Board of Directors Board Meeting Packet
NOVEMBER 1, 2016
Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH (510) 569-1417 FAX MEMO to the BOARD OF DIRECTORS East Bay Regional EAST BAY REGIONAL PARK DISTRICT Park District Board of Directors
DOUG SIDEN The Regular Session of the NOVEMBER 1, 2016 President - Ward 4 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, BEVERLY LANE 2950 Peralta Oaks Court, Oakland. Vice President - Ward 6 DENNIS WAESPI Treasurer - Ward 3 DIANE BURGIS Secretary - Ward 7 Respectfully submitted, JOHN SUTTER Ward 2 AYN WIESKAMP Ward 5 WHITNEY DOTSON Ward 1 ROBERT E. DOYLE General Manager ROBERT E. DOYLE General Manager
P.O. Box 5381 2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX www.ebparks.org AGENDA
REGULAR MEETING OF NOVEMBER 1, 2016 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 11:30 a.m. ROLL CALL (Board Conference Room) meeting at 2950 Peralta Oaks Court, Oakland, CA, commencing at 11:30 a.m. for PUBLIC COMMENTS Closed Session and 1:00 p.m. for Open Session on Tuesday, CLOSED SESSION November 1, 2016.
Agenda for the meeting is A. Conference with Labor Negotiator: Gov’t Code § 54957.6 listed adjacent. Times for agenda items are approximate only and are subject to change during the Agency Negotiator: Robert E. Doyle, Debra Auker, meeting. If you wish to speak on Jim O’Connor, Sukari Beshears matters not on the agenda, you Employee Organizations: AFSCME Local 2428, Police Association may do so under Public Unrepresented Employees: Managers and Confidentials Comments at the beginning or end of the agenda. If you wish to testify on an item, please B. Conference with Legal Counsel: complete a speaker’s form and submit it to the Clerk of the 1) Existing Litigation – Gov’t Code § 54956.0 (d) (1): Board.
A copy of the background a) SPRAWLDEF et al. v. FEMA et al. materials concerning these United States District Court, Northern District of California agenda items, including any Case No. 3:15-cv-02331-LB material that may have been submitted less than 72 hours b) Subdivision (a) of Gov’t Code § 54956.9: before the meeting, is available for inspection on the District’s Breon Johnson v. EBRPD, WCAB No. ADJ9797123 website (www.ebparks.org), the Administrative Building C. Conference with Real Property Negotiator Regarding Price and/or reception desk, and at the Terms of Payment – Gov’t Code § 54956.8 meeting. Agendas for Board Committee 1) Agency Negotiator: Bob Nisbet, Liz Musbach Meetings are available to the public upon request. If you wish APN/ADDRESS PROPERTY OWNERS PARK/TRAIL to be placed on the mailing list to receive future agendas for a Contra Costa County specific Board Committee, please call the Clerk of the 003-160-006 Coelho Machado Family Vasco Hills Board’s Office at (510) 544- Vasco Road, Unincorporated LP Regional Preserve 2020. Contra Costa County District facilities and meetings 075-051-004 and 075-051-010 Antioch Unified School Black Diamond comply with the Americans with (formerly 075-051-005 and District (Moller Ranch) Mines Regional Disabilities Act. If special 075-051-007) Preserve accommodations are needed for you to participate, please 4546 Somersville Road contact the Clerk of the Board Unincorporated Contra as soon as possible, but Costa County preferably at least three working days prior to the meeting. 3 1:00 p.m. OPEN SESSION (Board Room)
PLEDGE OF ALLEGIANCE
A. APPROVAL OF AGENDA
B. PUBLIC COMMENTS
1:15 p.m. C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of September 19, 2016 to October 2, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of October 18, 2016 (Barial Knight/Auker) (No Cost) c. Authorization to Amend a Contract for Services with Placeworks Inc. for Biologic Resource Permitting Support: Concord Hills Regional Park (Holt/Nisbet) (Resolution) (Budgeted Funds) d. Authorization to Accept and Appropriate Funds from the East Contra Costa County Habitat Conservancy for Habitat Enhancement and Range Management Activities, Black Diamond Mines Regional Preserve (Margulici/Graul/Auker) (Resolution) (Revenue Authorization) e. Authorization to Apply to the Contra Costa Transportation Authority for Measure J Funding for Trails in Contra Costa County: San Francisco Bay Trail (Margulici/Dougan/Auker) (Resolution) (No Cost) f. Authorization to Purchase Replacement Computers from Dell Computer Corporation: Information Services Department (Tallerico/Auker) (Resolution) (Budgeted Funds) g. Authorization to Release Draft Measure WW Urban Creeks Grant Program Procedural Guidelines for Public Review (Rasmussen/Graul/Auker) (Resolution) (No Cost) h. Authorization to Award a Contract for Landscaping Services to BrightView Landscape Services: Peralta Oaks Administration Building and Trudeau Training Center (McNally/Auker) (Resolution) (Budgeted Funds)
1:30 p.m. 2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION
a. Authorization to Transfer and Appropriate Funds for Acquisition of the191.45± Acre Moller Ranch Property from the Antioch Unified School District: Black Diamond Mines Regional Preserve (Musbach/Nisbet) (Resolution) (Budgeted Funds/Grant Funds)
4 b. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 199.43± Acres of Real Property from the Coelho Machado Family Limited Partnership, a California Limited Partnership: Vasco Hills Regional Preserve (Musbach/Nisbet) (Resolution) (Budgeted Funds/Grant Funds) c. Approval of the Point Pinole Regional Shoreline Land Use Plan Amendment for the O’Neill/Carr Property and Naming of Park Features: Point Pinole Regional Shoreline (Barton/Holt/Nisbet) (Resolution) (No Cost) d. Authorization to Award a Contract to Parsons Brinkerhoff, Inc. for Construction Management Services for the Pinole Shores to Bayfront Park Project: San Francisco Bay Trail (Dougan/Nisbet) (Resolution) (Budgeted Funds)
2:15 p.m. 3. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
2:30 p.m. 4. GENERAL MANAGER’S COMMENTS
a. Staff Presentation: Operations Division
3:00 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION
3:05 p.m. 6. BOARD COMMITTEE REPORTS
a. Executive Committee (10/14/16) (Siden) b. Operations Committee (8/18/16) (Sutter)
3:10 p.m. 7. BOARD COMMENTS
4:00 p.m. D. PUBLIC COMMENTS
4:10 p.m. E. ADJOURNMENT
5 CONSENT CALENDAR
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of September 19, 2016 Through October 2, 2016 (Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of September 19, 2016 through October 2, 2016.
Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records.
6 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 -
November 1, 2016
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF SEPTEMBER 19, 2016 THROUGH OCTOBER 2, 2016
WHEREAS, District Resolution No. 1992 - 1 - 40, adopted by the Board of Directors on January 21, 1992, requires that a listing of District checks be provided to the Board Treasurer for review;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the check listing for the period of September 19, 2016 through October 2, 2016;
Moved by Director , seconded by Director , and adopted this 1st day of November, 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
7 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
b. Approval of the Minutes for the Board Meeting October 18, 2016 (Barial Knight/Auker)
8 Page Left Blank Intentionally
9 The Board Meeting, which was held on October 18, 2016 at the East Bay Regional District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 11:40 a.m. by Board President Siden.
ROLL CALL
Directors Present: Doug Siden, President Beverly Lane, Vice President Dennis Waespi, Treasurer Diane Burgis, Secretary John Sutter Ayn Wieskamp Whitney Dotson
Directors Absent: None.
PUBLIC COMMENTS:
At this time, the Board of Directors met in Closed Session to discuss those items outlined on the agenda.
The Open Session of the Board Meeting was called to order at 1:10 by Board President Siden.
Staff Present: Carol Victor, Carol Johnson, Jim O’Connor, Bob Nisbet, Liz Musbach, Mark Ragatz, Aaron Roth, Ana Alvarez, Suzanne Lusk, Kelly Barrington, Sean Dougan, Mona Koh, John Bouyea, Capt. Theile, Matt Graul, Glenn Gilchrist, Jeff Rasmussen, Mona Koh, Kelly Barrington, Anne Kassebaum, Tiffany Margulici. Dan McCormick, Michael McNally, Pete DeQuincy, Kristina Kelchner, Katy Hornbeck, Lt. Gretchen Rose, Kyle Maxwell, Brian Holt, Bill Zenoni
Guests: None.
A. APPROVAL OF AGENDA
By motion of Director Dotson, and seconded by Director Wieskamp, the Board voted unanimously to approve the revised agenda pulling items f and g for a separate vote.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
B. SPECIAL RECOGNITION
The 80th Anniversary of the opening of Redwood Bowl was celebrated.
10 C. PUBLIC COMMENTS
Stan Kolodzie, Briones Archers President, presented an adopted resolution to the Board suggesting that the archery range be renamed in honor of Ted Radke. President Siden commented that the Park District is working with the Radke family on naming proposals to honor Director Radke.
Bruce Beyaert, TRAC, handed out a map to the Board and gave a brief update on the Bay Trail in Richmond. Beyaert extended thanks to Director Sutter for all of his work. President Siden and Director Sutter extended appreciation to TRAC. GM Doyle commented on the importance to have someone work in the city boundaries of Richmond.
D. BUSINESS BEFORE THE BOARD
CONSENT CALENDAR
By motion of Director Wieskamp, and seconded by Director Burgis, the Board voted unanimously to approve the Consent Calendar except for item d.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
a. Approval of District Check Listing for the Period of September 5, 2016 to September 18, 2016 Resolution No. 2016 – 10 – 267 (attached)
b. Approval of the Minutes for the Board Meeting of October 4, 2016
c. Approval of Out-of-State Travel for Directors Doug Siden, Diane Burgis and Whitney Dotson to Attend the 2016 Restore America’s Estuaries Summit New Orleans, Louisiana from December 10 - 15, 2016 Resolution No. 2016 – 10 – 268 (attached)
d. Authorization to Execute an Extension of a Donation Agreement with Chevron U.S.A. Inc. for a Recreational Trail Easement at Point San Pablo Peninsula: San Francisco Bay Trail Resolution No. 2016 – 10 – 269 (attached)
Bruce Beyaert, TRAC presented to the Board asking them to include an additional ‘whereas’ to the current resolution. The new whereas reads: "WHEREAS, Chevron entered into a January 23, 2009 agreement with the State Lands Commission committing to provide both the Phase 1 and Phase 2 Bay Trail easements to a public agency; and". The Board discussed the request and GM Doyle weighed in that this addition is a statement of fact not related to our agency, but to the State Lands Commission. District Counsel Victor stated that it be added as the 4th whereas in the resolution. Director Lane asked if both trails would be eligible to apply for TIGER grants. Jeff Rasmussen, AFO, commented that the trails would be eligible for a TIGER Grant.
Director Lane moved and Director Wieskamp motioned that the Board authorize the execution of this extension adding an additional fourth whereas to read, "WHEREAS, Chevron entered into a January 23, 2009 agreement with the State Lands Commission committing to provide both the Phase 1 and Phase 2 Bay Trail easements to a public agency; and". The motion passed unanimously. e. Authorization to Enter into a Lease Agreement with the State Lands Commission: San Francisco Bay Trail Resolution No. 2016 – 10 – 270 (attached)
President Siden wanted to ensure that Director Dotson did not have to recuse himself for item f.. District Counsel stated that this is on the San Pablo Peninsula and Director Dotson may stay.
f. Authorization to Award a Contract for Fuels/Vegetation Management Services to ArborWorks, Inc.: Wildcat Canyon Regional Park Resolution No. 2016 – 10 – 271 (attached)
Director Sutter questioned the reason for the large discrepancies in the bid prices. Capt. Theile of the Fire Dept. commented that it is fairly typical of the spread Public Safety receives in bids from contractors; Cpt. Theile didn’t know the reason for the spread in bid prices. President Siden asked about prevention treatment and how many times areas are treated. Theile replied it is a one-time treatment about 70% of the time, and annually it is monitored and treated if necessary as part of the long term fuels management maintenance. Sutter asked how many treatment areas it covers Theile answered it is only one treatment area; the overall objective is to reduce the overstory of eucalyptus. Sutter asked how many contracts bid. Theile responded that it varies depending on project size, time of year, etc.
g. Approval of Revisions to the East Bay Regional District Retirement Plans Investment Policy Resolution No. 2016 – 10 – 272 (attached)
h. Authorization to Apply to the East Contra Costa County Habitat Conservancy Science and Research Grant Program for Small Mammal Burrow Mapping: District-wide Resolution No. 2016 – 10 – 273 (attached)
i. Authorization to Approve Grant Application to the Urban Areas Security Initiative for Radios: District-wide Resolution No. 2016 – 10 – 274 (attached)
2. ACQUISITION AND STEWARDSHIP DIVISION
By motion of Director Burgis, and seconded by Director Lane, the Board voted unanimously to approve item 2a.
Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
a. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 10.5± Acres of Real Property from Save Mount Diablo, a California Non-Profit Public Benefit Corporation: Black Diamond Mines Regional Preserve Resolution No. 2016 – 10 –275 (attached) 12 John Bouyea, Senior Land Acquisition Specialist, gave a PowerPoint presentation; showing and describing various views of this property. President Siden asked where the additional funds are likely to come from. Bouyea replied that the Conservancy has agreed to fund 90%, and the District will provide 10% funding with the possibility of obtaining funds from grants. Director Sutter asked if there are any recreational opportunities on the property. Bouyea answered it is unlikely, the land is important for habitat and protection, and as an entrance to Nortonville. Sutter asked about a staging area. Bouyea pointed to the area on the slide. Director Lane asked where the trail would be located. Liz Musbach, Chief of Land Acquisition replied that the District is currently in confidential negotiations, so she could only answer in generalities. Director Sutter asked if the cattle tunnel is usable for pedestrian travel. Bouyea answered with some work it could be.
By motion of Director Burgis, and seconded by Director Lane, the Board voted unanimously to approve item 2b.
Directors For: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: Whitney Dotson.
b. Authorization to Accept Easements from Union Pacific Railroad Company and Accept and Appropriate Funds from Union Pacific Railroad Company and Enter into a Pedestrian Overpass and Trail Agreement: San Francisco Bay Trail Resolution No. 2016 – 10 – 276 (attached)
Sean Dougan, Trails Development Program Manager gave a PowerPoint presentation on this item; highlighting the specifics of the project. He explained that neighbors in this area wanted changes to the bridge m specifically removing the observation deck and changing the ornamental railing. Director Waespi asked instead of going on the expensive overcrossing why not go on the road. Dougan replied that the landowners were concerned with the instability of the bluff, which would require a massive retaining wall. Director Lane in referring to the staff report’s last paragraph, asked what does ‘non-exclusive aerial and recreation trail easement’ mean. Dougan explained that the RR owns the air above their tracks and in this case they did not charge the District for the aerial easement as part of the settlement and the MOU. District Counsel Victor mentioned the excellent work of Assistant District Counsel Kelchner on this project. Director Sutter asked if BNSF is involved. Dougan said they are not and the District is not impacting their right of way. Sutter asked what the annual estimated maintenance cost will be. Dougan answered that he will check with engineers and get back to the Director. GM Doyle explained that the District is responsible to maintain the physical surface of the bridge. Director Burgis asked if the sound impacts have been studied. Dougan replied that construction equipment will come in from Tennent and work has been tailored to minimize the sound impact on the neighbors. Director Waespi asked if there are lights on the bridge. Dougan answered that the neighbors didn’t want them; the bridge will have infrared cameras instead. Director Sutter asked about park hours. Dougan replied Public Safety will determine the hours. GM Doyle discussed the possibility of returning to the Board during Ordinance 38 review as the trails are being used by bicyclists for commuting during after-hours. Director Wieskamp commented that this project could be used as an excellent model showing the many reasons it takes so long to build a trail. GM Doyle gave a brief history of the relationship between the railroads and the Park District working collaboratively on projects, and the benefit of good legal counsel to stop the merger of two railroads. Director Sutter and Director Siden both stated that this is a unique story, worthy of an article from Public Affairs. Victor said the RR was proud of this as well. Director Lane stated the District needs to make a special effort to do a presentation at WCCTAC and other regional transportation 13 groups to talk about this project, thank them for funding, and remind them of what the District has provided. Dougan reviewed the funding table. Director Sutter asked about the fund shortfall, and if staff will request funding from Measure WW. Dougan added that staff will also apply for Measure J funding. Director Sutter expressed concern that when there is a shortfall the District takes money out of contingency fund. Dougan clarified that WW Bay Trail Funding is not a part of that contingency.
3. BOARD AND STAFF REPORT
a. Actions Taken by Other Jurisdictions Affecting the Park District
GM Doyle and Brian Holt commented on the item in the report.
4. GENERAL MANAGER’S COMMENTS
Aquatic Assistant Kyle Maxwell presented on engaging youth through water safety education. 7th year no guarded drownings 38,000 Lifejackets provided 602 Junior Lifeguards Taught almost 1500 swim lessons Vamos Aprender (Let’s Learn) in Spanish talking about water safety 846 participants. Aquatic Adventure free summer camp 30 Junior Cadets – 13-17 year olds Director Lane asked if the Aquatics Division is able to fill staffing needs. Maxwell replied yes. Director Lane asked if there are Vamos Aprender programs at Shadow Cliffs or just Del Valle. Pete DeQuincy, Aquatics Manager, said that the grant is for Del Valle and from the Dept. of Water Resources. Director Lane suggested staff consider other grants and Spanish language organizations for resources. GM Doyle suggested staff look at a possible grant from the Bureau of Reclamation for Contra Loma. The Board was impressed with the teamwork and the presentation. Director Wieskamp suggested staff consider using board contingency funds for life jackets. DeQuincy stated he attributes the program’s success for to the seasonal staff who have been encouraged to embrace public service engagement, and the park Aquatics staff has played in engaging them at their level and providing a healthy environment.
Director Sutter commented on the dogs on pg. 76 encouraging staff to include dogs in the overall planning process of any new trail or park.
5. ANNOUNCEMENTS FROM CLOSED SESSION
There were no announcements.
6. BOARD COMMITTEE REPORTS
a. Executive Committee (9/02/16) (Siden)
Director Sutter encouraged the District to work with Ohlone College on parking for Mission Peak. Jim O’Connor, AGM Operations, said that the College and will start charging parking fees on Sundays.
7. BOARD COMMENTS
President Siden reported on meetings attended. President Siden Attended the CSDA meeting; Received the Board Member of the Year award (CSDA); 14 Attended the Labor Closed Session; Attended the Executive Committee; Attending the Operations Committee; Attending Annual Service Awards dinner; Attending Grazing Dinner at Camp Arroyo. Siden congratulated Brian Holt for his role as Acting, Chief of Planning. Siden commented on the Swalwell letter which Erich Pfuehler is currently working on. Siden thanked Sharon Clay for all of her work on the 80th anniversary recognition.
Director Lane reported on meetings attended. Director Lane Attended the Labor Closed Session; Attended the Executive Committee; Attended the Walnut Creek Water Council Meeting; Attended the 75th Anniversary at the Brazilian Room; Attending staff’s presentation practices; Attending the History Symposium; Meeting with Camille neighbors to talk about staging area. Lane commented that there should be a discussion on electric bikes and Ordinance 38. Lane commented that staff should look at all options for naming things after Radke.
Director Waespi reported on meetings attended. Director Waespi Attended the Agriculture Day; Attended the CSDA; Attended the HASPA meeting; Attended the Labor Closed Session; Attended a meeting with Bill Quirk and his staff; Attended FamFest that Nate Miley holds every year; Attended the San Leandro Creek Alliance meeting; Attending Annual Service Awards dinner. Waespi congratulated Director Sutter on his well-deserved awards. Waespi congratulated President Siden for his leadership on having the first Alameda County Watershed Conference in Alameda County.
Director Burgis reported on meetings attended. Director Burgis Attended the Oakley Harvest Festival; Attended the Labor Closed Session.
Director Wieskamp reported on meetings attended. Director Wieskamp Attended the Elected Women’s lunch; Attended the Labor Closed Session; Attended a meeting at LAFCO on Eden township; Attending Annual Service Awards dinner. Wieskamp read an article re: the benefits of walking in the park. Wieskamp congratulated Brian Holt for Acting Chief of Planning. Wieskamp presented a book to GM Doyle on Frederick Law Olmstead Sr.
Director Sutter reported on meetings attended. Director Sutter Attended the SFBRA meeting; Attended the Labor Closed Session; Attended the Legislative picnic at Tidewater; Attended the Alameda Liaison Committee; 15 Attended the NRPA Conference in St. Louis; Received several awards: the Pugsley, Legend AARPA, Greenbelt Alliance, Measure DD; Attending Annual Service Awards dinner. Sutter complimented the Clerk of the Board on timely and complete minutes. Sutter commented that staff should look at all options for naming things after Radke.
Director Dotson reported on meetings attended. Director Dotson Attended the NRPA conference in St. Louis; Attended the Labor Closed Session; Attended the Executive Board meeting. Dotson complimented Brian Holt on the presentation he did on the CNWS.
8. PUBLIC COMMENTS
Kelly Abreu commented on Vargas the letter that was issued from Legal.
E. ADJOURNMENT
The meeting was adjourned at 4:15 p.m. by Board President Doug Siden.
Respectfully submitted:
/s/ Yolande Barial Knight Clerk of the Board
16 Page Left Blank Intentionally
17 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
c. Authorization to Amend a Contract for Services with Placeworks Inc. for Biologic Resource Permitting Support: Concord Hills Regional Park (Holt/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize an amendment to the contract with Placeworks Inc. in the amount of $29,000, and the encumbrance of said funds, for a total contract amount of $554,985, to provide biologic permitting support for the Concord Hills Regional Park on the former Concord Naval Weapons Station.
REVENUE/COST
Staff entered into a contract for services with Placeworks for $457,435 in January 2015 (Board Resolution No. 2014-12-322) for the preparation of a Land Use Plan. The contract was increased in November 2015 by $68,550 to provide for additional permitting support. This second amendment of $29,000 will provide funding necessary to complete the Long Term Management Plan. Budgeted funds are available in project #5113-Study Public Access and Use.
SOURCE OF FUNDS Study Public Access and Use (Project #511300) $637,375 Encumbrances and Expenditures to Date* ($554,590) FUNDS AVAILABLE $ 82,785
USE OF FUNDS Contract Amendment 2 – Long Term Management Plan $ 29,000 Support
BALANCE REMAINING $ 53,785
BACKGROUND
The 5,028 acre inland area of the Concord Naval Weapons Station was officially closed by the Base Closure and Realignment Commission (BRAC) in November 2005. The City of Concord,
18 acting as the Local Reuse Authority, initiated a multi-year community planning process culminating in the adoption of a Reuse Plan in 2010. This plan was further refined and integrated into Concord’s General Plan through the adoption of the Concord Reuse Project Area Plan in January 2012.
The adopted Area Plan provides for development of over 12,200 new housing units, over 6.1 million square feet of commercial floor space, and a variety of community facilities and city parks. The proposed development would primarily be clustered on the western portion of the former base. The adopted Area Plan also includes a new regional park of 2,540 acres, located on the eastern portion of the site to be conveyed to the District through a public benefit conveyance.
The District has participated throughout the development of the Reuse Plan and Area Plan to support the establishment of this new regional park on the former base. A Notice of Interest in receiving the land through a Public Benefit Conveyance (PBC) was submitted by the District in September 2007. The District also identified a potential new regional park on the Concord Naval Weapons Station in its 2013 Master Plan Update, adopted by the Board on July 16, 2013 (Resolution 2013-7-159). On September 3, 2013, the Board authorized the District to submit an application for PBC through the National Park Service –Federal Lands to Parks (Resolution 2013-9-198), which was approved by the National Park Service on May 8, 2014.
The District has been working closely with the U.S. Navy, Army Corps of Engineers, City of Concord, and United States Fish and Wildlife Service through the Section 7 consultation process. Completion of the Section 7 consultation is necessary for the U.S. Navy to complete the National Environmental Policy Act and move forward with property conveyance.
Placeworks has been working with the District to develop a Land Use Plan and preferred park alternative. The preferred park alternative will become the basis of the project description for the PBC area described in the Biologic Opinion that will be developed through the Section 7 consultation. Once the Biologic Opinion is complete, a Long Term Management Plan will need to be developed for the property that will describe how natural resources and public access on the property will be managed. In order to complete this Long Term Management Plan in a timely manner, and to ensure that the Long Term Management Plan is consistent with the District’s management and recreation goals for the Concord Hills Regional Park, the District will need to provide input, support and coordination in its development.
ALTERNATIVES
No alternatives are recommended.
19 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 –
November 1, 2016
AUTHORIZATION TO AMEND A CONTRACT FOR SERVICES WITH PLACEWORKS INC. FOR BIOLOGIC RESOURCE PERMITTING SUPPORT: CONCORD HILLS REGIONAL PARK
WHEREAS, the 5,028 acre inland area of Concord Naval Weapons Station was officially closed by the Department of the Navy in November of 2005;
WHEREAS, the City of Concord conducted an extensive public process and adopted the Preferred Reuse Plan for the Concord Naval Weapons Station on February 9, 2010 that identified a new Regional Park of approximately 2,500 acres of the property to be conveyed through a Public Benefit Conveyance;
WHEREAS, the City of Concord adopted the Concord Reuse Project Area Plan on January 24, 2012 that amended the Concord 2030 General Plan, refined the Preferred Reuse Plan, and set policy and development standards in place that ensure the vision for reuse of the base developed by the community, including the establishment of a new regional park, will be implemented;
WHEREAS, on July 16, 2013, under Resolution No. 2013-7-159, the Board of Directors of the East Bay Regional Park District adopted the 2013 Master Plan Update that identified a potential new regional park on the Concord Naval Weapons Station;
WHEREAS, on September 3rd, 2013, under Resolution No. 2013-9-198, the Board of Directors of the East Bay Regional Park District authorized submittal of an application for a Public Benefit Conveyance through the National Park Service Federal Lands to Parks;
WHEREAS, on May 8, 2014, the National Park Service informed the East Bay Regional Park District and the U.S. Navy that the Public Benefit Conveyance application for 2,540 acres was approved and public benefit allowance of 100 percent of the fair market value of the property to be conveyed to the East Bay Regional Park District would be granted;
WHEREAS, the East Bay Regional Park District has been working in partnership with the City of Concord in obtaining natural resource permits that will seek to preserve, enhance, and restore habitats within the regional parkland in coordination with planned development elsewhere on the former Concord Naval Weapons Station;
WHEREAS, on December 16th, 2014, under Resolution No. 2014-12-322, the Board of Directors of the East Bay Regional Park District authorized a contract with Placeworks Inc. to provide professional services for development of a Land Use Plan and Environmental Impact Report for the Concord Hills Regional Park; and
20 WHEREAS, additional support will be necessary to complete the development of a Long Term Management Plan, necessary to complete the Section 7 consultation process and facilitate conveyance of conveyance of property; and
WHEREAS, Placeworks Inc. have been effectively representing the District since December 2014 and providing technical expertise in the development of a land use plan for the future Concord Hills Regional Park; and
WHEREAS, there is sufficient budget available in CIP 511300-Study Public Access and Use; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a second amendment to the contract with Placeworks Inc. in the amount of $29,000, bringing the total contract amount to $554,985.00 to complete preparation of a land use plan, provide environmental review and biologic permitting support; 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 1st day of November, 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
21 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
d. Authorization to Accept and Appropriate Funds from the East Contra Costa County Habitat Conservancy for Habitat Enhancement and Range Management Activities: Black Diamond Mines Regional Preserve (Margulici/Graul/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the acceptance and appropriation of funds from the East Contra Costa County Habitat Conservancy for Habitat Enhancement and Range Management Activities at Black Diamond Regional Preserve.
REVENUE/COST
This action proposes to accept and appropriate approximately $25,000 from the East Contra Costa County Habitat Conservancy for habitat enhancement and range management activities at Black Diamond Mines Regional Preserve. If approved, funds will be appropriated to the Grazing Infrastructure Development project (No. 521700). This project will improve grazing operations at Black Diamond Mines and will not likely increase the operational cost of the District.
BACKGROUND
The proposed project has received funding from the U.S. Department of Agriculture’s Natural Resources Conservation District (“NRCS”) through their Environmental Quality Incentives Program (“EQIP”). The EQIP funding is awarded directly to the District’s grazing leaseholder to perform rangeland and habitat management activities. The approved project includes riparian planting, pond improvements, and establishment of livestock watering facilities. These activities will benefit grazing operations as well as special status species on the Ang property, such as the California red legged frog. The East Contra Costa County Habitat Conservancy will pay up to $25,000 for actual costs on the project, which will be overseen by the District’s grazing leaseholder on the property. Funds provided by the Conservancy will supplement the EQIP funding that is provided directly to the grazing leaseholder.
ALTERNATIVES
No alternatives are recommended.
22 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 -
November 1, 2016
AUTHORIZATION TO ACCEPT AND APPROPRIATE FUNDS FROM THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY FOR HABITAT ENHANCEMENT AND RANGE MANAGEMENT ACTIVITIES: BLACK DIAMOND MINES REGIONAL PRESERVE
WHEREAS, the District has proposed a habitat enhancement and rangeland management project at Black Diamond Mines Regional Preserve, which includes riparian planting, pond improvements, and water system establishment in order to improve livestock watering and protect habitat for species; and
WHEREAS, the Natural Resource Conservation Service has awarded approximately $18,000 in federal Environmental Quality Incentives Program grant funds for the project to the District’s grazing leaseholder, and the East Contra Costa County Habitat Conservancy will contribute up to additional $25,000; and
WHEREAS, the District wishes to accept and appropriate approximately $25,000 in funds from the East Contra Costa County Habitat Conservancy in order to complete the project; and
WHEREAS, the District’s grazing tenant and park staff will oversee the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby approves the acceptance and appropriation of up to $25,000 in funds from the East Contra Costa County Habitat Conservancy for additional habitat enhancement and rangeland management at Black Diamond Mines Regional Preserve; and
BE IT FURTHER RESOLVED that the Board of Directors hereby approves the disbursement of funds to the District’s grazing tenants or their contractors for implementation of the project; and
BE IT FURTHER RESOLVED, that the Board of Directors hereby authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services/CFO, on behalf of the District and in its name, to execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue, and a corresponding increase in appropriation for the amount stipulated in the contract.
23 Moved by Director , seconded by Director , and approved this 1st day of November 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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27 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
e. Authorization to Apply to the Contra Costa Transportation Authority for Measure J Funding for Trails in Contra Costa County: San Francisco Bay Trail (Margulici/Dougan/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize two applications to the Contra Costa Transportation Authority (CCTA) for Measure J funding for trails in Contra Costa County.
REVENUE/COST
This action proposes authorization for two grant applications as follows: Construct SF Bay Trail - Pinole Shores to Bayfront Park up to $1,000,000 Construct SF Bay Trail - Lone Tree Point up to $1,000,000
Construction of trail projects will increase the District’s long term operational cost.
BACKGROUND
CCTA’s ½ cent sales tax (Measure J) was renewed for an additional 25 years beginning on April 1, 2009 and extended through 2034. Measure J established shares of sales tax revenues allocated to two trail programs as follows: 5% for Transportation for Livable Communities (TLC) which funds plans and facilities that support walkable, mixed-use, transit-supportive communities and 1.5% for Pedestrian, Bicycle and Trail Facilities (PBTF) for the construction and maintenance of pedestrian and bicycle facilities including regional trails throughout Contra Costa County.
This action proposes authorization for two grant applications as follows:
Pinole Shores to Bayfront Park: The Pinole Shores to Bayfront Park San Francisco Bay Trail segment begins on the hillside bluff across from Hazel Lane. The trail alignment would parallel the BNSF right of way for approximately 1,200 feet then sweep north over the UPRR tracks via a 1,100-foot long bridge structure to join a path in Bayfront Park.
Lone Tree Point: The Lone Tree Point project will extend the San Francisco Bay Trail 1,800 feet from Rodeo to Hercules. The proposed trail alignment will require a pedestrian
28 bridge over a wetland, approximately one half mile of paved trail, and a non-signalized crossing of Pacific Avenue.
ALTERNATIVES
No alternatives are recommended.
29 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 -
November 1, 2016
AUTHORIZATION TO APPLY TO THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR MEASURE J FUNDING FOR TRAILS IN CONTRA COSTA COUNTY: SAN FRANCISCO BAY TRAIL
WHEREAS, in 2004, the Contra Costa Transportation Authority’s (CCTA) one-half (½) cent sales tax (Measure J) was renewed for an additional 25 years (beginning on April 1, 2009, through 2034); and
WHEREAS, part of Measure J established shares of sales tax revenues allocated to two trails programs as follows: 5% for Transportation for Livable Communities (TLC) which funds plans and facilities that support walkable, mixed-use, transit-supportive communities, and 1.5% for Pedestrian, Bicycle and Trail Facilities (PBTF) for the construction and maintenance of pedestrian and bicycle facilities including regional trails throughout Contra Costa County.; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby:
1. Approves the filing of two grant applications and the acceptance of Measure J grant funds from CCTA for the following projects: Construct SF Bay Trail – Pinole Shores to Bayfront Park and Construct SF Bay Trail - Lone Tree Point, in the amount of $1,000,000 each; and
2. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services/CFO, on behalf of the District and in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action, upon receipt of multiple executed grant contracts from the Grants Manager. The budget amendments will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the grant contract.
Moved by Director , seconded by Director , and adopted this 1th day of November, 2016 by the following vote:
FOR: AGAINST: ABSTAIN: ABSENT:
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31 East Bay San Francisco Bay Trail ® Regional Park District Environmental Programs Lone Tree Point October 17, 2016 Feet t:/bstone/mxd projects/trails/ 0 120 240 480 720 sfbaytrail/sfbt_lonetreepoint_board.mxd
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33 Legend East Bay San Francisco Bay Trail Regional Park District Pinole Shores to Bayfront Park Existing SF Bay Trail Environmental Review & GIS Applications Proposed SF Bay Trail t:\bstone\mxd projects\trails\ sfbaytrail\sfbt_PinoleShores 070 140 280 Feet June 25, 2011
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35 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
f. Authorization to Purchase Replacement Computers from Dell Computer Corporation: Information Services Department (Tallerico/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase of up to $94,696 for the annual purchase of replacement desktop and laptop computers from Dell Computer Corporation.
REVENUE/COST
These funds are budgeted and available in the 2016 Information Services Equipment Account No. 101-4150-000-5372. This action would authorize an encumbrance of these funds not to exceed the remaining budget amount of $94,696, for this purpose.
BACKGROUND
Each year, approximately 185 of the computer fleet is replaced as the warranties expire and the equipment becomes obsolete. Staff plans to replace approximately 185 desktop and laptop computers in the District. The estimated replacement cost allows the District to stagger the delivery of equipment, take advantage of extended warranty periods, and reduce the warehousing of equipment.
The District uses Dell computers as the standard for desktop use. These purchases are made under the Western States Contracting Alliance (WSCA) Contract No. B27160 pricing; this practice meets our current Board Operating Guidelines related to purchasing and eliminates the need to do a formal bid for equipment purchases. Although bidding is not required, Board authorization is necessary since the purchase amount exceeds $50,000.
ALTERNATIVES
Should the Board not approve this purchase, the older computers in the District’s inventory would not be replaced in 2016. This action is not recommended.
36 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016-11-
November 1, 2016
AUTHORIZATION TO PURCHASE REPLACEMENT COMPUTERS FROM DELL COMPUTER CORPORATION: INFORMATION SERVICES DEPARTMENT
WHEREAS, the East Bay Regional Park District utilizes desktop and laptop computers to support District activities; and
WHEREAS, the District purchases standard equipment from one vendor, Dell Computer Corporation (Dell), to minimize equipment, training and service conflicts; and
WHEREAS, purchases from Dell qualify for Western States Contracting Alliance (WSCA) pricing which satisfies State law requiring bidding for equipment purchases and meets the requirements of the Board Operating Guidelines; and
WHEREAS, staff plans to purchase desktop and laptop computers at the cost not to exceed the current budget balance of $94,696 as part of its annual desktop replacement program; and
WHEREAS, all purchases in excess of $50,000 require approval by the Board of Directors;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the purchase of desktop and laptop computers from Dell Computer Corporation not to exceed the current budget amount of $94,696, to be funded from the Information Services Equipment Account No.101-4150-000-5372; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 1st day of November, 2016, by the following vote:
FOR:
AGAINST: ABSENT: ABSTAIN:
37 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
g. Authorization to Release Draft Measure WW Urban Creeks Grant Program Procedural Guidelines for Public Review (Rasmussen/Graul/Auker)
RECOMMENDATION
The General Manager and Board Executive Committee (by unanimous vote) recommend that the Board of Directors authorize the release of the draft Measure WW Urban Creeks Grant Program Procedural Guidelines (see Attachment 1) for public review in order to obtain comments from probable grantees.
REVENUE/COST
The goal of this public review process is to ultimately obtain authorization from the Board to implement the Measure WW Urban Creeks Grant Program that would permit the District to expend up to $1.6 million in bond proceeds authorized under the Measure WW Urban Creeks allocation area for grants to local agencies based on established criteria. The Measure WW Urban Creeks allocation area currently has $6.1 million and $1.8 million unappropriated for acquisition and development, respectively. Other than staff time, there are no direct costs associated with this action.
BACKGROUND
On November 4, 2008, the voters of the East Bay Regional Park District approved Measure WW, Regional Open Space Wildlife, Shoreline and Parks Bond Extension. Of the $500 million bond extension, $8 million of the bond proceeds are allocated to urban creek projects. For this round, the Measure WW Urban Creeks Grant Program Procedural Guidelines would establish the policies and procedures and evaluation criteria under which the District would reimburse agencies for up to $1.6 million in eligible expenses on local urban creek projects.
The Draft Measure WW Urban Creeks Grant Program Procedural Guidelines have been prepared for release for public review and input. Following the Board’s approval staff will release the draft guidelines for public review, hold a public workshop to educate the public about the
38 program and obtain feedback on the procedural guidelines. At the conclusion of the process, staff will act upon the public comments and bring the entire program back to the Board in early 2017 for final approval of the program and the guidelines which define its administration.
ALTERNATIVES
No alternatives are recommended.
39 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 -
November 1, 2016
AUTHORIZATION TO RELEASE DRAFT MEASURE WW URBAN CREEKS GRANT PROGRAM PROCEDURAL GUIDELINES FOR PUBLIC REVIEW
WHEREAS, on November 4, 2008, the voters of the East Bay Regional Park District approved Measure WW, Regional Open Space Wildlife, Shoreline and Parks Bond Extension; and
WHEREAS, of the $500 million bond extension, $8 million of the bond proceeds are allocated to local agencies to fund urban creek projects; and
WHEREAS, the Measure WW Urban Creeks Grant Program Procedural Guidelines would establish the policies and procedures under which the District would reimburse agencies for up to $1.6 million in eligible expenses on local urban creek projects; and
WHEREAS, the draft Measure WW Local Grant Procedural Guidelines have been prepared for release for public review and input; and
WHEREAS, at the conclusion of the process, staff will act upon the public comments and bring the entire program back to the Board in 2017 for final approval of the program and the guidelines which define its administration;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District approves the release of the draft Measure WW Urban Creeks Grant Program Procedural Guidelines for public review; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 1st day of November, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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41 DRAFT Procedural Guide for the URBAN CREEKS GRANT PROGRAM
Under the East Bay Regional Park District Park Measure WW Park Bond Extension
November 2016
42 Submit all grant applications, payment requests, back up documentation and project completion packages to:
Tiffany Margulic, Grants Manager East Bay Regional Park District P.O. Box 5381 Oakland, CA 94605 (510) 544-2204 Telephone (510) 569-1417 FAX [email protected]
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44 TABLE OF CONTENTS
I. DEFINITIONS ...... 1
II. WW URBAN CREEKS GRANT PROGRAM DESCRIPTION ...... 2 Amount of Funds Available ...... 2 Allocations ...... Error! Bookmark not defined. Eligible Applicants ...... 2 District’s Administrative Costs ...... Error! Bookmark not defined. III. IMPORTANT POINTS ...... 2
III. HOW TO APPLY FOR WW URBAN CREEKS GRANT FUNDS ...... 2 How to Get a Contract ...... Error! Bookmark not defined. How to Apply for a Project(s) ...... Error! Bookmark not defined. Progress Payments ...... 4 Project Completion ...... 4 IV. ADMINISTRATIVE PROVISIONS...... 5 Land Tenure Requirements ...... 5 Changes to Project Scope ...... 5 Project Withdrawals...... 5 V. PAYMENT PROCESS ...... 6 Grant Fund Availability...... 6 Progress Payments ...... 6 APPENDIX A – Sample Resolution ...... 9 APPENDIX B – Sample Grant Contract ...... 11 APPENDIX C – Project Application Form...... 19 APPENDIX D – Application Checklist ...... 21 APPENDIX E – Sample Cost Estimate ...... 23 APPENDIX F – CEQA Certification Form ...... 25 APPENDIX G – Payment Request Form ...... 27 APPENDIX H – Project Cost Summary Forms ...... 29 APPENDIX I – Project Status Report Form ...... 33 APPENDIX J – Project Completion Package ...... 35 APPENDIX K – Program Sign Requirements ...... 37 APPENDIX L – Program Allocation by Agency ...... Error! Bookmark not defined.
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46 I. DEFINITIONS
Capitalized words and terms, other than the first word of each sentence, appear in these guidelines. These are defined in the Definition Section below.
Unless otherwise stated, the terms used in this Procedural Guide shall have the following meanings:
Acquisition: to obtain a fee interest or lesser public access rights in real property. Applicant: means an agency or organization requesting funding from the program. Application: means the individual Project Application(s) and its required attachments for grants, pursuant to the enabling legislation and/or procedural guidelines. Authorized Representative – the Applicant/Grantee’s designated position authorized in the Resolution to sign all required grant documents. The Authorized Representative may designate an alternate by informing the District in writing. Board: means the East Bay Regional Park District Board of Directors Bond Measure: means Measure WW, the Extension of the East Bay Regional Park District Park Bond. Capital Project: means the acquisition of land or development activities that are fixed to the site and expected to be long lasting. CEQA: means the California Environmental Quality Act, Public Resources Code Section 21000 et. seq.; Title 14, California Code of Regulations Section 15000 et. seq. Grant Contract: means an agreement between the District and Grantee specifying the payment of funds by the District for the performance of the Project Scope within the Project Performance Period by the Grantee. Contract Performance Period: means date Grant Contract is fully executed through December 31, 2022, the period of time that the grant funds are available, and the time in which the Project must be completed, billed and paid. District: means the East Bay Regional Park District. Development: means improvements to real property for parks and recreation purposes, including but not limited to habitat restoration, erosion repair or construction for recreation, preservation and protection. General Manager: means the General Manager of the East Bay Regional Park District. Force Account: means Project work performed by a Grantee’s own work force. Grantee: means an Applicant who has an approved Contract for grant funds. Project: means the Acquisition, Development, enhancement, restoration or other activity to be accomplished with grant funds. Project Grant Amount: means the amount of grant funds assigned to a specific Project. Grants Manager: means an employee of the District, who acts as a liaison with Grantees and administers Bond Measure grants. Project Scope: means the description of the work or activity to be accomplished listed in the Scope of Work section of the application form. Tenure: means the Applicant owns the land or has another long-term agreement with the landowner.
47 II. WW URBAN CREEKS GRANT PROGRAM DESCRIPTION
Amount of Funds Available • $1.6 million • Matching Requirement: 50% • $50,000 minimum
Eligible Applicants • Federal, State and Local government agencies. (Non-profits and community groups are encouraged to partner with eligible government agencies.) • The District will provided technical workshops and extended time for application submission to assist applicants in developing good partnerships.
Eligible Projects Capital Projects that will provide lands and proejcts that benefit urban stream within the East Bay Regional Park District jurisdiction (Alameda and Contra Costa counties). The following types of Capital Projects are eligible for grant funding:
• Acquisition (fee title or permanent easements) • For land acquisition project applicants must submit a copy of the land agreement and appraisal if applicable for District approval prior to acquisition. • Development (including habitat restoration and erosion repair).
The following types of projects are ineligible for grant funding: • Grant Plans and Study Only • Maintenance Equipment Purchase (trucks, mowers, tractors, etc.) • Non-fixed equipment (testing equipment, GPS, etc.) • Educational programming and staffing • Vegetation removal without restoration
III. IMPORTANT POINTS
• Project applications are due August 18, 2017. • The Grantee may spend up to 20% of the Grant amount for pre-construction costs, including grants administration, survey, plans, permits, specifications, CEQA compliance and/or Acquisition documents. • Grantee should follow their accounting and procurement policies and procedures. • The Project must be fully completed (including processing final payment) by December 31, 2022.
IV. HOW TO APPLY FOR WW URBAN CREEKS GRANT FUNDS
1. The Applicant submits grant application.
2. The District Board of Director’s awards a grant.
2. The District sends a Grant Contract to the Applicant for signature.
48 3. The Applicant returns the signed Grant Contract to the District.
4. The District returns a fully executed Grant Contract to the Applicant (now Grantee).
Project Selection Criteria
1. Population within ½ mile of project site. Provide print out from LWCF Service Area Calculator website http://www.parkinfo.org/lwcf/lwcf.html (10 points per 1,000.)
2. Project connects with East Bay Regional Park District parkland, see EBRPD Master Plan Map at: http://www.ebparks.org/Assets/_Nav_Categories/Park_Planning/Master+Plan/Maps/Master+Plan+Map+ -+August+2013.pdf (10 points) a. Adjacent to EBRPD park (10 points) b. Connects to same watershed as EBRPD park (5 points)
3. Project is identified and/or consistent with other plans (5 points per plan, 25 points maximum.)
4. Percent match (1 point per percent over required 50%)
5. Number of permits from list below in hand or satisfied (5 points per signed permit.)
a. US Army Corps of Engineers 404 i. Historical Clearance, Section 106 ii. Endangered Species Act, Section 7 b. California Department of Fish and Wildlife Stream Alteration, Section 1602 c. State Water Resource Control Board, Section 401 d. Local Grading Permit e. Storm Water Pollution Prevention Plan
6. Removes barriers to fish passage (25 points) a. Fish present and removes barrier at all flows (25 points) b. Fish present and removes barrier at high flows (15 points) c. Fish not present, but removes barrier (5 points)
7. Improves habitat for state/federal threatened and endangered species (25 points) a. 5 species (25 points) b. 3 species (15 points)
8. Improves water quality (25 points) a. Fully restores degraded creek (25 points) b. Repair headcuts and erosion (15 points) c. Improves riparian vegetation (5 points)
9. Improves resiliency to climate change (10 points) a. Improves flood protection and improves habitat (10 points) b. Improves flood protection without habitat improvement (5 points)
10. Provides public access (15 points) a. Provides trail access with interpretive elements (10 points)
49 b. Provided overlooks or limited access (5 points)
Progress Payments 1. After the Grant Contract is executed, the Grantee may request reimbursement up to 80% of the Grant amount for expenses incurred after execution of a Grant Contract.
Project Completion 1. The Grantee completes the Project and submits the Project Completion Package to the Grants Manager (see APPENDIX J – Project Completion Package).
2. The Grantee installs Measure WW sign at the project site (see
APPENDIX K – Program Sign Requirements) for sign requirements.
3. The District performs an audit of submitted documentation for the completed Project.
4. The District conducts the final on-site Project inspection.
5. The District processes the final payment.
6. The Project must be fully completed (including processing final payment) by December 31, 2022.
50 V. ADMINISTRATIVE PROVISIONS
Land Tenure Requirements For Development Projects, Applicants must provide evidence to the District that they have adequate tenure and site control of properties to be improved.
Tenure includes, but is not limited to: • Ownership • Lease • Easement • Joint powers or similar agreement
Adequate site control is considered the power or authority to manage, direct, superintend, restrict, regulate, govern, administer, oversee a plot of ground suitable or set apart for some specific habitat or recreational use.
The District requires that the Grantee have authority to use the property for restoration for at least 25 years of land tenure from the date of Application.
Progress Status Reports The Grantee shall submit written Project Status Report Form to the District every six months (see APPENDIX I – Project Status Report Form). Project Status Reports are due within 30-days following June 30th and December 31st each year. The District shall withhold all payments and approvals until all Project Status Reports are properly submitted.
Changes to Project Scope A Grantee wishing to change the Project Scope of an approved Project shall submit any changes to the original Project Scope in writing to the District for prior approval. The Grantee must request a change in Project Scope if the actual work or activity to be accomplished is different than that listed in the Scope of Work section of the application form. To request a change in Project Scope the Grantee shall provide the following:
• Cover Letter • Revised Application Form • Revised Budget • Revised Site Plan
A change in Project Scope is not needed for line item budget changes or project completion below requested amount.
Project Withdrawals The Grantee may unilaterally rescind a Project at any time prior to any payment being made by the District for the Project. After Project commencement, the Project may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the District. The Grantee shall return all payments on the Project made by the District.
51 VI. PAYMENT PROCESS
Grant Fund Availability Grant funds are available for eligible expenditures incurred after execution of a Grant Contract. The Grantee must have a fully executed Grant Contract prior to receiving reimbursement for eligible expenditures. The Grantee must complete all approved Projects and have final payment processed by December 31, 2022.
Progress Payments The Grantee may request reimbursement for eligible expenses incurred after execution of a Grant Contract.
Payment Request Process
Payment Type Documentation Progress Payment • Payment Request Form Reimbursement • Project Cost Summary Forms up to 80% • Backup documentation (including contract documentation if applicable), see page 8 • Payment Request Form • Project Cost Summary Forms Final • Project Certification Form • Backup documentation (including final contract and acquisition documentation if applicable), see page 8
Eligible Costs • Only costs incurred during the Contract Performance Period are eligible. • The Grantee may claim only those costs directly related to the Project. Indirect cost rates are not eligible. • Other ineligible costs include: interest, food and bonuses of any kind.
52 ELIGIBLE COSTS CHART COSTS EXPLANATION EXAMPLES Pre-Construction Costs (cannot exceed 20% of the total requested Project Grant Amount) Pre-Construction • Project planning, appraisals, and negotiations • CEQA Costs • Survey • Plans and Specifications • Legal Fees & Permits • Appraisal/Title/Escrow Fees • Construction Insurance Construction Costs Personnel or • Must be computed according to the Grantee’s • Wages and benefits Employee Services normal wage or salary scales, and on the actual • Front line supervision of time spent on Project. Indirect rates are not employees eligible. • Work performed by • Must not exceed Grantee’s established rates for another agency similar positions Construction and • All necessary construction activities • Construction contract Construction • Construction support • Consultants Management • Inspection & construction management • Submittal review and resident engineering Construction • The Grantee may only charge the actual cost of • Rental equipment Equipment the use of the equipment during the time it is • Equipment leased for being used for Project purposes. project • For force account equipment, the Grantee must • In-house equipment list Caltrans equipment codes and use Caltrans’ equipment rental rates. Rates in excess of these rates are not eligible. • The purchase of equipment is not eligible. Fixed Equipment • Equipment permanently fixed to the Project site. • Play equipment • Fixed benches • Signs/interpretive aids Construction • May be purchased for specific Project, or may be Materials and Supplies: Supplies/Materials drawn from stock if claimed costs are no higher • Concrete than those the Grantee would pay. • Lumber • Steel Relocation Costs • Costs resulting in displacement of a • Relocation Costs person/business • The Grantee shall comply with State Relocation Act Acquisition Costs • Costs of acquiring real property • Purchase price
53 BACK UP DOCUMENTATION
The grantee must submit the following documents if applicable with payment requests. Items in BOLD may be provided with Completion Package. In addition, an audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed.
CONSTRUCTION CONTRACTS MINOR CONTRACTS / MATERIALS / SERVICES / EQUIPMENT RENTALS Summary list of bidders (including bid advertisement date and winning bid package) Purchase orders/Contracts/Service Agreements
Awarding by governing body (minutes of the Invoices meeting/resolution) Payments (cancelled checks**) Contract agreement _____ The purchase of art may require an art appraisal Contract bonds (bid, performance, payment)
Contract change orders ACQUISITION
Contractor's invoices Appraisal Report
Payments to contractor (cancelled checks**) Final Escrow Closing Statement
Proof of electronic funds transfer Cancelled checks** (payment(s) to seller(s))
Final Payment to contractor (even if paid using other Grant deed (vested to the participant) or final funding sources) order of condemnation
Stop Notices (filed by sub-contractors and release if Title insurance policy (issued to participant) applicable)
Liquidated damages (claimed against the contractor)
Notice of Completion or Final Acceptance
IN-HOUSE LABOR*
_____ Payroll records from finance system
IN-HOUSE EQUIPMENT*
Daily time records identifying the project site
_____ Caltrans Equipment Code
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. ** Front and back if copied.
54 APPENDIX A – Sample Resolution The resolution may be modified but it must contain all of the District’s language.
55 EAST BAY REGIONAL PARK DISTRICT MEASURE WW URBAN CREEKS GRANT PROGRAM
Resolution No:______
RESOLUTION OF THE ______(Title of Governing Body)
AUTHORIZATION TO APPLY FOR WW URBAN CREEKS GRANT FUNDS FROM THE EAST BAY REGIONAL PARK DISTRICT UNDER MEAUSURE WW PARK BOND
WHEREAS, the people of the East Bay Regional Park District have enacted the Measure WW Park Bond Extension which provides funds for the acquisition and restoration of urban creeks; and WHEREAS, the East Bay Regional Park District Board of Directors has the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures require the Applicant’s Governing Body to certify by resolution the approval of the Applicant to apply for the WW Urban Creeks Grant funds, and WHEREAS, the Applicant will enter into a Contract with the East Bay Regional Park District;
NOW, THEREFORE, BE IT RESOLVED that the______hereby: (Applicant’s Governing Body)
1. Approves the submission of a grant application to the WW Urban Creeks Grant Program under the East Bay Regional Park District Measure WW Park Bond Extension; and 2. If awarded a grant, approves the execution of a grant contract from the WW Urban Creeks Grant Program under the East Bay Regional Park District Measure WW Park Bond Extension; and 3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 4. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 5. Appoints the (designated position) ______as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.
Approved and Adopted on the _____day of______, 20__.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by ______following a roll call vote: (Applicant’s Governing Body) For Against Abstain Absent ______(Clerk)
56 APPENDIX B – Sample Grant Contract
57 EAST BAY REGIONAL PARK DISTRICT MEASURE WW PARK BOND EXTENSION GRANT CONTRACT - WW URBAN CREEKS GRANT PROGRAM
GRANT CONTRACT No.:______
GRANTEE______
THE PROJECT PERFORMANCE PERIOD is from the date this agreement is signed below by the District through December 31, 2022
The Grantee agrees to the terms and conditions of this Contract, and the East Bay Regional Park District, acting through its Board of Directors pursuant to the Measure WW Park Bond Extension, agrees to fund the total Project Grant Amount indicated.
THESE FUNDS ARE FOR THE ACQUISITION AND RESTORATION OF URBAN CREEKS.
The General Provisions, WW Urban Creeks Grant Procedural Guide and Forms are attached hereto and made a part of and incorporated into the Contract.
The District anticipates that WW Parks Bonds in the amount of $______will be issued for project.
EAST BAY REGIONAL PARK DISTRICT Grantee
By______By______(Signature of Authorized Representative) (Signature of Authorized Representative)
______(Print Name of Authorized (Print Name of Authorized Representative) Representative)
Title______Title______
Date______Date______
58 EAST BAY REGIONAL PARK DISTRICT MEASURE WW PARK BOND EXTENSION GRANT CONTRACT - WW URBAN CREEKS GRANT PROGRAM
GRANT CONTRACT No.:______
GRANTEE______
Authorized Representative – the Applicant/Grantee’s designated position authorized in the Resolution to sign all required grant documents. The Authorized Representative may designate an alternate by informing the District in writing.
The Authorized Representative (Print Name & Title) ______hereby designates the following alternates:
Name / Title E-mail Address Phone
Name / Title E-mail Address Phone
Name / Title E-mail Address Phone
Name / Title E-mail Address Phone
59 General Provisions
A. Definitions
1. The term "Measure" as used herein refers to the revenue generated from the sale of bonds for the Program.
2. The term “Application” as used herein refers to the individual Project Application(s) and its required attachments for grants, pursuant to the enabling legislation and/or procedural guidelines.
3. Acquisition: means to obtain fee title or permanent easement for public access rights in real property.
4. The term “District” means the East Bay Regional Park District.
5. The term “Development” means improvements to real property for parks and recreation purposes, including but not limited to the renovation or additions to existing sites for preservation and protection. WW Urban Creeks Grant Program funds may only be used for Capital Improvement.
6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. The term "Project" as used herein means the project described in the Brief Description of Project on the Project Application form.
B. Project Execution
1. Subject to the availability of grant monies in the Measure, the District hereby grants to the Grantee a sum of money (grant monies) not to exceed the amount stated on page 1, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Measure WW Park Bond Extension WW Urban Creeks Grant Procedural Guide, and under the terms and conditions set forth in this Contract.
The Grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the District must be submitted to the District for approval.
2. The Grantee shall complete the Project in accordance within the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall certify its compliance as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.).
4. The Grantee shall comply with all applicable current laws and regulations effecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.
60 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the District, to determine if Development work is in accordance with the approved Project Scope.
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original scope of work in writing to the District.
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state and WW Urban Creeks laws or ordinances effecting relocation and real property acquisition.
8. The Grantee shall provide public access to Project sites commensurate with the intent of the Project.
9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the District that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land that is held by the Grantee, as determined by the District.
10. The Grantee shall maintain and operate the property for a period that is commensurate with the type of Project and the proportion of District funds allocated to the capital costs of the Project. With the approval of the District, the Grantee, or the Grantee's successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use, sale or other disposition of the property, except as authorized by specific action of the District Board of Directors. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property or portion of the property is changed to a use that is not for parks and recreation, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the Grantee for a parks and recreation capital purpose, pursuant to agreement with the District as specified in this section, or shall be reimbursed to the District and be available for appropriation by the District Board of Directors only for an authorized purpose.
11. The Grantee shall post and maintain a funding acknowledgement sign at the Project site for three years following receipt of final payment for the project.
C. Project Costs
1. The District may disburse to the Grantee the grant monies as follows, but not to exceed in any event, the total Grant Amount set forth of page 1 of this Contract:
a. The Grantee may request progress payments up to a total of up to 80% of the approved Project Application amount for eligible expenditures made on the project.
61 b. The remaining grant funds shall be paid up to the amount of the Application or the actual Project cost, whichever is less, on completion of the Project and receipt of a Completion Package of Project costs from the Grantee.
D. Project Administration
1. The Grantee shall submit written Project Status Reports to the District every six months. The District shall withhold all payments until all Project Status Reports are properly submitted.
2. The Grantee shall make property and sites developed pursuant to this Contract available for inspection upon request by the District.
E. Project Termination
1. Any Grant funds that have not been expended by the Grantee prior to the end of the performance period set forth of page 1 of this Contract shall revert to the District and be available for Appropriation by the District Board of Directors for one or more other projects for parks and recreation purposes.
2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of a Project. After Project commencement, this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the District.
3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Measure may be cause for suspension of all obligations of the District hereunder. However, such failure shall not be cause for the suspension of all obligations of the District hereunder if in the judgment of the District such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract.
F. Hold Harmless
1. The Grantee shall waive all claims and recourse against the District including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the District, its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the District, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project. This includes claims, demands or causes of action that arise under Government Code Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence of the District, its officers, agents, or employees.
3. The Grantee agrees that in the event the District is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee shall notify the District of such fact and shall represent the District in the legal action, unless the District undertakes to represent itself
62 as codefendant in such legal action, in which event the District shall bear its own litigation costs, expenses, and attorney’s fees.
4. The Grantee and the District agree that in the event of judgment entered against the District and the Grantee because of the concurrent negligence of the District and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the District, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
G. Financial Records
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and make them available to the District for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records until December 31, 2021.
The Grantee and the District agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the District accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Sites
1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the District grant monies were requested and no other use of the area shall be permitted except by specific written approval by the District.
2. The Grantee shall maintain and operate the property developed for 25-years after final payment of grant funds. The Grantee shall permit periodic inspection of the project by the District during this period and may be required to submit annual project status reports if requested by the District.
I. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or site developed pursuant to this Contract.
63 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent those reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
J. Procedural Guidelines and Application Incorporation
The Project Application, Procedural Guidelines and Forms and any subsequent change or addition approved by the District is hereby incorporated in this Contract as though set forth in full in this Contract.
K. Severability
If any provision of this Contract or the application thereof is held invalid, that invalidity shall not effect other provisions of the Contract, which can be given effect without the invalid provision or application, and to this end the provisions of this Contract are severable.
64 APPENDIX C – Sample Project Application Form Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
65 East Bay Regional Park District MEASURE WW URBAN CREEK GRANT PROGRAM
PROJECT APPLICATION PROJECT NAME AMOUNT OF GRANT REQUESTED $ Estimated TOTAL PROJECT COST (Grant and other funds) $ GRANT APPLICANT (Agency and Address) PROJECT ADDRESS
Expected Date of Completion: Grant Applicant’s Representative Authorized in Resolution
Name / Title E-mail Address Phone
Person with grant administration responsibility for Project (if different from authorized representative)
Name / Title E-mail Address Phone
Scope of Work:
For Dev. Projects Land Tenure Acres For Acquisition Projects:
Acres owned in fee simple by Grant Acres to be acquired in fee simple. (Provide purchase agreement Applicant and appraisal for approval prior to acquisition.)
Acres available under an permanent Acres to be acquired under public access easement. (Provide easement. copy of easement for approval prior to acquisition.)
Acres available under a lease Other Other (explain) (explain)
I certify that the information contained in this Project application is accurate.
Application Submitted by Title
Date
66 APPENDIX D – Application Checklist Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
67 East Bay Regional Park District MEASURE WW URBAN CREEK GRANT PROGRAM APPLICATION CHECKLIST
Project Name:
Applicant:
Project Amount: # Item Description The Project Application form must be completed and signed by the Grantee’s 1 Project Application Form. authorized representative.
Cost Estimate with Prepare estimate that closely reflects the project documentation (i.e. bid items, staff 2 Sources of Additional time, purchase, materials, etc.) Funding
3 Scoring Criteria 10-page maximum (single spaced)
At the time of Application, the Applicant must provide a CEQA Certification 4 CEQA Certification Form Form along with either a Notice of Exemption or Notice of Determination stamped by the county clerk. Provide evidence of ownership or site control. For fee title submit an assessors map 5 Land Tenure and records search listing. For less than fee title provide a property map and copy of the full agreement. Provide a list of all other leases, agreements, etc., effecting Project lands or the operation and maintenance thereof, in addition to those relevant to land tenure (if 6 List Leases or Agreements. applicable).
Provide a map (city or county) with enough detail to allow a person unfamiliar with the area to locate the Project. On-line mapping and directions from 2950 Peralta 7 Project Location Map Oaks Court, Oakland, CA 94605 could fulfill this requirement.
For Projects involving Development, provide a drawing or depiction indicating what improvements the Applicant will make, and where the improvements will be located 8 Site Plan on the property. For Projects involving Acquisition, provide an Acquisition map outlining the acreage and parcel number(s) to be acquired.
Provide a photograph of the Project site. 9 Photograph
Provide a list of all required permits, if applicable. Examples include: building 10 List Require Permits permit, grading permit, water quality, BCDC, Dept. of Fish & Game, etc.)
68 APPENDIX E – Sample Cost Estimate Submit estimate electronically in Excel format
Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
Your cost estimate should relate to bid documents and the financial accounting for your project. The sample cost estimate below is to assist you in developing a cost estimate for your Project. You may reformat and change the content as needed to accommodate each Project’s scope. The items listed are illustrative only and are not intended to direct you in determining the scope of your Project, but merely to let you know the level of detail preferred.
69 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM SAMPLE COST ESTIMATE (Line items listed are for sample purposes only. Applicant should use line items that most accurately reflect the backup documentation to be provided at close out.)
Project Name:
Applicant:
# CONSTRUCTION COSTS AMOUNT 1 Land Acquisition $ 2 Bid Items (Provide separate lines for each bid item.) $ 3 Materials $ 4 In-house Labor $ 5 In-house Equipment $ 6 Rental Equipment $ 7 Construction Support $ SUBTOTAL $
PRE-CONSTRUCTION COSTS (20% Limit) AMOUNT 8 Consultants $ 9 In-house Staff Time $ 10 Title & Escrow Fees $ 11 Permit Fees $ SUBTOTAL $
GRAND TOTAL $
FUNDING SOURCES AMOUNT WW Grant $ Other Funds $ $
GRAND TOTAL $
70 APPENDIX F – CEQA Certification Form Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
71 East Bay Regional Park District MEASURE WW URBAN CREEK GRANT PROGRAM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Compliance Certification Form
Applicant: Project Name:
Project Address:
When was CEQA analysis filed for this project? Date:
What document(s) was filed for this project’s CEQA analysis: (check all that apply)
Initial Study Categorical Exemption Negative Declaration Mitgated Negative Declaration
Environmental Impact Report Other
Please attach the Notice of Exemption or the Notice of Determination as appropriate stamped by the county clerk.
Lead Agency CEQA Contact Information:
Agency Name: Contact Person
Street Address City, State, Zip Code
Phone: Email:
Certification: I hereby certify that the Lead Agency listed above has determined that it has complied with the California Environmental Quality Act (CEQA) for the project identified above and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.
I certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.
Certification Submitted by Title
Date
72 APPENDIX G – Payment Request Form Submit form electronically in Excel format
Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
73 East Bay Regional Park District MEASURE WW URBAN GRANT PROGRAM
PAYMENT REQUEST FORM
1. PROJECT TITLE 2. CONTRACT NUMBER
3. APPLICANT
4. PAYMENT REQUEST NUMBER
5. PAYMENT INFORMATION
a. Grant Project Amount $ b. Funds Received To Date $
c. Available (a. minus b.) $ $0.00 d. Amount of This Request $
e. Remaining Funds After This Payment (c. minus d.) $ $0.00
6. SEND PAYMENT TO:
AGENCY NAME
STREET ADDRESS
CITY/STATE/ZIP CODE
ATTENTION
7. I represent and warrant that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.
CERTIFIED AND SUBMITTED BY TITLE DATE
FOR EAST BAY REGIONAL PARK DISTRICT USE ONLY
PAYMENT APPROVAL DATE
74 APPENDIX H – Project Cost Summary Forms Submit forms electronically in Excel format
Please use most recent forms by following the link below: http://www.ebparks.org/about/planning/ww
75 East Bay Regional Park District MEASURE WW URBAN CREEK GRANT PROGRAM IN-HOUSE LABOR COSTS SUMMARY FORM Applicant: Project Amount: Project Name: Contract Number: Payment Request Number:
(20% Max.) Amount Amount Pre- Name Unit Performing Work Pay Date Description Construction Construction
Subtotal $0.00 $0.00
76 East Bay Regional Park District MEASURE WW URBAN CREEK GRANT PROGRAM IN-HOUSE EQUIPMENT COSTS SUMMARY FORM Project Amount: Applicant: Contract Number: Project Name: Payment Request Number: (20% Max.) Caltrans Hours Amount Amount Pre- Type of Equipment Code Dates Used Used Rate Construction Construction
Subtotal $0.00 $0.00
77 East Bay Regional Park District MEASURE WW URBAN CREEK GRANT PROGRAM PROJECT COSTS SUMMARY FORM Applicant: Project Amount: Contract Number: Project Name: Payment Request: (Max. 20 %) Amount Amount Pre- Check Number Date Recipient Description Construction Construction
Subtotal $0.00 $0.00
Subtotal from Labor Costs Summary Form (if applicable) $0.00 0
Subtotal from Equipment Costs Summary Form (if applicable) $0.00 0
Total $0.00 $0.00
Grand Total $0.00
78 APPENDIX I – Project Status Report Form Submit form electronically in Excel format
Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
79 East Bay Regional Park District MEASURE WW URBAN GRANT PROGRAM PROJECT STATUS REPORT
Agency: Contract Amount: Contract Number: Ending Date: June 30th, report due July 31st
Date Report Submitted: December 31st, report due January 31st
Expended Expended Expected Project Project Approval to date to date Completion # Number Amount Project Name Status Pre-Construction Construction Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Subtotal $0.00 $0.00
Total Grant Funded Expenditures to Date $0.00
Unexpended Grant Amount $0.00
Total Contract Amount $0.00
80 APPENDIX J – Project Completion Package Please use most recent form by following the link below: http://www.ebparks.org/about/planning/ww
81 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM PROJECT CERTIFICATION FORM
Grantee: Contract Number: Project Name: Contract Amount:
Grantee Contact (for audit purposes): Name: Address:
Phone: E-mail:
Required Documentation (unless previously provided) FOR ALL CONTRACTS LAND ACQUSITION Summery List of Bidders Appraisal Report Notce of Award by Governing Body Final Escrow Closing Statement Contract Agreement Grant deed or final agreement Final payment to contractor (cancelled checks) Title insurance policy (issued to participant) All Change Orders Cancelled checks Notice of Completion or Final Acceptance
Submit Actual Final Budget for the Project, along with list of all additional sources of funding used on the project.
Certification: I hereby certify that all grant funds were expended on the above named Project, that the Project is complete, and final payment has been made for all work done. I certify that no other payment was received for work funded by this grant.
Certification Submitted by Title
Date
82 APPENDIX K – Program Sign Requirements
83 o Sign Dimensions: 24" x 16". o The District will provide the sign to Grantees. o All Grantees are required to post the sign at the Project site. o The sign must be available for the final inspection of the Project. o Sign must remain installed for three years following final grant payment of the project. o The District may modify its sign requirements to meet certain project location needs.
84 Page Left Blank Intentionally
85 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
h. Authorization to Award a Contract for Landscaping Services to BrightView Landscape Services: Peralta Oaks Administration Building and Trudeau Training Center (McNally/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the award of a contract for landscaping services at the Administration Building and the Richard C. Trudeau Training Center to BrightView Landscape Services, CA in the total amount of $47,860 for services January 1, 2017 to December 31, 2017 and at the General Manager’s discretion, extend the contract for two additional 2-year periods until December 31, 2021.
REVENUE/COST
The contractor will perform routine and specialty landscaping services at the Administration Building and the Richard C. Trudeau Training Center for a cost of $47,860 from January 1, 2017 to December 31, 2017 that includes monthly service for $22,860 as well as a contingency fund of $25,000 for improvements and for repairs; funding is available in the Office Services Department budget account 101-4160-000-6191 (Other services).
BACKGROUND
Staff prepared a Request for Proposal (RFP) for routine and specialty landscaping services required at both the District’s Administration Building and the Richard C. Trudeau Training Center, and published Public Notices requesting vendors to submit proposals in the Oakland Tribune on July 29, 2016 and the East Bay Times on August 3, 2016. The RFP was posted on the District’s website starting on July 26, 2016 thru September 8, 2016. Nine landscaping firms attended the job walk on August 10, 2016. The proposals were due on September 8, 2019.
Seven firms submitted RFP responses. District staff reviewed the proposals and narrowed the field to the four most suitable firms:
86 VENDOR NAME CITY RFP AMOUNT Gardener’s Guild Richmond $19,908 BrightView Landscape Services Hayward $22,860 Gachina Menlo Park $23,448 New Image Fremont $31,200
Other vendors submitting RFPs but not selected for further consideration were:
VENDOR NAME CITY RFP AMOUNT Mike Davis Morgan Hill $ 9,363 Pacheco Brothers Hayward $39,600 Forster & Krueger San Rafael $72,800
District staff checked references and interviewed the four most suitable firms to determine how they would accomplish the defined scope of work, their acceptance of the District’s Contract for Services requirements and their proposed transition plan, if they were awarded the contract.
Of the four top candidates (which included our current service provider), BrightView Landscape Services scored the highest on the criteria established; therefore, BrightView Landscape Services is the recommended firm.
The contract term is for one year, from January 1, 2017 to December 31, 2017. If the vendor provides satisfactory service in the first year of the contract, the agreement as stated in the RFP enables the District to extend the contract for two 2-year periods until December 31, 2021. The contractor may submit cost of living increases during the annual renewal process to request increasing the total annual compensation amount.
ALTERNATIVES
The Board could choose not to approve the bid award at this time. This alternative is not recommended.
87 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 -
November 1, 2016
AUTHORIZATION TO AWARD A CONTRACT FOR LANDSCAPING SERVICES TO BRIGHTVIEW LANDSCAPE SERVICES: PERALTA OAKS ADMINISTRATION BUILDING AND TRUDEAU TRAINING CENTER
WHEREAS, the District issued a Request for Proposal (RFP) for landscaping services at the Administration Building and the Richard C. Trudeau Training Center; and
WHEREAS, the District posted the RFP announcement on the District’s website and in the Oakland Tribune and East Bay Times requesting vendors to submit proposals; and
WHEREAS, nine firms attended the job walk and the District received seven prposals by the September 8, 2016 RFP deadline; and
WHEREAS, District staff reviewed the seven bids and narrowed the field to the four most suitable firms for an interview; and
WHEREAS, BrightView Landscape Services was the highest scoring proposal while meeting all of the criteria established; therefore, BrightView Landscape Services is the recommended firm;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a contract for services agreement with BrightView Landscape Services for landscaping services at the District’s Peralta Oaks Administration Building and the Richard C. Trudeau Training Center in the amount of $47,860 for the first year from January 1, 2017 to December 31, 2017 to be funded from Office Services account 101-4160-000- 6191; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to extend the contract after the initial one year term for up to two 2-year periods until December 31, 2021, including cost of living increases, after periodic staff reviews of the level of service; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to adjust the contract amount for cost of living increases during the annual contract renewal process in accordance with the contract terms; and
88 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 do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and approved this 1st day of November, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
89 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Transfer and Appropriate Funds for Acquisition of the 191.45± Acre Moller Ranch Property from the Antioch Unified School District: Black Diamond Mines Regional Preserve (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the transfer and appropriation of funds for acquisition of Antioch Unified School District’s (AUSD) approximately 191.45± acre “Moller Ranch” property. Said real property is located on Somersville Road in unincorporated Contra Costa County, immediately south of the Antioch city limits at the northern entrance to Black Diamond Mines Regional Preserve.
REVENUE/COST
The property as encumbered by a proposed 155.63± acre conservation easement may be acquired for $305,782, its appraised fair market value. Per the terms of the Purchase and Sale Agreement (Agreement), the Park District placed an initial deposit of $10,000 into escrow in July 2014, followed by a second deposit of 25% of the purchase price ($76,445) in December 2014, and a third deposit of 25% in December 2015. All three deposits are to be credited toward the purchase price. A fourth and final 50% deposit of $142,892 is to be placed into escrow on or before December 1, 2016 in order to close escrow by December 15, with an option to extend for an additional six-month period if necessary per the terms of the Agreement.
The final payment will be largely funded by a $113,500 grant awarded to the Park District in March 2014 by the State Department of Parks and Recreation (DPR) Habitat Conservation Fund (HCF) Program. The grant was appropriated to the acquisition project account per Board Resolution No. 2014-01-014, approved on January 14, 2014. Due to the low balance ($17,000) remaining in Measure WW acquisition funds for the Black Diamond Mines allocation area, staff recommends the Board authorize the transfer and appropriation of $237,392 from the Peake property proceeds, held in the Gift Fund to cover the balance of the purchase price and related acquisition expenses. The Peake property, located in Anderson, California, was donated to the Park District in 1970. The Board authorized the sale of the property and its proceeds to be
90 deposited into a gift fund for future property acquisitions by Resolution No. 1998-09-213 dated September 1, 1998. The current balance of this fund is $256,976.
Due to lengthy negotiations, multiple appraisals of the subject property, and significant deferred maintenance requiring near term safety and security expenditures, previous board actions appropriated a total of $642,141 by Resolution Nos. 1999-01-028 (approved January 12, 1999); 2007-12-342 (approved December 18, 2007); 2010-11-286 (approved November 16, 2010); 2011-9-197 (approved September 6, 2011); 2011-10-235 (approved October 4, 2011); 2014-01- 014 and 2014-01-020 (approved January 14, 2014); 2014-07-177 (approved July 15, 2014); and 2015-12-334 (approved December 1, 2015).
SOURCE OF FUNDS/PREVIOUS APPROPRIATION: State DPR Habitat Conservancy Fund Program Grant (234400GS05) $ 113,500
SOURCE OF FUNDS/NEW APPROPRIATION: Gift Fund- Peake Property (253-9110-000-9980) 237,392 Total $ 350,892
USE OF FUNDS: AUSD - Moller Ranch/Black Diamond Mines Acquisition ( CIP 234400) Fourth and Final Deposit $ 142,892 Staff time and Title and Escrow fees 11,500 AUSD - Moller Ranch/BDM Safety and Security (CIP 234401) Fencing and Gates 10,000 Road and Fire Trail Grading 7,500 Signs and Locks 1,000 IPM 3,000 Security Residence Repair and Renovation 175,000 Total $ 350,892
Previous Board Approved Appropriations to CIP 234400 and 234401 $ 642,141
Total Project Cost $ 879,533
BACKGROUND
The Park District has long considered the Moller Ranch property currently owned by AUSD to be a critical acquisition to complete the northern entrance and gateway to Black Diamond Mines Regional Preserve (Preserve). The Board authorized staff to begin negotiations to acquire two of the three parcels from AUSD on January 12, 1999 by its Resolution No. 1999- 01-28, and ten years later for the third parcel on December 1, 2009 by its Resolution No. 2009-12-304. On July 11, 2014, the Park District and AUSD entered into a Purchase and Sale Agreement for the subject property as authorized by the Board on January 14, 2014 by Resolution No. 2014-01-020. The Agreement specifies close of escrow by December 15, 2016, with an option to extend for an additional six-month period if necessary.
91 Staff commissioned appraisals in 1987, 1989, 1992, 1994 and 2011, with the most recent appraisal, dated May 15, 2015, commissioned to support the Park District’s HCF Program grant funding award from the State DPR. Third party Aviano Farms LLC is purchasing a conservation easement over 155.63± acres of the property for $1,034,368 as mitigation for two development projects in the City of Antioch, its 533-unit active adult residential development and AUSD’s Dozier Libbey Medical High School. The Park District will purchase the underlying fee interest to this acreage, as well as the remaining approximately 35.82± acres of unencumbered fee interest including the farmstead, for $305,782 per the terms of a three-party Memorandum of Agreement (MOA), authorized by the Board on October 4, 2011 by Resolution No. 2011-10-235.
On October 11, 2012, the Park District and AUSD entered into an Interim Access and Use Agreement (Use Agreement) allowing the Park District to take over property management of Moller Ranch in anticipation of acquiring the property. Structures within the farmstead had suffered some degree of vandalism due to the lack of on-site caretaking prior to the Park District’s stewardship. Subsequent safety and security improvements to the property that have occurred under the District’s Operations Division include installing a security camera, refurbishing the on-site well for non-potable water purposes, rehabbing the septic system, restoring electrical service, and installing a trailer as a temporary security residence. In addition, formerly overgrown and unkempt grounds and fields have been mowed, trees have been trimmed, and four dumpster loads of trash, recyclable metal and wood have been removed from the property. Public Safety now provides on the ground patrols, as well.
AUSD purchased the property from the Moller family in 1996. The ranch was originally operated as a dairy, as evidenced by its two-story dairy barn constructed in 1903. Other notable historic structures on the site include a 3,152-square-foot horse barn constructed in 1915, and a primary residence constructed in the early 1900’s. Park District Planning staff has commissioned a historic and renovation feasibility assessment of the site’s structures, now underway, in order to determine their historical significance and guide planning for potential site improvements. A number of other Park District departments, including Interpretive and Recreation Services, Design, MAST and Park Operations are participating in the process of documenting and planning for the property’s historic resources for incorporation into the Preserve’s 2017 Land Use Plan Amendment.
The 191.45± acre ranch consists primarily of unimproved and previously grazed land with the exception of the farmstead located in the northeasterly portion of the property. The terrain of the property varies from level to very steeply sloping with elevations topping out at 978 feet atop the hills of the south-central portion of the property. From the property’s highest vantage points, views of the cities of Pittsburg, Antioch, Brentwood and Oakley can be seen against the backdrop of the peaks of the Mount Diablo range to the south and the Sacramento River and San Joaquin River Delta to the northeast. The property is predominately open grasslands with stands of blue oaks and California buckeyes, bisected by Markley Creek. The creek supports a degraded but persistent riparian plant community in the southeast corner of the property. An August 1997 biological assessment determined that rock outcrop ridge segments and associated grasslands to the south were suitable habitat for the state and federally threatened Alameda whipsnake.
92 Per the terms of the three-party MOA, Aviano Farms is taking the lead in seeking resource agency approval of the conservation easement and management plan. Aviano Farms also is responsible for the cost of resource enhancements required as part of the mitigation and for a non-wasting endowment sufficient to fund the easement’s long-term maintenance and monitoring. The Park District already has received $62,000 from Aviano for fencing and gates necessary to manage the conservation easement, accepted and appropriated by the Board by Resolution No. 2016-03-043 dated March 1, 2016. The District will also hold a substantial portion of the endowment for future property management, the balance going to a third party conservation easement holder as required by the resource agencies. Roads needed for emergency response, resource management and recreational trails are being incorporated into the conservation easement. Staff will seek Board approval for the acceptance of the endowment funds in a separate Board action.
An Acquisition Evaluation (AE) summarizing operational and other impacts of this property acquisition are attached to this report and serve as the basis for the Safety and Security funding requested herein. The AE also determines the acquisition’s 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. Finally, the AE recommends that upon transfer to the District the property be placed into Land Bank status until the future Land Use Plan Amendment for Black Diamond Mines Regional Preserve is completed.
ALTERNATIVES
No alternatives are recommended. Staff recommends that the Board authorize the transfer and appropriation of funds for the fourth and final deposit and related acquisition expenses to complete this property acquisition.
93 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 -
November 1, 2016
AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS FOR ACQUISITION OF THE 191.45± ACRE MOLLER RANCH PROPERTY FROM THE ANTIOCH UNIFIED SCHOOL DISTRICT: BLACK DIAMOND MINES REGIONAL PRESERVE
WHEREAS, the Board of Directors authorized negotiations with the Antioch Unified School District (AUSD) by Resolutions No. 1999-01-28 and 2009-12-304, approved January 12, 1999 and December 1, 2009, respectively, for the 191.45± acre property formerly known as “Moller Ranch,” located on Somersville Road in unincorporated Contra Costa County immediately south of the City of Antioch at the northern entrance of Black Diamond Mines Regional Preserve; and
WHEREAS, AUSD is prepared to sell a conservation easement over approximately 155.63 acres of the 191.45± acre property to Aviano Farms LLC for $1,034,368 in fulfillment of mitigation requirements for which both parties are obligated; and
WHEREAS, AUSD also is prepared to sell the underlying fee interest, including approximately 35.82± acres of unencumbered fee that includes the property’s farmstead, to the Park District for $305,782 based on the property’s appraised fair market value; and
WHEREAS, per the terms of a Memorandum of Agreement (MOA) reached by the three parties and authorized by the Board on October 4, 2011 by Resolution No. 2011-10-235, the Park District and AUSD entered into an Interim Access and Use Agreement on October 11, 2012 allowing the Park District to take over property management of Moller Ranch in anticipation of acquiring the property; and
WHEREAS, by Resolution No. 2013-09-215, dated September 17, 2013, the Board authorized staff to submit a grant application to the State Department of Parks and Recreation (DPR) Habitat Conservation Fund (HCF) Program for Riparian Habitat, said application for $113,500 approved by the State HCF in March 2014 and appropriated to capital acquisition project account AUSD-Moeller/Black Diamond Mines at that time; and
WHEREAS, by Resolution No. 1998-09-213, dated September 1, 1998, the Board authorized the sale of a 1970 donation property located in Anderson, California, (the Peake property) and its proceeds to be deposited into a gift fund for future property acquisitions; and
WHEREAS, by Resolution No. 2014-01-020, approved on January 14, 2014, the Board of Directors authorized entering into the Purchase and Sale Agreement for acquisition of the 191.45± acre subject property; and
94 WHEREAS, while Aviano Farms pursued negotiations with the resource agencies to finalize the conservation easement, the parties negotiated their respective purchase agreements, the Park District – AUSD Purchase and Sale Agreement requiring a $142,892 fourth and final deposit on or before December 1, 2016 in order to close escrow by December 15, 2016, extendable by an additional six months if necessary; and
WHEREAS, Aviano Farms also is responsible for the cost of resource enhancements required as part of the mitigation and for a non-wasting endowment sufficient to fund the easement’s long-term maintenance and monitoring, a substantial portion of which will be held by the Park District for future property management, with the balance going to a third party conservation easement holder as required by the resource agencies; 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; and
WHEREAS, acquisition of this property aids in important resource protection goals by preserving viewsheds, maintaining open space, protecting riparian habitat and endangered species habitat, and extending a wildlife corridor;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to purchase the Moller Ranch property from AUSD for $305,782 as described herein and to close escrow by either December 15, 2016 or as extendable per the Purchase Agreement and as otherwise agreed to among the MOA parties; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized to transfer and appropriate funds for acquisition of the 191.45± acre Moller Ranch property in the amount of $237,392 from the Gift Fund, Peake Property gift (253-9110-000-9980) to project accounts AUSD - Moller Ranch/Black Diamond Mines Acquisition (CIP 234400) and AUSD - Moller Ranch/Black Diamond Mines Safety and Security (CIP 234401) to fund a portion of the fourth deposit and related acquisition 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 allocate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director and adopted this 1st day of November, 2016, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
95 ACQUISITION EVALUATION
Black Diamond Mines Regional Preserve AUSD Moller Ranch Property 191.45± acres APNs: 075-051-004 & -010 (Contra Costa County)
Site Description:
The AUSD-Moller Ranch property consists of two parcels totaling 191.45± acres located in unincorporated Contra Costa County on Somersville Road, adjacent to Black Diamond Mines Regional Preserve. The AUSD-Moller Ranch property, historically known as Arata Ranch, will be incorporated into the existing Black Diamond Mines Regional Preserve. The property has a physical address of 4546 Somersville Road, Antioch, CA and is accessed via a gate on Somersville Road. The western boundary of the property is bordered by private ranchland, EBRPD parkland is to the south and east, and existing and planned residential subdivisions are located to the north.
The primary access to the property is on Somersville Road. There is also an emergency vehicle and maintenance access point to the north via Countryside Way in the adjacent Black Diamond Ranch subdivision. There are internal ranch roads within the property, but due to the steep topography the accessibility throughout the property needs to be improved. The location of the property’s main access gate and close proximity to the entrance to Black Diamond Mines present a unique opportunity to develop a new staging area and main entrance to the park.
The AUSD-Moller Ranch acquisition will contribute to the protection of significant habitat and provide for recreation opportunities by virtue of its location at the Somersville Road entrance to Black Diamond Mines Regional Preserve. The property is located within the East Contra Costa County Habitat Conservation Plan inventory area. In 2012, the Park District and the Antioch Unified School District (AUSD) entered into an Interim Access and Use Agreement. This agreement allowed the Park District to take over property management of the Moller Ranch and establish a security residence on-site to deter trespassing and vandalism. Additionally, District Public Safety officers provide ground patrols.
The property is generally unimproved with the exception of a residential and agricultural compound located in the northeasterly portion of the property. The remainder of the property has been historically grazed by cattle, though more recently sheep have been used to manage the vegetation and fuel load. The residential and agricultural compound contains a significant number of improvements including two single-family residences, a dairy barn, a horse barn, shop, and numerous sheds and shacks. The majority of the buildings are in a significantly deteriorated condition with the exception of the shop structure. Public electricity is provided via PG&E overhead powerlines to serve the security trailer and an upgraded sewer and septic leach field was installed to service the trailer and any future improved security residence. There is an on-site well of questionable volume and quality that provides non-potable water to
96 the residence. Two windmills are located near the sites of former wells on the west side of the compound.
The AUSD-Moller property is located outside of the Antioch and Pittsburg Urban Limit Lines in the unincorporated jurisdiction of Contra Costa County and has a General Plan designation of Open Space with a county zoning designation of A-4, Agricultural Preserve District.
Natural and Cultural Resources:
The AUSD-Moller Property is characterized by steeply sloping terrain with a small area of level ground where the residential and agricultural compound is located. A blue oak and California buckeye savannah occupies the steep upland southeasterly portions of the property. A number of the trees in this area have trunk diameters of more than four feet and are likely hundreds of years old.
On the southeast facing slopes there is an open canopy with a northern coastal scrub community primarily in the south and southwest portions of the property. This community largely consists of chemise, California sage and some sticky monkey flower along with annual grassland. Long-term cattle grazing has affected the northern coastal scrub community by keeping it more open and fragmented than it would be naturally. As a consequence of grazing, native grasses and forbs have been replaced by large stands of aggressive pioneer weed species such as yellow star thistle and bull thistle.
Markley Creek, on the eastern side of the property, separates the level portions of the property from the moderate to steeply sloping hillsides to the west. Markley Creek is a seasonal creek that supports a degraded but persistent riparian plant community. As the creek runs north, vegetation along the sides of the creek decreases. Near the residential and agricultural compound, the creek channel is silted in, likely due to erosion from the steep hills southwest of the creek. During the rainy season, the silted in channel results in sheet flow through the riparian area and occasionally into the compound. Once past the compound, the creek channel again becomes more defined and vegetated.
The northern half of the property supports an upland annual grassland community consisting mainly of grasses and forbs. The central portion of the property is marked by a long, east-west, rock outcrop ridge with scattered stands of coastal scrub.
No known listed special status plant or animal species are present on the property. Habitat conditions in the vicinity of the rock outcrop ridge and grassland area in the south are appropriate for the State and federally threatened Alameda Whipsnake; however the species has not been observed on-site. A 155.63± acres conservation easement will be placed over the property as mitigation for two development projects in the City of Antioch by Aviano Farms LLC prior to the property’s conveyance to the Park District.
A historical assessment is being conducted in 2016 to evaluate the buildings in the residential and agricultural compound. Safety and security is a high priority to prevent trespass and
97 vandalism of historic structures and equipment on the property, in particular those associated with the original Arata Ranch complex.
Planning Issues:
Master Plan: This acquisition will be an addition to existing parkland and is therefore consistent with the Master Plan 2013 Regional Parkland and Trail Map as amended in July of 2013.
Land Use Planning: A Land Use Plan was completed for Black Diamond Mines Regional Preserve in 1977. The AUSD-Moller property will need to be included in a future Land Use Plan Amendment prior to being taken off the land bank list.
Planning staff is currently preparing a Land Use Plan Amendment for the Regional Preserve to formally incorporate and open to the public 4,930 acres of land, including the AUSD-Moller Ranch property. The District hired a consultant this year to provide cultural resource and architectural services to inform the plan. At the main residential and agricultural complex site, the scope of the consultant work specifically includes an evaluation of its 27 structures to determine their eligibility for the National Register of Historic Places, as well as an existing structure conditions assessment and reuse feasibility study to inform decisions on future disposition or use of structures.
CEQA Compliance: This acquisition is exempt from CEQA requirements under both Sections 15316 and 15325 of the State CEQA Guidelines, the transfer of ownership of the land to preserve open space; and Section 15304, minor alterations of land with respect to grazing activities.
Public Safety:
Police: This property will result in an acquisition that will cumulatively increase demands on EBRPD police services. An ARIES check of the address show one “Keeping the Peace” call in 2004. A Spillman search shows approximately nine calls for service from this agency in the last three years (PC 452c, 459 Commercial, 647(f), suspicious person(s)/vehicle(s) and security checks).
Park Supervisor Caulfield advised that the area of the Farmstead has been historically a “party spot” for local juveniles. Staff has reported illegal fires within the buildings as well as items being stolen or stripped out of the buildings. Supervisor Caulfield also advised that since the District placed a caretaker on site, trespassing on the Farmstead has drastically decreased.
There are no known hazardous materials on the property. Access to the property for emergency vehicles will be through the Farmstead property at 4546 Somersville Road and two access gates through the Sky Ranch 1 & 2 residential developments on the north side of the property. There will be limited vehicle access through the property due to terrain.
Potential Police Issues: Curfew Issues
98 Vandalism/Theft of/from buildings Trespassing/Restricted Area Installation of a 100+ space parking lot will increase the likelihood of additional automobile burglaries and other related crimes associated to District parking lots (VC, HS, Ord. 38).
Future Policing Requirements: Park signs should be erected so the property will be clearly identifiable for jurisdictional purposes. Recommend continuation of on-site caretaker at this facility to reduce criminal activity. Future land use planning and facility development will evaluate potential public safety impacts necessary to assess staffing impacts.
Fire: The AUSD-Moller Ranch property currently contains numerous wood-frame balloon (type-V) construction buildings which vary in size. The property has had a history of vandalism and fires with two fires at the dairy barn.
The AUSD-Moller Ranch property is rated by the State of California as a High Fire Hazard Severity Level, classified as State Responsibility Area (SRA) for fire protection, and is within the State’s Direct Protection Area (CAL FIRE 2007). It is likely that a wildland fire would be fast moving and of high intensity and cause substantial damage to the natural resources and infrastructure improvements. The other properties in the planning area are also classified as a High Fire Hazard Severity Level but classified as Local Responsibility Area (LRA), under the jurisdiction of the Contra Costa County Fire Protection District (CCCFPD), which provides fire and emergency services within the City of Antioch, Pittsburg and adjacent unincorporated areas. In the event of a large wildland fire, additional fire resources would be available from the California Department of Forestry and Fire Protection’s (CAL FIRE) Station 16, known as the Sunshine Station, located on Marsh Creek Road near the City of Clayton.
Mutual aid by the Contra Costa Fire Protection District could also be dispatched. Depending on the magnitude of the fire, CAL FIRE crews, dozers, air resources, supervisory overhead and additional engines could also be dispatched. District engine, watertender and helicopter resources when available, as well as overhead personnel, would respond. Response time of the District’s helicopter is estimated at 15 minutes and longer for ground resources. Regional Park District ground resources would likely be dispatched from the closest staffed station, Station 1 (staffed), in Tilden Regional Park; Station 8 in Contra Loma Regional Park is nearby but not staffed.
Contra Costa Fire Protection District has primary jurisdictional responsibility for structure fires and emergency medical services for these parcels. CAL FIRE and EBRPD would respond as well. The primary roles of CAL FIRE and EBRPD in the event of a structure fire would be to prevent fire spread to the surrounding wildlands and nearby improvements. During the day, response time would be between 40 and 60 minutes, depending on from which station they were dispatched and traffic conditions. The EBRPD helicopter would arrive within approximately 15 minutes from the Hayward Air Unit when available.
99 Hazardous materials response and fire prevention is the responsibility of EBRPD. District records document that over a recent three-year period, Black Diamond Regional Park had (6) six hazardous materials incidents. This average of more than one per year is a Moderate occurrence, compared with other District parks. One could expect a similar level of occurrence in this new addition.
In a recent three-year period records indicate that there were (55) fifty-five medical incidents in the Black Diamond Mines area. This is a Moderate level of occurrence when compared with other District parks, and could characterize medical response activity in the new parcel as well. However, considering that medical emergencies within this area have extended estimated time of arrivals (ETA’s) due to the park’s remoteness and geographical features, the “golden hour” of time, the time from when a patient is traumatically injured until they receive definitive care, could be greatly increased above the District’s norm.
The following recommendations are important to improve fire and resource protection.
Recommendations: At trailheads or other public access points, include public education information regarding fire risks, hazards, responsibilities and actions to minimize fire occurrence and losses. Continue to strengthen mutual aid relationships with Contra Costa County, neighboring fire departments and protection districts, as well as with the State of California's CAL FIRE to ensure adequate emergency response times. Integrate wildland/urban interface fire considerations in land management planning as well as development project plans. Ensure an adequate level of fire and visitor safety protection capability is provided, commensurate with the increasing land base and wildland-urban interface requiring protection. Maintain strategic existing ranch roads to provide emergency vehicle access and emergency evacuation routes for park visitors. Support the local fire protection jurisdiction in their enforcement of hazard mitigation and annual defensible space clearances in compliance with State PRC 4291. Work cooperatively with local property owners and authorities to maintain roads that provide emergency vehicle ingress and egress, as well as evacuation routes for park users. Cooperate with county and state fire agencies to ensure neighbors and the visiting public are aware of the risks, hazards, responsibilities and defensible space requirements to minimize fire losses in the wildland-urban interface.
Acquisition Criteria: This property: Presents an acquisition opportunity necessary to implement the Park District’s Master Plan. Protects a significant wildlife corridor that connects existing preserves managed by the District, State, and other public entities. Possesses significant natural and cultural resources that have special status protection and have been identified as high priority for conservation.
100 Helps maintain an equitable parkland distribution of facilities and programs throughout the District. Facilitates coordination with the joint plans of other public agencies.
Recommendation for Land Bank Status: Yes X No _ __
The property is not located within an area covered by an approved Land Use Plan. The property can be removed from Land Bank Status at such a time that a Land Use Plan Amendment for the Black Diamond Mines Regional Preserve is approved.
Site Cost Estimate: Acquisition Estimate: $ 305,782
Safety and Security Estimate: $ 196,500 Fencing & Gates: $ 10,000 Road & Fire Trail Grading: $ 7,500 Signs & Locks: $ 1,000 Security Residence Renovation: $ 175,000 IPM : $ 3,000
Maintenance and Operational Estimate (annual): $ 17,255 Total Five-Year Projection: $ 86,275
1 Estimate is based upon the annual Land Base Operating Cost Methodology.
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BLACK DIAMOND MINES REGIONAL PRESERVE ± AUSD/Moller Ranch Property Environmental Programs and GIS Project Location Map Feet September 22, 2016 0 1,000 2,000 4,000 6,000 0:\ . . \bd_AUSD-Moller_Loc_2 APNs 075-051-004 & -010 (portion) O:\GIS\Land\BoardMaps\2016 BoardO:\GIS\Land\BoardMaps\2016 Maps\BD_AUSD_2\bd_AUSD-Moller_Loc_2.mxd Date: 9/22/2016 102 Page Left Blank Intentionally
103 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund Between Projects From New Revenues X Between Funds
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital-Land Acquisition-Black Diamont-AUSD-Moller Ranch Acquisition-Private Party Peake Property Gift Fund-Purchase Costs
Account: 333-7330-102-7010 / 234400 LFPP-101 $ 29,392 Account Name: Expense: Capital-Land Acquisition-Black Diamont-AUSD-Moller Ranch Acquisition-Private Party Peake Property Gift Fund-Administrative Costs
Account: 333-7330-102-7010 / 234400 LFPP-100 $ 11,500 Account Name: Expense: Capital-Land- Safety & Security-Black Diamond Mines- AUSD-Moller Safety & Security-Land- Private Party Peake Property Gift Fund- Signs, weed abatement, building repair, fencing, road/trail grading
Account: 333-7330-102-7010 / 234401 LFPP-500 $ 196,500 TRANSFER BETWEEN FUNDS Account Name: TRANSFER OUT: Gift Account Name: TRANSFER IN: Capital Fund-Non-Departmental-District Wide- Fund-Non Departmental-District Wide- Peake Property-Transfer Out Transfer In
Account: 253-9110-000-9980 $ 237,392 Account: 333-9110-000-3980 $ 237,392 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on November 1, 2016 the General Manager recommends that the Board of Directors authorize transfer and appropriation of $237,392 from Gift Fund, related to the proceeds from the Peake Property, to add to the existing project budget of $642,141 to support the acquisition costs and safety and security costs.
As approved at the Board of Directors Meeting on date: 11/1/2016
Board of Directors Resolution Number: 2016-11- Posted by: Posted date: Signature
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105 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
b. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 199.43± Acres of Real Property from the Coelho Machado Family Limited Partnership, a California Limited Partnership: Vasco Hills Regional Preserve (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize staff to exercise the option and accept, transfer and appropriate funds for the purchase from the Coelho Machado Family Limited Partnership, a California Limited Partnership (Sellers), of 199.43± acres of real property bisected by Vasco Road in unincorporated Contra Costa County, southwest of the community of Byron, east of Vasco Hills Regional Preserve and immediately north of Byron Vernal Pools Regional Preserve.
REVENUE/COST
This property may be acquired for $1,495,750, its appraised fair market value, plus acquisition costs as described below. Pursuant to the option, purchase and sale agreement (Agreement) approved by the Board of Directors on June 7, 2016 by Resolution No. 2016-06-149, an option payment of $15,000 was deposited into escrow and will be credited toward the purchase price. Per the Agreement, after completion of the Park District’s due diligence and satisfaction of specified conditions precedent, $5,000 of the option payment was released to the Sellers from escrow on September 8, 2016. This early release option payment is applicable toward the purchase price and is nonrefundable to the Park District. Close of escrow is anticipated to be on or before December 20, 2016.
This property will be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) utilizing Federal Section 6 funds and State Proposition 84 funds administered through the Conservancy and awarded through the California Wildlife Conservation Board (WCB). This action authorizes the acceptance and appropriation of said grant funds, as well as the transfer and appropriation of funds provided to the Park District by various wind farms collectively known as “NextEra” via a Memorandum of Understanding
106 approved by Board Resolution No. 2012-06-146 on June 6, 2012. The funds are to be used for conservation projects benefitting bird and bat species and were credited to other than asset project account 509000LNEC. In addition, this Board action authorizes the acceptance and appropriation of $20,000 from Contra Costa County (County) for the conveyance by the District to the County of fee title to 1.8± acres of land and access and maintenance easements on 2.88± acres, all located adjacent to Vasco Road, for the County’s Vasco Road Safety Improvement Project Phase 2. This action was approved by the District’s Board of Directors on March 6, 2012 by Resolution No. 2012-03-052.
This Board action authorizes the transfer and appropriation of the following:
SOURCE OF FUNDS: ECCCHC Proposition 84 Funds (State) $454,239 HCP Land Acquisition Grant (Federal Section 6) 873,936 NextEra Conservation Funds (OTA 509000LNEC) 177,575 Contra Costa County (Vasco Safety Improvements Phase 2) 20,000 Total Current Appropriation $1,525,750
USE OF FUNDS: Coelho Machado/Vasco Hills Acquisition (CIP 245700) Balance of Purchase Price 1,480,750 Staff Time 5,000 Title and Escrow 3,500 Coelho/Vasco Hills Safety and Security (CIP 245700) Fencing and Gates 15,000 Road Repair 15,000 Cattle Guard 5,000 IPM (Perennial Pepperweed) 1,500 Total Current Appropriation $1,525,750
Previous Appropriation for Due Diligence Expenses and Option Payment $39,800 Total Project Cost $1,565,550
BACKGROUND
On November 3, 2015, by its Resolution No. 2015-11-307, the Board of Directors authorized staff to begin negotiations with the Sellers for the acquisition of their 199.43± acre real property. The property is comprised of one irregular-shaped parcel (APN 003-160-006) designated with a Byron location.
The property is accessed via Vasco Road in a southern direction only. A tunnel underpass beneath Vasco Road provides access to the eastern portion of the property. The tunnel is sized to allow for movement of cattle and can accommodate a one-ton pickup truck. Additional access is provided by an unimproved driveway at the southeast corner of the property via Armstrong Road. The property contains no building improvements. The topography is comprised of level to rolling gradients, with two minor hills located in the central area of each half of the property.
107 Vegetation across the property is limited to annual grasslands. A small area of seasonal wetlands is identified in the northwest corner of the western portion of the property.
The subject property is located outside the municipal service areas for treated water and sanitary sewer; because it is also located outside the County Urban Limit Line, it cannot be annexed for such services. Currently there is no developed water source on the property. Seasonal surface water is available for livestock in the northwest corner where drainage ponds exist. The property is currently under a cattle grazing lease that expires in October of 2018; however, a provision in the lease states that the lease may be cancelled within twelve (12) months of the sale of the property if deemed appropriate. There are wells on adjacent properties and it is reasonable to assume that a well could be developed as a source of water on the subject site. Electrical and landline telephone services are directly available to the subject property from the southeast corner off Armstrong Road.
As previously mentioned, the subject property is bisected by Vasco Road with approximately 60 percent of the property on the western side and approximately 40 percent on the eastern side of the road. The tunnel underpass under Vasco Road is a unique feature of this property and allows for vehicular movement across the property, serves as a means to move livestock, and also provides connectivity for other animal species in the area. The tunnel may also accommodate a future trail connection across the Vasco corridor for hikers, cyclists and equestrians with the permission of Contra Costa County who has indicated a willingness to work with the Park District in allowing for this use.
The County zoning for the subject property is A-4 (Agricultural Preserve District) pursuant to the Contra Costa County zoning ordinance. The subject property is encumbered with a Land Conservation Contract pursuant to the Williamson Act. The 2020 Contra Costa County General Plan classification for the property is “AL,” Agricultural Lands. The purpose of the Agricultural Lands designation is to preserve and protect lands capable of and generally used for the production of food, fiber and plant materials.
As stated above, the property is currently subject to a Land Conservation Agreement pursuant to a Williamson Act contract. Under the Williamson Act, government entities are required to make findings prior to locating public improvements on contracted land (Govt. Code § 51292). The District is exempt from making such findings because the purpose of the acquisition is for the primary benefit of the property to be acquired (Govt. Code § 51923(e)(3)). Nonetheless, the District could easily make Section 51292 findings in that (1) the District is not acquiring the property based upon the lower cost of acquiring land in an agricultural preserve and, (2) there is no other land within or outside the preserve which is reasonably feasible for the District to acquire to accomplish the same purposes. The purpose of the acquisition is to preserve and protect this unique property. The lower cost of acquiring property within an agricultural preserve is not a factor in the acquisition.
The Board is following a policy of non-renewing Williamson Act contracts on District-owned lands. Non-renewal is appropriate because the mission of the District includes the preservation of open space in perpetuity; the District’s acquisition of contracted lands accomplishes similar
108 purposes to the Williamson Act with far greater certainty. Once land is District-owned, a contract no longer servers the purpose of preserving the property, but it may impose unnecessary restrictions on the District’s ability to efficiently carry out its operations. The attached Resolution includes authorization to file a notice of non-renewal of the contract with Contra Costa County. The non-renewal will commence a wind-down of the Williamson Act contract which will expire in nine years.
The East Contra Costa County Habitat Conservation Plan designates the property as a high priority acquisition because it offers the opportunity to protect habitat, seasonal drainages, associated special-status plant and animal species, and wildlife corridor connectivity. Acquisition of the subject property may also provide opportunities for future trail connections utilizing the property’s Vasco Road undercrossing. This acquisition would also serve to extend the boundaries of both Byron Vernal Pools and Vasco Hills Regional Preserves.
An Acquisition Evaluation (AE), attached to this report, was 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. The AE recommends that upon transfer to the District, the property be placed into Land Bank status until the future Land Use Plan for Vasco Hills Regional Preserve, which would include this property, is completed. The AE also provides the basis for the safety and security funding requested herein.
ALTERNATIVES
No alternatives are recommended. Staff recommends that the Board authorize the exercise of the option, purchase and sale agreement and the acceptance, transfer and appropriation of the funds described herein for the acquisition in partnership with the East Contra Costa County Habitat Conservancy of the 199.43± acre Coelho Machado Family Limited Partnership property.
109 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 –
November 1, 2016
AUTHORIZATION TO EXERCISE THE OPTION, PURCHASE AND SALE AGREEMENT AND ACCEPT, TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION IN PARTNERSHIP WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY OF 199.43± ACRES OF REAL PROPERTY FROM THE COELHO MACHADO FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP: VASCO HILLS REGIONAL PRESERVE
WHEREAS, the Board of Directors authorized negotiations with the Coelho Machado Family Partnership, a California Limited Partnership (Sellers), by its Resolution No. 2015-11-307 adopted November 3, 2015; and
WHEREAS, under direction given by the Board of Directors, staff negotiated an option, purchase and sale agreement (Agreement) with the Sellers for acquisition of their 199.43± acre real property; and
WHEREAS, on June 7, 2016 by its Resolution No. 2016-06-150, the Board authorized staff to enter into the Agreement for the acquisition of the property, whereby the Board appropriated $15,000 for an option payment to be credited toward the purchase price and $24,800 for associated project costs; and
WHEREAS, the property may be acquired on or before December 20, 2016 for $1,495,750, its appraised fair market value; and
WHEREAS, the property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy), which is providing the Park District with Federal Section 6 grant funds totaling $873,936 and State Proposition 84 monies totaling $454,239 awarded by the California Wildlife Conservation Board (WCB); and
WHEREAS, this Board action authorizes use of additional funds provided by various wind farms collectively known as “NextEra” via a Memorandum of Understanding approved by Board Resolution No. 2012-06-146 on June 6, 2012 to support this property acquisition. The funds are to be used for conservation projects benefitting bird and bat species and were credited to other than asset project account 509000LNEC; and
WHEREAS, this Board action also authorizes the use of $20,000 from Contra Costa County (County) for the conveyance by the District to the County of fee title to 1.8± acres of land and access and maintenance easements on 2.88± acres, all located adjacent to Vasco Road, for the County’s Vasco Road Safety Improvement Project Phase 2. This action was approved by the District’s Board of Directors on March 6, 2012 by Resolution No. 2012-03-052.; and
110 WHEREAS, in order to qualify for the Conservancy grant funding sources, the District will be required to enter into funding agreements necessary to secure Federal Section 6 and State Proposition 84 monies from the Conservancy and WCB; and
WHEREAS, acquisition of this parcel aids in important resource protection goals by maintaining open space, protecting and restoring special-status species habitat, and extending a wildlife corridor; and
WHEREAS, acquisition of the subject property also provides opportunities for expansion of the regional trail network in the Vasco corridor area; and
WHEREAS, the District will be required to undertake all of the long-term management responsibility for the property; 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 exercise the Agreement with Sellers for the purchase of their 199.43± acre property; and
BE IT FURTHER RESOLVED, that the Board authorizes the General Manager, pursuant to Government Code Section 51245, to file notices of non-renewal with the Board of Supervisors of Contra Costa County for the parcels, or portions of parcels currently subject to Land Conservation Contracts; and
BE IT FURTHER RESOLVED, that the Board authorizes the General Manager to execute funding agreements necessary to secure Federal Section 6 and State Proposition 84 monies from the Conservancy and WCB; and
BE IT FURTHER RESOLVED, that the Board authorizes the transfer and appropriation of $177,575 from other than asset project account NextEra Conservation Funds (CIP 509000LNEC) to capital acquisition project account Coelho Machado/Vasco Hills Acquisition (CIP 245700) and Coelho Machado/Vasco Hills Safety and Security (245701), to fund a portion of the remaining purchase price and acquisition related expenses as shown on the attached Budget Change form; and
BE IT FURTHER RESOLVED, that the Board authorizes the acceptance, transfer and appropriation of $20,000 from Contra Costa County (County) and $873,936 in Federal Section 6 grant funding and $454,239 in State Proposition 84 grant funding from the WCB through the Conservancy to capital acquisition project account Coelho Machado/Vasco Hills Acquisition (245700), to fund portions of the remaining purchase price as shown on the attached Budget Change Form; and
111 BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director and adopted this 1st day of November 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
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113 ACQUISITION EVALUATION
Vasco Hills Regional Preserve Coelho Property 199.43± acres APN: 003-160-006 (Contra Costa County)
Site Description:
The Coelho property consists of a two sections with a total land area of 199.43 acres located in unincorporated Contra Costa County southwest of the unincorporated community of Byron. The property is bordered by EBRPD parkland to the south, and by privately held land to the north, west and east. The property is bisected by Vasco Road, effectively creating two irregular parcels on the east and west sides of Vasco Road.
Legal access to the site is provided by a private road off of Vasco Road from the southbound lane of traffic to the western parcel. The east and west portions of the property are connected by a tunnel that allows for movement of cattle and is wide enough to accommodate a one-ton pickup truck. The eastern portion of the property has an access gate to Armstrong Road. The only structures on site are limited to cattle pens and chutes. There are existing ranch roads on the property. The access road off of Vasco Road on the western part of the property is also the main road to the Vasco Hills Regional Preserve’s park office. The road is graded and in good condition. The remaining ranch roads are in relatively good condition but minimally graded.
The property is directly adjacent to Vasco Hills Regional Preserve on its southern border, and one parcel removed from District parkland on its western border. The Preserve is currently under landbank status and not open to the public. The Coelho acquisition will contribute to the protection of significant habitat across the Preserve. Furthermore, via the Vasco Road undercrossing the acquisition presents potential for a recreational trail corridor connecting Byron Vernal Pools and Vasco Hills Regional Preserves. Vasco Hills is directly connected to Byron Vernal Pools and Vasco Caves Regional Preserves to the south and east. Together, these three parks represent a total 4,884 acres, forming a wildlife habitat and recreational corridor throughout the Vasco Road area.
The Coelho property is currently grazed by an organic dairy rancher who also grazes the private properties to the north of the subject parcels. The grazer has a lease agreement with the current owner to graze the property until 2018. There is minimal grazing infrastructure and no water for the cattle on the property. The grazer has water troughs on another property to the north of the Coelho parcels. Furthermore, there is no fence along the northern boundary of the property because the grazer manages the Coelho parcels to the north as one grazing unit. Fencing along the eastern, western and southern boundaries will need to be improved.
The Coelho property is located within the jurisdiction of Contra Costa County. It has a General Plan designation of AL, Agricultural Lands, and is subject to a Williamson Act contract. The property is located outside the Urban Limit Line and within a high-priority acquisition area per the East Contra Costa County Habitat Conservation Plan.
114 Natural and Cultural Resources:
The topography of the property is predominately rolling to moderately sloping, with two minor hills located in the center of each parcel on either side of Vasco Road. There is a moderate upslope in the southwest corner of the western parcel near the Vasco Hills boundary. Elevations range from 80 to 220 feet above sea level.
There is one intermittent stream that crosses the northwest corner of the property. This stream is part of the Frisk Creek watershed. Many of the aquatic resources have been degraded due to extensive grazing but present an opportunity for restoration and enhancement.
The Coelho property contains a mixture of annual grasslands and the potential for alkali- dependent plants. Grassland is the predominant vegetation across the subject property. There is a limited amount of alkali grassland and alkali wetland in the low lying portions of the property.
The Coelho acquisition will contribute to the protection of significant habitat in the Vasco Hills and Byron Vernal Pools vicinity. The Coelho acquisition will help protect key habitat and a movement corridor for the San Joaquin Kit Fox. The property also provides suitable habitat for raptors, California tiger salamander, California red-legged frog and vernal pool fairy shrimp. The property has potential habitat for plants adapted to alkali soils such as brittlescale, San Joaquin Spearscale and recurved larkspur.
No cultural resources studies have been completed on the property. No historic structures have been identified on the property.
Planning Issues:
Master Plan: This acquisition will be an addition to existing parkland and is therefore consistent with the Master Plan 2013 Regional Parkland and Trail Map as amended in July of 2013.
Land Use Planning: This acquisition will become an addition to Vasco Hills Regional Preserve. No Land Use Plan has been completed for the Vasco Hills Regional Preserve. The Coelho property will need to be included in any future Land Use Plan prior to being taken off the land bank list.
CEQA Compliance: This acquisition is exempt from CEQA requirements under both Sections 15316 and 15325 of the State CEQA Guidelines, the transfer of ownership of the land to preserve open space; and Section 15304, minor alterations of land with respect to grazing activities.
Public Safety:
Police: The property is within the unincorporated area of Contra Costa County and is policed by the Contra Costa County Office of the Sheriff. The property will not be open to the public and will require minimal time to patrol by officers on the ground and air. The majority of this
115 grassland property can be seen from Vasco Road and from the main entrance to the Vasco Park Office (15500 Vasco Rd.). There is evidence of past off-road use at the Armstrong Road gate (38 902.1). There is evidence of shooting (bullet shells) at a cattle guard near the Armstrong gate near this new acquisition, however not on the property. The most significant infrastructure is a vehicle tunnel that connects the property underneath Vasco Road from the east and west. At this time, there is no evidence of vandalism or encampments; however, this may become an item of concern in the future. There is no fence on the north end of the property.
Future policing requirements: Boundary signs should be erected so the property will be clearly identifiable for jurisdictional purposes. District gates and locks should be installed to prevent vehicular trespassing and vandalism. Ordinance 38 signage should be posted at trailhead entrances for education and enforcement purposes if or when this property is opened to the public. A fence line will need to be placed on the north end of the property boundary.
Fire: This 199.43-acre property is classified as State Responsibility Area (SRA) for fire protection, and is within the State’s Direct Protection Area. In actuality, mutual aid initial attack fire suppression resources would arrive first from East Contra Costa County Fire Protection District and Livermore Pleasanton Fire Department. They would be on scene within 20 to 30 minutes. CalFire engines, crews, dozers and air resources would also be dispatched, with the earliest Cal Fire resources arriving from their Sunshine Station within about 20 minutes. EBRPD would respond with one or two engines, a watertender and overhead personnel from the closest staffed station, either Station 1 (Tilden) or Fire Station 5 (Del Valle). Response time would be between 20 and 60 minutes, depending on from which station they were dispatched. The EBRPD helicopter would arrive within 10 minutes from the Hayward Air Unit and would likely be over the fire before any ground resources arrived.
East Contra Costa County Fire Protection District has the jurisdictional responsibility for structure fires and emergency medical services for this parcel. Again, EBRPD would respond as well. Its primary role in the event of a structure fire would be to prevent fire spread to the surrounding wildlands and nearby improvements.
The parcel is located within the State’s “High” Fire Hazard Severity Zone. A wildland fire would be of moderate to high intensity and could cause damage to any infrastructure improvement made. Adverse effects to natural resources would likely be minor. In a recent three year period, EBRPD responded to seven fire incidents within the nearby Vasco Caves area – a pattern which may typify this new acquisition as well.
Hazardous materials responses will be the responsibility of EBRPD. District records document that during a recent three-year period, the Vasco Caves area had no hazardous materials incidents. This is a Low rate of occurrence compared with other District parks. One could expect a similar low occurrence level in the new addition.
In a recent three-year period, EBRPD fire department personnel responded to no medical incidents in the Vasco Caves area. This is a Low level of occurrence when compared with other District parks, and would likely characterize medical response activity in the new parcel as well.
116 Recommendations: Conduct hazard mitigation and annual defensible space clearances around structures in compliance with State PRC 4291. Continue to strengthen mutual aid relationships with Contra Costa County, neighboring fire departments and protection districts, as well as with the State of California’s CalFire to ensure adequate emergency response times. Maintain strategic existing ranch roads to provide emergency vehicle access, as well as evacuation routes for park users. At public access points, provide public education about the risks, hazards, responsibilities and actions to minimize the ignition and losses from fire.
Acquisition Criteria: This property: Implements the adopted Park District Master Plan. Presents an acquisition opportunity. Helps maintain an equitable parkland distribution of facilities and programs throughout the District. Possesses significant natural resources. Helps complete existing parks and protects wildlife corridors and the visual integrity in an existing park. Integrates lands acquired in partnership with the East Contra Costa County Habitat Conservancy into the regular park system. Qualifies for grants and funds from other sources.
Recommendation for Land Bank Status: Yes X No ___
The property is not located within an area covered by an approved Land Use Plan. The property can be removed from Land Bank Status at such a time that a Land Use Plan for Vasco Hills Regional Park is approved.
Site Cost Estimate: Acquisition Estimate: $1,495,750
Safety and Security Estimate: $ 36,500 Fencing $ 10,000 Gates $ 5,000 Road Repair $ 15,000 Cattle Guard $ 5,000 IPM (Perennial Pepperweed) $ 1,500
Maintenance and Operational Estimate (annual): $ 17,975 1 Total Five-Year Projection: $ 89,875
117 Timing: Close of escrow is anticipated to be on or before December 20, 2016.
1 Estimate is based upon the annual Land Base Operating Cost Methodology.
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119 Vasco Hills Regional Preserve East Bay Coelho property APN: 003 160 006 ´ Regional Park District Acquisition, Stewardship & Development Vicinity Map May 23, 2016 Feet O:/bstone/mxd projects/appraisal/ bv_coelho_b+w.mxd 0 2,000 4,000 8,000
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Byron Coelho property APN: 003 160 006 Area: 199.43 acres Walnut Hope Vasco Rankin Hills
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Vasco on Hot Byr Hills Springs
Byron Vasco Vernal Caves Pools
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Vasco Clifton Hills Court P a Forebay r L k CCWD Byron o i t n Vernal g Pools Vasco Caves
Disclaimer: Boundary and property lines shown on this map do Brushy not represent a boundary or property line survey. The East Bay Peak Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of EBRPD. r e y D 120 Page Left Blank Intentionally
121 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund X Between Funds X From New Revenues X Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Other Than Account Name: Expense: Capital-Land Asset Fund-District Wide-Next Era Funds Acq-Vasco Hills-Coelho Machado-Contra Holding Project Costa County Grant-Purchase Price
Account: 336-7475-000-6191/ 509000 Account: 333-7330-180-7010 / 245700 LNEC - 009 $ 177,575 GL21-101 $20,000 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado-Next Era Conservation Fund-Purchase Price Account: 333-7330-180-7010 / 245700 LNEC-101 $132,575 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado-East Contra Costa County Habitat Conservancy Grant-Purchase Price Account: 333-7330-180-7010 / 245700 LHCP-101 $454,239 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado-East Contra Costa County Habitat Conservancy Federal Grant-Purchase Price Account: 333-7330-180-7010 / 245700 LHCF-101 $873,936 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado-Next Era Conservation Fund-Administrative Cost Account: 333-7330-180-7010 / 245700 LNEC-100 $8,500 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado Safety and Security-Next Era Conservation Fund-Fencing Account: 333-7330-180-7010 / 245701 LNEC-504 $15,000 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado Safety and Security-Next Era Conservation Fund-Grading/Road Repair
Account: 333-7330-180-7010 / 245701 LNEC-506 $15,000 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado Safety and Security-Next Era Conservation Fund-Weed Abatement Account: 333-7330-180-7010 / 245701 LNEC-510 $1,500 Account Name: Expense: Capital-Land Acq-Vasco Hills-Coelho Machado Safety and Security-Next Era Conservation Fund-Other
Account: 333-7330-180-7010 / 245701 LNEC-511 $5,000 TRANSFER BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Capital Other Than Asset Fund-Non- Fund-Non Departmental-District Wide- Departmental-District Wide-Transfer Out Transfer In
Account: 336-9110-000-9980 $ 177,575 Account: 333-9110-000-3980 $ 177,575 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on August 9, 2016 the General Manager recommends that the Board of Directors authorize to accept and appropriate $20,000 from Contra Costa County, $141,075 from Next Era Conservation Fund, $454,239 from ECCC Habitat Conservancy Funds, $873,936 from ECCC Habitat Conservancy Federal Funds to augment the existing acquisition budget of $39,800, and $36,500 from Next Era Conservation Funds to fund the Safety and Security phase of the project.
As approved at the Board of Directors Meeting on: Date: 11/1/2016 Board of Directors Resolution Number: 2016-11 Posted By: Date: Signature
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123 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
c. Approval of the Point Pinole Regional Shoreline Land Use Plan Amendment for the O’Neill/Carr Property and Naming of Park Features: Point Pinole Regional Shoreline (Barton/Holt/Nisbet)
RECOMMENDATION
The General Manager, Board Executive Committee, and Park Advisory Committee recommend that the Board of Directors approve a 2016 amendment to the existing Point Pinole Regional Shoreline Land Use Plan (LUP) under the East Bay Regional Park District’s Amendment Checklist Process, adopted on March 21, 2000, under Resolution No. 2000-3-54. The purpose of this amendment is to incorporate the Breuner Marsh and O’Neill/Carr properties into the regional shoreline for public use and resource protection, and rename the marsh, “The Dotson Family Marsh”.
REVENUE/COST
The only costs associated with this action are the costs of signage. The Operations Division will cover park signage installation costs from their operating budget.
BACKGROUND
Staff has prepared a draft Checklist Amendment for the former Breuner Marsh and O’Neill/Carr parcels at Point Pinole Regional Shoreline (Point Pinole) (Attachment A). The 218-acre Breuner Marsh property was acquired through condemnation in accordance with the provisions of eminent domain law on March 7, 2006 (Resolution No. 2006-3-50) as part of Point Pinole Regional Shoreline. A LUP and Environmental Impact Report (EIR) was adopted for Point Pinole in 1976 (Resolution No. 1976-6-148). The LUP opened 1,164 acres of regional parkland. The 20-acre O’Neill/Carr property was acquired on July 5, 2016 (Resolution No. 2016-07-178). This 2016 Checklist Amendment provides a formal planning review of the former Breuner Marsh and O’Neill/Carr properties that were acquired after the adoption of the LUP.
The Breuner Marsh Restoration and Public Access Project EIR was adopted by the Board on July 3, 2012 (Resolution No. 2012-7-165; State Clearinghouse No: 2011072011). The
124 acquisition of the O’Neill/Carr property is exempt from California Environmental Quality Act (CEQA) requirements under both Sections 15316 and 15325 of the CEQA Guidelines - the transfer of ownership of the land to preserve open space.
The former Breuner Marsh property is contiguous with existing park boundaries, and the O’Neill/Carr property is contiguous with the former Breuner Marsh property. Passive recreation such as hiking, picnicking, and nature observation will be allowed at the former Breuner Marsh property. The O’Neill/Carr property will be managed for habitat value with no public access.
The Dotson Family Marsh Land Use Checklist Amendment to the Point Pinole Regional Shoreline Land Use Plan (Checklist Amendment) proposes naming the previously unnamed facilities located on the properties that are contiguous to the Point Pinole Regional Shoreline. The purpose of this request is to provide clear wayfinding information. Refer to Figure 1 for the location of the park, Figure 2 for the location of these proposed facility name changes.
The largest feature at the site is the approximately 60-acres of restored wetlands. It is recommended that this marsh be named Dotson Family Marsh, consistent with the City of Richmond Resolution No. 110-12, approved by Richmond City Council on September 11, 2012, to honor the environmental advocacy work of Reverend Richard Daniel Dotson. The restoration of this marsh is the culmination of a long-time community effort to protect the marsh from development, including an airport, three housing projects, and a business park.
Additional park features, and their recommended names include: a 1.5-mile extension of the San Francisco Bay Trail along the Richmond shoreline, which is recommended to be named San Francisco Bay Trail to provide consistency with the regional San Francisco Bay Trail project; a bridge crossing over Rheem Creek, which is recommended to be named Rheem Creek Bridge; a 24-space parking area that includes vault toilets and an information kiosk that is recommended to be named the Dotson Family Marsh Staging Area; a paved pedestrian-only spur trail that diverges from the Bay Trail to a vista overlook, which is recommended to be named the China Clipper Spur Trail; and a gated pedestrian-only trail section that extends out to the shoreline spit following an existing foot path, that is recommended to be named the Cordgrass Jetty Trail. Adopting these trail and park feature names is consistent with the East Bay Regional Park District Naming Policy and Guidelines.
ALTERNATIVES
No alternatives are recommended.
125 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 - 11 -
November 1, 2016
APPROVAL OF THE POINT PINOLE REGIONAL SHORELINE LAND USE PLAN AMENDMENT FOR THE O’NEILL/CARR PROPERTY AND NAMING OF PARK FEATURES: POINT PINOLE REGIONAL SHORELINE
WHEREAS, the 2013 District Master Plan provides policies for the preparation and amendment of Land Use Plan Documents including public review and compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, on March 21, 2000 the Board of Directors approved a modified Land Use Plan amendment process, which is referred to as the “Checklist Amendment”; and
WHEREAS, on June 1, 1976, under Resolution No. 1976-6-148, the Board approved a Land Use Plan and Environmental Impact Report for Point Pinole, and this Land Use Plan opened 1,164 acres of regional parkland; and
WHEREAS, the 218-acre Breuner Marsh Property was acquired through condemnation in accordance with the provisions of eminent domain law on March 7, 2006, under Resolution No. 2006-3-50; and
WHEREAS, the 20-acre O’Neill/Carr property was acquired on July 5, 2016 under Resolution No. 2016-07-178; and
WHEREAS, the Final Environmental Impact Report for the Breuner Marsh Restoration and Public Access Project – State Clearinghouse No. 2011072011 was adopted by the Board on July 3, 2012 under Resolution No. 2012-7-165; and
WHEREAS, the O’Neill/Carr property is exempt from CEQA requirements under both Sections 15316 and 15325 of the CEQA Guidelines – the transfer of ownership of the land to preserve open space; and
WHEREAS, the following park features are included in the Checklist Amendment, and have the following corresponding names proposed for them: approximately 60-acres of restored wetlands that is recommended to be named Dotson Family Marsh, a 1.5-mile extension of the San Francisco Bay Trail along the Richmond shoreline is recommended to be named San Francisco Bay Trail; a bridge crossing over Rheem Creek is recommended to be named Rheem Creek Bridge; a 24-space parking area that includes vault toilets and an information kiosk is recommended to be named the Dotson Family Marsh Staging Area; a paved pedestrian-only spur trail is recommended to be named the China Clipper Spur Trail; and a gated pedestrian-only trail section is recommended to be named the Cordgrass Jetty Trail; and
126 WHEREAS, adopting these trail and park feature names is consistent with the East Bay Regional Park District Naming Policy and Guidelines; and
WHEREAS, the Board Executive Committee and the Park Advisory Committee have reviewed and recommend approval of the proposed Land Use Plan Amendment;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the amendment of the Point Pinole Land Use Plan in the manner described in the written Board material and attached Land Use Plan Amendment Checklist to incorporate the Breuner Marsh and O’Neill/Carr parcels within the park unit and to open it the public when it can be made safe for public use; 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 1st day of November 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
127 Attachment A
2016 Land Use Plan (LUP) Amendment Checklist—Point Pinole Regional Shoreline
Purpose: Provide formal planning review for the former Bruener Marsh and O’Neill/ Carr properties and naming for the associated facilities
A. California Environmental Quality Act (CEQA)
1. Checklist Criteria
An Environmental Impact Report (EIR) or Negative Declaration adopted by the Board at the time of acquisition. -or- A Categorical Exemption adopted by the Board for property where pre- acquisition land use would be continued and resources would not be adversely affected.
Status: A Final EIR for the Breuner Marsh Restoration and Public Access Project was adopted by the Board on July 3, 2012 (Resolution No: 2012-7- 165; State Clearinghouse No: 2011072011). The acquisition of the O’Neill/Carr property is exempt from California Environmental Quality Act (CEQA) requirements under both Sections 15316 and 15325 of the CEQA Guidelines, the transfer of ownership of the land to preserve open space.
B. Land Use Plan (LUP)
The parkland that the properties are associated with must have an adopted LUP or Interim LUP and CEQA document.
Status: A Point Pinole LUP and Environmental Impact Report were adopted by the Board of Directors (Resolution No. 1976-6-148) on June 1, 1976. The LUP opened 1,164 acres of regional parkland. This 2016 Checklist Amendment provides a formal planning review of the former Breuner Marsh and O’Neill/Carr properties that were acquired after the adoption of the LUP.
C. Development Development on the properties will be limited to the actions covered in the CEQA document adopted at the time of acquisition.
Status: The development on the former Breuner Marsh property was covered in the Final EIR, and no immediate development is proposed on the O’Neill/Carr properties.
128 D. Land Use Land uses would be limited to pre-acquisition use and passive public trail use with no new access. Parkland must be accessible from existing trails.
Status: The former Breuner Marsh property is contiguous with existing park boundaries, and the O’Neill/Carr properties are contiguous with the former Breuner Marsh property. Trail use will be limited to pre- acquisition and passive public trail use on the former Breuner Marsh property. The O’Neill/Carr property will include no public access.
E. Minimal Cost Property opening and ongoing operations and public safety costs must be minimal and able to be accommodated within existing budgets. This determination is to be made by the Unit Manager, the Chief of Maintenance and Skilled Trades, and the appropriate Public Safety personnel.
129 Figure 1—Project Location
Dotson Marsh Family Features Naming Recommendations Project Area
130 Figure 2—Project Plan Area
Dotson Family Dotson Family Marsh Marsh Staging Area Rheem Creek Bridge Cordgrass Jetty Trail
China Clipper Spur Trail
San Francisco Bay Trail Giant Marsh
131 Park Facility Naming
The Dotson Family Marsh Land Use Checklist Amendment to the Point Pinole Regional Shoreline Land Use Plan (Checklist Amendment) proposes naming the previously unnamed facilities located on the properties that are contiguous to the Point Pinole Regional Shoreline.
The purpose of this request is to provide names for the wetland, two trails, bridge, staging area, and spur trail within Point Pinole Regional Shoreline to improve visitors’ park experiences by providing clearer wayfinding information for a portion of the shoreline’s facilities and to directly relate the facilities’ names to the shoreline’s experiences. Refer to Figure 1 for the location of the park, Figure 2 for the location of these proposed facility name changes.
A. Dotson Family Marsh
The largest feature at the site is the approximately 60-acres of restored wetlands that will result in a self-sustaining wetland complex that will filter polluted run-off and support native plant and animal species. It is recommended that this marsh be named Dotson Family Marsh consistent with the City of Richmond Resolution No. 110-12, approved by Richmond City Council on September 11, 2012, to honor the environmental advocacy work of Reverend Richard Daniel Dotson. The restoration of this marsh is the culmination of a long-time community effort to protect the marsh from development, including an airport, three housing projects, and a business park. This effort was led by the Dotson family patriarch, the late Reverend Richard Daniel Dotson. The Reverend was one of the early settlers in Parchester in the 1950s. The Reverend became a community leader, organizing a contingent from Parchester Village, and later bringing in the Sierra Club as an ally, to preserve the marsh and helping to secure the adjacent Point Pinole as one of the East Bay Regional Park District shoreline parks.
B. San Francisco Bay Trail
The project also includes adding a 1.5-mile extension of the San Francisco Bay Trail along the Richmond shoreline. This section of the Bay Trail will accommodate bicycle and pedestrian use and will extend from the parking area located in the south of the site, across a new pedestrian and service bridge over Rheem Creek. From Rheem Creek, the Bay Trail will be routed inland to the eastern property boundary. The Bay Trail will then parallel the railroad tracks and continue north to connect with an existing section of the Bay Trail, within Point Pinole Regional Shoreline. The Bay Trail will be paved and span constructed seasonal wetlands and existing wetland areas of Dotson Family Marsh on elevated boardwalks. Three hundred thirty-five miles of this trail have been completed, with 32 miles in Richmond—the most in any city. It is recommended that this section of trail be named San Francisco Bay Trail to provide consistency with the regional San Francisco Bay Trail project.
C. Rheem Creek Bridge
This name was selected because the bridge crosses over Rheem Creek.
132 Old bridge New bridge under construction
D. Dotson Family Marsh Staging Area
The 24-space parking area includes vault toilets and an information kiosk at the northern terminus of Goodrick Avenue. This name was selected because it provides identity with the destination feature at this site.
E. China Clipper Spur Trail
A paved pedestrian-only spur trail that will diverge from the Bay Trail to a vista overlook and interpretive point on an elevated boardwalk that is located atop the tallest existing mound of fill, offering magnificent views of the San Francisco Bay, headlands and Mount Tamaplais.
In 1935, Pan American Airline’s famous China Clipper made the first transpacific airmail flight to Honolulu and Manila, and the Philippines. This 26-ton Martin M-130 “flying boat” was by far the largest aircraft in the world at the time. The first passengers were carried to Manila in 1936 with service later extended to Hong Kong.
The spit at the former Breuner Marsh property was the secondary landing site (after Treasure Island), and the area offshore was used for training landings and takeoffs. As described by Pam Am Flight Engineer Thomas Kewin, "there was lots of room and little ship traffic. When the fog rolled in through the Golden Gate the visibility was usually a little better in the North Bay.” Also, landing in the lee of Point Pinole on San Pablo Bay would have been ideal during the occasional times when the wind was coming from the Northeast. (Source: http://www.flyingclippers.com/M130.html)
F. Cordgrass Jetty Trail
A gated, unimproved pedestrian-only trail section extends out to the shoreline spit following an existing foot path. This name was selected because this trail segment is located in Cordgrass habitat, the primary habitat at lower elevations at the site. The trail will be open until such time as changing shoreline conditions and/or sea level rise renders it unsafe for access.
133 Complementing the parking and trails will be:
• A small picnic area located at the junction of the Bay Trail and spur trail. • Interpretative points with signs located at intervals along the Bay Trail and spur trail. • Benches along the Bay Trail. • Habitat access control fencing.
Consistency with East Bay Park District Naming Policy and Guidelines [Resolution No. 2004-04-73 (Adopted On 4/20/04)]
Adopting these trail names is consistent with the East Bay Park District Naming Policy and Guidelines (Refer to Exhibit A for a copy of the policy).
The proposal for these names and the background information was provided by Julie Bondurant, Principal Planner, and reviewed by Kevin Takei, Shoreline Unit Manager, Britt Thorsnes, Point Pinole Park Supervisor, and Chris Barton, Environmental Programs Manager. The China Clipper Trail was provided by the Park Advisory Committee. Sandra Hamlat, Senior Planner, has reviewed the proposed names for consistency with the naming policy. These names are consistent with the policy criteria as: 1) all of the names relate to natural or historic features; and 2) all of the names have been checked against the District list of names and none has been previously used at another park, with the exception of the San Francisco Bay Trail, which refers to the 500-mile regional shoreline walking and bicycling path that will one day encircle the bay.
Revenue/Cost
Installation of sign posts and signs will cost up to $5,000, which will be funded through capital project account 148000. Updates to the park brochure will cost up to $36,000 for 30,000 brochures.
Actions to Result from this Naming Recommendation
Upon Board adoption of this naming recommendation, the following actions will result from this park facility naming:
• Planning and GIS Staff will add these names to the District list of names to avoid future name redundancy. • GIS Staff will update the park database to reflect these changes. • The Environmental Program Manager will oversee the fabrication and installation of the sign posts and signs with the assigned name, as appropriate to the site feature. Public Affairs will include this update in the next printing of the Point Pinole Regional Shoreline brochure.
134 Page Left Blank Intentionally
135 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
d. Authorization to Award a Contract to Parsons Brinkerhoff, Inc. for Construction Management Services for the Pinole Shores to Bayfront Park Project: San Francisco Bay Trail (Dougan/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the award of a contract to Parsons Brinkerhoff, Inc. for construction management services, which includes assistance with the procurement process, for the Pinole Shores to Bayfront Park segment of the San Francisco Bay Trail in Pinole, CA.
REVENUE/COST
Parsons Brinkerhoff will perform these services for a cost not to exceed $889,968. There are funds available for this contract in Project #147100-Design and Permit Pinole Shores San Pablo Bay.
SOURCE OF FUNDS Design and Permit Pinole Shore San Pablo Bay (Project $ 3,786,901 #147100) Encumbrances and Expenditures to Date (1,519,219) TOTAL FUNDS AVAILABLE $ 2,267,682 USE OF FUNDS Construction Management Contract for Services 889,968 BALANCE REMAINING $ 1,377,714
The total project cost to build this trail segment is estimated to be $11.1 million. The District has secured $10.3 million in grant funds to date.
BACKGROUND
The construction management services include: reviewing front end specifications, special provisions and bid documents concurrent with CA State and Federal standards, pre-award and award of a construction contract, construction management including submittal processing,
136 material testing, source inspection and administrative services necessary for project completion, and close out and acceptance by the District.
This project will close a critical gap in the San Francisco Bay Trail (SFBT) between Pinole Shores and Bayfront Park in the City of Pinole. This proposed ½ mile segment along the San Pablo Bay shoreline will connect with the existing terminus of the Pinole Shores segment of the SFBT and travel along hillside bluffs until it sweeps north to cross over Union Pacific Railroad (UPRR) tracks; requiring the design of a bridge structure approximately 1,100 feet in length. This bridge structure will land in Bayfront Park and will be maintained and operated by the District.
Preliminary design and environmental review was completed in 2012. An Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) was certified January 13, 2012, and adopted by the Board of Directors in January, 2012 by Resolution 2012- 01-014 and a Categorical Exclusion (CE) in accordance with the National Environmental Policy Act (NEPA) was re-validated by Caltrans on March 8, 2016. The project design is nearly 100% complete. Construction is estimated to begin in March 2017, and estimated to be completed in March 2018.
The District released a Request for Proposals (RFP) on September 1, 2016, to qualified Construction Management firms. Five proposals were submitted and three firms were chosen to proceed to the interview process. Interviews were held on October 10, 2016, and administered by a panel of three District representatives. The panel unanimously chose Parsons Brinkerhoff as the most qualified firm for the project based on the criteria below. A project of this nature typically requires between 10 – 12% of construction cost to administer. The cost proposal from Parson Brinkerhoff is 11.8% of the construction cost.
ALTERNATIVES
No alternatives are recommended.
137 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 11 –
November 1, 2016
AUTHORIZATION TO AWARD A CONTRACT TO PARSONS BRINKERHOFF, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE PINOLE SHORES TO BAYFRONT PARK PROJECT: SAN FRANCISCO BAY TRAIL
WHEREAS, this project will close a critical gap in the San Francisco Bay Trail (SFBT) between Pinole Shores and Bayfront Park in the City of Pinole; and
WHEREAS, project design is nearly 100% complete and construction is estimated to begin in March 2017, and estimated to be completed in March 2018; and
WHEREAS, the District requires construction management support services including: reviewing front end specifications, special provisions and bid documents concurrent with CA State and Federal standards, pre-award and award of a construction contract, construction management including submittal processing, material testing, source inspection and administrative services necessary for project completion, and close out and acceptance by the District; and
WHEREAS, on September 1, 2016, the District advertised a Request for Proposals (RFP) seeking qualified construction management firms for this project, to which five consulting firms responded; and
WHEREAS, on October 10, 2016, three firms were interviewed and, after reviewing the proposals and conducting interviews, Parsons Brinkerhoff, Inc. was the top firm chosen for contract award; and
WHEREAS, there is sufficient funding for this contract in Project #147100 - Design and Permit Pinole Shores San Pablo Bay;
NOW, THEREFORE, BE IT RESOLVED, that Board of Directors hereby authorizes an award of contract to Parsons Brinkerhoff, Inc. in the amount of $889,968 for construction management services for the Pinole Shores and Bayfront Park project to be charged to project #147100; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
138 Moved by Director , seconded by Director , and adopted this 1st day of November, 2016 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
139 Legend East Bay San Francisco Bay Trail Regional Park District Pinole Shores to Bayfront Park Existing SF Bay Trail Environmental Review & GIS Applications Proposed SF Bay Trail t:\bstone\mxd projects\trails\ sfbaytrail\sfbt_PinoleShores 070 140 280 Feet June 25, 2011
E V S a n P a b l o A D A Bay Shoreline O R L I A R Bayfront Park
T E N N E N T T C A Proposed A V R E D Segment A To Pinole U C Shores
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A ELM ST V 140 E BOARD AND STAFF REPORTS
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
3. BOARD AND STAFF REPORTS
a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle)
City of Albany – Albany Bulb Memorandum of Understanding
On October 17, 2016, the Albany City Council approved a Memorandum of Understanding (MOU) with the Park District outlining the management responsibilities and improvements on Albany Bulb. The council approved the MOU 4-1 with Councilman Michael Barnes dissenting. The Albany waterfront and surrounding areas are owned by three different entities: the City of Albany, the State California, and the Park District. The approximately 88-acre waterfront area is subject to management agreements between the three entities and the future city planning efforts take into consideration the Park District’s McLaughlin Eastshore State Park General Plan. In 2016, the Albany City Council approved the Albany Neck & Bulb Transition Study. The adoption of MOU is the next step in the transfer of maintenance and operations of the Albany Neck and Bulb to the Park District. Under the MOU terms the City bears the majority of responsibility in the preparation of the Albany Bulb and Neck, including serving as the lead agency in any CEQA related documents, community outreach, construction of recreation and habitat enhancement, first responder responsibilities, and enforcement of the City’s “No Camping” Ordinance.
California Department of Parks and Recreation – Tesla/Carnegie State Vehicular Recreation
On Friday, October 21, 2016, the Off Highway Motor Vehicle Recreation (OHMVR) Commission of the California Department of Parks and Recreation unanimously approved the Carnegie State Vehicular Recreation Area (SVRA) General Plan and adopted a Final Environmental Impact Report for the project, which includes expansion of off-highway vehicle (OHV) use into an adjacent 3,400 acre area known as the Alameda-Tesla Expansion Area. The OHMVR Commission is an appointed body that oversees the work of the OHV Division of the California Department of Parks and Recreation. The Carnegie SVRA comprises 1,300 acres accessible to OHV use located in San Joaquin County just past the border of Alameda County. The Alameda-Tesla Expansion Area includes an additional 3,400 acres located in Alameda County adjacent to the existing SVRA off of Corral Hollow Road east of Livermore. The property was acquired by the State in 1998 with the intent to expand the SVRA. The Carnegie
142 SVRA General Plan provides a programmatic approach to expansion of OHV use into the property that identifies various zones based upon intensity of use, and defers delineation of specific trail networks and other improvements to a future planning effort. The District and numerous other stakeholders and local agencies including, but not limited to, Alameda County, the Altamont Landfill Open Space Committee, the City of Livermore, and the Alameda County Resource Conservation District expressed concerns regarding potential impacts of expansion of OHV use into the Alameda-Tesla Expansion Area on known special status species and cultural resources sites on the property.
143 Event Calendar November – December 2016 Board Meeting Date: November 1, 2016
Date Day Time Event Location Sponsoring Organization Old-Timey 11/5/16 Saturday 11 a.m. – 4 p.m. Hootennany Sunol EBRPD Hazel-Atlas Mine Black Diamond 11/20/16 Sunday 12 p.m. – 4:30 p.m. Open House Mines EBRPD Friday Nov. 25 & 26 & Saturday 11 a.m. &1:30 p.m. Return of the Monarchs Ardenwood EBRPD Patterson House 12/9/16 Friday 5:30 – 8:30 p.m. Holiday Open House Ardenwood City of Fremont
Dec. 10, 11, Saturdays 12, 1, 2 & 3 p.m. Christmas at the Patterson House 17, 18 & Sundays * to be confirmed Patterson House Tours Ardenwood City of Fremont Nov. 25 – 4:00 – 8:30 p.m. Christmas at the Merry-Go-Round Dec. 23 Daily Noon – 8:30 Sat./Sun. Carousel Tilden Regional Park Concession
144 GM COMMENTS
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
4. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION Recreation Areas Unit Manager Dania Stoneham will present an update on drought conditions affecting operations District-wide, the status of the District’s water efficiency plan, and measures currently in effect.
GM COMMENTS During the months of September and October, senior management and staff represented the Park District at several conferences including: National Recreation and Park Association Annual Conference, presenting on Parks: At the Forefront of Climate Change and Park Prescriptions: Nature is the Medicine; Institute at Golden Gate Health Outdoors! Forum, presenting on Park Prescriptions; California Special Districts Association Annual Conference, presenting on Stretching Community Dollars to Build for the Future; and International Union for Conservation of Nature and Natural Resources, World Conservation Congress, presenting on Healthy Parks/Healthy People.
PUBLIC SAFETY From September 9 to September 11, members of the Special Response Unit participated in Urban Shield, a 48-hour continuous training exercise throughout various locations in the Bay Area. Staff hosted a training site at Fairmont Ridge which incorporated dignitary protection and hostage rescue scenarios. This grant funded exercise included members of the police, fire, and lifeguard service departments working in various training roles and practicing regional preparedness.
From September 10 to October 11, 2016 the Public Safety Division handled 900 service calls and 447 total incidents. Highlights are included below.
Police There were 41 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 360 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 257 field interviews (contacts without citations or arrests) and contacted 16 people on probation or parole to conduct compliance checks.
145 • Alameda Creek Trail: On September 25, an officer took a report of a stolen bicycle from the staging area. On October 2, officers assisted in the search of an overdue hiker. The missing hiker was located safely.
• Anthony Chabot: On September 20, an arrest was made for possession of a concealed loaded firearm.
• Antioch Shoreline: On September 19, an arrest was made for public intoxication.
• Coyote Hills: On October 2, officers assisted in locating lost hikers.
• Crown Beach: On September 19, an arrest was made for ID theft, possession of stolen property and burglary tools.
• Del Valle: On September 10, a person collapsed on a trail and despite lifesaving efforts by the officer and medical personnel, was pronounced dead on scene.
On September 17, lifeguards and an officer responded to an unconscious person pulled from the water. The victim later became alert and required no further medical assistance.
• Don Castro: On September 14, a suicidal subject was pulled from the lake and taken to a hospital for evaluation.
On October 2, an arrest was made for possession of a controlled substance.
• Iron Horse Trail in Concord: On September 10, an arrest was made for violation of sex offender registrant requirements.
• Iron Horse Trail in San Ramon: On September 16, an unresponsive person was reported on a park bench. Despite lifesaving efforts the victim was pronounced dead on scene.
• Las Trampas: On September 10, Eagle 6 helicopter staff assisted lost hikers and returned them to their vehicle.
• Martin Luther King Jr. Shoreline: On September 12, an arrest was made for possession of methamphetamine and drug paraphernalia. In a separate incident, an arrest was made for violation of sex offender registrant requirements.
On September 27, a stolen vehicle was located and returned to the owner.
• Martinez Shoreline: On September 18, a person was arrested for public intoxication.
• McLaughlin Eastshore State Park: On September 16, an officer cited a subject for possession of a controlled substance.
146 • Mission Peak: On September 17, an adult subject was transported to the hospital for dehydration.
• San Pablo Bay: On September 10, an arrest was made for possession of methamphetamine.
• Shadow Cliffs: On September 12, detectives responded to the report of a sexual assault. The investigation is ongoing.
• Tilden: On September 21, an arrest was made for public intoxication and criminal threats.
On September 25, two persons were arrested for battery on a peace officer, resisting arrest, and were also cited for public nudity.
• Waterbird: On September 13, officers cited a subject for possession of a controlled substance.
Fire Operations • Dublin Hills: On September 18, District resources, Cal Fire, and Alameda County Fire responded to a vegetation fire near Dublin Hills Park. The fire was contained to four acres.
• Big Break: On September 25, District resources and East Contra Costa Fire responded to a vegetation fire at Big Break Regional Park. The fire was contained to one acre.
Training • Carnegie State Vehicular Recreation Area: On September 26, first-year firefighters participated in Off-Road Driving training. Instruction included driver safety, uphill and downhill descent techniques, left foot braking, and maneuvering around large obstacles.
• Las Trampas: On September 25, firefighters participated in Low-Angle Rope Rescue training. Cal Fire helicopter #106 and CHP helicopter crews provided instruction in assisting with air rescue operations from the ground.
Fire Weather Staffing • Fire staff stayed on duty until 9:00 p.m. on four occasions during the month of September in order to provide coverage for very high or extreme fire weather conditions within the District.
Fire Special Services • Contra Costa County Fire: On October 1, firefighters provided fire safety information at the opening of the new Contra Costa Fire Station 11 (eleven) in Clayton.
147 • Coyote Hills: On October 2, firefighters provided fire and medical standby services at the Ohlone Peoples Gathering.
• El Cerrito Public Safety Fair: On September 17, firefighters provided fire safety information.
• Garin: On September 10, firefighters provided medical standby services and fire safety information at the Garin Apple Festival.
• Moraga Orinda Open House: On September 17, firefighters provided fire safety information.
Medical • Firefighters responded to two medical emergencies, five personal injuries, and one aquatic incident throughout the District.
Fire Fuels Management • East Bay Hills: Contractors continued the annual eucalyptus regeneration control project in Sibley, Tilden, Redwood, and Anthony Chabot parks.
• Lake Chabot: During the month of September, staff utilized goat-grazing services as a fire management tool.
• Tilden: Contractors completed the Nimitz Way Fuels Reduction project in Recommended Treatment Area (RTA) TI001, utilizing Western Wildland-Urban Interface grant funds.
Lifeguard Service • On September 18, guarded beach operations concluded for the season. There were no drownings in guarded swim areas for the seventh consecutive season.
• On September 24, staff guarded the Keller Open Water Swim event at Miller/Knox Regional Shoreline. Over 265 swimmers participated in the event.
• On September 24 – 25, staff assisted 58 Boy Scouts with completing their swimming merit badges at Roberts Pool.
• On October 1 – 2, staff facilitated a water safety booth at the Antioch Marina Rivertown Jamboree. Approximately 100 families were in attendance.
• On October 8, staff facilitated a water safety booth for the Relay for Life event at MLK Middle School in Hayward. Approximately 60 families were in attendance.
148 BOARD COMMITTEE REPORTS
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
a. Board Executive Committee (10/14/2016) (Siden)
Present
Board: Doug Siden (Chair), Whitney Dotson, Beverly Lane
Staff: Robert Doyle, Becky Pheng, Jeff Rasmussen, Ruby Tumber, Jim O’Connor, Bob Nisbet, Debra Auker, Jeff Lebow, Kelly Barrington, Matt Graul
Public: Eri Suzuki (Local 2428), Sarah Puckett, Steven Goetz, Margot Yapp
The meeting was called to order at 12:35 p.m.
1. Asset Management Systems: Major Infrastructure Asset Inventory and Pavement Management Program
Jeff Rasmussen, Assistant Finance Officer, introduced this agenda item. The District utilizes two asset management software systems—VFA and Streetsaver. The VFA software system is a major infrastructure inventory and analysis system that is used to determine the condition of District assets such as buildings, bridges, docks, piers, and utilities. The Streetsaver payment management software system assesses the conditions of the District’s pavement and road networks.
Margot Yapp, Vice President of NCE, Inc., made a presentation on the pavement management program. Ms. Yapp talked about the various types of payment distresses—alligator cracking, block cracking, distortions, patches, rutting, and cracking. The pavement condition is measured by a pavement condition index (PCI), with 100 being “good-excellent” and 0 as “failed”. Currently, 65% of the District’s pavement is considered in “good” condition and 14% in “poor/very poor” condition. Ms. Yapp presented a table which shows the PCI by park. Don Castro has the lowest PCI, 23. There was discussion about repair costs and funding scenarios. The District currently sets aside $1 million per year for the pavement program. This amount is not adequate if the District wishes to maintain a PCI of 70 or above. To maintain a PCI of 80 will require an average funding of $3.8 million per year.
149 Ruby Tumber, Administrative Analyst, gave a presentation on the VFA software system. To date, staff and the District’s consultants have assessed assets at 12 parks. The District’s assets are measured by a facility condition index (FCI), with 100 being “good-excellent” and 0 considered “failed”. Staff talked about the FCI at the 12 parks. Cull Canyon had the lowest FCI, 28, and Garin/Dry Creek Pioneer had the highest, 88. Mr. Rasmussen talked about funding strategies and the cost of refurbishing an asset versus total replacement. Staff recommends that the District create a major infrastructure policy with a recommended budget allocation of $5 million to $9 million per year toward an infrastructure/asset replacement program.
Robert Doyle, General Manager, commented that the District has a lot of old infrastructure and utilities that will eventually need to be upgraded or replaced. Director Beverly Lane inquired about the current spending level for infrastructure/asset replacement. Mr. Doyle responded that staff will provide this information for a 10-year period. Staff will bring this matter back to the Committee at a future date.
Recommendation: None. This was a discussion item.
2. Measure WW Urban Creeks Grant Program
Jeff Rasmussen, Assistant Finance Officer, presented this agenda item. Measure WW project list identifies $8 million to work with cities and community organizations to restore urban creeks and acquire creek easements. The project description envisions funds to eligible government agencies similar to the Measure WW Local Grant Program. Funding is only available to government agencies. Non-profit organizations are encouraged to partner with government agencies and may provide services under contract with an eligible agency.
Mr. Rasmussen gave an overview of the Urban Creeks Grant Program, including the scoring criteria. Each application will be scored according to 10 criteria. Staff anticipates that the draft guidelines will be released for public review and comment in late 2016. After close of the comment period, staff will bring back the final guidelines to the full Board in early 2017 for final approval. Assuming the guidelines are approved, grant applications will be due in late 2017.
The Committee discussed the criteria and sought clarification on how points are allocated. Staff responded that the criteria were developed as a result of staff consultation and prior experiences. At this time, staff is requesting that the Board Executive Committee provide comments and approve an allocation of $1.6 million for the first round of the Urban Creeks Grant Program. The Committee noted the importance of creek restoration and encouraged non-profits to partner with government agencies on projects.
Public Comments:
Sara Puckett from the organization American Rivers commented that she is looking forward to reviewing the draft guidelines and will be partnering with a government agency to apply for the grant.
150 Steven Goetz from the City of Lafayette commented that he is enthused about this new grant program.
Recommendation: By motion of Director Beverly Lane and seconded by Director Whitney Dotson, the Board Executive Committee voted 3-0 to forward the draft guidelines for the Urban Creeks Grant Program to the full Board of Directors and to recommend an allocation of $1.6 million for the Urban Creeks Grant Program for the first round of grant applications.
3. Open Forum for Public Comments
None.
4. Board Comments
None.
There being no further business, Committee Chair Doug Siden declared the meeting adjourned at 2:15 p.m.
Respectfully submitted,
Becky K. Pheng
151 Page Left Blank Intentionally
152 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, November 1, 2016
C. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
b. Operations (Thursday, August 18, 2016) (Sutter) Present
Board: Directors John Sutter (Chair), Doug Siden, Ayn Wieskamp
Staff: Jim O’Connor, Mimi Waluch, Mark Ragatz, Kelly Barrington, Denise Valentine, Renee Patterson, Noah Dort, Morgan Dill, Alicia Gonzales, Janet Gomes, Justin Neville, Elaine Deshaies, Anne Kassebaum
Guests: Judi Banks, Rick Rickard, Mark Hawks, Stella Davis, Aaliyah, Deborah Zierten, Judi Martin
Agenda Item 1: Review of Approved Caterers List: District’s Reservable Facilities
Business Services Manager Mimi Waluch presented staff recommendations for approval for the next term of the contract of fourteen existing and three new caterers. Waluch provided a brief overview on the evaluation process of the caterers for the District Reservable Facilities.
The following caterers were in attendance and provided food samples to the Committee and meeting attendees. Café Soleil, Blue Heron and Jasmine Catering.
Director Wieskamp inquired if there have been any issues with the existing caterers. Waluch replied no.
Director Siden questioned how the existing caterers are evaluated. Waluch responded that surveys are conducted after every event, staff interviews are conducted at the facilities, and revenue of the caterers is checked. Siden inquired if the caterers have access to the submitted evaluations. Acting Facilities Supervisor Elaine Deshaies stated there is an annual meeting held in the spring that the caterers attend to review the evaluations. A meeting has not occurred this year while the Facilities Supervisor role is in transition.
Director Sutter inquired if complaints are received on the food prepared by the caterers. Deshaies stated the types of complaints that are received are usually regarding taste of food and that information is passed on to the caterers.
Siden inquired on the type or category of caterer to be added. Waluch replied that staff is looking for caterers who are local, who can serve mid-week business functions, and have a diverse menu selection.
153 Sutter inquired on catering at the golf courses. Waluch stated both Tilden Golf Course and Redwood Canyon Golf Course have their own catering services.
Sutter questioned to what extent is the Brazilian Room self-supported. Waluch stated staff is currently in the process of evaluating all the concessions as to reference of repairs, staff time, and revenue received at all concessions. The report is not yet complete.
Sutter called a break to partake of the food samples prepared by the caterers.
Wieskamp moved to approve and recommend to the full Board a one-year concession agreement, with four additional one-year option periods, to provide catering services on a non-exclusive basis to parties that rent the District’s Reservable Facilities. There is no cost to the District for this action. The District can expect revenue of up to $92,000 annually, representing concession fees, maintenance fund fees, and promotional fees based on total gross monthly food and beverage sales derived from catering services at the District’s Reservable Facilities. Please see the following breakdown of percentage of fees per category. Siden seconded. The motion passed unanimously.
Agenda Item 2: Update Save the Redwoods League Collaboration: Interpretive & Recreation Northwest Region
Northwest Regional Services Manager Dave Zuckermann provided a brief overview to the Committee on the Save the Redwoods League Collaboration.
Crab Cove Naturalist Morgan Dill and Save the Redwoods Education and Interpretive Manager Deborah Zierten provided a PowerPoint presentation which highlighted the outreach program partnership, primarily serving schools in the Tidewater Service Area. The program takes place in Roberts and Redwood Regional Parks, as well as the Crab Cove Visitor Center. The following programs were provided as part of the collaboration: Exploring Your Watershed: From the Redwoods to the Bay for 100 fourth grade students, Phenology in the Redwoods for 196 sixth and seventh grade students; and Redwoods and Climate Change for 1,500 ninth grade students.
Sutter inquired on the relationship with Oakland schools and if Oakland schools provide field trips for the students in environmental education. Zierten responded that it is determined site by site, with funding being a factor.
Siden questioned how the program was initiated. Zierten replied that a few years ago she saw Supervising Naturalist Sharol Nelson-Embry at an event and stated they should partner together. They both started by reviewing high school field trip curriculums, which led to reaching out to high school, junior high and elementary school students.
Wieskamp questioned if the Tidewater Outreach Area is just in Oakland. Zierten replied it is a mile and a half radius from the Tidewater Boating Center and is primarily east Oakland.
Sutter indicated there are certain state and local standards for outdoor education and science objectives that are supposed to be achieved and asked how do the programs fit into these standards? Zierten stated the program curriculum is tailored and created to ensure students achieve some of those standards. Sutter inquired about kids who have enough training teaching other
154 kids. Zierten commented that is not presently included in our program. Part of the aspect of the elementary program is that we have a watershed backed program, where during the activity students are teaching watershed facts to each other.
Agenda Item 3: Review Skyline Ranch Equestrian Concession Request For Proposal (RFP): Anthony Chabot Regional Park
Agenda Item 4: Review Piedmont Stable and Redwood Arena Concession Request for Proposal (RFP): Redwood Regional Park
Administrative Analyst Renee Patterson provided a review and PowerPoint presentation of the recent equestrian concession RFP releases for Skyline Ranch, Piedmont Stable and Redwood Arena. Topics covered for items 3 and 4 included the concession location and brief background, the RFP process, staff recommendation, revenue review and projection, facility and future improvements; and basis of the award.
Sutter inquired on the substantial projected revenue increase from 2015-2017. Judi Martin commented that the 2017 figures reflect increases in boarding fees, additional programs, and staff. Sutter questioned if the increases have been approved by the Committee. Martin replied not as of yet and explained that the requested increase of $20 is for boarding only and not lessons or public programs. She added that they anticipate increasing the number of participants by creating more programs.
Siden inquired on the creation of a non-profit organization. Martin mentioned it is something new and something she has been wanting to do for a while. If an umbrella was installed over the outside area, then we believe there would be a boost in revenue and added value to the property. This would allow charging more for boarding.
Sutter questioned if there is an option at the end of the proposed 3-year concession agreement before granting the one additional 7-year period. Patterson replied yes. All concessions are written at the District’s discretion.
Wieskamp inquired on the cost of an umbrella to cover the arena. Martin replied it could cost $500,000 for a metal roof.
Siden moved to approve and recommend to the full Board the staff recommendation for a 3-year concession agreement with one additional 7-year period to manage and operate the Equestrian Center Concession for Anthony Chabot Regional Park. The District can expect revenue of up to $10,350 annually, representing 3% of total gross monthly receipts derived from a combination of horse boarding, lessons, and day camps. In addition, up to $24,150 annually, or 7% of total gross monthly receipts will be set aside in a site-specific Concession Maintenance Fund. There will be no cost to the District for this action except for any unknown maintenance. Wieskamp seconded. The item passed unanimously.
Wieskamp moved to approve and recommend to the full Board the staff recommendation for a 3-year concession agreement with one additional 7-year period to manage and operate the Equestrian Center Concession for Redwood Regional Park. The District can expect revenue of up to $6,390 annually, representing 3% of total gross monthly receipts derived from a combination of horse boarding, lessons and day camps. In addition, up to $14,910 annually, or 7% of total gross monthly receipts, will be set aside in a site-specific Concession Maintenance Fund. There will be no cost to the District for this
155 action except for any unknown maintenance or repairs to the property not covered by the concessionaire or the Concession Maintenance Fund. Siden seconded. The item passed unanimously.
Agenda Item 5: Open Forum for Public Comments
Kelly Abreu commented on the closure of Vargas Plateau stating while the closure is currently in place in order so work can be completed to provide safer roads for motorists, he urged the District and the City of Fremont to open the park for non-motorized vehicles, pedestrians and equestrians. Abreu also suggested that drinking water should be made available to park users at Vargas Plateau.
Agenda Item 6: AGM Comments
O’Connor provided the following updates: • Chief of Park Operations is retiring this year. The recruitment posting closed on Monday. • Blue-Green algae update. All swim areas opened. There is a significant toxic bloom at Big Break and signs have been posted. • Parking Permit Program. Staff is continuing to work in collaboration with the City of Fremont. The grace period for parking warnings is from October 1 to November 1, 2016. • Recreation Supervisor Colleen Massey is resigning from the District. Her last day is September 9, 2016. • Two new Trades Supervisors will start in mid-September. John Leandro at the Tilden Corporation Yard and Leticia Niles at the South County Corporation Yard. • California Park and Recreation Services (CPRS) published an article on the District’s Teen Eco Action program.
Agenda Item 7: Board Comments
Wieskamp thanked staff for inviting the caterers to the meeting today.
Siden commended Waluch for recognizing another audience that we can provide service for. Siden commented that he attended the Golden Gate Live Streamers 80th Anniversary dinner, and a member inquired about Waluch and stated she was nice to work with on contracts.
Sutter commented that what we are offering the schools is really outstanding and commended on cooperation with other agencies. Sutter mentioned he will miss Chief of Park Operations Mark Ragatz.
Director Sutter adjourned the meeting at 2:19 p.m.
Respectfully submitted: /s/ Denise Valentine Executive Secretary
156 NEWSCLIPS
No longer the Bay Bridge Trail to nowhere
By Jessica Floum Updated 8:41 pm, Sunday, October 23, 2016
For the first time since the new span of the Bay Bridge opened, bikers and pedestrians cycled and walked from Oakland to Yerba Buena Island on the Bay Bridge Trail, the bike path built along the bridge.
Caltrans opened up the final segment Sunday connecting the East Bay to the island, welcoming weekend adventurers to explore the island by foot and bike. The San Francisco Transportation Authorityoffered free shuttles to bring bikers and walkers safely from the end of the bridge down to Treasure Island, although most people opted to ride down Treasure Island Road despite the lack of a designated bike lane.
“This is fantastic!” Piedmont resident Helen Leah Conroy said again and again, smiling wide and taking in the view of the East Bay from the path’s end.
Photo: Gabrielle Lurie, The Chronicle A cyclist pedals along the Bay Bridge Trail, which was expanded as of Sunday to reach Yerba Buena Island instead of dead-ending partway.
She and her husband have ridden from Piedmont and up the Bay Bridge Trail every other week since the first part opened. They even brought a picnic of Italian sandwiches to enjoy on one of the path’s benches.
157 All but the final tenth of the 4½-mile-long trail opened in October 2013, days after the bridge’s new east span opened to vehicles. Before Sunday, however, path users would get turned around by a dead end shortly after the bridge’s signature tower.
“The gate was such a disappointment every time,” Conroy’s husband, Toby Cozart, said. Caltrans promised that the final stretch would open within a year, after the demolition of the old east span, but the construction of new on- and off-ramps for motorists caused delays. The new ramps opened Saturday, making way for the Sunday opening of the path, which will be open from 7 a.m. to 6 p.m., when the shuttle will also run.
Path use will be limited to weekends and holidays while the demolition of the old east span continues. Noxious fumes released by the smoldering of the old bridge make it unsafe for people to enjoy the path during work on the old bridge.
However, car fumes should not be a problem. The path is set 5 feet to the south of the bridge’s motor-vehicles lanes, so exhaust gets sucked under the bridge, said Dave Campbell, advocacy director for Bike East Bay, a coalition with more than 4,000 members that advocates for bike safety in urban and suburban areas. The 15½-foot-wide stretch has a bike path in each direction, with an outside lane for pedestrians.
The pathway was named for the coalition’s founder, the late Alexander Zuckermann. A former city planner for Oakland and an avid cyclist, Zuckermann started the coalition in 1972. His sons, Dave and Ron Zuckermann, high-fived as they ended their cycle at Yerba Buena Island.
“Today is a major celebration,” Ron Zuckermann said. “We’ve got to get the rest of the bridge to San Francisco.”
The Zuckermanns described their father as the voice of the bike community. His experience as a city planner meant he knew how to talk to city officials. He “pounded on (BART) until they agreed to have a bike program,” they said. He lobbied Caltrans for more bike access on the bridge.
158 They remember him spending much of their childhood in Berkeley on the phone. He’d ride to public meetings in a coat and tie on a folding bike. When he drove, he sported one of the thousands of bumper stickers he printed with a profile of the Bay Bridge and “Bikes Yes” written on it.
Dave and Ron Zuckermann agreed Sunday would be a huge day of celebration for their father, who died nine years ago at 86 after he incurred a head injury while riding with Caltrans officials on the Bay Bridge, which was closed for seismic work.
If he were there Sunday, Zuckermann would probably be in his element, grinning and “pounding on all the Caltrans guys on what we could do to keep going,” Dave Zuckermann said. Path users and transportation officials agreed the path extension is a step in the right direction, but said the path needs to connect to San Francisco to provide an alternative commuter option. Enabling Bay Area residents to bike to work would help relieve the notorious commuter congestion and help limit the emission of greenhouse gases, said Bijan Sartipi, Caltrans’ District Four director.
“We encourage people to use another mode of transportation, but you can’t ask them to use another mode if they don’t have access,” Sartipi said.
Sartipi said local transit agencies are working to close “gaps,” bridges and areas where bikers and pedestrians can’t access, so that they will eventually be able to bike around the bay.
There are plans to connect Yerba Buena to San Francisco and make the Richmond Bridge accessible to bikes.
“We’re making inroad progress on every area, but it’s going to take time,” Sartipi said. Campbell agreed that encouraging commuters to bike would positively impact the Bay Area by making them aware of alternative ways to get to work. Providing reliable public transit is equally important, he said.
“If we can give them the option of bicycling, walking and transit, we'll get more people to leave their car keys at home,” Campbell said. 159 East Bay Park It: Halloween fun to be found from Fremont to Oakley
Rod A. Lamkey Jr./staff archives Rebecca Zuniga, of Hayward, peeks into a Halloween character board at the Ardenwood Historical Farm in Fremont, where holiday activities are scheduled through next weekend. By Ned MacKay PUBLISHED: October 23, 2016 at 12:01 am | UPDATED: October 24, 2016 at 5:18 am
There are lots of treats and very little trickery in store during the Halloween programs at East Bay Regional Park District visitor centers.
At Ardenwood Historic Farm in Fremont, the Halloween Train will continue to roll, with trips planned at intervals between 7 and 9:30 p.m. Friday and Saturday; and until 9 p.m. Oct. 30.
The train takes a mildly spooky trip through Ardenwood’s fields and woods with surprises along the way. It’s designed for families with children ages 12 and younger. Tickets cost $7 for adults, $5 for children 3 through 12, and the ride is free for ages 2 and younger. For more information, visit www.spcrr.org.
Ardenwood will also host Halloween Hijinks from 11 a.m. to 3 p.m. Oct. 30 with pumpkins, spiders, games and crafts led by naturalist Mindy Castle. The agenda includes roasting pumpkin seeds at 11 a.m., apple cider pressing at noon, Halloween crafts at 1 p.m. and Halloween games at 2 p.m.
Ardenwood is located at 34600 Ardenwood Blvd., just north of Highway 84 in Fremont. For information, call 510-544-2797.
160 Also in Fremont: Not to be out-spooked, nearby Coyote Hills Regional Park also plans a couple of Halloween programs.
There’s a Halloween twilight hike from 5:30 to 8:30 p.m. Friday, led by naturalists Dino Labiste and Kristina Parkison. It’s a trek through the hills during sunset, in search of hobgoblins, witches and ghosts. Costumes are welcome, and the group will return for treats and a campfire story.
The twilight hike is for ages 5 and older. Registration is required, and there is a fee of $4 per person. For registration and information, call 888-327-2757. Select option 2 and refer to program 14486.
Dino also will lead a “Science Wizards of Halloween” program from 10 a.m. to noon and 1:30 to 3:30 p.m. Saturday. Dino will show how to perform science-based magic tricks with which to baffle your friends.
Science Wizards is free, designed for ages 9 and older. Meet at the Coyote Hills Visitor Center, at the end of Patterson Ranch Road off Paseo Padre Parkway in Fremont. For information, call 510-544-3220.
Alameda: Halloween animal fun is the theme of Family Nature Fun Hour from 2 to 3 p.m. Saturday and Oct. 30 at Crab Cove Visitor Center in Alameda.
Wear a costume for a special treat. Crab Cove is at 1252 McKay Ave. off Alameda’s Central Avenue. For information, call 510-544-3187.
Antioch: It wouldn’t be Halloween without the sound of animals howling in the hills. Naturalist Kevin Dixon will tell about the coyotes and foxes that create those choruses during a walk from 9 to 11 a.m. Saturday at Black Diamond Mines Regional Preserve in Antioch.
Meet Kevin at Black Diamond Mines’ uppermost parking lot at the end of Somersville Road, 3½ miles south of Highway 4. For information, call 888-327-2757, ext. 2750.
Oakland: For a pretty, naturalist-led walk with no Halloween overtones, meet at 10 a.m. Oct. 30 at the north entrance of Lake Temescal in Oakland for a 2-mile hike around the lake.
It’s one of the Saturday and Sunday Strolls series. Temescal’s north entrance is on Broadway alongside Highway 24 in Oakland. For information on the hike, call 510-544-3187.
Oakley: Spooky spiders will be the focus of a program from 2 to 3 p.m. Oct. 30 at Big Break Regional Shoreline in Oakley.
The park naturalists will lead arachnid-themed activities and help visitors to find some eight-leggers in the wild. Big Break is on Big Break Road off Main Street in Oakley. For information, call 888-327-2757, ext. 3050.
161 There are lots of treats and very little trickery in store during the Halloween programs at East Bay Regional Park District visitor centers.
At Ardenwood Historic Farm in Fremont, the Halloween Train will continue to roll, with trips planned at intervals between 7 and 9:30 p.m. Friday and Saturday; and until 9 p.m. Oct. 30.
The train takes a mildly spooky trip through Ardenwood’s fields and woods with surprises along the way. It’s designed for families with children ages 12 and younger. Tickets cost $7 for adults, $5 for children 3 through 12, and the ride is free for ages 2 and younger. For more information, visit www.spcrr.org.
Ardenwood will also host Halloween Hijinks from 11 a.m. to 3 p.m. Oct. 30 with pumpkins, spiders, games and crafts led by naturalist Mindy Castle. The agenda includes roasting pumpkin seeds at 11 a.m., apple cider pressing at noon, Halloween crafts at 1 p.m. and Halloween games at 2 p.m.
Ardenwood is located at 34600 Ardenwood Blvd., just north of Highway 84 in Fremont. For information, call 510-544-2797.
Also in Fremont: Not to be out-spooked, nearby Coyote Hills Regional Park also plans a couple of Halloween programs.
There’s a Halloween twilight hike from 5:30 to 8:30 p.m. Friday, led by naturalists Dino Labiste and Kristina Parkison. It’s a trek through the hills during sunset, in search of hobgoblins, witches and ghosts. Costumes are welcome, and the group will return for treats and a campfire story.
The twilight hike is for ages 5 and older. Registration is required, and there is a fee of $4 per person. For registration and information, call 888-327-2757. Select option 2 and refer to program 14486.
Dino also will lead a “Science Wizards of Halloween” program from 10 a.m. to noon and 1:30 to 3:30 p.m. Saturday. Dino will show how to perform science-based magic tricks with which to baffle your friends.
Science Wizards is free, designed for ages 9 and older. Meet at the Coyote Hills Visitor Center, at the end of Patterson Ranch Road off Paseo Padre Parkway in Fremont. For information, call 510-544-3220.
Alameda: Halloween animal fun is the theme of Family Nature Fun Hour from 2 to 3 p.m. Saturday and Oct. 30 at Crab Cove Visitor Center in Alameda.
Wear a costume for a special treat. Crab Cove is at 1252 McKay Ave. off Alameda’s Central Avenue. For information, call 510-544-3187.
Antioch: It wouldn’t be Halloween without the sound of animals howling in the hills. Naturalist Kevin Dixon will tell about the coyotes and foxes that create those choruses
162 during a walk from 9 to 11 a.m. Saturday at Black Diamond Mines Regional Preserve in Antioch.
Meet Kevin at Black Diamond Mines’ uppermost parking lot at the end of Somersville Road, 3½ miles south of Highway 4. For information, call 888-327-2757, ext. 2750.
Oakland: For a pretty, naturalist-led walk with no Halloween overtones, meet at 10 a.m. Oct. 30 at the north entrance of Lake Temescal in Oakland for a 2-mile hike around the lake.
It’s one of the Saturday and Sunday Strolls series. Temescal’s north entrance is on Broadway alongside Highway 24 in Oakland. For information on the hike, call 510-544- 3187.
Oakley: Spooky spiders will be the focus of a program from 2 to 3 p.m. Oct. 30 at Big Break Regional Shoreline in Oakley.
The park naturalists will lead arachnid-themed activities and help visitors to find some eight-leggers in the wild. Big Break is on Big Break Road off Main Street in Oakley. For information, call 888-327-2757, ext. 3050.
Ned MacKay writes a regular column about East Bay Regional Park District sites and activities. Email him at [email protected].
163 Commentary: Regional parks are for entire public
Vargas Plateau Regional Park, a few miles east of downtown Fremont, is closed due to a court order regarding East Bay Regional Park District improvements to the road leading to the park. (Photo by Julian J. Ramos.) By Robert E. Doyle PUBLISHED: October 21, 2016 at 12:00 pm | UPDATED: October 20, 2016 at 5:42 pm
The East Bay Regional Park District has been managing and protecting land for 82 years, preserving a rich heritage of natural and cultural resources and providing open space, parks, trails, safe and healthful recreation and environmental education in an extraordinary regional network of open space and parklands in Alameda and Contra Costa counties.
With 25 million user visits each year in our 65 parks and 1,250 miles of trails, we strive to be the best and the safest and we work hard to open new facilities and trails, and to balance our budget every year.
We also have an obligation to be good neighbors to those lucky enough to have well- managed, permanently protected lands near their property. But, as we are a regional system of public parks, they belong to everyone in the East Bay not just those who live next door. Every taxpayer in the East Bay has helped pay for them.
In the 1990s, developers tried to rezone the area on Vargas Plateau near Fremont for a development. This was thwarted by environmentalists and residents who did not want this scenic area developed. Hillside protection ordinances were passed in Fremont and Alameda County. The Park District worked with several willing sellers between 2003 and 2010 to purchase 1,200 acres of land for a future park. We had to find the money to
164 purchase the land, ultimately garnering $1.65 million in state and federal grants. In all, the project cost $8.6 million and it took 20 years.
There have been two lawsuits filed to stop this park from being opened. Recently, Alameda County Superior Court Judge Frank Roesch ordered the Park District to close the entire park. The Park District negotiated in good faith to settle the first lawsuit and reach an agreement on certain improvements on Vargas Road. We believed we had completed all required items in the settlement agreement before opening the park only to be sued again with a claim that we breached the agreement.
The court’s preliminary injunction closing the park seems to provide a remedy far more damaging to the general public than seems appropriate for any private injury. The Park District has appealed this order, and we are working with the city of Fremont, who did the road work, to resolve the matter. We also continue to seek a fair resolution of the litigation as long as the public interest is met.
Our system of regional parks is, and should continue to be, open and accessible to all East Bay residents. There have been calls to open the park to local pedestrians and cyclists while it remains closed to the public at large. Not only is this contrary to the court order, this is contrary to public policy, as we serve the entire public not just neighbors. The regional parks belong to all the people and our guiding policy is “access for all.”
We will continue to work hard to resolve this matter so the park can be reopened for all park users.
Robert E. Doyle is the general manager of the East Bay Regional Park District.
165 166
Livermore: Off-road park expansion approved by state
A plan to expand the Carnegie Off-Highway Motor Vehicle Park, shown above, was unanimously approved by a state commission Friday. (Archive photo)
By Denis Cuff | [email protected] PUBLISHED: October 21, 2016 at 6:34 pm | UPDATED: October 22, 2016 at 4:52 am
SACRAMENTO – The expansion of an off-road motor vehicle park east of Livermore was approved unanimously by a state commission Friday, pleasing dirt-bike users but upsetting neighbors and environmentalists.
Deciding a recreation dispute brewing for more than a decade, the state’s Off Highway Motor Vehicle Park Commission agreed to expand the 1,551-acre Carnegie off-road vehicle park into 3,100 acres the state bought in 1998.
The 7-0 vote approved a park general plan allowing the expansion, and a related environmental impact report.
A park neighbor said she expects she and other opponents will sue to overturn approval of the expansion into the Tesla area, which is named after a long-gone coal mining town there.
“This approval allows for the destruction of this sensitive natural, cultural and historical resource that should be protected as part of our permanent heritage instead of degraded for the temporary use of off-road vehicle users,” said Celeste Garamendi of Save Tesla Park.
Environmentalists said it’s wrong to build trails for motorized vehicles into an expansion area that has habitat for rare species, including the California red-legged frog, sacred
167 cultural sites for Native Americans, scenic hillsides, and remnants of a coal mining area. Expansion opponents want to turn the 3,100-acre area into a preserve.
Alameda County, the city of Livemore, the Sierra Club, and Save Mount Diablo opposed the project as well.
But off-road vehicle advocates welcomed the approval as an overdue expansion in recreation opportunities for the growing number of users of dirt-bikes, ATV’s and other motorized vehicles meant for trails.
“This is a balanced plan that protects the resources,” said Amy Granat, managing director of the California Off-Road Vehicle Association. “One third or 1,000 acres of the expansion area is going to be designated so it’s not available for use for vehicles.”
State park planners and their allies said the state has a balanced plan to protect the sensitive resources in the area while expanding recreation opportunities for the many off- road vehicle users who must drive long distances to parks. The Carnegie park is crowded on weekends with riders traveling long distances to ride the hills and stay in campgrounds there.
Gus Meyner, a long-time off-road dirt bike rider from San Jose, said larger buffer zones would protect wildlife habitat.
“You can protect the environment and have areas for riding,” said Meyner. “Riders want to protect the environment. We ride to enjoy the outdoors. We are not hooligans, as the opposition to this project has tried to portray us.”
Meyner and others said the expansion will improve opportunities to “get kids out from behind their computers to enjoy the outdoors” and steer dirt bike riders into riding in legal places instead of unauthorized ones.
State officials said they will conduct rigorous environmental reviews as they move ahead with more detailed planning of the trails.
Some state and federal environmental agencies, however, suggested the state off-road vehicle park planners should have provided more details of the trails first before seeking approval of the expansion from the state commission.
Judy Symcox of Pleasanton said the state needs more off-road vehicle park areas like Carnegie, where her son and grandson bonded together over many rides.
“It’s a form of clean family fun, and there’s not enough of that today,” Symcox said. “A little down time with mother earth and time for fathers and sons to spend time together.”
Dirt-bike riders said they have paid park fees and gas taxes for decades to provide funds for the Carnegie expansion.
168
Sutter, Siden Honored
Randy Lantz
Thursday, October 20, 2016
Outgoing East Bay Regional Park District directors John Sutter and Doug Siden recently won a slew of awards. Sutter, who was first elected to the board in 1996, was recognized by the California Association of Recreation and Park Districts, the Greenbelt Alliance and the American Academy of Parks and Recreation.
Siden, a director since 1992, was honored by the Martin Luther King Jr. Freedom Center, California Special Districts Association and Assemblyman Rob Bonta’s office. Sutter and Siden will both retire from the board in December.
169
25 years later: Oakland hills ripe for another firestorm
By Rachel Swan October 20, 2016 Updated: October 20, 2016 2:05pm
Photo: Frederic Larson, The Chronicle
In a view toward the bay from the Oakland hills, the devastation on Kent Road after the 1991 fire looks otherworldly.
Twenty-five years after a horrific firestorm killed 25 people and wiped out nearly 3,500 homes in the Oakland hills, the conditions are ripe once again for a similar — if not worse — disaster.
The 1991 inferno led to improved policies and equipment for fire and emergency crews, as well as fire-proof materials on homes and roofs. But the highly flammable trees that fueled the blaze have since regrown, and an ongoing legal battle has thwarted the city’s efforts to remove them.
“I go with what the Australians say about eucalyptus — they call them ‘gasoline on a stick,’” said Susan Piper, who is still haunted by a searing image from her escape on Oct. 20, 1991: A grove of eucalyptus trees aglow in flame exploded just
170 yards from where she sat in her family van, stuck in traffic with her 9-year-old daughter.
Though some residents still hold painful memories of the fire, a few of them stoutly oppose a tree-cutting effort that many fire experts say is the best way to prevent future disasters.
As a result, the hills are still dotted with thousands of towering eucalyptus, most of them older and more brittle than they were in 1991.
Conditions in the fire-hazard area, which runs mostly above Highway 13 and Interstate 580 from Highway 24 south to San Leandro, have gotten worse, said Robert Doyle, general manager of the East Bay Regional Park District, largely due to the drought but also because of the failure to remove brush and trees.
“We have a worse drought, more dead trees and drier hillsides,” Doyle said. “Emergency crews and fire departments are very concerned, and in the meantime we have this squabble that’s preventing progress.”
Although firefighting equipment has improved since 1991, the city hasn’t been able to cut down eucalyptus and Monterey pines from the ridgeline because of the steadfast opposition of some residents.
171
Photo: Michael Macor, The Chronicle
A fire warning sign along Hiller Dr. on Wednesday October 19, 2016, in Oakland, California, is seen twenty-five years after the Oakland hills fire.
FEMA settled the lawsuit in September when the federal agency and the state’s Office of Emergency Services agreed to withhold $3.5 million grants to UC Berkeley and Oakland, which would have funded tree removal. The agency still will set aside $2.6 million for EBRPD to cut brush and eucalyptus on 540 acres from Point Pinole to Chabot Regional Park.
Yet even that money could be threatened because of a second lawsuit. The Sierra Club also sued FEMA last year in U.S. District Court in San Francisco, claiming the agency’s fire prevention plan didn’t go far enough. The Sierra Club wants the eucalyptus along 1,500 acres of ridgeline removed to make way for a native forest.
The litigation over competing environmental philosophies has cost the city, university and park district hundreds of thousands of dollars, said Doyle of the parks agency.
172 Photo: Michael Macor, The Chronicle
Susan Piper, on Wednesday October 19, 2016, a fire survivor and chair of the Oakland Fire Safe Council, at the Firestorm Memorial Garden she and her husband created after the 1991 Oakland Hills fire in Oakland, California.
Some residents, particularly those who survived the 1991 blaze, are growing anxious.
Barry Pilger and Catherine Moss, real-estate brokers who lost their home on Buckingham Boulevard to the fire and have since rebuilt, are fed up with what they see as mulish resistance by a small group of activists.
“They’re a group of about half a dozen people, all self-appointed experts, who have come up with their own version of a flat Earth society,” Pilger said of the Hills Conservation Network.
Grassetti said his group’s six-member board includes five survivors of the 1991 fire and that members are just as concerned about fire as everyone else. He said federal money was being misspent “to advance a native-plant agenda.”
But La Force and other ecologists say kindling in the hills has increased over 25 years. There are at least as many eucalyptus trees in the hills as there were in 1991, said UC Berkeley Prof. Scott Stephens, who specializes in fire ecology. The trees propagate quickly: A burned or chopped stump can spawn several shoots at its base, and each of those can grow to be 40 feet tall and 10 inches thick within seven years, he said. 173 Photo: Michael Macor, The Chronicle
Homes along Charing Cross Road in Oakland, California., as seen on Wednesday October 19, 2016, twenty-five years after the Oakland hills fire.
Today’s trees are older, with long, ribbony bark that breaks off and forms dangerous embers during a wildfire, Stephens said. Drought, periodic freezes and beetle infestations have made the bark more feeble.
“We’ve got these trees suffering in the hills, and the Caldecott acting as a natural wind tunnel,” said Piper, who now chairs the Oakland Firesafe Council, a neighborhood group dedicated to wildfire prevention. “And every 20 years or so, something gets really bad on those hot, windy days.”
The East Bay Regional Park District is moving forward with its own plan to thin the eucalyptus in Tilden Park, Claremont Canyon and Chabot Regional Park — a sprawling, 3,000-acre swath of land — using funding from a $12 annual parcel tax in Alameda and Contra Costa counties.
Photo: Fred Larson, The Chronicle
174 Against a backdrop of flames and smoke, a man uses a garden hose to wet his roof as the deadly Oakland hills fire rages..
Without federal grant money for clearing vegetation, Oakland has focused on regulations. Since 1991, the city has tightened building codes for houses in the hills, requiring residents to use nonflammable roofing materials, cover eaves to keep embers from blowing in, and build the exteriors of new homes with fire- resistant material. Ten years ago the city also passed an ordinance to require sprinkler systems in any new construction in the fire hazard area.
The Oakland Fire Department has also acquired new fire engines equipped with all-wheel drive, and purchased better radios to communicate with outside agencies. Oakland has standardized its fire hydrants so engines from other areas can hook up their hoses.
Since the 1991 fire, the department also has conducted annual home inspections in the hills and provided brochures on vegetation management.
Photo: Michael Macor, The Chronicle
Oakland Deputy Fire Chief Mark Hoffman poses for a portrait at fire station 1 in downtown Oakland, California. on Wednesday October 19, 2016. Hoffman helped fight the 1991 Oakland Hills fire.
Getting people to comply has been tough because most residents weren’t there in 1991, said Deputy Fire Chief Mark Hoffmann.
Pilger and Moss led a successful 2003 campaign for a 10-year tax, which generated about $1.6 million annually that pays for city inspections, debris
175 removal and goats to graze on grass and brush. Their bid to renew the tax lost by a handful of votes in 2014.
Grassetti, who opposed the tax, said it was “mismanaged” by people who support native-plant restoration and want to cut down eucalyptus.
Pilger said no tax money was spent on chopping down trees.
The constant wrangling has frustrated Hoffmann, who fought the blaze as a lieutenant in 1991 and is still rattled by his memories of that scorching fall day.
Photo: Brant Ward, The Chronicle
Oakland Hills Fire burned hundreds of homes, on Oct. 20, 1991. Aerial fire bombers were used to extingues flames during the firestorm. The Clairmont Hotel, foreground, was not damaged.
The firestorm had its origins in a small grass fire the previous day near Buckingham Boulevard. Firefighters thought they had knocked it down, but when Diablo winds howled out of the east the next day it sprang back to life and turned into an uncontrollable inferno.
The father of Oakland Mayor Libby Schaaf lost his home in the fire, and spent years replacing all his possessions. Among the people who died were Oakland police Officer John Grubensky and a Fire Department battalion chief, James Riley.
176 OAKLAND HILLS FIRE
Chronicle Covers: Day 1 coverage
Chronicle Covers: Day 2 coverage
177 20th anniversary: Recovery soothes family's anguish
Candlestick Memories: Fire made game unforgettable
“You have this fight going on in the hills, and people complaining that we’re trying to clear-cut the parks,” Hoffmann said. “As we get further away from the firestorm there are people who weren’t there when the fire happened, and they say, ‘We like our shady glade, we like our canopy of trees.’”
But another giant firestorm is inevitable because wildfires ignite in the Oakland hills about every 20 or 30 years, he said. When that small grass fire flared back 25 years ago, fire crews were already at the scene but were unable to stop it from spreading.
“It’s not a question of if, it’s a question of when,” said Moss, who remembers a moonscape where her home had been. “There were dead animals, fire hydrants drizzling, and all the power lines were down. We didn’t know where we were because all the landmarks were gone.”
Piper, who also rebuilt her house, remembers looking at a landscape where only chimneys remained of neighbors’ homes.
“It’s almost surreal, being in the middle of a disaster,” she said. “But picking up the pieces afterward — that’s surreal, too. And that’s an experience you don’t want anyone else to have to go through.”
Rachel Swan is a San Francisco Chronicle staff writer. Email: [email protected] 178 25 years ago: Photos from Oakland hills fire Share this:
By Bay Area News Group PUBLISHED: October 19, 2016 at 10:57 am | UPDATED: October 19, 2016 at 11:21 am
Even 25 years later, photos from the Oakland hills firestorm on Oct. 20, 1991, still bring back memories of one of the nation’s worst urban wildfires.
Citizens helped overmatched firefighters carry a hose on Contra Costa Road during the firestorm in Oakland, Calif. Sunday Oct. 20, 1991. (/Bay Area News Group Archives)
Oakland, CA October 20, 1991 - Residents on Susrwick Drive frantically pack as Oakland, CA October 20, 1991 - An upper Oakland hills home is engulfed in flames during flames encroach up the hillside below. (Kendra Luck/Bay Area News Group the early afternoon. (Kendra Luck/Bay Area News Group Archives) Archives)
179 Oakland, CA Ocotber 23, 1991 - Flowers are placed on the light bar of Oakland A view of the Alvarado Road area during the 1991 Oakland hills firestorm. The home of Teresa Ferguson � police Officer John Grubensky's patrol car he was driving to save five people on and Peter Scott can be seen burning and fully engulfed on the right, just to the right of the large smoke � Charing Cross Road. Running into oncomin, traffic on the narrow road, the party plume. Scott's mother, Frances "Grandt Scott, died in the blaze. (Photo courtesy of David Kerscing) tried to make it on foot, but died about 50 feet from the car. (Eric Rahkonen/Bay Area News Group Archives)
A photograph taken before the 1991 Firestorm of the condos that lined Grand View Avenue. (Robert The Grand View Avenue neighborhood on Sunday, Oct. 27, 1991 after the Firestorm. (Michael Macor/8 Warwick//Bay Area News Group Archives) Area News Group Archives)
A play structure stands melted behind destroyed homes on Buena Vista Avenue in this view from the Belalp steps after the firestorm in Oakland, Calif. Sunday Oct. 10, 1991. (Karl Mondon/Bay Area News Group Archives)
Fire begins to consume homes beyond a play structure on Buena Vista Avenue off the Belalp stairway during the firestorm in Oakland, Calif. Sunday Oct. 20, 1991. (Karl Mandan/Bay Area 180 News Group Archives) Albany: City, park district progress on Bulb transition
The Albany City Council cleared a hurdle at the Oct. 17 council meeting in the process to transition the Albany Bulb into part of the Sylvia McLaughlin Eastshore State Park. The council approved a Memorandum of Understanding with the East Bay Regional Park District about management responsibilities and improvements of the Albany Bulb. (Chris Treadway/Staff) By Damin Esper October 19, 2016 at 8:18 am
ALBANY — The Albany City Council approved a Memorandum of Understanding (MOU) with the East Bay Regional Park District (EBRPD) covering management responsibilities and improvements of the Albany Bulb.
The approval at the Oct. 17 council meeting is the next step in the process to transition the Bulb into part of the Sylvia McLaughlin Eastshore State Park.
The council approved the MOU 4-1 with Councilman Michael Barnes dissenting.
The MOU does not resolve the long-term future of the park. Barnes has suggested the city should consider keeping the Bulb as a city park. The rest of the council has supported plans to transfer the property to the EBRPD. The district won’t take the property until certain improvements are made, including cleaning up some of the construction materials left there when it was used as a city dump.
Council members suggested that grants from other levels of government and elsewhere can pay for the improvements. According to a staff report, improvements will cost $8 million.
181 The MOU requires Albany to construct the improvements before entering a long-term lease with EBRPD. The district will collaborate with the city in identifying and securing money to pay for the improvements.
Albany is also required to take the lead on an Environmental Impact Report as required under the California Environmental Quality Act (CEQA). The city is required to prepare an implementation plan after CEQA requirements are satisfied. The city is also required to do the public outreach on the implementation plans.
The MOU will last for five years but can be extended. The council also heard more testimony about creating a rent review board in the city. City staff is drafting an ordinance that would create the board which would be a nonbinding form of mediation between renters and landlords.
A public workshop will be held Nov. 16 and Community Development Director Jeff Bond suggested the council could consider the issue at its Dec. 5 meeting, then vote on a final ordinance in January.
Multiple East Bay cities have created rent review boards in an effort to contain rapidly rising rents. The boards are seen as a middle ground compared to passing rent control ordinances like San Francisco, Oakland and Berkeley. Another consideration would be the creation of a “just cause” ordinance, which would prevent landlords from evicting tenants unless they have a valid reason. At this point, the council will not be considering such a move.
The council also approved the naming of the Pierce Street Park as Peggy Thomsen Pierce Street Park. Thomsen, a former mayor who died in June 2014, was a longtime advocate for the creation of the park. It is located on property that was once a freeway ramp. The city worked for years with Caltrans to take possession of the land. Construction of the park is expected to begin in 2017.
Thomsen was in her fourth term as mayor when she died. Thomsen served 14 years on the city council. She also served on the school board for 16 years.
New Public Works Director Mark Hurley was also introduced to the council. Hurley formerly worked at the Presidio.
182 October-December 2016 The Burning Question in the East Bay Hills: Eucalyptus Is Flammable Compared to What? Twenty-five years after the Oakland Hills fire, people still disagree about whether blue gum eucalyptus is a fire threat in the East Bay Hills by Zach St. George on October 18, 2016
Illustration by Maggie Chiang The gums are mottled tan and brown like chicken bones, crowded together, the spaces between them choked with brush and hung with streamers of bark. Along with the sweet medicine smell of the trees, there is the warm scent of sawdust and a sour hint of exhaust. I’m with Brad Gallup, a fire captain with the East Bay Regional Park District. We’re deep in Tilden Regional Park, standing on a fire road between a feller buncher and a chipper. It’s his job to make sure that if and when this forest burns, it doesn’t take half of Berkeley with it.
In front of us on the uphill side of the road is what looks like a group of seven trees but is really a single tree with multiple boles. Like many of the trees in this forest, it was cut after the hard frost of 1972. Tasmanian blue gums, Eucalyptus globulus, don’t like cold. But the frost didn’t really kill the trees, only made them retreat back down into their
183 roots. The workers who cut the trees then didn’t treat the stumps with herbicide, and now they’re regrown, more trunks and closer together.
The ground below this tree is littered with its rooster-tail leaves and cinnamon-stick tubes of bark. More bark peels from the trunks and spills out from piles built up in the valleys between them. Gallup considers the gum, buried in a pyre of its own debris. “That’s a great way to get the tree to burn,” he says. “Like, you couldn’t come up with a better way to get that tree to burn.” This tree is surrounded by others just like it; this grove just one of the dozens between here and Lake Chabot, millions of blue gums billowing from the ridgeline like sage-green smoke.
The 1991 Tunnel Fire in the Oakland Hills, which killed 25 people and destroyed more than 3,000 homes, confirmed for many people what they had long suspected: Eucalypts are a hazard. Though the fire started in grass, the trees were blamed for the severity of the disaster, by some estimates contributing almost three-quarters of the fire’s energy. Last year, after a decade of planning and legal hurdles, the Federal Emergency Management Agency approved a $5.7 million fire prevention grant to UC Berkeley, the City of Oakland, and the East Bay Regional Park District—the major land managers in the hills area—to thin and remove trees and brush on 1,000 acres of ridgeline between Wildcat Canyon and Anthony Chabot regional parks; the park district will thin another 1,000 acres. Of those 2,000 acres, roughly 800 are dominated by blue gum—representing perhaps a quarter of the East Bay’s eucalyptus. The Hills Conservation Network, a small Berkeley nonprofit whose members live in the area covered by the FEMA grant, promptly sued FEMA to stop the grant, focusing in particular on roughly 350 acres of Oakland and UC Berkeley property in Claremont Canyon and Strawberry Canyon and around the Caldecott Tunnel, where all nonnative trees—predominately eucalyptus— would be removed. It argued that clearing trees would actually make the hills more flammable.
“Every piece of vegetation is flammable. It’s not just eucalyptus we target. We target grass. We target brush.” -Brad Gallup, EBRPD fire captain What is ostensibly a debate about fire science is more than that, though—it is really just the latest episode in a decades-old dispute over the Australian trees’ place in the Bay Area. There are plenty of people who simply like the trees for their own sake, but the debate is also about deeper questions, like what it really means for a species to be native or nonnative, what really constitutes natural, and even whether it is hubris to imagine that humans can break our habit of wreaking unintended consequences. The original question—whether blue gums are uniquely, dangerously flammable—often serves as proxy to these other debates. But it is plenty complicated on its own.
Gallup is characteristically diplomatic. “Every piece of vegetation is flammable,” he says. “It’s not just eucalyptus we target. We target grass. We target brush.” He studied forestry and says he can understand the attachment people feel. “I love trees,” he says. At the same time, anyone who’s fought a fire in eucalyptus understands why they need to be
184 thinned, he says—all vegetation will burn, that’s true. But some of it burns better. From the brush down at the bottom of the gully, there is the whine of a chain saw.
The aftermath of the tunnel Fire in the Oakland Hills, fall 1991. [Oakland Fire #12-91.] (Photo by Richard Misrach, courtesy Fraenkel Gallery, San Francisco, Pace/MacGill Gallery, New York, and Marc Selwyn Fine Art, Los Angeles)
Map by GreenInfo Network
In the middle of June, I attended a protest outside the Sierra Club’s national headquarters in downtown Oakland. The 20-odd protesters—mostly white, mostly gray-haired—marched in a circle, holding up hand-lettered signs and photographs of 185 butterflies and trees. “Two, four, six, eight,” they shouted. “Save the eucs because they’re great!”
Broadly, the protest was about the Sierra Club’s perceived hypocrisy; the environmentalist organization is also suing FEMA as a sort of countersuit to the Hills Conservation Network’s pro-euc suit. The Sierra Club suit argues that the plan should remove more nonnative trees, that leaving eucalyptus and Monterey pine standing would mean prohibitively expensive maintenance, and that removing the trees would allow native species to flourish.
It was immediately clear that the debate over the blue gum’s flammability is only one of several parallel conversations around the tree; while that is the Hills Conservation Network’s primary focus, it was not necessarily what most interested the individual protesters or their opponents. Several of the people I spoke with were worried about the use of herbicide as a way to keep the eucalyptus from resprouting. Overall, the FEMA plan calls for about 2,500 gallons of glyphosate herbicide (a possible carcinogen), or approximately 2.5 gallons per acre, to be applied to stumps. Others were concerned that the FEMA plan was cover for native species restoration advocates. Still others argued that removing any trees would be irresponsible in an age of climate change, and that native trees would not be able to take up the slack. Their concerns echoed some of those of the 13,000 people who wrote comments on the first draft of an environmental impact statement FEMA prepared ahead of the grant.
On the other side of the debate, the Bay Area’s many native plant advocates have their own long list of complaints, also mostly separate from the debate about the trees’ flammability. They call the eucs bad neighbors. Although blue gums tend not to invade new territory, they are salt-the-earth occupiers: Along with shading out other species, their leaf litter leaches chemicals that suppress growth of native plants, even after the trees are removed. “Those areas are really hard to restore,” says Lech Naumovich, a local restoration ecologist and consultant who has worked extensively in Claremont Canyon. Native plant advocates also argue that the trees are inhospitable to many native animals and generally reduce biodiversity in areas they dominate. Native plants, on the other hand, having evolved here over millennia, are better adapted to local conditions, they say.
My third visit to Signpost 29 is with Jerry Kent. A former assistant general manager for the East Bay Regional Park District, Kent is now on the board of directors at the Claremont Canyon Conservancy, which worked with UC Berkeley to convert the downhill side of the road to native vegetation. He has also independently researched the costs of eucalyptus removal and management. Kent and I walk the same path that I took with Grassetti and Maloney. By his reading, everything good about the eucalyptus across the street is matched or exceeded by the native species on this side: The native species are less flammable, use less water, collect fog, block wind, and provide more valuable habitat. Perhaps as important, Kent says, this side is cheaper. Leaving the eucalyptus as-is endangers thousands of homes and people and isn’t a viable option, he says. And in the bigger picture, simply thinning the trees, as the park district is doing on their properties, isn’t a great solution either. It would preserve a virtual monoculture and would require continual management that he believes could cost the East Bay Regional Park District alone hundreds of millions of dollars over the lifetime of the trees—and that’s if there are
186 no fires to help the eucs regenerate. By contrast, the trees would only need to be cleared and the stumps treated with herbicide once, he says. It might look bad for a while, but with proper management nonnative grasses and brush would be replaced in a decade or two in most areas by native trees, he says. “Within a very short time, you have a self- sustaining, low-cost native forest.”
The protestors I spoke with disagree with Kent: They tended not to believe that the eucalyptus are more flammable or fire-promoting than native species, and they seemed determined to discount any evidence suggesting otherwise, arguing, as Maloney has, that whichever of the tree’s characteristics might promote fire are outweighed by its services. They point me repeatedly to both the 1992 Oakland mayor’s task force report and a 2013 report by the U.S. Forest Service’s Adaptive Management Services Enterprise Team. While the forest service report describes the blue gums as “highly flammable,” both documents advise against removing all of the trees in any area, for exactly the reasons that Maloney cites.
Still, both documents say there is a fire hazard. So do all the experts I spoke with, including the ones with no prior knowledge of the FEMA grant. The roughly two dozen Australian and American wildfire experts, eucalyptus experts, and fire ecologists I communicated with while reporting this story (the majority of them with no personal connection to the local debate) were unanimous in their verdict: Blue gum eucalyptus is especially, dangerously flammable. “Anybody who wants to encourage really flammable plants in an urban mix has to do it with their eyes open,” David Bowman told me. There is no single, knockout paper or study that shows that blue gums are drastically more dangerous fire-hazards than other local species, that’s true, but that’s probably too much to ask anyway. Ross Bradstock, a wildfire expert at the University of Wollongong, says that while being able to empirically compare the flammability of different trees would be useful, it’s not currently possible. Leaves or other components, meanwhile, can tell you only so much about the whole, and individual trees only so much about the forest. “We’re in our infancy in understanding how flammability can be practically measured and scaled up,” he says.
“We’re trying to change fire behavior, to make it easier to put the fire out, to give people more time to evacuate.” -Brad Gallup
Now imagine a fire. Not just any fire, but the fire, the fire that all this is about. It’s late September, in a eucalyptus grove on the ridgeline above the UC Berkeley campus. The grove is one of those that were logged off after the 1972 freeze, and the trees grew back just a few feet apart, hung with bark and knee-deep in fallen leaves, bark, and twigs. For most of the year, these trees would collect fog and slow the breeze, and they might indeed make a fire less likely, Scott Stephens says. But not today. The summer fogs have faded, and it’s been unseasonably hot for a week. Relative humidity is in the low teens, and any moisture hidden in the debris below the trees has long wicked away. A strong wind begins blowing over the hills from the east. And then somehow—maybe a spark from a car, maybe a tossed cigarette—the whole dry, airy mess catches fire.
187 Now the flames on the ground are 30 feet high and even higher off the boughs, roaring like a jet engine. At the fire’s edges, trees appear to explode as the volatile oils in their leaves reach their boiling point and vaporize. The heat of the fire forms a convection column, with 60-mile-per-hour winds that rip burning strips of bark from the trees and toss them upward. This is another of blue gums’ talents—its bark makes ideal braziers. Tucked away inside a rolled-up strip of bark, a fire might live for close to an hour and fly 20 miles. Native species and grasses produce sparks and firebrands too, Stephens says, but not of the same quantity and quality as eucalyptus. The shower of firebrands tossed from the ridgeline by the 100-foot-tall trees foils any attempt to create a firebreak.
At this point, there’s nothing anyone can do to stop the fire, Brad Gallup says. “Nature’s going to put that out.” We’re on a ridgeline above UC Berkeley, across the street from the grove in question. I met him that morning at the park district fire station at the edge of Tilden Regional Park, and we’ve driven together into the park, stopping first at this overlook along Grizzly Peak Boulevard. Gallup, who has gray hair and thin-frame glasses, is dressed head-to-toe in navy and wears black leather fire boots. He is persistently neutral: “Everybody’s right, everybody’s wrong,” he says at one point. It is true, he says, that—as Maloney argues—a fire would spread through the grass covering the hillside on this side of the road much faster than through the eucalyptus opposite. It might indeed get away, or catch houses on fire. But even under the worst conditions, there is the possibility of containing a grass fire, he says. That’s the idea in thinning the eucalyptus—not to prevent fire, but merely to create the possibility of keeping it from growing out of control even in those rare instances when conditions are at their worst. “We’re trying to change fire behavior,” he says, “to make it easier to put the fire out, to give people more time to evacuate.”
We drive along the ridgeline and re-enter the park, and into what looks and feels like a vast eucalyptus forest. Gallup parks his truck and we get out to walk down the fire trail. We pass a man in an excavator stacking eucalyptus logs. The air begins to smell of fresh sawdust. And then from somewhere down in the woods there is the sound of a saw.
The East Bay Regional Park District is taking something of a middle approach to fire prevention in the eucalyptus groves it manages, thinning the trees rather than clearing them outright. (This is the approach that Jerry Kent predicts will cost the most, and native plant advocates say will result in a monoculture, though it is acceptable to the Hills Conservation Network.) The goal, Gallup says, is to get to less than 100 trees per acre, down from as many as 1,700 per acre in some areas. After arborists thin the smaller trees, youth crews will clean up debris and hanging bark. When the project is finished, he says, only the bigger trees will be left, with a wide gap between the forest floor and its canopy. This “shaded fuel-break,” as he calls it, should help slow down fires.
We turn a corner and stop between a feller buncher (which both fells trees and gathers them into bunches) and a chipper. The seven-boled tree is on the uphill side of the trail. From the gully below comes the whine of the saw; then it stops and a young eucalyptus topples over with a drawn-out crash. A man in a hard hat and orange vest emerges from the bushes, then cuts through another tree. The forest between us and him is already mostly thinned. The trees that remain standing are big and widely spaced. Smaller trees
188 lie between, yet to be hauled off or chipped. Bark still hangs from trunks, awaiting the youth crews. It’s still messy, a sculpture only half done.
This is Gallup’s favorite part of the job, he says—choosing which trees to remove, which trees to keep. There is an art to it, he says. “If the plan says ‘thin eucalyptus,’ then that’s what I have to do,” he says. “But I can use my professional judgment. There’s no exact number.” When he starts a thinning project, he walks the grove and imagines how it might look without this or that tree, how the canopy would look, how it would look in a decade, in three decades. And he imagines it catching fire.
Editor’s note: In late September, FEMA rescinded its fire mitigation grants to UC Berkeley and the City of Oakland, covering the 350 most contentious acres. It did not offer an explanation. A UC press release stated that the fire hazard mitigation work in Strawberry and Claremont canyons “will be delayed for an indefinite period.”
Zach St. George is a freelance reporter based in Oakland. He writes about science and the environment, and feels that as long as we’ve got eucalyptus, we might as well get some koalas, too.
189 Ghoulishly grand adventure aboard the Haunted Railroad
Submitted By Andrew J.L. Cary October 18, 2016
Ardenwoods spooky witchÑalong with the silly pirates, ghosts, goblins, giant pumpkins, and the Chance GangÑwill once again be haunting the woods at Ardenwood Historic Farm in Fremont. Climb aboard the Haunted Railroad for a fun ride through the dark forest of Ardenwood. The entire family will enjoy the ghoulishly grand, roundtrip ride on the haunted rails of the Ghost Train.
The Haunted Railroad is a spooky (not scary) train ride that will appeal to children 12 years of age and under. Billy Bones says it best, The Haunted Railroad was designed so that families can have a nighttime adventure appropriate for young children. We want children of all ages to have fun!
The Haunted Railroad operates on two weekends beginning Friday, October 21. Trains will depart every 30 minutes beginning at 7 p.m. with the last train departing at 9:30 p.m. (9 p.m. on Sunday nights).
The event is a fundraiser for The Railroad Museum at Ardenwood operated by SPCRR (Society for the Preservation of Carter Railroad Resources) in association with Ardenwood Historic Farm/East Bay Regional Park District. We are a volunteer, non-profit 501(c)(3) corporation that preserves, restores, and operates one-of-a-kind, historic 19th century railroad carsÑmany built in Newark, CA, by Carter Bros.
Tickets are available for purchase online at www.spcrr.org (select ÒHaunted Train TicketsÓ from the menu; there is a small handling fee). Tickets are also available at the gate beginning at 4:30 p.m. on dates the Haunted Railroad operates. You may also purchase tickets at the gate for a later time or a different date. Some trains sell out early; we encourage you to purchase tickets in advance. Prices are $7 for ages 13 and older, and $5 for children 3-12 years old, children 2 and under are free (if they sit on an adultÕs lap). Cash, checks, or Visa are accepted. Groups of 10 or more may make reservations by e-mailing [email protected].
Please note: All children must be accompanied by an adult. For safety reasons each child under 3 must be accompanied by a separate adult. Costumes are fine but no facemasks
190 on adults please. Riders must be able to sit on a bench seat while on the train.
The Haunted Railroad Friday, Oct 21 Ð Sunday, Oct 30 7:00 p.m. Ð 9:30 p.m. (9 p.m. on Sundays) Ardenwood Historic Farm 34600 Ardenwood Blvd, Fremont (510) 544-2797 [email protected] www.spcrr.org www.facebook.com/SPCRRmuseum. Tickets: $7 ages13 & up, $5 Ð 12, ages 2 and under free
191 East Bay Park It: In Oakland, Briones, Sunol, guided fall hikes
Steve Buller, left, and Loree Lee, of Lafayette, hike last year at the Briones Reservoir, on the west side of Briones Regional Park near Martinez. An East Bay parks district naturalist will lead a hike Friday at Briones Regional. (Kristopher Skinner/staff archives) By Ned MacKay
PUBLISHED: October 16, 2016 at 12:01 am | UPDATED: October 13, 2016 at 7:26 pm
Autumn is a fine season for hiking in the East Bay Regional Parks and other public open spaces. The heat of summer has abated, the air seems fresher and there’s even some fall color in the leaves.
With all this in mind, park district naturalists have planned lots of outdoor activities in the coming days. One of them is a “Footloose Friday” hike from 9 a.m. to 2 p.m. Friday at Briones Regional Park, led by “Trail Gail” Broesder.
Meet Gail at the Alhambra Valley staging area off Reliez Valley Road near Martinez for a trek through Briones’ hills and canyons. Bring lunch and water, and wear sturdy shoes. For more information and directions, call 510-544-2233.
Another hiking series is Saturday and Sunday Strolls. There’s one from 10 a.m. to noon Saturday at Redwood Regional Park in Oakland. Meet at the park’s Canyon Meadow staging area for a moderate, 4-mile hike through sometimes steep terrain. Redwood is one of the better regional parks for fall color too. Canyon Meadow is at the end of the road
192 that leads into the park from Redwood Road in Oakland. For information, call 510-544- 3187.
For those who prefer a more leisurely and contemplative hiking experience, there’s the Tortoise Trekker series. There’s a tortoise trek from 7 to 10:30 a.m. Oct. 23 to enjoy morning from atop Flag Hill in the Sunol Regional Wilderness. It’s a steep climb, a 3½- mile round trip, led by naturalist Cat Taylor. The view from the top is well worth the effort, though.
The tortoise trek is free of charge, but registration is required. For registration and information, call 888-327-2757. Select option 2 and refer to program 14776.
Berkeley: Animals are out and about in the regional parks too, though we don’t always see them. At Tilden Nature Area near Berkeley, infrared motion detecting cameras have been set up in various locations to record animal activities.
Naturalist Anthony Fisher will show some of the results during a program from 1 to 2 p.m. Oct. 23 at Tilden’s Environmental Education Center. The center is at the north end of Central Park Drive. Call 510-544-2233.
Alameda: A low-tide search for actual crabs at Crab Cove Visitor Center in Alameda is scheduled during Family Nature Fun Hour from 2 to 3 p.m. Saturday and Oct. 23.
Naturalists will lead a search through the mud flats for crabs and other intertidal residents. Dress to get dirty. After that it’s fish feeding time from 3 to 3:30 p.m. at the Crab Cove aquarium, which contains examples of many of the fish that inhabit San Francisco Bay. Crab Cove Visitor Center is at the end of McKay Avenue off Alameda’s Central Avenue. For information, call 510-544-3187.
Fremont: Besides coyotes, Coyote Hills Regional Park in Fremont has a population of native gray foxes, an animal that has been around for several million years.
Naturalist Francis Mendoza will disclose some foxy facts during a short hike from 1 to 2:30 p.m. Oct. 23 at the park. The hike is for ages 12 and older.
Meet at the Coyote Hills Visitor Center, which is at the end of Patterson Ranch Road off Paseo Padre Parkway. Coyote Hills also has Family Fun Hour every Saturday and Sunday from 2 to 3 p.m. The theme Saturday is the colors of nature; on Oct. 23, it’s autumn leaves. For information, call 510-544-3220.
Ned MacKay writes a regular column about East Bay Regional Park District sites and activities. Email him at [email protected].
193 City of Fremont This map shows the restricted parking areas in green, bound by the yellow boundary. Light blue areas are open for parking. Mission Boulevard is the boundary at the bottom of the map.
By Joseph Geha PUBLISHED: October 13, 2016 at 11:41 am | UPDATED: October 13, 2016 at 5:22 am
Although last Saturday marked the second weekend that Fremont’s new parking permit program has been in effect near the main staging area and entrance to Mission Peak Regional Preserve, police say they haven’t cited any scofflaws.
That’s because for these first few weeks of the program, the focus is more on informing the public about where they can and cannot park legally during the weekends, according to Fremont police spokesperson Geneva Bosques
“We don’t want to catch people off guard, we don’t want to be heavy handed with citing people,” Bosques said. “The goal is that people don’t park in these areas, not that we cite.”
The program, approved by the City Council in May, officially launched at 12:01 a.m. Oct. 1. It restricts parking in designated areas of the Mission Peak residential neighborhood on weekends and major holidays. A petition signed by more than 60 percent of the area’s residents led to the program’s creation.
Neighborhood residents had complained that many of the people who come to the popular preserve sometimes park in front of or near their homes during the weekends, making it difficult to have guests over for celebrations or events.
194 On the first weekend of the program, Fremont community service officers and East Bay Regional Park District officers placed courtesy warning notices on cars parked in the restricted areas. Last weekend, community service officers and police volunteers handed out informational brochures and talked with visitors who had parked in the neighborhood.
Bosques says park visitors weren’t the only ones who had to be informed about the program, which lasts until July 2020. Several homeowners in the area were found to have not yet signed up for their parking permits.
According to police, the restricted parking is bordered by Mission Boulevard to the west, Antelope Drive to the north, Vineyard Avenue to the east, Stanford Avenue to the south and the area surrounding Cougar Circle, Boar Circle, and Lynx Dive.
Public parking is allowed along Antelope Drive and Vineyard Avenue, which together with the 40-space Stanford Avenue staging area at the park provide about 190 spaces. Parking is allowed inside the restricted area on non-holiday weekdays.
Signs are posted throughout the streets to inform drivers of the permit program enforcement times.
Police and park officials have also recommended that park visitors consider using the Ohlone College parking structure, which is close to an alternative entrance to the park and has a 900-vehicle capacity. Parking in most Ohlone lots costs $4 for a whole day, enforced from 6 a.m. to 11 p.m. on weekdays and from 6 a.m. to 5 p.m. on Saturdays. Parking is free after 5 p.m. on Saturdays and on Sundays and holidays.
Semester parking permits at the college, which typically are good for about four months, cost $40; non-students can purchase them as well.
After a grace period of about a month, Bosques says enforcement mainly will be based on complaints from residents. That’s essentially how police have responded in the past when people parked illegally, such as in front of a driveway.
A first-time citation will cost $63.
195 Fall 2016 Newsletter
Amidst the shambles of the Great Depression, FDR and his “brain trust” set about making America work again— investing in jobs, infrastructure, the environment, public spaces, education, and the arts. Much of what got created during the New Deal is hiding in full view. At the Living New Deal, we’re working to bring the New Deal to light.
In this Fall issue we we offer stories of discovery and tribute for the New Deal heritage we all share. If you have memories, photographs, or places connected to the New Deal that you would like to share with us, we welcome hearing from you. Help us rekindle a new New Deal! Your support makes our work possible. Thank you! PRESERVED FOREVER: HOW THE CCC HELPED BUILD A PARK DISTRICT
September 29, 2016
Robert Sibley Park District Board Member Robert Sibley (center) highlights the Tilden Nature Study Area on the relief model in the mid-1950s. Photo Credit: Courtesy EBRPD
In 1928, conservationist, hiker, and University of California alumnus Robert Sibley, saw into the future of the open rolling hills above the Berkeley campus. “These valuable pieces of land ought to be preserved forever,” he forewarned. So began a movement to save thousands of wild acres from certain development. The New Deal played a critical part in gaining the public’s support.
A 1930 report, “Proposed Park Reservations for East Bay Cities,” by landscape architect Frederick Law Olmsted, Jr., and Ansel F. Hall, first chief naturalist of the National Park Service, laid out a plan for a system of regional parks and a single agency to manage them. As early as 1933, local CCC
196 enrollees, under the direction of the Western Museum Laboratory in Berkeley, set to work on a project to help win the public over to the idea.
Unveiling the Restored Map District General Manager Robert Doyle welcomes visitors to the unveiling of the newly restored CCC relief model at the Tilden Environmental Education Center on August 27, 2016. Photo Credit: Courtesy EBRPD
Often more than a hundred CCC men at a time worked to fabricate a series of 6-foot by 12-foot replicas of the East Bay region based on maps in the Olmsted-Hall plan. The hand-painted plaster relief models highlighted the ridgelines, hills, and valleys that park advocates hoped to conserve. Local cities used the topographical models to promote the cause. The prospect of federally funded labor and construction dollars through New Deal programs also had a role in winning over voters.
In 1934, despite the Great Depression, voters approved a tax to establish the East Bay Regional Park District, one of the first regional park systems in the country. With parklands secured, WPA and CCC crews arrived in 1935 to begin building the roads, trails, stone bridges, buildings, and fountains that remain a lasting tribute to their work.
CCC Camp Wildcat Canyon Tilden Environmental Education Center sits on the former site of Camp Wildcat Canyon, a CCC camp that housed several hundred young men who built the trails, restrooms, and picnic areas for the new parks Photo Credit: Courtesy EBRPD
Today, one of the nation’s oldest regional park systems is also one of the largest—with 65 parks totaling 120,000 acres, and 1,200 miles of trails.
Recently, the last known remaining model the CCC built for the parks campaign was resurrected from a seldom-used building where it had languished for decades. Its significance came to light in the course of preparing for the District’s 80th anniversary.
Experts from the Richmond, California-based Scientific Art Studio, which manufactures museum exhibits, were called in to help with the model’s restoration. They carefully patched and reinforced the crumbling plaster and removed many added layers of paint revealing the map’s original colors and hand lettering. Original errors were left intact, including a puzzling reference to “Citizens Conservation Corps.”
197 Early Park Leaders Ansel Hall, chief naturalist at the National Park Service, points out the proposed Regional parklands to local civic leaders in 1934 Photo Credit: Smithsonian, Civilian Conservation Corps Collection
In August, the restored model was unveiled to the public to great fanfare. It is on permanent display at the popular Environmental Education Center at Tilden Park—the former site of CCC Camp Wildcat Canyon.
Dave Zuckermann has worked for the East Bay Regional Parks since 1987 and is currently the Regional Interpretive & Recreation Services Manager. Dave previously was the naturalist and supervisor at the Tilden Nature Area and Little Farm. His interest in the New Deal comes from working in a park built by the CCC. www.ebparks.org Email | View all posts by Dave Zuckermann → Posted in News | Tagged Ansel F. Hall, Civilian Conservation Corps, East Bay Regional Parks, Frederick Law Olmsted Jr, History of East Bay Parks, Tilden Park
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