FEBRUARY 16, 2016 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD of DIRECTORS (510) 569-1417 FAX EAST BAY REGIONAL PARK DISTRICT

Board of Directors Board Meeting Packet

FEBRUARY 16, 2016 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX EAST BAY REGIONAL PARK DISTRICT

East Bay Regional Park District Board of Directors

DOUG SIDEN The Regular Session of the FEBRUARY 16, 2016 President - Ward 4 Board Meeting is scheduled to commence at 2:00 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 FEBRUARY 16, 2016 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 1:00 p.m. ROLL CALL (Board Conference Room) meeting at District’s Administration Building, 2950 PUBLIC COMMENTS Peralta Oaks Court, Oakland, CA, commencing at 12:30 p.m. for Closed Session and 2:00 p.m. CLOSED SESSION for Open Session on Tuesday, February 16, 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 Agency Negotiator: Robert E. Doyle, Debra Auker, are subject to change during the Jim O’Connor, Sukari Beshears meeting. If you wish to speak on matters not on the agenda, you Employee Organizations: AFSCME Local 2428 may do so under Public Comments at the beginning of the agenda. If you wish to testify B. Conference with Real Property Negotiator Regarding Price and/or on an item on the agenda, please Terms of Payment – Gov’t Code § 54956.8 complete a speaker’s form and submit it to the Clerk of the Board. 1) Agency Negotiator: Jim O’Connor, Carol Victor A copy of the background materials concerning these APN/ADDRESS PROPERTY OWNERS PARK/TRAIL agenda items, including any material that may have been Alameda County submitted less than 72 hours before the meeting, is available 9999 Redwood Road, East Bay Regional Park Chabot Gun Club for inspection on the District’s Castro Valley District website (www.ebparks.org), APN 085 035 001 001 the Administrative Building reception desk, and at the meeting.

Agendas for Board Committee p.m. OPEN SESSION (Board Room) Meetings are available to the 2:00 public upon request. If you wish to be placed on the mailing list PLEDGE OF ALLEGIANCE to receive future agendas for a specific Board Committee, A. APPROVAL OF AGENDA please call the Clerk of the Board’s Office at (510) 544- 2020. B. PUBLIC COMMENTS District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting. 2:15 p.m. C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of December 28, 2015 to January 17, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of February 2, 2016 (Barial Knight/Auker) (No Cost) c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) d. Approval of Out-of-State Travel for Director Whitney Dotson to Attend the 2016 Sustainable Trails Conference in Knoxville, Tennessee from March 4 - 11, 2016 (Clay/Barial Knight) (Resolution) (Budgeted Funds) e. Authorization to Execute a Twenty-five Year Management Agreement with the United States Department of the Interior Bureau of Reclamation: Contra Loma Regional Park (Musbach/Nisbet) (Resolution) (No Cost) f. Authorization to Execute a Consulting Services Contract with Interactive Resources, Inc. for the Service Yard Replacement Project: Point Pinole Regional Shoreline (Lim/Nisbet) (Resolution) (Budgeted Funds) g. Authorization to Enter into a Professional Services Contract with Laura McCreery to Conduct An Executive Oral History for EBRPD General Manager Robert E. Doyle (Johnson) (Resolution) (Budgeted Funds) h. Approve Amendment and Restatement of the East Bay Regional Park District’s General Employees and Sworn Safety Employees Retirement Plan to Conform to Internal Revenue Service (IRS) Regulations (Beshears/Doyle) (Resolution) (Budgeted Funds) i. Authorization to Appropriate Asset Forfeiture Funds and Approve the Sole Source Purchase/Upgrade of Seventy-Five (75) Personal Video Cameras from Vievu, Inc.: Public Safety Division (Brede/T. Anderson) (Resolution) (Budget Change) j. Authorization to Transfer and Appropriate Asset Forfeiture Funds, Transfer Public Safety Budgeted Funds, Accept Donation and Appropriate Funds from Regional Parks Foundation, and Purchase Replacement Mobile Incident Command Vehicle from Lynch Diversified Vehicles: Public Safety Division (McCrystle/Brede/T. Anderson) (Resolution)(Budget Change) k. Authorization to Award a Contract to R&M Paving Contractors, Inc. for Redwood Service Yard Paving Project: Redwood Regional Park (Barrington/O’Connor) (Resolution) (Budgeted Funds) l. Authorization to Amend the Sole Source Contract with Condor Earth Technologies to Provide Engineering Services and Construction Monitoring for the Pillar B Stabilization Improve Mine Shaft Project: Black Diamond Mines Regional Preserve (Ragatz/O’Connor) (Resolution) (Budgeted Funds) m. Approval of the District’s 2016 Investment Policy (Zenoni/Auker) (Resolution) (No Cost) n. Authorization to Award a Contract for Janitorial Services to Universal Building Services & Supply Company: Peralta Oaks Administration Building and the Richard C. Trudeau Training Center (McNally/Auker) (Resolution) (Budgeted Funds) o. Authorization to Purchase Microsoft Enterprise SQL Server Database Software Licenses from Dell Marketing L.P.: Information Services Department (Tallerico/Auker) (Resolution) (Budgeted Funds)

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

a. Authorization to Apply for a Grant from the West Contra Costa Transportation Advisory Committee and Appropriate Measure WW Development Funds to Fund the Final Design, Geotechnical and Environmental Studies for the San Francisco Bay Trail at Lone Tree Point: San Francisco Bay Trail (Dougan/Margulici/Nisbet) (Resolution) (Budget Change/ Measure WW) b. Update on the Land Use Plan for the Concord Hills Regional Park (Concord Naval Weapons Station) and Presentation of Draft Preferred Alternative Park Use Plan: Concord Hills Regional Park (Tong/Nisbet) (No Action)

2:50 p.m. 3. BOARD AND STAFF REPORTS

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

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

3:15 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

3:20 p.m. 6. BOARD COMMITTEE REPORTS

a. Operations Committee (12/17/15) (Sutter) b. Finance Committee (11/23/15) (Lane) c. Finance Committee (10/28/15) (Lane)

3:25 p.m. 7. BOARD COMMENTS

4:00 p.m. D. ADJOURNMENT CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of December 28, 2015 Through January 17, 2016 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of December 28, 2015 through January 17, 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.

7 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 02 -

February 16, 2016

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF DECEMBER 28, 2015 THROUGH JANUARY 17, 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 December 28, 2015 through January 17, 2016;

Moved by Director , seconded by Director , and adopted this 16th day of February, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

8 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of February 2, 2016 (Barial Knight/Auker)

9 The Board Meeting, which was held on February 2, 2016 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland was called to order at 12:40 p.m. by Board President Siden.

ROLL CALL

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

Directors Absent: None.

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

The Open Session of the Board Meeting was called to order at 2:20 p.m. by Board President Siden.

Staff Present: Jim O’Connor, Debra Auker, Carol Victor, Carol Johnson, Erich Pfuehler, Aaron Roth, Rob Lim, Mimi Waluch, Anne Kassebaum, Matt Graul, Liz Musbach, Alicia Gonzales, Mimi Waluch, Bob Nisbet, Debra Auker, Bill Zenoni, Renee Patterson, Chief Dan McCormick, Katy Hornbeck, Linda Wu, John Bouyea, Larry Tong, Michele Julene, Julie Bondurant, Chris Barton, Kristina Kelchner, Mark Pearson, Mona Koh, Eri Suzuki, Noah Dort, Kelly Barrington, Jason McCrystle, Jeff Rasmussen, Nadine Vargas, Tim Anderson, Carolyn Jones.

Guests: Judi Martin, Dr. Nooshin Razani

A. APPROVAL OF AGENDA

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

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

B. PUBLIC COMMENTS Dennis Shusterman, thanked the board for the renovations at Ferry Point and spoke about the new development near the park which may impact parking. He suggested the Board consider the possible use of the overflow parking area for loading and unloading kayaks. GM Doyle commented that the District is monitoring the development and possible impacts. Jefferey Panero thanked the Board (Directors Sutter and Siden) for withdrawing from building at Lake Chabot and delivered hard copies of a signed petition to the Clerk. Randall Dutra expressed his appreciation for the Park Districts’ decision to withdraw from building at Lake Chabot. Kelly Abreu thanked ASD for redirecting their siting plans at Lake Chabot and talked about the 20-year opening of Vargas Plateau.

10 C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

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

c. Authorization to Negotiate with Various Property Owners Resolution No. 2016 – 02 – 015 (attached)

Kelly Abreu questioned why the District negotiates with itself on property it owns. Liz Musbach, Chief of Land Acquisition explained that when it is property that the District owns it is acknowledged, and in this case the District was negotiating with the Vieux family. Musbach added that this is a boundary line cleanup that will not impact the opening of Vargas Plateau. Director Wieskamp stated that the District doesn’t always have control over when a park is opened; however hopefully it will open this spring. Director Sutter had a question on Finley Road. Musbach answered that the District is accepting a conservation easement which has nothing to do with access.

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

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

a. Approval of District Check Listing for the Period of December 7, 2015 to December 27, 2015 Resolution No. 2016 – 02 – 016 (attached)

Approval of the Minutes for the Board Meeting of January 2, 2016

d. Authorization to Transfer Measure AA Funds, Appropriate Measure WW Funds and Award a Contract for Professional Services to WRA Incorporated for Design Services, Permitting, and Construction Support for Restoration of Encinal Beach: Alameda Point Regional Shoreline Resolution No. 2016 – 02 – 017 (attached)

Director Lane asked if the restoration design for the sand dune would be self-perpetuating. Matt Graul, Chief of Stewardship, said that it will.

e. Authorization to Award a Consultant Contract to Swaim Biological, Inc. for Alameda Striped Racer Study: Fuel Break Resolution No. 2016 – 02 – 018 (attached)

Director Sutter commented on the $300K contract cost, and asked if there are other species the District will need to study, and at what cost. Matt Graul, Chief of Stewardship, replied the District is required by the USFWS to do this study. Data will also be gathered on other reptile species. Director Wieskamp asked 11 if there will be interim reports. Graul answered it will be a 5-year study, and the Park District will receive reports on years 1, 3, and 5 which will be brought before the Natural/Cultural Resources Committee.

f. Authorization to Renew a Special Use Agreement with Golden State Model Railroad Museum: Miller-Knox Regional Shoreline Resolution No. 2016 – 02 – 019 (attached)

Director Lane remarked at how popular the Railroad is with the public and how concerned the public is that the museum is seldom open. She also asked how much is it costing the District to maintain. O’Connor replied that the District is responsible for all of the internal building needs, and is in charge of the exterior maintenance. Lane asked for the actual cost of the utilities. Mimi Waluch, Business Services Manager said the utilities are split. Director Sutter commented this is a volunteer operation which is a service to the community and is open on Sunday. O’Connor said that this is a nonprofit group and the net costs are being analyzed by Administrative Analyst Alicia Gonzales. Director Siden commented on the services that the concessionaire provides, and the benefit to the District.

g. Authorization to Establish the Classification, Unit Designation and Salary Range for Human Resources Analyst Senior; Upgrade 1.0 FTE Human Resources Analyst II Position to Human Resources Analyst Senior; and Amend the 2016 Budget in the Human Resources Division Resolution No. 2016 – 02 – 020 (attached)

h. Authorize Bay Point Spur Trail Grant Partnership and Funding Agreement with Contra Costa County: Bay Point Regional Shoreline Resolution No. 2016 – 02 – 021 (attached)

Director Sutter asked if this provides enough money to complete the trail. Sean Dougan, Trail Development Program Manager, said the trail estimate is approximately $2 Million, and the grant is for $74K. Dougan said the feasibility study is being completed. Director Lane commented that she is glad this process has begun.

i. Authorization to Appropriate, Transfer, and Accept Funds for Piedmont Stables Renovation: Redwood Regional Park Resolution No. 2016 – 02 – 022 (attached)

President Siden asked if it is District’s practice is to upgrade facilities operated by concessionaires with District funds. Jim O’Connor, AGM Operations, gave some examples when capitol upgrades have been needed.

Judi Martin, the operator for Skyline and Piedmont stables gave some remarks. She explained that her group created a 501C3, The Saddlehorn Foundation, that has raised over $100K to help with the renovation needs at Piedmont Stables.

j. Authorization to Enter Into a Contract with Wesley and Associates for District-wide Training Services Resolution No. 2016 – 02 – 023 (attached)

12 Director Lane hoped that a major focus will be to train and work with our new park supervisors. Sukari Beshears, Human Resources Manager, replied that the contract is specific to district-wide training. Beshears stated that HR is currently working with Operations for specific training for park supervisors.

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

By motion of Director Dotson, and seconded by Director Sutter, the Board voted unanimously to approve Item C-2-a.

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

a. Authorization to Transfer Funds and Award a Contract for Professional Services to Nichols Consulting Engineers to Design Plans for Dredging of the Sediment Basin in Tilden Nature Area and Restore Three Interpretive Ponds: Tilden Regional Park Resolution No. 2016 – 02 – 024 (attached)

Matt Graul Chief of Stewardship introduced Joe Sullivan, Acting Fisheries Program Manager. Sullivan, provided the background on this project. He outlined the project evolution, project description, the budget, preliminary design, environmental permits, the schedule which began in 2015, with possible construction by 2017. Consultants will design a plan to reduce sedimentation in Jewel Lake, which will have multi-species benefits, elevate education and increase the interpretive experience. Director Sutter inquired if the money in this item is solely for the permit. Sullivan replied the goal is to have most of construction done in-house. GM Doyle remarked how the Board is seeing more upfront costs to do the design engineering, before the grant is acquired. Doyle added, the District does have sources of Measure CC and WW funding and a base budget. Sullivan added that the CC money will be used for Dredging and will reduce the sediment. Director Burgis asked if staff will do something to slow down the sedimentation and if the drought affected the amount of sediment. Sullivan answered the permit only allows the District to dredge a certain amount per year. Burgis would like to see the District expand the amount of dredging. Graul plans to amend the maintenance agreement and use this study to get Jewel Lake back to capacity.

4. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

General Manager Robert Doyle discussed those items listed on the staff report.

Director Sutter stated that the San Francisco Bay Restoration Authority measure will benefit people who do not live near the bay because it will protect shorelines from flooding and protect public facilities.

5. GENERAL MANAGER’S COMMENTS

General Manager, Robert Doyle introduced Dr. Ana Alvarez. She is the District’s first Deputy General Manager.

Mona Koh, Community Relations Manager, gave a presentation on the Community Relations and Communication Plans for 2016. Dr. Nooshin Razani, UC Benioff Children’s Hospital, was introduced by GM Doyle and he acknowledged that a partnership with the hospital is a shift for the Park District in the 13 right direction. Koh highlighted 6 areas of focus: Economic Impact Study, Outreach to Multicultural Communities, Leadership Environmentalism, Community Events, Measure CC and Healthy Parks and Healthy People.

Razani spoke about the successful collaboration with the District and the Parks Prescription Program. Director Burgis expressed the importance of the work that is being done at Children’s Hospital.

Directors had questions and comments on items in the staff report. Staff explained and clarified.

6. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Carol Victor had no announcements.

7. BOARD COMMITTEE REPORTS

a. Natural and Cultural Resources Committee (11/18/15) (Nisbet/Lane) b. Executive Committee (12/10/15) (Dotson) c. Operations Committee (11/19/15) (Siden)

Kelly Abreu clarified his statement in these minutes. He objected that the Park District has approved $37,000 for the restriction of curb parking on public streets in the of city of Fremont, taking money from the general fund and giving it to the city of Fremont to restrict people from parking on the streets. Abreu stated the Park District should be promoting access and not restricting access to parks.

d. Executive Committee (01/14/16) (Siden)

8. BOARD COMMENTS

Director Siden reported on meetings attended. Director Siden  Attended the PAC meeting;  Attended the Alameda County Mayors Conference;  Attended a planning meeting for Alameda County Watershed Symposium;  Met with Alameda County Flood Control;  Meeting with Friend of San Leandro Creek;  Attended the Inside Oakland breakfast meeting;  Attended the MLK Rally;  Attended the Executive Committee meeting;  Attended the Operations Committee meeting;  Attended the Legislative Committee meeting;  Visited the Nike site;  Attending Friends of San Leandro Creek meeting;  Attending the East Bay Alliance Executive Committee meeting.

Director Sutter reported on meetings attended. Director Sutter  Attended the Operations Committee meeting;  Attended the SFBRA meeting;  Attended the DD Community Coalition meeting;  Attended the ACTC meeting however upon arrival meeting was canceled (a security problem);  Attended introductory meeting of SPUR;  Attended a meeting honoring Ann Woodell, Chair of Oakland Park & Recreation Commission 14 Director Lane reported on meetings attended. Director Lane  Visited Tilden park and complimented staff;  Walked the Ironhorse Trail;  Attended the East Bay Leadership Council meeting which Larry Tong also attended;  Attended the East Bay Leadership Council Speaker series - Condoleeza Rice;  Attended the Elected Women’s lunch;  Thanked staff for the Operations and Interpretive roster;  Thanks staff for continuing efforts to have land bank tours and the Parks and Trails Statistics handbook;  Requested an item on the drought and trees be added to the Natural/ Cultural Resources Committee agenda;  Circulated “The Real Richmond Guide to Richmond” from Chevron.

Director Waespi reported on meetings attended. Director Waespi  Attended the ACSDA Meeting;  Attended the HASPA meeting - Betty Moose was honored and she is a wonderful person;  Attended MLK celebration;  Met with Alameda Creek Trails staff;  Attended the Castro Valley Chamber mixer;  Attended the Union City Oversight Committee meeting;  Attended John Gouveia’s retirement dinner;  Attended the Finance Committee meeting;  Attending the City of Hayward community awards.

Director Burgis reported on meetings attended. Director Burgis  Attended CCC watershed forum;  Attended the planning meeting of the Alameda County Watershed Symposium;  Attended Legislative Committee meeting;  Participated in a MLK Day of Service;  Attended MLK celebration in Antioch ;  Attended the East Bay Leadership Council Speaker series - Condoleeza Rice;  Attended Elected Women’s Luncheon;  Filmed Open Roads with Doug McConnell - airing March 20;  Attended the Finance Committee meeting;  Met with AFSCME union reps;  Attended the Building Industry Association dinner;  Attended the Youth Fair at Big Break - 210 students attended;  Attended the Heritage Faire Dinner at the CCC Fairgrounds.

Director Wieskamp reported on meetings attended. Director Wieskamp  Attended the ACSDA meeting;  Attended the LAFCO meeting;  Attended the East Bay Leadership Council Speaker series - Condoleeza Rice;  Attended the Operations Committee meeting;  Had a coffee with AFSCME leadership;  Attended the Finance Committee meeting;  Honored to be asked to serve on Catharine Bakers Advisory Council (asked for a map on Tesla Park show the owners). 15 Director Dotson reported on meetings attended. Director Dotson  Complimented Erich Pfuehler and Tiffany Margulici for securing a $9000 grant for the North Richmond Shoreline Festival;  Commented that the restoration is progressing nicely at Pt. Pinole.

D. ADJOURNMENT

The meeting was adjourned at 4:52pm by Board President Doug Siden.

President Siden ended the meeting with a moment of silence to honor the memory of Sylvia McLaughlin. There were closing remarks by members of the Board and the General Manager.

Respectfully submitted:

/s/ Yolande Barial Knight Clerk of the Board

16 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County Unnumbered parcel State of California San Francisco Bay Trail immediately south of 401-010-007 Pinole 401-010-007 City of Pinole San Pablo Bay Regional 1 Tennent Avenue, Pinole Shoreline 258-450-012 East Bay Regional Park Las Trampas Wilderness Valley Hill Road District/Turre Regional Preserve Moraga 199-010-011-5 United States of America Las Trampas Wilderness Western terminus of Regional Preserve Kuss Road, Danville 199-010-012-3 East Bay Regional Park Las Trampas Wilderness Western terminus of District/United States of Regional Preserve Kuss Road, Danville America 098-020-025 and 098-020-026 McAvoy Yacht Harbor LLC Bay Point Regional 1001 McAvoy Road, Shoreline Bay Point

17 REVENUE/COST

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

BACKGROUND

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

ALTERNATIVES

No alternatives are recommended.

18 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS

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

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

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on February 16, 2016; and

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

19 098-020-025 and 098-020-026 McAvoy Yacht Harbor LLC Bay Point Regional 1001 McAvoy Road, Shoreline Bay Point

Moved by Director , and seconded by Director , and adopted this 16th day of February, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

20 AUTHORIZATION TO NEGOTIATE Acquisition, Stewardship & Development Division Date: February 16, 2016

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CONTRA COSTA COUNTY Park/Trail: San Francisco Bay Trail 4 Park/Trail: Las Trampas Wilderness Regional Preserve 1 Owner: State of California Owner: United States of America APN: 401-010-007 APN: 199-010-011-5 Location: Pinole, California Location: Western terminus of Kuss Road, Danville, California

Park/Trail: San Pablo Bay Regional Shoreline Park/Trail: Las Trampas Wilderness Regional Preserve 2 Owner: City of Pinole 5 Owner: East Bay Regional Park District / United States of America APN: 401-010-007 APN: 199-010-012-3 Location: 1 Tennent Avenue, Pinole, California Location: Western terminus of Kuss Road, Danville, California

3 Park/Trail: Las Trampas Wilderness Regional Preserve Park/Trail: Bay Point Regional Shoreline Owner: East Bay Regional Park District/Turre 6 Owner: McAvoy Yacht Harbor LLC APN: 258-450-012 APN: 098-020-025, -026 Location: Valley Hill Road, Moraga, California Location: 1001 McAvoy Road, Bay Point, California

21 O:\GIS\Land\Projects\A2N\A2N-February-16-2016.mxd Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Approval of Out-of-State Travel for Board Member Whitney Dotson to Attend the 2016 Sustainable Trails Conference in Knoxville, TN on March 4-11, 2016 (Clay/Barial Knight)

RECOMMENDATION

It is recommended that the Board of Directors approve out-of-state travel for Board Member Whitney Dotson to attend the 2016 Sustainable Trails Conference in Knoxville, TN on March 4-11, 2016.

REVENUE/COST

Funding is available in existing departmental budgets.

BACKGROUND

The 2016 Sustainable Trails Conference is scheduled for March 4-11, in Knoxville, TN. The Sustainable Trails Conference will offer an opportunity for the worldwide trails community to come together to communicate and experience an inspirational and educational conference. This is the largest gathering of all trail interests who believe their combined voices are the best way to strengthen trails for everyone. The Symposium includes numerous educational sessions covering the broad range of trail issues, internationally prominent speakers, a state- of-the-art, trail-related exhibit hall, informative and interactive mobile workshops.

ALTERNATIVE

No alternatives are recommended.

22 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 02 -

February 16, 2016

APPROVAL OF OUT-OF-STATE TRAVEL FOR BOARD MEMBER WHITNEY DOTSON TO ATTEND THE 2016 SUSTAINABLE TRAILS CONFERENCE IN KNOXVILLE, TN ON MARCH 4 - 11, 2016

WHEREAS, the Sustainable Trails Conference is scheduled for March 4-11, 2016 in Knoxville, TN; and

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

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize Board Member Whitney Dotson to attend the 2016 Sustainable Trails Conference on March 4-11, 2016 in Knoxville, TN; 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 16th day of February 16, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

23 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Execute a Twenty-five Year Management Agreement with the United States Department of the Interior Bureau of Reclamation: Contra Loma Regional Park (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors approve a new 25-year Management Agreement (Agreement) with the United States Department of the Interior Bureau of Reclamation for the continued administration, operation, maintenance and development of recreational uses and facilities at Contra Loma Regional Park, comprised of approximately 780 acres.

COST/REVENUE

Other than the staff time related to executing the agreement, there are no new costs associated with this Agreement. The 2016 District Operations budget associated with Contra Loma Regional Park is $1.4 million, similar to the past few years.

BACKGROUND

The Park District has developed and managed the recreational resources at Contra Loma Dam and Reservoir since 1968 under various management agreements with the United States Department of the Interior Bureau of Reclamation (BOR). These resources include approximately 780 acres of open space, a swim lagoon, picnic areas and recreational trails. Contra Costa County Water District (CCWD) maintains the 80-acre reservoir developed to store potable water for Water District uses. On December 7, 1971 by its Resolution No. 3877, the Park District’s Board of Directors approved entering into a long-term agreement with the BOR for the administration, operation, maintenance and development of recreational uses and facilities at Contra Loma Regional Park. The agreement was executed on September 18, 1972.

There have been various amendments to the original agreement in order to facilitate the use of federal matching funds for recreational opportunities at the park, as well as an agreement with the City of Antioch for management of their Antioch Community Park, located in the

24 northeastern area of Contra Loma Regional Park. The agreement was to terminate on December 31, 2010; however, the BOR and the Park District extended the agreement twice to allow the BOR to complete a Resource Management Plan (RMP) and an Environmental Impact Statement (EIS) for the reservoir site and development of a new 25-year Agreement with the Park District. The most recent extension terminates on December 31, 2016 or upon execution of the new 25-year Agreement, whichever comes first.

During the extension period, Park District staff has worked cooperatively with the BOR, the City of Antioch, CCWD, and the public to complete the “Contra Loma Reservoir and Recreation Area Final Resource Management Plan (RMP)/Final Environmental Impact Statement (EIS),” published by the BOR on September 22, 2014 with a Record of Decision approved in April 2015. The Contra Loma RMP is a 25-year plan intended to guide management of the resources on the subject federal lands comprised of the reservoir and recreation areas. The primary emphasis of the RMP is to protect the quality of Contra Loma Reservoir's water supply, while balancing the management of natural, cultural and recreational resources as requested by the public. The RMP will guide the operations of the 80-acre reservoir managed by CCWD, Contra Loma Regional Park, comprised of approximately 780 acres of surrounding land leased and managed by the Park District, as well as Antioch Community Park, managed by the City.

The RMP/EIS presented three Alternatives, which included the status quo (Alternative 1), enhanced recreation and facilities (Alternative 2), and expanded recreation and facilities (Alternative 3). The Park District requested Alternative 3 be approved as it provides for the opportunity to expand recreational uses and facilities to accommodate increasing demand. Alternative 3 was selected and approved by the BOR per the Record of Decision which documents the BOR’s adoption of Alternative 3. Examples of potential recreational facility expansion include construction of a fishing shelter, a playground structure, a disc golf course, additional trails and enlargement of the swim lagoon. In addition, Alternative 3 provides for the planting of shade trees, installation of shade structures and solar panels, and possible overnight group camping.

Under the 1972 agreement and the new 25-year Agreement, the Park District is responsible for land use management and development, and the operation and maintenance of public recreational facilities at the park. As previously noted, currently the City of Antioch operates and manages Antioch Community Park located in the northeastern portion of Contra Loma under a Reclamation-approved license agreement granted to the City by the Park District in 1985 and amended in 1990. As part of the new Agreement, the Park District, the BOR and the City of Antioch have agreed that the City will enter into its own management agreement with the BOR for operating, maintaining and patrolling Antioch Community Park. As part of the new BOR-Antioch-Park District arrangement, the parties also have agreed to modify the boundary lines between the City’s park and Park District lands in order to accommodate more efficient land use management.

Park Operations staff has reviewed and fully supports the language of the new Agreement. By executing this Agreement, the Park District will have in place a management agreement for operating Contra Loma Regional Park for the next 25 years (through 2041) and the opportunity

25 to expand the recreational opportunities at this unique park.

ALTERNATIVES

No alternatives are recommended.

26 Page Left Blank Intentionally EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

AUTHORIZATION TO EXECUTE A TWENTY-FIVE YEAR MANAGEMENT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION: CONTRA LOMA REGIONAL PARK

WHEREAS, on December 7, 1971 by its Resolution No. 3877, the East Bay Regional Park District’s Board of Directors authorized entering into a long-term management agreement with the United States Department of the Interior Bureau of Reclamation (BOR) for the administration, operation, maintenance and development of recreational uses and facilities at Contra Loma Reservior; and

WHEREAS, on September 18, 1972 the BOR and the Park District entered into said agreement; and

WHEREAS, the 1972 agreement has been amended numerous times and was recently extended to December 31, 2016 to provide the BOR time to complete, with the cooperation of the Park District, the City of Antioch, Contra Cost Water District, and the public, a Resource Management Plan (RMP) and an Environmental Impact Statement (EIS) for the reservoir site and to develop a new long-term agreement (Agreement) for the administration, operation, maintenance and development of recreational uses and facilities at Contra Loma Reservoir by the Park District; and

WHEREAS, the Final RMP and EIS were adopted on September 22, 2014, followed by a BOR Record of Decision approved in April 2015; and

WHEREAS, the primary emphasis of the RMP is to protect the quality of Contra Loma Reservoir's water supply, while balancing the management of natural and cultural resources with enhancements to recreational uses within Contra Loma; and

WHEREAS, the RMP is a 25-year plan to guide the operations at the recreation area consisting of the 80-acre Contra Loma Reservoir, maintained by the Contra Costa Water District; Contra Loma Regional Park, comprised of approximately 780 acres of surrounding land leased and managed by the Park District; and Antioch Community Park, located in the northeastern portion of Contra Loma and operated by the City of Antioch; and

WHEREAS, the Record of Decision documents the BOR’s adoption of Alternative 3 as presented in the RMP/EIS. Under Alternative 3, the management direction would be shifted toward expansion of recreational uses and facilities; and

27 WHEREAS, as part of the new Agreement, the Park District, City of Antioch and BOR have mutually agreed that the City of Antioch will enter into its own management agreement with the BOR for the operation, maintenance and patrol of Antioch Community Park; and

WHEREAS, as part of the new BOR-Antioch-Park District arrangement, the parties have mutually agreed to modify the boundary lines between the City’s park and Park District lands in order to accommodate more efficient land use management amongst and between the three operating agencies;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to enter into a new long-term management Agreement with the BOR for the administration, operation, maintenance and development of recreational uses and facilities at Contra Loma Dam and Reservoir; 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 this 16th day of February, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

28 29 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Execute a Consulting Services Contract with Interactive Resources, Inc. for the Service Yard Replacement Project: Point Pinole Regional Shoreline (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a consulting services contract with Interactive Resouces, Inc. of Richmond, California (Interactive Resources) in the amount of $201,400 for the Service Yard Replacement Project at the Point Pinole Regional Shoreline.

REVENUE/COST

Funding for the consulting services contract is available in the project budget.

SOURCE OF FUNDS Project #173500: Replace Service Yard $ 2,160,000 Encumbrances and Expenditures to Date (78,726) Balance $ 2,081,274

USE OF FUNDS Consulting Services Contract ($ 201,400)

BALANCE REMAINING $ 1,879,874

BACKGROUND

The project involves designing and constructing a new service yard facility at the Point Pinole Regional Shoreline. The new service yard will replace the existing service yard which is out- dated and damaged from a previous fire. The replacement service yard will be located in the vicinity of the new park improvements being constructed as a part of the current Atlas Road Bridge project. The new service yard will also be provided with utility services which the current facility does not have.

30 The project is currently in the design phase. A Requests for Qualifictions (“RFQ”) for design services was issued on October 7, 2015 and thirteen Statement of Qualifications (“SOQs”) were received by the November 4, 2015 deadline. Five firms were shortlisted and requested to provide additional information and project proposals. In addition, the five firms made presentations to and were interviewed by a selection committee comprised of District staff. The presentations/interviews took place on December 14, 2015 and Interactive Resources was determined to be the highest ranked firm.

The consultant’s scope of services include architectural and engineering design, preparing construction and bid documents, cost estimating, and construction administration services during the construction phase. Contract terms and conditions have been successfully negotiated with Interactive Resources and staff recommends awarding the consulting services contract to them.

CALIFORNIA ENVIRONMENTAL QUALITY ACT

The City of Richmond has confirmed that the proposed service yard project is compatible with the District’s existing 1998 Land Use Plan Amendment and 1998 Negative Declaration. As necessary, the project will conform to any applicable mitigation measures as outlined in the Negative Declaration.

ALTERNATIVES

No alternatives are recommended.

31 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 –

February 16, 2016

AUTHORIZATION TO EXECUTE A CONSULTING SERVICES CONTRACT WITH INTERACTIVE RESOURCES, INC. FOR THE SERVICE YARD REPLACEMENT PROJECT: POINT PINOLE REGIONAL SHORELINE

WHEREAS, the East Bay Regional Park District is proposing a new service yard facility to replace the existing inadequate service yard facility at Point Pinole Regional Shoreline in Richmond, California; and

WHEREAS, the District advertised a Request For Qualifications for consulting services which includes architectural and engineering design, preparing construction and bid documents, cost estimating, and construction administration services during the construction phase; and

WHEREAS, thirteen (13) firms submitted Statements Of Qualification; and

WHEREAS, the District requested proposals from five qualified firms. After evaluating the firms, the District has determined Interactive Resources, Inc. of Richmond, California (Interactive Resources) to be the highest ranked firm, and has successfully negotiated contract terms and conditions including a fee of $201,400;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes a consulting services contract with Interactive Resources, in the amount of $201,400 from Project #173500; and

Moved by Director , seconded by Director and approved this 16th day of February, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT

32 33 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Enter into a Professional Services Contract with Laura McCreery to Conduct An Executive Oral History for EBRPD General Manager Robert E. Doyle (Johnson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a professional services contract with Laura McCreery, U.C. Berkeley Institute of Governmental Studies, in the amount of $27,500 to perform research and preparation of an oral history for East Bay Regional Park District General Manager Robert E. Doyle, who has also been a longtime employee for over 35 years.

REVENUE COST

Funding for this project is available in the Public Affairs Division’s 2016 Professional Services Budget. In 2015 the Board approved a similar project for the oral history of the General Manager; however, that contract was redirected to complete the oral history of the retiring AGM of Finance & Management Services, Dave Collins.

BACKGROUND

Documenting the history of the people and places associated with the East Bay Regional Park District is an essential component to archiving the legacy of the agency’s substantial impact on the footprint of the Bay Area.

The Board of Directors has indicated that oral histories of relevant and notable individuals with knowledge about parkland interests should be priorities for the District’s Oral History Program. EBRPD General Manager Robert E. Doyle is a long-tenured senior executive who has played a significant role in the growth and development of the Park District well over the past three decades, and has served as the General Manager for the past four years.

For many years EBRPD has worked closely with Laura McCreery in her capacity as Oral History Project Director with the Institute of Governmental Studies. Her recent work

34 focusing on the District has included authoring Living Landscape in 2010, chronicling the extraordinary rise of the East Bay Regional Park District. Additionally, she has invested thousands of hours producing oral histories of several past and present Board Members and senior executive staff. Ms. McCreery is a professional resource with extensive knowledge on the history of the East Bay Regional Park District. Through her work, she has become a trusted colleague with many staff and Board directors.

Since the District’s founding over 80 years ago, the University of California has been a central institutional partner to EBRPD, including its association through University President Robert Gordon Sproul and University Alumni President Robert Sibley. Both Mr. Sproul and Mr. Sibley participated and were instrumental in the founding of EBRPD and served on the EBRPD Board of Directors (Mr. Sproul 1958-1967; and Mr. Sibley 1948-1958).

The University’s Institute of Governmental Studies has long been the trusted repository of information relevant to the District’s history and its leaders. Current oral histories on file at this library include: Directors Ted Radke, Carol Severin, Doug Siden, and John Sutter; General Managers William Penn Mott, Richard Trudeau, and Pat O’Brien, and senior executives Jerry Kent, Hulet Hornbeck and Rosemary Cameron. In final stages of completion are oral histories of Directors Ayn Wieskamp, Beverly Lane, and Whitney Dotson; and Ted Radosevich, District Legal Counsel, Michael Anderson, retired Assistant General Manager of Planning, Stewardship, Design and Construction, and Dave Collins, Assistant General Manager of Finance & Management Services, which will be held alongside the others mentioned at the Bancroft Library.

The cost of this project is $27,500, and will include research, interview, collection of corresponding imagery, writing/transcription and completed copies for the employee and for EBRPD archives. Completed and final approved published books will remain in perpetuity at the UC Berkeley Bancroft Library, in care of the Institute of Governmental Studies, alongside other EBRPD executive histories.

Staff liaison for these executive oral histories will be coordinated by Carol Johnson, AGM of Public Affairs.

ALTERNATIVES

The Board could decide to reject this proposal. This alternative is not recommended.

35 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 –

February 16, 2016

AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH LAURA MCCREERY TO CONDUCT AN EXECUTIVE ORAL HISTORY FOR EBRPD GENERAL MANAGER ROBERT E. DOYLE

WHEREAS, documenting the history of the people and places associated with the East Bay Regional Park District is an essential component to archiving the legacy of the agency’s substantial impact on the footprint of the Bay Area; and

WHEREAS, the Board of Directors has indicated that oral histories of relevant and notable individuals with knowledge about parkland interests should be priorities for the District’s Oral History Program; and

WHEREAS, East Bay Regional Park District executive oral histories produced under the direction of Laura McCreery, Oral History Project Director, remain in perpetuity at the Bancroft Library in care of the Institute of Governmental Studies at the University of California;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves a professional services contract with Laura McCreery to perform research and prepare an oral history for EBPRD General Manager Robert E. Doyle, in 2016 at a cost not to exceed $27,500; and

Moved by Director , seconded by Director , and approved this 16th day of February, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

36 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Approve Amendment and Restatement of the East Bay Regional Park District’s General Employees and Sworn Safety Employees Retirement Plan to Conform to Internal Revenue Service (IRS) Regulations (Beshears/Doyle)

RECOMMENDATION

The General Manager and the Board Executive Committee recommend that the Board of Directors approve the proposed amendment and restatement to the East Bay Regional Park District General Employees and Sworn Safety Employees Retirement Plans. The restatements bring the retirement plans into compliance with IRS code and regulations.

REVENUE/COST

The cost to restate the East Bay Regional Park District (EBRPD) Retirement Plans and to file the appropriate documentation with the IRS will be approximately $12,000, and has been budgeted in account 101-2210-000-6191. No benefits are being added to the EBRPD Retirement Plans.

BACKGROUND

The District established the East Bay Regional Park District (EBRPD) Retirement Plans for General Employees and Sworn Safety Employees. The EBRPD Retirement Plans are currently closed to employees hired after January 1, 2001 and all new employees are covered under the California Public Employees’ Retirement System (CalPERS) Plan. District employees and current participants that elected to remain in the EBRPD Retirement Plans are covered under the Plan Agreements.

These Plans are defined benefits that are subject to the IRS code. The District has not had the EBRPD Retirement Plans fully reviewed for IRS compliance in five years. The District obtained the services of Chang, Ruthenberg & Long, a law firm specializing in employee benefits in the public sector to ensure that the EBRPD Retirement Plans are fully compliant, and to receive a current IRS Letter of Determination. The firm reviewed the plan documents, created the list of proposed amendments, and restated the EBRPD Retirement Plans.

37 The proposed restated plans include amendments adopted since the previous restatements. There were no major plan changes in the restatements. The following changes are included in the restatements: 1. The Recitals were updated to include the various amendments that have been adopted since the last restatements and stating that the restatements are adopted for the purpose of submitting the plans to the IRS requesting the issuance of favorable determination letters. 2. The effective date of each restatement is January 1, 2016. 3. Section 2.22 of the General Employees Plan was revised to include the Internal Revenue Code reference to non-highly compensated workforce. 4. Sections 3.08, 3.09 and 12.01 were revised to include the updated Revenue Procedure applicable to the Employee Plans Compliance Resolution System. 5. Section 7.05 of the Sworn Safety Plan and section 7.06 of the General Employees Plan were revised to include the PEPRA reference to Felony Convictions and Forfeitures of Benefits referenced in section 13.02.

The District met and reviewed the proposed amendments with the leadership of both AFSCME Local 2428 and the Police Association.

ALTERNATIVES

None are recommended.

38 EAST BAY REGIONAL PARK DISTRICT

Resolution No.: 2016 – 02 -

February 16, 2016

APPROVE AMENDMENT AND RESTATEMENT OF THE EAST BAY REGIONAL PARK DISTRICT’S GENERAL EMPLOYEES AND SWORN SAFETY EMPLOYEES RETIREMENT PLAN TO CONFORM TO INTERNAL REVENUE SERVICE (IRS) REGULATIONS

WHEREAS, the East Bay Regional Park District (the “Employer”) established the East Bay Regional Park District General Employees and Sworn Safety Employees Retirement Plans for the exclusive benefit of eligible employees and their beneficiaries (the “EBRPD Plans”); and

WHEREAS, the Employer wishes to keep the EBRPD Plans fully compliant with IRS code and regulations; and

WHEREAS, pursuant to Section 12.1 of both EBRPD Plans, the Board of Directors reserves the right to amend the EBRPD Plans;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the amendment and restatement of the General Employees and Sworn Safety Employees Retirement Plans effective January 1, 2016.

Moved by Director , seconded by Director , and approved this 16th day of February, 2016, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

39 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Appropriate Asset Forfeiture Funds and Approve the Sole Source Purchase/Upgrade of Seventy-Five (75) Personal Video Cameras from Vievu, Inc.: Public Safety Division (Brede/T. Anderson)

RECOMMENDATION

The General Manager recommends the Board of Directors appropriate funds previously received through asset forfeiture proceedings and utilize existing funds in the Public Safety budget to approve the sole source purchase/upgrade of seventy-five (75) personal video cameras from Vievu, Inc. of Seattle, Washington in the amount of $50,184, including tax and shipping.

REVENUE/COST

SOURCE OF FUNDS Appropriate: From Police Department Asset Forfeiture Distribution Fund $ 92,936 Restricted Fund Balance (260-0000-000-2814) To Police Department Asset Forfeiture Account $ 30,000 (260-8120-898-5371) Balance $ 62,936 Police Department Small Tools/Equipment Account $ 20,184 (101-8210-000-5371) ______Total Sources $ 50,184

USE OF FUNDS Base Price for Personal Video Cameras $ 67,497 Less: Camera trade in for Vievu LE4 -22,500 Shipping 125 Tax 5,062

Total Proposed Appropriation $ 50,184

40 BACKGROUND

The District’s police officers have been equipped with body-worn cameras since 2008. The body-worn camera allows officers to make audio/video recordings while making contacts and arrests in the field. The Police Department has had considerable success in utilizing these cameras to document assaults on officers, appropriate uses of force, suspect confessions, and documentation of enforcement stops. The cameras also protect District officers against frivolous complaints. The Police Department frequently utilizes videos captured by the body- worn cameras for training purposes for new and in-service officers. American law enforcement generally is heading in the direction of having body-worn cameras a standard piece of law enforcement equipment; however the District implemented this technology years before this trend. The District stores data collected by the body-worn cameras on a secure District server in accordance with standard evidence collection policies consistent with District record retention policies.

Staff has utilized the Vievu brand cameras since acquiring them. The Vievu camera is lightweight, worn on the officer’s uniform and provides a video recording that is superior in quality and resolution than other market products. Our current Vievu model (LE-3), is not capable of pre and post event recording (e.g. 30 seconds prior to and after the unit is activated). The new model, (LE-4), offers feature this as well as an upgraded, wider-range field of view, a full-shift battery (providing over 12 hours of continuous recording), and a higher video resolution. These cameras will also be utilized in narcotics enforcement investigations and arrests commonly encountered by District officers, recordings of which are provided to the District Attorney for criminal prosecution purposes.

Vievu, Inc. of Seattle, Washington, is recommended as the sole source supplier as they have proven to be a reliable tool for our agency for the last eight years and are used by are used by over 4000 police agencies worldwide. Vievu, Inc. has provided a quote of approximately $75,000 for replacement cameras, but has offered the District a one-time, trade-in program for our existing LE-3 units of $22,500. As our original provider of this equipment, we currently utilize their proprietary software to control access to and distribution of the video recording evidence. Thus no new training or software adjustments to the District’s evidence server are warranted.

ALTERNATIVES

The Board of Directors could choose not to approve the purchase/upgrade of the personal video cameras. This option is not recommended by staff.

41 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

AUTHORIZATION TO APPROPRIATE ASSET FORFEITURE FUNDS AND APPROVE THE SOLE SOURCE PURCHASE/UPGRADE OF SEVENTY-FIVE (75) PERSONAL VIDEO CAMERAS FROM VIEVU, INC: PUBLIC SAFETY DIVISION

WHEREAS, the District desires to maintain a professional police department that is equipped with the most appropriate equipment to provide safe and accountable law enforcement service; and

WHEREAS, partial funding is available to purchase small personal cameras for police department officers in Account 101-8210-000-5371 and the restricted fund balance of the Asset Forfeiture Distribution Fund; and

WHEREAS, Vievu, Inc. produces a small personal camera that fulfills the District’s needs for a portable camera for officers for use during routine and drug enforcement activities;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the purchase of seventy-five (75) personal video cameras from Vievu, Inc. of Seattle, Washington in the amount of $50,183.47, including tax and shipping and;

BE IT FURTHER RESOLVED that the Board of Directors authorize the appropriation of $30,000 from the Asset Forfeiture Distribution Fund restricted fund balance 260-0000-000- 2814 to Account 260-8210-898-5371 for said purchase, as outlined on the attached Budget Change Form, and

Moved by Director, seconded by Director and approved this 16th day of February 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

42 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Projects Between Fund Sources From Another Department DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Asset Forfeiture Distribution Fund-Public Safety- Other Forfeiture Funds-Supplies

Acct# 260-8120-898-5371 $ 30,000 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on February 16, 2016 the General Manager recommends that the Board of Directors authorize the appropriation of $30,000 fund balance from the Asset Forfeiture Distribution Fund, restricted fund balance #2814, to allow Public Safety to purchase new cameras.

As approved at the Board of Directors Meeting on: Date: 2/16/2016 Board of Directors Resolution Number: 2016-02- Posted By: Date: Signature

43 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Transfer and Appropriate Asset Forfeiture Funds, Transfer Public Safety Budgeted Funds, Accept Donation and Appropriate Funds from Regional Parks Foundation, and Purchase Replacement Mobile Incident Command Vehicle from Lynch Diversified Vehicles: Public Safety Division (McCrystle/Brede/Anderson)

RECOMMENDATION

The General Manager recommends the Board of Directors transfer and appropriate funds previously received through asset forfeiture proceedings, accept donation and appropriate funds from the Regional Parks Foundation and transfer Public Safety Budgeted funds to authorize the purchase of a new Mobile Incident Command Vehicle from Lynch Diversified Vehicles (LDV) of Burlington, WI., in the amount of $324,033 including tax.

REVENUE/COST

The sum of several funding sources as listed below will provide the funds necessary for the purchase of a new Mobile Incident Command Vehicle, Project # 174500.

SOURCE OF FUNDS Mobile Incident Command Vehicle Project #174500 $145,000 Board Resolution 2013-11-250 (Account 333-8120-000-7505-174500)

Transfer and appropriate to Project # 174500: Police Department Narcotics Asset Forfeiture Fund Restricted fund balance 55,000 (From Account 260-0000-000-2814)

2016 Police Department GF Supplies 49,033 (From Account 101-8210-000-5XXX)

Accept donation and appropriate to project #174500: Regional Parks Foundation Grant- Tesoro Corporation 75,000

44 Total Proposed Appropriation $324,033

USE OF FUNDS Purchase of Mobile Incident Command Vehicle from Lynch Diversified Vehicles $324,033 (Account 333-8120-000-7505-174500)

BACKGROUND

The District acquired a surplus 1989 Fleetwood Motorhome from the Oakland Fire Department slated for auction in 2000. District staff arranged for the vehicle to be refurbished and outfitted with the communications equipment to serve as a mobile emergency incident command post. It has been utilized since then but has become effectively unserviceable and plagued with mechanical issues.

In November of 2013, the Board approved Resolution 2013–11–250 moving forward with the purchase of a replacement mobile incident command vehicle (MIC). A capital project account was established (333-8120-000-7505-174500), and staff has been working towards identifying a vendor through market research. Staff developed specifications for the MIC that meet the specific needs of the District and comply with the minimum standards recommended by the International Association of Chiefs of Police. After review by the District’s Legal Department, staff issued an RFP and subsequently completed interviews with bidder vendors. It was determined that additional funding was needed to complete the MIC replacement project. Staff has identified funding for the project through the sources listed above.

The District received a total of four proposals ranging from, $254,965 to $379,296. After reviewing the proposals, staff recommended that three vendors met the specifications and were invited to be interviewed to present comprehensive proposals. These vendors included:

 Farber Specialty Vehicles Quote: $297,882.00 Reynoldsburg, OH

 The Armored Group, LLC Quote: $254,965.00 Plano, TX

 Lynch Diversified Vehicles (LDV) Quote: $298,648.00 Burlington, WI

Staff listened to all of the proposals and scored the proposals based criteria which met the District’s objectives. After scoring the proposals, staff compared their results and ranked the vendors in the following preferred order:

#1: Lynch Diversified Vehicles (LDV) #2: Farber Specialty Vehicles #3: The Armored Group, LLC

Lynch Diversified Vehicles (LDV) is being recommended by staff to be awarded the contract. LDV provided the most comprehensive proposal and most desirable timeline. LDV has

45 successfully designed and built over 20,000 diverse specialty vehicles during their 35 years in the Mobile Specialty Vehicle Business. LDV has provided such vehicles through GSA contract to Local, State, and Federal Government customers since 1993. LDV builds and delivers 50 to 60 of these vehicles a year and maintain a complete inventory of the parts required to build, service and maintain the vehicle. Many other manufacturers only build a handful of these units per year and do not stock a sufficient inventory of parts for a quick response to service and maintenance needs.

The MIC described in the District’s RFP is a standard product for LDV and their proposed specifications include all of the necessary wiring and components needed to provide a complete, turn-key command vehicle. Additionally LDV engineers reviewed the RFP specifications and performed payload and power calculations to confirm the vehicle they are proposing is built on the proper GVWR chassis meeting California DMV specifications and has a generator system that will provide the power required to operate the incident command vehicle and all onboard equipment.

The Police Department receives funds annually from the federal and state asset forfeiture process as a result of the District’s drug enforcement activities. Assets that are seized during the course of narcotics investigations can be forfeited and turned over to law enforcement agencies and the District Attorney’s Offices for use in narcotics enforcement if so ordered by the Court. Over the past several years, the District has been the recipient of funds in accordance with this procedure. Pursuant to both federal and state laws, these funds are deposited in a special account and cannot be co-mingled with the General Fund. These accounting practices have been adhered to by the District. Expenditures made by utilizing these funds must be approved by the District’s governing body.

ALTERNATIVES

The Board of Directors could choose not to approve the replacement of the MIC vehicle. This option is not recommended by staff.

46 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 –

February 16, 2016

AUTHORIZATION TO TRANSFER AND APPROPRIATE ASSET FORFEITURE FUNDS, TRANSFER PUBLIC SAFETY BUDGETED FUNDS, ACCEPT DONATION AND APPROPRIATE FUNDS FROM REGIONAL PARKS FOUNDATION, AND PURCHASE REPLACEMENT MOBILE INCIDENT COMMAND VEHICLE FROM LYNCH DIVERSIFIED VEHICLES: PUBLIC SAFETY DIVISION

WHEREAS, the District desires to maintain a professional public safety division that is equipped with the most appropriate equipment to provide safe and accountable service; and

WHEREAS, funding has been identified by several sources including a donation from the Regional Parks Foundation, asset forfeiture funds and funds existing in the District budget; and

WHEREAS, Lynch Diversified Vehicles (LDV) has the experience and capabilities to provide the East Bay Regional Park District with a mobile incident command vehicle built to the highest quality that will meet our needs for major incidents, crime scenes, disasters and use during routine and drug enforcement activities;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the purchase of a new Mobile Incident Command Vehicle from Lynch Diversified Vehicles, in the amount of $324,033 including tax and licensing and;

BE IT FURTHER RESOLVED that the Board of Directors accepts a donation of $75,000 from the Regional Parks Foundation by Tesoro Corp.; authorizes the transfer and appropriation of $55,000 from the Asset Forfeiture restricted fund balance 260-0000-000-2814 and the transfer of $49,033 from Police Department Supplies Account 101-8210-000-5XXX; and encumber $145,000 from the Mobile Incident Command Vehicle Project Account 333-8120- 000-7505-174500 for the purchase of a new mobile incident command vehicle as noted in the attached Budget Change Form and;

Moved by Director, seconded by Director and approved this 16th day of February 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

47 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation X Between Funds X Between Fund Sources From Another Department DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT Account Name: Expense: General Fund- Account Name: Expense: Capital Fund- Public Safety-District Wide-Safety Public Safety-District Wide-Captial Supplies/equipment Rolling Stock / Replace Incident Command Vehicle-Asset Forfeiture Distribution Fund-Contract

Acct# 333-8210-000-7505 / 174500 Acct# 101-8210-000-5111 $ 12,000 DAFD-372 $ 55,000 Account Name: Expense: General Fund- Account Name: Expense: Capital Fund- Public Safety-District Wide-Safety Public Safety-District Wide-Captial Personal Protective Equipment Rolling Stock / Replace Incident Command Vehicle-General Fund- Contract Acct# 333-8210-000-7505 / 174500 DS10- Acct# 101-8210-000-5113 37,033 372 49,033 Account Name: Expense: Capital Fund- Public Safety-District Wide-Captial Rolling Stock / Replace Incident Command Vehicle-Asset Forfeiture Distribution Fund-Contract Acct# 333-8210-000-7505 / 174500 GLP1-372 75,000 TRANSFER OUT AMOUNT TRANSFER IN AMOUNT Account Name: Transfer Out: Asset Account Name: Transfer In: Capital Forfeiture Distribution Fund-Non- Fund-Non-Departmental-District Wide- Departmental-District Wide-Transfer Out Transfer In

Acct# 260-9110-000-9980 $ 55,000 Acct# 333-9110-000-3980 $ 55,000 Account Name: Transfer Out: Asset Account Name: Transfer In: Capital Forfeiture Distribution Fund-Non- Fund-Non-Departmental-District Wide- Departmental-District Wide-Transfer Out Transfer In

Acct# 260-9110-000-9980 $ 49,033 Acct# 333-9110-000-3980 $ 49,033 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on February 16, 2016 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $55,000 from the Asset Forfeiture Distribution Fund, restricted fund balance #2814, to augment the project budget 174500 to purchase a new incident command vehicle. In addition the General Manager recommends that the Board of Directors authorize the acceptance and appropriation of funds from the Regional Parks Foundation and a transfer of General Fund supplies budget to cover all costs related to receipt of the vehicle.

As approved at the Board of Directors Meeting on: Date: 2/16/2016 Board of Directors Resolution Number: 2016-02- Posted By: Date: Signature

T:\BOARDCLK\BOARD MATERIAL\2016\3 - February 16, 2016\S Drive\Proj 174500 Incident Command Vehicle

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Award a Contract to R&M Paving Contractors, Inc. for Redwood Service Yard Paving Project: Redwood Regional Park (Barrington/ O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to accept the bid and execute a contract from R&M Paving Contractors, Inc. of Milpitas, California for paving the Redwood Service Yard at Redwood Regional Park.

REVENUE/COST

The Board appropriated funding for the purpose of maintaining and preserving the District’s network of asphalt paved roads, regional trails, and parking areas. The current project includes funding from Project #520700 (Pave Roads and Trails).

SOURCE OF FUNDS: Pave Roads and Trails #520700 $ 734,540 BALANCE AVAILABLE $ 734,540

USE OF FUNDS: R&M Paving Contractors, Inc. Base Bid Price $ 77,000 Other costs including contingency $ 20,000 Total Encumbrance $ 97,000

BALANCE REMAINING $ 637,540

BACKGROUND

The Board of Directors and staff are committed to preserving and maintaining the District’s existing infrastructure. An important component of this infrastructure is the District’s network of paved roads, trails, and parking lots. This project will be recycling the existing asphalt, and

49 regrading and paving the Redwood Service yard. The average PCI of the yard is 25. The sections PCI’s will increase to 100 after the project is completed. This project is included in the ongoing District-wide Pavement Maintenance and Preservation Program (PMPP).

The Notice to Bidders was published on January 7, 2016 in the McGraw Hill Construction Plan Room. Ten firms purchased Bid Documents and seven firm’s submitted bids on Thursday, January 28, 2016, as follows:

Plan Holder Base Bid Total

R&M Paving Contractors Inc. $77,000

Asphalt Surfacing Inc. $93,150

American Asphalt $97,671

Breneman Inc. $109,593

Silicon Valley Paving $113,875

Alaniz Construction $122,016

Galeb Paving Inc. $141,160

Staff’s cost estimate for this project was $100,000.

The bid submitted by R&M Paving Contractors, Inc. of Milpitas, California met the specifications and conditions for the project; therefore, R&M Paving Contractors, Inc. is the lowest responsible bidder.

ALTERNATIVES

None are recommended.

50 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

AUTHORIZATION TO AWARD A CONTRACT TO R&M PAVING CONTRACTORS, INC. FOR REDWOOD SERVICE YARD PAVING PROJECT: REDWOOD REGIONAL PARK

WHEREAS, the District has included funding in its 2016 Budget for the purpose of managing, maintaining, and preserving the District’s pavement infrastructure; and

WHEREAS, the asphalt repairs for Redwood Service Yard Paving Project are included in the ongoing District-wide Pavement Maintenance and Preservation Program (PMPP); and

WHEREAS, funds are available in project account #520700 (Pave Roads and Trails); and

WHEREAS, requests for bids for the Redwood Service Yard Paving Project, were solicited and received: and seven firms submitted qualified bids of which, R&M Paving Contractors, Inc. of Milpitas, was the lowest responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract to R&M Paving Contractors, Inc. of Milpitas California, for a grand total not to exceed $77,000, and authorization for other costs including contingency up to $20,000 from funds available in project 520700 Pave Roads and Trails; and

Moved by Director , seconded by Director , and adopted this 16th day of February, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

51 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

l. Authorization to Amend the Sole Source Contract with Condor Earth Technologies to Provide Engineering Services and Construction Monitoring for the Pillar B Stabilization Improve Mine Shaft Project: Black Diamond Mines Regional Preserve (Ragatz/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an amended contract with Condor Earth Technologies, a sole source contract, for the increased scope of work needed for the Pillar B stabilization, Improve Mine Shaft Project at Black Diamond Mines Regional Preserve.

REVENUE/COST

Funds are available for the Condor Earth Technologies contract amendment for the increased scope of work needed for the Pillar B stabilization in the Improve Mine Shaft Project #121002 for $11,953, increasing the total contract amount to $29,773.

SOURCE OF FUNDS: Improve Mine Shaft Project (#121002) $ 280,000 Expended/Encumbered as of 01/27/2016 (153,214) Balance Available $ 126,787

PROPOSED USE OF FUNDS: Improve Mine Shaft Project (#121002) (11,953) Balance Remaining $ 114,834

BACKGROUND

On January 23, 2015, the District entered into a sole source Contract for Services with Condor Earth Technologies, not to exceed $17,820 Project #121002, to provide engineering services and construction monitoring for the installation of rock bolts, shotcrete, and associated reinforcement

52 associated with the stabilization of pillar “B”. The rock fall that occurred on June 9, 2015, required changes to the construction work plan, and engineering design, moving the locations of rock bolts and adding additional structural elements to the original design. The initial contract for services in the amount of $17,820 needs to be increased by $11,953, available in Project #121002, for a total of $29,773.

The District has worked with Condor Earth Technologies for numerous projects including the previous work done on the Pillar B stabilization project. Due to the extent of knowledge and experience possessed specific to this project, it is recommended Condor Earth Technologies be used to perform the amended scope of work as described above. Contracts over $25,000 require approval from the District’s Board of Directors.

District Counsel has reviewed the justification and has approved this as a sole source contract.

ALTERNATIVE

No alternative is recommended.

53 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

AUTHORIZATION TO AMEND THE SOLE SOURCE CONTRACT WITH CONDOR EARTH TECHNOLOGIES TO PROVIDE ENGINEERING SERVICES AND CONSTRUCTION MONITORING FOR THE PILLAR B STABILIZATION IMPROVE MINE SHAFT PROJECT: BLACK DIAMOND MINES REGIONAL PRESERVE

WHEREAS, additional work is required due to changes to the Pillar B Stabilization construction work plan and engineering design, moving the locations of rock bolts, and adding additional structural elements to the mine repair original design; and

WHEREAS, Condor Earth Technologies has done numerous projects for the District including the previous work done on the Pillar B stabilization, and District Counsel has reviewed and concurs with the sole source recommendation to complete the project; and

WHEREAS, contracts over $25,000 require approval from the District’s Board of Directors; and

WHEREAS, the initial contract for services in the amount of $17,820 needs to be increased by $11,953, available in Project #121002, for a total of $29,773;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes and amends the sole source contract with Condor Earth Technologies by $11,953 for the Pillar B stabilization project for a total contract cost of $29,773; and

Moved by Director , seconded by Director , and approved this 16th day of February, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

54 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Approval of the District’s 2016 Investment Policy (Zenoni/Auker)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote on January 27, 2016) recommend that the Board of Directors approve the 2016 Investment Policy for District funds.

REVENUE/COST

There is no cost associated with this item.

BACKGROUND

In accordance with the Board Operating Guidelines (Section VIII K.1), the District’s Investment Policy is reviewed annually by the Board Finance Committee and recommended to the full Board of Directors for approval. The investment of District funds is governed by the California Government Code (Sections 53600-53610). The Government Code prescribes the permitted investments in which public agencies may invest available funds.

The purpose and objective of the Investment Policy is to provide guidance and direction for the prudent investment of District funds within the parameters set by the Government Code. The guiding principles for the investment of public funds are safety, liquidity, and yield – in that order. Safety ensures that the funds are invested in high quality securities. Liquidity ensures that funds will be available when needed to meet ongoing operating and capital costs. Once the principles of safety and liquidity are met, the District strives to obtain a market rate of return on invested funds to maximize interest earnings.

Staff has reviewed the current Investment Policy with both of the District’s investment managers (Public Financial Management (PFM) and Insight Investments (formerly Cutwater)). Based upon that review, two amendments to the current investment policy are recommended to reflect changes to the California Government Code. The proposed changes are noted in red on the attached draft Investment Policy and include the following:

1) The addition of “Supranationals” as a permitted investment as provided in Section 53601(q) of the California Government Code as amended effective January 1, 2015. The

55 amendment to the Government Code permits local agencies to invest in the senior debt obligations of three supranational issuers which are headquartered in the United States - the International Bank for Reconstruction and Development, the International Finance Corporation and the Inter-American Development Bank. Supranationals are multilateral lending institutions that provide development financing, advisory services, and other financial services to their member countries to promote improved living standards through sustainable economic growth. To qualify as a permitted investment, the supranational must be denominated in U.S. dollars, have a credit rating of “AA” or better by a Nationally Recognized Statistical Rating Organization (NRSRO) and may not exceed 30 percent of the District’s investment portfolio. This proposed change is reflected on page 8 (Section 9.12) and page 14 (Glossary of Investment Terms and Instruments.) of the 2016 draft Investment Policy.

2) The current Investment Policy states that the District will not invest in instruments whose maturities exceed five years at the time of trade settlement. In accordance with the provisions of Section 53601 of the Government Code, it is recommended that language be added to the District’s Investment Policy which provides flexibility for an investment maturity beyond five years for a specific purpose if approved by the Board of Directors at least three months before the investment is made. This proposed change is reflected on page 9 (Section 12) of the 2016 draft Investment Policy. This provision could be utilized in the future to increase interest earned on certain endowment funds which the District holds in perpetuity.

The proposed revisions to the District’s Investment Policy were reviewed with the Finance Committee on January 27, 2016. The Finance Committee directed staff to present this information to the Board of Directors for acceptance.

ALTERNATIVES

There are none recommended.

ATTACHMENTS

A. Resolution B. 2016 Investment Policy with proposed changes in “redline”

56 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

APPROVAL OF THE DISTRICT’S 2016 INVESTMENT POLICY

WHEREAS, pursuant to Board Operating Guidelines the Board of Directors shall annually review and approve all changes to the District’s Investment Policy, as recommended by the Board Finance Committee; and

WHEREAS, the Board Finance Committee reviewed this item at their meeting on January 27, 2016, and unanimously recommended favorable consideration of this item by the Board of Directors; and

WHEREAS, management responsibility for the District’s investment program is delegated annually by the Board of Directors to the Chief Financial Officer/Controller pursuant to the Investment Policy; and

WHEREAS, the Investment Policy is in compliance with Government Code requirements.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby delegates responsibility for the District’s investment program to the Chief Financial Officer/Controller and approves the attached 2016 Investment Policy, which is effective for the 2016 Fiscal Year and until amended, and

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

Moved by Director, seconded by Director , and adopted this 16th day of February, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

57 Page Left Blank Intentionally EAST BAY REGIONAL PARK DISTRICT 2016 INVESTMENT POLICY

1. PURPOSE & POLICY

1.1 The purpose of this Investment Policy for the East Bay Regional Park District (the District) is to provide guidance and direction for the prudent investment of District funds, and to foster the creation of a systematic and controlled investment process. The ultimate goal is to maximize the efficiency of the District’s cash management system, and to enhance the economic status of the District while protecting its pooled cash. The initial step toward a prudent investment policy is to set out a clear statement of fundamental investment direction.

1.2 The District policy is to invest public funds in a prudent manner, providing the highest yield with the maximum security of principal invested, while also meeting the daily cash flow requirements of the District. Also, the District’s policy is to conform to all applicable federal, state, and local statutes governing the investment of public funds.

2. SCOPE

This Investment Policy applies to all financial assets of the District, excluding: (a) retirement funds held by trustees, but accounted for in the District’s general ledger as a trust fund; (b) OPEB funds held by trustees, but accounted for in the District’s general ledger as a trust fund, (c) employee deferred compensation funds held in a trust and not considered financial assets of the District, and; (d) bond proceeds, the investment of which shall be governed by the provisions of the related bond indentures or resolutions. Financial assets are reported in the District’s Comprehensive Annual Financial Report, and are accounted for in the following funds:

General Fund Special Revenue Funds Capital Project Funds Debt Service Funds Internal Service Funds Permanent Funds Any new fund created by the District unless specifically exempted.

3. PRUDENCE

The standard of prudence to be used for managing the District’s investment program is California Government Code Section 53600.3, the prudent investor standard which states, “When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like

58 capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”

Investment officers acting in accordance with written procedures and this Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market risk, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

4. RISK TOLERANCE

The District recognizes that investment risks can result from issuer defaults, or various technical complications leading to temporary illiquidity.

4.1 Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in high grade securities and diversification.

4.2 Market risk, defined as market value fluctuations due to overall changes in market price and rate, shall be mitigated by maintaining appropriate diversification of assets.

4.3 Interest rate risk, defined as market value fluctuations due to changes in interest rates, interest rate spreads, or the shape of the yield curve, shall be mitigated by maintaining an appropriate duration strategy and diversification of maturities.

4.4 Custodial credit risk, defined as the risk of loss due to the failure of the custodian, shall be mitigated by prudent custodian selection procedures and requirements, as described in section 14 of this Policy.

5. Objectives

The District strives to maintain in its investment portfolio 100% of all idle funds, given daily, and projected cash flow needs. The District’s funds shall be invested in accordance with all applicable District policies and codes, state statutes, and federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:

5.1 SAFETY. The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of those amounts. Safety of principal is the foremost objective of the District’s investment program, followed by liquidity and yield. Investments of the District shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The District only operates in those investments that are considered very safe. Also, safety is ensured by diversification, which is required in order that potential

59 losses on individual securities do not exceed income from the remainder of the portfolio.

5.2 LIQUIDITY. Liquidity refers to the ability to sell an investment at any given moment with a minimal chance of losing some portion of principal or interest. The District’s investment portfolio shall remain sufficiently liquid to meet all operating requirements that might be reasonably anticipated. The District will maintain an adequate percentage of the portfolio in liquid short-term securities that can be converted to cash, if necessary, to meet disbursement requirements. This need for investment liquidity may be tempered to the extent the District is able to issue short-term notes to meet its operating requirements. However, in the absence of a Debt Issuance Policy, approved by the Board of Directors, there should not be a reliance on short-term borrowing to provide liquidity.

5.3 YIELD/RETURN. The portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio, and state and local laws, regulations and resolutions that restrict the placement of short-term funds.

5.4 ENVIRONMENTAL RESPONSIBILITY. The District will not knowingly invest in firms that engage in activities deleterious to the environment.

5.5 PUBLIC TRUST. All participants in the investment process shall act reasonably as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject and open to public scrutiny and evaluation. The overall program shall be designed and managed with the degree of professionalism required to be worthy of the public trust.

6. DELEGATION OF AUTHORITY

Management responsibility for the District’s investment program is delegated annually by the District’s Board of Directors to the Chief Financial Officer/Controller, who shall establish procedures for the operation of the investment program, consistent with this Investment Policy. Such procedures will include appropriate delegation of authority to persons responsible for investment transactions. No person may engage in investment transactions except as provided under the terms of this Investment Policy, and the procedures established by the Chief Financial Officer/Controller. The Chief Financial Officer/Controller is hereby delegated the authority from the Board of Directors to:

6.1 Enter into agreements with the District’s depository in order to enable the Chief Financial Officer/Controller, or his/her designee to execute investment transactions that will involve charges and credits to the District’s bank accounts.

6.2 Enter into banking arrangements with a third party bank trust department to facilitate the third-party safekeeping of District investments.

60 6.3 Establish operating procedures as deemed appropriate to operate an investment program consistent with this Investment Policy.

Upon the recommendation of the Chief Financial Officer/Controller, the Board of Directors may engage the support services of outside investment advisors with respect to the District’s investment program, so long as it can be demonstrated that these services produce a net financial advantage or necessary financial protection of the District’s financial resources.

7. ETHICS AND CONFLICT OF INTEREST

7.1 The Chief Financial Officer/Controller and all personnel responsible for authorizing the purchase of investments shall refrain from personal business activities that could conflict with proper execution of the investment program and/or which could impair their ability to make impartial investment decisions. The Chief Financial Officer/Controller and all responsible personnel shall disclose to the Board of Directors and the General Manager any material financial interests in any financial institutions that conduct business with the District that could be related in a conflicting manner to the performance of the District’s investment portfolio.

7.2 The Chief Financial Officer/Controller and all investment personnel, designated by the Chief Financial Officer/Controller shall file a Statement of Economic Interests each year as required by California Government Code Section 87203 and regulations of the Fair Political Practices Commission.

8. AUTHORIZED BROKER/DEALERS

8.1 The Chief Financial Officer/Controller shall maintain a list of broker/dealers approved for investment purposes, and it shall be the policy of the District to purchase securities only from those brokers and the firms they represent. Each approved broker/dealer must possess an authorizing certificate from the California Commissioner of Corporations as required by Section 25210 of the California Corporations Code. The firms they represent must:

a. be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a primary dealer within its holding company structure, or

b. report voluntarily to the Federal Reserve Bank of New York, or

c. qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net Capital Rule).

61 8.2 When purchasing investments, broker/dealers located in Alameda and Contra Costa Counties will be considered when possible provided that their offerings are competitive and meet the criteria established by this Investment Policy.

8.3 Each authorized broker/dealer shall be required to submit and annually update a District approved Broker/Dealer Information Request form that includes the firm's most recent audited financial statements. The registration status and standing of all brokers/dealers shall be verified with the Financial Industry Regulatory Authority (FINRA) or other applicable regulatory organizations.

8.4 If the District has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the District.

9. AUTHORIZED AND SUITABLE INVESTMENTS

All investments and deposits of the District shall be made in accordance with California Government Code Sections 16429.1, 53600-53609 and 53630-53686. Although the following includes authorized investments, the Chief Financial Officer/Controller shall determine the extent to which they are suitable, based upon this Investment Policy and the resources used by the Chief Financial Officer/Controller in implementing it.

Limitations identified in the following sections shall be adhered to and the percentage limits and credit criteria shall be measured against portfolio value on the date the investment is purchased. In the event of a credit downgrade below the minimum acceptable credit rating, the District shall require investment advisors, engaged in the investing of District funds, to notify District staff of the downgrade, and provide a plan of action to address the downgrade:

9.1.a. United States Treasury bills, notes, bonds, or strips with a final maturity not exceeding five years from the date of trade settlement. There is no limit on the percentage of U.S. Treasury obligations that may be held in the District's portfolio.

9.1.b. Federal Agency or U.S. government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S. government-sponsored enterprises with maturities not exceeding five years from the date of trade settlement. The aggregate investment in securities authorized in this section shall not exceed 75% of the District’s portfolio.

9.2 Eligible Banker’s Acceptances with a maturity not exceeding 180 days from the date of trade settlement, drawn on or accepted by a FDIC insured commercial bank with combined capital and surplus of at least $250 million, rated at least A- 1 or the equivalent by a nationally recognized statistical rating organization (NRSRO) at the time of purchase and whose senior long-term debt is rated at

62 least A or the equivalent by a NRSRO at the time of purchase. No more than 5% of the District’s total portfolio shall be invested in banker’s acceptances of any one issuer, and the aggregate investment in banker’s acceptances shall not exceed 40% of the District’s total portfolio.

9.3 Prime Commercial Paper with a maturity not exceeding 270 days from the date of trade settlement with the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either sub-paragraph A. or sub- paragraph B. below: A. The entity shall (1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of $500,000,000 and (3) have debt other than commercial paper, if any, that is rated A or higher by a NRSRO. B. The entity shall (1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond and (3) have commercial paper that is rated at least A-1 or the equivalent, by a NRSRO. No more than 5% of the District’s total portfolio shall be invested in the commercial paper of any one issuer, and the aggregate investment in commercial paper shall not exceed 25% of the District’s total portfolio. Moreover, the District shall not purchase more than 10% of the outstanding commercial paper of any single issuer.

9.4 Non-negotiable certificates of deposit with a final maturity not exceeding five years and shall meet the conditions in either paragraph (a) or paragraph (b) below:

(a) Certificates of deposit shall meet the requirements for deposit under California Government Code Section 53630 et. seq. To be eligible to receive District deposits, the financial institution must meet the requirements of California Government Code Section 53635.2. Deposits are required to be collateralized as specified under California Government Code Section 53630 et. seq. The Chief Financial Officer/Controller, at his or her discretion, may waive the collateralization requirements for any portion that is covered by federal deposit insurance. The District shall also have a signed agreement with the depository per California Government Code Section 53649.

(b) Certificates of deposit placed through a deposit placement service shall meet the requirements of Government Code Section 53601.8. The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by federal deposit insurance.

No more than 5% of the portfolio shall be held in any one deposit or allocated

63 to any one issuer, and the aggregate investment in non-negotiable certificates of deposit and negotiable certificates of deposit shall not exceed 30% of the District’s total portfolio.

9.5 Negotiable Certificates of Deposit with a final maturity not exceeding five years issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. Negotiable CD issuers must be rated at least A or the equivalent by two NRSROs.

No more than 5% of the portfolio shall be held in any one deposit or allocated to any one issuer, and the aggregate investment in non-negotiable certificates of deposit and negotiable certificates of deposit shall not exceed 30% of the District’s total portfolio.

9.6 Repurchase Agreements with a final termination date not exceeding 30 days collateralized by U.S. Treasury obligations, Federal Agency securities, or Federal Instrumentality securities listed in Section 9.1 above with the maturity of the collateral not exceeding ten years. For the purpose of this section, the term collateral shall mean purchased securities under the terms of the District’s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102% of the dollar value of the funds borrowed. Collateral shall be held in the District’s custodian bank, as safekeeping agent, and the market value of the collateral securities shall be marked-to-the-market daily.

Repurchase Agreements shall be entered into only with broker/dealers who are recognized as Primary Dealers with the Federal Reserve Bank of New York or with firms that have a primary dealer within their holding company structure. Repurchase agreement counterparties shall execute a District approved Master Repurchase Agreement with the District. The Chief Financial Officer/Controller shall maintain a copy of the District’s approved Master Repurchase Agreement along with a list of the broker/dealers who have executed same.

9.7 State of California’s Local Agency Investment Fund (LAIF), pursuant to California Government Code Section 16429.1. There is no limit on the percentage of LAIF that may be held in the District's portfolio. LAIF investments are subject to statutory limits.

9.8 California Asset Management Trust (CAMP), as long as the portfolio is rated among the top two rating categories by a NRSRO. There is no limit on the percentage of CAMP that may be held in the District's portfolio.

9.9 Medium Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any

64 state and operating within the United States with a final maturity not exceeding five years from the date of trade settlement. These notes must have a rating of at least “A” or the equivalent by a NRSRO. No more than 5% of the District’s total portfolio shall be invested in medium term notes of any one issuer, and the aggregate investment in medium term notes shall not exceed 30% of the District’s total portfolio.

9.10 Money Market Funds registered under the Investment Company Act of 1940 that (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant net asset value per share of $1.00; (3) invest only in the securities and obligations authorized by state statute and (4) have attained the highest ranking or the highest letter and numerical rating provided by at least two NRSROs, or retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of $500 million dollars. No more than 10% of the District’s total portfolio shall be invested in money market funds of any one issuer, and the aggregate investment in money market funds shall not exceed 20% of the District’s total portfolio.

9.11 Municipal bonds that are listed below with a final maturity not exceeding five years from the date of trade settlement and that must be rated at least “A” or the equivalent by a NRSRO at the time of purchase. No more than 5% of the District’s total portfolio shall be invested in any single issuer, and the aggregate investment in municipal bonds shall not exceed 30% of the District’s total portfolio.

(a) Bonds issued by the District, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the District or by a department, board, agency, or authority of the District.

(b) Registered state warrants or treasury notes or bonds of the state of California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.

(c) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.

(d) Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.

65 9.12 Supranationals which are United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated "AA," its equivalent, or better by at least one NRSRO. Purchases of supranationals shall not exceed 30 percent of the investment portfolio of the District.

10. PROHIBITED INVESTMENTS

In accordance with Section 53601.6 of the California Government Code, the District shall not invest any funds in inverse floaters, range notes or interest-only strips that are derived from a pool of mortgages (Collateralized Mortgage Obligations) or in any security that could result in zero-interest accrual if held to maturity.

11. INVESTMENT POOLS

The District allows investments in two public agency investment pools: LAIF and CAMP (per sections 9.7 and 9.8). Although these pools are long-standing, the Chief Financial Officer/Controller will periodically require from each pool, information which will demonstrate operating information and may include the following information:

. A written statement of investment policies and objectives. . A description of interest calculations, how they are distributed, and how gains and losses are treated. . A description of how securities are safeguarded (including the settlement process), and how often the securities are priced and the program audited. . A schedule for receiving statements and portfolio listings. . A statement regarding whether and how reserves or retained earnings are used by the pool. . A description of who may invest in the program, how often, and what are the sizes and timing of deposits and withdrawals. . A fee schedule and how and when fees are assessed. . A statement of whether the pool is available for bond proceeds, and will it accept such proceeds.

12. MATURITY

The District will not invest in instruments whose maturities exceed five years at the time of trade settlement unless the Board of Directors has provided approval for a specific purpose at least three months before the investment is made. The Chief Financial Officer/Controller shall be responsible for determining and monitoring an average maturity which meets the District projected cash flow requirements and shall be reported to the Board of Directors as required under State Law.

66 13. SELECTION OF DEPOSITORIES

The Chief Financial Officer/Controller shall maintain a list of FDIC insured banks approved to provide depository and other banking services for the District. To be eligible, a bank must qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630.5 and shall secure deposits in excess of FDIC insurance coverage in accordance with California Government Code Section 53652.

14. SAFEKEEPING & CUSTODY

The Chief Financial Officer/Controller shall select one or more banks to provide third- party safekeeping and custodial services for the District, in accordance with the provisions of Section 53608 of the California Government Code. A Safekeeping Agreement approved by the District shall be executed with each custodian bank prior to utilizing that bank's safekeeping services. Custodian banks will be selected on the basis of their ability to provide services for the District's account and the competitive pricing of their safekeeping related services.

The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. All securities shall be perfected in the name of the District. Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices.

All investment securities , except non-negotiable certificates of deposit, money market funds, LAIF and CAMP, purchased by the District will be delivered by book entry and will be held in third-party safekeeping by a District approved custodian bank or its Depository Trust Company (DTC) participant account.

All Fed wireable book entry securities owned by the District shall be held in the Federal Reserve System in a customer account for the custodian bank which will name the District as “customer.”

All DTC eligible securities shall be held in the custodian bank’s DTC participant account and the custodian bank shall provide evidence that the securities are held for the District as “customer.”

15. DIVERSIFICATION

The District shall diversify its investments to avoid incurring unreasonable risks inherent in over investing in specific instruments, individual financial institutions or maturities. Nevertheless, the asset allocation in the portfolio should be flexible depending upon the outlook for the economy, the securities markets, and the District's anticipated cash flow needs.

67 16. REPORTING

Quarterly, the Chief Financial Officer/Controller shall submit to the Board of Directors and the General Manager a report of the investment earnings and performance results of the District’s investment portfolio. The report shall include the following information: 1. Investment type, issuer, date of maturity, par value and dollar amount invested in all securities, and investments and monies held by the District; 2. A description of the funds, investments and programs; 3. A market value as of the date of the report (or the most recent valuation as to assets not valued monthly) and the source of the valuation; 4. Current period earnings and rates of return for short-term and mid-term investments, including comparison to established benchmarks. 5. A statement of compliance with this Investment Policy or an explanation for non-compliance; and 6. A statement of the District’s ability to meet expenditure requirements for six months, and an explanation of why money will not be available if that is the case.

17. INTERNAL CONTROLS

The Chief Financial Officer/Controller shall establish a system of internal controls, which shall be documented in writing. The controls shall be designed to prevent loss of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets or imprudent actions by employees and officers of the District. Controls deemed most important include: control of collusion, segregation of duties, separating transaction authority from accounting and record keeping, custodial safekeeping, clear delegation of authority, written confirmation of telephone transactions, documentation of transactions and strategies and code of ethical standards. These controls will be reviewed on an annual basis by the General Manager.

18. PERFORMANCE STANDARDS

The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. The performance of the District’s investments shall be compared to the average yield on the U.S. Treasury security that most closely corresponds to the portfolio’s weighted average effective maturity. When comparing the performance of the District’s portfolio, its rate of return will be computed net of all fees and expenses.

19. REVIEW, ADOPTION & AMENDMENTS

This Investment Policy shall be reviewed and adopted annually by resolution of the Board of Directors. It may not be altered, amended or changed in any particular way, except by formal resolution of the Board of Directors.

68 GLOSSARY OF INVESTMENT TERMS AND INSTRUMENTS

Term Description Banker’s Acceptance Normally, a short-term bill of exchange that is accepted as payment by banks engaged in financing trade of physical assets or merchandise. Benchmark A passive index used to compare the performance, relative to risk and return, of an investor’s portfolio. Bond A debt obligation of a firm or public entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the principal. Broker/Dealer A person or a firm who can act as a broker or a dealer depending on the transaction. A broker brings buyers and sellers together for a commission. They do not take a position. A dealer acts as a principal in all transactions, buying and selling for his own account. CAMP California Asset Management Program (CAMP) provides California public agencies, together with any bond trustee acting on behalf of such public agency, assistance with the investment of and accounting for bond proceeds and surplus funds. For bond proceeds, the objective of CAMP is to invest and account of such proceeds in compliance with arbitrage management and rebate requirements of the Internal Revenue Service. The program includes the California Asset Management Trust, a California common law trust organized in 1989. The Trust currently offers a professionally managed money market investment portfolio, the Cash Reserve Portfolio, to provide public agencies with a convenient method of pooling funds for temporary investment pending their expenditure. The Trust also provides record keeping, custodial and arbitrage rebate calculation services for bond proceeds. As part of the program, public agencies may also establish individual, professionally managed investment accounts. The Pool seeks to attain as high a level of current income as is consistent with the preservation of principal. The Pool purchases only investments of the type in which public agencies are permitted by statute to invest surplus funds and proceeds of their own bonds. Cash Flow A comparison of cash receipts (revenues) to required payments (debt service, operating expenses, etc.). Certificate of Deposit A short-term, secured deposit in a financial institution that usually returns principal and interest to the lender at the end of the loan period. Certificates of Deposits (CDs) differ in terms of collateralization and marketability. Those appropriate to public agency investing include: Negotiable Certificates of Deposit, Non-Negotiable Certificates of Deposit.

69 Commercial Paper A short-term, unsecured promissory note issued by a large corporation. Corporate Notes & Debt instruments, typically unsecured, issued by corporations, Bonds with original maturities in most cases greater than one year and less than ten years. Credit Risk The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market’s perception of a corporation’s credit will cause the market value of a security to fall, even if default is not expected. Credit Rating Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Standard & Poor’s and Fitch Ratings use the same system, starting with their highest of “AAA, AA, A, BBB, BB, B, CCC, CC, C, and D” for default. Moody’s Investor Services uses “Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D”. Each of the services use pluses (+), minuses (-), or numerical modifiers to indicate steps within each category. The top four letter categories are considered investment grade ratings. Duration A fixed-income metric that measures the sensitivity of a bond or portfolio to changes in interest rates. A portfolio or security with a higher duration will experience larger changes in market value as interest rates change. Federal Agency and Obligations issued by a government sponsored entity or a Instrumentality federally regulated institution. Obligations Issuer Any corporation, governmental unit, or financial institution that borrows money through the sale of securities. LAIF The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in 1977 as an investment alternative for California’s local governments and special districts and continues today under the State of California Treasurer’s office. The enabling legislation for the LAIF is Section 16429.1,2,3 of the California Government Code. This program offers participating agencies the opportunity to participate in a major portfolio which daily invests hundreds of millions of dollars, using the investment expertise of the Treasurer’s Office Investment staff at no additional cost to the taxpayer. All securities are purchased under the authority of the Government Code Section 16430 and 16480.4. The State Treasurer’s Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All

70 investments are purchased at market, and market valuation is conducted monthly. It has been determined that the State of California cannot declare bankruptcy under Federal regulations, thereby allowing the Government Code Section 16429.3 to stand. This Section states “money placed with the State Treasurer for deposit in the LAIF shall not be subject to impoundment or seizure by any State official or State agency.” Deposits are subject to statutory limits. Liquidity The ease with which an investment may be converted to cash, either by selling it in the secondary market or by demanding its repurchase pursuant to a put or other prearranged agreement with the issuer or another party. Market Risk The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall, prices of fixed income securities rise. Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly. Maturity The stated date on which all or a stated portion of the principal amount of a security becomes due and payable. Money Market Fund A type of investment comprising a variety of short-term securities with high quality and high liquidity. The fund provides interest to shareholders and must strive to maintain a stable net asset value (NAV) of $1 per share. Nationally Recognized The formal term to describe credit rating agencies that provide Statistical Rating credit ratings that are used by the U.S. government in several Organization (NRSRO) regulatory areas. Ratings provided by Nationally Recognized Statistical Ratings Organizations (NRSRO) are used frequently by investors and are used as benchmarks by federal and state agencies. Generally, to be considered an NRSRO, the agency has to be “nationally recognized” in the U.S. and provide reliable and credible ratings. Also taken into consideration is the size of the credit rating agency, operational capability and its credit rating process. Some examples of NRSRO’s include Moody’s Investors Service Inc, Standard and Poor’s Inc, Fitch Inc, Dominion Bond Rating Services Limited (DBRS) and A.M. Best Company Inc. Notes Debt obligations of a firm or public entity, usually maturing in less than ten years. Portfolio The combined holdings of all investment assets held by an investor.

Repurchase Agreement From the perspective of a local agency, the short-term, often overnight, purchase of securities with an agreement to resell the securities at an agreed upon price.

71 Return The principal gains or losses (realized and unrealized)plus interest on an investment or portfolio of investments. In certain unfavorable market environments or due to risk factors, income derived from principal and interest may be less than the original amount invested. Risk The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors. State & Local The combined deposits of state and local agencies organized Investment Pools and operated by the state treasurer or a Joint Powers Agreement between local agencies. Deposits of various participating local agencies are pooled and invested. Each agency’s returns are based upon their share of the amount invested in the pool. This increases investment efficiencies, decreases costs, provides liquidity, and utilizes investment expertise of the pool managers. Supranationals Supranationals are international institutions that provide development financing, advisory services and/or financial services to their member countries to achieve the overall goal of improving living standards through sustainable economic growth. The Government Code allows local agencies to purchase the United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter- American Development Bank. Yield to Maturity The rate of income return on an investment, minus any premium above par or plus any discount with the adjustment spread over the period from the date of the purchase to the date of maturity of the bond.

72 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Authorization to Award a Contract for Janitorial Services to Universal Building Services Supply Company: Peralta Oaks Administration Building and the Richard C. Trudeau Training Center (McNally/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the award of a contract for janitorial services at the Peralta Oaks Administration Building and the Richard C. Trudeau Training Center, to Universal Building Services and Supply Company, Richmond, CA, totaling $80,074 for services from April 1, 2016 to March 31, 2017; and authorize the General Manager to extend the contract for two additional two-year periods after periodic reviews of the level of service.

REVENUE/COST

The contractor will perform routine and specialty janitorial services at the Administration Building, and the Trudeau Training Center for an annual cost of $80,074 from April 1, 2016 to March 31, 2017; funding is available in Office Services Department budget account 101-4160- 000-6464 (Janitorial Services).

BACKGROUND

Staff prepared a Request for Proposal (RFP) for routine and specialty janitorial services required at both the District’s Administrative Building, and the Trudeau Training Center, and published Public Notices in the Oakland Tribune and Contra Costa Times on December 1, 2015, requesting vendors to submit proposals. District staff contacted 15 local vendors, directly notifying them of the RFP bid request. The RFP bid request was posted on the District’s web site starting on November 18, 2015 thru January 14, 2016. Ten janitorial firms attended the job walk on December 14, 2015. The RFP bids were due on January 14, 2016.

Eight firms submitted RFP responses. District staff reviewed the proposals and narrowed the field to the three most suitable firms:

73 VENDOR NAME CITY RFP AMOUNT Customized Performance, Inc. San Jose $ 76,670 Universal Building Services & Supply Co. Richmond $ 80,074 Enviro Clean Hayward $ 84,886

Other vendors submitting RFPs but not selected for further consideration were:

VENDOR NAME CITY RFP AMOUNT Aim To Please San Francisco $ 54,903 Janico North Highlands $ 69,530 Imperial Stockton $ 86,960 Zion Dublin $ 215,706 PBM Carson $ 311,504

District staff checked references, and interviewed the three 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 three top candidates, Universal Building Services and Supply Company scored the highest on the criteria established; therefore, Universal Building Services and Supply Company is the recommended firm.

The contract term is from April 1, 2016 to March 31, 2017. If the vendor provides satisfactory service in the first year of the contract, the RFP enables the District to extend the contract for two 2-year periods until March 31, 2019. 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.

74 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 –

February 16, 2016

AUTHORIZATION TO AWARD A CONTRACT FOR JANITORIAL SERVICES TO UNIVERSAL BUILDING SERVICES & SUPPLY COMPANY: PERALTA OAKS ADMINISTRATION BUILDING AND THE RICHARD C. TRUDEAU TRAINING CENTER

WHEREAS, the District issued a Request for Proposal (RFP) for janitorial services at the Peralta Oaks Administration Building, and the Richard C. Trudeau Training Center; and

WHEREAS, the District contacted fifteen firms to submit proposals, posted the RFP bid announcement on the District’s web site, and in the Oakland Tribune and Contra Costa Times; and

WHEREAS, ten firms attended the job walk, and the District received eight proposals by the January 14, 2016, RFP deadline; and

WHEREAS, District staff reviewed the eight bids, and narrowed the field to the three most suitable firms; and

WHEREAS, Universal Building Services and Supply Company was the highest scoring proposal while meeting all of the criteria established; therefore, Universal Building Services and Supply Company is the recommended firm;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to enter into a Contract For Services agreement in the amount of $80,074 with Universal Building Services and Supply Company for janitorial services at the District’s Administrative Building, and the Richard C. Trudeau Training Center; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the use of $60,055 for services from April 1, 2016 to December 31, 2016, to be funded from the Office Services account 101-4160-000-6464; 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 two additional two-year periods 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; and

75 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 16th day of February, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

76 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Authorization to Purchase Microsoft Enterprise SQL Server Database Software Licenses from Dell Marketing L.P.: Information Services Department (Tallerico/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of Microsoft Enterprise SQL Server database software licenses from Dell Marketing L.P. for District-wide use.

REVENUE/COST

The cost of the software licenses is $38,509.72. Funding is available in the 2016 Information Services budget, Account No.101-4150-000-6443 (Maintenance Contracts).

BACKGROUND

The East Bay Regional Park District maintains 28 SQL Server databases for various software applications used by District departments. As part of the District’s Microsoft Enterprise Agreement, the District is required to true-up software licensing at the end of each year. Microsoft SQL Server database software is the District’s standard for deploying software applications.

Microsoft offers various licensing options for SQL Server licensing and the District has opted for the Data Center licensing option which allows for future growth based on the number of database servers deployed rather that the number of users that access District software applications.

ALTERNATIVES

The Board could decline to purchase the SQL Server Database software licensing at this time. This decision would cause the District to be out of license compliance with our annual true-up agreement. This alternative is not recommended.

77 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

February 16, 2016

AUTHORIZATION TO PURCHASE MICROSOFT ENTERPRISE SQL SERVER DATABASE LICENSES FROM DELL MARKETING L.P.: INFORMATION SERVICES DEPARTMENT

WHEREAS, the East Bay Regional Park District uses 28 Microsoft SQL Server databases to assist with the efficient administration and District software applications throughout Alameda and Contra Costa Counties; and

WHEREAS, the District is required to true-up software licensing on an annual basis required from the District’s Microsoft Enterprise Agreement of these applications to keep them technologically current; and

WHEREAS, a comprehensive service to ensure that all Microsoft SQL Server database software is current has been made available to the District; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of Microsoft SQL Server database software licenses on the Enterprise Agreement from Dell Marketing L.P. for a total cost of $38,509.72; and

BE IT FURTHER RESOLVED that funding in the amount of $38,509.72 is available in Account No. 101-4150-000-6443 (Information Services – Maintenance Contracts); and

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

Moved by Director , seconded by Director , and approved this 16th day of February 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

78 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the grant application for funds from the West Contra Costa Transportation Advisory Committee (WCCTAC) and the appropriation of $500,000 of Measure WW Development Funds from the Bay Trail Allocation Area to fund the final design, geotechnical and environmental studies to close this gap in the San Francisco Bay Trail at Lone Tree Point.

REVENUE/COST

Final design and engineering and environmental studies for this ½ mile segment of the San Francisco Bay Trail are estimated at $500,000. This action requests the appropriation of Measure WW Development Funds from the Bay Trail Allocation Area to Capital Improvement Project 131300 – Develop Lone Tree Trail and Shore/SF Bay Trail. Once constructed, the District will incur additional costs to operate and maintain the trail.

The application for WCCTAC grant funds will be in the amount of $500,000. The WW appropriation may also serve as matching funds for this and future grant opportunities.

SOURCE OF FUNDS Measure WW Bond Development Funds Total Allocation Area – Bay Trail (WP06) $ 5,140,000 Prior Appropriation to Date 2,490,785

Unappropriated Balance $2,649,215

80 Transfer and Appropriate: To Project No. 131300 Develop Lone Tree Trail and Shore/SF Bay Trail $ 500,000

Unappropriated Remaining Balance in WP06 $ 2,149,215

USE OF FUNDS Consultant Fees TBD – Final Design and Environmental $ 500,000 Studies

BACKGROUND

In 1990, the District acquired the 20-acre Lone Tree Point property located at San Pablo Bay Regional Shoreline in Rodeo. On June 2, 1992, by Board Resolution No. 1992-6-156, an Interim Land Use Plan for the property was adopted. The plan included a future segment of the San Francisco Bay Trail across the property. Several Bay Trail segments connecting the communities of Pinole and Hercules to Lone Tree Point from the west have now been completed, including the “Bio-Rad” segment of the Bay Trail completed in 2015 as part of the Hercules Intermodal Transit Center project. To the northeast of Lone Tree Point, improvements at the site of the Rodeo Marina, including a restaurant, proposed bed and breakfast, winery and Bay Water Trail launch site are currently underway. Additionally, Contra Costa County is currently undertaking a study to narrow three miles of San Pablo Avenue from Crockett to Rodeo which will include a Bay Trail connection to the terminus of the proposed Bay Trail at Lone Tree Point.

The District, per resolution 2014-04-094, completed a feasibility study in January 2016 for the extension of the Bay Trail at Lone Tree Point. The study identified a preferred alternative that will require a pedestrian bridge over a wetland, approximately ½ mile of paved trail, and a non- signalized crossing of Pacific Avenue. The total estimated project cost in 2016 dollars is approximately $2.5 million.

The Subregional Transportation Mitigation Fee Program (STMP) was established in West Contra Costa County in 1997 to allow for new development to mitigate transportation impacts by helping to fund local and regional transportation projects. WCCTAC is currently coordinating applications for STMP funding for which this project is a strong candidate. While no District match is required to obtain this funding, additional funding will be required for construction of the project. If successful in obtaining STMP grant funding, the District’s Measure WW funds will be reimbursed.

ALTERNATIVES

No alternatives are recommended.

81 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 02 -

FEBRUARY 16, 2016

AUTHORIZATION TO APPLY FOR A GRANT FROM THE WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE AND APPROPRIATE MEASURE WW DEVELOPMENT FUNDS TO FUND THE FINAL DESIGN, GEOTECHNICAL AND ENVIRONMENTAL STUDIES FOR THE SAN FRANCISCO BAY TRAIL AT LONE TREE POINT: SAN FRANCISCO BAY TRAIL

WHEREAS, by Resolution No. 1992-6-156, adopted June 2, 1992, the Board of Directors adopted the Interim Land Use Plan for the Lone Tree Point property at San Pablo Bay Regional Shoreline, and that plan included a ½ mile segment of the San Francisco Bay Trail; and

WHEREAS, the Subregional Transportation Mitigation Program (STMP) was established in West Contra Costa County in 1997 to allow for new development to mitigate transportation impacts by helping to fund local and regional transportation projects; and

WHEREAS, the West Contra Costa Transportation Advisory Committee (WCCTAC) is currently coordinating project applications for STMP funds; and

WHEREAS, segments of the Bay Trail connecting the communities of Pinole and Hercules to Lone Tree Point from the west have now been completed or are under construction and connections from the north along San Pablo Avenue are being studied; and

WHEREAS, per resolution 2014-04-094, adopted April 15, 2014, the District completed the studies required to close the gap in the Bay Trail at Lone Tree Point in January 2016; and

WHEREAS, there is sufficient funding available in Measure WW Development funds from the Bay Trail Allocation Area;

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

1. Appropriates $500,000 of Measure WW Development Funds principal from the Bay Trail Allocation Area to Capital Improvement Project 131300 – Develop Lone Tree Trail and Shore/SF Bay Trail as indicated on the attached budget change form to fund final design, geotechnical and environmental studies for the San Francisco Bay Trail at Lone Tree Point; and

2. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services, on behalf of the District and in its name, to apply for and

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

Moved by Director , seconded by Director , and adopted this 16th day of February, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

83 San Francisco Bay Trail East Bay Lone Tree Point Regional Park District

Environmental Programs Bay Trail Feasibility Study April 2, 2014 Feet t:/bstone/mxd projects/trails/ sfbaytrail/sfbt_lonetreepoint_b+w.mxd 0 120 240 480 720

Existing SF Bay San Pablo Bay Tr ai l Regional Proposed SF Shoreline Bay Trail Parkland

Seasonal Wetland Rodeo Marina

SAN PABLO BAY

ve lo A Pab San

t 1 s t S Pacific Ave

Shoreline Parcel

Parker Ave

Upland Parcel 2nd St

Rodeo

L Garretson Ave Vicinity Map a

e Ave

h Harris Ave

a 3rd St

Disclaimer: Boundary and property lines shown on this map do not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of EBRPD. 84 4th St EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Revenue Between Projects Between Fund Sources From Another Department DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Trails Acquisition.-San Pablo Bay- Services/SF Bay Trail at Lone Tree Point.- Measure WW Principal SF Bay Trail Development Funds-Work in Progress

Account: 333-6340-495-7020 / 131300WP06-372 500,000 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on February 16, 2016 the General Manager recommends that the Board of Directors authorize the appropriation of $500,000 WW bond principal funds from the SF Bay Trail development allocation area to project 131300 SF Bay Trail at Lone Tree Point.

As approved at the Board of Directors Meeting on: Date: 2/16/2016 Board of Directors Resolution Number: 2016-02- Posted By: Date: Signature

T:\BOARDCLK\BOARD MATERIAL\2016\3 - February 16, 2016\S Drive\C-2-a 131300 SF Bay Trail at Lone Tree Pt-WP06-2016

85 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

b. Update on the Land Use Plan for the Concord Hills Regional Park (Concord Naval Weapons Station) and Presentation of Draft Preferred Alternative Park Use Plan: Concord Hills Regional Park (Tong/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors receive this information only item related to the Preferred Alternative Park Use Plan for the Concord Hills Regional Park and provide comments to staff. Staff and the consultant team will present information on opportunities and constraints, development of the preferred park use plan and public input received to date. Input received from the Board will be used to further refine the preferred park use plan.

REVENUE/COST

There is no additional cost related to this information item. The current project to study public access and use at the former Concord Naval Weapons Station has current budget of $637,375. The contract for planning a design is encumbering $525,985 of this budget.

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 (City), 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 City is currently engaged in a process to select a master developer for the first phase of development in the Area Plan.

86 The adopted Area Plan also includes a new Regional Park of over 2,500 acres located on the eastern portion of the site to be conveyed to the East Bay Regional Park District (District) through a public benefit conveyance. The Board authorized submittal of an application for a Public Benefit Conveyance (PBC) through the National Park Service Federal Lands to Parks program on September 3, 2013. On May 8, 2014, the National Park Service informed the District that the PBC application for 2,540 acres of the former Concord Naval Weapons Station was approved and that they will grant a public benefit allowance of 100 percent of the fair market value of the property to be conveyed.

The current schedule estimates that the initial transfer of land found suitable for transfer within the proposed regional park area could be conveyed to the National Park Service in late 2016. The land could then be conveyed to the District. The District is currently working closely with the Navy, the City, and various regulatory agencies to complete the steps necessary for conveyance.

DEVELOPMENT OF THE PREFERRED ALTERNATIVE PARK USE PLAN

The Board authorized budget and approval of a contract with Placeworks Inc., a planning and design firm, in December 2014 to prepare a Land Use Plan and the associated Environmental Impact Report for the future Concord Hills Regional Park. The consultant team has worked closely with the various divisions of the District, as well as with the National Park Service, and has developed a draft preferred alternative park use plan.

The Placeworks team, in coordination with District staff, developed an Existing Conditions report in July, 2015. This information was presented to the public during a public meeting on July 23, 2015, where the public had the opportunity to provide their input on priorities for the new regional park. The major themes that emerged from the public meeting and an associated online public input exercise were to 1) reflect the sites history, including the history of the Port Chicago Naval Magazine National Memorial; and 2) provide access and connectivity to existing regional trails, the North Concord BART station, and future and planned neighborhoods; and 3) balance park uses with natural and cultural resource conservation; and 4) to the extent feasible, reuse existing infrastructure and buildings on the former base.

In November 2015, two draft land use alternatives and various design concepts were developed and presented to the public during a public meeting and through an online exercise. The two alternatives were similar with regards to trail alignments and facility locations, but differed with regards to interpretive programming, dispersal of park facilities such as picnic areas and camping, and circulation.

Throughout the process, District staff and the Placeworks team have also met with, and received input from, key stakeholders, the Park Advisory Committee, and the general public to refine the park use plan. The preferred alternative park use plan is a reflection of all of the input received to date.

Key features of the preferred alternative park use plan include a joint visitor center with the National Park Service for the Port Chicago Naval Magazine National Memorial, group and small

87 picnic areas, reuse of magazines for park programming and outdoor classrooms, backcountry and group campsites, and park staff offices and operational support facilities. The park use plan identifies interpretive nodes ranging from the site’s cultural and natural history to the civil rights and military history of the property. Additionally, the park use plan includes an extensive trail network of paved multi-use trails to narrow natural surface trails totaling over 18 miles.

The preferred alternative park use plan is also being developed in concert with the City in identifying areas suitable for resource conservation and eligible for natural and cultural resource mitigation. The City’s Reuse Plan identifies the future regional park as a conservation area for the purposes of natural resource protection through the Section 7 process of the Endangered Species Act. The District has worked closely with the City, the U.S. Navy, and the United States Fish and Wildlife Service to maximize the resource conservation credit the City will be able to receive while preserving public access and recreation opportunities throughout the site. Additional refinements to the alternative park use plan may be necessary to achieve these goals.

NEXT STEPS

Following input from the Board, District staff and the Placeworks team will continue to refine the preferred alternative park use plan. The current schedules for upcoming meetings include:

 Public Input Meeting – March 24th, 2016  Park Advisory Committee Recommendation – April 25th, 2016  Executive Committee Recommendation – May 6th, 2016  Board Adoption of Preferred Park Use Plan – May 17th, 2016

Following the adoption of the preferred park use plan, District staff and the Placeworks team will begin the development of the Land Use Plan policies and an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA).

88 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

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

Delta Protection Commission – Designation of Great California Delta Trail Segments

On January 21, 2016, the Delta Protection Commission (DPC) formally approved the Big Break Regional Shoreline Trail as an addition to the Great California Delta Trail. The Great California Delta Trail, approved by the California Legislature in 2006, was created to be a continuous regional recreational corridor through the Delta and linking the San Francisco Bay Trail system to the Sacramento River trails in Yolo and Sacramento Counties. The Big Break Regional Shoreline Trail is an approximately 3-mile long multi-use trail that runs from the Big Break Visitor Center to the intersection with Marsh Creak Trail. The DPC inclusion of the Big Break Regional Shoreline Trail is the first existing segment in Contra Costa County adopted as part of the Great California Delta Trail. This item will be presented to the Park District Board Executive committee, the Parks Advisory Committee, and the full Board in the next few months to make the adoption official.

90 GENERAL MANAGER AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION

Chief of Design & Construction Rob Lim will provide an update on the Design & Construction Department.

GM COMMENTS Public Safety From December 12, 2015 to January 14, 2016, the Public Safety Division handled 586 service calls and 458 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 203 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 359 field interviews (contacts without citations or arrests) and contacted five people on probation or parole to conduct compliance checks.

 Carquinez: On January 10, an officer contacted a group of five people who were standing outside their vehicle drinking alcohol. The K9 officer located marijuana concealed in the trunk along with scales and various amounts of cash. All subjects were under the legal drinking age. One was arrested for an outstanding warrant and the others were counseled and released.

 Del Valle: On December 27, an officer responded to the report of a personal boat that sank. The occupants were taken to shore by staff and no medical assistance was needed.

 Garin: On January 12, an officer responded to the report of battery involving an altercation between a park user and the owner of two dogs. The owner of the dogs slapped the victim when she saw the park user shove her dogs with a walking stick. She was arrested for battery and released on scene with a promise to appear in court at a later date.

92  Hayward Shoreline: On December 18, a sergeant contacted two occupants of a vehicle for a curfew violation. The vehicle contained a concealed BB gun, a baton, and several bags of marijuana. The illegal items were confiscated and the subjects were released on scene pending charges.

 Iron Horse Trail in Concord: On December 24, a sergeant contacted a subject for curfew and illegal camping violations. The subject had a concealed weapon that was confiscated and he was arrested.

On December 31, a sergeant contacted a person for a curfew violation. The subject was uncooperative and provided several false names to the sergeant. The subject was arrested for providing false information to a peace officer and a probation violation.

 Lafayette-Moraga Trail: On December 17, officers responded to a report of a subject driving a golf cart on the trail. The subject was cited and the golf cart was removed from the trail.

 Lake Chabot: On December 25, an officer responded to the report of a missing juvenile on the trail. The juvenile was located and transported to the main parking lot.

 Martin Luther King Jr. Shoreline: On December 12, an officer stopped a vehicle for a license plate violation. The driver had a blood alcohol level of .20 and was arrested for DUI.

On January 3, a sergeant contacted the occupants of a vehicle for a tail light violation. The juvenile driver was in possession of marijuana, concentrated cannabis, and alcohol. The items were confiscated and the driver was issued a citation for the violations.

 Miller Knox: On December 19, an officer contacted the driver of a vehicle for a tail light violation. The driver did not have a license or proof of registration. The vehicle was impounded and the driver was released on scene pending charges for the violations.

 Out of Park, Castro Valley: On December 17, a K9 officer assisted the FBI with a search warrant at the library.

 Pt. Pinole: On January 6, an officer contacted the occupant of a vehicle for not having front or rear license plates. The driver was a registered sex offender and was not current on his registration requirements. He was arrested for the violation and his car was towed.

 Redwood, Trudeau Training Center: On January 4, an officer contacted the occupants of a vehicle for a curfew violation. All were minors and were cited for park curfew. One was arrested for being under the influence of alcohol.

 Round Valley: On January 12, officers and medical personnel responded to the report of an injured victim who appeared to have been beaten and dropped in the parking lot. The subject was taken to the hospital for treatment.

93  San Pablo Bay Shoreline: On January 4, an officer contacted the occupant of a vehicle for a welfare and curfew check. The occupant was heavily intoxicated and arrested for disorderly conduct.

 Tilden: On December 28, an officer stopped a vehicle for speeding. The driver appeared to be intoxicated and, after failing field sobriety test, was arrested for DUI with a blood alcohol level over .08%.

Fire Operations Fire Response  Del Valle, Arroyo Staging Area: On December 12, firefighters responded to a cardiac incident on the East Shore Trail. District personnel assisted with CPR along with Alameda County Fire. AMR transported the patient to Valley Care Hospital.

 East County Trails: On December 15, District firefighters, Consolidated Fire and Cal Fire responded to a fire caused by an illegal encampment. The quarter-acre fire was extinguished.

 Garin: On December 22, District firefighters and officers, Fremont Fire, and a CHP helicopter responded to a report of missing persons in Garin Park. The missing persons were located and transported to the staging area.

 Palomares Ridge: On December 22, firefighters responded to assist Alameda County Sheriff's in locating a possible downed aircraft. The plane was located and was determined not to be on District property.

 Tilden: On December 22, firefighters responded to a 100-foot downed tree blocking the roadway near South Park Drive. Firefighters cleared the tree and opened the roadway.

Training  Trudeau Center: On January 6, 13, 20, and 27, lifeguard staff facilitated Title 22 EMS training for upcoming industrial firefighter cadets.

Fire Fuels Management  East Bay Hills: A contractor continued the multi-site eucalyptus regeneration control project.

Lifeguard Service  December 15, staff attended the Bay Area Public Pool Operators Association transition meeting.

 December 29 – January 3, staff provided an open house for seasonal lifeguard staff to pick up 2016 recruitment materials.

 January 6, seasonal lifeguard applications opened for 2016.

94  January 6, and 13, staff provided AED refresher training to Peralta Oaks staff. A total of 20 participants attended.

 January 11, staff assisted with applicant assessments for the City and County of San Francisco for multiple positions of swim instructor/lifeguard.

95 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

a. Operations (Thursday, December 17, 2015) (Sutter)

Present

Board: Directors John Sutter (Chair), Diane Burgis, Doug Siden

Staff: Jim O’Connor, Mimi Waluch, Renee Patterson, Mark Ragatz, Alicia Gonzales, Ira Bletz, Kate Collins, Denise Valentine, Anne Kassebaum, Noah Dort

Guests: None

1. Update Open House Tours: Black Diamond Mines Regional Preserve

Supervising Naturalist Kate Collins shared with the Committee a detailed overview of the Black Diamond Mines through a PowerPoint presentation. Ms. Collins reviewed the mine tours, types of groups who visit the mines, and attendance during the peak season and open houses.

In an effort to attract more park users, marketing efforts were increased in 2015. This was completed by increasing flyer posting, assistance from interpretive student aids and social media. The combined mines open house attendance increased 50% with the five open house events offered attracting an average of 529 participants and served 2,647 participants total.

Ms. Collins reviewed the results of a Mine Open House Survey taken that captured information on how participants learned of the Mine Open House events. The chart displayed the results obtained through social media outlets, the District Regional in Nature Activity Guide, District website and newspapers. The majority of park visitors have heard about the park events through visiting the park.

Ms. Collins shared with the Committee that the purpose of conducting the mine tours is to allow the public who express interest in local history or geology, the ability to explore a new and rare environment. Bilingual docents, ambassadors, volunteer safety patrollers, interpretive staff and park rangers contribute to the support of the tours.

Director Siden commended the statistics of attendance. He questioned if graphs were kept with prior year attendance. Ms. Collins replied she would provide that information for the past eight years. Director Siden inquired on what aspects of the Mine Open house tour have people returning. Ms. Collins responded if people attend the open house, they may not have enough time to hike up to the

97 mines or have the proper gear to do, so this may prompt them to return. Director Siden inquired how many school groups are being serviced. Ms. Collins replied 6,000 attend on weekday field trips with almost the same amount of public attendees. Director Siden inquired on attendance to the cemetery. Ms. Collins responded she was not sure how many people visit each year.

Director Burgis inquired on why the mines are closed weekends from December through February. Ms. Collins stated it is typically cold during this time and you have to walk to the mines. She mentioned that safety work is typically completed in the mines the time the mines are closed.

Director Siden inquired on the visitor center seasonal closure and if there was a demand to have it opened, and if it was due to lack of funding. Ms. Collins commented that with more funding, keeping it open could be considered.

Director Sutter inquired what was the longest amount of wait time to enter the mines. Ms. Collins estimated approximately 20-30 minutes, when busy. Director Sutter inquired how many people can be accommodated during an hour. Ms. Collins responded at peak capacity, 30 minutes with 200 visitors.

Director Burgis made a recommendation of supplying counters for participants to track the time in the mines.

Director Siden inquired on bats in the mines. Ms. Collins replied there are bats in the mines with a small population.

2. 2015 Committee Work Plan Year-end Final

Business Services Manager Mimi Waluch provided an overview of the progress on specific projects summarized in the 2015 Work Plan hand out and items moved from 2015 to the 2016 plan. One item of correction is to page 3, items 22-26 are duplicates in formatting. Ms. Waluch proceeded to review each item with the Committee.

Item 1 - Communication Site Policy – Ms. Waluch provided the Committee with an explanation of the policy. She mentioned that Administrative Analyst Renee Patterson is the lead staff member on the policy.

Director Sutter inquired on what determines the right cost. Ms. Waluch replied a comparison is completed using both public agencies and private entities. We use CPI and the agencies we compared with do the same. Getting information through private entities is more challenging than public agencies, as it is more competitive and homeowners do not necessarily favor cell towers in their neighborhoods for various reasons.

Director Sutter inquired on what is being done in relation to compliance to our Master Plan. In particular, leases and concessions that are supposed to generate revenue. He stated that when going through the items, this should be considered to determine if we are on track. AGM O’Connor recalled that this issue arose during the budget review last year and Management Analyst Alicia Gonzales was assigned to gather the data to analyze how we’re doing with concessions in terms to the overall net cost to the District. The vast majority of the concessions are subsidized by the District, to some extent. The data capture will be provided to the Committee in 2016. Director Sutter requested to include Capital expenses in that report.

98 Director Burgis indicated that some of the agreements have different years of service. It would be beneficial to capture those timelines on the items to give an idea on when the items will be revisited.

Item 6 – Director Siden inquired if we have a set contract with the concessionaire. Ms. Waluch explained that an ADA upgrade is being completed to the restrooms in the wedding site area in 2016 and the special event permitting concession for the special event food service is being re-established.

Item 11 – Director Siden recalled there was an item that was requested to be reviewed. Ms. Waluch recalled it was at Briones where another home school group wanted to use the facility, with the issue being the school group would need to make an agreement with the Briones Archery Group to use the site and could not show up unannounced. AGM O’Connor recalled that an alternate location was looked at for this group. It was determined that the Briones site would be the best solution due to low usage, with funds added to the existing site rather than move and create a new site.

Item 46 – Director Siden inquired on the Two-Day Town event progress. Ms. Waluch commented that staff met with the Two Day Town staff this week and will attend the January 21, 2016 Committee meeting. The special event will be held in April 2016 similar to 2015, and the event staff will have a Leave No Trace proposal to present to the Committee. District staff will also attend to provide their recommendations.

Item 43 – Director Sutter inquired on the Patterson Property Trail System Update. Ms. Waluch stated Director Lane added the item in 2015 and we did not have the opportunity to address it in 2015 and have moved the item to the 2016 plan. AGM O’Connor suggested to raise the subject at the Board Workshop.

AGM O’Connor reminded the Committee that we are continuing to ask various division staff to provide informational reports to this Committee. It is good information on what is happening in the parks and a benefit to staff in relation to developing public speaking skills.

Item 59 – Director Sutter inquired if the item is in the Board Operations Committee domain or the Executive Committee. AGM O’Connor indicated it could be removed, as it is currently not an Operations item.

Item 54 – Director Siden requested an update at a future meeting.

1. 2016 Committee Draft Work Plan Review

Staff has developed and made available the first draft of the 2016 Board Operations Committee Work Plan for review and comment at the Committee’s last meeting of 2015. Management Analyst Alicia Gonzales provided a review of the upcoming items for 2016 and will accept any changes to the plan submitted by the Committee.

AGM O’Connor recapped the items that will be coming before the Committee soon, which include items 11, 15, 16, 19, 25 and several equestrian facility RFP’s.

Item 36 – Director Sutter inquired on the status of the item. AGM O’Connor commented that Landscape Architect Kim Fisher will be providing the Committee with an update on the process at a future meeting this year.

99 AGM O’Connor shared he visited a facility called Costanoa in Pescadero and plans to provide snapshots to the Committee, as a potential future layout for District sites.

Ms. Gonzales confirmed that additional items will be added to the list including glamping and convenience camping, the concessions first and second financial reviews, and the District-web history program.

Director Siden suggested to plan a trip to the Tilden Golf Course.

Director Burgis commented it might also be a good Board Field trip to visit the equestrian facilities.

Item 19 – Director Sutter inquired if we adopted the agreement a year ago. AGM O’Connor recalled the term was five years and it expired in 2015. Director Siden inquired on the provisions if the agreement was not renewed. AGM O’Connor stated we are currently in the process of revising their lease and setting the terms.

2. Public Comments

There were no public comments.

3. AGM Comments

AGM O’Connor provided the following updates:

Del Valle – Each year the lake is drawn down to a lower level. This year the water is being used by the water agencies for mixing purposes for water quality. Water is being drawn from the Delta and mixed with Del Valle water and the aqueduct, which assists in meeting state water requirements. Santa Clara Valley Water District (SCVWD), due to the nature of their aging facility, are still required to draw water from Del Valle. We can maintain the level through the holidays, shortly after we are being asked to reduce the water level in the lake. The blue/green algae toxin is now at Del Valle and in the area of the water intakes and there is also a water line break. Most likely we will have a shutdown of water services at the park. The current plan is being created by Chief of Park Operations Mark Ragatz and will be implemented soon. We anticipate keeping the campground, with full services, opened through the holidays. The SCVWD staff will meet with District staff next week to discuss extending our intake system into the lake, in order to be able to draw and produce water for recreational purposes at the park.

City of Fremont Council Meeting – The council approved an ordinance change to allow the citizens/neighbors at Stanford Avenue to petition the City for a parking permit program in the neighborhood. The council members lowered the threshold from 66% to 60%. At the meeting the District was commended for collaborating with City staff on the program and for funding the administrative program, which was part of our budget. The District will pay for permits the first round and in subsequent years they will be paid for by the neighbors. The City completed the administration work, signage and both the City and District Public Safety Department’s will enforce the program together. The cost will be $37,000 for the first year and $12,000 for subsequent years.

100 4. Board Comments

Director Siden commended Management Analyst Alicia Gonzales for the report provided today and to the staff for the work completed this year.

The meeting was adjourned by Director Sutter at 2:22 p.m.

Respectfully submitted: /s/ Denise Valentine Executive Secretary

/dv

101 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

6. CONSENT CALENDAR

b. Finance Committee Minutes and Recommended Actions from the November 23, 2015 (Lane) Attendees

Board: Directors Beverly Lane, Dennis Waespi

Staff: Robert E. Doyle, Debra Auker, Deborah Spaulding, David Sumner, Pam Burnor, Kim Balingit, Nadine Vargas, Precious Shelton, Jim O’Connor, Tim Anderson, Mark Ragatz, Lisa Gonzalez, Carol Victor, Anne Kassebaum, Matt Graul, Kelly Barrington

Public: Rick Rickard- PAC

Committee chair Beverly Lane began the meeting at 12:55 PM with the introduction of committee members.

Agenda Item No. 1 East Bay Regional Park District 2016 Proposed Budget

Budget Manager Pam Burnor presented the EBRPD 2016 Proposed Budget Volumes 1 and 2 and stated that the 2016 proposed budget materials provided an overview of the 2016 proposed budget, on which the Committee’s recommendation to the full Board for approval of the 2016 operating and project budgets was sought.

The 2016 District Proposed Budget is balanced when taking into account planned use of fund balance. The General Fund is balanced and allows for the replenishment of certain contingency reserves.

2016 Proposed Budget Summary

 The District’s total 2016 budget revenue (not including transfers in or use of fund balance/net assets) is $171.2 million, compared to $173 million in 2015.  The District’s total 2016 appropriation (not including transfers out) are $205.9 million, compared to $194.4 million in 2015, a 5.9% increase.

102  Projected District operating costs have increased to $196.5 million in 2016 from $189.7 million in 2015, a 3.8% increase. This increase is a result of increases in wages, benefits, supplies and services.

Changes to Full time Equivalents (FTE’s) The 2016 authorized FTE schedule includes an addition of 19.536 FTE’s when compared to 2015. The 2016 FTE’s, ongoing and one-time, total 781.5. The summaries of positions are:  Increase of 16.006 regular and 2.53 limited term employees: o 10.286 ASCFME employees, 3 management/confidential employees; 3.92 sworn police employees, and 2.33 seasonal/temporary staff.

General Fund Increase in General Fund Revenue  2016 General Fund budgeted revenue is $127.6 million compared to $122 million in 2015 - 4.6% increase, the majority of which is related to property tax revenue.  General Fund transfers-in total $98,000 with funding from the Coyote Hills Linear Park Fund and several permanent funds, to be used toward 2016 operating costs.

General Fund Appropriations  2016 General Fund appropriations total $120.1 million, compared to $114.4 million in 2015, a 5.0% increase. The increase is comprised of personnel costs, supplies and services.  Personnel costs increased by $3.9 million due to the addition of 18.5 positions, increase in wages and benefits included in the AFSCME and Police Association contracts and increased pension costs.

General Fund One-Time Budget Requests – One-time appropriations requested in the 2016 General Fund preliminary budget, funded with the use of the one-time funding sources and excess unassigned fund balance include:  One-time uses: o $500,000 to environmental mitigation, $100,000 to vegetation and fuels mgmt., $110,000 to stewardship and grazing, $100,000 for services related to Legislative communications, $80,000 to information systems, $1 million to the paving program, $500,000 to convenience camping, $300,000 matching funds for grants to mine safety improvements, $310,000 to fleet management, $150,000 towards the Del Valle water system, $129,000 to Quaggel Mussel program, $125,000 to Redwood Canyon Golf Course facility design, $100,000 to major infrastructure renovation replacement fund and appropriating $6.5 million to land acquisitions.

Other Funds  No change from the 2015 budgeted revenue for special revenue funds. Total revenues and transfers-in are projected to total $26.3 million in 2016.  Debt service funds revenue and expenditures decreased, the reduction in budgeted revenue and expenditures reflects the final payment on the 2006 Series AA bonds.

103  Internal service fund revenue and transfers-in increased slightly, expenditures and transfer-out also increased due to increased funding for Districts infrastructure repairs and replacement of major equipment.

Committee member Waespi asked for clarification on the pipeline fire captain position of .490 FTE. Budget Manager Burnor replied even though not a full time position (at .490) it allows the fire department additional work by either a temporary or through overtime with the additional FTE’s. General Manager (GM) Robert E. Doyle added staff requested funding for public safety at Concord Hills Navel Weapon Station in the event property is acquired in 2016.

Committee chair Lane requested information on the appropriation of $500,000 to Environmental Mitigation. GM Doyle replied this pertains to the gun club at Anthony Chabot; adding this is an example of an ongoing costs that exceeds the budget.

Committee chair Lane asked for description of the Executive Assistant position. GM Doyle replied the position is under the Government Affairs Manager as an assistant to new public outreach in the legislative programs.

Committee member Waespi noted he is encouraged the District is adding 19.5 FTE’s and getting new staff in relationship to purchasing new land.

CFO Auker highlighted a number items in the 2016 Proposed Budget for the committee. CFO Auker reviewed Total Resources, funding types, how the budget is put together, list of base line budget increases, summary of one-time appropriations, FTE’s, Special Fund Revenue, Division summaries and pension costs.

Committee chair Lane asked if there are requirements in spending the Measure WW money. CFO Auker advised committee the local grant program has been drawing down bond proceeds and all requests are to be in by 2018, a benchmark set by the Board.

Committee chair Lane requested explanation on District-wide resources chart in the Proposed Budget Volume 1. CFO Auker explained the table is a comparative of District-wide resources from year to year showing the growth in the District.

Committee chair Lane asked for examples of fees and charges for out of District groups receiving programs. Assistant General Manager (AGM) of Operations Jim O’Connor advised he will send chair Lane examples of the fees and charges via email.

Committee chair Lane asked where a special donation would be documented. CFO Auker advised there is a gift fund included in the Special Revenue fund; adding that staff tracks in detail gift donations in the General Ledger.

Committee member Waespi asked if the interagency agreements the District has with Livermore Area Recreation Park District and the Oakland Zoo are contraction agreements with Measure CC. GM Doyle replied yes, the District agreed to assist these agencies during the recession and continue to do so.

104 Committee chair Lane inquired on the amount of money the District is putting into the Quagga Mussel inspection. AGM O’Connor advised the District is receiving money from East Bay MUD and it varies by location. There are four partners splitting the cost at Del Valle. The net cost of fees is $127,000, the District is paying one-fourth of the net cost. The District splits the net costs ($55,000) at Lake Chabot.

Committee chair Lane asked if the Measure CC resources (in the Special Revenue Fund) to extend operations at the Crab Cove Visitor Center will now keep visitor center open year round. Budget Manager Burnor confirmed, noting that prior to Measure CC resources there was only two 9 month employees at the Visitor Center; Measure CC allows those positions to work 12 months and keep the Crab Cove Visitor Center open all year. Committee chair Lane wanted to explore the options of the District paying to keep the Visitor Center open without the use of Measure CC funds.

Committee chair Lane inquired about the 131% increase in the Capital Outlay under project budget. Budget Manager Burnor advised the increase is due to the anticipated expense towards acquisition of land under Acquisition/Stewardship & Development.

Committee chair Lane noted she expects staff to begin the land use planning process for Northern Las Trampas and northwest access.

Committee chair Lane noted she was impressed to see the District has 150 Volunteer Park Ambassadors. GM Doyle complemented Isa Polt-Jones for supervising the Ambassador Program.

Committee chair Lane asked why Public Safety equipment budget went up 190%. Budget Manager Burnor replied the increase is due to two new vehicles for the officers at the Concord Hills Naval Weapon station.

Committee member Waespi appreciated the extra swimming test, continuing training and classes for the high risk low income population.

Budget Manager Burnor concluded her report and requested a recommendation.

Recommendation: Motioned by Dennis Waespi and seconded by Beverly Lane that the Finance Committee recommends to the full Board of Directors to review and accept the 2016 Proposed Budget. Motion approved.

Agenda Item No. 2 2016 Article XIIIB California Appropriations Limit (Gann Limit)

Budget Manager Burnor reviewed with the committee the process of calculating the Gann Limit.

She shared that Article XIIIB of the California State Constitution established a formula to calculate a limit on public agency appropriations of taxes as follows:

105  The appropriation limit applied to maximum appropriations to be charged against property tax. Only the General Fund is subjected to the appropriation limit.  The limit is increased each year by the cost of living factor and the population change factor (the annual increase factor).  The appropriation limit is compared to the appropriation to be paid with property tax. The 2016 appropriation limit is $349.5 million, compared to the appropriations subject to limit, which is $113.9 million, well below the appropriations limit for the fiscal year.

Recommendation: Motioned by Dennis Waespi and seconded by Beverly Lane that the finance committee recommends to the full Board of Directors to review and include this information in the 2016 Proposed Budget.

Agenda Item No. 3 Third Quarter 2015 General Fund and Other Governmental Funds Financial Reports

Assistant Finance Officer (AFO) Deborah Spaulding reported on the General Fund and Other Governmental Funds Financial reports, noting that this quarterly financial reporting combines budget and expenditure information in a single report.

As of September 30, 2015, the District’s financial activities are as expected when compared to prior year and to the current year budget.

General Fund Revenues & Expenditures as of September 30, 2015 Both revenues and actual expenditures are on track for the year.

General Fund Budget Actual % of Budget (in millions) 2015 thru 9/30/15 variance Complete Revenue 122.2$ $ 66.2 $ (56.0) 54.2% Expenditures 130.3$ $ 87.5 42.9$ 67.1% net change in Fund Balance$ (8.2) $ (21.3) $ (13.1)

Attachments to the report provide additional information on the past four years of revenues and expenditures, and comments on areas with revenues or expenditures 10% higher or lower than prior year, along with summarized financial information for all other governmental funds.

AFO Spaulding reported on status of the General Fund Unassigned Fund Balance and reviewed the table below. The table shows that the target Unassigned Fund Balance is $39 million and the estimated ending fund balance based on the budget is $40.6 million. It was noted that the estimated fund balance number is for budget comparison purposes only and will not be updated to reflect actual year-end results until after completion of the CAFR in second quarter 2016.

106 Budgetary General Fund Unassigned Fund Balance Beginning Unassigned Fund Balance (1/1/15) $ 48,820,556

2015 Budgeted Revenue 122,186,537 2015 Budgeted Expenditure 130,337,349 Estimated Ending Budgetary Fund Balance (12/31/15) $ 40,669,744

Estimated Excess (deficit) over 32% Reserve $ 1,570,052

Reserve Target per Policy $ 39,099,692 * (32% of annual revenue) * The Fund Balance Reserve Policy states that 32% of annual revenue is the minimum reserve to be maintained by the District to provide emergency funding in the event of a disaster, temporary revenue shortfall, or other qualified circumstance. Use of the funds requires Board of Director approval.

Committee member Waespi asked what is done with the $1.57 million in excess over reserve. CFO Auker advised committee that District staff at mid-year requests appropriations of one- time items which will come to the Committee and the Board for approval.

Committee chair Lane asked if Acquisition/Stewardship and Development (ASD) has empty positions. AFO Spaulding replied yes however as of today some of these may be filled.

Recommendation: Motioned by Dennis Waespi and Seconded by Beverly Lane that the Finance Committee recommends to the full Board of Directors for approval the Third Quarter 2015 General Fund and Other Governmental Funds Financial Reports. Motion approved.

Agenda Item No. 4 September 30, 2015 Investment Report

CFO Auker presented a report of the District’s investment activity. The report is in accordance with State Law and the District’s Investment Policy. Total cash and investment as of September 30, 2015 was $272,466,032. Pooled cash managed by CFO/Controller decreased approximately $54.2 million from June 30th; this decrease is mainly the result of scheduled debt service payments of $25.2 million made in September and the funding of District operating and capital costs during the third quarter. This drawdown of cash was anticipated, as the major portion of property taxes is received during the months of April and December. Funds managed by the fiscal agents’ decreased $.09 million during the third quarter. The majority of the difference was attributed to the spending of WW project funds.

Year-to-date interest revenue at the end of the third quarter totaled $1,021,764 which is less than the prior year due to $19.6 million less in bond funds invested, however in line with the 2015 budget estimates.

107 Recommendations: Motioned by Dennis Waespi and seconded by Beverly Lane that the Finance Committee recommends to the full Board of Directors for approval of the September 30, 2015 Investment Report. Motioned Approved.

Agenda Item No. 5 Committee Member Comments

None.

Agenda Item No. 6 Public Comment

There were no public comments.

CFO Auker reminded the Board finance committee and staff that there will be no Finance Committee meeting in December, the next meeting is January 27, 2016

Committee chair Lane adjourned the meeting at 2:35 p.m.

Respectfully Submitted,

Connie Swisher Finance Department

108 Page Left Blank Intentionally AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, February 16, 2016

C. BUSINESS BEFORE THE BOARD

6. CONSENT CALENDAR

c. Finance Committee Minutes and Recommended Actions from the October 28, 2015 (Lane) Attendees

Board: Directors Beverly Lane, Ayn Wieskamp, Dennis Waespi

Staff: Debra Auker, Bill Zenoni, Deborah Spaulding, David Sumner, Pam Burnor, Kim Balingit, Meadow D’Arcy, Jim O’Connor, Annie Thomson

Public: Rick Rickard- PAC

Committee chair Beverly Lane began the meeting at 12:30 PM with the introduction of committee members.

Agenda Item No. 1 Formation of Community Facilities District to Fund Maintenance of Open Space in the Las Trampas Area

Asst. Finance Officer (AFO) Deborah Spaulding reported the District is in the process of forming a second Community Facilities District (CFD) as a mechanism to fund park maintenance services for open space areas dedicated to the District through development. The CFD proposed is for a 740-unit development project located on 450 acres, called the Faria Preserve in San Ramon. The City of San Ramon required the Faria Preserve to include the dedication of approximately 140 acres of open space to the District.

Special tax consultant, Tim Seufert, Managing Director with NBS was available to answer questions.

AFO Spaulding presented the proposed timeline for the CFD formation process:  November 17, 2015 – Board adopts Resolution of Intention to establish CFD, the Rate and Method of Apportionment (RMA) and Boundary Map.  December 2, 5015 – District records CFD Boundary Map with Contra Costa County  December 18, 2015 – District mails CFD Election Materials to Developer  January 5, 2016 – District publishes Notice of Public Hearing in general newspapers

109  January 12, 2016 – Board of Directors approves CFD formation.  January 27, 2016 – District records Notice of Special Tax Lien with Contra Costa County

Cost Model & Allocation The cost model includes the full expenses of managing the parking, trailheads, and facilities in and around the site, and the trails that connect into Las Trampas Wilderness.  The cost to maintain this property, which includes public safety costs, is approximately $150,000 per year. Roughly one-third of the total cost will be borne by the District and the remaining two-thirds of the cost ($105,000), will be assessed to the property owners in the CFD as shown below:

Rate per EDU $210.76

Lot Size EDU Total CFD Rate Total Land Use Units Description *Factor EDUs per Unit Revenue SFR 1 50' x 100' 121 1.00 121.00 $211.00 $25,531 SFR 2 46' 70' 72 0.90 64.80 190.00 13,680 SFR 3 35' x 65' 63 0.85 53.55 180.00 11,340 Condominiums 182 0.75 136.50 159.00 28,938 Apartments 216 0.50 108.00 106.00 22,896 Senior Apartments 86 0.20 17.20 43.00 3,698 Totals: 740 501.05 $106,083

*EDU – Equivalent Dwelling Unit

Committee chair Beverly Lane asked if the same proportions were used in the first CFD the District created. AFO Spaulding responded no, in the first CFD it was recommended by the Committee that the District bear more of the cost due to fewer homes. She added each CFD can have a different cost model based on their unique situations.

AFO Spaulding added the Faria development has different unit sizes within the development, larger singles family homes to apartment units. NBS advises the District allocate the cost according to the equivalent dwelling unit (EDU) factor.

CFO Debra Auker reported to committee there is language in the RMA noting if there is any change in the number of apartment units the owner is still responsible for the overall total special tax due. This will protect the District if they build less units than planned.

Committee chair Lane asked if cost is the same to set up a CFD as with the Zones of Benefits (ZOB). NBS Tim Seufert responded a CFD is easier with fewer annual requirements. In addition CFD’S as compared to ZOB allow a built in inflation factor.

Committee chair Lane asked Senior Planner Annie Thomson if permits have been received for development. Senior Planner Thomson advised developer has approval from City of San Ramon

110 and received resource agency permits. Committee chair Lane inquired if staging area will be at Chin property off Bollinger Canyon. Senior Planner Thomson responded yes.

AFO Spaulding concluded by thanking Senior Planner Thomson for her work.

Recommendation: Motioned by Ayn Wieskamp and seconded by Dennis Waespi that the Finance Committee recommends to the full Board of Directors acceptance of the materials for establishing the Community Facilities District No. C-2 Las Trampas. Motion Approved.

Agenda Item No. 2 2016 Proposed General Fund Budget Summary

Budget Manager Pam Burnor presented a review on the status of the 2016 budget process and provided an overview of the 2016 proposed General Fund budget. The 2016 General Fund proposed budget is balanced with approximately $127.9 million in budgeted revenue and appropriations (4.8% increase from 2015).

2016 Proposed General Fund Revenue Budget as Compared to 2015 Adopted Budget:  2016 property tax budgeted revenue is $5 million higher than 2015 budgeted revenue, a 4.5% increase.  2016 budgets in various other revenue sources increased $772,132, the majority in charges for services.  2016 General Fund transfers in are budgeted at $98,000.

2016 Proposed General Fund Appropriations as Compared to the 2015 Adopted Appropriations:  Personnel: 2016 salary/benefits increase is approximately 4.8%: 1) this included changes resulting from 2013 contract, which impacts AFSCME, confidential and management, 2) 2016 budget includes COLA and changes from 2014 contract with the Police Association, 3) increase in salary/benefits also incorporates the 2016 General Fund increase in staffing of 18.356 FTE’s (Full Time Employees).  Supplies: Supplies budget increases 2.1%, the majority for a one-time appropriation slated for purchases of rolling stock costing less than $25,000.  Services: Services budget increases 8.8%; included in increase is mitigation related to Anthony Chabot, the Quagga Mussel Response and Redwood Canyon banquet center.  Capital Equipment: Capital equipment decreases 5.9%.

2016 General fund Transfers Out to Other Funds Annual transfers out to projects and debt service are roughly $6.9 million, about the same as 2015, which include these new items:  Del Valle Convenience Camping at $500,000  Black Diamond Mine Improvements at $310,000

111 2016 General Fund Operating Budget Highlights: (handouts provided showing pipeline positions breakdown by divisions)  $3 million base budget requests are funded in the 2016 General Fund proposed budget, plus $3 million one-time funding requests.  Funding for new pipeline personnel and operating expenses.  2016 budget process proposes 19.536 additional staff FTE’s, District-wide.

Committee chair Lane asked of the positions added, are two for Public Safety in Concord Hills. CFO Auker responded yes and added the remaining pipeline positions for Concord Hills will be held over to future years.

AGM Operations Jim O’Connor highlighted Operations is adding an additional park ranger to Mission Peak due to challenges at the park. Admin. Analyst Meadow D’Arcy added an additional Public Safety CFO position is also slotted for Mission Peak.

Committee chair Lane asked if District is adding another Deputy District Council. CFO Auker replied yes there is a need for another attorney due to Workman’s Compensation has become a complexed area.

Committee member Ayn Wieskamp asked if District is funding the water issue at Del Valle. AGM O’Connor responded the study for the water issue is funded; adding staff is investigating possible grant funds to help support the project.

Budget Manager Burnor concluded her report stating the next steps in the budget process: Nov 16 Proposed Budget delivered to the Board of Directors/Finance Committee Nov 23 Proposed Budget presented to the Finance Committee Nov 23 Proposed Budget presented to the Park Advisory Committee Dec 1 Introduction of Proposed Budget to the Board of Directors first public hearing Dec 15 Adoption of Proposed Budget by the Board of Directors second public hearing

Recommendation: None. This is an informational item only.

Agenda Item No. 3 Committee Member Comments

Committee member Dennis Waespi asked status of filling the Deputy General Manager position. CFO Auker replied Human Resources is conducting interviews on October 30, 2015.

Committee chair Lane asked for status of Tilden EEC, the improvements in the space to bring 1930 map and wheelchair accessibility. AGM O’Connor advised the Board recently approved the ADA ramp. Operations will move forward with ramp, once complete Creative Services will install the map, it will be completed early 2016.

Agenda Item No. 4 Public Comment

112 No public comments.

Committee chair Lane adjourned meeting at 1:40 pm.

Next meeting is November 23 (Monday), 2015 at 12:30 p.m.

Respectfully Submitted,

/s/ Connie Swisher Finance Department

113 NEWSCLIPS The Once-In-A-Lifetime Ladybug Love-In By Elliott Kennerson, KQED Science February 9, 2016 With their charming spots and bright red bodies, ladybugs are pretty hard to miss. We’re used to seeing them alone, picking off sap-sucking aphids in the garden. But at certain times of year, ladybugs head for the hills to assemble in huge groups, called aggregations, clumping together in layers several bodies thick.

Ladybugs find safety in numbers, broadcasting their warning red color to predators. (Elliott Kennerson/KQED)

This arresting, almost uncanny sight—roiling masses of tiny red bodies jostling for position on rocks, logs, and branches—is typical of the “convergent” ladybug whose range covers a great deal of North America.

In the Bay Area, one of the best places to view ladybug aggregations is Redwood Regional Park in Oakland. Between November and February, numerous points along the park’s main artery, the Stream Trail, are swarming with the insects.

Movement is chaotic in a ladybug aggregation. (Josh Cassidy/KQED)

“People love ladybugs, ” said Michael Charnofsky, a naturalist with East Bay Regional Park District who leads ladybug walking tours. “And to see so many in one location is 115 fascinating to people. Hundreds, thousands, tens of thousands…it’s outside the realm of their experience.”

Scientists believe the behavior evolved as a way for a solitary species to reproduce and to cope with a limited winter food supply. After fattening themselves up, and before bedding down for winter, these ladybugs are getting together to take care of some final business—namely, mating.

Ladybugs normally live solitary lives. (Josh Cassidy/KQED ) Ironically, convergent ladybugs, which are actually beetles, are not named for this behavior. The word “convergent” in their name refers to the characteristic white lines behind their heads.

In California, ladybugs spend most of the year on crops in the Central Valley, or on domestic garden plants, feeding on aphids. When the weather starts to turn chilly, however, the aphids die off in the cold.

Ladybugs eat aphids for most of the year. (Josh Cassidy/KQED) With food becoming scarce, the ladybugs take off, flying straight up. The wind picks them up and carries them on their way, toward hills in the Bay Area and coastal mountain ranges.

“They are literally blown into the mountains,” said Christopher Wheeler, who studied ladybug behavior for his Ph.D. at UC Riverside. “At first, they’re spread out. They use a combination of visual cues and smell to start to find each other.”

116

Departing ladybugs fly straight up in the air. (Josh Cassidy/KQED)

Pheromones left behind in the mountains from previous aggregations lead these newcomers right to the best wintering spots. One type of chemical even comes from the ladybugs’ feet.

“Wherever they walk, they leave behind a chemical trace. These sites are covered in it,” said Wheeler.

Ladybugs leave pheromones behind in their footsteps. (Josh Cassidy/KQED) As the ladybugs trickle in one by one, the aggregation grows.

While these gatherings might seem to make the ladybugs more visible, and therefore more vulnerable to predators, the opposite is probably true, scientists say. Their higher numbers serve to magnify the warning broadcast by their red color.

“Predators have evolved to avoid that kind of visual signal,” Wheeler said.

And that red color is no red herring. “They truly do taste bad. In high enough concentrations, they can be toxic,” he said.

Within the ladybug clumps, the movement is scrambling and unpredictable, not hierarchical like in a beehive or ant hill. Scientists think that the females—about half of the population, all of them previously unmated—may be selecting mates amid the chaos.

117

Aggregating ladybugs seem to jostle for position. (Elliott Kennerson/KQED)

Finally, the beetles hunker down underground, entering “diapause” or deep hibernation. Chemical changes in the ladybugs’ bodies prevent them from freezing or drying out. They can stay underground safely, even covered in snow, for up to three months.

The reemergence is gradual.

Finding mates is one reason ladybugs aggregate. (Josh Cassidy/KQED)

“In snowier areas, it’s more of a deep hibernation,” said Charnofksy. “It really depends on temperature more than anything. When it warms up, you start to see them becoming more active again.”

When spring arrives, warmer daytime temperatures urge the dormant aggregators to venture forth and return home, where a diet of aphids awaits.

Black bean aphids are a ladybug favorite. (Josh Cassidy/KQED) 118

Weather purges San Francisco Bay Area lakes of toxic algae

Wednesday, February 10, 2016 OAKLAND, Calif. (AP) — Heavy rain and a cold El Niño winter have purged three East Bay swim lakes of toxic algae that flourished in the drought last year and led to swim bans, lost lifeguard jobs and changed vacation plans.

The Oakland Tribune reports (http://bayareane.ws/1nYjzsv ) that the beach at Quarry Lakes Recreation Area in Fremont has reopened to swimming after repeated tests showed the lake free of blue green algae.

The algae also has dissipated at Lake Temescal in Oakland and Lake Anza in Berkeley. Swimming has not resumed yet in those two lakes, however, as they are regularly closed until the swim season begins in late April.

Del Valle Reservoir in Livermore remains closed to swimming because of an algae bloom that flourished in December. The algae can cause nausea, vomiting, and headaches in humans, and it can kill dogs.

119

More intrigue surrounding Concord Naval Weapons Station By Lisa P. White [email protected] 02/10/2016 UPDATED: ABOUT 4 HOURS AGO CONCORD -- Allegations of influence peddling and backroom deal-making involving two local homebuilders last year threatened to derail the selection of the Concord Naval Weapons Station developer, records show.

An unidentified builder reportedly asked Catellus Development Corp. for money in return for securing Concord City Council support, prompting Concord to ban negotiations with third parties. Shortly before city leaders were set to consider a developer for the former base, then-Mayor Tim Grayson raised concerns that Catellus was discussing a side deal with the Seeno family, owners of the Concord- based home building empire.

With millions of dollars and the success of the long-planned residential and commercial project at stake, city staffers acted swiftly to preserve the integrity of the developer selection process, according to emails this newspaper obtained.

The first issue arose a month into the city's negotiations with Catellus and Lennar Urban, the two firms vying to develop the first phase of the former military base.

"Are you guys getting pressured by one or more locals indicating some sort of purported mandatory 20 percent to local builders?" Michael Wright, former executive director of the Local Reuse Authority wrote in a June 1 email to Catellus Vice President Steve Buster.

Catellus President Ted Antenucci initially told Wright that a local builder had expressed a desire to be involved in the project. Then on June 5, Antenucci wrote in an email to Wright that the situation had "escalated." Antenucci explained recently that the builder -- whom he declined to identify but said was not a Seeno company -- had asked to be involved in the "economics of our proposal."

"It was a significant request and we were told that if we didn't comply they were going to talk to Lennar and that raised a concern of ours and we asked that language be added to the (negotiating) agreement," Antenucci said.

No local builders approached Lennar, spokesman David Satterfield said. 120 The city took Antenucci's allegations seriously.

"I have discussed situation with city manager and city attorney, they are appalled," Wright wrote Antenucci on June 6. "We will go into closed session to get council to approve very specific language (that) will preclude either firm from entering in to any side agreements with development or labor because it impacts value.

"Depending on the specific language used to justify the ask, this may be a situation where we are bound to notify the district attorney," Wright added.

On June 26, the city prohibited Catellus and Lennar from negotiating with vertical builders and other third parties. Both Wright and City Manager Valerie Barone declined to comment about the possible influence peddling that led up to the council action.

The selection process seemed to be back on track until September when Grayson claimed that Catellus was discussing a partnership with the Seeno family. In 2014, Seecon Financial & Construction Company, a Seeno company, had responded to the city's call for developers but was not among the four firms invited to submit a formal request for proposal for the base reuse project.

On Sept. 17, less than two weeks before the council was to discuss choosing the weapons station developer, Wright sent Antenucci and Buster an urgent email saying Grayson was "adamant" Catellus and Seeno were talking and that "Seeno is plotting some way of gaining control of the project through Catellus."

A Seeno representative could not be reached for comment. Although the email said his information came from a source within the Seeno organization, Grayson on Tuesday said he did not recall saying that. However, he felt it was his responsibility to notify city staff so they could investigate.

"We were assured that something like that could not happen," Grayson said.

Antenucci said a consultant called him on Sept. 10 offering to arrange a meeting with a Seeno family member, but he declined. Catellus strongly denied any involvement with Seeno companies.

Wright believed them.

"I have already told city this is BS (in those terms)," Wright wrote Buster on Sept. 17. "This is Mary Jo Rossi throwing mud on a wall to see what sticks."

Rossi, a well-connected local political consultant who has represented candidates for elected office as well as several East Bay police unions, is Grayson's Assembly 121 campaign manager. She arranged for Grayson to meet twice in August with former San Francisco Mayor Willie Brown, a principal at an investment fund that does business with Lennar. She also joined council members and city staffers when they visited a Catellus project in Austin, Texas, and toured Lennar's development in Irvine last summer. The trips were open to the public and Rossi said she paid her own way.

"I have no idea what Mike Wright is talking about," Rossi wrote in an email last week.

Wright said he does not know who started the Seeno rumor and there was no truth to it.

"The issue got raised multiple times and staff answered the question multiple times that there was no relationship between Catellus and the Seeno family of companies," he said last week.

Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011. Follow her at Twitter.com/lisa_p_white.

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Public meeting Thursday about releasing Concord Naval Weapons Station report By Lisa P. White [email protected] 02/10/2016 28 MIN. AGO CONCORD -- The City Council on Thursday will discuss releasing a report on an independent investigation into whether one of the two firms competing to develop the Concord Naval Weapons Station improperly lobbied the council.

The public meeting begins at 5:30 p.m. at City Hall, 1950 Parkside Dr.

If council members decide to release the report, it would be posted online by 10 a.m. Friday at www.concordreuseproject.org. Copies of it also would be available on CD at the reuse project office at City Hall.

After the city pulled a recommendation for Catellus Development Corp. from the staff report, the company demanded that Concord investigate whether Lennar Urban and its associates had lobbied council members in violation of the negotiating agreement both firms signed in May, and whether the lobbying led to the omission of a recommendation.

The allegations included possible meetings with former San Francisco Mayor Willie Brown, a principal at an investment fund that does business with Lennar, as well as campaign contributions to Mayor Tim Grayson's state Assembly campaign.

The Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base.

Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011. Follow her at Twitter.com/lisa_p_white.

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02/08/2016

Looking west towards the Concord Naval Weapons Station in Concord, Calif., on Saturday, Aug. 15, 2015. (Jose Carlos Fajardo/Bay Area News Group) Until last summer, it appeared city officials were being transparent about planning for the Concord Naval Weapons Station development.

That façade has crumbled. Political intrigue has replaced that sense of fairness. Twice now, City Manager Valerie Barone made last-minute changes that have cast shadows over the integrity of the process. It's unclear if she acted on her own, as she claims, or under pressure from the council. It is clear that she misled the public, which is inexcusable. Meanwhile, following the tragic suicide of City Attorney Mark Coon, an outside lawyer was hired to finish investigating allegations of influence-peddling surrounding selection of a master developer for the massive project. The Concord City Council will receive the investigator's report in closed session Tuesday. It must be made public. More secrecy cannot be helpful and should not tolerated. There's too much at stake. The plans for housing, office buildings and commercial space will cover an area half the size of the city of Pleasant Hill. 124 For a decade, the planning process seemed above board, balancing concerns of environmentalists, neighbors, transit officials, educators and builders. Then, last year, as selection of the developer neared, backroom politics reared its ugly head. Mayor Tim Grayson accepted $16,800 in donations to his state Assembly campaign from firms linked to Lennar Urban, one of the two finalists. He later returned the money and claimed he didn't realize the contributors were connected. He and his campaign manager, Mary Jo Rossi, also sought political advice from former San Francisco Mayor Willie Brown, a Lennar advocate and principal at an investment fund that does business with the builder.

Meanwhile, the project's planning director announced his retirement. He was replaced by Guy Bjerke, a politically connected former councilman with an apparent conflict as former CEO of the Building Industry Association Bay Area.

Bjerke was one of five job candidates interviewed by a panel of outside experts. As reporter Lisa White discovered through a Public Records Act request, he didn't make the cut with them in part because he lacked experience with military base reuse projects.

But Barone, when announcing his hiring, said Bjerke was one of two finalists. She didn't mention that was only because he was brought back into the selection process at the last moment, a decision she now says she made.

Soon after, city staff finalized its analysis of the two competing developers' proposals. But before its release, the staff recommendation for Catellus Development Corp. over Lennar was deleted. Barone claims that was also her call, but newly released documents suggest council involvement.

The surprising removal of the recommendation prompted Catellus' demand for the investigation. The company and the public deserve to see what it found.

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East Bay's Park It: Treat your valentine to nature's beauty

By Ned MacKay Columnist Valentine's Day weekend will soon be here, and it will not pass unnoticed in the East Bay regional parks, where staff naturalists have scheduled lots of valentine- themed hikes. Here's a roundup:

At Big Break Regional Shoreline in Oakley, Feb. 14 is "Love Your Parks Day." From 2 to 3 p.m., the interpretive staff will host a program about why people and animals alike love the parks, and how we can preserve parklands for future generations. Big Break is at 69 Big Break Road off Main Street. For information, call 888-327-2757, ext. 3050. Amorous amphibians will be the focus of a walk from 10 a.m. to noon Feb. 14 at Briones Regional Park, led by naturalist Eddie Willis. It's an easy, 1-mile stroll to a newt and frog pond from the trailhead at the top of Briones Road off Alhambra Valley Road in Martinez. For directions, call 888-327-2757, ext. 2750. There are also plenty of newts and frogs in a quarry pond at Sibley Volcanic Regional Preserve in Oakland. You can join a naturalist on a moderate 3-mile hike to the pond from 10 a.m. to noon Saturday. Meet at Sibley's Skyline Boulevard entrance, just a bit south of the intersection with Grizzly Peak Boulevard. Call 510-544-3187 for information. And there's more. Naturalist Morgan Dill will lead a 2-mile walk in Redwood Regional Park in Oakland from 2 to 4 p.m. Feb. 14 in search of the park's more amorous animal residents. Meet Morgan at the Canyon Meadows staging area, which is at the end of the park's entrance road off Redwood Road, a couple of miles past Skyline Boulevard. Call 510-544-3187. Love is in the air at Garin Regional Park in Hayward, too. Naturalist Francis Mendoza will lead a newt hike there from 10 to 11:30 a.m. Feb. 14. It's for ages 12 and older. Meet Francis at the Garin Barn Visitor Center. The barn and park are at the end of Garin Avenue off Mission Boulevard. Call 510-544-3220 for information.

And "Love in the Wilderness" is the theme of a hike from 8:30 to 11:30 a.m. Feb. 14 at Sunol Regional Wilderness, led by naturalist Cat Taylor. The group will look for "amorous amphibians and rapturous raptors." This one's a steep, possibly muddy, 3.2-mile climb, for ages 7 and older.126 Sunol Wilderness is at the end of Geary Road off Calaveras Road, 5 miles south of Interstate 680 in southern Alameda County. For information, call 510-544-3249. Berkeley: The weekend schedule is full at Tilden Nature Area near Berkeley, with programs for kids and adults. Family Restoration Day is from 1 to 2:30 p.m. Saturday. Meet at Tilden's Environmental Education Center. Naturalist Morgan Evans will lead the group in interactive games that demonstrate nature's interrelationships while helping to remove invasive plants. It's for ages 6 and older.

Then Morgan will host "spinning a yarn storytelling" from 3 to 4:30 p.m. the same day. Visitors can watch wool being spun at the Little Farm while hearing some tall tales. Fireside story time is from 11 a.m. to noon Feb. 14 at the center, featuring children's stories about farming, insects and other nature themes.

It all ends with an adult-rated Valentine's Day walk from 5 to 7 p.m. Feb. 14, led by naturalist Trent Pearce, in search of amphibians, spermatophores and nuptial pads. The walk is for ages 21 and older. Meet at the Tilden Golf Course. The Little Farm and Environmental Education Center are at the north end of Tilden's Central Park Drive. The golf course is on Golf Course Road. For information on any of the Tilden programs, call 510-544-2233.

Alameda: In collaboration with the East Bay Regional Park District, the National Park Service and the Alameda Recreation and Parks Department, the Alameda Public Library has created Libraries Outside, with the goal of making it easier for people to enjoy the outdoors.

The library has assembled 20 day packs filled with field guides, binoculars, trail guides, maps and information on junior ranger activities. The packs can be checked out for three weeks by anyone with an Alameda Free Library card.

The partnering park agencies also give naturalist and ranger talks at the library, guide hikes and organize workdays in the park systems. For more information on the Libraries Outside program, as well as a nature-themed book club being established, visit www.librariesoutside.us.

Algae Alerts: There's good news at three park district lakes. Algae blooms have cleared up at Lake Anza near Berkeley, Lake Temescal in Oakland and Quarry Lakes in Fremont. So it's safe for dogs to go into the water. However, the algae is still present at Lake Chabot in Castro Valley and Lake Del Valle south of Livermore. Keep your dogs out of those two lakes until further notice; the algae can be fatal to them.

Ned MacKay writes a regular column about East Bay Regional Park District sites and activities. Email him at nedmackay@comcast127 .net.

Concord pulled recommendation for weapons station developer By Lisa P. White [email protected] : 5 DAYS AGO

CONCORD -- A week before the City Council was set to consider a developer for the Concord Naval Weapons Station, the city hastily scrubbed the recommendation to award the coveted contract to Catellus Development Corp., records show. The decision to pull the recommendation from the staff report in September set off a chain reaction that culminated with Concord postponing the developer decision indefinitely while an independent investigator looked into allegations by Catellus that its competitor Lennar Urban improperly lobbied the council. City Manager Valerie Barone has maintained that she made the decision to delete the recommendation, but emails this newspaper received through a public records request raise questions about the council's role. On Tuesday, city leaders are scheduled to vote in closed session whether to waive attorney-client privilege and release the investigator's report. The Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base. Before the selection process was stalled, the city had been negotiating with the two firms over terms such as how much money they would invest in the project and the rate of return each expected. City staff endorsed Catellus because the company offered the possibility of more money for Concord; provided dedicated funding for affordable housing and public transportation; would have included more developers in the project; and committed to working collaboratively with residents and city officials, according to the original version of the staff report. But on Sept. 22, project consultant Mike Wright sent Catellus President Ted Antenucci an email about the abrupt shift in the city's approach.

"Council has officially reversed its request for a staff recommendation and the staff report will be issued without one, over my strong objections," wrote Wright, the former executive director of the Local128 Reuse Authority. "The council is aware that if a recommendation were made that it would be for Catellus. I am truly sorry about this." Wright declined to comment because this issue will be addressed in the investigator's report. Citing Tuesday's closed session meeting, Barone also declined to comment on Wright's email. However, she has said she decided to break protocol and leave a recommendation out of the staff report because both Catellus and Lennar are highly qualified, and the report describes the differences between the two proposals.

"I did individually speak with each council member before I implemented my decision to see if not having a staff recommendation was a problem," Barone wrote in an email in October.

It appears the council did not express a strong desire for or against it.

At the time, Councilman Edi Birsan was adamant that he did not want one; Councilman Dan Helix did, and Councilwoman Laura Hoffmeister said she had no problem not having a recommendation.

Councilman Tim Grayson, who was mayor at the time, said last week that he preferred staff "stick strictly with the facts." Councilman Ron Leone has recused himself from voting on the master developer because he lives within 500 feet of the former base.

Two days after Wright told Antenucci about the staff report, Catellus sent a letter demanding that Concord investigate whether Lennar and its associates had lobbied council members in violation of the negotiating agreement both firms signed in May and whether the lobbying led to the omission of a recommendation.

Catellus' allegations included possible meetings with former San Francisco Mayor Willie Brown, a principal at an investment fund that does business with Lennar, as well as campaign contributions to Grayson's state Assembly campaign. "We were aware that the recommendation was for us, and that's one of the reasons why we felt it was unfair that the (original) report wasn't issued," Antenucci said. "Knowing that was done after everyone was aware of the fact that we were the one recommended, it felt like we were being intentionally disadvantaged, and it raised concerns, which is why we ultimately wrote the letter."

Catellus almost walked away from the project, emails reveal.

Lennar, which has strongly denied any wrongdoing, declined to comment.

Although all five council members have said Lennar did not lobby them, Grayson 129 sought campaign advice from Brown during two meetings in August. In September, Grayson returned $16,800 in contributions to his Assembly campaign from companies or individuals associated with Lennar.

Grayson initially opposed postponing the Sept. 29 vote on the master developer selection to allow time for the city to investigate Catellus' claims. "I am, and will, go on record as stating we should have stood our ground!" he wrote in a Sept. 26 email to Barone.

Grayson now says he was frustrated that Catellus waited until a few days before the meeting to raise concerns about the integrity of the selection process. In retrospect, he said, "I don't think it would have been wise to hold the vote that following Tuesday."

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Hunting for park jobs at the East Bay Regional Park District Youth Job Fair

Updated Feb 4, 2016

Photo by Michele Chatburn

The East Bay Regional Parks District recently held their Youth Job Fair, on Saturday, Jan. 30, at the Big Break Visitor Center, in Oakley. The popular event drew crowds of young people, aged 15 to 24, who were looking for summer jobs.

131

The rushing majesty of Little Yosemite

By Tom Stienstra

Thursday, February 4, 2016

Photo: Tom Stienstra / The Chronicle Faith Henry and Rafer Clive enjoy a rock perch amid a succession of miniature waterfalls in a pool- and-drop rocky gorge of Little Yosemite at Sunol-Ohlone Regional Wilderness in East Bay hills near Sunol

If you haven’t seen Little Yosemite, it looks far different than you might imagine. Even if you have seen Little Yosemite in the past few years, it also looks far different now than you probably would imagine it.

Skiers giddily paying steep prices for Tahoe slopes’ fine snow

Rare shot of a pika chosen as Wildlife Photo of the Year 132

Heavy rain last weekend saturated the hills and flushed water through the aquifers and into the headwaters of Alameda Creek. It turned a rocky gorge, dry for much of the past five years, into a rushing torrent of miniature waterfalls, pool-and-drop.

“I’ve been here before, too, and never seen anything like this,” said Rafer Clive, who took a seat with Faith Henry on a boulder overlooking the gorge and cascades.

The entrance to Sunol-Ohlone Wilderness is about 6 miles from Interstate 680 near Sunol. It’s a gateway for a wilderness that spans 30 miles east to Del Valle Regional Park (south of Livermore), 8 miles west to Mission Peak (near Fremont).

It’s one of the best parks for hiking, biking, horseback riding, wildlife watching and camping in the Bay Area. Abundant populations of ground squirrels give rise to some of the highest numbers of golden eagles, red-tailed hawks, prairie falcons and peregrine falcons anywhere. In addition, there are high numbers of deer, and predators that eat them, including mountain lions, bobcats and coyotes.

A series of sandstone crags, Flag Hill, Cerro Este and others, rises from the ridges. The crags provide towering views over the valley below and the Alameda Creek watershed. On the crags, if you look closely, you can see fossilized shells in the rock that tell a story of when these mountaintops were once on the bottom of the sea. From Little Yosemite, the trip can be expanded to these more distant landscapes.

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Increase in rainfall flushes out toxic algae in Tilden Regional Park’s Lake Anza

By Harini Shyamsundar | Staff Last Updated February 4, 2016 Toxic algae fueled by heat, dry weather temporarily shuts down Lake Anza Body found at Tilden Park identified as that of former UC Berkeley student A recent increase in rainfall in the East Bay has flushed out toxic algae from Tilden Regional Park’s Lake Anza.

Lake Anza closed in September 2015 when East Bay Regional Park District officials discovered unsafe levels of microcystin, a toxin produced by blue-green algae, which thrives in warm climates. Two months earlier, EBRPD officials shut down Oakland’s Lake Temescal because of a similar occurrence of algae-related lake toxicity.

Both lakes were closed for most of the 2015 swim season, according a December EBRPD board meeting agenda. Since EBRPD discovered the algae in September, funds have been allocated to the district’s Water Resources Management Unit to monitor lake toxicity on a weekly basis.

According to EBRPD spokesperson Carolyn Jones, Lake Anza has not had any toxicity readings for more than two months, when the rains first began.

“We will continue to do the testing religiously,” Jones said.

Jones added that the dissipation of lake toxins has been completely natural. EBRPD has tried to take steps to reduce the possibility of algae growing, but Jones said using chemicals is the district’s last resort.

The lake is expected to reopen in April in time for swim season, Jones said, though algae may return if temperatures rise again. According to Jones, a similar phenomenon occurred in Lake Temescal, which has produced toxic algae on and off for a couple of years.

134 “People’s dogs swim in Lake Anza,” Jones said. “People swim in the lake. We have to be extremely cautious.”

No one, including the district’s staff, is completely sure what causes the algae to become toxic, according to Jones.

The first-ever toxic algae bloom in the East Bay occurred in 2014, EBRPD officials reported last year. They emphasized the impact of California’s drought on the incident, citing in particular the lake’s unusually low water levels and warmer temperature.

EBRPD will continue to warn people of the algae’s presence in the lakes with signs and online notices, but Jones said the district hopes the outbreak will not resurface.

“We appreciate everyone’s patience,” Jones said. “(Lake Anza is) a beautiful lake, and it would be a drag to see it closed down in the middle of summer.”

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Hills tree removal plan debated at Kehilla Synagogue By Oksana Yurovsky Correspondent UPDATED: 6 DAYS AGO

A grove of eucalyptus trees tower over other native trees and shrubs in the Claremont Canyon in Oakland, Calif., on Tuesday, Oct. 1, 2014. (Laura A. Oda/Bay Area News Group) ( Laura A. Oda ) PIEDMONT -- The $5.67 million grant from the Federal Emergency Management Agency that would be used to remove eucalyptus and other non-native trees in the Oakland and Berkeley hills continues to be embroiled in a stalemate after two local groups sued the agency early last year.

The Sierra Club, which supports tree removal and the Hills Conservation Network, a neighborhood group that opposes it, filed suit separately after the agency released a final version of an environmental-impact statement, which both parties found deficient. FEMA approved fire mitigation funds in March 2015 for an area spanning more than 2,000 acres. The funds would be shared by the City of Oakland, UC Berkeley and the East Bay Regional Park District. The park district favored thinning out the trees over time while Oakland and the university wanted to clear-cut the non- native eucalyptus, acacia and Monterey pine. FEMA initially approved the clear- cutting approach, but its official announcement advised thinning the trees over a period of time in an approach it dubbed "unified methodology." The Sierra Club has contended that because the "unified methodology" approach was not only absent from the draft EIS. and did not give the public time to review it, it does not go far enough to decrease the fire risk posed by the thick overstory of trees and eliminates restoring select sites to native grasslands, which would serve as animal habitat and a fire break between buildings. The Hills Conservation Network, on the other hand, believes the agency's new plan is still too extreme and does not provide answers to environmental concerns like carbon dioxide emissions and herbicide use. 136 After the Oakland hills firestorm in October 1991 killed 25 people and burned thousands of homes, preventing a similar inferno has been a hotly debated topic ever since. Opinions on this issue are polarized, with the Hills Conservation Network on one side and the Sierra Club on the other. The Claremont Canyon Conservancy, made up of about 500 residents, is also in favor of complete removal but opted not to join the lawsuit. The two sides came together for a recent community meeting at Kehilla Community Synagogue in Piedmont. Norman La Force, chairman of the Sierra Club East Bay Public Lands Committee, faced off against Dan Grassetti, president of the Hills Conservation Network. According to La Force, removing the eucalyptus trees is the only way to significantly reduce fire danger. "They are extremely flammable, that's why in Australia they're called the 'gasoline tree,'" he said at the meeting. Because the eucalyptus produces a toxin that stifles other plant growth, removing trees in selected areas "enables the biodiversity that existed before the planting of these monoculture plantations of eucalyptus in the 1900s to come back," La Force said.

The goal, La Force said, is to promote a diverse ecosystem where native plants and animals, such as the endangered Alameda whipsnake, can thrive.

La Force, who lives in El Cerrito, advocates for removing other flammable trees like the Monterey pine and acacia. He said that the plan would have the added benefit of restoring biodiversity where little currently exists and would cost less to maintain.

Grassetti does not see the eucalyptus trees as invasive outsiders.

"Does it really make sense to say that at some arbitrary point in the past is when everything was right?" he said. The neighborhood group represented by Grassetti wants to preserve the eucalyptus and decrease fire danger by removing the large amount of debris shed by the trees each year.

"If the objective is to actually reduce the fire danger then we would remove all of these other story fuels on a regular basis," he said. "That's what would really work."

This option involves removal of debris as well as any other grasses or brush growing around trees.

La Force countered that constant debris control would not make the hills safer, calling it a "perpetual project" that would137 likely be neglected as in years past. "You're going to end up with a situation in which the eucalyptus stay and remain dangerous." he said. "The agencies don't have the money (for maintenance) ... it's something like $150 for each house parcel for cleanup and protection of those hills."

Hills residents have voted down proposed parcel taxes that would fund fire mitigation.

An herbicide called Garlon would be applied by hand to eucalyptus stumps to prevent sprouts. While the EIS. states that the substance does not "accumulate in people or other organisms" which makes health risk "unlikely," Grassetti and others are not convinced that enough research has been done.

While the FEMA document states that "fire behavior is complex, and it is possible to reduce one fire behavior measure while increasing another," it does say that "strips of eucalyptus bark are particularly likely to become firebrands," or embers, which "can start new fires more than half a mile away," a fact the agency attributes to the spread of the 1991 fire.

According to the report, eucalyptus and Monterey pine are prone to crowning or spreading into the canopy and spewing burning embers from the top. Opponents of removal argue that the potential danger from eucalyptus is overblown.

"The 1991 fire was a horrific event, but it had little to do with the trees; it was a house-to-house fire," Grassetti said.

Oakland Fire Chief Teresa Deloach-Reed does believe the eucalyptus played a big role in the 1991 fire.

"People have various opinions about it ... the eucalyptus themselves are very flammable in regard to fire spreading and the intensity of the fire," she said in a recent telephone interview. "It is a tree that has an oil base, and because of that it burns very hot," which enables fire to spread quickly from tree to tree.

But that opinion is not standard within the fire department. Dave Maloney, a former Oakland firefighter and former chief of fire prevention for the Oakland Army Base, wrote a letter in 2008 opposing the plan to cut down trees, arguing that "every living tree ... due to its moisture content and canopy coverage of ground fuels contributes to wildfire hazard mitigation."

Both plaintiffs are awaiting the results of a federal mediation to settle the lawsuit. If not settled, the case would head back to the courtroom in July.

138 The 2016 regional parks' Trails Challenge just got easier By Marta Yamamoto For the TimesPDATED: 7 DAYS AGO

Hikers walk along the trail at Big Break Regional Shoreline in Oakley, Calif., on Thursday, Jan. 21, 2016. The Regional Parks Foundation is holding a Trails Challenge, a self-guided hiking program through East Bay Regional Park District, to encourage people to explore the outdoors. (Dan Rosenstrauch/Bay Area News Group) ( DAN ROSENSTRAUCH )

The East Bay Regional Park District wants to find ways to engage people with their parks, all 65 of them across Contra Costa and Alameda Counties. For 22 years the annual Trails Challenge has served that purpose in a simple and sure- fire way, but this year participating has gotten even easier.

The Challenge is a popular self-guided hiking program as evidenced by the nearly 10,000 people who joined in 2015 and Trails Challenge T-shirts worn even after the year has passed.

The program is a win-win for the park district and participants, putting the natural resources of 119,800 acres and 1,250 miles of trails from the shores to the hills on display and effortlessly providing a way to join in the Healthy Parks Healthy People movement and get fit outdoors.

"Each year we prepare a package of what we think are wonderful hikes; the best package that we can come up with for that year and part of the packaging is to highlight parks that people could overlook," said Dave Zuckermann, Regional Interpretive and Recreation Services manager. "We're providing a package to make it easily accessible to people and I think putting the challenge idea in there brings some small incentive."

The challenge remains the same: Hike five of the Challenge trails or 26.2 miles by Dec. 1, submit a log and receive a commemorative pin. But this year access to the Challenge Guide is easier and registration is no longer required. Participants can simply download the 2016 guidebook and139 get started. The guidebook includes detailed trail descriptions for 20 hikes in 19 Regional Parks, rated for degree of difficulty from easy to challenging. There are trails open to hikers, bicyclists, dogs, and equestrians, and many are wheelchair-accessible. A chart for each hike includes user groups, mileage, level of intensity, map and detailed trail description.

The program is designed to be self-guided but participants can also join in on naturalist-led hikes that can be used toward completing the challenge. These include Tuesday Twilights, Wednesday Walks and Over-the-Hills Gang hikes.

Trails Challenge T-shirts and printed copies of the guidebook are free for pick-up at select visitor centers. As are, new-this-year doggie bandanas.

"The bandanas have a generic map with a lot of dog-themed sites like doggie canyon and good dog visitor center," Zuckermann said.

This year's Trails Challenge features eight hikes in East County parks and nearby.

Among the easy classification hikers can choose between two shoreline routes. Big Break Regional Shoreline in Oakley has a 6.12-mile route with very little elevation gain and a nice smooth surface good for all park users. The Big Break Trail to Marsh Creek route takes in views along the wetlands and marshlands. In Martinez, Carquinez Strait Regional Shoreline's hike is along the George Miller Regional Trail, a 3.5-mile flat, smooth route with great Carquinez Strait views and chances to see red-tail hawk and golden eagle.

Carquinez Strait Regional Park also has a moderate hike, a 3.15-mile loop with a 1,049 ft. elevation gain. Encompassing the Hulet Hornbeck and Franklin Ridge Loop Trail, the route offers open views of Briones and Las Trampas Regional Parks, ideal for taking in the beauty of East Bay's open spaces.

The second moderate hike takes hikers to Brentwood's Round Valley Regional Preserve. Following the Miwok and Hardy Canyon Trails, the hike is a 4.75-mile loop and 980-foot elevation on land once used for ranching and farming. There's not much tree cover along these grassy hills but the scenic valleys offer wonderful views.

East County parks feature in four of the challenging hikes. All four cover several trails with multiple junctions so park maps are a necessity.

In Antioch at Black Diamond Mines Regional Preserve, a 7.9-mile loop includes a 2,113-foot elevation gain along eight different trails and takes hikers through manzanita chaparral and over erosion-carved sandstone.

140 Briones Regional Park in Martinez challenges with a beautiful 10.47-mile loop, 2,133-foot elevation gain ramble along 10 trails. Ridge trails offer great views in this large secluded oasis with high peaks.

In Livermore, Morgan Territory Regional Preserve has a 6.85-mile loop with a 1,100-foot elevation gain along nine trails with expansive views and, in spring, more than 90 species of wildflowers.

Five trails make up an 11-mile loop, 2,527-foot elevation gain challenge in Sunol Regional Wilderness in Sunol. The route wanders along partially shaded trail and weaves back and forth along creeks, grassy hilltops and panoramic views.

Thanks to a partnership between the park district, the Regional Parks Foundation and Kaiser Permanente, the Trails Challenge is a free program, done to encourage exploration and improve health.

"It's really to get people to engage with their regional parks," Zuckermann said. "We're already planning 2017 and looking for ways we can innovate the program next year, trying to somehow deepen the program in a way that it will engage with even more people."

141 Concord: Guy Bjerke initially passed over to lead weapons station project

By Lisa P. White [email protected] 8 DAYS AGO CONCORD -- Guy Bjerke, hired last year as Concord's director of community reuse planning, initially did not make the cut for the high-profile job after a panel of experts said he lacked the experience to lead the Concord Naval Weapons Station project, records show.

But Bjerke, a politically connected former councilman, was given a second chance to make his case. And Concord's elected leaders unanimously supported hiring him instead of a candidate the expert panel considered more qualified. "I was very interested that we utilized someone who was local," Councilman Tim Grayson said. "Someone that was very, very well versed and well experienced in the local business environment and the political environment." The Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base. The complex job of guiding the redevelopment requires technical experience with environmental remediation and project management, plus past work with the Navy and with federal and state regulatory agencies on base reuse projects, according to the city's job description. A monthlong national search that included advertising with the Association of Defense Communities, the Urban Land Institute and the Northern California Chapter of the American Planning Association, drew more than two dozen applicants, five of whom the panel of experts interviewed. After that first round of interviews, the experts said Bjerke lacked the "BRAC (Base Realignment and Closure), large-scale development and environmental and resource regulatory experience necessary to advance the project," according to a July 16 memo from City Manager Valerie Barone to the City Council. This newspaper received the memo describing the recruitment and hiring process for the director's position through a public records request. Based on the panel's input, Barone selected Deborah Olson and two others to continue to the next step on July 17 -- a group interview with four city department leaders and a separate interview with Barone and Michael Wright, then executive director of the Local Reuse Authority. As executive director of the Riverbank Local Redevelopment Authority, Olson has guided the conversion of the 173-acre former Riverbank Army Ammunition Plant near Modesto. Of the three finalists, Olson was the best qualified, but she did not have enough experience working with community groups,142 a critical part of the job, Barone said. At that point, Barone, who knew Bjerke from his time on the City Council, said she invited him back into the hiring process because he had strong ties to community groups, stakeholders and decision-makers at the county, state and federal level. The council members interviewed Olson and Bjerke, who "knocked it out of the park," according to Councilman Edi Birsan. "Council unanimously supported Guy for the position and I made the decision to hire him," Barone said.

Olson said she has developed coalitions with community groups, but the city wanted someone who knew the current players. She said the complexities of base reuse projects require more than local connections.

"You need someone who understands the political nature of a BRAC transfer, how the military thinks, how state and local agencies work together," she said.

"The community pales in comparison to your relationship with the environmental consultants and the military consultants, and quite frankly with those in the (Office of) the Secretary of Defense," she said. "Those are the relationships that can make or break a project."

Bjerke served six years on the Concord Planning Commission and three on the Concord City Council. He has worked for the Western States Petroleum Association, the Home Builders Association of Northern California and the Concord Chamber of Commerce. He was Antioch's economic development director for three years.

When the city announced Bjerke's hiring in September, Barone did not mention that the experts, several of whom have 15 or more years working on base reuse projects, did not believe Bjerke had the experience to lead the redevelopment of the former base. Nor did she explain that he was eliminated from consideration and she brought him back.

Bjerke said he told council members he had applied for the job, but other than mentioning his disappointment at having been eliminated to Councilman Ron Leone, Bjerke said he didn't reach out to council members during the hiring process. Although he acknowledged he had not worked on a base reuse project, Bjerke pointed to his ability to manage staff and consultants and to communicate well with the council and stakeholders.

"I think Valerie and Michael have come to find that I have that skill set and with the right set of consultants we are continuing to make tremendous progress on moving the base project forward," Bjerke said. 143 It appears he got off to a rocky start. In an Aug. 4 email to Barone, Wright raised questions about Bjerke's qualifications and the city's hiring process.

" ... He made several comments that reflect his lack of experience and foundation and a couple that were downright condescending," Wright wrote. "He seems oblivious to the fact that he used political pressure to influence a process. He told me point blank that I shouldn't worry about the council ... he would take care of them."

Wright later praised Bjerke for quickly learning the technical aspects of the job. "I was sort of reflecting that there were a large number of people in the broad community that were interested in having Guy selected for the job," he said.

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With Cleanup Complete, What’s Next for Richmond’s Point Molate? By Sukey Lewis February 1, 2016

Part of the abandoned residential area, formerly home to Navy personnel and their families, at Point Molate. (Dan Brekke/KQED)

If you take the last exit off westbound Interstate 580 before you hit the Richmond-San Rafael Bridge, you’ll find yourself on a narrow, potholed road heading north along the shoreline. About a mile down, as you round a corner, an unusual little town will come into view.

A massive red brick building capped with castlelike turrets sits on your left and a village of small, tidy homes, complete with a playground, hugs the hill to the right. All abandoned. High fences topped with barbed wire circle the property and signs saying “Keep Out.”

This is Point Molate, once known as Winehaven. A federally recognized historic district, the red brick buildings here once housed the largest wine distribution center in the United States, and some say the world.

This historic Winehaven building once housed the largest wine distribution center in the United States. (Sukey Lewis/KQED) 145

“In California, when the San Francisco earthquake came in 1906, the California wine industry was much different than it is today,” Richmond Mayor Tom Butt said. “There were still wineries scattered all over the state, but about 80 percent of them were owned and controlled by an organization called the California Wine Growers Association. And this was not just a friendly bunch of people promoting wine — this was basically a monopoly.”

After the earthquake destroyed storage and distribution centers in San Francisco, the growers built Winehaven in Richmond. But then came Prohibition, and ultimately the wine growers went out of business.

The Navy used the site as a fueling depot from 1942 until the base closed 20 years ago. In 2003, the Navy handed the land over to the city of Richmond.

Now, this prime real estate, right on the bay with views of Mount Tamalpais, has cleared a major hurdle to new development. Last week marked the completion of a massive remediation job — cleaning up toxic fuel waste left by the Navy.

“Basically, the majority of the site was underground ponds,” said Craig Murray, development project manager for the city of Richmond, gesturing toward what’s now an open green field. “So you’d look out and see these facilities that the Navy would dispose of not only waste-related products into the soil, and some were later lined, but also the materials coming from the homes were put there. So it was just this one large catchall.”

Cleaning up the 11.2-acre site cost the Navy about $11 million.

“A total of 207,000 tons of hazardous and regulated waste were excavated and removed,” City Manager Bill Lindsay said. “That is a lot of dirt.”

Green grass is starting to grow in what was once a fuel dump site at Point Molate. (Sukey Lewis/KQED)

While the site is now clean enough for residential use, just how to develop it remains up for debate. 146 “The concept for the development hasn’t really been worked out yet — it’s still being discussed,” Lindsay said. “I think there’s some great ideas out in terms of what it can become.”

Both Richmond voters and the City Council rejected a plan to turn Winehaven and much of Point Molate into a casino development.

Don Gosney, former community co-chair of the Point Molate Restoration Advisory Board, said the property needs to bring in revenue for the city.

“It costs well over a million dollars a year just for bare-bones maintenance, fire control and security,” he said. “The city cannot afford to keep paying for that. So, if you go along with what so many in this community want, which is just parkland and open space, these are cost items — they bring in no revenue.”

Although it looks like a builder’s dream, the site also has issues that make it less attractive for development than high-profile former military sites elsewhere, according to Charlie Duncan, chairman of the Point Molate Community Advisory Committee.

“The problem with Point Molate, and what makes it different from the Presidio and Fort Baker, is that there’s no water here — there’s very little electricity,” he said. “There’s not enough incoming utilities to serve the kind of uses that we’d hope to see.”

Winehaven’s neighbor to the north is the Richmond Rod and Gun Club, where law enforcement personnel often do target practice. (Sukey Lewis/KQED)

Bringing in these utilities will take a lot of money. According to one report last year, it would cost about $15 million to bring in sewer service and another $15 million for gas and electric utilities. Potable water and telecommunications will cost even more.

The site also has a minor image problem. It’s easy to forget, but Chevron’s massive Richmond refinery is just over the hill from Point Molate. The facility’s impact on local communities is an ongoing concern, as illustrated by a 2012 fire and smoke plume that sent 15,000 people to seek medical attention. Safety concerns may still trouble potential residents or investors. 147 Finally, the site’s historic designation also limits what type of development is possible.

For now, Lindsay says the top priority is getting people back in.

“I think what we really want to do, figuratively anyway, is swing open the gates and have people take advantage of the beauty here along San Francisco Bay,” said the city manager.

Murray, the city development project manager, said a design firm is already working with the East Bay Regional Park District to extend the Bay Trail into Point Molate. He said that building the trail could begin within the next year.

148

Move Over California Poppy: This State Has a New Symbol

Lace lichen hangs like shredded lace from the branches of trees and shrubs. It's not a parasite like mistletoe, though only using the other plants for support. (Courtesy of Kelsey Gielen)

By Sharol Nelson-Embry, East Bay Regional Park District January 29, 2016

On New Year’s Day, lace lichen, a stringy green organism often called “Spanish moss” that hangs from oak trees around California, joined the grizzly bear, California poppy, California quail and gold as an official California State symbol.

The new law, signed last July by Gov. Jerry Brown, made California the first state to claim an official lichen. Lace lichen can be found in almost every part of the state, from the north to south and up to 130 miles inland from the shoreline. Draping from tree branches, which it uses for support, not sustenance, there are about 1,900 kinds of lichen, along with the lace variety, native to California.

The California Lichen Society proposed adding a state lichen and state Assemblyman Marc Levine, D-San Rafael, wrote AB 1528, which sailed through the Legislature without much disagreement.

Levine said he carried the bill because it fits his interests.

“I have lifelong love of the outdoors,” he said. “I loved exploring and playing under the tree canopies as a boy.”

149 Levine said one of his next bills will identify wildlife corridors to help protect migrating animals.

Lace lichen is commonly found along the coast, often in the branches of coast live oaks. (Courtesy of Kelsey Gielen)

Lichen, which is actually a complex life form that is a partnership of fungus and algae, has long been misunderstood and overlooked, scientists say. In the mid-19th century, it was misclassified in the moss and liverwort family. Beatrix Potter, of Peter Rabbit fame, was an unlikely lichen champion.

She contributed to lichen and fungus research before she found literary fame. In the late 1800s she did botanical studies and research in her kitchen, wrote a scientific paper about fungus and spore reproduction, and supported the view, unpopular with scientists of the time, that lichen belonged in its own family. She produced many wonderful, detailed drawings of fungus and lichen species. Since she was a woman, though, a male scientist had to present her scientific paper and research to the Linnean Society of London.

The lowly lichen is both hardy and sensitive. It has survived the extremities of experimental exposure in outer space. And it can be shut in a drawer in a museum for decades, and yet live again when given sunlight and water. It is found on nearly every surface of the Earth — from the North to the South poles and desert floors to rocky mountain tops.

Yet some species are very sensitive to air pollution – especially sulphur dioxide, radiation and other toxic pollutants – making them a useful, inexpensive environmental monitor. The US Forest Service is undertaking a study of lichen communities that may even help determine how fast the climate is changing. Citizen science projects to monitor lichen are underway that are easy enough for elementary school students to contribute to.

The biggest advocates for the otherwise quirky bill say they had a good reason: to raise public awareness about these unique species.

“Calling attention to lichens by recognizing one of them as the California state lichen creates an opportunity for us to learn about and celebrate the things that make California special,” the California Lichen Society said150 in a statement after its bill became law

Niles Canyon Trail plan seen as regional system connector

By Sam Richards [email protected] Posted: 01/26/2016 02:44:38 PM PST0 Comments | Updated: 14 days ago

SUNOL -- A 6-mile hiking and biking trail through Niles Canyon would be costly and time- consuming to build but likely would be popular and well-used, and worth the money and effort. That is the essential message of a feasibility study sponsored by the East Bay Regional Park District and several Alameda County agencies. The trail connecting Sunol and Niles is part of the park district's 2013 master plan and would connect with other trails in the area, including the planned Bay Area Ridge Trail segment at Niles. "There are some gaps ... within the Alameda County trail system, and the canyon is a critical gap between the East Bay trails and the eastern part of (the county)," said Dawn Argula, who oversees transportation policy for Supervisor Scott Haggerty's office. The Niles Canyon Trail would link with a proposed Bay Area Ridge Trail segment near Niles, said Suzanne Wilson, trails coordinator for the park district. It also would join with the proposed Sunol Ridge Trail, just west of Pleasanton Ridge Regional Park, on Sunol's west edge. The trail, as laid out in the report, would share the relatively cramped canyon with busy state Highway 84, the Union Pacific/Altamont Corridor Express rail line, the recreational/historic Niles Canyon Railway tracks, Alameda Creek and the dormant Sunol Aqueduct. The trail would run adjacent to each of them, except the creek, at various points. Part of the proposed trail could actually be on the more than 100-year-old aqueduct, according to the report. Generations of locals have called the concrete aqueduct structure the "Secret Sidewalk." It would have to be widened for sanctioned use. Phase 1 would begin at Niles and continue 2 1/2 miles east to Palomares Road. Phase 2 would stretch from Palomares Road east to Brightside, where the Niles Canyon Railway

151 has its yard and train maintenance shop. Phase 3 would extend the trail from Brightside, skirting the rail shop, to the west edge of Sunol near its rail depot. Depending on the options chosen, a pedestrian bridge could carry the trail over the highway, creek and both rail lines near Palomares Road or Brightside. There could be other overcrossings or tunnels under rail tracks. All three phases would cost between $57 million and $69 million -- not accounting for inflation. Funding, Argula said, hasn't been identified but could come from a variety of sources, including the Alameda County Transportation Commission, the Metropolitan Transportation Commission, the park district and, possibly, federal agencies. The first construction is five to 10 years away, even after funding is lined up, Argula said. And before that, environmental studies, including the study of a trail's effects on Alameda Creek, need to be done. Most of the players involved -- Alameda County, the regional park district, Caltrans, Niles Canyon Railway, the Alameda Creek Alliance, San Francisco Public Utilities Commission and others -- already are at the table or have offered constructive comments, Argula said. Wilson said others, such as Union Pacific, will be approached when plans are more firm. And coming on board, trail planners say, is the public, who turned out in force for the Oct. 11 Stroll and Roll event, during which Highway 84 was closed to motor vehicles and opened for hundreds of hikers and bikers. "We told people there that if you want this trail to happen, to put pressure on the public boards, to tell them you want it," Wilson said. "It would be a huge effort moving forward."

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Portion of Lafayette-Moraga Regional Trail closed

By Jennifer Modenessi [email protected] UPDATED: 01/26/2016 12:18:30 PM PST MORAGA -- A portion of the Lafayette-Moraga Regional Trail is closed until crews can repair the rain-damaged walkway.

The East Bay Regional Park District closed 200 feet of the public trail between Westchester Street and the Canyon Road bridge in Moraga on Jan. 21 after waterlogged dirt under the trail slid and cracked the concrete surface. A 40-foot section of the trail is affected, but parks officials closed a larger portion "to be on the safe side," said Carolyn Jones, a park district spokeswoman. Crews won't be able to fix the trail until El Niño-related rains subside. "It's probably going to be at least a month or two," until crews can repair the path, Jones said.

2005 file photograph: Lafayette/Moraga Regional Trail in Lafayette, Calif. (Bay Area News Group)

Users can access an alternate trail to go around the area, she said. The 7.65-mile trail begins at the Olympic Boulevard staging area in Lafayette and ends at the Valle Vista staging area in Moraga. District officials don't yet know the estimated cost of repairs. The fixes will include stabilizing the soil and adjacent Moraga Creek bank, and repaving the trail, Jones said.

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Park District board to decide Chabot’s Gun Club’s fate at March 1 meeting

January 20, 2016 3 Comments

Range at Chabot Gun Club. Look closely and you’ll see the ground is littered with bullets and casings. Photo by Richard Bangert. The Chabot Gun has operated since 1964 in Anthony Chabot Regional Park, a wilderness area in the hills above Oakland and Castro Valley. The gun club’s lease expires on March 31, 2016, and we need your help to make sure it is not renewed.

Decades’ worth of discarded lead ammunition (still in use today) has polluted our public land and water. Lead leaches into the soil, runs into streams, and flows downhill to Lake Chabot, an emergency water supply also stocked with fish. The amount of lead in these streams has been measured as high as 20 times the E.P.A. limit for industrial facilities. In addition to the lead pollution, there has been an increasing problem with the sound of loud gunfire reverberating for miles in the Oakland hills, disturbing park users and wildlife.

A recent Park District report estimates the costs to of keeping the gun range open at $2.1 million to $4.3 million ($100,000 to 200,000 for CEQA compliance, $125,000 for noise mitigation, $500,000 to $1.5 million for facility maintenance, and $1.3 to $2.5 million for stormwater compliance). In addition, they estimated the cost of cleaning up the area once the gun range closes at $2.5 to $20 million dollars. The gun club brings a net income of $40,000 per year to the District.

155 The costs of lead mitigation and clean-up mandated by the State Water Quality Control Board should be paid by the gun club and not passed on to the taxpayers—as happened recently at a gun club that closed last year at Lake Merced in the hills above San Francisco.

WhatYouCanDo The East Bay Regional Park District Board of Directors will decide whether to renew the gun club’s lease at its meeting on Tuesday, March 1. To join us at that meeting, email Norman La Force [email protected]. You can also write to the Park District board. Tell them: • NOT to renew the gun club lease; • The gun club must be held responsible for 100% of the clean-up costs for the lead pollution it has caused; • No taxpayer dollars should go to pay for any clean-up of the site; and • If the gun club continues to operate, it must be 100% responsible for costs of environmental compliance. Send a message to the board member who represents your area, or better yet, email them all! • Whitney Dotson (Ward 1: Richmond/Berkeley), [email protected] • John Sutter (Ward 2: Oakland/Lamorinda), [email protected] • Dennis Waespi (Ward 3: Castro Valley), [email protected] • Doug Siden (Ward 4: Alameda), [email protected] • Ayn Wieskamp (Ward 5: Livermore), [email protected] • Beverly Lane (Ward 6: Danville), [email protected] • Diane Burgis (Ward 7: Oakley), [email protected] – Norman La Force, chair, East Bay Public Lands Committee

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Two chances to block explosive oil trains — Public hearings on Phillips 66 and Valero Benicia crude-by- rail projects

January 20, 2016

47 people were killed in the 2013 crude-by-rail accident in Lac-Mégantic, Quebec.

We’re nearing decisive moments on two campaigns to stop dirty and dangerous extreme oil from coming through our communities by rail. Look to the “WhatYouCanDo” sections below to find out how you can help block these local crude-by-rail projects.

Many people remember the horrific 2013 crude-by-rail accident in Lac-Mégantic, Quebec, in which 47 people were killed when a train hauling crude from North Dakota’s Bakken shale formation derailed and exploded. Unfortunately, Lac- Mégantic wasn’t an anomaly. With a 40-fold increase in the amount of oil being shipped by rail since 2008, derailments and spills have been on a steep rise.

A Columbus Dispatch analysis of U.S. Department of Transportation data found that from 1995 to 2010, oil spilled from trains a total of 27 times; from 2011 to July 2015, oil spilled from trains 423 times. And a Bloomberg analysis of federal data found that 2015 was the costliest year for crude-oil-train derailments, with $29.7 million in damages — up from $7.5 million in 2014.

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Courtesy www.wsj.com. According to an investigation by the Wall Street Journal, Bakken shale oil is the most volatile and combustible oil compared to crudes from 86 other locations worldwide. Tar sands oil, meanwhile, is diluted with highly flammable solvents for transport. Our rail system was designed to connect population centers, not move hazardous crude oil. Emergency responders are not prepared for these heavy, dangerous trains and current safety standards will not protect the public.

If an oil train derails and its contents spill or explode, our lives and our natural resources are at risk. Over five million Californians live in the blast zone of an oil train. And the proposed rail routes for the Phillips 66 and Valero crude-by-rail projects would bring oil trains through the San Francisco Bay-Delta watershed and along California’s treasured central coast. Each oil train carries more than three million gallons of toxic crude oil. A train derailment near a river, stream, reservoir, or above a groundwater aquifer could contaminate drinking water for millions of Californians. For the sake of the climate, the environment, and public health and safety, we need to make sure that these extreme oils are left in the ground.

Stop the Phillips 66 tar sands expansion Energy giant Phillips 66 is fighting to upgrade its two-part San Francisco Refinery so that it can join the growing list of Bay Area refineries that receive and process highly toxic Canadian tar sands oil. If the Phillips 66 rail terminal project is approved, millions of gallons of tar sands oil would pass over the delta, through Bay Area communities, and south along the coast to the Santa Maria refinery. After being partially refined there, tar sands products would be sent back north to Contra Costa County’s Rodeo refinery through a 200-mile pipeline.

159 Even Phillips 66 admits that the project will create “significant and unavoidable” levels of air pollution —including toxic sulfur dioxide and cancer-causing chemicals — for families living along the rail line and near the refinery. Volatile toxic chemicals leak out of tank cars into the air along rail routes. The problem is compounded for refinery-fenceline communities; the nonprofit environmental group ForestEthics reports that refineries that process tar sands spew more sulfur dioxide pollution per barrel produced than refineries that do not use tar sands. According to the Environmental Protection Agency, “short-term exposure to elevated sulfur dioxide levels is associated with reduced lung function, chest tightness, wheezing, shortness of breath, respiratory illness, deterioration of the lung’s defense systems, and the aggravation of cardiovascular systems.”

On top of refinery emissions, the diesel locomotives emit large amounts of exhaust and particulate matter that is very dangerous to public health, especially the young and elderly. Each oil train emits the equivalent particulate matter of 4,500 diesel automobiles, meaning the Phillips 66 project would add the pollution of 2 million cars per year.

By getting tar sands to market, the impacts of the Phillips 66 project would be felt around the world. At every stage of the mining, transportation, and refining process, Canadian tar sands are more carbon intensive than other sources of oil. Refining one barrel of oil from tar sands produces two to three times more climate-warming greenhouse gas emissions than refining a barrel of conventional oil.

WhatYouCanDo Tens of thousands of citizens, 26 cities and counties, and 16 school boards from along the rail route have written letters urging San Luis Obispo County to reject the project. Now we need to make sure the decision-makers in San Luis Obispo truly hear us.

The San Luis Obispo Planning Commission will hold public hearings on February 4th and 5th to inform their decision on the project. This is our chance to show County decision-makers that the whole state is watching and demand they stop these oil trains from putting Californian’s health and safety at risk.

What: San Luis Obispo Planning Commission Public Hearing on Phillips 66 Oil Train Project When: February 4, hearing starts at 9 am Where: San Luis Obispo County Building, 1055 Monterey St, San Luis Obispo RSVP at stopoiltrains.nationbuilder.com/sloplanningcomrspv

There will be carpools from the Bay Area. Please contact Ratha Lai at [email protected] or 510-848-0800 for more information.

160 Keep explosive fracked oil off our tracks and out of Benicia In early January, the City of Benicia released the Final Environmental Impact Report (FEIR) for the proposed Valero Benicia crude-by-rail project. The Valero refinery seeks to build a rail terminal that would allow it to receive two daily train deliveries of up to 70,000 barrels of fracked Bakken crude oil. The good news is the FEIR has identified the “No Project Alternative” as the most environmentally sound alternative. But if we want to stop a project that would put dangerously explosive oil trains on tracks that run through hundreds of communities, we need lots of public input at the February 8th public hearing.

This threat to Benicia — and to the vulnerable communities and natural resources all along the rail route — has been met by a strong opposition. Local residents formed Benicians for a Safe and Healthy Community (BSHC) to fight the project. The group organized a series of community forums and mobilized residents and allies up and down the rail lines; they collected over 1,500 signatures at the weekly Benicia farmers market; and they distributed more than 500 yard signs around town.

Meanwhile, Forest Ethics, the Center for Biological Diversity, and CREDO created online petitions, and the Sierra Club, Communities for a Better Environment, and the Sunflower Alliance helped mobilize people to attend hearings and comment against the project. This coalition pushed for and achieved a full CEQA review process for the project. We also generated thousand of comments on the Draft Environmental Impact Report and the Revised Environmental Impact Report, and helped secure comments opposing the project from entities as diverse as the Sacramento Area Council of Governments, the Yolo County Board of Supervisors, the City of Davis, and California Attorney General Kamala Harris.

BSHC steering committee member Andrés Soto says, “Benicia needs to have as many people from the community, the region, and around the state to stand together with us to oppose this dangerous and unnecessary project. Global climate, regional air quality, and the safety of the local community are at stake.” Will you help?

WhatYouCanDo The Benicia Planning Commission Public Hearing has been set for Monday, February 8, with a possible continuation on the 9th and 10th if necessary to receive all comments. What: Testify against Valero Benicia crude-by-rail project When: Monday, February 8, 6:30 pm Where: City Council Chambers, Benicia City Hall, 250 East L Street, Benicia RSVP to [email protected]

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Protecting the Richmond hills from intensive future development — Signature gatherers needed!

January 20, 2016

Strolling in the area targeted for protection by the Richmond Hills Scenic Area Initiative. Photo by Cary Croner, carygronerphotos.com. he Richmond hills north of Wildcat Canyon Regional Park is an undeveloped stretch of scenic land with panoramic views of Mount Diablo, the mountains of the North Bay, the Napa Valley, and Sonoma County. Home to numerous common animals (fox, bobcats, deer, coyotes, and many birds species) and habitat for special-status plants and wildlife, the land has been threatened by numerous development proposals over the years. The Richmond Hills Scenic Area Initiative will protect this land from future harmful development and protect the wildlife and plants that live there.

The initiative was conceived by a coalition of local and regional conservation groups after fighting back development proposals one by one. It will make a lasting change in land protection by rezoning the area to preserve scenic views, protect wildlife habitat, and prevent residential subdivisions and other harmful development. It will allow non-motorized recreation (hiking, horseback riding, nature observation, study, and enjoyment), as well as small-scale agriculture and grazing. The initiative is modeled after the successful 2004 Hercules Protect Franklin Canyon Area Initiative that saved the land along Highway 4 above the Franklin Canyon Golf Course.

WhatYouCanDo

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The Richmond Hills Scenic Area Initiative applies to an undeveloped hillside area of roughly 430 acres (greyed out in map above) surrounded by public and private lands. The area offers a mixture of dense oak forest, rolling hills, and pasture. It includes nine streambeds and their associated riparian zones, as well as vernal pools and other wetlands.

It takes 4,200 valid signatures of Richmond registered voters to qualify the initiative for the ballot. Signature collecting will take place on weekends from March through May. We need your help in this all-volunteer effort.

You do not have to be a Richmond resident to collect signatures. The only requirement is that you be at least 18 years old. We will work in pairs in two-hour shifts in front of grocery stores and other high-foot-traffic areas of Richmond. We’ll also be at farmers’ markets, Earth Day celebrations, and other special events during the spring. We will not go door-to-door.

From past experience, we can tell you that this is immensely rewarding work. People are very appreciative of our work and are very happy to sign the initiative petitions.

If you can help protect this beautiful area by volunteering for a two-hour shift this spring, or for more information, please contact Dick Schneider at [email protected] or (510)926-0010.

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