Plan, and Confirmation of the Organizational Independence, with Qualification, of the Internal Audit Function (Sumner/Auker)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote at its March 22, 2017 meeting) recommend that the Board of Directors approve the 2017 Internal Audit Plan, and confirm organizational independence of the internal audit function.

REVENUE/COST

There is no cost associated with this action.

BACKGROUND

2017 Risk-based Internal Audit Plan The internal audit function provides an independent and objective assurance and consulting activity that is guided by a philosophy of adding value to improve the operations of the District. It assists the District in accomplishing its objective by bringing a systematic and disciplined approach to evaluate and improve the effectiveness of the organization’s risk management, control and governance processes. Each year the annual internal audit plan is presented to the Board for approval.

The 2017 internal audit plan is comprised of projects prioritized by level of financial risk, which is defined as a set of circumstances that hinder achievement of objectives. A risk-based auditing approach is required per Standard #2010 of the Institute of Internal Auditors (IIA) International Standards for the Professional Practice of Internal Auditing. The annual risk assessment process involves understanding the entity and its environment (including internal controls), performing analytical procedures, observation and inspection, consideration of staff and management input and the establishment of a formal rating system, which is used to demonstrate risk level of major activities of the District.

The annual audit plan includes an assessment of cash collection sites (on a rotating basis), monitoring the results of a prior year audit project, examination of concessionaires and review of major revenue and expenditure categories are endeavored to be audited each year.

56 As a result of the risk assessment process a sample of several District activities will be audited during the course of the year. The 2017 audit plan includes a review of Shadow Cliffs solar panel installation project, and the District’s Financial System (OneSolution) security relating to Human Resource and Payroll, and examining compliance with the provisions of concession agreement pertaining to Oakland Strokes, Inc. MLK, Jr. Estuary use, Redwood Valley Railway Corporation, Mudpuppy’s Tub & Scrub, and Mudpuppy’s Sit & Stay Café.

The internal audit plan has been presented to the Board Finance Committee and is unanimously recommended for full Board of Directors approval.

Organizational Independence

Based on the current District reporting structure, the internal audit function is assigned within the Finance Department and administratively reports directly to the Assistant General Manager of Finance and Management Services/Chief Financial Officer.

IIA Standard #1100 requires that the internal audit activity must be independent, and internal auditors must be objective in performing their work.

The Interpretation of IIA Standard #1100 defines independence and objectivity as follows:

“Independence is the freedom from conditions that threaten the ability of the internal audit activity to carry out internal audit responsibilities in an unbiased manner. To achieve the degree of independence necessary to effectively carry out the responsibilities of the internal audit activity, the chief audit executive (i.e., audit manager) has direct and unrestricted access to senior management and the board.”

“Objectivity is an unbiased mental attitude that allows internal auditors to perform engagements in such a manner that they believe in their work product and that no quality compromises are made. Objectivity requires that internal auditors do not subordinate their judgment on audit matters to others.”

The IIA Standard # 1110 requires that the chief audit executive (i.e., audit manager) must confirm to the board, at least annually, the organizational independence of the internal audit activity.

The District does comply with IIA Standard #1110 Interpretation, which states:

“Organization independence is effectively achieved when the chief audit executive (i.e., audit manager) reports functionally to the Board”.

In compliance with the District’s Internal Audit Charter, the Audit Manager reports administratively to the CFO and functionally to the Board.

Consequently, the organizational independence of the internal audit activity is confirmed with qualification.

ALTERNATIVES None are recommended.

57 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 18, 2017

APPROVAL OF 2017 RISK-BASED INTERNAL AUDIT PLAN, AND CONFIRMATION OF THE ORGANIZATIONAL INDEPENDENCE, WITH QUALIFICATION, OF THE INTERNAL AUDIT FUNCTION

WHEREAS, internal audit is an independent function established to provide assurance and consulting activity, providing value to improve the operations of the District; and

WHEREAS, Institute of Internal Auditors International Standards for the Professional Practice of Internal Auditing (Standard) #1110 requires organizational independence for the internal audit function; and

WHEREAS, in compliance with Standard #1110, organizational independence must be confirmed annually to the Board; and

WHEREAS, within the District’s current organizational structure the internal audit function is within the Finance Department and administratively reports directly to the Assistant General Manager of Finance and Management Services/Chief Financial Officer which provides minimal independence in fact or appearance; and

WHEREAS, according to Standard #1110, organizational independence can be achieved through a two-step reporting relationship, whereas the Audit Manager reports functionally to the Board and administratively to the CFO; and

WHEREAS, the District’s Internal Audit Charter specifies that the Audit Manager report functionally to the Board, which incorporates the requirement that the Board approve the annual risk-based internal audit plan; and

WHEREAS, the 2017 Internal Audit Plan was reviewed by the Board Finance Committee on March 22, 2017 and unanimously recommended to the full Board for approval;

NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the 2017 Internal Audit Plan; and confirmation of the organization independence, with qualification, of the internal audit activity; and

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

58 Moved by Director , seconded by Director , and this 18th day of April 2017, by the following vote:

FOR:

AGAINST: ABSENT: ABSENT:

59 EAST BAY REGIONAL PARK DISTRICT FINANCE DEPARTMENT 2017 INTERNAL AUDIT WORK PLAN

Selected Projects Review of Oakland Strokes, Inc. MLK Jr. Estuary use Verify lessee's compliance with financial terms of the lease agreement.

Review of Del Valle Marina, Camp Store, and Two Food Concessions * Verify concessionaire's compliance with the contract terms.

Review of Capital Improvement Project No. 152600 Shadow Cliffs Solar Panels installation Verify propriety of accounting transactions and functionality of internal controls.

Review of Lake Chabot Regional Park Cash Handling Procedures * Verify functionality of internal controls, safeguarding of assets, and compliance with administrative requirements.

Review of the District's Financial System (OneSolution) security relating to HR & Payroll Review and assess propriety of access controls setup, to ensure safeguarding of assets.

Review of Redwood Valley Railway Corp. Concession Verify concessionaire's compliance with the contract financial terms.

Review of Mudpuppy's Tub & Scrub Concession Verify concessionaire's compliance with the contract terms.

Review of Mudpuppy's Sit & Stay Café Concession Verify concessionaire's compliance with the contract terms.

Review of Outback Adventures Concessionaire at Del Valle * Verify concessionaire's compliance with the contract terms.

Review of Tilden Merry-Go-Round Concession * Verify concessionaire's compliance with the contract terms.

Routine Projects Review of Contracts and RFPs Review, revise and refine text of the proposed contracts & RFPs. Perform financial review, protect the District's best interest and assist with vendor selection. Requested by: Management and staff. Review of Measure WW Local Grant Projects Verify propriety of payment requests submitted to the District's Grants Department. Requested by: Grants Department

* Project field work was started in 2016. Audit report will be issued in 2017.

60 Page Left Blank Intentionally

61 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday April 18, 2017

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) (Spaulding/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors approve the attached Resolution taking the following actions: 1. Initiating proceedings for the 2017-18 fiscal year operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including the related Zones of Benefit (ZB): a. ZB-1 (Five Canyons) b. ZB-2 (Dublin Hills) c. ZB-3 (Walpert Ridge) d. ZB-4 (San Ramon Hills) e. ZB-5 (Stone Valley) f. ZB-6 (Gateway Valley/Sibley Volcanic)

2. Appointing NBS as Engineer of Work for the Two County LLD; and

3. Instructing NBS to prepare an Engineer’s Report for the operation of the Two County LLD for the 2017-18 fiscal year.

REVENUE/COST

All costs of operating the Two County LLD are paid from assessment and interest revenues. Since the inception of the Two County LLD, costs associated with the regional trail maintenance and support has exceeded assessment revenues collected. In 2017, Two County LLD Fund expenditures are budgeted at $5,504,210 with projected revenue of $4,034,000.

The 2017 appropriations for the six zones of benefit total $105,500. Total 2017 assessment revenue is budgeted at $163,800 with budgeted interest earnings of $1,500.

62 BACKGROUND

The District’s regional trail system enjoys widespread citizen appreciation and support throughout its Two County jurisdiction. Various funding sources are available for the acquisition of regional trails. However, regional trail maintenance and operations are funded solely through property assessments and the General Fund.

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

The assessment rate of $5.44 per equivalent dwelling unit was authorized and has remained unchanged over the years. In 1995, multi-unit parcels were added to the assessment at $2.72 per unit. Last year, there were 356,763 Alameda County and 296,424 Contra Costa County parcels. Additionally, there were 199,494 assessable multi-family residential parcels in Alameda County and 75,546 in Contra Costa County.

Subsequent to the formation of, and within the boundaries of the Two County LLD, zones of benefit were developed to address specific trail maintenance priorities for certain development projects, including the following:  Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994 and currently includes 1,089 assessable units, which were assessed $44.19 each in fiscal year 2016-17.  Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996 and currently includes 582 assessable units, which were assessed $31.98 each in fiscal year 2016-17.  Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in 1998 and currently includes 472 assessable units, which were assessed $142.60 each in fiscal year 2016-17.  San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established in 1999 and currently includes 140 units, which were assessed $39.98 each in fiscal year 2016-17.  Stone Valley Zone of Benefit (ZB-5), near Las Tampas Regional Wilderness Area, was established in 2006 and currently includes 39 assessable units, which were assessed $166.35 each in fiscal year 2016-17.  Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the City of Orinda, was established in 2007 and currently includes 211 assessable units, which were assessed $98.96 each in fiscal year 2016-17.

In 1996, in accordance with the provisions of Proposition 218, the continuation of the assessment rate and services by the Two County LLD was approved by the voters of Alameda and Contra Costa counties. Continuation of this assessment requires that the Board of Directors annually initiate a statutory process to sustain the Two County LLD operation and Zones of Benefit for the next fiscal year (July 1, 2017 to June 30, 2018). The District has a contract with the engineering

63 firm NBS to prepare the required Engineer’s Report and to provide administration services. Accordingly, the Board of Directors is requested to take the following action:

1. Approve the attached Resolution with initiates the Two County LLD process for the 2017-18 fiscal year;

2. Appoint NBS as the Engineer of Work;

3. Instruct NBS to prepare an Engineer’s Report for Fiscal Year 2017-18.

ALTERNATIVES

No alternatives are recommended.

64 Page Left Blank Intentionally

65 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04-

April 18, 2017

APPROVAL OF RESOLUTION INITIATING PROCEEDINGS AND ORDERING FILING OF ANNUAL REPORT FOR ALAMEDA COUNTY/CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972)

WHEREAS, the East Bay Regional Park District (District) Board of Directors formed the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) on June 1, 1993; and

WHEREAS, the Two County LLD will complete its fiscal year of operation on June 30, 2017; and

WHEREAS, the requirement for the operation and maintenance of the District’s regional trails system within the Two County LLD boundaries continues to exist for the 2017-18 fiscal year (July 1, 2017 through June 30, 2018); and

WHEREAS, the District, in operating the Two County LLD, has taken effective action to implement the work program as defined in the 2016-17 fiscal year Engineer’s Report;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: 1. Designates NBS as the Engineer of Work for the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District; 2. Directs NBS to file an annual Engineer’s Report in accordance with the provisions of the Landscaping and Lighting Act of 1972; 3. Adopts this resolution pursuant to Section 22622 of the Streets and Highways Code of the State of California.

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

Moved by Director , seconded by Director , and adopted this 18th day of April, 2017, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

66 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition of 1.5 Acres in Fee Simple Absolute, a Public Recreational Trail Easement and an Emergency Vehicle and Maintanence Access Easement from Lawrence A. Gosselin and Lorraine D. Rollins: Doolan Canyon Regional Preserve (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to enter into an option, purchase and sale agreement (Agreement) with Lawrence A. Gosselin (50% interest) and Lorraine D. Rollins (50% interest) (Sellers) for the purpose of acquiring the following property rights as part of Doolan Canyon Regional Preserve: 1) a 1.5-acre portion in fee; 2) a public recreational trail easement; and 3) an emergency vehicle and maintenance access (EVMA) easement. The General Manager also recommends the transfer and appropriation of Measure WW acquisition funds for the option payment and related acquisition costs. The property is located at 6550 and 6600 Collier Canyon Road, Livermore, in an unincorporated area of Alameda County immediately east of Doolan Canyon Regional Preserve.

REVENUE/COST

The 1.5-acre partial fee acquisition and the two easements may be acquired for $264,400, the appraised fair market value, plus acquisition costs as described below. Pursuant to the Agreement, an initial option payment of $20,000 (Option Payment) shall be deposited into escrow immediately upon full execution of the Agreement.

On or before October 30, 2017, the Park District shall complete its due diligence to determine its ability to satisfy specified conditions precedent as set forth in the Agreement. Upon satisfaction of these conditions precedent, the Park District shall instruct that $10,000 of the total $20,000 Option Payment be released from escrow to Sellers. The $10,000 shall be non- refundable to the Park District, but shall be applicable to the purchase price in the event the Park District is able to satisfy the remaining conditions precedent. The Park District shall have until November 30, 2017, to exercise the option. The Park District shall have until December 20, 2017 to close escrow.

67 The various property rights are proposed to be acquired with partial funding by a grant from the Alameda County Altamont Landfill and Resource Facility Open Space Advisory Committee (Committee). Staff will request authorization from the Board to submit a grant funding application to the Committee in support of this proposed acquisition at a subsequent Board meeting.

This Board action authorizes the transfer and appropriation of $18,200 of Measure WW acquisition funds for the Doolan Canyon allocation area. These funds augment the previously appropriated budget of $45,000 from the same funding source by Board Resolution Nos. 2016- 06-131, approved on June 7, 2016, and 2016-12-305, approved on December 6, 2016. The funds will be used for the option payment and associated acquisition expenses currently totaling $63,200, as follows:

SOURCE OF FUNDS Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00) $63,200 TOTAL CURRENT PROJECT COST $63,200

USE OF FUNDS Gosselin-Rollins/Doolan Canyon Regional Preserve Acquisition (CIP 242800) Option Payment $20,000 Appraisals 13,200 Staff Time 30,000 TOTAL CURRENT PROJECT COST $63,200

A request for approval of the exercise of option and funding for remaining acquisition costs will be submitted to the Board at a future Board meeting.

BACKGROUND

On May 6, 2014, by its Resolution No. 2014-05-098, the Board of Directors authorized staff to begin negotiations with the Sellers for the acquisition of a 1.5-acre portion of their property, a public recreational trail access easement, and an EVMA easement over the subject property in order to stage and access Doolan Canyon Regional Preserve from Collier Canyon Road. The subject property over which the proposed rights will be acquired is comprised of two irregularly shaped parcels currently used for ranching: APNs 905-0005-001-01 and 905-9995-006-02, with a combined land area of 141 acres.

The subject property has direct access from Collier Canyon Road, which is approximately 2,700± feet east of the Park District’s Doolan Canyon Regional Preserve. Collier Canyon Road is the main north/south arterial in the area connecting Interstate 580 with Highland Road to the north. In this area, Collier Canyon Road is a two-lane, undivided, public road without shoulder improvements. The 1.5-acre fee simple portion of the property to be acquired is located at the entrance to the subject property and is at grade with Collier Canyon Road.

68 The proposed easements are to be located along the southernmost portion of the larger subject property in order to lessen their impact to the existing equestrian facilities and future plans for the main ranch as much as possible. The larger property contains numerous equestrian structures and several modular residences for caretakers of the property. Other improvements include various paddocks, a covered arena, storage sheds, an outside arena and other related structures. The proposed 1.5-acre fee simple portion of the larger property to be acquired, 56,540-square foot recreational trail easement and 57,560-square foot EVMA easement do not encroach upon the existing improvements.

The County zoning for the subject property is “A” Agricultural with a minimum lot size of 100 acres. The General Plan designation for the larger subject property is Resource Management, which also requires a minimum lot size of 100 acres. The current uses of the subject property conform to the zoning and County General Plan designation. The property is currently encumbered with a Williamson Act contract.

Acquisition of the proposed property rights as described herein will provide the Park District with public access into Doolan Canyon Regional Preserve from Collier Canyon Road and potential use of the Preserve for hiking, horseback riding and bicycling. The proposed EVMA easement will also provide a secondary access for staff and emergency vehicles into Doolan Canyon from the eastern side of the Preserve.

An Acquisition Evaluation will be conducted to determine consistency with the District’s Master Plan and the suitability of the property as an addition to the park system for resource conservation and public recreational purposes, as part of a future Board action to exercise the option, pending approval of grant funding and staff’s due diligence over the next several months.

ALTERNATIVES

No alternatives are recommended.

69 Page Left Blank Intentionally

70 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2017 – 04 -

April 18, 2017

AUTHORIZATION TO ENTER INTO AN OPTION, PURCHASE AND SALE AGREEMENT AND TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION OF 1.5 ACRES IN FEE SIMPLE ABSOLUTE, A PUBLIC RECREATIONAL TRAIL EASEMENT AND AN EMERGENCY VEHICLE AND MAINTANENCE ACCESS EASEMENT FROM LAWRENCE A. GOSSELIN AND LORRAINE D. ROLLINS: DOOLAN CANYON REGIONAL PRESERVE

WHEREAS, the Board of Directors authorized negotiations with Lawrence A. Gosselin (50% interest) and Lorraine D. Rollins (50 % interest) (Sellers) for acquisition of property rights, by its Resolution No. 2014-05-098 adopted May 6, 2014; and

WHEREAS, under direction given by the Board of Directors, staff has negotiated an option, purchase and sale agreement (Agreement) with the Sellers for acquisition of certain property rights over their 141-acre property; and

WHEREAS, the Park District proposes to acquire 1.5 acres of real property from the Sellers located off Collier Canyon Road, together with a public recreational trail easement and emergency vehicle and maintenance access (EVMA) easement (Property Rights) across the southern portion of the property; and

WHEREAS, these Property Rights may be acquired on or before December 20, 2017 for $264,400, their appraised fair market value; and

WHEREAS, the property is proposed to be acquired with partial grant funding from the Alameda County Altamont Landfill and Resource Facility Open Space Advisory Committee (Committee); and

WHEREAS, acquisition of these Property Rights will allow the Park District to plan for public recreational trail access and EVMA access from Collier Canyon Road into the eastern side of Doolan Canyon Regional Preserve; and

WHEREAS, the District will be required to undertake all of the long-term management responsibility for the 1.5-acre fee title area, as well as the public recreational trail and EVMA easements; and

WHEREAS, the Agreement calls for one option payment totaling $20,000 to be deposited into an escrow account, with $10,000 releasable to the Sellers on or before October 30, 2017, or once the District completes its due diligence to determine its ability to satisfy specified conditions precedent as set forth in the Agreement; and

71 WHEREAS, the early release option payment is applicable toward the purchase price but nonrefundable should the District elect not to purchase the Property Rights after the remaining conditions precedent have been satisfied; and

WHEREAS, under CEQA and the District’s Environmental Review Manual, this project is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to enter into the Agreement with Sellers for the purchase of the above described Property Rights; and

BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $18,200 from project account Designated Acquisitions - Measure WW Undesignated (CIP 229900WW00), utilizing funds for the Doolan Canyon allocation area, to project account Gosselin-Rollins/Doolan Canyon Regional Preserve Acquisition (CIP 242800), to augment the previously appropriated budget of $45,000 from the same funding source per Board Resolution Nos 2016-06-131 and 2016-12-305, to fund acquisition related expenses as shown on the attached Budget Change form; and

BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the 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 April, 2017 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

72 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund 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-Land- Land Acquisition-District Wide-Land & Doolan Canyon-Gosselin-Rollins Property- Trails-Designated Acquisitions Land-Measure WW Bond Funds, Doolan Canyon/Tassajara Hills Acquisiton Allocation Area-Administrative Costs

Account: 333-6330-000-7010/ Account: 333-6330-152-7010 / 242800 229900WW00-100 $ 18,200 WP24-100 ($1,800) Account Name: Expense: Capital-Land- Doolan Canyon-Gosselin-Rollins Property- Land-Measure WW Bond Funds, Doolan Canyon/Tassajara Hills Acquisiton Allocation Area-Option

Account: 333-6330-152-7010 / 242800 WP24-101 $20,000

REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on April 18, 2017 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $18,200 Measure WW Bond funds from the Doolan Canyon/Tassajara Hills acquisition allocation area as indicated above for an option payment on the Gosselin-Rollins Property, project 242800. The $18,200 appropriation augments the existing $45,000 budget in the project. As approved at the Board of Directors Meeting on: Date: 4/18/2017 Board of Directors Resolution Number: 2017-4 Posted By: Date: Signature

T:\BOARDCLK\BOARD MATERIAL\2017\7 - April 18, 2017\S DRIVE\D-2-a ASD 242800 Gosselin Rollins Property Doolan Canyon 73 Page Left Blank Intentionally

74 GOSSELIN AND ROLLINS PROPERTY DOOLAN CANYON REGIONAL PRESERVE

ALAMEDA COUNTY Feet Planning/GIS Services [ 0 140 280 420 560 700

ty oun ta C Cos tra nty Con Cou eda Alam

d a

Ro

n

o y

n a

C

r e i l GOSSELIN + ROLLINS l o APN: 905-0005-001-01 C (101.57 acres) GOSSELIN + ROLLINS APN: 905-0005-006-02 (40.00 acres)

EBRPD DOOLAN CANYON REGIONAL EBRPD Proposed PRESERVE EVMA Easement (57,560 sq ft)

EBRPD Proposed EBRPD Proposed Staging Area Trail Easement (1.5 acres) (56,540 sq ft)

LOCATION MAP

MORGAN TERRITORY

ROUND VASCO VALLEY HILLS

LAS BYRON TRAMPAS VERNAL SYCAMORE POOLS VALLEY VASCO CAVES

BISHOP BRUSHY RANCH PEAK

DOOLAN CANYON ¨¦§580

PLEASANTON RIDGE SHADOW CLIFFS O:\GIS\CMcKaskey\Projects_2017\ASD\Land\BoardMaps\DoolanCanyon\DL_Easement_ZoomOut.mxd Date: 3/28/2017 75 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

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

City of Pittsburg – Pittsburg Trust Lands Use Plan

On April 3, 2017, the Pittsburg City Council voted to adopt the City of Pittsburg Trust Lands Use Plan for sovereign tidelands and submerged lands granted to the City under Senate Bill 551, in 2011. The City holds 185.4 acres of waterfront land as Trust Lands and the City’s Trust Lands Use Planning Area includes these lands as well as parcels within and adjacent to the Trust Lands including Browns Island and portions of existing and planned segments of the Great California Delta Trail. The Plan includes a general description of the existing, planned, and proposed land uses in the area, the project statewide benefit to be derived from planned and proposed land uses, the proposed method of financing for planned and proposed uses, an implementation timetable, and a description of how the City proposes to protect and preserve resources and facilities located on trust lands. The Plan includes a Capital Improvement Program to strategize expenditures of waterfront funding including trail and waterfront access maintenance, a Community Center with a marine component that could provide kayak launches and other watersport programming, and new waterfront access at Riverview Park. The Plan requires approval of the State Lands Commission.

City of Richmond – Bottoms Property (Shea Homes)

On April 4th, 2017, the Richmond City Council adopted a resolution to approve the final map for the subdivision of the Bottoms Property residential project by Shea Homes. The property is located on the Richmond waterfront south of Seacliff Drive, near, but not adjacent to, Miller/Knox Regional Park. The project includes the construction of 60 new residential units in nine buildings and would also provide improvements and an extension to the San Francisco Bay Trail between Canal Boulevard and Seacliff Drive. The project was originally approved January 2015. The Richmond City Council also recently approved the Terminal One project adjacent to Miller/Knox Regional Shoreline, approximately one-half mile to the west, that will construct 323 new residential units. The City is expected to begin review of the Canal Quarry residential project for development of 276 new residences off of Canal Boulevard adjacent to the Eastside Trail at Miller/Knox soon. The District continues to coordinate with the City of Richmond on these projects.

76 Page Left Blank Intentionally

77 Event Calendar April 2017 Board Meeting Date: April 18, 2017

Date Day Time Event Location Sponsoring Organization 9 a.m. members Regional Parks Friends of RPBG 4/15/17 Saturday 10 a.m. – 3 p.m. Spring Native Plant Sale Botanic Garden & EBRPD Earth Day Diablo Foothills, 4/22/17 Saturday 8:30 a.m. – noon Volunteer Projects Point Pinole EBRPD Beach Clean-up & Crab Cove & EBRPD/ 4/22/17 Saturday 8:30 a.m. – 10:00 a.m. Alameda Earth Day Fair Washington Park Alameda Rec & Parks 78 Wildlife Volunteers: EBRPD & Audubon 4/22/17 Saturday sunrise – sunset Bird-a-thon Various Parks Society Chapters

Atlas Road Bridge & Atlas Road Bridge 10:30 4/22/17 Saturday Dotson Family Marsh 1 pm Dedications Point Pinole EBRPD

Ardenwood, Tilden Nature Area, Coyote Hills, Crown Beach, Wellness Walks: National Big Break, Black 4/23/17 Sunday 1 p.m. – (various) Parks Prescription Day Diamond, Sunol EBRPD GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Office Services Department Facilities Manager Michael McNally will provide an annual summary of services provided, including ongoing and future projects, and will include a summary of services provided by the Switchboard/Reception Desk, Copy Room, Messenger Services/Mail Room and Central Stores. Recent facility improvements to the Administration and Trudeau buildings will be highlighted.

GM COMMENTS On Friday, April 7, Governor Edmund G. Brown Jr. lifted his emergency drought order for most of California. However, with California experiencing more extreme weather patterns due to climate change, this recent drought will neither be the last nor the longest. The District will continue its ongoing efforts on water conservation as part of its climate change resiliency work.

Retirements January 2017 through March 2017:

Sharol Nelson-Embry Supervising Naturalist II Crab Cove Visitors Center 26 years Paula O’Drain Park Ranger II Del Valle 31 years Robert Ploss Landscape Architect Design 12 years Teresa Ryan Senior Office Assistant Botanic Garden 22 years Kim Warden Administrative Analyst I Construction/Survey 18 years

PUBLIC SAFETY From February 28, 2017 to March 31, 2017 the Public Safety Division handled 733 service calls and 536 total incidents. Highlights are included below.

Police There were 16 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 283 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 231 field interviews (contacts without citations or arrests) and contacted 7 people on probation or parole to conduct compliance checks.

79  Antioch Shoreline: On March 2, a subject was transported to the hospital for a mental health evaluation.

 CALEA: During the months of February and March, the Professional Standards Unit assisted the West Sacramento Police Department in completing a mock Communications Assistance for Law Enforcement Act (CALEA) accreditation assessment.

 Carquinez: On March 19, staff responded to a death report. No foul play is suspected and cause of death is believed to be a drug overdose.

 Coyote Hills: On March 18, special enforcement participated in the District’s Multicultural Wellness Walk.

 Crown Beach: On March 8, a subject was arrested for evading a peace officer.

On March 26, an officer arrested a female for violating her probation terms to stay away from the park.

 Don Castro: On March 17, an officer cited two subjects for harassing other park users and for having aggressive dogs.

 Hayward: On March 23, Eagle 7 assisted the Hayward Police Department with a search warrant.

 Iron Horse Trail in San Ramon: On March 17, an officer arrested a male for illegal lodging.

 Lafayette Reservoir: On March 4, an officer arrested a subject for public intoxication.

 Lake Chabot: On March 13, Eagle 7, officers, and District firefighters assisted with locating lost hikers.

 Martin Luther King Jr.: On March 12, a subject was transported to the hospital for a mental health evaluation.

On March 13, officers responded to the report of a victim of an armed robbery. The female victim’s purse and contents were stolen. She was transported to the hospital for treatment of a head injury.

 McLaughlin Eastshore State Park: On March 15, an officer arrested a subject for domestic violence.

 Quarry Lakes: On March 19, an officer cited two people and confiscated paint ball pistols, ammunition, and marijuana.

80  Sibley: On March 4, an officer arrested a subject for burglary. The suspect, who was also in possession of burglary tools, broke into the pump house and used the electricity.

Fire Operations

Fire Response  Lake Chabot: On March 13, firefighters assisted in a search and rescue of a missing individual. The individual was located uninjured near the Lake Chabot footbridge.

 Carquinez Strait: On March 19, firefighters responded to a medical emergency. The patient was located and declared deceased by Con-Fire paramedics. District firefighters utilized their rescue utility vehicle to assist District Police in the recovery of the body.

Training  March Madness Training: During the weeks of March 6 – 10 and March 20 – 24, firefighters participated in annual fire training. The training included Hazardous Material First Responder Operations, Mines Awareness, Emergency Medical Services (EMS) Search and Rescue, Wildland Readiness Drill, and Structure Firefighting.

Medical  District firefighters did not respond to any EMS related calls in the District. Fire personnel assisted at the scenes of three motor vehicle accidents not on District property.

Fire Fuels Management  Briones: District fire crews started the fuel reduction expansion near the park office.

 McCosker Property: Defensible space fuels reduction work was completed at the McCosker residence.

 Sibley: Recommended Treatment Area (RTA) SR006 fuels reduction near the Sibley backpack camp was completed by a tree service company, with funding provided by a Diablo Fire Safety Wildland-Urban Interface (WUI) grant.

 Tilden: Fire crews continued fuel reduction along Wildcat Canyon Road and Nimitz Way.

Lifeguard Service  On February 28, Lifeguard Service Manager Pete DeQuincy, Supervisor Nick Schriver, and Intern Aurelio Norte presented on effective surveillance strategies and critical thinking for lifeguards at the annual California Parks and Recreation Society: Aquatic Section Intensive Workshop in Sacramento.

 On March 4, aquatics staff partnered with Boy Scouts of America and the Council to certify Boy Scouts and parent volunteers in CPR/First-Aid.

81  On March 4, 11, and 18, staff held three new Lifeguard I applicant pre-test workshops at Roberts Pool.

 On March 6 and 10, aquatics staff assisted in providing CPR/First-Aid training to San Pablo police officers for California State Title 22 compliance.

 On March 7, Lifeguard Service Manager Pete DeQuincy presented at the Missouri Parks and Recreation Association Annual Conference in Branson, MO.

 On March 9, 16, 23, and 28, aquatics staff presented on bloodborne pathogens and personal protective equipment at the Safety Academy held at Big Break and Trudeau Training Center.

 On March 9, aquatics staff collaborated with the Finance department to implement paycards as an alternative to direct deposit for seasonal lifeguard staff.

Staff also assisted aquatic staff from the City of Morgan Hill in upgrading their First-Aid instructor certification to meet California State Title 22 compliance.

 On March 13, aquatics staff and an intern began work to develop an adventure camp for children with disabilities.

 On March 14, Aquatic Assistant Kyle Maxwell graduated from the District’s Supervisor Academy.

 On March 15, Lifeguard Service Manager Pete DeQuincy served as a subject matter expert for the development of the new lifeguarding manual and lifeguarding instructor manual for the American Red Cross.

 On March 20, staff assisted aquatic staff from Hayward Area Recreation and Park District, Highlands Recreation-San Mateo, City of Walnut Creek, City of San Ramon, and Livermore Area Recreation and Park District in updating their physical lifeguarding skills to meet the new guidelines for American Red Cross lifeguarding instructors and instructor trainers.

 On March 25, staff held the first lifeguard physical test for new seasonal Lifeguard I’s at Roberts Pool.

 On March 27, Lifeguard staff, Hayward Area Recreation and Park District, and the Regional Parks Foundation collaborated on providing swim lessons at the Hayward Plunge for seniors over the age of 60 from Palma Ceia Baptist Church. The lessons are six-week sessions and held on Mondays.

82 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

6. COMMITTEE REPORTS

a. Finance Committee Minutes and Recommended Actions from the Meeting of March 22, 2017 (Wieskamp)

Attendees Board: Directors Ayn Wieskamp, Whitney Dotson and Colin Coffey

Staff: Debra Auker, Ana M. Alvarez, Deborah Spaulding, Pam Burnor, Kim Balingit, David Sumner, Michelle Strawson-O’Hara, Paul Ferrario, Ana Fong, Carol Victor, Rachel Sater, Kristina Kelchner, Janet Lan, Becky Pheng

Public: Rick Rickard

Committee Chair Ayn Wieskamp began the meeting at 1:05 PM with the introduction of committee members.

Agenda Item No. 1 2017 Risk Management Annual Report

District Counsel Carol Victor introduced the Risk Staff to committee members.

Administrative Analyst Anna Fong and Health and Safety Coordinator Paul Ferrario provided an overview on the District’s Workers’ Compensation, and Health and Safety programs and advised the Finance Committee that the District is continuing to experience low claim frequency and low claim severity in the areas of workers’ compensation and general liability. Claim frequency was slightly down from the prior year at 110 reported claims.

The challenge to the District’s Worker’s Compensation Program is controlling exposure to escalating medical costs. The Risk Management Department continues to control costs with close oversight of the program and assistance from its third-party claims administrator, Athens Administrators perform medical bill review, utilization review, and nurse case management.

83 The District’s General Liability Claims have been generally decreasing in number and total cost over the past five years. This is due to proactive training provided to District staff, as well as due to careful management of potential claims by Risk Staff, who immediately notify any potential claimant that the District is protected under California law by the Trail and Hazardous Recreation Immunities.

Unemployment claims filed have also continued a general decrease since 2012. This reduction is due to coordination with the Operations Department, to ensure that furloughed 9-month Park Rangers are transitioned re-assigned to work during their furlough period, as well as transitioning these 9-month positions to 12-month positions.

The District participates in several insurance programs in order to minimize the financial impact associated with excessive or unanticipated losses. Insurance costs are trending upward, with the overall costs for July 2017 through June 2018 policy up $128,804 (10% from current rates). The primary insurer for the District is CSAC, a member-directed public entity insurance pool. Excess insurance, however is getting increasingly more expensive.

Deputy General Manager Dr. Ana M. Alvarez inquired if the District participates in the Department of Motor Vehicle Employer Pull Notice Program. District Council Victor responded yes.

Deputy GM Alvarez explained to the committee the Pull Program is a DMV program that notifies the District when employees have citations under their driver’s license number.

Recommendation: Motioned by Whitney Dotson and seconded by Colin Coffey that the Finance Committee recommend to the full Board of Directors renewal of the existing insurance program of workers’ compensation excess insurance at $474,000, property insurance at $456,942, general liability insurance at $367,000, watercraft insurance at $2,700, aviation insurance at $100,000, crime insurance at $4,200 and cyber liability coverage at $2,300. Motioned Approved.

Agenda Item No. 2 2017 Internal Audit Work Plan and Finance 2016 Internal Audit Results

Audit Manager David Sumner provided a report of the 2016 Internal Audit projects:  Review of Skyline Ranch Stables  Review of Pleasanton Ridge Robertson Property Land Acquisition  Review of Briones Regional Park Cash Handling Procedures  Review of Sales and Use Tax Compliance  Review of Reservations Active Net Cash Handling Procedures  Review of Measure WW Grants  Special Review of Shadow Cliffs Regional Recreation Area Cash Handling Activities  Review of the IRS reported problems with Forms 2099-MISC filed in 2015

84 External Audit  CalPERS Public Agency Review

Committee member Colin Coffey asked about the Sales and Use Tax Compliance audit, what types of purchases were causing the District to owe additional state sales tax. Audit Manager Sumner explained the majority of issue arises when staff orders items on-line and assume that the purchase is exempt from tax, where in reality a “Use Tax” is owed. The District’s financial system has been upgraded to calculate the taxes owed on such purchases.

2017 Internal Audit Plan

Audit Manager Sumner advised the 2017 internal audit projects were selected based on the level of financial risk. A list of selected projects were handed out.

Recommendation: Motioned by Whitney Dotson and seconded by Colin Coffey that the Finance Committee recommends to the full Board of Directors for approval of 2017 Internal Audit Plan. Motion approved.

Agenda Item No. 3 Update on District-side Banking Contract with Wells Fargo Bank and Intention to Commence Procurement Process for Banking Services

Assistant Finance Officer Deborah Spaulding updated the Finance Committee on issuing a Request for Proposal (RFP) for District-wide banking services that would facilitate the District ability to receive deposits of cash and checks from park locations, payroll disbursements, and facilitate disbursement of funds to vendors. The District’s current bank, Wells Fargo Bank, contract will expire June 30, 2017. Interviews of the top scoring proposers will be scheduled for May. The selection of the bank will be brought to the Board Finance Committee for recommendation to the full Board of Directors.

Recommendation: This item is informational only.

Agenda Item No. 4 Request November 22, 2017 meeting moved to November 20, 2017

Assistant General Manager/Chief Finance Officer Debra Auker requested date change of November Finance Committee meeting from November 22, 2017 to November 20, 2017. Finance committee members agreed to change date.

Agenda Item No. 5 Open Forum for Public Comment

No Public comment

85 Agenda Item No. 6 Committee Comments

No Committee comment

Meeting adjourned at 2:10 p.m.

Next meeting scheduled for April 26, 2017

Respectfully submitted,

Connie Swisher Confidential Secretary, Finance

86 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, April 18, 2017

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

b. Board Executive Committee (4/6/2017) (Lane)

Present

Board: Beverly Lane (Chair), Ayn Wieskamp, Dennis Waespi

Staff: Robert Doyle, Becky Pheng, Jim O’Connor, Bob Nisbet, Mimi Waluch, Raphael Breines, Kim Fisher, Julie Bondurant, Matt Graul

Public: Helen Burke, Jonathan Goodwin, Erik Olafsson, David Bigham, Rick Rickard

Board Executive Committee Chair Beverly Lane called the meeting to order at 12:35 pm.

1. Dumbarton Campground Development Update

Jim O’Connor, Assistant General Manager, introduced this agenda item. The Dumbarton Campground project (“project”) is located in Fremont, California. Mr. O’Connor gave an overview of the site evolution and quarry operations. The site is currently owed by Dumbarton Quarry Associates (“DQA”). In 1977, the District and DQA entered into an agreement to dedicate the property to the District for public park purposes. At the time, the parties visualized turning the site into a lake and fresh water marsh. However, that concept was not viable and parties had to amend the agreement and revise the park concept plan for the site. In 2012, the parties reached an agreement on the transfer of the site and park improvements, and entered into a settlement. Under the terms of the settlement agreement, DQA agreed to make park improvements in two phases (Phase I and II). The improvements include camping facilities, event center, restroom facilities, and other park amenities. Completion of the project will add an additional 91 acres to Coyote Hills Regional Park.

Bob Nisbet, Assistant General Manager, provided a summary of the budget and project schedule. As part of the agreement with DQA, the District receives revenues (referred to as tipping fees). These revenues are allocated to fees and costs associated with Phase I development. To date, the District has received approximately $3.6 million in tipping fees. Phase I development, which includes group campground sites, car camping sites, restrooms, and shower facilities, is expected to be completed in the summer of 2018.

87 Mr. O’Connor presented a rendering of the current Phase II plan, and talked about the key revisions being proposed by DQA. The revised plan would include the addition of 26 convenience camps, 20 car camping sites, 2 groups camps, 3 shower building, parking, trails, and restoration of a historic ridge. Robert Doyle, General Manager, commented on the history of the project, and noted that DQA has spent a lot of money on the project and is committed to working with the District on development of the park.

Director Beverly Lane commented that the plan has changed significantly from the original plan that was presented several years ago. She asked if the revised plan has been presented to any other Board committee. It was the first time she has seen the plans. Staff responded that this is the first time it is being presented. DQA just recently approached the District with this revised plan, and the parties are in negotiations. Any changes would be brought to the full Board for review and approval.

Director Ayn Wieskamp requested more information on the revised plan, and wanted to know how the public would benefit from the parties revising the plan for Phase II. The residents of Fremont have waited so long for this new park.

Director Dennis Waespi commented that he is excited about the new campgrounds and development, and the proposed ridgeline would be a good barrier to the campground.

The Committee and staff talked about the positives and negatives of revising the Phase II plan. The Committee thanked staff for their work and looked forward to the opening of the new campground.

Recommendation: None. This was an informational item.

2. Dumbarton Campground Phase I Development Naming Program

Raphael Breines, Acting Principal Planner, presented this agenda item. In advance of opening the Dumbarton Campground in 2018, staff convened a group representing the Planning, Design, Operations, and Interpretive Services Departments to develop a naming program for Phase I improvements. Staff researched potential names for the campground facilities focusing on the area’s natural and cultural history to help interpret and preserve past and current uses. General themes for proposed names include historical places, towns, family names, and geological and natural resources.

The Committee reviewed and commented on the proposed names as listed in the staff report. Directors Beverly Lane and Ayn Wieskamp asked staff to consider naming some of the features to honor the Rancho/Spanish era. Mr. Breines noted that he will look into that, and reminded staff that there will be more features and facilities to name as part of the Phase II improvements. Director Dennis Waespi commented that one of the campgrounds should be named after former Director Doug Siden given his passion for camping. The Committee supported staff’s naming list and asked that it be forwarded to the Park Advisory Committee for their review and suggestions.

88 Recommendation: By Motion of Director Ayn Wieskamp and seconded by Director Dennis Waespi, the Board Executive Committee voted 3-0 to forward the proposed names for the Dumbarton Campground Phase I developments to the Park Advisory for their review and comments.

3. Robert Sibley Volcanic Regional Preserve Land Use Plan Amendment Update

Julie Bondurant, Principal Planner, presented this agenda item. She displayed a map of the study area, which would incorporate Western Hills Open Space and McCosker parcel to Robert Sibley Volcanic Regional Preserve. The purpose of the Land Use Plan Amendment (“LUPA”) is to:

1. Incorporate open space and develop local trails into Robert Sibley Volcanic Regional Preserve; and 2. Preserve the rich heritage of natural and culture resources and provide open space, trails, and safe and healthful recreation and environmental education.

The District held several community engagement meetings, including three public meetings, two youth engagement meetings, and two site tours of the McCoker parcel. The public expressed support for stream restoration, minimal development of the site, and safety and infrastructure improvements (e.g., water supply, restrooms, Wi-Fi). Recommendations from the community workshops will be incorporated into the LUPA. These include changes in uses in the existing trail system; incorporating and assuming management of the Western Hills Open Space parcel; restoration and habitat management; and development of reservation-only recreation, interpretive and small rustic group camp area. Another recommendation is to change the current name of the McCosker Staging Area off Pinehurst Road from Wilcox Station Staging Area to Eastport Station Staging Area. This change will more clearly reflect the history of the site and respond to community requests for a name change.

The Committee and staff discussed expansion of the trail system, development of parking spaces to accommodate the reservable recreation sites, and dogs on trails. General Manager Robert Doyle commented on the need to coordinate with the City of Orinda on shared use of the parking lot at the Wilder Park access point. The site has parking for up to 273 vehicles, with 10 spaces dedicated to the Sibley Preserve access. The District has secured $3.4 million for design and construction of stream restoration and public access improvements for the McCosker site.

The CEQA notice of preparation will be issued in the spring of 2017; completion of the draft LUPA and draft Environmental Impact Report will be released for public review in the fall of 2017; and the land transfer of Western Hills Open Space is expected to be complete in the spring of 2018.

Director Beverly Lane asked if there is a conservation easement on Westerns Hills Open Space. Ms. Bondurant responded that there is a conservation easement. Mr. Doyle commented

89 that the land transfer of Western Hills Open Space should be completed in 2018; the parties began negotiations on the land transfer over 10 years ago.

There are seven access points to the Park, and parking is extremely limited. Director Ayn Wieskamp inquired about access at the proposed interpretive sites, and if a large bus would be able to drop off passengers. Ms. Bondurant responded that large school buses would not be allowed, but passenger vans for up to 10 people would be able to access the site.

Public Comments

Helen Burke voiced her opposition to mountain bikes on single-track trails. She commented that mountain bikers make up a small percentage of park users; the vast majority of users are hikers.

Jonathan Goodwin commented that there has been no mention of environmental issues/concerns, and is concerned with the District’s public process for this project. He believes the list of alternatives is inadequate.

Erik Olafsson commented that there is too much emphasis on development planning and less on environmental planning.

Recommendation: None. This was an informational item.

4. Open Forum for Public Comments

Jonathan Goodwin commented on the District’s process. He feels the District is out of touch with user groups and recommended that the District hold more events/forums for community groups to voice their sentiments.

5. Committee Comments

Director Waespi thanked staff for the presentation and members of the public who attended the meeting.

There being no further business, Board Executive Committee Chair Beverly Lane declared the meeting adjourned at 3:15 pm.

Respectfully submitted,

Becky K. Pheng

90 NEWSCLIPS East Bay Regional Park District Highlight Economic Value and Impact in Video By ECT Apr 11, 2017

The East Bay Regional Park District released a video highlighting its economic value and impact it provided in the San Francisco Bay Area.

According to a 2017 study, the Park District brings an economic value to the area of more than $500 million and has more attendance that local professional sports teams each year. The video was published online on March 8, 2017.

The 120,000 acres of the East Bay Regional Park District are more than just a pretty place. There are creeks that provide drinking water, trails to walk and ride that help us live healthy lives, and grasslands that are grazed which support the local food economy. And now we have an independent, scientific report by economists to prove that East Bay Parks are more than just a pretty place.

91 Based on this report, we now know that the Park District:

 Hosts 25 million visits a year. This is more than the A’s, Raiders, Warriors, Giants, 49ers, Earthquakes, and Sharks combined.  Provides a range of benefits to residents, businesses, and visitors that total about $500 million annually. This includes the values of recreation, healthcare, property values, and other ecosystem services.  Generates nearly $200 million in regional economic activity every year that would not happen without the District. This includes visitor spending and grant-funded capital investments, and the multiplier effects of both.

What does that translate into? This scientific report conclusively says that the District is interconnected with many aspects of life in the East Bay including infrastructure, jobs, transportation, public health, and housing.

In addition to these benefits, the District is a good investment. Based on our annual budget of $127 million, every $1 yields a return of $4. This means that Alameda and Contra Costa County taxpayers are getting good value for themselves and all residents regardless of background.

This report is the second installment in a longitudinal study by Economic & Planning Systems, Inc, a land use and economics firm based in Oakland. The first report was produced in the year 2000 and was groundbreaking at the time. A lot has changed over the past 17 years. The 2017 report – which you can find on our website at ebparks.org – builds on the 2000 methodology and will add to the national body of research about the economic impact of parks and open spaces.

What does this all mean for you as a resident of Alameda and Contra Costa Counties and as a park user? It means that you can go out and enjoy East Bay Parks knowing that they are more than just pretty places. They are an integral part of life in the East Bay. 92 Natural medicine: Urban families explore benefits of the outdoors

By Erin Allday April 10, 2017

Photo: Mason Trinca, Special To The Chronicle Above: Eight-year-old Marco David (left) and 7-year-old Marietou Keita fish on the docks at Lake Chabot in Castro Valley. Below: Richard Seward and stepdaughter Ceanarionn Smith Woods, 4, afloat on Lake Chabot, look over a bird guide.

On one of the first hot Saturdays of the year, a crowd of families gathered around Dr. Nooshin Razani near Lake Chabot.

They were wilting a bit under the afternoon sun, some gazing longingly at the water, just visible through the trees. That lake, Razani told them, was healing them.

Within minutes of being in nature, their blood pressure lowered, she said; their stress melted away; their breathing slowed and deepened. Razani paused, taking a deep breath of her own.

“Let the lake do its work,” she said.

93 Fifty people had come on a field trip to the lake in Castro Valley. They were single moms and dads, babies in strollers and eye-rolling teenagers, grandmothers and grandfathers. They were families of refugees, and families with roots going back generations in the East Bay. For most, it was their first time at Lake Chabot.

Their visit was part of a growing national appreciation of nature as medicine, and a trend toward developing programs that make it easier for people to be outside.

Every month, Razani — a pediatrician at UCSF Benioff Children’s Hospital Oakland — escorts families she knows through her practice to a different East Bay regional park. They have only one goal: to be in nature. They may learn something, they may get some exercise and vitamin D, but their assignment is to just be.

“From cradle to grave, there is compelling evidence that human beings need to be in natural settings,” said Razani. “We just need to let nature do its own work.”

Photo: Mason Trinca, Special To The Chronicle Kids and families fish along the docks at Lake Chabot.

azani’s program, a collaboration with the East Bay Regional Park District called Stay Healthy in Nature Every day, or SHINE, is open to patients at Children’s Hospital Oakland. There are similar events in San Francisco, where anyone can attend free walks at Golden Gate Park and other sites on Saturdays, and at parks all over the Bay Area.

Six years ago, several agencies came together to form the Healthy Parks Healthy People initiative, which promotes free outdoor activities, many targeting communities that don’t often access natural settings. On April 23, many regional 94 parks will be holding “park prescription” day events to introduce people to the concept of nature as medicine.

Public health and outdoor enthusiasts have long understood that convening with nature is good for physical and mental well-being, but exactly how and why isn’t always clear.

Rigorous clinical research is slim. But studies have found that time in nature can help with stress, depression, cognitive function, physical strength and coordination. Some research suggests that different kinds of nature — from grassy neighborhood parks to Sierra forestland — deliver different benefits.

It’s not just that people tend to get more exercise outside or that the air quality is better, though those factors play a role. One study showed that running on a trail through a forest has more health benefits than running on a treadmill or even outside in a city. In another small study, children with attention deficit disorder were able to concentrate better after a walk through a park compared to a walk around their neighborhood.

There’s something particular to nature — the wildness of it, the freedom and awe it provokes — that seems to uniquely affect human health, Razani said. But no one knows what kind of nature is best, or how much, and that makes it difficult to prescribe. Nature’s effect can’t be bottled or put into a pill.

“I want to be able to talk about milligrams of nature,” Razani said. “It’s a little silly to try to quantify it that way. But we need instructions on how to make use of these things that everyone should have.”

Even if doctors prescribe nature to their patients, following through is not as simple as it sounds. Many people have no easy access to even a neighborhood park, much less a wide expanse of nature, say public health and park advocates.

95 Photo: Mason Trinca, Special To The Chronicle IMAGE 1 OF 5 Richard Seward and stepdaughter Ceanarionn Smith Woods, 4, look over a bird identification card as they boat on Lake Chabot in Castro Valley.

If it takes a long Muni Metro ride to get from San Francisco’s Bayview neighborhood to Golden Gate Park, people who rely on public transit may not have the time — or motivation — to get there. They could go to McLaren Park, which is more convenient, but maybe they’ve heard about crime there and don’t feel safe.

Or maybe they’re just not comfortable in the outdoors. They may think they have the wrong clothes or shoes, or that they won’t know what to do or where to go. If most of the users of the big regional, state or national parks are middle-class people with North Face gear and $100 hiking poles, a recent immigrant who shows up in jeans and sandals with a plastic bottle of water in hand may feel out of place — and unwelcome.

“It can make it seem in some way like a country club more than open lands,” said Dr. Curtis Chan, deputy health officer with the San Francisco Department of Public Health. “Open spaces are for everyone. And the communities that are poor — they don’t have a small neighborhood park, they don’t have their own large backyard, they might have a chronic disease — they actually need these spaces the most.”

Lisa McHenry with San Francisco Recreation and Park said part of her goal when she leads walks at Golden Gate Park is just to get people comfortable. The park belongs to them, she points out.

“It can be intimidating to go someplace that you’ve never been before, even parks,” McHenry said. “To get out and explore, that takes courage. It’s great to

96 have someone who can introduce them to the park and answer their questions and make them feel better.”

Razani wants her families to relax and feel safe in nature, but also to seek out the moments of awe that make the blood rush — spotting a deer among the trees, or a hill overcome with California poppies.

Aside from wanting to link her patients with nature, Razani hopes to use her park trips as a sort of lab.

Two years ago, she created a clinical trial in which some patients and their families were simply handed brochures for regional parks and encouraged to go outside, while others were invited on three field trips. She followed up with the patients and families to see whether there were differences in their physical and mental health, and plans to publish the results this year.

This month’s trip to Lake Chabot was an extension of that trial.

It was 2-year-old Ehjasi’s first time in “real nature,” said his mom, Rhyan Hodge. She grew up hiking and camping with her family, so it nags at Hodge that her son rarely goes outside. But their neighborhood in Concord isn’t safe for him, she said, and she’s too busy most other times to drive him to a park.

“I’d be happy just to have him run around, get some fresh air — real oxygen,” Hodge said.

Down by the lake, Janice Henry of Oakland stood on a dock, eye on her two daughters while they dangled fishing poles over the choppy water.

Henry isn’t much of an outdoor enthusiast — on two trips to Yosemite, she wasn’t happy sleeping in a tent cabin and having to venture out of it every time she wanted to use the bathroom — but she appreciates the value of nature, especially for her children.

97 And on this perfect spring day, she soaked up the excitement of the families around her. Aleczandrea, 9, in particular was having a good day: For reasons that she has never explained to her mom, the girl had always wanted to go fishing. Finally, she got her chance.

Standing on the dock, pole clutched in both hands, Aleczandrea said she wanted to catch a salmon or a cod or a catfish for dinner. Told there were only trout in the lake, she said that was fine, too. And what if she didn’t catch anything at all?

“I’d be happy that I at least got my dream,” Aleczandrea said, serious, eyes on the lake.

She’d catch their dinner next time, she said.

Erin Allday is a San Francisco Chronicle staff writer. Email: [email protected] Twitter: @erinallday

98 Op Ed: EBRPD is Not the Answer for East County Fire District’s Funding Challenges Written by Robert Doyle

Apr 8, 2017

This is a Local Problem in need of a Local Solution

For 80+ years, East Bay Regional Park District (EBRPD) has been well known for its transparency in managing public funds by listening astutely to its taxpaying constituents in Alameda and Contra Costa counties. This has allowed EBRPD to successfully obtain the two-thirds votes needed for several park funding measures; we work hard to earn the voters’ trust.

Conversely, the East County Voters for Equal Protection (ECV), an anti-tax payer committee, and Assembly member Jim Frazier, (D-Discovery Bay) haven’t engaged well in East County to lead an effective campaign to raise funds within their community for their beleaguered fire protection district. Instead, they are asking communities outside their boundaries to fund their fire protection district that their own communities have voted against three times!

AB 898 authored by Assembly member Frazier suggests the East Contra Costa Fire Protection District (ECCFPD) should be funded by EBRPD from tax revenues received outside of the Fire District’s jurisdiction. They call it “reallocating” resources. We call it “theft” since EBRPD’s primary source of 99 revenue in East Contra Costa County is a Landscape and Lighting District, and Measure WW bonds for acquisition and development of parks. Given the services EBRPD provides to East County, no proportional funding comes from ECCFPD residents. Frazier is proposing other East Bay cities like Concord, Martinez, Richmond and Antioch pay for ECCFPD’s operations instead of their Regional Parks.

Frazier’s bill is a distraction tactic to avoid telling his anti-taxpayer supporters that in fact, it is fair and appropriate to fund their own important services in East Contra Costa County, the fastest growing region in the East Bay. The arguments supporting this bill are false. Here’s how they compare to the facts:

Argument: Fire service is more important than parks.

EBRPD Fact: Pitting fire safety vs regional parks is not relevant as EBRPD funds approximately $5 million annually for fire services delivered by unionized firefighters trained as first responders to fire and medical emergencies, and to protect communities from wildfires in parklands and open spaces. As a first responder to the 1991 Oakland Hills wildland/urban interface fire, EBRPD firefighters assisted in the preservation of lives and properties. Saving lives and property is equally important to EBRPD as it is to ECCFPD.

Argument: EBRPD can do with less of its property tax growth.

EBRPD Fact: This argument is perpetuated by ECV, the same anti- taxpayer group that opposes local tax increases for essential services, but evidentially feel it is fine to raid the taxes paid by other county property owners. Their misplaced argument doesn’t consider the growing operational expenses needed to maintain the Park District’s existing parks/trails or repair over $8 million in recent flood and storm damage to our parks, lakes and 55 miles of shoreline.

100 This tax transfer scheme would cut 1/5 of the Park District’s budget in Contra Costa County. Should EBRPD lose funding through this Bill, services and operational impacts to parks and trails would occur including: Big Break Regional Shoreline and Visitor Center at the Delta, Contra Loma Regional Park, Black Diamond Mines Regional Preserve, Round Valley Regional Preserve, Martinez Regional Shoreline, Briones Regional Park, and the Delta DeAnza, Iron Horse and Marsh Creek Regional Trails, to name a few. Additional reduction in funding may negatively impact the District’s ability to support planning for public access at the Concord Naval Weapons Station or new parklands in Brentwood and Oakley – including proposed new access to the Delta near Discovery Bay.

Argument: EBRPD wasn’t negatively impacted like other government agencies by a property tax shift requirement when the State needed help during fiscal crisis’ 25 years ago.

EBRPD Fact: At the time, EBRPD was one of many agencies, including police and fire districts, justly recognized by lawmakers for its responsibility and significant funding of public safety services and thus, retained local tax dollars during a State-wide budget deficit. In addition, State lawmakers also recognized EBRPD was a first responder for and funder of fire suppression in East Bay State Responsibility Areas (SRAs) where the State of California has primary responsibility for prevention and suppression of wildfires. Lawmakers also recognized EBRPD’s lead in solely funding the operations and maintenance of three State Parks. All of these services remain funded by the East Bay Regional Park District today.

Argument: EBRPD has plenty of money, $210 million annually.

EBRPD Fact: EBRPD’s annual operating budget is $127 million (2016), which includes $5 million allocation to fund three State Parks with no reimbursement. All additional funds transparently reported in our Annual Budget are voter-approved Measure WW

101 bonds and designated grant funds for acquisition and capital development. None of these additional funds are legally transferrable.

A recent economic study found EBRPD provides $500 million annually in benefits which include the values of recreation, healthcare, property values and ecosystem services. Instead of penalizing EBRPD by stealing from its tax revenues and unfairly impacting other community’s park services, we suggest that Mr. Frazier and ECV learn from EBRPD’s prudent good governance model and adapt similar best practices within ECCFPD. We applaud Brentwood’s recent proposal to look internally to fund an ECCFPD fire station within their city limits, and we hope others follow their lead to help develop a local solution to a local problem.

The Park District’s successful funding measures show the public’s significant support for our parks. The best way to ask the public for financial help is to engage them in an open and collaborative process to build credibility and trust, then ask for money … not take it from other popular services.

Share your views and support maintaining your Contra Costa County regional parks and trails at their current funding level. Join us by contacting your local elected officials and saying no to AB 898.

Robert Doyle General Manager of East Bay Regional Park District

102 到Whole Foods购物 帮东湾公园恢复Trail

2017-04-04 来源:来自网 繁体版[字号] 大 中 小

【希望之声广播电台2017年4月4日】 东湾公园管理局的一些公园部分登山道路由于近期的 洪水和泥石流被冲毁,也造成了东湾地区公园(East Bay Regional Parks )上百万元的登 山路径和相关设施的损失,地区公园基金会(Regional Parks Foundation)现正在积极筹 集资金,支持东湾地区公园的清理工作。东湾公园管理局和东湾的一些Whole Foods商店联 手推出了到Whole Foods购物,商店讲部分收入用于公园修建的活动。

在4月5号星期三的时候,前往东湾的Whole Foods Market购物。北加州的Whole Foods Market将会拿出当天5%的营业额捐赠给地区公园基金会。

参与活动的Whole Foods门店包括:

Lafayette店、

Downtown Walnut Creek店、

Ygnacio Valley Road – Walnut Creek店、

Berkeley – Telegraph店、

Berkeley – Gilman店、

Oakland店、

San Ramon店、

Dublin店和Fremont店。

请前往:www.wfm.com/stores/list ,查看您附近的门店的营业时间。 103 Community News Lafayette, PG&E cut deal in pipeline tree removal project

The city of Lafayette and PG&E have reached an agreement allowing the utility to remove 272 trees on public and private property as part of PG&E’s Community Pipeline Safety Initiative. A number of trees will be removed along the Lafayette Moraga Regional Trail, pictured above. (Jennifer Modenessi/Bay Area News Group)

By JENNIFER MODENESSI | [email protected] |

April 5, 2017 at 7:58 am LAFAYETTE — The city has struck a deal with Pacific, Gas & Electric over the removal of hundreds of trees sitting on top of natural gas pipelines.

The agreement approved by the City Council on March 27 allows the utility to remove 272 trees on public and private property as part of its $500 million Community Pipeline Safety Initiative.

Formerly known as Pipeline Pathways, the statewide project aimed at clearing trees, brush and structures that could potentially block first responders from accessing gas transmission lines during emergencies or a natural disaster. More than 1,000 trees had originally been earmarked for removal in Lafayette.

PG&E plans to remove trees from areas including the Lafayette Moraga Regional Trail, pictured above, and the Rim Trail along the Lafayette Reservoir. (Jennifer Modenessi/Bay Area News Group) According to the agreement, the utility company has to replant one 15-gallon tree for each of the 216 “protected” trees it will uproot, and pay the city $1,000 for each specimen.

104 PG&E will also pay Lafayette $258,805, which the city will place in a special account for median planting. The total reimbursement is $530,995, according to city data.

The agreement comes more than two years after the utility said it would need to remove the thousand or so trees as part of the pipeline project.

PG&E determined that many of those trees were at a safe enough distance from existing pipelines, and didn’t need to come down.

“With regular monitoring they will be able to stay,” said Jeff Smith, a PG&E spokesman. “We do recognize how important the trees are to the community.”

Trees on public land slated for removal include buckeyes on the Lafayette Reservoir Rim Trail and an 87-inch diameter coast live oak tree on the Lafayette Moraga Regional Trail.

Those spared from removal include a small group of specimens near Park Plaza on Mt. Diablo Boulevard. The utility had originally indicated it would need to remove the trees, and that the city would need to redesign a trellis structure there. PG&E later agreed to move their line, leaving the park “as is,” said assistant planner Megan Canales, who help shepherd the project.

Councilman Mark Mitchell called the retooled plan “radically different” than what was initially suggested.

“I’m glad the city staff worked so hard, and I’m glad PG&E worked so hard to come to an agreement. It’s much better than the original proposal,” Mitchell said.

The utility has been working on the pipeline project in Contra Costa since 2014, and has completed work in more than 30 communities, according to Smith. Lafayette is the last city on the project list.

105 Science Week gears up for fun, learning

Heather Brewer Staff Writer

Apr 4, 2017 Updated 2 hrs ago

Photo courtesy of the City of Oakley

Oakley’s tradition of presenting science in an engaging and entertaining way for kids continues this year with a full schedule of free activities, from April 8 to 15.

Among other events during the event, this year’s Science week will feature Marsh Creek walking tours, hosted by the Friends of Marsh Creek Watershed; tours of the Ironhouse Sanitary District’s water-recycling facility; the Delta Science in Action program, courtesy of the East Bay Regional Park District; and a presentation by ‘Python Ron,’ who will showcase his collection of critters to highlight their importance in local ecosystems. The activities are designed for children age 5 to 11, but everyone is invited to attend.

In addition to these activities, a couple local youth organizations are also getting in the educational escapades.

“The Oakley Youth Advisory Council has hosted a workshop at Science Week for the past three years,” said Cindy Coelho, Oakley’s recreation and event coordinator. “They plan the activity, order the supplies and run the workshop. This year, they chose to host a workshop 106 that focuses on chemistry that’s based on a Dr. Seuss book. The workshop is titled ‘It’s a Solid, It’s a Liquid, It’s Oobleck!’ Children will have a chance to make the crazy substance and see the chemical reaction that forms the liquid that converts to a solid and then back to a liquid.”

In a first for the city, Freedom High School’s STEM group is contributing as well.

“We are very excited to work with the STEM students at Freedom for the first time this year,” said Coelho. “They are offering a program where children can go from table to table to learn about and experiment with different subjects, including video-game making, bottle rockets and food science. The STEM students chose the program, have planned the activities and will run all the workshops at Freedom High School.”

In order to participate, all participants 17 and younger need their very own ‘passport.’

“The passports were distributed to elementary school students in Oakley and are also available at city hall and at each workshop,” said Coelho. “Each participant up to age 17 needs their own passport and will bring it to the workshops they attend, where they’ll get a stamp. Those who attend and get stamps at a minimum of five workshops will receive a special prize at the conclusion of Science Week. They will need to present the passport to pick up the prize, which will be available at the last workshop of the week, at Ironhouse Sanitary District, but the prizes will also be available at city hall.”

Last year, the city averaged more than 150 children, plus their parents, at each workshop, and more than 60 children who attended all eight workshops. They gave out almost 100 prizes at the conclusion of the program in 2016.

“Science Week is a tradition for a lot of families, as they’ve been attending for years,” said Coelho. “My favorite part is seeing familiar faces from previous years, hearing what the children have learned and overhearing them tell their parents that they want to come to every workshop. Our goal is to make science interesting and exciting, so kids look forward to learning, and that carries over to their school studies. I believe we meet that goal each year.”

For more information, contact Coelho at 925-625-7044 or [email protected].

107 In Bay Area, bald eagles breed and soar once more

An eagle sits above its nest on a Redwood tree at Curtner Elementary School in Milpitas — one of 19 known bald eagle nests in the nine-county region. (Gary Reyes/Bay Area News Group)

By LISA M. KRIEGER | [email protected] |

PUBLISHED: April 3, 2017 at 7:00 am | UPDATED: April 5, 2017 at 11:34 am Bald eagle population soaring in the Bay Area From a giant nest perched above the clamor of a Milpitas school playground, there’s a chilling high-pitched peal. It’s the call of the unwild.

Spring has sprung a beautiful surprise in the urban Bay Area: a bumper crop of breeding bald eagles. Long endangered, this powerful symbol of American strength and solitude is making a remarkable comeback in our crowded metropolis, with 19 reported nests in eight counties.

Creatures once seen mostly on the Discovery Channel are being sighted in a place better known for semiconductors, shopping centers and subdivisions. They’re soaring over Stanford’s Inner Quad, San Jose’s Westfield Oakridge mall, the levees of Alviso. One eagle recently perched on a pine tree near aquaticpark in San Jose. Another was mobbed by crows on the runway at Palo Alto Airport.

The eagle boom here and across country is the pay-off for decades of environmental investment. Fifty years ago, the bird seemed destined to become a memory — seen only on coins and flagpoles — until official protection and pesticide restrictions changed its fate.

108 Like paparazzi, Milpitas parents and children gathered last week to gaze up at a redwood tree on the front lawn of Curtner Elementary School, swapping predictions about when eggs might hatch. They cheered when a bald eagle soared off the branch, its wings spread 6 feet wide, flashing its white tail like a winning hand of cards.

“They’re real majestic. Talons big as my hands,” said Ruben Delgadillo, who watches every afternoon when picking up his grandson.

Marveled another parent: “You could go your whole life without seeing this, or only see them in a zoo.”

In choosing a home, eagles look for the same things as people: plentiful food, a nice home and a little space, said Ralph Schardt, executive director of Audubon Society. But just like millennials who get priced out of prime real estate markets, new pairs may be moving to more unconventional neighborhoods throughout the Bay Area. “They fly right over our playground. Everybody’s like, ‘bald eagle, bald eagle! They yell it out,” said 11-year-old Ruben Delgadillo III, joining his grandfather after Curtner’s classes were dismissed. “It’s cool.”

The largest bird of prey in the United States, the bald eagle is one of the great success stories in wildlife conservation — proof that Mother Nature can bounce back, if only given a chance. Pumas, wolves and panthers are back on the prowl. So is the Yellowstone grizzly bear. Condors are recovering, as are gray whales. California sea otters, feared to be extinct until a small number, about 50, were discovered in remote coves off Big Sur in the 1930s, have rebounded to 3,272.

This spring, Bay Area raptors are particularly abundant. A new web camera in a Richmond shipyard is recording an osprey nest — one of 42 pairs producing 51 fledglings along the San Francisco Bay, numbers that have surged over the past five years, according to the Audubon Society. Golden eagles are nesting in Cupertino’s Stevens Creek watershed. A long-gone Swainson’s Hawk returned to the Bay Area several years ago, nesting near the Coyote Creek Parkway. The white-tailed kite, almost extinct in California in the 1930s and 1940s due to shooting and egg-collecting, is common again.

109 There’s a peregrine falcon nest inside a hangar at San Francisco International Airport, said Glenn Stewart, director of the UC Santa Cruz Predatory Bird Research Group. Another pair is nesting on the counterweight of a Bay Area drawbridge, bobbing up and down every day.

Records are sparse about bald eagles’ early populations in the Bay Area. A nest in 1915 near the San Mateo County town of La Honda was the last evidence of local nesting until the current recovery, according to William Bousman’s “Breeding Bird Atlas.”

By the mid-1960s, fewer than 30 nesting pairs of bald eagles remained in the entire state of California — and they were all in the northern third of the state. Marshes were filled, and the pesticide DDT disrupted the eagles’ reproduction, thinning and crushing eggshells. Conservationist Rachel Carson warned in her book “Silent Spring” that the bird would soon be extinct.

The Endangered Species Preservation Act of 1966 helped reverse its fate. Penalties were imposed for shooting the birds. In 1972, DDT was banned.

The fish-loving birds were aided by the creation of many new man-made reservoirs, which were stocked with bass, catfish and trout.

To re-establish breeding populations in Central California, conservationists with the Ventana Wildlife Society in 1987 began importing chicks from Canada and Alaska, then released them into the Big Sur wilderness.

“That was our seed stock,” said UCSC’s Stewart. “We harvested 6- to 7-week-old eaglets and released them, 10 to 12 per year.” Survivors of these 70 transplants began spreading, first to Lake Nacimiento in San Luis Obispo County.

Meanwhile, individuals began coming down from the north; the first modern nest record for the Bay Area was from Lake Berryessa in Napa County in 1989. In 1996, a pair of breeding eagles were found at Alameda County’s Del Valle Reservoir; the female was one of Stewart’s transplants from Alaska. The first nest in Santa Clara County was in 2006. Six years later, there was a nest in San Mateo County’s Crystal Springs Reservoir. One year after that, youngsters were born at Lake Chabot Regional Park in the Berkeley hills.

Now, with 40 known nests in Central California, Stewart said, “we have succeeded beyond our wildest dreams.”

There are now 371 recorded eagle breeding nests or “territories” in California, although they may not be used every year, according to Carie Battistone, statewide raptor coordinator at the California Department of Fish and Wildlife.

The federal protection effort has been so effective that the bird has been removed from the endangered species list. Last spring, two bald eagles — dubbed Mr. President and The First Lady — nested in a tulip poplar tree in Washington, D.C.

110 County Numbers

Alameda County 3

Contra Costa 1

Marin 2

Napa 5

San Mateo 2

Santa Clara 4

Solano 0

Sonoma 2

Lisa M. Krieger Lisa M. Krieger is a science writer for the Bay Area News Group, covering research, scientific policy and environmental news from , the University of California, NASA-Ames, U.S. Geological Survey and other Bay Area-based research facilities. Lisa also contributes to the Videography team. She graduated from Duke University with a degree in biology. Outside of work, she enjoys photography, backpacking

111 Assembly Bill 898 may solve fire district funding crisis

East Contra Costa firefighter captain Robert Ruddick, of Station 52, lowers the fire truck cab after performing a regular maintenance checkup at the fire station in Brentwood, Calif., on Monday, Sept. 28, 2015. Over the past decade, the number of fire stations operated by the East County Fire District has dropped from eight to three. (Jose Carlos Fajardo/Bay Area News Group)

By BRYAN SCOTT |

PUBLISHED: April 3, 2017 at 8:57 am | UPDATED: April 3, 2017 at 8:58 am

Lives and property in East Contra Costa County may become a bit safer in the near future.

Assemblyman Jim Frazier has recently announced details of a property tax reallocation plan that could go a long way towards correcting the structural funding deficiency plaguing the East Contra Costa Fire Protection District.

Assembly Bill 898, though still in the draft stage, will move $10.5 million of property tax funding from the East Bay Regional Parks District to the local fire district.

“To me, public safety trumps everything else,” Assemblyman Frazier said.

Brentwood residents Hal Bray and Bryan Scott, co-chairs of the citizens action committee East County Voters for Equal Protection, were surprised and pleased at learning of Assemblyman Frazier’s plan.

“We see Assemblyman Frazier’s planned bill as a validation of the property tax reallocation concept, and appreciate his taking the lead in addressing the community problem,” Bray said.

112 ECV sees the proposed legislation as validating the dire need for increased funding for fire and emergency medical services in East Contra Costa County, and also establishing a method, reallocating property tax revenue, as the correct way to address the fire district’s structural funding problem.

ECCFPD provides fire and emergency medical services to 110,000 residents of 250 square miles of eastern Contra Costa County. Fire districts throughout California are primarily funded by state property taxes, disbursed according to allocation rates set 35 years ago. ECCFPD receives property tax funding at a rate one-fourth to one-third of what other fire districts in Contra Costa County receive.

The proposed legislation also validates the roles of the legislature and local government agencies in solving the crises, according to Bray and Scott.

The EBRPD, in their 2017 Proposed Budget, show Total Resources of $210,260,270 (Page 56). Of this amount $123,004,400 are listed as Property Tax resources. The budget shows that this figure grew by 7.15%, or $8,204,400, when compared with 2016.

AB 898’s $10.5 million property tax reallocation amount is 8.54% of the property tax funds the park district is budgeted to receive in 2017, or 4.99% of their total resources.

The process of how Frazier’s reallocation program will be implemented has not yet been made public. If the plan is implemented over a four-year period, as has been suggested by ECV reallocation proposals, EBRPD would gradually transfer a portion of the growth in property tax funding to ECCFPD for each of the next four years.

If the plan were implemented for 2017 this would mean EBRPD property tax funding would grow by 4.9% ($5,519,400) instead of 7.15%, with $2,625,000 being transferred to the fire district.

This means that the park district’s property tax funding would grow by nearly five percent even while California improves the safety of lives and property in East County.

This process would continue, with the reallocation amount increasing each year by about $2,625,000. EBRPD property tax funding would just grow a little slower than normal until the full $10.5 million has been reallocated to the ECCFPD.

At that point the park district property tax funding would grow normally, and the fire district would have funding at a property tax allocation rate of about 13.86%, which is about the average for county fire districts and second lowest.

Assembly Bill 898 requires approval of two-thirds of the California Assembly and Senate in order for it to become law.

Bryan Scott is a Brentwood resident and Co-Chair of East County Voters for Equal Protection, a non- partisan citizens action committee whose aim is to improve funding for the ECCFPD. He can be reached at [email protected], or 925-418-4428. The group’s Facebook page is https://www.facebook.com/EastCountyVoters/.

113 Spectacular California waterfalls to see right now

Alamere Falls at Point Reyes plunges down a series of cascades before toppling some 30 feet down a shale cliff to the ocean beach below. (Courtesy of Dino Vournas)

By DINO VOURNAS, CORRESPONDENT |

PUBLISHED: April 2, 2017 at 8:00 am | UPDATED: April 6, 2017 at 11:05 am Chasing waterfalls: Bay Area's top spots Waves of mist engulf me like a tsunami, mingling with those feel-good negative ions generated by the near torrential flow of Alamere Falls in Point Reyes National Seashore. This year’s banner Bay Area rainfalls — record-setting in some situations — have bestowed impressive volumes to this and other local waterfalls.

Of course, this same precipitation has made many waterfalls inaccessible in the short run, destroying trails and felling trees along access routes. Forewarned, I was already plotting the next destination of my adventure tour of four Bay Area cataracts, pondering my plan while lounging on this Marin County beach, getting giddy on ions. You can get giddy, too.

Here’s how to reach some of the Bay Area’s most spectacular waterfalls. Some require some strenuous footwork; others are a mere happy hop. Marin’s jewels On a recent warm weekday morning, I head for Bolinas, eager to access Alamere Falls via the Palomarin trailhead at the end of Mesa Road. The moderate-level, 13-mile round- trip trail threads along the coast, offering dizzying clifftop views, before heading inland through seashore flora, past lurking poison oak and forested areas and skirting two small lakes. 114 I learn early on the daylong uphill climb and return that with few exceptions, the mantra is, “Wanna see the falls? You gotta earn the falls!”

After 3.5 miles, I come to a trail junction and a sign made of rocks pointing to “falls.” This shorter route was once the official falls trail, but is now unmaintained, storm-damaged and not recommended. Park rangers cite crumbling rock and dangerous conditions, as well as poison oak and ticks, imploring you to continue on to Wildcat Campground and proceed south along the beach at low tide to the falls.

The reward is significant: Alamere Creek plunges down a series of cascades before toppling some 30 feet down a shale cliff to the ocean beach below. This “horsetail” variety of falls is one of two rare “tide-falls” in California that crash directly into the ocean. Major bridge damage has made Big Sur’s sublime McWay Falls unreachable from the north by car, but Marin’s Alamere is accessible.

On this particular day, Alamere is simply stunning: Waters cascade in a spectacle of infinite patterns, while visitors play in the spray, taking selfies and picnicking on the beach and along the cliffs.

Another splendid Marin waterfall is Carson Falls, off Fairfax-Bolinas Road, which climbs past the Meadow Club golf course to the road closure gate at the Pine Mountain Fire Road trailhead. The journey up the rutted fire road rewards hikers with sweeping vistas of verdant green hills, soaring hawks and vultures and crystal-clear bay views.

This moderate, 3.2 mile roundtrip trail is well-marked on sign posts as you head left down Oat Hill Road and bear right into a thick forest, arriving at the top of Carson Falls.

Crossing a small bridge on the right, I come to a spot midway down the falls, where several cascades rush down a basalt gorge into pools, preparing for their final leap off a 35-foot rock face. To see the lower falls, I continue down the trail and then double-back up the creek, jumping rocks and stream to get into position for some great photos.

(Tempting as it may be to do a two-for-one and take in nearby Cataract Falls, access is curtailed, due to the Fairfax-Bolinas Road closure.) Alameda County choices The East Bay has its own waterfall claims to fame, of course, including Donner Falls on the flank of , reached by a 5.2-mile moderate loop from Clayton. And for you masochists, there’s 100-foot tall Murrieta Falls at Del Valle Regional Park near Livermore, a gut-punching 12-miler, with a killer 4,000-foot vertical climb.

Not being a masochist, I opt for a 2.8-mile stroll in the Sunol Wilderness Regional Park to reach the Little Yosemite area. Sunol Park, off Calaveras Road at the end of Geary Road, is popular with families and dog walkers, and the trail draws large weekend crowds. The path is quite wide, gently rising next to a gorge lined with igneous and metamorphic rock boulders.

115 In the canyon, the now-raging has gone all Merced River here, overrunning its banks and flooding forested areas on its way through Niles Canyon and out to the bay. In the Little Yosemite area, hikers climb among the rocks to catch views of small waterfalls and churning pools. Alas, perfect swimming holes are not to be; no dipping allowed. Big Basin Wonder Heading south, I make my way down Highway 9 to State Route 236, bound for Big Basin Redwoods State Park and Sempervirens Falls, near Boulder Creek. Newly paved but very narrow, Route 236 winds through the archetype of the forest primeval, winding and winding, seemingly taking one minute less than forever to reach park headquarters. From there, a short ride up nearby Sky Meadow Road yields a small parking area adjacent to the falls. And no hiking required!

Sempervirens Falls — Sequoia sempervirens is the coast redwood tree — is a small, postcard-perfect waterfall that drops into an emerald pool that might as well be situated in the Forest of Lothlorien in Elvish Middle Earth. The little cascade is a perfect place for contemplation.

IF YOU GO When hiking to waterfalls, carry extra layers of clothes, plenty of water and trail food, a multitool, a flashlight and, if you’re carrying a camera, an extra battery. A small first aid kit and moleskin is always helpful. Make sure your cell phone is charged. Check these websites for road and trail updates before you go.

Alamere Falls: Check the tide tables for beach hiking here. Find more information at www.nps.gov (use the search field to look for Alamere Falls). Carson Falls: bahiker.com/northbayhikes/carsonfalls.html Sempervirens Falls: Big Basin has been especially hard-hit by storms this winter. The main 10.5-mile loop trail to Berry Creek, Silver Falls and the Golden Cascade is impassable, although you can still reach those falls by other more circuitous, strenuous routes. But Sempervirens Falls is easy to reach and beautiful. Find more details at www.parks.ca.gov/?page_id=540. Sunol Wilderness: www.ebparks.org/parks/sunol Falls on Grass Valley Creek: These waterfalls at Oakland’s Chabot Park can be reached by parking at the Clyde Woolridge Staging Area at the intersection of Grass Valley Road and Skyline Blvd. Walk up the hill about 100 yards to an entry gate, go through the gate and walk down the Jackson Grade trail about 1/3 of a mile until you come to the stone bridge. Proceed right at the Cascade Trail about 1/4 mile to the falls. The trails are being cleared of trees so call 1-888-EBPARKS before you go to make sure the path is clear. More waterfalls resources: Find information about waterfalls around the world, including falls in and the Bay Area at www.world-of-waterfalls.com.

116 Big wildflower bloom expected in Bay Area parks as spring sunshine arrives

A Magenta Red Maid blooms along the Zinfandel trail at Picchetti Ranch Open Space Preserve in Cupertino, Calif., on Tuesday, March 28, 2017. The drenchingwinter rains could see a banner year for wildflowers in the Bay Area. (Gary Reyes/Bay Area News Group)

By PAUL ROGERS | [email protected] |

PUBLISHED: April 1, 2017 at 6:00 am | UPDATED: April 3, 2017 at 6:49 am Bay Area's gets own "super bloom" They called it the “Super Bloom.” A once-in-a-decade explosion of wildflowers painted the deserts of in March with brilliant fields of yellow, orange, white, red and purple, captivating photographers and hikers from around the country. And now it’s the Bay Area’s turn.

The soaking wet winter that put California’s suffocating drought into the history books is also expected to bring a rich bounty of wildflowers to Bay Area parks and preserves as sunshine and warm weather arrive in earnest during the coming days and weeks. Already, patches of orange poppies, purple lupine and bright yellow mustard flowers are appearing along Northern California freeways, backyards and hiking trails from Mount Diablo near Walnut Creek to Henry Coe State Park near Morgan Hill, and from Wilder Ranch in Santa Cruz to Point Reyes National Seashore in Marin County. 117 “It is a little early, but all indications are that it’s going to be a tremendous year,” said Kevin Damstra, supervising naturalist for Sunol Regional Wilderness, a unit of the East Bay Regional Park District. “We are starting to see wildflowers popping up in areas we haven’t had because of the drought. We’re in for a beautiful display.”

California Poppies bloom at Sunol Regional Wilderness Park in Sunol, on March 28. (Dan Honda/Bay Area News Group)

The wildflower peak this year around the Bay Area should run from mid-April into May, he said.

Damstra said the 6,859-acre Sunol park, which is hosting its annual spring wildflower festival on Sunday, April 9, with hikes, music and crafts, typically has some of the best wildflower displays every year in the East Bay. Rain and cool weather in March have delayed the Bay Area wildflower season by a few weeks, he said.

But already at Sunol Regional Wilderness, a rugged, oak-studded expanse of land east of Fremont, buttercups and blue-eyed grass are out in force. Mid-spring flowers like purple sanicle, checker lilies and some of the lupine species are starting to arrive.

“If you go out right now, there are a great number of flowers out there,” Damstra said. “People won’t be disappointed. I anticipate it will only get better over the next month or month and a half.”

Brian Linde and Jodie Ruland of Oakland hiked with their dog at the park recently and marveled at the majestic spring panorama, a scene of puffy white clouds, bright green hillsides and rushing water through Alameda Creek. They described the early part of the wildflower season as a scavenger hunt, but said they spotted ample amounts of poppies during their hike. “Get out of your car,” said Ruland. “You are going to see stuff. Right here, there are four kinds of flowers,” she said, pointing to the ground. “They are small, but still beautiful.”

Many parks are capitalizing on the public’s interest this year — not only because of the amazing photographs of the “Super Bloom” that filled Facebook, Instagram and Twitter from Anza Borrego, Joshua Tree, Antelope Valley and other Southern California desert parks, but also because the drought has Northern Californians longing for the vibrant spring displays.

118 Wildflowers boom in the Middle Ridge Open Space in Tiburon on March 16, 2017. (Alan Dep/Marin Independent Journal) “Last I heard, we were at 25 or 26 inches for rainfall this winter,” said Duke Heberling, supervising ranger at Pacheco State Park east of Gilroy. “Our annual average is about 8 inches. We’re still very green out here.”

Pacheco State Park, which hosted a wildflower day Saturday, has been barren and dry for most months back to 2012 — an arid landscape surrounding much of . But as the reservoir filled up this winter — from 10 percent last August to 100 percent today — the hills have bloomed. “We had a pretty good year last year, and this year seems to be better,” Heberling said. “There’s a huge variety. There’s like an 80-acre field of yellow mustard. It’s just amazing.”

Cindy Roessler, a biologist with the Midpeninsula Regional Open Space District, said some of the best places in the Peninsula and South Bay for wildflowers in the coming weeks will be the Woods Trail at Sierra Azul Open Space Preserve near Los Gatos, Skyline Ridge Open Space Preserve along Skyline Boulevard and Edgewood County Park and Natural Preserve in the hills of Redwood City.

John Henderson and his wife, Rose, with camera in tow, were out at Edgewood last week, looking for the elusive purple mouse ears, a distinctive lilac-colored plant found in serpentine soils of California and Oregon.

“It’s not a large bloom yet,” he said. “They’re just starting. But it’s a good year to be hopeful.”

119 Blue larkspurs bloom on Old Stage Road at Edgewood County Park and Natural Preserve in Redwood City on March 28, 2017. (Gary Reyes/Bay Area News Group) Nearby, Diane Thomson of Mountain View was hiking along the Sylvan Trail, having just come back from a wildflower trip to Anza Borrego State Park in eastern San Diego County. ““We saw lots of flowers. All kinds of desert wildflowers. It really was worth the trip,” she said, pausing to point out a bush of purple lupine.

“Isn’t that gorgeous?” she said. “It feels good to be out in nature any time of year. But spring gives us the added benefits of wildflowers.”

120 How the East Bay Shoreline Became A Park for the People by Lisa Krieger on March 28, 2017

A sailboat leaves the Berkeley marina. (Photo by Kathy Barnhart)

A walk through the Berkeley Meadow along the San Francisco Bay is a walk among the healing ruins of the fiercest and most protracted battle for a state park in California history. You wouldn’t know that underfoot lies a layer of construction refuse—old asphalt, concrete, and building materials—12 feet thick, covered now by a lush landscape of willows, coyote brush, and native grasses. Meadow voles have moved in. Raptors circle overhead, as if doing victory laps.

Burrowing owls make a home at Eastshore State Park. (Photo by Rick Lewis)

The 72 acres of re-created coastal prairie and scrub lie at the heart of McLaughlin Eastshore State Park, today a necklace of open public spaces along the bayshore north of the Bay Bridge. But for a long time it was a polluted and legal quagmire that not even California State Parks really wanted. The land—an 8.5-mile waterfront stretch from Emeryville to Richmond—worth millions, seemed 121 destined to be paved over. One development proposal wanted twin 18-story hotels, and another a “stilt city” of high-rises, at the Emeryville Crescent. There were visions of office buildings, restaurants, and shops in Berkeley, as well as shopping centers in Berkeley and Albany. Yet another set of development plans embraced by many civic leaders in the 1980s called for ten million square feet of construction, roughly equivalent to 14 buildings the size of San Francisco’s Transamerica Pyramid. The Santa Fe Railroad Company and its allies would have benefitted handsomely.

East Bay environmental activist Sylvia McLaughlin was appalled. Beginning in the 1960s, she helped launch a nearly 50-year campaign that prevailed, against all odds, to turn the damaged Berkeley Meadow and the East Bay shoreline into a 2,000-acre sanctuary now managed by the East Bay Regional Park District (EBRPD). “Somebody said, ‘Well, it’s just a dump,’” recalled McLaughlin, a housewife-turned-crusader who passed away a year ago. “I said, ‘Well, it’s our dump … and we want it to be our park.’”

She and her allies faced four big hurdles: They needed to halt shoreline development and activities that were filling in the Bay, in order to protect the Bay. Money had to be found to buy the shore land. They needed to permanently protect it through official park designation. Then, if all that could be accomplished, there was this: Clean up the mess, make it beautiful, and welcome the public.

“People willed this park into existence,” says Robert Cheasty, a former Albany mayor and current executive director (and founding member) of Citizens for East Shore Parks (CESP), which works to conserve habitat and secure public access to the shoreline and was established in 1985.

What started as a small movement grew into a large and determined coalition of environmental and community groups and five East Bay cities. It took lawsuits and legislation, zoning changes and lobbying campaigns, bond measures and propositions, and determined individuals who refused to take no for an answer.

A great egret hunts along the Bay Trail. (Photo by Najib Joe Hakim)

Today the McLaughlin Eastshore State Park is a place of recovery and gradual rehabilitation. At different sites, workers have hauled out garbage and delivered truckloads of fresh dirt. Tractors are furrowing and seeding gentle dunes. Oyster beds and rocky reefs have been built just offshore. New trails are under way. More educational panels will be erected.

122 The enhanced and restored areas provide habitat to hordes of waterbirds, including less-common visitors such as the wandering tattler, red phalarope, black skimmer, and common murre. There are sweeping views of Mount Tamalpais, the Golden Gate Bridge, and the San Francisco skyline, as well as of the East Bay hills.

“Everything doesn’t need to be developed—not this,” says Alex Saunders, 60, of Berkeley, as he casts for bat rays near the Berkeley Marina, a stiff wind fluffing his worn shirt like a sail. “I come every day for the peace of mind. I love it.”

Paddleboarding in the Bay near Cesar Chavez Park. (Photo by Rick Lewis)

The success of saving the Bay from being filled in and reduced to a shipping channel is an inspiring and oft-told tale, an illustration of our region’s changing relationship to our waters. It started in the early 1960s, when California’s population was surging and garbage was filling the Bay at the rate of hundreds, sometimes thousands, of acres per year. Distressed, McLaughlin and friends founded Save San Francisco Bay Association, later called Save The Bay, to end the practice. But the concluding chapter of the story—the politically divisive, exasperating, and expensive creation of Eastshore State Park—is less well known.

The ideas of saving the Bay and creating a park were twins, connected and co - conceived, says Norman La Force, author of Creating the Eastshore State Park: An Activist History. As early as 1963, Save The Bay’s shoreline park committee met to discuss fundraising for a small Berkeley-based park.

“Our first thought was to acquire the land,” recalled McLaughlin in a 2006 interview recorded by the Regional Oral History Office at UC Berkeley’s Bancroft Library. “You couldn’t really plan for somebody else’s land.” But the Bay’s destruction, through dumping, was a more urgent problem. “You sort of go from crisis to crisis,” she said.

The dream of a park became more real when the Bay Conservation and Development Commission (BCDC) went from being an interim agency to a permanent state planning and regulatory entity in 1969. The commission’s landmark Bay Plan cited, to the joy of local environmentalists, the need for new shoreline parks, marinas, beaches, fishing piers, and pathways, especially in urban stretches where people live close to the water but are shut off from it. But city officials hungry for growth were initially dubious. So was the state parks system, which had little experience managing urban land and little interest in the 123 complicated challenges of this particular polluted parcel. Even the East Bay Regional Park District was wary; while it already managed eight urban shoreline parks, officials thought the state should take the lead.

And there was this one big problem: landowner Santa Fe Railroad’s development ambitions. Although trains never ran here—there was only a rail spur, built with the expectation of industry that never materialized—Santa Fe owners knew it was valuable real estate. In one meeting, Santa Fe’s principal planner looked at the Bay and said, “‘See, it’s not being used,’” McLaughlin recalled. Her response: “I’m using it. I’m looking at it right now.”

A man and his dog relax at the tip of Point Isabel. (Photo by Najib Joe Hakim)

A turning point came in 1972 when the Berkeley City Council voted against building a regional shopping center on landfill. There was a second success when Santa Fe’s planned development in Emeryville—a “stilt city” of high-rises on wetlands—was rejected by BCDC. Santa Fe sued Berkeley over the shopping center, but in 1980 the state Supreme Court ruled against the company’s construction plans. The California State Park and Recreation Commission soon placed the shoreline park on its list of priority projects to fund. The state Coastal Conservancy issued an official East Bay Shoreline Report recommending establishment of an East Bay shoreline park and identified key lands for inclusion.

But then progress suddenly stalled. Republican George Deukmejian, who held no great love for the Bay Area, was elected governor in 1983. State Parks put the Eastshore park planning on a back burner. “They were always very polite and seemed to agree but nothing much happened,” says retired UC Berkeley adjunct professor of earth and environmental sciences Doris Sloan, a board member of CESP who joined the effort early. “Things just sort of collapsed, basically.”

Worried, the disparate groups of park advocates realized they needed to organize as a unified force, agree on a common strategy, seek grant funding, and elect more progressive civic leaders. A coalition called Save Our Shoreline was formed—the progenitor of today’s Citizens for East Shore Parks.

“We decided to keep pushing [in] other ways,” Cheasty says.

Santa Fe pressed forward with massive development plans along the shorelines of three cities. But after a decade of back-and-forth battles, Catellus, then the real estate subsidiary of Santa Fe, gave up in 1990 after losing court battles and elections in Emeryville, Berkeley, and Albany, concluding that it made more economic sense to sell its East Bay property than to keep fighting.

124 “We built a juggernaut,” Cheasty says. “Support for the park had built to a crescendo. More and more people saw the rightness of the cause. At this point, there was major commitment from everywhere. Santa Fe realized the wisdom of getting out,” he adds. “We could finally tell developers: ‘Don’t even bother calling.’”

But how to pay for a park? Without the support of State Parks, the citizens couldn’t afford it, although that had begun to change in 1988 when voters approved two bond measures, one state and one regional, for a total of $40 million to acquire land for the Eastshore State Park. And who would manage it, if not State Parks? State Assemblyman Tom Bates led a unique legislative effort that gave the East Bay Regional Park District (EBRPD) the authority to act on behalf of the state and use the state’s funds to buy and run the park.

“I don’t think there is anything anywhere in a metro area in the United States where you have nine miles and six urban cities that are connected through a shoreline park like this,” says EBRPD General Manager Robert Doyle. “It’s an environmental justice issue. It’s a small miracle. But it really took a lot of effort and would not have been done without the park district being willing to step into a very difficult situation.” By 1992 the Emeryville Crescent, Albany Mudflats, and part of had been purchased. But the prize acquisition came in 1998, when the park district bought the coveted acres encompassing the Berkeley Meadow, Brickyard Cove area, and North Basin Strip (together considered of greater value than the narrow shoreline parcels). Catellus wanted $80 million for the land, but ultimately settled for $27.5 million under the district’s threat of eminent domain.

“We spun garbage into gold,” said Bates at the park’s 2006 dedication ceremony.

Now the healing could begin.

Playing ball along the shore at the North Basin Strip. (Photo by Sally Rae Kimmel)

What does victory look like?

125 You can find out during a visit to the park, where you’ll experience the results of a contentious two-year planning process wherein many disparate groups asserted, in good faith, their own visions of the park, culminating in the final plan in December 2002. The plan provides for a wide range of users—soccer clubs and Little Leaguers, kayakers and windsurfers, anglers and birdwatchers, dog lovers, and the Let It Be group, who loved the rebar, concrete and weeds—all brought together by CESP.

Environmentalists successfully argued that the park should receive designation as a state seashore rather than a recreation area. And recent revisions to regulations have strengthened protection of wetlands. “We thought public access to the Bay was a good thing, and back then there wasn’t any. It was measured in feet,” McLaughlin, who the park is named in honor of, noted at the dedication ceremony. “Today it’s measured in miles.”

Flying kites in the bayshore breeze at Cesar Chavez Park, owned by the city of Berkeley but close to the meadow. (Photo by Rick Lewis)

The Berkeley Meadow flanks the western terminus of University Avenue and marks the official entrance to the park with an expansive sign adorned with the image of a great egret. Just to the south, in the area called the Berkeley Brickyard, renovations of 31 acres tucked between Interstate 80 and the Bay are under way. Last year, large piles of soil that had been stored on the property for more than a decade were regraded and spread over the property; trails have been built. There are plans to plant grasses and native wildflowers this spring, followed by installation of a parking lot, interpretive display, picnic tables, new concession building, and a small service yard. Currently the Brickyard’s opening to the public is slated for winter of 2019.

The neighboring Berkeley Meadow’s reconstructed seasonal wetlands and coastal prairie are transected by two trails and protected by fencing. To build this meadow, EBRPD delivered truckloads of dirt from the construction of UC Berkeley’s Memorial Stadium, Oakland’s Kaiser Permanente building, and other projects, says Chris Barton, EBRPD’s environmental programs manager.

Historically, “there were a lot of seasonal wetlands here—pockets of perched water in upland areas,” Barton adds. “So to create the seasonal wetlands in the meadow, we took clay soils that collect rainfall and hold water over time.”

126 The new meadow’s diversity of habitats—including dense willow forest, shrubs, open grasslands and deep standing water—attracts many kinds of birds, notes Douglas Bell, EBRPD wildlife program manager and a raptor specialist.

Song sparrows perch on fennel stalks. In the winter, look for yellow-rumped warblers. Northern harriers, white-tailed kites, and red-tailed hawks may be overhead. In standing water there might be ducks, greater yellowlegs, great blue herons, and great egrets. Small, round burrowing owls, mostly female, have been seen in the meadow, using ground squirrel holes for their homes. There’s even been a bobcat sighting in the area.

Farther north is a long landfill peninsula that juts out into the Bay. This peninsula, once open water, was created when asphalt, concrete, rebar, tile, brick, and household waste was dumped here between the 1960s and 1987. Now part of the park, the “neck” is being restored by the park district. It leads you toward the Albany Bulb, owned by the City of Albany and not yet managed as part of the park, and formerly home to a flourishing outlaw culture of artists and homeless people.

Visible in the water are crescent-shaped oyster-shell reefs and tide pools favored by nudibranchs, sea squirts, and other aquatic invertebrates. When the tide rolls in, the peninsula offers a great view of sea ducks like surf scoters and bufflehead, diving ducks like scaup and wigeons, and dabbling ducks like mallards and gadwalls. Cormorants perch on rocks, spreading their wings to dry.

The park concludes at Richmond’s Point Isabel (which USA Today dubbed one of the “10 Best Amazing Dog Parks”), a 23-acre off-leash canine mecca with paved trails and sweeping views of Mount Tamalpais and the Golden Gate Bridge. Nearby is 40-acre Hoffman Marsh, an intertidal salt marsh that is a remnant of the vast marshes and tidal flats that once ringed the Bay. The delta for the mouth of a creek that drains portions of Richmond and El Cerrito contains a complex channel system and upland vegetation where birds can roost, forage, and nest during high tide in a habitat now rare in the East Bay.

Someday, this kind of ribbon could be copied elsewhere along the Bay, creating a park that protects us from a threat early activists never imagined: climate change. “Buffer zones” of wetlands could defend against a rising sea level and storm surges. Setback lines for coastal development could prevent deaths and destruction of homes.

Then the shoreline we saved may end up saving us.

Lisa M. Krieger is a science writer at The Mercury News.

127