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BOARD OF DIRECTORS Board Meeting Packet

July 3, 2018 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX REGIONAL PARK DISTRICT

East Bay Regional Park District Board of Directors

DENNIS WAESPI The Regular Session of the JULY 3, 2018 President - Ward 3 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, AYN WIESKAMP 2950 Peralta Oaks Court, Oakland Vice President - Ward 5 ELLEN CORBETT Treasurer - Ward 4 DEE ROSARIO Secretary - Ward 2 Respectfully submitted, WHITNEY DOTSON Ward 1 COLIN COFFEY Ward 7 BEVERLY LANE Ward 6 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) 569-1417 FAX www.ebparks.org AGENDA

REGULAR MEETING OF JULY 3, 2018 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park ROLL CALL District will hold a regular 11:30 a.m. (Board Conference Room) meeting at District’s Administration Building, 2950 PUBLIC COMMENTS Peralta Oaks Court, Oakland, CA, commencing at 11:30 a.m. CLOSED SESSION for Closed Session and 1:00 p.m. for Open Session on Tuesday, July 3, 2018.

A. Conference with Labor Negotiator: Government Code Section 54957.6 Agenda for the meeting is listed adjacent. Times for agenda 1. Agency Negotiator: Robert E. Doyle, Ana M. Alvarez, items are approximate only and Kip Walsh, Eddie Kreisberg are subject to change during the meeting. If you wish to speak on Employee Organizations: AFSCME Local 2428, matters not on the agenda, you Police Association may do so under Public Unrepresented Employees: Managers and Confidentials Comments at the beginning of the agenda. If you wish to testify B. Public Employee Performance Evaluation: on an item on the agenda, please Pursuant to Government Code Sec. 54957 complete a speaker’s form and submit it to the Clerk of the Board. a) AGM Finance & Management Services/Chief Financial Officer A copy of the background C. Conference with Legal Counsel: materials concerning these agenda items, including any material that may have been 1. Existing Litigation – Government Code Sec. 54956.9 (d)(1): submitted less than 72 hours before the meeting, is available a) EBRPD v. Land Holdings et al. for inspection on the District’s County Superior Court website (www.ebparks.org), Case No. RG11586821 the Administrative Building reception desk, and at the meeting. 2. Anticipated Litigation Agendas for Board Committee a) Government Code Sec. 54956.9(d)(4) (Initiation of Litigation) Meetings are available to the public upon request. If you wish (1 case) to be placed on the mailing list b) Government Code Sec. 54956.9 (d)(2) (1 case) to receive future agendas for a specific Board Committee, please call the Clerk of the 1:00 p.m. OPEN SESSION (Board Room) Board’s Office at (510) 544- 2020. PLEDGE OF ALLEGIANCE District facilities and meetings comply with the Americans with A. APPROVAL OF AGENDA Disabilities Act. If special accommodations are needed for B. PUBLIC COMMENTS you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the 3 meeting. 1:30 p.m. C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of May 21, 2018 to June 3, 2018 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of June 19, 2018 (Barial Knight/Auker) (Resolution) (No Cost) c. Authorization to Negotiate with Various Property Owners (Reeves/Nisbet) (Resolution) (No Cost) d. Authorization to Purchase Two Ford Vehicles from Downtown Ford Sales for Vehicle Replacement and an Addition to the Fleet (McCrystle/O’Connor) (Resolution) (Budgeted Funds) e. Authorization to Modify Measure CC Project Description and Transfer Funds for the Redwood Stump Conservation and Education Project: Roberts Regional Recreation Area (Zuckermann/Auker/O’Connor) (Resolution) (CC Funds/Budget Change) f. Authorization to Purchase Safety Equipment from L.N. Curtis & Sons: Public Safety Division (Theile/Ciaburro) (Resolution) (Budgeted Funds)

2:00 p.m. 2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. PUBLIC HEARING

Approval of Engineer's Report for Fiscal Year 2018/2019, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1, including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic) (Spaulding/Auker) (Resolution) (Revenue Authorization)

b. Acceptance of the 2017 Comprehensive Annual Financial Report, Statement on Auditing Standards (SAS) 114 Auditor’s Communications with Those Charged with Governance dated June 27, 2018, Independent Accountant’s Report on Federal Awards, and Independent Accountant’s Report on Agreed Upon Procedures Applied to 2018 Appropriations Limit Schedule (O’Hara/Auker) (Resolution) (No Cost)

4 2:15 p.m. 3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION a. Authorization to Award a Contract to Gordon N. Ball, Inc. and Approve a Contingency for Construction of Albany Beach Restoration and Public Access Project Phases II and III, Execute a Professional Services Contract with Anchor CM, Amend the Professional Services Contract with Questa Engineering Corporation, and Transfer and Appropriate Funds: McLaughlin Eastshore State Park (Barton/Nisbet) (Resolution) (Measures WW, CC/Budget Change)

b. Authorization to Execute a Contract with Hanford Applied Restoration and Conservation for Construction Services and Amend a Contract with Nichols Consulting Engineers for Construction Support to Excavate a Sediment Basin and Restore Three Interpretive Ponds and Transfer and Appropriate Measure CC and Measure WW Funds; Accept and Appropriate Funds from the Regional Parks Foundation for Tilden Nature Area: Tilden Regional Park (Graul/Nisbet) (Resolution) ( Measures WW, CC/Budget Change)

2:30 p.m. 4. BOARD AND STAFF REPORTS

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

2:40 p.m. 5. GENERAL MANAGER’S COMMENTS

3:00 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION

3:05 p.m. 7. BOARD COMMITTEE REPORTS

a. Executive Committee (6-07-18) (Waespi) b. Finance Committee (5-30-18) (Corbett)

3:15 p.m. 8. BOARD COMMENTS

4:00 p.m. D. ADJOURNMENT

5 CONSENT CALENDAR

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period May 21, 2018 Through June 3, 2018 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of May 21, 2018 through June 3, 2018.

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

6 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 -

July 3, 2018

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MAY 21, 2018 THROUGH JUNE 3, 2018

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 May 21, 2018 through June 3, 2018;

Moved by Director , seconded by Director , and adopted this 3RD day of July 3, 2018 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

7 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting June 19, 2018 (Barial Knight/Auker)

8 Page Left Blank Intentionally

9 Unapproved Minutes Board Meeting of June 19, 2018

The Board Meeting, which was held on June 19, 2018 at the East Bay Regional District, 69 Big Break Visitor, Oakley, CA 94561 was called to order at 12:33 p.m. by Board President Dennis Waespi.

ROLL CALL

Directors Present: Dennis Waespi, President Ayn Wieskamp, Vice President Dee Rosario, Secretary Ellen Corbett, Treasurer Beverly Lane Whitney Dotson Colin Coffey

Directors Absent: None.

The Open Session of the Board Meeting was called to order at 2:00 p.m. by President Waespi.

All board members present for the Open Session.

Staff Present: Robert Doyle, Carol Victor, Jim O’Connor, Debra Auker, Bob Nisbet, Alan Love, Michael Reeves, Anne Kassebaum, Lance Brede, Dave Mason, Erich Pfuehler, Deborah Spaulding, Anthony Ciaburro, Matt Graul, Steve Castile, Aileen Thiele, Rachel Slater, Lisa Baldinger, Kelly Barrington, Karla Cuero, Ira Bletz, Kip Walsh, Mona Palacios, Toby Perry, Mike Moran, Jeff Rasmussen, Lisa Goorjian

Guests: Sandra Meyers and Joseph Krissoff, Brentwood Parks & Recreation Commission, Vincent Manuel, Chief of Staff for Federal Glover, Supervisor, District V Contra Costa Board of Supervisors, Diane Burgis Supervisor, District 3 Contra Costa Board of Supervisors, Mark Goodwin Chief of Staff for Supervisor Burgis, Janeesha Jones, Field Representative for Congressman Jerry McNerney, Elissa Robinson, PAC member, Tim Seufert NBS, Abby Fateman, Executive Director, East Contra Costa County Habitat Conservancy

A. APPROVAL OF AGENDA

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

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

B. PUBLIC COMMENTS

Kelly Abreu inquired about the turnaround at Morrison Canyon Road and the closure of the road. District Counsel Victor answered it is a County road and as far as the District is aware, the County is not taking action to abandon the road. It is within the County’s jurisdiction to keep it open or close it. The District is building a turnaround at the park residence as part of a settlement10 agreement, so fire equipment and Cal trucks can turn Unapproved Minutes Board Meeting of June 19, 2018 around without having to go to the end of Morrison Canyon Road. GM Doyle said that the District is not installing a gate at that turnaround, so there will not be a blockage of the road.

Diane Burgis, Supervisor Contra Costa Board of Supervisors, welcomed the Board to Big Break. She touched on the East County Fire District’s strategic plan, putting out an RFP in the future, working on a trail, possibly creating additional trails and welcomed e-BART. GM Doyle reminded the Board that one of the first times she came to the Board as Friends of Marsh Creek she brought a science class to improve the creek by cleaning the streets. Mike Moran, Supervising Naturalist, Big Break Regional Shoreline introduced his staff: Rachel Pulizzi, Senior Office Assistant; Joelle Varsovia, Interpretive Student Aide 2; Melissa Morazan, Interpretive Student Aide 2; Teresa Datar, Temporary Naturalist Aide 2; Sandy Ticson, Docent and Patti St. Denis, Docent.

C. SPECIAL PRESENTATION

Jeff Rasmussen, Assistant Finance Officer gave a presentation on recent projects in East Contra Costa County. He provided details on the following projects: Roddy Home Ranch, Roddy Golf Course, Contra Loma Phase I Boat Launch Renovation, secured CCWD lease extension of Marsh Creek Regional Trail and Pavement Repairs on Balfour Road, Horse Valley Creek Restoration, completion of Main Stairway at Black Diamond Mines Regional Preserve, AUSD Moller Ranch acquisition, Wetland Restoration and Public Access at Bay Point Regional Shoreline, Casey and Campos Acquisitions and Rain Water Capture System at Vasco Hills Regional Preserve. Rasmussen highlighted WW Local Grant Projects: Ambrose Aquatic Complex, Antioch Community Park Synthetic Turf, Brentwood Summerset Commons, Clyde Park Improvements, Discovery Bay Center and Cornell Park Replacement, Oakley Creekside Park Phase 2, Pittsburg Hillview Jr. High School Playfield Renovation and Byron Union School District Family Playground.

Abigail Fatemen, Executive Director of ECCHC thanked the District and staff for being great partners. Fateman also thanked Supervisor Burgis. President Waespi commented that it is great to see good work going on in East County.

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

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

a. Approval of District Check Listing for the Period of May 6, 2018 to May 20, 2018 Resolution No. 2018 – 06 – 140 (attached)

b. Approval of the Minutes for the Board Meeting of June 19, 2018

Director Rosario had a question about drones and model airplanes in the District in response to a public comment at the June 19 board meeting by Mr. Hufford. GM Doyle commented that on Mines Road, radio controlled airplanes are allowed with a permit. AGM Ciaburro, Public Safety said that gliders are allowed at Mission Peak, Coyote Hills and Del Valle. The area on Doolittle Drive is on the City of Alameda’s property. Jim O’Connor, AGM Operations said staff followed up with Mr. Hufford about his request to fly drones. The process is that he can request a special use permit. Staff walked him through that submittal process. Unapproved Minutes Board Meeting of June 19, 2018 c. Authorization to Negotiate with Various Property Owners Resolution No. 2018 – 05 – 141 (attached)

Rosario commented that this the last building in Redwood Canyon on the Anthony Chabot side of the road, and an important acquisition for the District negotiate to purchase.

d. Authorization to Transfer and Appropriate Major Infrastructure Renovation and Replacement Funds and Award a Contract to Vortex Marine Construction, Inc. for Phase II of the Rehab Boat Launch Facility Project: Contra Loma Regional Park Resolution No. 2018 – 06 – 142 (attached)

Director Coffey asked for a brief presentation. Toby Perry, Project Manager discussed Phase 2 which will replace the existing pier with new steel piles. Construction will begin this fall with a construction window of 6 – 8 weeks. The work will not take place until the water levels are lowered. Perry thanked the Bureau of Reclamation which provided funds for Phase 1 and will provide funding for Phase 2. GM Doyle said he visited the park today and the parking lot and restrooms looked great. Doyle asked staff to look at enhancing the grove of Baywood trees. Director Lane complimented staff for working in East County and encouraged the public to visit Contra Loma which has been beautifully upgraded.

e. Authorization to Transfer and Appropriate Major Infrastructure Renovation and Replacement Funds and Award a Contract to Vortex Marine Construction, Inc. for Phase II of the Rehab Boat Launch Facility Project: Contra Loma Regional Park Resolution No. 2018 – 06 – 143 (attached)

f. Authorization to Award a Contract to Mobley Engineering for Construction of the Lake Anza Line Diffuser System: Tilden Regional Park Resolution No. 2018 – 06 – 144 (attached)

g. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended March 30, 2018 Resolution No. 2018 – 06 – 145 (attached)

h. Acceptance of First Quarter 2018 General Fund and Other Governmental Funds Financial Report Resolution No. 2018 – 06 – 146 (attached)

Director Rosario had a question that was answered prior to the start of the meeting.

i. Authorization to Apply for Grant Funds from the Wildlife Conservation Board Public Access Program: Contra Loma Regional Park Resolution No. 2018 – 06 – 147 (attached)

j. Authorization for Budgetary Closure of Completed Projects and Related Amendments to the 2018 Budget Resolution No. 2018 – 06 – 148 (attached)

k. Authorization to Approve Contract with Athens Administrators for Workers’ Compensation Claims Administration and Managed Care Services: District-wide Resolution No. 2018 – 06 – 149 (attached) 12 Unapproved Minutes Board Meeting of June 19, 2018

L. Approval of Resolution Ordering and Giving Notice of an Election to be Held in the East Bay Regional Park District for the Purpose of Electing Four Directors and Requesting the Board of Supervisors of Alameda and Contra Costa Counties to Consolidate the District Election with the Statewide General Election Being Held November 6, 2018 Resolution No. 2018 – 06 – 150 (attached)

Director Coffey requested that staff remove Benicia as in his Ward on page 113. 6th paragraph in the staff report.

m. Authorization to Execute a Contract with Bay Area Tree Specialists for Vegetation Management: Anthony Chabot Regional Park Resolution No. 2018 – 06 – 151 (attached)

n. Authorization to Appropriate Funds for the Purchase of Two Tractors and Purchase Two Mowers from John Deere Company for Equipment Replacement Resolution No. 2018 – 06 – 152 (attached)

o. Resolution to Support AB 1956 – Fire Protection Working Group (Limon D-Santa Barbara) Resolution No. 2018 – 06 – 153 (attached)

p. Resolution to Support AB 2551 – Forest and Wildland Health Improvement and Fire Prevention Program (Wood D-Santa Rosa) Resolution No. 2018 – 06 – 154 (attached)

q. Resolution to Support H. Res. 799 (Cardenas D-CA) Cesar Chavez Day Resolution No. 2018 – 06 – 155 (attached)

r. Resolution to Support H.R. 5471 – American Gateway Communities (Cicilline D-RI) Resolution No. 2018 – 06 – 156 (attached)

s. Resolution to Support S. 2603 (Blumenthal D-CT) Complete America’s Great Trails Act Resolution No. 2018 – 06 – 157 (attached)

t. Resolution to Support SB 835 (Glazer D-Orinda) Smoking Ban in State Parks and SB 836 (Glazer D-Orinda) Smoking Ban at State Beaches Resolution No. 2018 – 06 – 158 (attached)

u. Resolution to Support SB 1079 – Fire Protection Grants (Monning D-Carmel) Resolution No. 2018 – 06 – 159 (attached)

v. Resolution to Support SB 1301 (Beall D-San Jose) State Environmental Permitting Processes Resolution No. 2018 – 06 – 160 (attached) 13 Unapproved Minutes Board Meeting of June 19, 2018 w. Resolution to Support SB 1335 (Allen D-Santa Monica) Disposable Food Service Packaging Resolution No. 2018 – 06 – 161 (attached)

x. Approval of Appointment of Annie Burke to the Park Advisory Committee Resolution No. 2018 – 06 – 162 (attached)

Director Coffey asked for background on Ms. Burke. Erich Pfuehler, Government Affairs Manager, highlighted a few of her accomplishments emphasizing her strong background in environmental issues which will be an asset to the Park Advisory Committee.

y. Adoption of Human Resources Policy and Procedure #18 to Prohibit Harassment, Discrimination and Retaliation in Employment Resolution No. 2018 – 06 – 163 (attached)

Director Rosario asked if staff can add on employee complaints and the procedure, located on pg. 152, that complaints could come through the union steward as well. Kip Walsh, Chief Human Resources, said that advice is not typically included in a District policy. Walsh added that she wants to make sure these kinds of complaints get referred to HR promptly. Rosario congratulated Walsh on this policy. Walsh gave a quick overview of the policy which has been updated to reflect the changes in law and is a stand-alone policy.

Eri Suzuki a member of AFSCME 2428 commended Kip Walsh for working on this policy.

z. Adoption of Human Resources Policy #19 Describing Guidelines to Address the Needs of Transgender and Gender Non-Conforming Employees Resolution No. 2018 – 06 – 164 (attached)

Director Rosario asked for a brief update on this item. Kip Walsh, Chief Human Resources, discussed the Districts policy on transgender and gender non-conforming employees.

Eri Suzuki a member of AFSCME 2428 commended Kip Walsh for her collaboration with staff on this policy.

aa. Authorization to Purchase Replacement Computers from Dell Computer Corporation Resolution No. 2018 – 06 – 165 (attached)

2. FINANCE & MANAGEMENT SERVICES DIVISION

PUBLIC HEARING a. Approval of Engineer's Report for Fiscal Year 2018/2019, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for East Contra Costa Resolution No. 2018 - 06 - 166 (attached)

President Waespi announced this item and asked if there were any public protests. Clerk of the Board, Yolande Barial Knight replied that there were no protests. Deborah Spaulding, AFO provided the background and context about this assessment district. Spaulding highlighted14 the history of the ECCC-LLD which began in 1981 Unapproved Minutes Board Meeting of June 19, 2018 with the District annexing ECCC, and the formation of the LLD in 1991. The assessment has remained at $19.70 per residential unit/parcel since 1991. Spaulding defined the boundaries and explained the annual process for approval, and discussed the use of funds.

Director Coffey commented that the Park District does not receive significant property taxes from far Eastern Contra Costa. GM Doyle added there are incredible opportunities to open new parkland in this area. Director Lane thanked staff and asked that the Board receive a copy of the slide, “How much does the District spend to operate parks in the ECCC LLD area?”

President Waespi asked if there are any comments or questions from the audience. Clerk of the Board Knight responded that there were none. Waespi asked if there were any protests. Knight replied there were none.

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

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

b. Adopt Resolution Regarding Overruling Protests Resolution No. 2018 – 06 – 167 (attached)

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

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

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Authorization to Execute an Agreement with East Contra Costa County Habitat Conservancy, Accept and Appropriate Funds, and Award a Contract to Dixon Marine Services, Inc. for Construction of the Horse Valley Creek and Wetland Restoration Project: Deer Valley Regional Park Resolution No. 2018 – 06 – 167 (attached)

By motion of Director Coffey, and seconded by Director Corbett, the Board voted unanimously to approve the Item 3a.

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

Chris Barton Environmental Programs Manager, introduced Karla Cuero, Project Coordinator. Cuero oriented the board to the location of the property. Cuero discussed the project’s history, the goals and features, species on the site, existing conditions, budget, Board action and the schedule for this project. 15 Unapproved Minutes Board Meeting of June 19, 2018 The goal is to restore Horse Valley while retaining future public access opportunities. This project is creating habitat for special-status species. Total project cost includes construction, contingency, staff time and testing. Abby Fateman, ECCHC Executive Director, thanked the Board, Cuero, Barton and staff in the field. GM Doyle asked if ECCHC is permitting those trail pieces as part of the project. Fateman said they will. Director Coffey asked where is the location of the future connection between the golf course and paved trail. Fateman answered there are opportunities for future trail connections and this is the beginning of the project.

4. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

GM Doyle discussed the items in this report. Director Coffey asked about the fire roads that are going to open up to bikes in the East Bay Watershed. Bob Nisbet, AGM ASD responded said initially was 13 miles however after hearing back from bike people they decreased it to 7.5 miles. GM Doyle commented on the BART – Livermore Extension. Director Wieskamp said Livermore will be going with ACE extension.

5. GM COMMENTS

GM Doyle announced no staff presentations. GM Doyle commented on several items. The passage of Proposition 68 has a lot of benefits to Eastern Contra Costa County. Del Valle will receive $5 million for improvements because of Assemblywoman Baker and Senator Glazer. Director Rosario asked where is the goat grazing program. Acting Chief Aileen Theile said there are three different herds working. Rosario commented that his constituents near Redwood Park are saying it is very dry.

6. ANNOUNCEMENTS FROM CLOSED SESSION

Carol Victor, District Counsel, announced none.

7. BOARD COMMITTEE REPORTS

a. Operations Committee 5-17-18 (Wieskamp) b. Operations Committee 4-19 18 (Wieskamp) c. Legislative Committee 5-18-18 (Rosario) d. Legislative Committee 4-02-18 (Rosario) e. Legislative Committee 3-03-18 (Rosario) f. Executive Committee 5-03-18 (Waespi) g. Finance Committee 4-25-18 (Corbett) h. Natural & Cultural Resources Committee 4-18-18 (Lane) i. Natural & Cultural Resources Committee 2-21-18 (Lane)

8. BOARD COMMENTS

Director Waespi reported on meetings attended. Director Waespi  Attended the Roddy Ranch tour;  Attended the Districts family picnic at Ardenwood;  Attended the Legislative Luncheon, Sacramento;  Attending the PAC Vargas Plateau hike;  Attended the Alameda County Mayors Conference, Piedmont;  Attended the 2018 Cadet Graduation Award ceremony for the EBRPD Lifeguard’s Service. 16 Unapproved Minutes Board Meeting of June 19, 2018

Director Wieskamp reported on meetings attended: Director Wieskamp  Attended the Roddy Ranch tour;  Attended the Executive Committee meeting;  Attended the Legislative Luncheon, Sacramento;  Made a presentation to Livermore Rotary;  Rode in the Livermore Rodeo parade and the District won 3rd place prize.  Attended trail breaking at Sycamore Grove – District agreed to help LARPD rebuild the trail;  Attended the Districts family picnic at Ardenwood; Wieskamp commented what a wonderful person Mr. Roddy is and how he thinks about the land. She thanked East County for making the Board feel so welcome.

Director Rosario reported on meetings attended. Director Rosario  Attended the Roddy Ranch tour;  Sponsored Recognition of Philippines Independence Day; June 12  Attended the Alameda County Mayors Conference, Piedmont;  Met with staff on update on Sibley LUP update;  Attended the Districts family picnic at Ardenwood; Rosario appreciated the hospitality of Big Break staff and the people of East County. Met with Assemblymembers Nancy Skinner, Tony Thurman and Rob Bonta regarding issues for seniors.

Director Corbett reported on meetings attended. Director Corbett  Attended the Roddy Ranch tour;  Attended the PAC Vargas plateau hike;  Attended the Districts family picnic at Ardenwood; Corbett commented that the Concerts at the Cove are ongoing. Thanked staff for the warm welcome and to the elected officials for the work they do as partners.

Director Lane reported on meetings attended. Director Lane  Attended the Roddy Ranch tour;  Attended the Contra Costa County Mayors Conference, Brentwood;  Attended the Districts family picnic at Ardenwood;  Attended Executive Committee meeting;  Attended the PAC Vargas Plateau hike;  Attended trail breaking at Sycamore Grove – District agreed to help LARPD rebuild the trail;  Attended Elected Women’s Lunch for Tri-Valley in Danville;  Attended the Walnut Creek Watershed Council in Rossmoor; Lane thanked staff for the East County maps and the website 50th trail information. Lane commented that Temescal is open.

Director Dotson reported on meetings attended. Director Dotson  Attended the Roddy Ranch tour;  Attending Natural and Cultural Resources Committee meeting; Dotson said that it is a pleasure to be at Big Break which was a fishing spot from his youth.

Director Coffey reported on meetings attended. Director Coffey  Attended the Roddy Ranch tour;  Attended a fundraiser for the Contra Costa Resource Conservation District at 17 Unapproved Minutes Board Meeting of June 19, 2018 John Muir’s home site in in Martinez;  Attended the Big Break 2nd Sunday Campfire Program;  Attended the Districts family picnic at Ardenwood; Coffey thanked staff and the Electeds for their hospitality. He received the George Miller Public Service Award from the CC Young Democrats presented by George Miller.

9. PUBLIC COMMENT

Marla Schmalle had comments on research, legal proceedings and what governments and other agencies are doing to make progress on the issue of human pesticides. Schmalle brought copies of her report to the Board, District Counsel and for the record. She presented and discussed her thoughts and concerns.

Mike Moran, Supervising Naturalist commented on the light duty program and how good it is to work with and meet staff whose experience and knowledge is helpful. Rich Quesada, Park Ranger 2 (light duty) is currently at Big Break.

President Waespi commented that it has always been his goal to include more people on Board field trips. He thanked staff and welcomed Elissa Robinson, PAC; Chip Conradi, President of the Regional Parks Foundation, Marla Schmalle and Kelly Abreu for attending the meeting.

D. ADJOURNMENT

President Waespi adjourned the meeting at 4:06 pm.

18 Page Left Blank Intentionally

19 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County 048-5658-001-06 Oakland Unity High School District-wide 2955 Peralta Oaks Ct, Oakland 096-0090-001-05 Allan Starr Sunol Regional Wilderness Sheridan Road, Sunol 096-0420-014-00; and Julie Eckroat and Laverne Sunol Regional Wilderness 096-0420-015-00 Mazzilli La Costa Road, Sunol Contra Costa County 078-050-002-1; and David and Thea Shupe Deer Valley Regional Park 078-100-001-3 7021 Briones Valley Road, Clayton 006-110-001-2 PG&E Morgan Territory Regional Beck Road, Livermore Preserve 057-010-001-6; Oak Hill Park Co. Deer Valley Regional Park 057-010-004-0; and 057-060-006-4 Empire Mine Road, Antioch

20 007-060-020 Penelope I. Heiser, Trustee Round Valley Regional 302 Lydia Lane, Preserve Brentwood

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.

21 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 –

July 3, 2018

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 July 3, 2018; 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 t0he price and terms of payment of the following parcels of real property:

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County 048-5658-001-06 Oakland Unity High School District-wide 2955 Peralta Oaks Ct, Oakland 096-0090-001-05 Allan Starr Sunol Regional Wilderness Sheridan Road, Sunol 096-0420-014-00; and Julie Eckroat and Laverne Sunol Regional Wilderness 096-0420-015-00 Mazzilli La Costa Road, Sunol Contra Costa County 078-050-002-1; and David and Thea Shupe Deer Valley Regional Park 078-100-001-3 7021 Briones Valley Road, Clayton 006-110-001-2 PG&E Morgan Territory Regional Beck Road, Livermore Preserve

22 057-010-001-6; Oak Hill Park Co. Deer Valley Regional Park 057-010-004-0; and 057-060-006-4 Empire Mine Road, Antioch 007-060-020 Penelope I. Heiser, Trustee Round Valley Regional 302 Lydia Lane, Preserve Brentwood

Moved by Director , and seconded by Director , and adopted this 3rd day of July, 2018, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

23 Acquisition, Stewardship & AUTHORIZATION TO NEGOTIATE Development Division Date: July 3, 2018

Antioch

Concord

Richmond 5 4 Hwy 24 Contra Costa Berkeley County Mt. Diablo State Park 6

Danville

Oakland 7

1

Alameda County Livermore Hayward

3 2 Legend

EBRPD Lands 0 5 Miles [ O:\GIS\Land\A2Ns_2018\7_3_2018.mxd

ALAMEDA COUNTY CONTRA COSTA COUNTY

1 Park/Trail: District-wide 4 Park/Trail: Deer Valley Regional Park Owner: Oakland Unity High School Owner: David and Thea Shupe APN: 048 -5658-001-06 APN: 078-050-002-1; 078-100-001-3 Location: 2955 Peralta Oaks Court, Oakland, CA Location: 7021 Briones Valley Road, Clayton, CA 2 Park/Trail: Sunol Regional Wilderness Park/Trail: Deer Valley Regional Park Owner: Allan Starr 5 Owner: Oak Hill Park Co. APN: 096 -0090-001-05 APN: 057-010-001-6; 057-010-004-0; 057-060-006-4 Location: Sheridan Road, Sunol, CA Location: Empire Mine Road, Antioch, CA

Park/Trail: Sunol Regional Wilderness Park/Trail: Round Valley Regional Preserve 3 Owner: Julie Eckroat and Laverne Mazzilli 6 Owner: Penelope I. Heiser, Trustee APN: 096 -0420-015-00; 096 -0420-014-00 APN: 007-060-020 Location: La Costa Road, Sunol, CA Location: 302 Lydia Lane, Brentwood, CA Park/Trail: Morgan Territory Regional Preserve 7 Owner: PG&E APN: 006-110-001-2 Location: Beck Road, Livermore, CA 24 Page Left Blank Intentionally

25 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Purchase Two Ford Vehicles from Downtown Ford Sales for Vehicle Replacement and an Addition to the Fleet (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of two new Ford vehicles from Downtown Ford Sales of Sacramento, California at a total cost of $78,114.

REVENUE/COST

For the purpose of purchasing replacement and additional fleet vehicles, funds have been allocated in the East Bay Regional Park District’s (Park District) 2018 Budget. The two specific accounts where funds are allocated are the Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000) and Public Safety Account 101-8210-000-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE, Account 101-5933-000-7505: Base Price $ 37,411 Fees & Delivery 209 Sales Tax 3,086 Total Encumbrance $ 40,706

PROPOSED ENCUMBRANCE, Account 101-8210-000-7505: Base Price $ 34,364 Fees & Delivery 209 Sales Tax 2,835 Total Encumbrance $ 37,408

26 TOTAL ENCUMBRANCE: Base Price $ 71,775 Fees & Delivery 418 Sales Tax 5,921 Total Encumbrance $ 78,114

BACKGROUND

The two proposed new Ford vehicles will be assigned to the Public Safety Division. One vehicle will replace Park District vehicle #127 which is being retired due to age, high mileage, and declining condition. The other vehicle is an addition to the fleet assigned to Public Safety for use as an additional pursuit-rated Patrol Vehicle, as per approved 2018 Budget Request.

The new vehicles are available for purchase directly from Downtown Ford Sales by means of contract pricing established by the State of California, General Services Procurement Division, Contracts #1-18-23-20A and #1-18-23-23A. The pricing is the result of the State’s competitive bid process and open to all state governmental entities and educational institutions. Public agencies electing to use this method of vehicle acquisition avoid the administrative costs and additional time involved with conducting individual formal bid processes.

ALTERNATIVES

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

27 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 - 007 -

July 3, 2018

AUTHORIZATION TO PURCHASE TWO FORD VEHICLES FROM DOWNTOWN FORD SALES FOR VEHICLE REPLACEMENT AND AN ADDITION TO THE FLEET

WHEREAS, the East Bay Regional Park District (Park District) has included funding in its 2018 Budget for the purchase of new rolling stock; and

WHEREAS, the Park District has the need to replace one vehicle which is being retired due to age, high mileage, and declining condition per the Park District’s vehicle replacement program and

WHEREAS, the Park District has the need to purchase one new vehicle as an addition to the fleet assigned to Public Safety as per approved 2018 Budget Request; and

WHEREAS, Downtown Ford Sales of Sacramento is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contracts #1-16-23-20A and #1-18-23-23A;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of two Ford vehicles for a total cost of $78,114, with said sum to be encumbered from the 2018 Budget, $40,706 from Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000) and $37,408 from Public Safety Account 101-8210-000-7505 (Rolling Stock >$25,000); and

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

Moved by Director , seconded by Director , and adopted this 3rd day of July, 2018, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

28 Page Left Blank Intentionally

29 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Modify Measure CC Project Description and Transfer Funds for the Redwood Stump Conservation and Education Project: Roberts Regional Recreation Area (Zuckermann/Auker/O’Connor)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommends that the Board of Directors:

1. Authorize the modification and transfer of $25,000 in Measure CC funds from the Regrade Stream Trail project at Redwood Regional Park to the Conserve Redwood Stump project at Roberts Recreation Area.

REVENUE/COST

TRANSFER OF FUNDS Existing, Regrade Stream Trail (515200) $542,400 Transfer to Conserve Redwood Stump (#527000) $25,000 REMAINING $517,400

Measure CC funds in the amount of $542,400 (Line #57) are available to Regrade Stream Trail at Redwood Regional Park (#515200). Staff requests to modify the Measure CC project description and transfer $25,000 to the Redwood Stump Conservation (Line #48) at Roberts Recreation Area (#527000).

BACKGROUND

In partnership with the Save the Redwoods League, the Park District is seeking to preserve one of the oldest redwood tree stumps within the Park District lands by constructing a viewing platform, split-rail fence, and adding interpretive display panels to educate the public on the history of logging in the area and the importance of this remaining stump in that history. With the logging of the redwood trees in the Oakland Hills in the 1850-60’s, there is little evidence that remains of the once large trees that occupied that area. Evidence of a couple remaining redwood tree stumps are the only remnants in Redwood and Roberts Regional Parks. One of

30 these stumps, in Roberts Regional Park, near the Redwood Bowl, is only partially fenced off and protected. Park visitors and school groups will often walk up next to the stump, or even on it to observe the large width of these ancient trees. This continued visitation has slowly degraded the remaining stump.

Staff recommends funding this project by modifying a Measure CC project in Roberts Regional Recreation Area (Line 48) and transferring $25,000 from the Regrade Stream Trail Measure CC project (Line 57) in Redwood Regional Park. The Park District has applied to the Federal Emergency Management Agency (FEMA) for additional funding of the current project to regrade/re-route and improve Stream Trail to protect the creek and eliminate soil erosion from the 2018 winter storms; therefore, the transfer will not affect the Stream Trail improvement project.

This project modification was presented and recommended for approval by the Park Advisory Committee and the Board Finance Committee as part of the annual Measure Review process.

ALTERNATIVES

No alternatives are recommended.

31 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 -

July 3, 2018

AUTHORIZATION TO MODIFY MEASURE CC PROJECT DESCRIPTION AND TRANSFER FUNDS FOR THE REDWOOD STUMP CONSERVATION AND EDUCATION PROJECT: ROBERTS REGIONAL RECREATION AREA

WHEREAS, in partnership with the Save the Redwoods League, the Park District is seeking to preserve one of the oldest redwood tree stumps within the Park District lands by constructing a viewing platform, split-rail fence, and adding interpretive display panels to educate the public on the history of logging in the area and the importance of this remaining stump in that history; and

WHEREAS, with the logging of the redwood trees in the Oakland Hills in the 1850-60’s, there is little evidence that remains of the once large trees that occupied that area. Evidence of a couple remaining stumps are the only remnants in Redwood and Roberts Regional Parks. One of these stumps, in Roberts Regional Park, near the Redwood Bowl, is only partially fenced off and protected. Park visitors and school groups will often walk up next to the stump, or even on it to observe the large width of these ancient trees. This continued visitation has slowly degraded the remaining stump. Without any protection of it, there is a fear that it will disappear completely one day soon.

WHEREAS, $542,400 in Measure CC funds (Line #57) are available to Regrade Stream Trail at Redwood Regional Park (#515200) and $25,000 is needed for the Conserve Redwood Stump (Line #48) at Roberts Recreation Area (#527000); and

WHEREAS, the Park District has applied to the Federal Emergency Management Agency (FEMA) for additional funding of the current project to regrade/re-route and improve Stream Trail to protect creek and eliminate soil erosion from the 2018 winter storms;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the following per the Budget Change form attached:

1. Modification and transfer $25,000 in Measure CC funds (Line #57) from Regrade Stream Trail at Redwood Regional Park (#515200) to Conserve Redwood Stump (Line #48) at Roberts Recreation Area (#527000).

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

Moved by Director , seconded by Director , and adopted this 3rd day of July, 2018 by the following vote:

32 FOR:

AGAINST: ABSTAIN: ABSENT:

33 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Account Name: Expense: OTA Fund - Fund -Fin / Mgmt Svc- Redwood - Stewardship - Redwood - Measure CC - Measure CC - Construction Project Management

Account: 336-7420-112-6191 Account: 333-7420-112-4XXX /515200 /515200 MCCT - 009 $ 25,000 MCCT - 004 $ 25,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 3, 2018 the General Manager authorizes the transfer of Measure CC funds Other Than Asset project 515200 to Regrade the Stream Trail to a new project 527000 in Roberts, to Conserve a Redwood Stump.

As approved at the Board of Directors Meeting on date: 7/3/2018 Board of Directors Resolution Number: 2018-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2018\12- July 3, 2018\S DRIVE\C-1-e2 515200 and 527000 Meas CC Approp.xlsx 34

Page Left Blank Intentionally

35 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize spending of up to $90,000 in 2018 to purchase safety items for the Fire Department.

REVENUE/COST

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

SOURCE OF FUNDS General Fund-Fire Operations-District Wide-Personal Protective Equipment 101-8310-000-5113 $ 90,984

USE OF FUNDS General Fund-Fire Operations-District Wide-Personal Protective Equipment 101-8310-000-5113 $ 90,000

REMAINING BALANCE $ 984

BACKGROUND

In the 2018 budget, the East Bay Regional Park District (Park District) Fire Department submitted a request for funding to provide twelve sets of structure gear for new On-Call Firefighters at a total of $60,000. L.N. Curtis & Sons, Inc. is a local vendor in Oakland that provides this custom structure gear in accordance with the specifications for the Park District. They also supply the District with other safety gear as necessary during the year. The Fire Department obtained sole source approval from District Counsel for these purchases in March 2018.

Board Operating Guidelines require Board authorization for annual spending over $50,000 with a single vendor.

36 ALTERNATIVES

No alternatives are recommended.

37 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 –

July 3, 2018

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

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

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

WHEREAS, the Park District’s Legal Counsel has approved this vendor as a sole source for this purchase; and

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

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes and approves the spending of up to $90,000 with L.N. Curtis & Sons, Inc. for safety gear and equipment in 2018 from the existing Fire Department budget; and

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

Moved by Director , seconded by Director , and adopted this 3rd day of July 2018 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

38 FINANCE AND MANAGEMENT SERVICES

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. PUBLIC HEARING

Approval of Engineer's Report for Fiscal Year 2018/2019, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1, including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic) (Spaulding/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Hold the noticed public hearing after staff’s presentation;

2. Receive public comments regarding the Draft Engineer's Report for operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1 (ACC-1), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley) and ZB-6 (Sibley Volcanic) for Fiscal Year 2018/2019;

2. Approve the ACC-1 Engineer's Report for Fiscal Year 2018/2019;

3. Adopt a resolution confirming the diagram and assessment as set forth in the Engineer’s Report for Fiscal Year 2018/2019 (available for review through the Clerk of the Board);

4. Order the maintenance and improvements and levy the assessment as set forth in the Engineer's Report for Fiscal Year 2018/2019;

5. Adopt a resolution overruling protests.

39 REVENUE/COST

Assessment revenues totaling $4,548,719 are expected to be raised from the Two County LLD and the Zones of Benefit proceeding. These revenues are anticipated in the 2018 and 2019 East Bay Regional Park District (Park District) budgets and are restricted to fund regional trail/park maintenance and improvements as specified in the attached Engineer’s Report. 2018 appropriations to-date total $5,742,998 utilizing the current year revenue and accumulated fund balances.

BACKGROUND

The regional trails system in Alameda and Contra Costa Counties enjoys widespread popularity and support. It was determined that the formation of a special assessment district would provide an equitable funding source to finance the cost of the regional trails within the Two County LLD by the property owners within the Two County LLD boundaries. As a result, the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1 (ACC-1) was established by the Park District on June 1, 1993, and began operation on July 1, 1993. The assessment was established for all qualifying parcels at an annual rate of $5.44 per parcel. In 1995, multi-unit parcels were added to the assessment at $2.72 per unit.

Because this Landscaping and Lighting Assessment District was formed prior to the passage of Proposition 218, it is considered a “grandfathered assessment”. In conformance with the requirements of Proposition 218, the electorate of Alameda and Contra Costa counties approved the continuation of this assessment in November 1996 by a 78.5% vote in favor.

The proposed program for FY 2018/2019 is described in the Engineer's Report submitted with this Board Report as Attachment C, and is consistent with the Park District's Master Plan. The assessment, as recommended for individual parcels for FY 2018/2019, remains unchanged at the $5.44 per parcel rate. Multi-family parcels of two units per parcel or greater will continue to be assessed at the rate of $2.72 per unit.

The Engineer’s Report contains six zones of benefit. The proposed assessment rates are adjusted for inflation as provided for in the proceedings when the zones were formed. Based on the analysis contained in the Engineer’s Report, the assessment rates vary from zone to zone depending upon the scope of work to be performed and the number of dwelling units. The zones of benefit and their corresponding assessment rates are as follows:

 Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994 and currently includes 1,088 units, which are assessed $47.10 each.

 Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996 and currently includes 659 units, which are assessed $34.09 each.

 Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in 1998 and currently includes 595 units, which are assessed $151.98 each.

 San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established in 1999 and currently includes 140 units, which are assessed $42.61 each.

40  Stone Valley Zone of Benefit (ZB-5), near Las Trampas Regional Wilderness Area, was established in 2006 and currently includes 39 units, which are assessed $177.30 each.

 Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the City of Orinda, was established in 2007 and currently includes 245 units, which are assessed $105.48 each.

The General Manager recommends that the Board approve the Engineer’s Report. By taking the recommended action, the Park District will make it possible for the ACC-1, including ZB-1, ZB- 2, ZB-3, ZB-4, ZB-5 and ZB-6 to continue the trails and zone of benefit work programs in the 2018 and 2019 Park District budget years.

At this Board meeting, on July 3, 2018, the Board will receive public comments and thereafter approve the Engineer’s Report (Work Program, Budget and Rate of Assessment).

A second resolution is a requirement of State law that the Board must adopt a resolution overruling any protest to the assessment if any should be received.

ALTERNATIVES

None are recommended.

Attachment A: Map of ACC-1 Attachment B: Map of Zones of Benefit Attachment C: FY 2018/2019 Engineer’s Report for ACC-1

41 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 -

July 3, 2018

APPROVAL OF ENGINEER'S REPORT FOR FISCAL YEAR 2018/2019, ADOPT RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT, ORDER MAINTENANCE, IMPROVEMENTS AND LEVY ANNUAL ASSESSMENT FOR ALAMEDA COUNTY/CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 INCLUDING ZB-1 (FIVE CANYONS), ZB-2 (DUBLIN HILLS), ZB-3 (WALPERT RIDGE), ZB-4 (SAN RAMON HILLS), ZB-5 (STONE VALLEY), AND ZB-6 (SIBLEY VOLCANIC)

WHEREAS, in November 1996, consistent with the provisions of Proposition 218, the continuation of the assessment rate and services provided by A/CC-1 was placed on the ballot as Measure KK and this ballot measure was approved (78.5% in favor) by the electorate of Alameda and Contra Costa counties; and

WHEREAS, on April 17, 2018, the East Bay Regional Park District (Park District) Board of Directors approved the resolution initiating proceedings and directed NBS, the Engineer, to prepare and file an Engineer’s Report for Fiscal Year 2018/2019; and

WHEREAS, on May 15, 2018, the Board of Directors granted preliminary approval to the Draft ACC-1 Engineer’s Report for Fiscal Year 2018/2019, adopted a Resolution of Intention to Order Improvements within ACC-1 for Fiscal Year 2018/2019, and set a public hearing to be held on July 3, 2018, at 1 p.m. in the Park District Headquarters, 2950 Peralta Oaks Court, Oakland, CA. Notice of the hearing was given in the time and manner required by law; and

WHEREAS, at the noticed public hearing the Board of Directors afforded to interested persons an opportunity to protest to the annual report either in writing or in person, and the Board of Directors has considered the protests.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the FY 2018/2019 Engineer's Report for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1, including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic), approves the diagram and assessment, orders the maintenance and operation of the Regional Trails Assessment District, including Zones of Benefit, and hereby levies the assessment, all as set forth in the Engineer's Report for Fiscal Year 2018/2019; and

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

42 Moved by Director , seconded by Director , and adopted this 3rd day of July, 2018 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

43 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. 2018-07-

July 3, 2018

RESOLUTION OVERRULING PROTESTS (Pursuant to the Landscaping & Lighting Act of 1972)

WHEREAS, on July 3, 2018, the East Bay Regional Park District (Park District) Board of Directors opened a public hearing on the approval of the Engineer's Report on the proposed maintenance and operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1, including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic); and

WHEREAS, at or before the time set for hearing, certain interested persons made protest, or objections to the proposed maintenance and operation, the extent of the assessment district, or the proposed assessment; and

WHEREAS, the Board of Directors finds that protests against the proposed maintenance and operation (including all written protests not withdrawn in writing before the conclusion of the protest meeting) is made by the owners of less than one-half (50%) of the area of the land to be assessed.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby overrules any of these protests.

Moved by Director , seconded by Director , and adopted this 3rd day of July, 2018, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

44 TWO-COUNTY TRAILS ASSESSMENT DISTRICT (ACC-1) Alameda and Contra Costa Counties

San Pablo Bay LONE TREE POINT WATERBIRD BAY POINT SAN PABLO CROCKETT BAY SHORELINE PRESERVE WETLANDS HILLS BROWNS MARTINEZ ISLAND POINT SHORELINE ANTIOCH PINOLE 4 } SHORELINE ¨§¦80 BIG BREAK }4 }242 RANCHO CONTRA SOBRANTE PINOLE LOMA RIDGE BLACK DIAMOND KENNEDY BRIONES MINES DELTA GROVE EBMUD ACCESS WILDCAT MILLER/ CANYON 680 §¦580 ¨§¦ KNOX ¨ CLAYTON RANCH PT. BROOKS ISABEL DEER Mt. Diablo VALLEY ISLAND TILDEN 24 } DIABLO State Park FOOTHILLS ¨§¦80 ROUND CLAREMONT VALLEY CANYON EASTSHORE SIBLEY MORGAN STATE PARK TEMESCAL TERRITORY

HUCKLEBERRY VASCO BYRON HILLS Clifton Court REDWOOD VERNAL Forebay }13 LAS POOLS TRAMPAS Los Vaqueros ¨§¦680 580 Reservoir ¨§¦ SYCAMORE 45 VASCO EBMUD VALLEY ANTHONY LITTLE CCWD CAVES LEONA CHABOT HILLS OPEN BISHOP CROWN SPACE RANCH BEACH BRUSHY PERALTA DOOLAN PEAK MLK JR. ¨§¦880 OAKS HQ CANYON SHORELINE CULL CONTRA COSTA COUNTY SANCOUNTY JOAQUIN DUBLIN ALAMEDACOUNTY LAKE CANYON ALAMEDA COUNTY HILLS OYSTER CHABOT 580 DON ¨§¦ BAY §¦580 CASTRO ¨

GARIN

San Francisco PLEASANTON Bay RIDGE SHADOW GARIN HAYWARD CLIFFS SHORELINE

}92

DRY CREEK/ PIONEER SFWD QUARRY DEL LAKES VARGAS San Antonio VALLE ARDENWOOD PLATEAU Reservoir COYOTE ¨§¦680 HILLS

}84 SUNOL

OHLONE MISSION WILDERNESS ACC-1 PEAK

Miles [ Calaveras 0 5 Reservoir O:\GIS\CMcKaskey\Projects_2018\Finance\ACC1\ACC.mxd Date: 6/21/2018 Page Left Blank Intentionally

46 ZONE OF BENEFITS Alameda and Contra Costa Counties Miles [ 0 2

BRIONES Walnut Creek TILDEN Lafayette }24 Mt. Diablo DIABLO State Park FOOTHILLS Orinda ZOB 6 SIBLEY VOLCANIC ZOB 5 STONE VALLEY CLAREMONT SIBLEY CANYON VOLCANIC Moraga

TEMESCAL

Piedmont REDWOOD LAS }13 Danville SYCAMORE TRAMPAS VALLEY ¨¦§680 ¨¦§580 LEONA CANYON EBMUD

Oakland San ZOB 4 Ramon SAN RAMON HILLS ANTHONY CHABOT ZOB 2 ¨¦§880 DUBLIN HILLS BISHOP MARTIN RANCH LUTHER KING CULL JR. SHORE San Dublin OYSTER Leandro CANYON BAY LAKE DUBLIN CHABOT HILLS DON ¨¦§580 CASTRO

PLEASANTON RIDGE ZOB 1 Zone of Benefits (ZOB) FIVE CANYONS

Hayward GARIN HAYWARD SHORELINE

}92

DRY CREEK PIONEER

Union ZOB 3 47 City WALPERT RIDGE O:\GIS\CMcKaskey\Projects_2018\Finance\ZOB\EBRPD_BenefitsZones_8pt5x11.mxd6/21/2018 Date: Page Left Blank Intentionally

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

Fiscal Year 2018/19

OFFICE LOCATIONS:

Temecula – Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592

San Francisco – Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102

California Satellite Offices Atascadero, Davis, Huntington Beach, Prepared by: Joshua Tree, Riverside, Sacramento, San Jose www.nbsgov.com 49 TABLE OF CONTENTS

EXECUTIVE SUMMARY...... 1

PLANS AND SPECIFICATIONS...... 2

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

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

Description of Improvements ...... 3

Identification of Benefit ...... 4

ESTIMATE OF COSTS...... 5

ASSESSMENT DIAGRAM ...... 12

ASSESSMENTS ...... 13

Method of Apportionment...... 13

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

Assessment Roll...... 15

50 EXECUTIVE SUMMARY

On April 17, 2018, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the Alameda County – Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1 (the “District”). The Resolution of Initiation directed NBS Government Finance Group, DBA NBS, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received. The following assessment is made to cover the portion of the estimated cost of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT

Fiscal Year Fiscal Year As 2018/19 2018/19 Zone Confirmed Proposed Maximum by Board Assessment Assessment ACC-1 (General Zone) $4,345,858.24 $4,345,858.24 Five Canyons Zone of Benefit (ZB-1) 51,244.80 51,244.80 Dublin Hills Zone of Benefit (ZB-2) 22,465.31 22,465.31 Walpert Ridge Zone of Benefit (ZB-3) 90,428.10 90,428.10 San Ramon Hills Zone of Benefit (ZB-4) 5,965.40 5,965.40 Stone Valley Zone of Benefit (ZB-5) 6,914.70 6,914.70 Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) 25,842.60 25,842.60 Total $4,548,719.15 $4,548,719.15

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

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 1 51 PLANS AND SPECIFICATIONS

Description of the District Boundaries The District includes all of Alameda County and all of Contra Costa County. Murray Township in eastern Alameda County and Liberty Union High School District in eastern Contra Costa County are exempt. Zones of Benefit 1, 2, and 3 lie within the District and Alameda County and Zones of Benefit 4, 5, and 6 lie within the District and Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District, are those parcels shown in the assessment roll for the District. Five Canyons Zone of Benefit (ZB-1): This zone was established in 1994 and includes the initial 960 unit residential development and 126 units added in 1996 near the Don Castro Recreation Area in Alameda County. In 2006, an annexation called Highland Estates was completed, adding 25 additional units. There are currently 1,088 assessable parcels in Zone of Benefit No.1. Dublin Hills Zone of Benefit (ZB-2): This zone was established on April 16, 1996 to serve the local trails and regional park needs of these 320 parcels in Alameda County in the City of Dublin. In 2006, an annexation called Schaefer Ranch Estates was completed, adding 302 parcels. There are currently 659 assessable parcels in Zone of Benefit No. 2. Walpert Ridge Zone of Benefit (ZB-3): This zone was established in July 7, 1998 to provide for servicing of regional parkland, habitat maintenance, irrigation, trails, fencing, gates, signs, and associated appurtenant facilities for these 152 parcels, 136 of which are assessable, in the ridge land above the City of Hayward, Alameda County. In 2006, an annexation of the Stonebrae development was completed, adding 570 additional parcels. There are currently 595 assessable parcels in Zone of Benefit No. 3. San Ramon Hills Zone of Benefit (ZB-4): This zone was established on March 2, 1999 to provide for servicing of trails, fencing, gates, signs, and associated appurtenant facilities for these 140 assessable parcels in a subdivision in the western portion of the City of San Ramon, Contra Costa County. Stone Valley Zone of Benefit (ZB-5): The zone was completed in 2006 for trail and regional parkland maintenance, and other improvements for the dedicated regional parkland from the Alamo Crest development off of Stone Valley Road within Alamo. There are 39 assessable parcels in Zone of Benefit No. 5. Sibley Volcanic Regional Preservation Zone of Benefit (ZB-6): The formation of this zone was completed in early 2007 for funding of trail maintenance and other improvements to the dedicated regional parkland adjacent to the Montanera development off of Gateway Boulevard near the City of Orinda in Contra Costa County. There are 245 assessable parcels in Zone of Benefit No. 6.

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 2 52 Description of Areas to be Improved The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows: Current and to be developed, paved and unpaved trails located within the District’s parklands, and regional trails as shown on the District’s current Master Plan map, as amended by the Board of Directors through the date of this report. The following projects will be funded with excess District funds: ACC-1 (General Zone) $175,000 - Wildcat Canyon Havey Canyon Crossing (estimated completion 2018) $500,000 – Pave Roads and trails – various locations in two-county area (completed 2016) $150,000 – Repair and maintain trails using Civicorps Crews, at Pleasanton Ridge, Mission Peak (completed 2017) and Crockett Hills and Vargas Plateau (estimated completion 2018) $630,000 – Install vault toilets at various locations (estimated completion 2018) $200,000 – Purchase of Hydro Flush Truck Five Canyons Zone of Benefit (ZB-1) $20,000 – Purchase power tools and equipment Walpert Ridge Zone of Benefit (ZB-3) $475,000 – Improve trails, install restroom, and water meters Gateway Valley Sibley Zone of Benefit (ZB-6) $55,000 – Restore McCosker Creek $15,000 – repair cattle fence for grazing. Grazing is important for management of land acquired as part of the ZOB, and fencing repairs are required in order to safely place cattle in the area

Description of Improvements The operations, maintenance, and servicing include, but are not limited to: trail maintenance, culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving/crack repair, restroom maintenance, sign maintenance, stair tread repair, tree/shrubbery trim and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance, and service include personnel, electrical energy, utilities such as water, materials, contractual services, administrative costs, and other items as necessary. In 2017, the ERBPD used District funds for the purchase of a tractor and mower, as well as several electric carts, ATVs and Mules, for use within the District. Specific resources for the six Zones of Benefit, including operation, maintenance, and service of trails, regional parks, and supporting facilities are included within these improvements.

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 3 53 The level of construction, operation, maintenance, and servicing will be consistent with the standards defined in the EBRPD Master Plan. All revenue requirements reflect the funding necessary to achieve an acceptable standard that ensures that facilities used by community residents will be appropriate in terms of aesthetics, environmental, and safety considerations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.

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

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 4 54 ESTIMATE OF COSTS

The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for the General Zone of the District for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $2,680,642 Total Assessment FY 2018/19 4,345,858 County Collection Fees (277,035) Interest 41,692 Total Sources $6,791,157 Uses Maintenance Expenditures: Salaries and Benefits $4,438,703 Supplies 89,640 Services 212,270 Capital Outlay 200,000 Administrative Expenses: Intra-District Charges 0 Engineer Charges 30,000 Transfers Out 0 Total Uses $4,970,613 Projected Change in Fund Balance ($860,098) Projected Ending Fund Balance, December 31, 2018 $1,820,544

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 5 55 The budget for the Five Canyons Zone of Benefit (ZB-1) for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $172,476 Total Assessment FY 2018/19 51,245 County Collection Fees (871) Interest 2,899 Total Sources $225,749 Uses Maintenance Expenditures: Salaries and Benefits $25,678 Supplies 1,250 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Transfers Out 115,000 Total Uses $142,428 Projected Change in Fund Balance ($89,155) Projected Ending Fund Balance, December 31, 2018 $83,321

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 6 56 The budget for the Dublin Hills Zone of Benefit (ZB-2) for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $85,871 Total Assessment FY 2018/19 22,465 County Collection Fees (382) Interest 1,255 Total Sources $109,209 Uses Maintenance Expenditures: Salaries and Benefits $7,334 Supplies 2,100 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 80,000 Total Uses $89,434 Projected Change in Fund Balance ($66,096) Projected Ending Fund Balance, December 31, 2018 $19,775

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 7 57 The budget for the Walpert Ridge Zone of Benefit (ZB-3) for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $474,748 Total Assessment FY 2018/19 90,428 County Collection Fees (1,537) Interest 7,175 Total Sources $570,814 Uses Maintenance Expenditures: Salaries and Benefits $29,077 Supplies 9,520 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Transfers Out 475,000 Total Uses $514,097 Projected Change in Fund Balance ($418,031) Projected Ending Fund Balance, December 31, 2018 $56,717

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 8 58 The budget for the San Ramon Hills Zone of Benefit (ZB-4) for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $29,835 Total Assessment FY 2018/19 5,965 County Collection Fees (356) Interest 424 Total Sources $35,868 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 500 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 27,300 Total Uses $27,800 Projected Change in Fund Balance ($21,767) Projected Ending Fund Balance, December 31, 2018 $8,068

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 9 59 The budget for the Stone Valley Zone of Benefit (ZB-5) for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $52,014 Total Assessment FY 2018/19 6,915 County Collection Fees (280) Interest 768 Total Sources $59,417 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 630 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 0 Total Uses $630 Projected Change in Fund Balance $6,773 Projected Ending Fund Balance, December 31, 2018 $58,787

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 10 60 The budget for the Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) for Fiscal Year 2018/19 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2018 $56,309 Total Assessment FY 2018/19 25,843 County Collection Fees (436) Interest 673 Total Sources $82,389 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 500 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Transfers Out 70,000 Total Uses $70,500 Projected Change in Fund Balance ($44,420) Projected Ending Fund Balance, December 31, 2018 $11,889

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 11 61 ASSESSMENT DIAGRAM

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

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 12 62 ASSESSMENTS

The actual assessments for Fiscal Year 2018/19, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 5.3 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessors of the County of Alameda and the County of Contra Costa and such records are, by reference, made part of this Report.

Method of Apportionment The assessments for the individual parcels in the General Zone of the District (excluding Murray Township and Liberty Union High School District), are based upon the following schedule: 1. For all residential, industrial, commercial parcels in Alameda and Contra Costa County (except as noted below), an annual parcel assessment of $5.44 is established for Fiscal Year 2018/19. For Fiscal Year 2018/19, there are 359,557 assessable units within Alameda County for a total of 1,955,990.08; there are 297,757 assessable units within Contra Costa County for a total of $1,619,798.08. 2. For all multi-family residential parcels of two or more units per parcel, an annual assessment of $2.72 per unit is established for Fiscal Year 2018/19. For Fiscal Year 2018/19, there are 206,257 assessable units within Alameda County for a total of $561,019.04; there are 76,857 assessable units within Contra Costa County for a total of $209,051.04. 3. The parcels in Murray Township (East Alameda County) and the Liberty Union High School District (ECCC-1 or East Contra Costa County) are included in the District, but at a zero assessment. 4. With regard to those lands defined by the County Assessor in each county as agricultural or ranch property, the annual assessment is made exclusively for those parcels on which a residence is located. 5. Public utility owned or leased properties, common areas, and church properties are excluded from assessment, in accordance with legal statute or accepted assessment practice in the two- county area. 6. Senior citizens whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll. Zones of Benefit The methodology for the zones was developed to calculate the total assessment for each zone based upon Equivalent Dwelling Units (EDU). An improved single family parcel is the base unit for calculation of benefit assessments and is defined as one EDU. The assessment rates within the six zones of benefit within the District

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 13 63 increase annually by the percentage change in the December Consumer Price Index for the San Francisco Area. For 2018/19, this increase amounts to 2.94%. The Fiscal Year 2018/19 assessment rates for the various zones are as follows: Five Canyons Zone of Benefit (ZB-1) An annual assessment of $47.10 per EDU is established within the Five Canyons Zone of Benefit for Fiscal Year 2018/19. There are 1,088 assessable units for a total of $51,244.80. Dublin Hills Zone of Benefit (ZB-2) An annual assessment of $34.09 per EDU is established within the Dublin Hills Zone of Benefit for Fiscal Year 2018/19. There are 659 assessable units for a total of $22,465.31. Walpert Ridge Zone of Benefit (ZB-3) An annual assessment of $151.98 per EDU is established within the Walpert Ridge Zone of Benefit for Fiscal Year 2018/19. There are 595 assessable units for a total of $90,428.10. San Ramon Hills Zone of Benefit (ZB-4) An annual assessment of $42.61 per EDU is established within the San Ramon Hills Zone of Benefit for Fiscal Year 2018/19. There are 140 assessable units for a total of $5,965.40. Stone Valley Zone of Benefit (ZB-5) An annual assessment of $177.30 per EDU is established within the Stone Valley Zone of Benefit for Fiscal Year 2018/19. There are 39 assessable units for a total of $6,914.70. Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) An annual assessment of $105.48 per EDU is established within the Sibley Volcanic Regional Preserve Zone of Benefit for Fiscal Year 2018/19. There are 245 assessable units for a total of $25,842.60. All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll.

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

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 14 64 Assessment Roll The EBRPD has obtained a detailed listing of all parcels within the District boundaries. For each county, a county parcel use code was secured and all statutorily tax-exempt parcels have been excluded from the assessment. A comprehensive listing of all parcels to be assessed, including parcel address and proposed amount of assessment, is on file at the EBRPD headquarters office, 2950 Peralta Oaks Court, Oakland. In all instances of District, parcel references will be based upon standard Alameda County and Contra Costa County parcel numbers and use codes, in order to avoid confusion or misunderstanding by property owners.

East Bay Regional Park District Alameda County - Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1) 15 65

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66 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES DIVISION

b. Acceptance of the 2017 Comprehensive Annual Financial Report, Statement on Auditing Standards (SAS) 114 Auditor’s Communications with Those Charged with Governance dated June 27, 2018, Independent Accountant’s Report on Federal Awards, and Independent Accountant’s Report on Agreed Upon Procedures Applied to 2018 Appropriations Limit Schedule (O’Hara/Auker)

RECOMMENDATION

The General Manager, Board Finance Committee, and the Park Advisory Committee recommend that the Board of Directors accept the:

1. Comprehensive Annual Financial Report for the year ended December 31, 2017;

2. SAS 114 Auditor’s Communication dated June 27, 2018;

3. The Independent Accountant’s Report on Federal Awards; and

4. The Independent Accountant’s Report on Agreed-Upon Procedures Applied to 2018 Appropriations Limit Schedule (GANN limit).

REVENUE/COST

There is no cost associated with this action.

BACKGROUND

State law and Board policy calls for the District to undergo an independent audit of its financial statements on an annual basis. The District contracts with the Certified Public Accounting firm of Vavrinek, Trine, Day and Company (VTD) as our independent auditor. They are in the process of completing their audit for the period ended December 31, 2017. Based on their review, VTD’s Independent Auditor’s Report confirms that the District’s financial statements, in all material respects, fairly present the financial position of the District and are in conformance with generally accepted accounting principles. Furthermore, during fieldwork, VTD found no material weaknesses in the District’s internal control structure. In other words, the District has received a “clean” audit opinion with no exceptions or qualifications expressed.

67 Comprehensive Annual Financial Report

SUMMARY

The District is in sound financial condition. The complete reconciliation of the 2017 fiscal year, as recorded in detail in this draft CAFR, demonstrates the continuing effectiveness of the District’s conservative financial approach and the strong support of the Board of Directors toward financial transparency and long-term planning. The CAFR records the continuing commitment of public funds to providing services through expenditures on land acquisition, development projects, staff wages and benefits, debt service on bonds, and all required and recommended governmental activities necessary to operate the District. These year-end financial results will be used as the basis for making recommendations to the Board of Directors for future budgets.

The Government-wide Statement of Net Position (page 31) displays the District’s total net position as of December 31, 2017. Net position totaled $771.8 million, which increased by $17.6 million in 2017 primarily due to property tax revenue being greater than budgeted, and salaries and benefits savings due to staff vacancies.

Both governmental funds had an overall increase in fund balance and the proprietary fund net position also increased.  General Fund ending fund balance increased $8.7 million (page 38). This is attributed to former redevelopment agency property tax pass-through payments, as well as personnel and operating expenditures below budget.  Debt Service Fund ending fund balance increased $6.2 million (page 38), mainly as a result of the advance refunding/refinancing of the District’s 2009A WW general obligation bonds.  Project Fund ending fund balance increased $54.7 million (page 38), due to the issuance of new Measure WW bonds in 2017, offset by increased spending on capital projects. n No -major governmental funds increased $1.4 million (page 39) due in part to a new endowment for the Moller Ranch property, as well as revenue from Dumbarton Quarry tipping fees (pages 116-117).  Proprietary (Internal Service) fund net position increased $2.9 million (page 45) primarily as a result of an increase in funding for Workers Compensation Fund, and Major Infrastructure Renovation and Replacement Fund reserves.

DETAIL

The Financial Section of the District’s 2017 Comprehensive Annual Financial Report (CAFR), upon the completion of auditor’s review, will open with the Independent Auditors’ Report (page 13), which expresses their opinion that “the financial statements present fairly, in all material respects, the financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the District as of December 31, 2017, and the respective changes in financial position and, where applicable, cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America.”

68 Management’s Discussion and Analysis (MD&A) follows and includes financial highlights for the year (page 15), an overview of the financial statements (pages 16-17), and an analysis of the government-wide (pages 18-21) and the fund financial statements (pages 21-24). Additionally, General Fund budget highlights are included (page 21-22), as are capital asset and debt administration summaries (pages 24-25). Finally, economic factors impacting the 2018 and 2019 budgets are briefly discussed (pages 25-26).

The Government-wide Statement of Net Position and Statement of Activities follow the MD&A. These government-wide statements are reported on the full accrual basis, unlike the Governmental Fund Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balances, which are presented on the modified accrual basis. The major differences between full accrual and modified accrual are that full accrual recognizes revenues earned but unavailable, includes depreciation expense, and does not include capital asset and debt service principal costs as expenses. A detailed reconciliation between government-wide and governmental statements are included on pages 37 and 40-41 of the CAFR.

The Statement of Net Position (page 31) includes assets and liabilities not included on the Governmental Fund Balance Sheet, including:

 Net Other Post-Employment Benefits (OPEB) asset- for amounts paid to the OPEB trust for future retiree medical benefits in excess of annual required contribution ($1.3 million)  Capital assets (non-depreciable and depreciable net of depreciation) ($678.6 million)  Deferred outflows on advance refunding of Measure WW bonds ($3 million)  Deferred outflows related to pension liabilities ($34.8 million)  Interest payable on general obligation bonds ($1.6 million)  Compensated absences (long-term accrued leave balances payable) for governmental funds ($5.8 million)  Long-term debt outstanding ($213.7 million)  Pollution remediation obligation ($5.7 million)  Net pension liability for the EBRPD and CalPERS pension plans ($128.4 million)  Deferred inflows related to pension liabilities ($5.8 million)

The Statement of Activities (page 32) provides revenue and expense information by function, demonstrating the subsidy each function received from general revenues (property tax and unrestricted interest).

The governmental fund statements, which follow the government-wide statements, include General Fund, Debt Service Fund, Project Fund and Non-Major Funds (detailed information is presented in the Supplementary Information section of the CAFR).

General Fund ending fund balance, included in the governmental fund financial statements (page 38) increased $8.7 million. Comparison of significant items between 2017 and 2016 are as follows:

 General Fund revenues totaled $142.3 million compared to $136.2 million in 2016 with the largest increase ($6.1 million) attributed to property tax revenue.

69  General Fund expenditures totaled $118.7 million compared to $114.8 million in 2016, with the increase ($3.9 million) primarily due to negotiated wage increases and additional pension contributions.  2017 General Fund transfers out totaled $19.2 million and funded the following:

Projects $10.7 million Major Infrastructure Renovation and Replacement Fund $7.1 million Debt Service $1.4 million

Debt service fund balance, included in the governmental fund financial statements, (page 38) increased $6.2 million in 2017, attributable to the issuance of Measure WW 2017B bonds as an advance refunding for the Measure WW 2009A bonds. Comparison of significant items between 2017 and 2016 is as follows:

 Debt levy revenue was $12.5 million, a decrease of $8.8 from prior year due to a reduction in the bond assessment levy on the District’s general obligation bonds.  Debt service payments totaled $15.2 million, a decrease of $17.1 million from 2016 due to lower debt service amortization schedules.

Project fund balance, included in the governmental fund financial statements (page 38) increased $54.7 million to an ending fund balance of $149.8 million primarily due to bond proceeds from the issuance of Measure WW 2017 general obligation bonds. Comparison of significant items between 2017 and 2016 is as follows:

 Grant revenue decreased $6.0 million from 2016 amounts, with a corresponding decrease in capital expenditures of $4.5 million.  Transfers into the project fund (mainly from the General Fund) were $82.2 million greater than 2016 due to $80 million in bond proceeds as noted above.

Proprietary fund statements (pages 44-46) include internal service funds which are used to account for goods and services provided by the internal service departments to other District departments. Funds accounted for in this category include: workers’ compensation, major infrastructure renovation and replacement, major equipment replacement, general liability, and employee benefits.

Fiduciary fund statements (pages 48-49) include information about EBRPD Retirement Plans, over which the District has a fiduciary responsibility.

Notes to the Basic Financial Statements follow (pages 52-98), providing information about significant accounting policies, and details about cash and investments, capital assets, long term liabilities, fund equity, OPEB, and retirement plans and contribution status, as well as other items required to be disclosed.

Required Supplementary Information (RSI) is the next section of the CAFR, and includes the mandated General Fund budget to actual comparison (page 101), funding progress for other post- employment benefits (OPEB) (page 102) and information related to the funding status of the District’s retirement plans (pages 103-110).

70

 General Fund revenue exceeded budget by $6.0 million. Of that amount, $5.2 million was the result of increased property tax revenue.  General Fund expenditures were less than appropriations by $9.1 million, the majority of which was related to unexpended repairs and maintenance supplies and services ($5.1 million) and salary and benefits savings due to position vacancies ($3.4 million).  Detail on other funds’ budget to actual comparisons are included in the Supplementary Information section of the CAFR.

The Supplementary Information section (pages 113-133) contains details of non-major funds, budget to actual for other governmental funds, and details of internal service funds.

The CAFR closes with a statistical section, (pages 141-167) which includes multi-year comparisons of financial information, as well as information about our major revenue source, property tax, additional debt information, and District statistics.

Statement on Auditing Standards 114, Auditor’s Communications with Those Charged with Governance This communication clarifies that management is responsible for the selection and use of accounting policies and accounting estimates. It also states that the auditors encountered no difficulties while performing the audit, that there have been no material errors in the District’s financial records, and that there were no disagreements with management.

The Independent Accountant’s Report on Federal Awards The auditors reviewed and confirmed that the District complied, in all material respects, with all requirements of major federal grant funding received during the year ended December 31, 2017. The auditors reported one missing written procedure related to cash management and allowable costs as required in the Uniform Guidance. Staff promptly responded by preparing the required written procedure and providing to the auditors.

Agreed Upon Procedures Applied to Appropriations Limit Calculation Since 1990, the California Constitution has placed a restriction on public agencies for the annual amount of appropriations from property taxes (Gann Limit). The appropriation limit is based on population and inflationary factors as applied to the prior year appropriation limit. The 2018 appropriation limit, as adjusted for these factors, was $394.3 million. The amount of District 2018 appropriation subject to this limitation is $132.1 million, far below the Gann Spending Limitation.

Conclusion and Acknowledgements The General Manager and Deputy General Manager have been of great assistance and have reviewed the year-end results with the auditors. The preparation and timely completion of the annual financial reports is a significant endeavor for the Finance Department staff members, especially Kimberly Balingit (Accounting Manager), Michelle Strawson O’Hara (Assistant Finance Officer) and David Sumner (Audit Manager) who have contributed their time and attention to produce the CAFR. Other District staff have also responded cooperatively to the many questions and requests for detailed information that accompanies each audit.

71 This CAFR has been submitted for the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting and staff expects to receive acknowledgment similar to the awards received by the District for the past 17 consecutive years.

ALTERNATIVES

No alternatives are recommended.

ATTACHMENTS

A. Statement on Accounting Standards (SAS) 114 Auditor’s Communications with Those Charged with Governance B. Independent Accountant’s Report on Federal Awards C. Independent Accountant’s Report on Appropriations Limit Calculation D. 2017 Comprehensive Annual Financial Report (provided on District website at http://www.ebparks.org/about/budget#CAFR)

72 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 -

July 3, 2018

ACCEPTANCE OF THE 2017 COMPREHENSIVE ANNUAL FINANCIAL REPORT, STATEMENT ON AUDITING STANDARDS (SAS) 114 AUDITOR’S COMMUNICATIONS WITH THOSE CHARGED WITH GOVERNANCE DATED JUNE 27, 2018, INDEPENDENT ACCOUNTANT’S REPORT ON FEDERAL AWARDS, AND INDEPENDENT ACCOUNTANT’S REPORT ON AGREED UPON PROCEDURES APPLIED TO 2018 APPROPRIATIONS LIMIT CALCULATION REPORT

WHEREAS, the East Bay Regional Park District has retained the firm of Vavrinek, Trine, Day & Company, Certified Public Accounts (VTD CPAs) for the purpose of auditing the District’s financial statements and records to determine that the statements fairly represent the financial position of the District as of December 31, 2017; and

WHEREAS, VTD CPAs, audited the District’s financial statements, and in their opinion the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the District as of December 31, 2017, and the respective changes in financial position and cash flows, in conformity with Generally Accept Accounting Principles in the U.S.; and

WHEREAS, VTD CPAs, audited the District’s compliance with reporting requirements for the District’s major federal programs for the year ended December 31, 2017; and

WHEREAS, VTD CPAs also performed agreed upon procedures related to 2018 appropriation limit (Gann limit) and noted no exceptions: and

WHEREAS, VTD CPAs, in connection with their audit activities, observed District procedures and stated their findings and recommendations in the Report to Board of Directors and Management; and

WHEREAS, VTD CPAs are required under SAS 114 to issue a letter explaining their responsibility under U.S. GAAS and OMB Circular A-133: and

WHEREAS, these financial statements and reports were reviewed and recommended for acceptance by the Park Advisory Committee on June 25, 2018 and the Board Finance Committee on June 27, 2018,

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

1. Comprehensive Annual Financial Report for the year ended December 31, 2017; 2. SAS 114 Communication dated June 27, 2018; 3. Independent Accountant’s Report on Federal Awards; and 4. Independent Accountant’s Report on Agreed-Upon Procedures Applied to

73 Appropriations Limit Schedule for the 2018 year (GANN limit)

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

Moved by Director , seconded by Director , and adopted this 3rd day of July, 2018 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

74 To the Board of Directors East Bay Regional Park District Oakland, California

We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of East Bay Regional Park District (District) for the year ended December 31, 2017. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated December 7, 2017. Professional standards also require that we communicate to you the following information related to our audit.

Significant Audit Findings

Qualitative Aspects of Accounting Practices

Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the District are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2017. We noted no transactions entered into by the District during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the District’s financial statements were:

Management’s estimates were used in establishing allowances for accounts receivable, establishing self- insurance reserves, estimating pollution remediation liabilities, estimating fair value of investments, estimating useful lives to calculate depreciation of capital assets, estimating other post-employment benefits and estimating amounts related to the net pension liability, related deferred inflows of resources and deferred outflows of resources, and disclosures based on actuarial valuations. We evaluated the key factors and assumptions used to develop the estimates in determining that they were reasonable in relation to the financial statements taken as a whole.

Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosure affecting the financial statements was:

As disclosed in Note 11 to the District’s financial statements, the valuation of the District’s net pension liabilities and related deferred outflows/inflows of resources are sensitive to the underlying actuarial assumptions used including, but not limited to, the investment rate of return and discount rate. As disclosed in Note 11, a 1% increase or decrease in the discount rate has a material effect on the District’s net pension liabilities.

The financial statement disclosures are neutral, consistent, and clear.

1 75 5000 Hopyard Rd., Suite 335, Pleasanton, CA 94588 P 925.734.6600 F 925.734.6611 W vtdcpa.com Difficulties Encountered in Performing the Audit

We encountered no significant difficulties in dealing with management in performing and completing our audit.

Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated June 27, 2018.

Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the District’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the District’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

Other Matters We applied certain limited procedures to management’s discussion and analysis, budgetary comparison information, other postemployment benefit plan schedule of funding progress, the schedules of the net pension liability and related ratios, the schedule of proportionate share of the net pension liability, the schedules of pension contributions, and schedule of investment returns, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were engaged to report on combining and individual nonmajor fund financial statement and schedules, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We were not engaged to report on to introductory and statistical sections, which accompany the financial statements, but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. 2 76 Restriction on Use This information is intended solely for the information and use of the Board of Directors and management of the District and is not intended to be, and should not be, used by anyone other than these specified parties.

Pleasanton, California June 27, 2018

3 77 Page Left Blank Intentionally

78 EAST BAY REGIONAL PARK DISTRICT

SINGLE AUDIT REPORT (UNIFORM GUIDANCE)

FOR THE YEAR ENDED DECEMBER 31, 2017

79 EAST BAY REGIONAL PARK DISTRICT

SINGLE AUDIT REPORT (UNIFORM GUIDANCE)

FOR THE YEAR ENDED DECEMBER 31, 2017

TABLE OF CONTENTS

PAGE

Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1

Independent Auditors’ Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required 3 by the Uniform Guidance

Schedule of Expenditures of Federal Awards 7

Notes to Schedule of Expenditures of Federal Awards 8

Schedule of Findings and Questioned Costs

I. Summary of Auditors’ Results 9

II. Financial Statement Findings 10

III. Federal Awards Findings and Questioned Costs 11

Summary Schedule of Prior Audit Findings 12

80 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

To the Board of Directors East Bay Regional Park District Oakland, California

We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of East Bay Regional Park District (District), as of and for the year ended December 31, 2017, and the related notes to the financial statements, which collectively comprise the District’s basic financial statements and have issued our report thereon dated June 27, 2018.

Internal Control over Financial Reporting

In planning and performing our audit of the financial statements, we considered the District’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District’s internal control. Accordingly, we do not express an opinion on the effectiveness of the District’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

1 81 5000 Hopyard Rd., Suite 335, Pleasanton, CA 94588 P 925.734.6600 F 925.734.6611 W vtdcpa.com Compliance and Other Matters

As part of obtaining reasonable assurance about whether the District’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report

The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the District’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Pleasanton, California June 27, 2018

2 82 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE; AND REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE

To the Board of Directors East Bay Regional Park District Oakland, California

Report on Compliance for Each Major Federal Program

We have audited East Bay Regional Park District’s (District) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the District’s major federal programs for the year ended December 31, 2017. The District’s major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs.

Management’s Responsibility

Management is responsible for compliance with federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs.

Auditors’ Responsibility

Our responsibility is to express an opinion on compliance for each of the District’s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the District’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances.

We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the District’s compliance.

Opinion on Each Major Federal Program

In our opinion, the District complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2017.

3 83 5000 Hopyard Rd., Suite 335, Pleasanton, CA 94588 P 925.734.6600 F 925.734.6611 W vtdcpa.com Other Matters

The results of our auditing procedures disclosed instances of noncompliance which are required to be reported in accordance with the Uniform Guidance and which are described in the accompanying schedule of findings and questioned costs as items 2017-001. Our opinion on each major federal program is not modified with respect to this matter.

The District’s response to the noncompliance findings identified in our audit is described in the accompanying schedule of findings and questioned costs and separate corrective action plan. The District’s response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

Report on Internal Control over Compliance

Management of the District is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the District’s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the District’s internal control over compliance.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

4 84 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance

We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the District as of and for the year ended December 31, 2017, and the related notes to the financial statements, which collectively comprise the District’s basic financial statements. We issued our report thereon dated June 27, 2018, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Pleasanton, California June 27, 2018

5 85 EAST BAY REGIONAL PARK DISTRICT

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED DECEMBER 31, 2017

Federal Pass-Through Entity Federal Grantor/Office/Pass through Grantor/ CFDA Identifying Number or Federal Program or Cluster Title/Project Name Number Direct Grant Number Expenditures

U.S. Department of Agriculture Office: U.S. Forest Service Passsed through Diablo Fire Safe Council Cooperative Forestry Assistance - 2013 Central Fuel Break WUI 10.664 Co-Op Agreement $ 107,696 Office: Natural Resources Conservation Services Passed through East Contra Costa County Habitat Conservancy Environmental Quality Incentives Program - Pond Restoration on Ang Property 10.912 2016-14 13,338 Total U.S. Department of Agriculture 121,034

U.S. Department of Interior Office: Bureau of Reclamation - Direct Recreation Resources Management - Boat Launch Facility Rehab 15.524 R15AP00039 201,352 Office: Bureau of Reclamation - Direct Central Valley Project Conservation - Longhorn Fairy Shrimp and Vernal Pool Study 15.564 R16AP00031 16,609 Office: Fish and Wildlife Services Passed through East Contra Costa County Habitat Conservancy Cooperative Endangered Species Conservation Fund – Fitzpatrick-Campos Acquisition 15.615 WC1645BG 241,800 Cooperative Endangered Species Conservation Fund – Casey Acquisition 15.615 WC-1711BG 1,077,600 Cooperative Endangered Species Conservation Fund – Roddy Home Ranch 15.615 WC1712BG / SG1706BG 691,200 Subtotal Cooperative Endangered Species Conservation Fund 2,010,600 Office: Fish and Wildlife Services - Direct Natural Resource Damage Assessment, Restoration and Implementation - Albany Beach Construction 15.658 F15AP00606 176,948 Office: National Park Service Passed through California Department of Parks & Recreation Outdoor Recreation Acquisition, Development and Planning – Building #19 & #21 replacement in campground 15.916 06-01777/06-01811 444,118

Total U.S. Department of Interior 2,849,627

See accompanying notes to schedule of expenditures of federal awards.

6 86 EAST BAY REGIONAL PARK DISTRICT

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED DECEMBER 31, 2017

Federal Grantor/Office/Pass through Grantor/ CFDA Identifying Number or Federal Program or Cluster Title/Project Name Number Direct Grant Number Expenditures

U.S. Department of Transportation Office: Federal Highway Administration (FHWA) Highway Planning and Constuction Cluster: Passed through California Department of Parks & Recreation Recreational Trails Program - Pinole Shores to Bayfront Park 20.219 RT-01-015 1,076,425 Passed through California Department of Transportation Highway Planning and Construction - Pinole Shores to Bayfront Park 20.205 ATPL-6075(021) 119,711 Highway Planning and Construction - Point Pinole - Breuner Restoration and Public Access 20.205 STPL-6075(020) 3,438 Passed through Metropolitan Transportation Commission Highway Planning and Construction - Pinole Shores to Bayfront Park 20.205 ATPL-6075(021) 4,000,000 Subtotal Highway Planning and Construction Cluster 5,199,574

Total U.S. Department of Transportation 5,199,574

U.S. Department of Homeland Security Office: Federal Emergency Management Agency Passed through California Emergency Management Agency Disaster Grants - Public Assistance (Presidentially Declared Disasters) - Repair Pathway 97.036 DR-4301/PW00860 10,537 Passed through California Emergency Management Agency Hazard Mitigation Grant - Oakland PDM06 - East Bay Hills Fuels Management Project 97.039 2006-0004 348,638 Hazard Mitigation Grant - Local Hazard Mitigation Plan Update 97.039 4240-111-17P 29,151 Subtotal Hazard Mitigation Grant 377,789 Passed through Bay Area Urban Areas Security Initiative Homeland Security Grant Program - Urban Shield 97.067 9-8-2017 25,000

Total U.S. Department of Homeland Security 413,326

TOTAL EXPENDITURES OF FEDERAL AWARDS $ 8,583,561

See accompanying notes to schedule of expenditures of federal awards.

7 87 EAST BAY REGIONAL PARK DISTRICT

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE YEAR ENDED DECEMBER 31, 2017

NOTE 1 – BASIS OF PRESENTATION

The accompanying schedule of expenditures of federal awards (the “Schedule”) includes the federal award activity of the East Bay Regional Park District (the District) under programs of the federal government for the year ended December, 31, 2017. The information in the Schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedule presents only a selected portion of the operations of the District, it is not intended to and does not present the financial position, changes in net position, or cash flows of the District.

NOTE 2 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Expenditures reported on the Schedule are reported on the modified accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement.

NOTE 3 – CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA) NUMBERS

The CFDA numbers included in this report were determined based on the program name, review of grant contract information, and the General Services Administration office’s Catalog of Federal Domestic Assistance.

NOTE 4 - PASS-THROUGH ENTITIES’ IDENTIFYING NUMBER

When federal awards were received from a pass-through entity, the shows, if available, the identifying number assigned by the pass-through entity. When no identifying number is shown, the District has determined that no identifying number is assigned for the program or the District was unable to obtain an identifying number from the pass-through entity.

NOTE 5 - INDIRECT COST RATE

The District has not elected to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance.

8 88 EAST BAY REGIONAL PARK DISTRICT

SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED DECEMBER 31, 2017

I. SUMMARY OF AUDITORS’ RESULTS

FINANCIAL STATEMENTS Type of auditor's report issued on whether the financial statements were prepared in accordance with U.S. Generally Accepted Accounting Principles: Unmodified Internal control over financial reporting: Material weakness(es) identified? No Significant deficiency(ies) identified? None Reported Noncompliance material to financial statements noted? No

FEDERAL AWARDS Internal control over major federal programs: Material weakness(es) identified? No Significant deficiency(ies) identified? None Reported Type of auditor's report issued on compliance for major federal programs: Unmodified

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? Yes Identification of major federal programs:

CFDA Numbers Name of Federal Program or Cluster

20.205 / 20.219 Highway Planning and Construction Cluster

Dollar threshold used to distinguish between Type A and Type B programs: $ 750,000 Auditee qualified as low-risk auditee? Yes

9 89 EAST BAY REGIONAL PARK DISTRICT

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) FOR THE YEAR ENDED DECEMBER 31, 2017

II. FINANCIAL STATEMENT FINDINGS

None reported.

10 90 EAST BAY REGIONAL PARK DISTRICT

SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) FOR THE YEAR ENDED December 31, 2017

III. FEDERAL AWARDS FINDINGS AND QUESTIONED COSTS

Finding 2017-001

Program: Highway Planning and Construction Cluster CFDA No.: 20.205 / 20.219 Federal Agency: U.S. Department of Transportation Passed-through: California Department of Recreation, California Department of Transportation, Metropolitan Transportation Commission Award Year: 2017 Compliance Requirement: Allowable Costs/Cost Principles, Cash Management

Criteria:

Title 2 CFR Section 200.302(b)(6) and (7) of the Uniform Guidance requires all non-Federal entities to establish written procedures to implement the requirements of 2 CFR section 200.305 (Payment) and for determining the allowability of costs in accordance with Subpart E – Cost Principles and the terms and conditions of the Federal award.

Condition:

Instance of Non-Compliance – The District did not establish written procedures to implement the cash management requirements of 2 CFR Section 200.305 or requirements for determining allowability of costs in accordance with Subpart E – Cost Principles or the terms and conditions of the Federal award.

Questioned Costs:

No questioned costs were identified as a result of our procedures.

Context:

The condition noted above was identified during our procedures related to cash management and allowable costs for the Highway Planning and Construction program. The District has subsequently established the written procedures to implement the cash management requirements of 2 CFR Section 200.305 and requirements for determining allowability of costs in accordance with Subpart E – Cost Principles.

Effect:

The District did not comply with the specific requirements for written procedures over cash management and allowable costs as described in the Uniform Guidance.

Cause:

The District procedures did not ensure the required written procedures were developed and implemented in accordance with the Uniform Guidance.

Recommendation:

We recommend the District review its policies and formalize written procedures related to cash management requirements within 2 CFR Section 200.305 and allowable costs in accordance with Subpart E – Cost Principles.

Views of Responsible Officials and Planned Corrective Actions:

See separate corrective action plan. 11 91 EAST BAY REGIONAL PARK DISTRICT

SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS FOR THE YEAR ENDED DECEMBER 31, 2017

None reported.

12 92 EAST BAY REGIONAL PARK DISTRICT

Independent Accountants' Report on Applying Agreed-Upon Procedures Related To The Article XIII-B Appropriations Limit Calculation

For the Year Ended December 31, 2018

93 INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED-UPON PROCEDURES RELATED TO THE ARTICLE XIII-B APPROPRIATIONS LIMIT CALCULATION

To the Board of Directors East Bay Regional Park District Oakland, California

We have performed the procedures enumerated below, which were agreed to by the East Bay Regional Park District(District) (the specified party), to the Appropriations Limit Calculation of the District, prepared in accordance with Section 1.5 of Article XIII-B of the California Constitution, for the fiscal year ended December 31, 2018. The District’s management is responsible for the Appropriations Limit calculation. The sufficiency of the procedures is solely the responsibility of the District. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

The procedures and associated findings are as follows:

1. We obtained the completed worksheets setting forth the calculations necessary to establish the District's appropriations limit and compared the 2018 limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of District’s Board of Directors. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of District’s Board of Directors.

Finding: No exceptions were found as a result of this procedure.

2. We added last year’s limit to the annual adjustment amount, and compared the resulting amount to the 2018 appropriations limit.

Finding: No exceptions were found as a result of this procedure.

3. We compared the current year information to the worksheets described in No. 1 above and to information provided by the California State Department of Finance.

Finding: No exceptions were found as a result of this procedure.

4. We agreed the prior year appropriations limit to the prior year appropriations limit adopted by District’s Board of Directors.

Finding: No exception were found as a result of our procedures.

1 94 5000 Hopyard Rd., Suite 335, Pleasanton, CA 94588 P 925.734.6600 F 925.734.6611 W vtdcpa.com This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Appropriations Limit Calculation prepared by the District. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriation limit for the base year, as defined by Article XIII-B of the California Constitution.

This report is intended solely for the information and use of the Board of Directors and management of the District and is not intended to be and should not be used by anyone other than those specified parties.

Pleasanton, California June 27, 2018

2 95 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Authorization to Award a Contract to Gordon N. Ball, Inc. and Approve a Contingency for Construction of Albany Beach Restoration and Public Access Project Phases II and III, Execute a Professional Services Contract with Anchor CM, Amend the Professional Services Contract with Questa Engineering Corporation, and Transfer and Appropriate Funds: McLaughlin Eastshore State Park (Barton/Nisbet)

RECOMMENDATION

The General Manager recommends the Board of Directors take the following actions:

1. Authorize the award of a contract in the amount of $10,430,957 to Gordon N. Ball, Inc., Alamo, California, the lowest responsive responsible bidder, for the Albany Beach Restoration and Public Access Project – Phases II and III, and approve a construction contingency in the amount of $1,043,096 (10% of construction contract); and

2. Authorize a professional services contract with Anchor CM, Lafayette, California, in the amount of $497,670 for construction management services; and

3. Approve an amendment to the professional services contract with Questa Engineering Corporation, Point Richmond, California, in the amount of $62,000 for design and engineering support during construction; and

4. Appropriate $6,465,183 from the sources identified below to the Albany Beach Restoration and Public Access Project Phases II and III.

REVENUE/COST

Staff has secured $7 million in grant funding for this project. East Bay Regional Park District (Park District) funds have been allocated to the project accounts on an as needed basis up to this point. Phase 1 (Albany Neck Improvements) was completed in 2015. The total project cost for the final two phases of work is $13,551,257. Approximately $6.4 million must be appropriated to the project to fully fund it. A recommended funding plan is provided in the tables below.

96 Albany Beach Restoration and Public Access Project Funding

Current Funding Sources

Grants

Amount CA Coastal Conservancy-Various $ 1,711,173 USFWS-Cosco Busan 1,300,000 ACTC-Measure B (Trail) 1,000,000 CA Coastal Conservancy-Priority Conservation Area 750,000 CA Natural Resources Agency-Urban Greening 750,000 ACTC-Measure B (Beach Trail) 642,000 CA Coastal Conservancy-Prop 1 Water Bond 520,000 ABAG – Bay Trail 100,000 Bay Area Air Quality Management District 246,552 GRANT FUNDING TOTAL $ 7,019,725

District Funds Amount Measure WW $ 3,092,684 Measure CC 769,645 Other District Funds (Resource Enhancement Program and General Fund) 191,913 DISTRICT FUNDING TOTAL $ 4,054,242 TOTAL FUNDING TO DATE (Grants + District Funds) $ 11,073,967

Proposed Funding Sources

SOURCE OF FUNDS Total Funding to Date (Projects 148600 and 571500) $ 11,073,967 Expenditures and Encumbrances to Date ($3,953,432 spent on pre-development costs and Phase 1 construction, and $1,221,699 on Phases II and III soft costs) (5,209,592) AVAILABLE BALANCE $ 5,864,375

AMOUNT REQUIRED TO FULLY FUND PROJECT $ 12,329,558 ADDITIONAL FUNDING NEEDED $ 6,465,183

97 PROPOSED APPROPRIATIONS: WW Eastshore State Park $ 1,167,175 WW Contingency 1,000,000 WW Bay Water Trail 1,703,057 WW Bay Trail 1,067,915 CC Contingency (CC Line RF4) 719,296 CC Eastshore State Park (Line 8) 374,043 AA West Metro 158,758 Project #148000 (WW Bay Trail Savings) 274,939 TOTAL TRANSFER TO PROJECT #148600 $ 6,465,183

TOTAL BALANCE AFTER TRANSFER $ 12,329,558

USE OF FUNDS Construction Contract $ 10,430,957 Other Costs (contingency, staff time, construction management, design/engineering consulting, environmental monitoring and reporting) 1,898,600 BALANCE REMAINING $ 0

BACKGROUND

The project will implement public access and habitat restoration improvements identified in the McLaughlin Eastshore State Park General Plan, a site-specific feasibility study, and the Environmental Impact Report for Albany Beach and the between Gilman Street and Buchanan Street.

Albany Beach area features of this project include:

 Accessibility. Improving disabled access.  Green Infrastructure. Preventing polluted urban runoff from entering San Francisco Bay through “rain garden” drainage features; Replacing asphalt (64% reduction) with natural landscaping and expanding dune area; Adding drought tolerant landscaping to eliminate need for permanent irrigation.  Climate Change. Addressing beach erosion and prolonging life of the sandy beach and dunes; Addressing existing flooding at the park entrance; Constructing parking, dunes, and site furnishings to withstand 2050 sea level rise projections.  Habitat Restoration. Restoring and expanding dunes and seasonal wetlands (about one acre); Establishing native dune and wetland plants; Providing interpretive and educational opportunities to interpret natural resources.  Visitor Facilities. Constructing restrooms, picnic tables, seating, environmental education panels, bike racks, and overlook.  Parking. Providing a 20-car lot with non-motorized watercraft drop-off.

The project will construct a nearly one-mile segment of the San Francisco Bay Trail between Gilman Street and Buchanan Street. The trail will maintain a 12-foot width over Fleming Point by way of retaining walls and a bridge structure crossing the cliff face. Two overlook/rest areas

98 accessible from the trail will be installed on the north and south sides of Fleming Point. This segment of trail will feature a 35-foot rise over San Francisco Bay offering panoramic views of the and the San Francisco skyline. It will also serve one of the most densely populated areas along the San Francisco Bay Trail, and provide a critical north-south trail link within McLaughlin Eastshore State Park.

The Park District advertised the construction contract on March 7, 2018, with bids due April 19, 2018. The project was advertised in 13 plan rooms, in addition to advertising in the Daily Pacific Builder and on BPXpress. The Park District conducted an independent constructability review, had a well-attended pre-bid conference, and 18 companies obtained bid packages. One bid was submitted from Gordon N. Ball, Inc. in the amount of $10,045,169. This bid was approximately $1.5 million over the engineer’s estimate of $8.5 million. Staff believes the most likely reasons for not receiving more bids and the low-bid overage from the engineer's estimate is primarily due to market conditions and the relatively small but complex construction required to bring the trail across the cliff face of Fleming Point.

Circumstances for construction access at property have changed since contract documents were issued for bid. All work must now occur entirely within the trail easement. Contractor access to work areas will not be permitted from Golden Gate Fields property outside of the easement area. Gordon N. Ball has adjusted its bid to accommodate this changed circumstance, resulting in a $385,788 increase in the original bid amount and approximately three to six additional months to complete the project. The new adjusted contract amount with this change will be $10,430,957. Staff has thoroughly reviewed this change, along with the bid, and recommends accepting it and moving forward with construction to avoid further cost escalation and delays.

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

NAME OF BIDDER TOTAL BASE BID Gordon N. Ball, Inc. $10,045,169* DISTRICT ESTIMATE: $8,500,000 *Not including $385,788 surcharged for restricted construction access (To be processed by change order upon execution of the contract)

Anchor CM and Questa Engineering are currently providing professional services to the District for the project. Each has submitted a cost proposal to provide professional services during construction. Anchor CM is currently a sub-contractor to Questa for the Project. Contracting directly with Anchor CM will give the Park District full control and oversight of the project during construction. Anchor CM’s proposed fee is $497,670. Questa Engineering, the engineer/designer of record and design/development team lead, has proposed a fee of $62,000 to provide design and engineering support during construction. Staff has reviewed the proposals and recommends awarding the Anchor CM construction management contract and approving the Questa contract amendment.

99 CALIFORNIA ENVIRONMENTAL QUALITY ACT

This action is within the scope of the Environmental Impact Report (EIR) and Supplemental EIR (SEIR) prepared for the Albany Beach Restoration and Public Access Project, and is proposed to be constructed consistent with the mitigation measures identified in the EIR and SEIR. As indicated in California Environmental Quality Act findings, adopted by the Board of Directors on November 20, 2012, and June 2, 2015, by Board Resolution Nos. 2012-11-285 and 2015-06-156, potentially significant impacts identified for the project can be mitigated to a less than significant level.

ALTERNATIVES

Reject the bid from Gordon N. Ball and rebid at a later date (not recommended).

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101 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 -

July 3, 2018

AUTHORIZATION TO AWARD A CONTRACT TO GORDON N. BALL, INC. AND APPROVE A CONTINGENCY FOR CONSTRUCTION OF ALBANY BEACH RESTORATION AND PUBLIC ACCESS PROJECT PHASES II AND III, EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ANCHOR CM, AMEND THE PROFESSIONAL SERVICES CONTRACT WITH QUESTA ENGINEERING CORPORATION, AND TRANSFER AND APPROPRIATE FUNDS: MCLAUGHLIN EASTSHORE STATE PARK

WHEREAS, an operating agreement with the California Department of Parks and Recreation establishes the East Bay Regional Park District’s (Park District) partnership with the State for the design and development of McLaughlin Eastshore State Park, according to the adopted Eastshore State Park General Plan; and

WHEREAS, the Eastshore State Park General Plan sets forth guidelines for habitat restoration and public access improvements at Albany Beach; and

WHEREAS, on July 17, 2017, the California Department of Parks and Recreation issued a letter to the Park District concurring with the design of the project and supporting implementation; and

WHEREAS, the project is within the scope of the Environmental Impact Report (EIR) and Supplemental EIR (SEIR) prepared for the Albany Beach Restoration and Public Access Project and is proposed to be constructed consistent with the mitigation measures identified in the EIR and SEIR; and

WHEREAS, no change has occurred with respect to circumstances surrounding the proposed project that would cause new or substantially more severe significant environmental effects than were identified in the 2012 EIR and 2015 SEIR; and

WHEREAS, no new information has become available that shows that the project would cause new or substantially more severe significant environmental effects which have not already been analyzed in the EIR and SEIR; and

WHEREAS, potentially significant impacts identified for the project can be mitigated to a less than significant level, as indicated in California Environmental Quality Act findings, adopted by the Board of Directors on November 20, 2012 and June 2, 2015, by Resolution Nos. 2012- 11-285 and 2015-06-156; and

102 WHEREAS, the Park District advertised for bids for Albany Beach Restoration and Public Access Improvements – Phases II and III and received one (1) bid by the April 19,2018, due date; and

WHEREAS, Gordon N. Ball, Inc., Alamo, California, the lowest responsive responsible bidder, submitted a bid in the amount of $10,045,169; and

WHEREAS, the Park District recognizes the most likely reasons for not receiving more bids and the low-bid overage from the engineer's estimate is primarily due to market conditions and the relatively small but complex construction required to bring the trail across the cliff face of Fleming Point; and

WHEREAS, circumstances for construction access at Golden Gate Fields property have changed since contract documents were issued for bid requiring that all work occur entirely within the trail easement; Gordon N. Ball has adjusted its bid to accommodate this changed circumstance resulting in a $385,788 increase in the original bid amount and approximately 3 to 6 additional months to complete the project - the new contract amount including this change is $10,430,957; and

WHEREAS, it is in the Park District’s interest to accept the bid from Gordon N. Ball Inc., and proceed with the project to avoid further cost escalation and delays;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto, which will appropriate a total of $6,465,183 to the Build Golden Gate Trail Project (#148600) from the following sources: $1,167,175 from Measure WW Funds - Eastshore State Park Acquisition (WX29); $1,000,000 from Measure WW Contingency Funds; $1,163,057 from Measure WW Funds - Bay Water Trail Acquisition (WP07); $540,000 from Measure WW Funds – Bay Water Trail Development (WP07); $1,067,915 from Measure WW Funds – Bay Trail Acquisition (WP06); $719,296 from Measure CC Contingency (Line RF4); $180,752.45 from Measure CC Eastshore State Park (Line 8) and transfer $193,290.55 from project (514001MCCT); $158,758 from Measure AA West Metro (BAAA); and $274,939 from Measure WW Bay Trail savings in the Restore Dotson Marsh Project (#148000); and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the award of a contract to Gordon N. Ball, Inc., Alamo, California, in the amount of $10,430,957 with a construction contingency of $1,043,096, to be funded out of Project #148600; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District approves entering into a professional services contract in the amount of $497,670 to Anchor CM, Lafayette, California, for construction management services, to be paid out of Project #148600; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District approves an amendment to the existing professional services contract with Questa

103 Engineering Corporation in the amount of $62,000 for design and engineering support; and

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

Moved by Director , and seconded by Director , and adopted this 3rd day of July, 2018, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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105 McLaughlin Eastshore State Park Albany Beach Restoration and Public Access Project Phases II & III

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107 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund X Between Fund Sources X From New Revenues X Between Projects

DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Account Name: Expense: Capital-Trails- Environmental-Pt Pinole-Construction in Eastshore-Construction in Progress- Progress-Dotson Family Marsh-Measure Golden Gate Fields Trail-Measure WW WW Bay Trail Allocation Area Eastshore State Park Allocation Area Development Funds Acquisition Funds

Account: 333-6340-496-7020 / Account: 333-6340-423-7020 / 148000WP06-Multi $ 274,939 148600WX29-Multi $ 1,167,175 Account Name: Expense: Capital-Trails- Account Name: Expense: Capital-Trails- Eastshore-Serve Trail System-Golden Eastshore-Construction in Progress- Gate Fields Trail-Measure CC Line 8 Golden Gate Fields Trail-Measure WW Contingency Allocation Area Development Funds Account: 336-8210-423-4XXX / 514001 Account: 333-6340-423-7020 / MCCT-Multi $ 193,290.55 148600WP68-Multi $ 1,000,000 Account Name: Expense: Capital-Trails- Eastshore-Construction in Progress- Golden Gate Fields Trail-Measure WW Bay Water Trail Allocation Area Development Funds Account: 333-6340-423-7020 / 148600WP07-009 $ 540,000 Account Name: Expense: Capital-Trails- Eastshore-Construction in Progress- Golden Gate Fields Trail-Measure WW Bay Water Trail Allocation Area Acquisition Funds Account: 333-6340-423-7020 / 148600WX07-009 $ 1,163,057 Account Name: Expense: Capital-Trails- Eastshore-Construction in Progress- Golden Gate Fields Trail-Measure WW Bay Trail Allocation Area Acquisition Funds Account: 333-6340-423-7020 / 148600WP06-009 $ 1,067,915

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108 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

Account: 333-6340-423-7020 / 148600 MCCT-Multi $ 374,043 Account Name: Expense: Capital-Trails- Eastshore-Construction in Progress- Golden Gate Fields Trail-Measure CC, Line RF4 and Contingency Account: 333-6340-423-7020 / 148600 MCCT-Multi $ 719,296 Account Name: Expense: Capital-Trails- Eastshore-Construction in Progress- Golden Gate Fields Trail-Measure AA West Metro Allocation Area Development Funds

Account: 333-6340-423-7020 / 148600 BAAA-009 $ 158,758 Account Name: Expense: Capital-Trails- Eastshore-Construction in Progress- Golden Gate Fields Trail-Measure WW Bay Trail Allocation Area Development Funds Account: 333-6340-423-7020 / 148600 WP06-009 $ 274,939 Transfer Between Funds Account Name: Expense: Other Than Account Name: Expense: Capital Fund- Asset Fund-Non Departmental-District Non Departmental-District Wide- Wide-Transfer Out Transfer In

Account: 336-9110-000-3980 $ 193,290.55 Account: 333-9110-000-3980 $ 193,290.55 Transfer Between Funds

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109 Account Name: Expense: Other Than Account Name: Expense: Capital Fund- Asset Fund-Non Departmental-District Non Departmental-District Wide- Wide-Transfer Out Transfer In

Account: 226-9110-000-3980 $ 900,048 Account: 333-9110-000-3980 $ 900,049 REASON FOR BUDGET CHANGE ENTRY:

As being presented at the Board of Directors meeting on July 3, 2018 the General Manager recommends that the Board of Directors authorize the appropriation of $1,000,000 from Measure WW Acquisition Funds - Eastshore State Park Allocation Area (WX29); $1,000,000 from Measure WW Contingency Funds; $540,000 from Measure WW Development Funds - Bay Water Trail (WP07); $1,000,000 Measure WW Acquisition Funds – Bay Water Trail (WX07); $939,319 from Measure WW Acquisition Funds – Bay Trail (WP06); $719,296 from Measure CC Contingency (Line RF4); $193,290 from Measure CC Eastshore State Park (514001); $180,753 from Measure CC Eastshore State Park (Line 8); $158,758 from Measure AA West Metro Development; and $274,939 from Project #148000 WW Bay Trail project savings for a total amount of $6,006,355, and appropriate these funds to Project #148600 (Build Golden Gate Trail);

Board of Directors Resolution Number: 2018-07- Posted By: Date: 7/3/2018 Signature

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111 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

b. Authorization to Execute a Contract with Hanford Applied Restoration and Conservation for Construction Services and Amend a Contract with Nichols Consulting Engineers for Construction Support to Excavate a Sediment Basin and Restore Three Interpretive Ponds and Transfer and Appropriate Measure CC and Measure WW Funds; Accept and Appropriate Funds from the Regional Parks Foundation for Tilden Nature Area: Tilden Regional Park (Graul/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1) Authorize the transfer of $114,058 in Measure CC funds from the Watershed Study Project, adjust and appropriate $304,342 from Measure WW Urban Creeks Acquisition Allocation to Development to the Remove Debris and Silt Project; and 2) Accept and appropriate $100,000 donation from the Regional Parks Foundation to the Project; and 3) Authorize execution of a contract with Hanford Applied Restoration and Conservation (Hanford ARC) for construction services for an amount not to exceed $791,100 for excavation of a sediment basin and restoration of three interpretive ponds in Tilden Nature Area; and 4) Authorize an amendment to the current contract with Nichols Consulting Engineers (NCE) for construction support in an amount not to exceed $233,558.

REVENUE/COST

This action adds $518,400 to the Remove Debris and Silt project budget (#572200) in order to fund the excavation of the sediment basin and restore three interpretive ponds near Lake Jewel as noted below for a total project budget of $1,515,295.

112 SOURCE OF FUNDS Remove Debris and Silt Project (#572200) $ 996,895 Expenditures and Encumbrances to Date (337,859) Transfer Measure CC Funds (Line 50) from Watershed Study 114,058 Project (#551200) Accept Regional Parks Foundation (Donation from Valley Foundation) (GLP1)* 100,000 Appropriation of Measure WW Urban Creeks Development Funds (WP63) (Adjusted from Urban Creeks Acquisition Allocation Area Funds) 304,342 AVAILABLE BALANCE $1,177,436

USE OF FUNDS Contract with Hanford ARC for construction $791,100 Contract with NCE for design and permitting 292,895 Other projects costs including staff time and contingency 152,778 TOTAL USES $1,177,436

* The Regional Parks Foundation received a gift of $1,000,000 from the Wayne and Gladys Valley Foundation for five (5) environmental education capital projects, and they have allocated $100,000 toward the construction of the Tilden Interpretive Trail and Pond Restoration Project.

BACKGROUND

The sediment basin in Tilden Nature Area is one of several basins that are used to trap sediment before it reaches Jewel Lake. It was last dredged in 2009, and since then, has reached full capacity and is no longer functioning properly. Due to the amount of sediment that needs to be removed and the presence of California red-legged frogs, a federally protected species, project-specific regulatory permits had to be obtained.

The three ponds in Tilden Nature Area were constructed to enhance wildlife habitat while providing educational opportunities for the public. The restoration of the ponds will create habitat for California red-legged frogs, which have been observed in this area, and a variety of other wildlife that utilize open water habitat. In addition, a new trail and viewing deck will be installed to provide an “outdoor classroom,” which the East Bay Regional Park District’s (Park District) Interpretive staff can utilize for educational programs.

The Park District posted a public notice to bid for construction services on April 2, 2018. No formal bids were received by the closing date of the bid period on April 25, 2018. Therefore, the Park District invited Hanford ARC to submit a formal bid by May 29, 2018. The Park District accepted the bid from Hanford ARC with a fee of $791,100.

The Board authorized the award of a contract to NCE in the amount of $186,895 on February 2, 2016, via Resolution No. 2016-02-024, for design and environmental documentation pursuant to the California Environmental Quality Act. As the design for this project progressed, the Board approved two amendments to the contract, which totaled $106,000, as it was determined the project would be more efficiently completed by a licensed contractor (the Park District had

113 originally assumed in-house construction and NCE was not asked to produce full biddable designs). The current amendment will allow NCE to provide support during all phases of construction, and ensure the Park District and contractor are complying with the mitigation measures as required by the permits issued for this project. Tasks include, but are not limited to: leading weekly coordination meetings; site visits and reporting; daily biological monitoring; five-year vegetation monitoring; and providing all training, inspections, and reporting for the Storm Water Pollution Prevention Plan.

ALTERNATIVES

No alternatives are recommended.

114 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2018 – 007 –

July 3, 2018

AUTHORIZATION TO EXECUTE A CONTRACT WITH HANFORD APPLIED RESTORATION AND CONSERVATION FOR CONSTRUCTION SERVICES AND AMEND A CONTRACT WITH NICHOLS CONSULTING ENGINEERS FOR CONSTRUCTION SUPPORT TO EXCAVATE A SEDIMENT BASIN AND RESTORE THREE INTERPRETIVE PONDS AND TRANSFER AND APPROPRIATE MEASURE CC AND MEASURE WW FUNDS; ACCEPT AND APPROPRIATE FUNDS FROM THE REGIONAL PARKS FOUNDATION FOR TILDEN NATURE AREA: TILDEN REGIONAL PARK

WHEREAS, the East Bay Regional Park District (Park District) desires to excavate a sediment basin and restore three interpretive ponds in Tilden Nature Area; and

WHEREAS, the Park District advertised for bids for construction services to excavate a sediment basin and restore three interpretive ponds in Tilden Nature Area on April 2, 2018; and

WHEREAS, no bids were received by the deadline of April 25, 2018; and

WHEREAS, the Park District subsequently invited Hanford Applied Restoration and Conservation (Hanford ARC) to submit a formal bid; and

WHEREAS, Hanford ARC submitted a fully responsive bid to the Park District with a fee of $791,100; and

WHEREAS, by Resolution No. 2016-02-024, adopted February 2, 2016, the Board of Directors authorized a contract for services in the amount of $186,895 with Nichols Consulting Engineers (NCE) for design and environmental services for sediment basin excavation and pond restoration at Tilden Nature Area; and

WHEREAS, by Resolution No. 2017-01-004, adopted January I0, 2017, the Board authorized an amendment to the contract with NCE in the amount of $50,000 to complete the pond restoration portion of the project in order to seek public construction bids; and

WHEREAS, the Board authorized an additional amendment to the agreement with NCE in the amount of $56,000 via Resolution No. 2017 – I0 - 294 on October 17, 2017, for production of full biddable designs; and

WHEREAS, the Park District requires construction and post-construction monitoring and reporting to be completed by NCE, which necessitates an additional amendment to the agreement for $233,558, bringing the total contract amount to $526,453; and

115 WHEREAS, the Regional Parks Foundation received a gift of $1,000,000 from the Wayne and Gladys Valley Foundation for five (5) environmental education capital projects, and they have allocated $100,000 toward the construction of the Tilden Interpretive Trail and Pond Restoration Project; and

WHEREAS, funds are available for transfer, adjustment, and appropriation to the Remove Debris and Silt Project (#572200) to fund the proposed actions.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer of $114,058 in Measure CC funds (Line #50) from the Watershed Study Project (#551200), the adjustment and appropriation of $304,342 from WW Urban Creeks Development Funds (adjusted from Acquisition funds) (WP63), and the acceptance and appropriation of $100,000 from the Regional Parks Foundation (GLP1) to the Remove Debris and Silt Project (#572200), per the Budget Change Form attached hereto; and

BE IT FURTHER RESOLVED, that the Board of Directors authorize the award of a contract to Hanford Applied Restoration and Conservation for construction services for a cost of up to $791,100; and

BE IT FURTHER RESOLVED, that the Board of Directors authorize an amendment to the existing contract with Nichols Consulting Engineers to include construction support services for a fee of up to $233,558; and

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

Moved by Director , seconded by Director , and adopted this 3rd day of July, 2018, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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117 Interpretive Pond Restoration and Sediment Basin Dredging Project Tilden Nature Area Contra Costa County, California Acquisition, Stewardship and Development Division June 18, 2018

EXISTING TRAILS

J e w SEDIMENT BASIN DREDGING e l

C PROJECT

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e J e e w PROJECT AREA k e TILDEN l T L r a a k INTERPRETIVE POND i e NATURE AREA l T rai RESTORATION PROJECT l TRAIL L oop R oa CHANNEL d AMPHITHEATER VIEWING DECK WOODEN FOOTBRIDGE

Jewel Lake Trail POND

W Feet i ld 0 50 100 150 c [ a t C r eek

T r a INTERPRETIVE il Je w POND RESTORATION e l PROJECT Cr ee k T ra il il ra T e k a L l e w e J d a o R e ic rv Se il ra T n o y n a C Laurel

W i ld c a ENVIRONMENTAL t EL C EDUCATION SOBRANTE r ee CENTER SOBRANTE m U k r NORTH RIDGE a ROLLINGWOODp T F RICHMOND RICHMOND p r ai le S A N P A B L O e S A N P A B L O tt r L l i o L P w e LITTLE EASTa KENNEDY r c P RICHMOND RICHMOND a FARM HEIGHTSk GROVE ck r rat a T WILDCAT r t a CANYON i T l r a MILLER/ E L Ci E R R I T O ¨¦§580 E L Cl E R R I T O TILDEN KNOX NATURE

KENSINGTON AREA PT. ISABEL SEDIMENT BASIN BROOKS TILDEN ALBANY DREDGING PROJECT ISLAND

80 ¨¦§ BERKELEY

Miles CLAREMONT CANYON U 0 0.5 1 2 EASTSHORE pp STATE PARK er Pa ck r DISCLAIMER: Boundary and property lines shown on this map do not a t C represent a boundary or property line survey. The East Bay Regional Park Tr e ail n District makes no representation as to the accuracy of said property lines (or t r ral D any other lines), and no liability is assumed by reason of reliance thereon. Park Use of this map for other than its intended purpose requires the written consent of EBRPD. 118 O:\GIS\CMcKaskey\Projects_2017\ASD\Grants\TI_Grant\TI_BrdMap.mxd 10/5/2017 Page Left Blank Intentionally

119 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X From New Revenues X Between Allocation Area Types X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Expense: OTA Fund- Stewardship-Wildcat Canyon/Alvarado- Stewardship-Tilden-Services/Remove Services/Study Watershed Sediment Debris and Silt Project-Measure CC Project-Measure CC Line# 50 - Line# 50 -Contracted Services Contracted Services

Account: 336-7420-178-6191/ 551200 Account: 336-7420-105-6191 / 572200 MCCT-009 $ 114,057.58 MCCT-009 $ 114,057.58 Account Name: Expense: OTA Fund- Stewardship-Tilden-Services/Remove Debris and Silt Project-Measure WW- Urban Creeks Allocation Area - Contracted Services

Account: 336-7420-105-6191 / 572200 WP63-009 $ 304,342.00 Account Name: Expense: OTA Fund- Stewardship-Tilden-Services/Remove Debris and Silt Project-Regional Parks Foundation -Contracted Services

Account: 336-7420-105-6191 / 572200 GLP1-009 $ 100,000.00 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 3, 2018 the General Manager recommends that the Board of Directors authorize the transfer of the remianing $114,057.58 Measure CC funds from Wildcat Canyon Regional Park Project #551200 – Study Watershed Sediment to Tilden Regional Park Project #572200 – Remove Debris and Silt, and appropriate another $304,342 Measure WW funds from the Urban Creeks Allocation Area (after moving from Acquisiton to Development side), to facilitate the execution of several contracts. The action also seeks to accept and appropriate $100,000 from the Regional Parks Foundation As approved at the Board of Directors Meeting on date: 7/3/2018 Board of Directors Resolution Number: 8-07-6-02 Posted By: Posted date: Signature:

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120 BOARD AND STAFF REPORTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

4. BOARD AND STAFF REPORTS

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

California Department of Transportation – SR 84 Expressway Widening EIR

On June 4, 2018, the California Department of Transportation, in cooperation with Alameda County Transportation Commission, released the Final Environmental Impact Report for the State Route 84 (SR 84) Expressway Widening and SR 84/Interstate 680 (I-680) Interchange Improvements Project. The proposed project is located east of Pleasanton Ridge Regional Park in southern Alameda County, and in the 2013 Master Plan, the Park District identified a Class I regional trail connection through the SR 84 corridor from Pleasanton Ridge to Shadow Cliffs Regional Park. The purpose of the proposed project is to alleviate traffic congestion, improve operations and safety, and improve bicycle access on SR 84 and at the SR 84/I-680 interchange. The project proposes to widen and conform SR 84 to expressway standards between south of Ruby Hill Drive and the I-680 interchange. The project also proposes to build two additional traffic lanes - one in each direction, Class II bicycle lanes in each direction, and a Class I trail to navigate the SR 84/I-680 interchange.

City of Fremont – Morrison Canyon Road Traffic Safety Project

On June 19, 2018, the Fremont City Council unanimously voted to direct staff to develop a plan to close the middle section of Morrison Canyon Road to vehicular traffic and retain the road for emergency access, as well as non-motorized recreational uses. Morrison Canyon Road is a narrow one-lane road that has historically provided access to rural hillside properties in the Morrison Canyon and Vargas Road areas. Over the years, Morrison Canyon Road has experienced increased commuter traffic which has raised traffic safety concerns. One of the Park District’s newest parks, Vargas Plateau Regional Park, is located at the top of Morrison Canyon Road. The City will undertake environmental review and a public hearing before the road is closed permanently to vehicular traffic, which may happen as early as Summer, 2018. In 2012, the Park District entered into a settlement agreement related to opening Vargas Plateau Regional Park. Under the terms of that settlement agreement, additional improvements to Vargas Road may be required should the City of Fremont close Morrison Canyon Road. The Park District and City of Fremont staff will consult about the impacts of this proposed closure.

121 City of Richmond – Point Molate Land Use Visioning Process

On June 19, 2018, the Richmond City Council unanimously voted to direct staff to amend the timeline and scope of the Point Molate Land Use Visioning process to allow for comprehensive outreach and meaningful community participation. Previously in 2017, the City Council directed staff to seek input from key stakeholders and the Planning Commission in preparing a proposal for a public input process on the Land Use Designations for Point Molate under the 2030 General Plan. Various commercial projects have been proposed for the property including a casino. Prior to the property being transferred to the City of Richmond, it was not under municipal jurisdiction and not included in the City’s general plan. In 2012, when the 2030 General Plan was approved, a provision was included that the Point Molate Land Use Designation process be open to public review. The Park District has identified Point Molate as the site of a potential future regional park, and is currently working to build a San Francisco Bay Trail extension along the Point Molate shoreline.

122 Event Calendar July 2018 Board Meeting Date: July 3, 2018

Date Day Time Event Location Sponsoring Organization Independence Day 7/4/18 Wednesday 10 a.m. – 4 p.m. Celebration Ardenwood EBRPD

7/4/18 Wednesday 9:30 a.m. – 1 p.m. Alameda 4th of July Parade Crown Beach EBRPD

th 123 7/4/18 Wednesday 2 – 4:30 p.m. 4 of July Open House Crab Cove EBRPD

7/7/18 Saturday 9 a.m. – 3 p.m. Catch of the Day! Big Break EBRPD 7/7/18 Saturday 12:30 – 1:30 p.m. 7/15/18 Sunday 2 – 2:30 p.m. Victorian Tabletop Games Ardenwood EBRPD Summer Sunday Morning 7/8/18 Sunday 7 – 10 a.m. Paddle MLK Shoreline EBRPD

7/13/18 Friday 5:30 – 7:30 p.m. Concerts at the Cove Crown Beach EBRPD

7/15/18 Sunday 2 – 3 p.m. National Ice Cream Day Del Valle EBRPD GM COMMENTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

5. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Park District Police Detective Bill Granados will provide an update on the auto burglary research project.

GM COMMENTS OPERATIONS DIVISION Interpretive and Recreation Services Department Community Outreach On May 29, staff contracted with Youth Outside to continue Authentic Engagement and Cultural Sensitivity training. Youth Outside will perform nine program and site visits to review staff delivery regarding inclusivity and cultural sensitivity techniques and provide feedback.

Cultural Services On May 28, staff moderated a panel discussion with three Ohlone intern panelists, who were joined by four generations of their families, as part of the Coyote Hills 50th Anniversary event.

Northwest Region Coyote Hills: On June 3, over 2,750 people attended the annual Butterfly and Bird Festival. Nearly 675 participants joined staff for formal presentations, educational booths, live butterflies, crafts, and activities.

Crab Cove: On April 17, 19, and 20, in collaboration with the Save the Redwoods League, over 180 students from Oakland's Achieve Academy and Allendale Elementary School visited Crab Cove as the culmination of their Explore Your Watershed program.

Mobile Education: On May 31, staff participated in the Community Resources for Science Super Star Challenge at Martin Luther King, Jr. Elementary School in Oakland, serving a total of 422 youth.

Outdoor Recreation: On April 14, staff led the second session of the Cosco Busan Shoreline Outreach Grant program with Lincoln Child Center Kinship from Hayward. Fourteen youth participated in a swim and water safety lesson at Roberts Pool and salt-water fishing at Ferry Point Pier at Miller/Knox.

Tilden Nature Area: On May 31, the Tilden Junior Ranger youth program concluded the year with an annual dinner and awards ceremony for over 75 Junior Rangers and their families. One graduate said that the program was the "biggest influence of her life".

124 Southeast Region Ardenwood Historic Farm: On May 13, Ardenwood’s Mother’s Day Event was attended by 614 visitors. Staff also partnered with Palmdale Estates, hosting a sold-out brunch for 150 visitors with croquet, bocce ball, stilts, a flower crown craft, and old-fashioned ice cream making.

Big Break Visitor Center: In May, Big Break hosted meetings for the Department of Water Resources, Iron House Sanitary District, and the Water Education Foundation. These meetings served a total of 60 people.

Black Diamond: On May 17, staff participated in a panel discussion and led a campfire song at An Evening with Nature Bridge event in San Francisco. About 500 people attended the event, including United States Senator Kamala Harris and California Governor Gavin Newsom.

Community Services & Volunteers: On May 23, staff hosted the 26th Annual Volunteer Recognition Dinner at Cull Canyon. A total of 197 volunteers and their guests attended the event held in appreciation of their service provided to the District in 2017.

Sunol: On May 27 and 28, staff debuted the new Mobile Visitor Center II at the San Ramon Art and Wind Festival. Staff served 1,121 people over the two days. Phase one of the new exhibits were designed by the Creative Design Group.

Park Operations Department Interpretive Parkland Unit Las Trampas: On May 30, staff met with Janet Caprile, Farm Adviser and Pomology Specialist from the University of California Division of Agriculture and Natural Resources Cooperative Extension program, at the Borel acquisition in Danville to discuss future maintenance of the 17-acre walnut orchard.

Lakes Unit Alameda County Trails: In May, the Alternative Work Program staff completed the installation of a 32 foot two-rail fence, a 418 foot one-rail fence, and two entrance posts along East Vineyard at Vallecitos Road in Livermore.

Shadow Cliffs: On May 1, staff planted over two dozen one-gallon drought tolerant buckwheat plants along the entrance of the park and placed multiple one-ton boulders alongside Restroom Building #1 as part of the continuing effort to reduce water usage in the park.

Delta Unit Contra Costa Trails: On May 10, staff assisted with Share Our Trail events and Bike to Work Day. On May 19 and 31, a second and third Share Our Trail event were held on the Iron Horse Trail near Bollinger Canyon Road and on the Contra Costa Canal Trail near Boyd Road, respectively. Staff handed out snacks, water bottles and lip balm, installed 245 bike bells, and educated 400 people on safe trial etiquette.

Martinez Shoreline: In May, Girl Scout Troop #33570, Diablo Valley College students, community members, and staff spent 58 hours cleaning up hundreds of pounds of garbage from homeless encampments.

125 The Grand Opening of the Tri-Cities Horseman’s Association at the Martinez Shoreline Horse Arena was held on May 6. Rangers and many families were on hand for the occasion.

Recreation Areas Unit Alternative Work Program: In May, staff completed critical drainage improvements and trail-narrowing restoration work on an additional 640-feet of the popular Chown Trail at Redwood, bringing the total renovated area to 2,640 linear feet.

Diablo Foothills: On May 5, five volunteers from Pacific Gas & Electric worked with staff to weed the office garden.

Shoreline Unit Crown Beach: On May 7, staff met with Doug Biggs from Alameda Point Collaborative (APC) to discuss APC’s plans to utilize the northern parcel of the United States General Services Administration property into a senior respite center for the homeless.

Parkland Unit Tilden: During the week of May 14, staff worked to remove a large bloom of filamentous algae in the swim areas.

Maintenance and Skilled Trades Department North County Trades Contra Loma: Lifeguard Station changing rooms/restrooms were upgraded to include single-use restrooms and separated changing areas.

Painting was completed on the exterior of the Police substation and the storage container.

Tilden: Crews from North County Trades, Sanitation, and Roads and Trails completed installation of three new CXT vault restrooms at Lone Oak, Wildcat View, and New Woodland Group Camps. Water lines were installed to serve all three restrooms. A new ADA-compliant concrete pathway was installed at Lone Oak.

South County Trades Crown Beach: The Board Sports concession building was made fully accessible with a new ADA pathway and a new concrete patio.

Cull Canyon: A broken sewer line was replaced at the swim lagoon.

Pleasanton Ridge: The Garms staff office was updated with a new ADA bathroom which includes shower and laundry facilities.

Roads and Trails Anthony Chabot: A new CXT single unit vault restroom was installed at the day-use staging area on Marciel Road, in cooperation with Sanitation, Finance, and the South County Trades crew.

Crown Beach: Staff completed the annual sand moving project.

126 Sanitation and Recycling Anthony Chabot: Staff assisted the North County Trades crew to repair the wastewater pipelines at the campground.

Camp Arroyo: Sanitation staff worked with Water Utilities Maintenance staff to replace the pumps and control panel serving the Camp Arroyo septic system.

District-wide: Recycling staff helped organize a task force to discuss recycling collection techniques and container designs to be placed throughout the District, as part of a proposed new pilot program aimed at increasing the diversion rate of solid waste District-wide.

Sanitation staff worked with the Finance and Grants departments to install new CXT vault restrooms at Wildcat Canyon and Hayward Shoreline.

127 BOARD COMMITTEE REPORTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

7. BOARD COMMITTEE REPORTS

a. Board Executive Committee (6/7/2018) (Waespi)

Present

Board: Dennis Waespi, Ayn Wieskamp, Beverly Lane

Staff: Robert Doyle, Ana Alvarez, Becky Pheng, Juliana Schirmer, Sean Dougan, Suzanne Wilson, Jim O’Connor, Bob Nisbet, Glenn Gilchrist, Matt Graul, Lisa Goorjian, Debra Auker, Mimi Waluch, Carol Victor

Public: Kelly Abreu, Dave Worley

Board Executive Committee Chair Dennis Waespi called the meeting to order at 12:40 pm.

1. Renaming of the North Woods Loop Trail in Pleasanton Ridge to the Philip Scholz Memorial Trail

Sean Dougan, Regional Trails Manager, and Juliana Schirmer, Foundation Development Director, presented this agenda item. Mr. Dougan spoke about Philip Scholz, who passed away while trying to rescue a suicidal man on the Caltrain tracks in Santa Clara. His wife Emily Scholz created the Philip Scholz Memorial Foundation (Foundation) to raise funds to support communities and causes that were important to Philp who was an avid hiker of the regional parks. In 2016, the Foundation donated $80,000 to the Regional Parks Foundation towards the construction of a trail at Pleasanton Ridge. The trail project is estimated to cost $125,000. The Foundation will be holding a fundraiser in October 2018 to celebrate Philip’s birthday and to raise additional funds for the project. Trails Department staff and Regional Parks Foundation staff proposed renaming the North Woods Loop Trail, which is identified in the Pleasanton Ridge Land Use Plan, to the Philip Scholz Memorial Trail in honor of Philip. Renaming the trail does not conflict with the Park District’s naming policy.

Mr. Dougan showed a map of the park and proposed trail. General Manager Robert Doyle talked about the proposed Devany Canyon development and a future northern staging area. Staff will be negotiating a staging area with the developer. Director Beverly Lane asked if there is public access to Devany Canyon. Staff responded that currently there is no public access; that section

128 of Pleasanton Ridge is in landbank status. Director Ayn Wieskamp commented that this is a positive memorial and inquired about the status of permits for this project. Matt Graul, Chief of Stewardship, commented that staff is working on obtaining permits and anticipates construction to start fall of 2019. Director Dennis Waespi also commented that this was a fitting tribute to Philip Scholz. He asked if the name will be officially called Philip Scholz Memorial Trail or Philip Scholz Trail. Staff responded that they will research past practice and will also get feedback from the Park Advisory Committee before bringing the final recommendation to the full Board. Director Beverly Lane recommended that when this item is brought to the full Board for consideration, the resolution should clearly spell out what the name will be and how it should appear on brochures, maps, etc.

Recommendation: By motion of Director Ayn Wieskamp and seconded by Director Beverly Lane, the Board Executive Committee voted 3-0 to approve the renaming of the North Woods Loop Trail in Pleasanton Ridge to the Philip Scholz Memorial Trail and to forward a favorable recommendation to the full Board.

2. Bay Area Ridge Trail: Garin Regional Park to Niles Canyon

Suzanne Wilson, Senior Planner, presented this agenda item. Ms. Wilson gave an overview of the acquisition history, which started in 1996 with the purchase of the Gelderman property, DeLuchhi property (2000), and Louie property (2002). In 2014, the Park District recorded a recreational trail easement and emergency vehicle and maintenance access easement over property connecting Garin Regional Park to Vallejo Mills Park at the west end of Niles Canyon. Ms. Wilson talked about the project scope which consists of trail construction, retaining walls, trail gates, wayfinding signs, and at-grade crossing of the Niles Canyon Railway, which is owned by the Pacific Locomotive Association (PLA). The PLA operates the train 85-90 times per year, moving less than 25 mph. The Committee discussed having an overcrossing, undercrossing, and at-grade crossing, and railroad safety measures such as signage, fencing, and cross guards. There is strong support from Alameda County for an at-grade crossing. Mr. Doyle talked about the legislative history of transferring the railroad to Alameda County. He suggested that staff look at the history before submitting an application to the California Public Utilities Commission (CPUC) for the at-grade crossing. Staff anticipates the CEQA document will be certified in summer of 2018, submittal of the CPUC application in winter of 2018-2019, and construction to begin in spring of 2019.

Director Ayn Wieskamp inquired about the number of users who will use the trail. Staff responded that it will probably be a popular trail for the mountain biking community. Director Beverly Lane asked staff to show the name “Harlan” on the Gelderman property. The Harlan family was very active and prominent in the community. The project is estimated to cost $900,000, with funding from Measure WW and a grant from the Coastal Conservancy. Director Dennis Waespi asked about the CPUC approval timeline.

Public Comment: Kelly Abreu commented that he supports the creation of trails, the history of Vallejo Mills, and recommended that the trail should be expanded to Vargas Plateau and Mission Peak.

129 Recommendation: None. This was an informational item.

3. Dumbarton Quarry Campgroup on the Bay – Project Update

Glenn Gilchrist, Design Manager, presented this agenda item. Mr. Gilchrist gave an overview of the project, including the original proposed park which included a lake. The lake was determined not to be feasible, and in 2013, the Park District and Dumbarton Quarry Associates (DQA) reached an agreement over a revised park plan to be developed in two phases. The terms of the agreement also included “tipping fee” revenues from DQA to help fund park improvements. Mr. Gilchrist talked about the development of a new service yard, which the Park District will be responsible for building; convenience camping cabins; and restoration of a ridge. Director Ayn Wieskamp asked how much tipping fee has been received from DQA and commented on the ridgeline. Mr. Gilchrist responded that so far, the Park District has received approximately $4.2 million in tipping fee. Jim O’Connor, Assistant General Manager for Operations, commented that Phase I is moving forward, and Phase 2 is on hold pending more information. Staff stated that they are working closely with DQA representatives and are very much involved in this project. Director Beverly Lane inquired about the project budget and whether costs are being paid out of the tipping fees or Measure WW. General Manager Robert Doyle responded that no Measure WW funds have been used; project costs are primarily paid from tipping fees. Director Dennis Waespi recommended that the next Board tour should include a site visit and members of the City of Fremont City Council should be invited to attend.

Public Comment: Kelly Abreu complimented the Park District for providing a clear project schedule and detailed information about the project. He provided a handout to the Committee and commented on Alameda County’s interim ordinance adopting a moratorium on dirt importing within unincorporated area of the County.

Recommendation: None. This was an informational item.

4. Open Forum for Public Comments

Kelly Abreu commented on an upcoming June 19, 2018 City of Fremont meeting concerning Morrison Canyon Road, not receiving adequate notice of the meeting, and dumping along this road.

5. Board Comments

Director Dennis Waespi congratulated Mr. Doyle on the passage of Prop. 68.

There being no further business, Chair Dennis Waespi declared the meeting adjourned at 2:20 pm.

Respectfully submitted,

Becky K. Pheng

130

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131 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 3, 2018

C. BUSINESS BEFORE THE BOARD

7. COMMITTEE REPORTS

b. Finance Committee Minutes and Recommended Actions from the Meeting of May 30, 2018 (Corbett)

Attendees Board: Directors Ellen Corbett, Colin Coffey and Dee Rosario

Staff: Robert E. Doyle, Debra Auker, Carol Victor, Deborah Spaulding, Michelle Strawson O’Hara, Nadine Vargas, Anna Fong, Paul Ferrario, David Sumner, Kim Balingit

Speakers: Monique Spyke, PFM Asset Management

Public: Rick Rickard

Committee Chair Ellen Corbett began the meeting at 12:30 PM with the introduction of Committee members.

Agenda Item No. 1 March 31, 2018 Investment Report and Portfolio Review

Assistant Finance Officer Deborah Spaulding presented the March 31, 2018 Investment Report and informed the Committee the total of the District’s cash and investments as of March 31, 2018, was $355,421,790, an increase from last quarter mainly due to timing of receipt of property taxes (Alameda County property taxes came in on March 31st rather than in April). District funds held in trust were $110,963,658.  Pooled cash/investments held by the District was $227,882,014.  2018 investment earnings to-date totaled $1,004,584.  Banking and investment fees to-date totaled $40,654.

Graph handouts included comparative investment information, Districts’ invested funds, information on securities held by PFM, District cash and investment by type (not managed by PFM) along with Investment Performance Review from PFM.

AFO Spaulding introduced Ms. Monique Spyke, with PFM Asset Management, the District’s investment management firm.

132 PFM Monique Spyke presented the investment results for the first quarter of 2018, giving an overview of current market conditions, and how PFM has positioned the District’s investments within that environment. PFM expects the economy to continue to improve in the months ahead. Interest rates will rise in the coming year; PFM will manage the portfolio duration close to the benchmark and continue to look for safe methods to add investment returns.

Ms. Spyke’s presentation included a forecast for 2018 market conditions, which included an increase in interest rates, healthy job production, and consistent Gross Domestic Product (GDP) growth, which will result in underperformance in corporate-related investments and heightened consumer confidence.

Committee member Colin Coffey asked about the benchmark index used by PFM to measure the District’s investment results. Ms. Spyke advised PFM uses the ICE/Bank of America Merrill Lynch 1-3- year U.S. Treasury Index.

Committee member Coffey inquired whether a different benchmark might be appropriate, given that the District invests in instruments besides US Treasuries. Ms. Spyke responded some of their local agency clients use a 1-5-year Treasury Government Index, while other local agencies use a Total Market Treasury Index. PFM prefers a Treasury-only index because you can easily see the value obtained by investing outside the U.S. Treasury market. PFM is a relative value manager; each investment decision is based on relative value to the U.S. Treasury sector. When PFM measures the District’s portfolio against this index it is reflecting how PFM adds value by investing beyond what can be gained through only investing in the 1-3 year U.S. Treasuries.

AFO Spaulding thanked Monique Spyke for her presentation.

AFO Spaulding advised the Committee that the District’s Investment Policy, brought to the Finance Committee in January 2018, has received the California Municipal Treasurers Association Investment Policy Certification, which shows that the policy meets best practice requirements.

Recommendation: Motioned by Dee Rosario and seconded by Colin Coffey that the Finance Committee recommends to the full Board of Directors approval of the March 31, 2018 Investment Report. Motion approved.

Agenda Item No. 2 2018 Risk Management Annual Report

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

Risk Manager Anna Fong and Health and Safety Coordinator Paul Ferrario provided an overview of the District’s Workers’ Compensation, and Health and Safety programs and advised the Finance Committee that the District is continuing to experience low claim frequency and low claim severity in the areas of workers’ compensation and general liability. The 2017 winter storms resulted in a large property insurance claim, however, the overall frequency of property claims remains low.

133 Committee chair Ellen Corbett inquired if the District’s workers’ compensation policy covered Park District volunteers. Risk Manager Fong responded yes, volunteers are included in the count.

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

Athens Administrators’ contract with the District ends June 30, 2018. Staff conducted a Request for Proposal (RFP) for Workers’ Compensation Claims Administration and Managed Care Services. Nine proposals were received. After evaluation of proposals and panel interviews the recommendation is to continue with Athens Administrators for a five-year term, with a possible two-year extension.

Committee chair Corbett asked if the District’s last contract with Athens was a five-year contract. Risk Manager Fong advised it was a three-year contract with an option to renew for two additional years.

Committee chair Corbett inquired whether the District provides workforce strengthening or preventative medicine training. District Counsel Victor responded yes, these types of programs are consistently evolving and improving. Risk Manager Fong added that during the Safety Academy Trainings there is a session dedicated to ergonomics and good working techniques (how to stretch etc.).

The District’s General Liability Claims have been generally decreasing in number and total costs over the past five years. This is due to proactive training provided to District staff, as well as due to careful management of potential claims by Risk Staff, who immediately notify any potential claimant that the District is protected under the California Trail and Hazardous Recreation Immunities Legislation. While the overall trend in number and costs is downward, the high costs in 2016 were due to an outlier high- impact claim that was settled in that year.

Community chair Corbett congratulated Aquatics for their safety record.

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

134 Committee chair Corbett asked if the District has a problem with hazardous dumping in the parks. Health and Safety Coordinator Ferrario replied yes, environmental hazardous dumping continues to be an increasing monetary issue.

Committee member Dee Rosario questioned why all park buildings are not covered by earthquake insurance. District Counsel Victor replied that staff works with CSAC-EIA (California State Association of Counties - Excess Insurance Authority) to analyze earthquake safety and risk factors throughout the parks, and determine which buildings are worth insuring, based on location as well as cost to repair or replace.

Health and Safety Coordinator Ferrario concluded the presentation by advising the Committee about several insurance programs the District participates in, to minimize the financial impact associated with excessive or unanticipated losses. Insurance costs are trending upward, with the overall costs for July 2018 through June 2019 policy up $205,533 (15% from current rates). The primary insurer for the District is CSAC-EIA, a member-directed public entity insurance pool. Excess insurance, however is increasingly expensive.

Recommendations: The first motion by Colin Coffey and seconded by Dee Rosario that the Finance Committee recommend to the full Board of Director’s approval of the five- year contract with Athens Administrators for July 1, 2018 through June 30, 2023 with an option of a two-year extension upon mutual agreement. Motion approved.

The second motion by Colin Coffey and seconded by Dee Rosario that the Finance Committee recommend to the full Board of Director’s renewal of the insurance program for July 1, 2018 through June 30, 2019 at the not to exceed amounts in the insurance programs as presented and with managements option to move carriers around as presented. Motioned approved.

Agenda Item No. 3 Accounting Closure for Completed Projects

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

Development Projects Administrative Analyst Vargas proceeded to report a total of 18 capital development projects which were recommend for closure. Based on the proposed closures, the net impact will be as follows:  General Fund net amount required to address shortfall ($37,847.25)  $1,158.38 returned to Measure AA  $250,000 returned to the Major Infrastructure Renovation and Replacement Fund

135 Land-related Projects Twenty-two land-related projects consisting of both acquisitions and safety/security projects are recommended for closure. The following funding sources will be adjusted:  $162.20 returned to General Fund  $296.49 returned to Measure AA allocation areas  $65,794.27 returned to Measure WW allocation areas

Other Than Asset (OTA) A total of thirty-eight (OTA) projects were recommended for closure. Adjustments are required for the following fund sources:  $113,912.82 returned to General Fund  $25,457.31 returned to Measure AA  $23,327.03 returned to Measure WW  $16,556.29 returned to Measure CC  $39,425.26 returned to Major Infrastructure Renovation and Replacement

Recommendation: Motioned by Dee Rosario and seconded by Colin Coffee that the Finance Committee recommends to the full Board of Directors approval of proposed project closures and budgetary adjustments. Motion approved.

Agenda Item No. 4 2019 Budget Calendar

AFO Spaulding reported that the budget calendar is presented to the Finance Committee annually. The purpose of report is to provide the Finance Committee with an overview of the District’s budget schedule anticipated for the 2019 budget process.

Board Workshops The budget planning process began earlier this year, with the first Board Workshop in February and the last one in July to address capital, land acquisitions and trail projects.

Budget Preparation Activity Highlights, by month: June – Verify the level, location and funding source of District employees. Determine need for current mid-year adjustments. July - Update Division/Department service objectives using performance measure reporting format. August – Finance distributes base budget to departments and instruction related to budget requests. Budget workshops are conducted to aid budget preparers. September – Revenues are estimated to establish the base budget revenue available for appropriation in 2019. The General Manager and AGM Group discuss budget requests. October to December – Present proposed budget to Finance Committee in November and to Board of Directors and public during the public sessions in December. Budget adopted after second public hearing.

136 February 2019 – hard copy budget documents, including Operating Project and Budget Brief will be distributed to the Board and the AGMs and the electronic version will be posted on the District’s website at the same time.

Committee member Rosario requested the first budget public hearing in December be moved to an evening meeting. Assistant General Manager/Chief Finance Officer Debra Auker advised Finance will bring to the next Board of Directors meeting the request to change the December 4, 2018 meeting to an evening meeting.

Recommendation: None. This is an informational item only.

Agenda Item No. 5 First Quarter 2018 General Fund and Other Governmental Funds Financial Report

Assistant Finance Officer Michelle Strawson O’Hara presented the First Quarter 2018 General Fund Reports and Unaudited Financial Statements. AFO Strawson O’Hara summarized first quarter revenues and expenditures for the District.

General Fund Revenues and Expenditures Revenue highlights  Revenues are on track to end the year on budget.  First quarter revenues were $23.2 million, significantly higher than at the same time in the prior year, as the District received Alameda County’s April $14.5 million property tax revenue payment early (in March 2018).

Expenditures highlights  Expenditures were $36.9 million, which is consistent with prior year.

Recommendation: Motioned by Dee Rosario and seconded by Colin Coffey that the Finance Committee recommends to the full board of Directors acceptance of the First Quarter 2018 General Fund and Other Governmental Funds Financial Reports. Motion Approved.

137 Agenda Item No 6 Open Forum for Public Comment

No public comment

Agenda Item No. 7 Committee Comments

Committee member Rosario and Committee chair Corbett expressed their appreciation on the thoroughness of all the reports and their transparency.

July 25, 2018 Finance Committee has been cancelled.

Meeting adjourned at 2:30 p.m.

Respectfully submitted,

Connie Swisher Confidential Secretary, Finance

138 NEWSCLIPS

Community News Park It: July 4th festivities planned in Fremont, Alameda courtesy of Shishir Gundavaram/BANG archives

The Young American Patriots Fife & Drum Corps, based in Pleasanton, participates in its twice-yearly musical competition during previous July 4 festivities at Ardenwood Historic Farm in Fremont. This year, Ardenwood will again host a 19th century-style community festival with patriotic music on the Patterson House lawn and fiddle music in the farmyard. There will be games, contests and races all day long, including nail driving, an egg toss, bucket brigade, tug-of-war and the always-popular watermelon seed spitting.

By NED MACKAY | East Bay Regional Park District | June 24, 2018 at 6:00 am

Two of the East Bay regional parks have special events planned to celebrate July Fourth.

Ardenwood Historic Farm in Fremont will stage its annual Independence Day Celebration from 10 a.m. to 4 p.m. on Wednesday, July 4. It’s a 19th century-style community festival with patriotic music on the Patterson House lawn and fiddle music in the farmyard. There will be games, contests and races all day long, including nail driving, an egg toss, bucket brigade, tug-of-war and the always-popular watermelon seed spitting. Visitors can bring their own picnic or buy food at the Ardenwood Cafe.

Admission to the event is $10 for adults 18 and older, $8 for seniors 55 and older, $5 for children ages 4 through 17, and free for kids younger than 4. Parking is free. Ardenwood is located at 34600 Ardenwood Boulevard, just north of Highway 84. For information, call 510-544-2797.

Crab Cove Visitor Center in Alameda also has Fourth of July festivities planned. First, there will be a Crab Cove contingent in Alameda’s annual July 4 parade from 9:30 a.m. to 1 p.m. You can see Crab Cove’s mobile visitor center from the sidewalk along the parade route.

After that, there will be an open house from 2 to 4:30 p.m. July 4 back at Crab Cove, with lots of family-friendly activities through the afternoon. The visitor center will not be open until 1 p.m., due to the city’s annual parade. Crab Cove is at the end of McKay Avenue off Alameda’s Central Avenue. For information, call 510-544-3187.

In general, all the East Bay Regional Park District facilities will be open July 4, with picnic tables available on a first-come-first-served basis. If you plan a picnic, it’s best to arrive early, especially at regional parks with swim beaches. Independence Day is one of the more popular and crowded times in the parklands. By the way, no fireworks! All fireworks are

139 illegal in the regional parks. There’s a lot going on in the regional parks during the days preceding July 4 as well. A partial list is below.

Also in Fremont: Coyote Hills Regional Park in Fremont has Discovery Days from 10:30 a.m. to 3:30 p.m. every Saturday and Sunday. It’s a drop-in program at the visitor center. You can come at 10:30 a.m. for an introduction to the topic of the week, or stop by any time for hands-on nature exploration and crafts.

There are also tours of the park’s restored Ohlone Indian village from 10 a.m. to noon and 1:30 to 3:30 p.m. on Sundays, July 1, 22 and Aug. 26, and from 1:30 to 3:30 p.m. July 14 and Aug. 4. It’s a half-mile walk through a marsh to the 2,000-year-old site. Coyote Hills is at the end of Patterson Ranch Road off Paseo Padre Parkway. There’s a parking fee of $5 per vehicle. For information, call 510-544-3220.

Berkeley: At Tilden Nature Area near Berkeley, it’s “Talk With the Animals” time from 11 to 11:30 a.m. every Sunday in July and August. Meet a different live animal each week at the Tilden Little Farm. And naturalist Trent Pearce will feature snakes and turtles in a program from noon to 1 p.m. July 1 at Tilden’s Environmental Education Center.

Trent also plans one of his spider safaris from 3 to 4:30 p.m. July 1, starting at Tilden’s Vollmer Peak trailhead near the Steam Train off Grizzly Peak Boulevard. The Little Farm and Center are at the north end of Tilden’s Central Park Drive. For information on all three programs, call 510-544-2233.

Antioch: At Black Diamond Mines Regional Preserve in Antioch, naturalist Eddie Willis will lead a “Beat the Heat” hike from 8:30 to 10 a.m. July 1. The group will hike on steep trails through woodlands and chaparral, then cool off near one of the mine openings.

Meet Eddie at Black Diamond’s uppermost parking lot at the end of Somersville Road, 3½ miles south of Highway 4. Black Diamond has a parking fee of $5 per vehicle when the kiosk is staffed. Call 888-327-2757, ext. 2750 for information.

Oakley: “Delta Discoveries” is the theme of an ongoing program from 11 a.m. to 2 p.m. every Saturday and Sunday at Big Break Regional Shoreline in Oakley. Kids or families with kids can learn about the Delta wetlands through nature-themed arts-and-crafts activities. Big Break is at 69 Big Break Road off Oakley’s Main Street (Highway 4). For information, call 888-327-2757, ext. 3050.

Online: There are lots of other programs available in the regional parks. Check out the district’s website at www.ebparks.org. And however you spend it, have a safe and happy Independence Day.

Ned MacKay writes a regular column about East Bay Regional Park District sites and activities. Email him at [email protected].

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Concord Naval Weapons Station on list for Trump immigration camp POSTED: 06/23/18, 7:00 PM PDT | UPDATED: 1 DAY AGO | By Tatiana Sanchez, bayareanewsgroup.com

In a proposal that could bring the uproar over President Trump’s controversial “zero tolerance” immigration policy to the Bay Area, the Navy is considering converting a shuttered Concord naval base into a detention facility to hold up to 47,000 immigrants apprehended at the southern border, according to a draft memo obtained Friday by TIME.

The revelation stunned residents in the Contra Costa County community and sent local and federal officials into a frenzy as they tried to track down details on the plan to convert the former Naval Weapons Station that has long been eyed as a development to ease the city’s housing crunch.

The memo under consideration by the Secretary of the Navy listed the Concord base among sites to construct “temporary and austere” tent cities in California, Alabama and Arizona as the Trump administration scrambles to cope with a crisis to house the wave of people being arrested at the U.S.-Mexico border under its recent crackdown on illegal immigration.

U.S. Rep. Mark DeSaulnier, D-Concord, who learned of the memo in the TIME report Friday, said he strongly opposes the plan, calling it, “madness.”

“It’s what you get when you have an administration that doesn’t believe in planning or thoughtfulness,” he told this news organization. “Most of the base has been closed for 15 years. We know the infrastructure is nonexistent.”

“You don’t do policy this way,” he added. “This is unprecedented.”

The proposal comes just days after President Trump reversed a controversial policy that separated more than 2,000 children from their parents, many of whom are asking for political asylum in the U.S. to flee violence in Central America. But federal immigration officials are continuing to show “zero tolerance” at the border and instead say they will keep families together in detention until their cases can be heard in immigration court.

Chief Navy Spokesman Capt. Gregory Hicks would not comment on the planning memo to build tent cities, saying on Friday “it would be inappropriate to discuss internal deliberative planning documents.”

In a statement Friday, Department of Defense spokesman Johnny Michael said it is “conducting prudent planning and looking at all available regions should the (Department of Homeland Security) ask for assistance in housing adult illegal immigrants. At this time there has been no request from DHS.”

The Department of Homeland Security did not respond to a request for comment.

Concord Mayor Edi Birsan said Friday he was caught off guard when he learned of the report and spent the afternoon seeking facts from the region’s elected officials in Washington, D.C.

141 “This is so bizarre and a topic that is always in such flux. At first I thought it was fake news,” Birsan said.

City spokeswoman Jennifer Ortega said the city does not have jurisdiction over the federally owned property but said city officials were “very concerned” about the Navy’s possible plans.

The federal government has been in talks with the city for 12 years to transfer the land on Concord’s east side for plans to build 12,200 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former weapons station property. The East Bay Regional Park District also is slated to receive 2,600 acres for the future Concord Hills Regional Park.

Birsan said he didn’t want to speculate on what a temporary tent city could mean for the city’s transfer plans because the detention facility proposal could “change in four different tweets from now.”

Birsan said “as far as we know,” the base is still federal property. However, he wondered if the Navy proposal may have actually meant the active military facility next door — Military Ocean Terminal Concord.

Regardless, city officials did not welcome the Trump administration’s proposal.

“Last September, the City of Concord passed a resolution affirming (its) commitment to being a welcoming, inclusive, tolerant and supportive community for all,” Ortega said. “We do not feel that a detention center within city limits represents those values.”

The city is working with DeSaulnier and House Minority Leader Nancy Pelosi to gather more information.

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The memo suggested the military will be playing a larger role in the Trump Administration’s effort to continue its hard line at the U.S.-Mexico border, as talks over immigration reform stall on Capitol Hill. Trump turned up the rhetoric Friday, capping a tumultuous week on the issue as he met with families of crime victims of illegal immigrants, inviting them to tell their stories of being “permanently separated from their loved ones.”

The Department of Defense is also studying housing illegal immigrants in tent cities at airfields in Alabama and at Camp Pendleton in Southern California, according to the memo.

As of Friday, there was no evidence that the Department of Homeland Security has sent any children separated from their parents to any Bay Area facilities, though at least one shelter in the Contra Costa County city of Pleasant Hill houses unaccompanied minors.

Members of the Contra Costa County Immigrant Rights Alliance were “very outraged” by news of Friday’s proposal.

“But we aren’t surprised. This is consistent with the track record of the Trump administration’s racist, anti-immigrant agenda,” said Van Nguyen, spokesperson for the alliance. “This is inconsistent with our values of compassion and equality here in California. We need to look at the humanity of all Californians, including immigrants.”

142 News Digest: Dinner with Haglund, Patterson Pass workshop, 'Flame of Hope' Uploaded: Fri, Jun 22, 2018, 1:43 pm | by Pleasanton Weekly staff / Pleasanton Weekly

Dinner with Haglund Registration is now open for the "Dinner with the Superintendent" event, scheduled to take place Aug. 25.

The event is hosted by the Pleasanton Community of Character Collaborative, and will be held at 4053 Walnut Dr., Pleasanton from 6-10 p.m. The dinner with Pleasanton Superintendent David Haglund will include music, appetizers and a barbecue meal prepared by Pleasanton police chef Capt. Craig Eicher.

Registration is $75 per person, with all proceeds benefiting the Juanita Haugen Memorial Scholarship Fund. Seats are limited to 30 attendees; interested diners are asked to register by Aug. 23 online at www.pleasanton.org or by mailing a check to the collaborative at 777 Peters Ave., Pleasanton 94566.

Patterson Pass workshop The Zone 7 Water Agency is holding a public workshop Tuesday evening regarding upgrades coming to the Patterson Pass Water Treatment Plant.

The upgrades include both the construction of new facilities and modifications to existing ones in order to incorporate ozonation disinfection technology into water treatment processes, in addition to increasing production and water storage capacities.

Officials say that ozonation disinfection will improve water quality and taste, in addition to being the most effective means of treating for harmful toxins and chemicals.

The meeting is scheduled to take place from 7-8 p.m. at 8750 Patterson Pass Road, Livermore.

'Flame of Hope' The Special Olympics Northern California Law Enforcement Torch Run passed through Alameda County Monday morning on its way to U.C. Davis for the regional 2018 Summer Games, beginning this Friday.

The torch run is sponsored by Northern California law enforcement agencies that raise money for the Special Olympics of Northern California, now entering its 50th year. Law enforcement officers from Dublin, Livermore, Pleasanton, the California Highway Patrol and rangers from the East Bay Regional Park District all participated in this year's Alameda County route -- running and carrying the "Flame of Hope" up north.

Law enforcement officers in Northern California sponsor fundraising events to raise money for the Special Olympics year-round. Read the full story at pleasantonweekly.com.

143 Public meeting set for Wildcat Creek Restoration and Greenway project June 22, 2018 The city of San Pablo plans to provide community members with an update on the developing designs for the Wildcat Creek Restoration and Greenway Project.

The community meeting will take place at 6 p.m. Tuesday, June 26, in the Wildcat Community Room of the San Pablo Library, 13751 San Pablo Ave. Spanish translation and snacks will be provided.

The project will restore the creek between Vale Road and Church Lane and provide a Class I shared-use path for cyclists and pedestrians.

Construction is estimated to begin in January 2019 and last about a year.

Spanish translation during the presentation will be provided.

San Pablo Library at 13751 San Pablo Ave.

The project, funded through state and local sources, will restore 2,200 linear feet of Wildcat Creek and include refuge areas for fish, a modified floodplain to accommodate larger flow volumes, a widened creek corridor and the re-planting of native plants on the restored bank.

A new right bank slope configuration will help the creek accommodate larger flow volumes and reduce erosion. Water quality will improve by reducing concrete in the creek and installing bioswales to filter water. And the community will be able to enjoy the view of all this from a shared-use bike and walking path that will feature lookouts, benches and tables, and security features such as lighting and cameras.

Construction is estimated to begin in January and last about a year.

The project is being made possible by a contribution of $1.3 million from the California Coastal Conservancy, $1 million from the Contra Costa Transportation Authority, $800,000 from East Bay Regional Park District, and $689,222 from the California Natural Resources Agency.

For more information about the project, go here.

144

Special Olympics 'Flame of Hope' passes through Alameda County Torch carried by local law enforcement officers Uploaded: Tue, Jun 19, 2018, 11:13 am | by Ryan J. Degan / Pleasanton Weekly Pleasanton police officers carried the torch for just over five miles. (Photo courtesy Pleasanton Police Department)

The Special Olympics Northern California Law Enforcement Torch Run passed through Alameda County Monday morning on its way to U.C. Davis for the regional 2018 Summer Games, beginning this Friday.

The torch run is sponsored by Northern California law enforcement agencies that raise money for the Special Olympics of Northern California, now entering its 50th year of existence. Law enforcement officers from Dublin, Livermore, Pleasanton, the California Highway Patrol and rangers from the East Bay Regional Park District all participated in this year's Alameda County route -- running and carrying the "Flame of Hope" up north.

"Dublin Police Services has proudly supported the Special Olympics Torch Run for many years," said Dublin police Chief Garrett Holmes. "It is a great honor to carry the 'Flame of Hope' and show support for the athletes. Law enforcement agencies throughout Northern California run through their communities to bring public awareness for those who are challenged with intellectual and developmental disabilities."

Added Pleasanton police Sgt. Brandon Stocking, "I can tell you that every officer who participated thought it was great to be running for such a meaningful cause. Law enforcement in general has long been a supporter of Special Olympics events (and) Pleasanton PD is no exception. It was a fun run and we were happy the heat wasn’t as harsh as it could have been in June!"

Monday's run began 10 a.m. at the Livermore police station and traveled along Stanley Boulevard to the Nob Hill parking lot.

The route proceeded through the East Bay Regional Park District all the way through the Shadow Cliffs parking lot in eastern Pleasanton. The final leg of the run took participants north past the Dublin police station and down the Iron Horse Trail to conclude at Westside Drive.

Early Tuesday morning the torch continued its journey when Dublin police passed the flame along to San Ramon police, who began the Contra Costa County leg of the run. Danville police officials were next to take up the torch, and they will hold on to it until Thursday as the torch continues its journey north through Benicia and on to Vallejo.

Monday's run ended at about 1:30 p.m. with every runner maintaining a pace of approximately ten minutes a mile.

145 "Our officers have also participated in Badges for Buckets and Tip-a-Cop events to raise money throughout the year. This enables the athletes to participate at no cost to them or their families," Dublin's Chief Holmes said.

Law enforcement officers in Northern California sponsor fundraising events such as the Torch Run to raise money for the Special Olympics year-round. Since 1996, events sponsored by police officers have raised more than $13.5 million for Special Olympics Northern California, with last year's efforts raising over $790,000 alone.

Approximately 755 Special Olympics athletes along with 265 coaches are set to attend this year's Northern California Summer Games, taking place in the athletic facilities on the U.C. Davis campus. After weeks of training and participation in regional qualifying contests, the athletes will compete for a spot on the podium in bocce, swimming, tennis or track and field.

146

Imagine the Future San Francisco Bay Shoreline by Zach St. George on June 18, 2018 Resilient By Design teams stand on Cougar Mountain and gaze across to the San Francisco skyline in October 2017. (Photo by Karl Nielsen) On October 29,

2012, Hurricane Sandy washed into the eastern United States. The storm killed 191 people, razed much of the Jersey Shore, flooded part of Lower Manhattan, and damaged or destroyed 600,000 homes. All told, it caused something like $65 billion in damages and economic loss. Sea level rise alone wasn’t responsible for the destruction, but sea level rise made it worse.

Since 1900, the world’s oceans have risen about eight inches, due both to thermal expansion of the warming waters and to meltwater from glaciers and the Greenland and Antarctic ice sheets. The scientists of the United Nations’ International Panel on Climate Change estimated that by the end of this century, the waters might rise another three feet, and quite possibly more than that. Higher water means bigger surges during storms, which push masses of water ahead of them. Surveying Sandy’s wake, federal and state officials realized that rebuilding the coast as it existed before the last storm wouldn’t help prepare it for the next one.

In 2013, the U.S. Department of Housing and Urban Development launched a contest it titled Rebuild by Design, calling for architects and design firms to pitch their ideas on how to design a more disaster-ready shoreline in New York City and New Jersey, with an eye to protecting particularly impoverished or otherwise disadvantaged communities. Now, five years later, the seven winning project proposals are on their way to real life. One will improve flood protection in Hunts Point in the Bronx; one will create a series of breakwaters offshore of Staten Island; another will reshape the entire southern edge of Lower Manhattan. “Rebuild by Design is leading the way in the development of resilience projects that are not just about brick and mortar,” says New York Governor Andrew Cuomo, quoted in a commemorative book about the project. “They create jobs, promote business and education, and ensure safety in waterfront communities.”

The contest was the kind of feel-good success story that translates well, disaster or no. After Gil Kelley, the then-director of the planning department in San Francisco, attended a conference about the contest, he returned to the Bay Area wondering if the region could pull off a similar contest of its own. So far, the rising Bay’s visible effects are mostly limited to the occasional king-tide flooding at the Ferry Building—but eventually the rising waters would begin to cause real trouble here, too. Maybe a contest like Rebuild by Design could ultimately help make rebuilding unnecessary.

He put Diana Sokolove, another planning department employee, in charge. She began a research campaign about the Bay, talking to various county governments and regional organizations. “I tried to take the temperature of the region,” she says. “Are people ready for this? Do they want it to happen?” They were, and did. The city partnered with the Coastal Conservancy, the Bay Area Regional Collective, the Rockefeller

147 Foundation, and others and hired the Rebuild by Design nonprofit as a consultant. In June 2017, at a conference on the Oakland waterfront, Oakland mayor Libby Schaaf, Berkeley mayor Jesse Arreguín, Richmond mayor Tom Butt, and other local officials gathered to announce the launch of the “Resilient by Design Bay Area Challenge.”

The contest organizers set out ambitious and idealistic goals: Over the next year, ten teams of architects, engineers, and designers would identify ten especially vulnerable sites around the Bay and would propose design solutions. The teams would bear in mind the connections between healthy ecosystems and healthy communities, between sea level rise and social inequity, between displacement in the future and displacement in the present. They would gather input from scientists, economists, politicians, and local community members, and they would design projects that could actually be built. They would raise awareness of climate change and sea level rise, and they would be creative. The new Resilient by Design put out a request for qualifications, and also a request for suggestions from community members about areas for the designers to focus on. It was a heady moment. Schaaf was quoted in a release from the Metropolitan Transportation Commission (she is also an MTC commissioner): “Now is the time,” she said, “for cities to rise up, and for regions to collaborate.”

In the prospectus that Resilient by Design sent out, it vaguely dangles prizes. “A generous awards program to honor the winning project(s) is currently in development,” it says, “and will be publicly announced as soon as the details are confirmed.” This was perhaps in lieu of lucrative design contracts, because, as the prospectus also noted, “funding has not been identified for the implementation of these designs.” The East Coast’s Rebuild by Design contestants were vying for a slice of roughly $1 billion in disaster relief funding. “The big difference between this process and Rebuild by Design,” Amanda Brown-Stevens, the managing director of the Resilient by Design nonprofit, told me, “is that we don’t have a huge pot of disaster recovery funds.” After the contest was over, the projects might get built, or they might not.

That uncertainty didn’t seem to deter designers, though. By August, more than 50 teams of designers had applied. The Resilient by Design jury (which included designers, urban planners, policy makers, and scientists) selected 10 teams, with members from the Bay Area, Los Angeles, the East Coast, Australia, the Netherlands, Denmark, and elsewhere. The teams submitted their ideas for potential projects, which included artificial lagoons connecting to the Bay, plus lagoonside housing; “hyper-creeks,” which are basically just the creeks that already exist, but rehabilitated; an “infra-cloud,” which is basically just infrastructure except in the cloud, somehow; “micro-deltas,” where creeks (or hyper-creeks) enter the Bay; a new trans-Bay tube from Oakland and Alameda to San Francisco; and many others. Judges matched each team to one “Design Opportunity” out of 10 Bay Area communities or regions for which each would design a polished, final project: Marin City, North Richmond, , , South Bay, South San Francisco, Islais Creek, San Rafael, and San Pablo Bay. The teams would have until May 2018 to come up with one or more projects to improve their location’s resilience and to rally local support, so that the projects would have some chance of continuing after the contest was over. Then they were off.

At the corner of Giaramita Street and Grove Avenue in Richmond, houses on small vacant lots supported by a community land trust would strengthen the North Richmond community, says the Home Team. Lowering the barriers to home ownership helps ensure residents can be involved and invested in responding to climate change. “Home ownership is important for us out here because that’s another way of building community,” says Courtney Moore, Urban Tilth Watershed Program manager and Home Team advisory board member. “It’s something to live for. It’s something you can leave your loved ones, your children.” (Design drawing courtesy The Home Team)

148 In effect, preparing for sea level rise means calling a retreat from the water even before it’s obvious to most people that the battle has started. Our impulse for most of the last 150 years has been to do the exact opposite, to charge forward, to get as close to the water as possible. Once, the Bay was ringed by tidal flats and marshes, but by the late 1990s, little of this original shoreline remained, having been diked or developed, turned to pasture or salt ponds. As of 1979, the original 850 square miles of marsh that ringed the Bay were reduced to just 32 square miles. Discontent with the boundaries nature provided, we’ve even piled up fill in the Bay’s shallow edges, building buildings, treating this stolen space as solid ground. The Bay once covered nearly 800 square miles; it now covers just 550.

But the Bay may reclaim much of its lost territory. The National Oceanic and Atmospheric Administration’s sea level rise online viewer shows one vision of the future. As you slide the sea-level rise button to one foot above its present level, the space to the west of North Richmond, between Wildcat and San Pablo creeks, is immersed, along with the space north of . The sea also nibbles the edges of Milpitas, Sunnyvale, Mountain View, Palo Alto, Redwood City, San Bruno, Santa Venetia, Novato. At three feet of sea level rise, which is about the median level that the scientists of the UN’s International Panel on Climate Change predict by 2100, the runways at the San Francisco Airport disappear under the water, along with parts of Treasure Island and most of Suisun City. The water approaches Napa, Petaluma, and Martinez; , at present more of a peninsula, begins to live up to its name. At six feet, which is the maximum shown by the viewer but is still less than the most extreme projections of sea level rise by the end of the century, the water has reached Richmond Parkway. It’s flooded large swaths of West Oakland and Alameda, the Oakland Airport, the Coliseum, and San Francisco’s eastern shore. The Louisiana shore has retreated back to Baton Rouge, and Miami is part of an archipelago.

Mark Stacey, a professor of environmental engineering at UC Berkeley, described one of the ways that Bay Area communities might collectively respond to the rising waters. He pointed to Foster City, a town of about 34,000, located on the west end of the San Mateo Bridge. The entire town is built on fill. In 2014, the Federal Emergency Management Administration, which designates which parts of the United States are flood zones, informed the town’s government that its riprap levee wouldn’t protect it in the event of a 100-year storm. (FEMA’s levee failure prediction was based on improved modeling, not sea level rise, says Patrick Clancey, a FEMA project manager, but Stacey says the example here applies all the same.) If FEMA designated the town as a flood zone, owners of any homes with federally backed mortgages would need to carry flood insurance, which could cost them thousands of dollars every year. To prevent both that unpleasant cost to its residents and the even more unpleasant possibility of the entire town flooding, the city council voted in March to put on the ballot a $90 million bond to raise the levee. City engineer Jeff Moneda says the bolstered levee would protect the town through at least 2050. In June townspeople overwhelmingly voted in support the bond.

Foster City’s response, Stacey says, is the logical thing to do: “The financial risk is new and immediate. They’re going to raise their levee a little bit. It’s a completely rational decision for them to make.” He says the following set of events would also be completely logical: Sea level continues to rise, and one by one, each bayside community faces a situation similar to that of Foster City, maybe with actual flooding or maybe just the threat of rising flood insurance. One by one, they all build or bolster their levees and seawalls. But then, finally, the entire shoreline of the Bay is ringed in by levees and seawalls, and we find ourselves in an accidental New Orleans, completely cut off from the Bay, forced to work harder and harder to defend ourselves from it. It’s a place nobody wants to build that we might build anyway.

149 Highway 37 edges San Pablo Bay and already undergoes flooding, a problem that will only worsen with sea level rise. The design team Common Ground envisions elevating the highway by 20 feet to create a scenic causeway that allows both tidal flows and marsh migration as the Bay rises while a multitude of users — walkers, bikers, and vehicles — traverse the scenic wetlands. (Design drawing courtesy Common Ground)

In mid-April, I attend a community meeting at the Multicultural Senior and Family Center in North Richmond, northeast across the Bay from Foster City. The neighborhood was built during World War II, settled mostly by African Americans who came to Richmond to work in the shipyards. Fenced in on the east side by the railroad tracks and the west by Richmond Parkway, the low-lying area is unincorporated, a Vatican City–style island contained within the City of Richmond. It relies on Contra Costa County for infrastructure and emergency services. Two creeks run through the community—San Pablo to the north and Wildcat to the south. Sea level rise will reduce the downhill grade of the creeks, making them more likely to back up during storms and overflow into town.

The meeting is put on by one of the design teams, the Home Team, headed by Mithun, a design firm with offices in Seattle and San Francisco. When I arrive, about 20 people are huddled around three long tables. Along with the usual senior center information about bus passes and Internet training, one of the signs on the wall summarizes what would happen during a chemical leak from one of the area’s refineries; in 2012 the nearby Chevron refinery caught fire, sending gouts of black smoke washing over the town.

The people at the tables include members of Mithun, employees of Contra Costa County, and members of the community advisory committee that the Home Team has assembled (and paid stipends) to get their input on their resilience projects. This is their fifth and final time meeting before the Home Team presents its projects to the Resilient by Design jury. Right now, they’re studying colorful posters that show three of the projects the Home Team is proposing. The first is a “horizontal levee,” a wide, gently sloping strip of coastal land that would serve the same purpose as a more traditional, wall-type levee, but would also provide space for buffering coastal marshes to migrate inland as the Bay water rises. This would go between Wildcat and San Pablo creeks, at the very edge of the Bay, and would protect both a wastewater treatment plant and an industrial park to the west of town. The second project is an upgrade of the trail that runs along Wildcat Creek. An improved trail would connect the Richmond BART station and the center of Richmond to the east and the Bay Trail to west via a new pedestrian bridge over Richmond Parkway (four to six lanes, speed limit 50 mph). The third project is simply an effort to provide more affordable, community-owned housing, as well as “20,000 Trees of Justice,” to be planted along Richmond Parkway and in groves throughout the community.

Right now, it seems that sea level rise is not the most concerning thing about living in North Richmond. When the meeting breaks into group discussion, a man in a maroon suit named Henry Clark, whom everyone calls Dr. Clark, points out that the pedestrian bridge over Richmond Parkway might attract sketchy characters. North Richmond, he says, is where people come to pick up prostitutes, to buy drugs. The community is plagued by violence. “We haven’t talked too much about the public safety aspect of it,” he says. “That has to be part of it.” After the general discussion people around the room take turns talking about what they are most excited about, which, mostly, is affordable housing. “I definitely like all the ideas,” says Princess Robinson, one of the community advisers. “I just had a question—can you do all three? Or are you just choosing one out of the three?”

150 “I think all three have ways forward,” says Debra Guenther, a partner and landscape architect at Mithun, “but it’s definitely going to be a collective effort to figure out how that happens.”

At times, the design team and the people they are designing for seem to be working toward somewhat different goals. Partway through the discussion, Guenther asks what the group thinks of the title the Home Team came up with for the project: “R-Home.” The letter R, Guenther explains, can be read as either “our” or “Richmond” or “reclaiming.” “We’d love to hear if that sounds right to people,” she says.

“I feel like it’s less important,” says Sequoia Erasmus, director of community engagement in the office of Richmond mayor Tom Butt. “It helps your branding, but I don’t know if it should be decided right now.”

“I’m not too sure about the catchy phrase,” Dr. Clark says.

After the meeting, I ask Dr. Clark about sea level rise. He was born in North Richmond in 1944 and has lived here ever since. “I don’t think a lot of people in this community really know about sea level rise in a global sense,” he says. “But they do know about flooding.” Until about 10 years ago, when the county raised a levee around the north edge of town and widened the creekbed, San Pablo Creek often overflowed, flooding part of the town. “Every time it rained,” he says.

In South San Francisco the HASSELL+ team turned a former historic bank building into a design and education center for the public. Placing an enlarged photo of the city that shows Colma Creek flowing under Highway 101 toward the Bay, they invited residents to tell stories about area flooding using Post-it notes. The team ultimately proposed a variety of ideas, including widening the canal to prevent flooding and create access to Colma Creek, as well as a parkway from Orange Memorial Park to the Bay. (Design drawing courtesy HASSELL+)

I have to confess: a part of me wonders about the whole Resilient by Design contest. I wonder—in a world of climate change and melting ice sheets and extinction and overpopulation and political stagnation—about how a design contest with no money attached to it really changes the balance. I wonder whether a few months is actually enough time for the teams to come up with anything meaningful and new, and also whether there will ever actually be something called a hyper-creek. I wonder whether anyone but a designer gets excited about a design contest.

I ask Andy Gunther, a member of the contest’s scientific advisory panel, whether the contest really matters, and he acknowledges that some people would be cynical about it. “Designers, they’re really good at drawing these pictures. There’s always smiling people in these pictures,” he says. But Gunther, like most everyone else I spoke with about Resilient by Design, sees the contest in a more charitable light. He says it would be useful even if none of the projects get built: “In 10 years, we’ll look back and say, ‘Are any of these designs under construction?’ I don’t know, but I do think the images they create, the designs they create, are going to help us think in new ways about the future Bay Area, and I think that is a very valuable product.”

John Rahaim, the San Francisco planning director, agrees. “Some of the designs will be quite bold, and people will roll their eyes and say we can’t do them,” he says. But by pushing the bounds of what’s realistic, he adds, the designers might come up with something new and useful. “The entire planet will have to deal with this in some fashion, so as a starting point, why not get some great minds on it?”

151 Robin Grossinger, an S.F. Estuary Institute senior scientist and member of the scientific advisory panel, cautions against judging the contest’s success by the number of its projects that get built. “It’s going to take an inordinate amount of resources, money, public will, adaptability, flexibility, creativity to solve the challenge of redesigning the shoreline,” he says. “We don’t have all that assembled yet. So I think, [regarding] Resilient by Design, it’s not fair to ask them to solve that whole problem.” Instead, he suggests, judge the contest by the usefulness of its ideas. It’s easy to imagine how we wind up further cut off from the Bay, living in accidental New Orleans, surrounded by water but separate from it, hostage to it. The task of Resilient by Design, in a sense, is just to imagine how we don’t.

The members of the Home Team, at least, seem earnest about the solutions they are proposing. A week after my visit to the North Richmond community meeting, I join Mithun’s Debra Guenther and Tim Mollette-Parks at the company’s offices in San Francisco’s Financial District. They discuss small tweaks to their plans, incorporating suggestions from community members. They talk about steelhead-spawning habitat and traffic dynamics at crosswalks, county zoning and native trees, eelgrass and potential sources of sediment for marsh construction, along with the video that they’ll use to present their projects to the Resilient by Design contest judges. Sea level rise, it’s worth pointing out again, is tremendously complicated.

As the meeting is wrapping up, Sandy Mendler, a principal at Mithun, comes into the room to tell me about the firm’s plans for creating affordable housing in North Richmond. By subdividing plots to create denser housing, taking advantage of the area’s wealth of abandoned buildings, and using local labor, she explains, the community would boost local ownership, begin a “cycle of reinvestment,” and hopefully prevent the gentrification and displacement that often accompanies redevelopment. Community-owned housing isn’t a new idea, exactly, but she explains it with an intensity and depth of detail that defies skepticism.

But again, there is the problem of funding. This is less certain. Some of the money might come from federal housing grants, Mendler says, or be lent by banks. There are local housing programs, too, that might help pay for some of the work. Earlier, when I asked Amanda Brown-Stevens, the Resilient by Design managing director, about where the contest’s projects might find funding, she mentioned Caltrans climate adaptation grants and Measure AA. The measure, which Bay Area voters passed in 2016, uses a $12 parcel tax to raise $500 million over the next two decades for shoreline projects around the Bay. “The region was willing to tax itself for restoration and climate efforts,” she says. “That really showed the potential to actually implement projects without relying on disaster relief funding.”

Larry Goldzband, executive director of the San Francisco Bay Conservation and Development Commission (BCDC), says members of the commission plan to meet with Resilient by Design teams, to help advise them on how to carry their projects forward. “We want them to graduate from the project and have somewhere to go,” he says. Compared to the entries in Rising Tides, a design contest that BCDC put on a decade ago, Resilient by Design’s projects seem both useful and feasible, he adds. (One of the entries in the earlier competition was an inflatable bladder that would seal off the entry to San Francisco Bay.)

Still, even with widespread support, funding willing likely be a challenge. “This is an enormous problem that will come with an enormous cost,” John Gioia says, a Contra Costa County supervisor whose district includes North Richmond; the Resilient by Design contestants aren’t the only ones who may struggle to find funding. But Gioia wouldn’t rule out some of the projects actually getting built. “We can’t get the money if we haven’t fully planned what we want to do,” he notes. “So you know, we start one step at a time.”

152 Encompassing 20 miles of South Bay shoreline from Menlo Park to Santa Clara, the concept proposed by the Field Operations Team would restore tidal marsh (or create a “sponge”) to large amounts of low-lying areas through land swaps, building up soil levels around important real estate, dense urban development, and restoring creeks with added parks. (Design drawing courtesy The Field Operation Team)

In early May, I make another trip to Richmond, this time to Point Pinole. At the urging of Paul Detjens, a senior civil engineer at the Contra Costa County flood control and water conservation district, I walk from the parking lot, across a bridge over the railroad tracks, and out along the Bay Trail to the Dotson Family Marsh. The marsh, long the target of developers, was acquired by the East Bay Regional Park District in 2008 and reopened in the spring of 2017, after a $14 million restoration. As part of the restoration, workers graded the marsh so that its floral inhabitants could slowly migrate uphill, like in the horizontal levee that the Home Team is proposing for the area north of San Pablo Creek. As the sea level rises, the plants will push inland toward the railroad tracks, but won’t disappear, at least not in the next 80 years. “It’s a park that’s going to be resilient for generations to come,” Detjens says. “They put a lot of thought into that.”

Today, the elevated concrete walk that runs across the inland edge of the marsh, parallel to the railroad tracks, is nearly empty. Back across the tracks, I can see the rooftops of low-lying Parchester Village. To the south, I can see the spires of the Chevron refinery. The marsh itself, at present four or five feet below the walk, looks natural, in the normal scrubby-marshy way; if Detjens hadn’t told me it was also a carefully sculpted park, I wouldn’t have figured it out on my own. Little alluvial channels run toward the Bay, a couple feet deep, showing the distance to sea level.

I look out across the water, at the point of Mount Tamalpais, then down at the edge of the Bay, now 400 miles long but getting longer. The Resilient by Design teams unveiled their projects on May 17 in San Francisco. They proposed upgraded schools and paths, expanded parks and elevated roadways, and, of course, a hyper-creek. Some of the projects might be built as proposed. Some might be used as inspiration for other, later projects. Some might even be replicated around the Bay, as the marsh/horizontal levee behind me will likely be. Others will probably be just a pretty design.

I climb over the pieces of asphalt, descending a final few feet. I’d hoped to reach the Bay itself, to stand at the place where the sea meets the land, but the tide is out and there’s just mud. The water is still far away.

Zach St. George is a reporter in Oakland. He writes about science and the environment and is currently working on a book about the future of forests.

153 Desaulnier, Harris, Feinstein introduce bill to give Contra Costa Canal to water district By Aaron Davis | [email protected] | Bay Area News Group PUBLISHED: June 15, 2018 at 5:10 pm | UPDATED: June 15, 2018 at 7:24 pm Dan Rosenstrauch /BANG Archives

A bicyclist rides along the Contra Costa Canal trail in Contra Costa County. Contra Costa Water District officials want to upgrade the 48- mile aqueduct that serves half a million county residents but want to first take ownership of it before investing hundreds of millions of dollars in the aging system.

MARTINEZ — The Contra Costa Water District is looking to upgrade the 48-mile aqueduct that serves half a million county residents, but to invest millions in the aging system, it first wants to own it.

Last week the state’s U.S. Sens. Dianne Feinstein and Kamala Harris introduced SB 3001 to Congress alongside parallel legislation in the House — HR 6040 — by U.S. Reps. Mark Desaulnier, Mike Thompson and Jerry McNerney. Both bills would transfer ownership of the 80- year-old canal system to the water district.

The water district has operated the system since 1972 and fully paid off the canal, the Shortcut Pipeline, two reservoirs and other facilities in 2010, a district news release said. Now it’s looking to get started on its next-generation project: the Main Canal Modernization, which would replace a 26-mile stretch of the canal from the district’s Rock Slough intake in Oakley to Clyde with a metal pipeline.

“For those investments to be made, CCWD is awaiting ownership of the canal system,” CCWD Board President Lisa Borba said in a news release.

The canal was built between 1937 and 1948 as part of the Central Valley Project and conveys Delta water from its intake in eastern Oakley through the four East County cities over to Clyde as part of the Main Canal. Then the Loop Canal runs down Central County to Walnut Creek and back up to the Martinez Reservoir.

Its original intention was for irrigation for the farms and orchards that dotted the landscape in the 1930s. After World War II, developments replaced the farms. The open canal was great for farming, but the urbanization of the area has created problems. In its 80-year-history, 81 people

154 have drowned in the canal after misjudging the aqueduct’s fast current and slick walls. Storm runoff spills silt and pollutants from the increasing amount of pavement and roofs.

Landslides and earthquakes damage the canal and evaporation takes 6 percent of the water along the way, officials estimate.

In July of 2017, officials estimated that the project could cost up to $480 million and that $1.8 million had already been spent.

Canal replacement work has been ongoing at the district for the past nine years. In 2009, the district replaced 1,900 feet of canal from the Pumping Plant No. 1 in Oakley to Marsh Creek in the east for a price of $19.3 million, with $14 million of that coming from grants. The second segment replaced 6,000 feet of canal from Marsh Creek to Sellers Avenue for $20.7 million, of which $9.9 million was from grants.

Work on the third and fourth segments, which run from Sellers Avenue and East Cypress Road in Oakley, will finish up in December and will have replaced 5,500 feet of canal with a 10-foot diameter reinforced pipe. The total cost of the third and fourth segments will be $19.4 million, with $14 million coming from Proposition 84 funding.

Though some work has begun, the district is still wary of investing $480 million in a canal system that would be owned by the federal government.

“When you’re talking in the hundreds of millions, especially when you’ve paid off the facility, we would feel more comfortable investing in it, and hopefully customers will too if we had ownership,” said Jennifer Allen, public affairs director for CCWD.

The two bills also have support from the East Bay Regional Park District and local recreation managers, since transferring it to local owners would assure local maintenance work is done. The canal system has recreational trails, including the Contra Costa Canal Regional Trail in Concord and Contra Loma Reservoir and Regional Park in Antioch.

155 The Bay Area's Best Hikes by Region By Outdoor Project | Jun 15, 2018 The Bay Area is a hiker's paradise (duh, that's why most of us live here). Countless trails weave and wander through chaparral, oak savannah and redwood–filled ravine landscapes. From one bend of a trail to the next, you'll see remnants of old redwood forests and sweeping ocean views.

In our Mediterranean-like climate, flowers bloom year round and the high-pitched chirps of hummingbirds are never far away. And while it's rare to find yourself all alone on a trail, the crowds are well dispersed with so many hikes to choose from.

The biggest concern for many people is the proliferation of poison oak, especially in impacted areas and on overgrown sections of trail, so wear long pants if you're vulnerable to the plant's effects.

The following trails are some of the best to visit in the Bay Area. They've been organized into three areas, the including the Santa Cruz Mountains, Marin and Point Reyes north of San Francisco, and the East Bay outside of Oakland and Berkeley.

Mt. Diablo summit tower.(Aron Bosworth)

East Bay

Mount Diablo is the highest point in the East Bay, reaching 3,849 feet. The Summit Visitor Center stone rotunda can be reached by hiking via various trails or driving up to Mount Diablo's summit; one hike from Mitchell Canyon is a wonderfully scenic but surprisingly arduous 6.8- mile hike to the top. And if you want to avoid crowds and still get an amazing hike in Mount Diablo State Park, the Eagle Peak Loop is another good climb with great East Bay views. In the hills east of Berkeley, Tilden Park has some of the best views of the Bay Area. From here, you can look out across Berkeley and see both the Bay Bridge and Golden Gate Bridge as they frame to San Francisco's skyline. The hikes are by no means arduous, but what they lack in effort they make up for with those magnificent views. The Nimitz Way Trail and Arroyo Trail in are two great options. Briones Regional Park, northeast of Berkeley, is another East Bay gem with lots of trails and hills covered in wildflowers.

156 June is traditionally the month for weddings. And the East Bay Regional Park District offers a variety of beautiful settings, both indoors and outdoors, for the day of days.

Probably the most popular indoor venue is the Brazilian Room at Tilden Regional Park near Berkeley. Originally the Brazilian government's exhibit at the World's Fair on Treasure Island in 1939, the building features beautiful wood paneling, a WPA-built stone exterior, and a patio with views across a spacious lawn to surrounding hills.

However, the Brazilian Room tends to be booked for events months in advance. In fact Saturdays are booked through October 2019, though some Friday and Sunday dates are still available. Other great indoor venues are the Beach House at Temescal Regional Recreation Area in Oakland, Fern Cottage at Kennedy Grove in El Sobrante, and the Shoreline Center at Martin Luther King, Jr. Regional Shoreline in Oakland.

If you are planning an outdoor wedding, there are beautiful lawns and gardens at Ardenwood Historic Farm in Fremont. Other popular sites include Newt Hollow, a shady picnic area and small amphitheater at Briones Regional Park near Orinda; several picnic areas at Kennedy Grove; Lichen Bark picnic area at Del Valle Regional Park south of Livermore; and Loma Island at Contra Loma Regional Park in Antioch. There are also scenic picnic areas at Tilden Regional Park near Berkeley. And there are attractive sites at Redwood Regional Park in Oakland.

These are just a few of the venues available. All can be reserved, or more information can be obtained, by contacting the Park District's Reservations Department at 888-327 -2757, option 2. The reservations staff is always glad to help with information and recommendations. * * * The Park District's Trails Challenge program is celebrating its 25th anniversary this year. And it's not too late to enroll in this free, self-guided, enjoyable way to explore new regional parks on foot, bicycle or horseback.

While supplies last, the printed guidebook and T-shirt are available at Park District visitor centers, though you should call first to be sure. You can download the guidebook from the Park District website, www. ebparks.org. Go to http://www.ebparks.org/TC for more information and to use the AllTrails app.

No registration is necessary. Just complete any five of the listed trails, or 26.2 miles of listed trails, and turn in your log to receive a commemorative pin.

For an easy hike, check out the Meadowlark Ridge Loop at Waterbird Regional Preserve off I- 680 near Martinez. The Calaveras Ridge Trail at Dublin Hills Regional Park is a bit more strenuous. And for a really challenging trek, take on the Ringtail Cat/Madrone/Las Trampas Ridge/Corduroy Hills loop at Las Trampas Regional Wilderness in San Ramon. Pack lunch and water for that one; it's all steep up and down. * * * Apart from weddings, June brings all kinds of programs to the regional parks. For example, Outdoor Discoveries is in session from 10:30 a.m. to noon on Mondays, June 11 and 18 at Sunol

157 Regional Wilderness. It's a pre-school and home school nature series led by naturalist Ashley Adams.

Deer are the topic on June 11; the sun is featured on June 18. The programs are free, but registration is required. To register, call 888-327-2757. Select option 2 and refer to program 20705 for deer, 20708 for the sun.

Or you can take Dad to Sunol for a 3.5-mile hike from 10 a.m. to 1 p.m. on Father's Day, June 17.

Sunol is at the end of Geary Road off Calaveras Road, five miles south of 1-680 near the town of Sunol. Call 510-544-3249 for information.

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Hiking -- a Deus family tradition Murietta Falls stands out in Father's Day memories Uploaded: Thu, Jun 14, 2018, 5:56 pm | by Dolores Fox Ciardelli / Pleasanton Weekly John and Tom Deus on a Father's Day hike to Velma Lakes in Desolation Valley west of Lake Tahoe. (Contributed photo)

John Deus took this photo of Murietta Falls after the arduous hike revealed it cascading in all its glory Feb. 18, 2009. (Contributed photo)

Pleasanton resident John Deus and his son Tom began a tradition years ago to enjoy hikes together every Father's Day, sometimes even backpacking the entire weekend.

"One of our most interesting Father's Day backpacking trips was a three-day trip around and up to the tree line of Mount Hood in Oregon," John Deus recalled.

Tom now lives in Portland, where he specializes in walking tours of the area; he also spends six months of each year traveling the world, which is documented on his adventure website: www.wanderlustmoments.com/traveling-the-world.

John Deus wrote this piece about his climb to the local Murietta Falls in the Ohlone Regional Wilderness when the falls were running rapidly, and he noted that he had also made the hike with his son Tom on Father's Day 2006.

"We arrived at Murietta Falls only to find it flowing at barely a trickle," he wrote. "Despite this big disappointment, we still had a great time and a great day together."

Murietta Falls, a hidden gem By John Deus

Little known and only rarely seen, the Bay Area's highest waterfall lies hidden away in the southern Alameda County wilderness where few venture.

Murietta Falls, named after Joaquin Murietta, a legendary outlaw of the 1800s, is set in the Sunol-Ohlone Regional Wilderness, where a free-flowing creek falls through a rocky gorge, in all a 100-foot waterfall, the longest waterfall in the Bay Area.

Upstream, more small pools and cascades await, and along with Murietta Falls, they make this a destination like nowhere else in the East Bay.

159 The key, of course, is hitting it right when the waterfall is a cascading torrent and the view of it is breathtaking. The good news is that the trail is well-signed, and a map is provided with your wilderness permit by the East Bay Regional Park District.

Hit it wrong and none of that will matter long. The only thing breathtaking will be the climbs required to reach the spot and get back.

Why do so few people know about this place? Getting there requires a butt- kicker of a hike: It's 5.5 miles one way, most of it climbing a terribly steep ridge. You'll first ascend 1,600 feet in just 1.5 miles, the worst stretch of the Ohlone Wilderness Trail.

The route tops out at Rocky Ridge, drops 500 feet in 0.5 miles into Williams Gulch, then climbs again even higher, another 1,200 feet toward Wauhab Ridge. From the trailhead, you will gain as much as 3,300 feet in elevation before turning right on the Springboard Trail (signpost 35).

From there it's one mile to the waterfall. Walk along a ridge about a quarter of a mile, then turn left on the Greenside Trail, which descends into a valley and to the falls.

Unfortunately, you can't get a clear view of Murietta Falls from the Greenside Trail. A cutoff route is available that leads to a good viewing area. This unsigned side road/trail off the Greenside Trail is located past the stream. Turn right on this road/trail, which drops in a looping turn down to the floor, providing a better view of the cascade feeding through a rocky gorge into the plunge pool.

When Murietta Falls first comes into view, it stands in contrast to the East Bay hills, a grassland/oak habitat where one does not expect to find steep cliffs and waterfalls. But there it is, all 100 feet.

In the springtime the rapidly greening hills frame the falls, providing a spark of freshness, only a few miles from suburbia, concrete and traffic jams. But given the difficulty of the hike, many are disappointed by how little water there can be here. It can be like a bad joke, where you stay with it all the way to the end only to be disappointed.

Even in big rain years, the creek is reduced to a trickle by early summer and sometimes even goes dry. In addition, it gets hot out here in the summer, really smokin', like 100-plus degrees.

By July the hills are brown, the waterfall has disappeared, and only the ghost of Murietta remains to laugh as you struggle on the 3,300-foot climb.

160 Uploaded: Wed, Jun 13, 2018, 11:40 am City working to update Trails Master Plan Community hike next Wednesday part of public input process by Jeremy Walsh / Pleasanton Weekly

Pleasanton city officials and consultants are continuing their efforts to modernize the city's Trails Master Plan, the policy document that outlines objectives and strategies for Pleasanton's entire public trail system.

The initial master plan draft is available online now for resident review and comment through the end of this month, with the goal of finalizing the draft in the weeks afterward and recirculating it for more public input before bringing the final document to the City Council for consideration by year's end, according to city staff.

"There is a lot here, and a lot's been accomplished," Vice Mayor Arne Olson said when the City Council received an update on the plan drafting process last month.

"My view is this really speaks to the quality of this community, that we've got residents, prior councils, a current council and we've got staff that really cares about this. It really says a lot about Pleasanton," Olson added.

The city's first Community Trails Master Plan was created in 1993, designed to serve as a guide for future trail development and a tool for long-range planning. Pleasanton now has about 90 miles of trails, with another 60 miles proposed.

Last year, the council adopted the new Bicycle and Pedestrian Master Plan, which included some focus on Pleasanton's on-street trails among other transit topics, but city leaders also recognized the need for holistic planning for the trails system, on- and off-road.

"A lot has changed in Pleasanton in the 25 years since the last Trails Master Plan was adopted and we wanted to ensure that our trail system receives the attention it deserves," city landscape architect Matt Gruber said in a statement after presenting to the council May 15.

"The Trails Master Plan addresses the off-street trails and is intended to supplement the Bicycle and Pedestrian Master Plan so that we have a seamlessly integrated system of trails, paved and unpaved alike. This will not only encourage alternative methods of commuting but also entice residents and visitors alike to get outside and get active," he added.

The Trails Master Plan, being drafted by city staff with consultant firms TrailPeople and Fehr & Peers, will include background on the city's trail system, city goals and objectives, proposed policies, trail system design, implementation steps, project rankings and more.

A key trails priority will be connections, whether closing gaps among regional trails (such as connecting Iron Horse Regional Trail to Shadow Cliffs Regional Recreation Area) or improving trail connections between schools, around bridges and to the Pleasanton Ridge, Gruber said.

161 "The way we connect those (city trails), and we connect those regionally, I think we'll have a wonderful trails system. So I really look forward to this master plan," Councilman Jerry Pentin said last month.

Having an updated plan in place will also help the city become more competitive for county and state funding available for trails project, sources such as Senate Bill 1 transportation funds, Proposition 68 parks bond and Regional Measure 3 monies, Gruber said.

The 200-plus-page initial draft features months of research and public input compiled since last year, in addition to direct outreach to city's parks and bike-ped committee, East Bay Regional Park District and Tri-Valley Conservancy.

An online survey was issued last winter, and city staff have hosted community hikes at local trails as part of gathering feedback from residents. The next community input hike is set for next Wednesday (June 20) at 9 a.m. at the Marilyn Murphy Kane Trail main parking lot at 3200 West Lagoon Road.

Comments can also be posted online through June at www.pleasantontrails.com, where a copy of the initial master plan draft can be accessed. There will be more chances for citizen input in the months ahead when the final draft is released and shared at public meetings before the council debates adopting the master plan in late fall or early winter.

162 AVISOS CLASIFICADOS Oakland adopta límites al Trabajos, apartamentos, avisos uso de popotes de plástico públicos, autos y más Página 7 P ágINA 5

510-863-4982 • [email protected] www.VisionHispanaUSA.com Mayo 2018 Año 14

Joven del mes de Hayward: Sophia Pigman Sophia Pigman es una alumna de 13 años de edad, talentosa, segura de sí misma y tímidamente modesta en la escuela Faith Ringgold Arts & Sci- ence. También es una joven artista talentosa... PASA A LA PÁGINA 8

GENTE es un programa único que apoya la salud y felicidad de muchos GENTE is a unique program that supports the health and happiness of hispanos en el Este de la Bahía. Photo: Min Lee, East Bay Regional Park many Hispanics in the East Bay. Photo: Min Lee, East Bay Regional Park District. District. Caminando hacia el Walking to wellness

By Brenda Cruz derful program has not only made me excited about life, but now I can bienestar ¡Si se puede, si se puede! actually bend down to pick something A familiar chant rang through the up.” Los médicos entrenados en el Por Brenda Cruz “Siempre he hecho ejercicio de winding paths of the East Bay hills. Bazan was one of 47 individu- una manera u otra, pero después de mi The voices were joyful, energized, als who participated in PASITO, extranjero pueden aliviar la ¡Si se puede, si se puede! lesión, no pude y estaba subiendo de determined. Marching feet hit the ter- Un canto familiar sonó a través a research study conducted by the peso”, dijo Flor Bazan, ama de casa rain at different paces but were unison East Bay Regional Park District escasez de Estados Unidos de los sinuosos caminos de las coli- de 55 años de Richmond. “Este mara- in spirit. Something big was happen- nas del Este de la Bahía. Las voces (EBRPD), San Francisco State Uni- Una ola de médicos pronto colgará sus este- villoso programa no solo me ha entu- ing here. For many, it was something versity (SFSU) and the Latina Center eran alegres, con energía, decididas. siasmado con la vida, sino que ahora groundbreaking. toscopios. Más de un tercio de los médicos tendrá Los pies que marchaban golpeaban el in Richmond. In Spanish, PASITO 65 años o más en una década. Sus jubilaciones, puedo inclinarme para buscar algo”. “I’ve always exercised in one means small step and is an acronym terreno a diferentes ritmos, pero eran Bazan fue una de las 47 perso- way or another but after my injury, I junto con el envejecimiento de nuestra población, al unísono en espíritu. Algo grande for “Promoting Activity and Stress significan problemas para el sistema de salud. nas quienes participaron en PASITO, couldn’t and I was gaining weight,” Reduction in the Outdoors.” The pro- estaba sucediendo. Para muchos, fue said Flor Bazan, a 55 year old house- Más del 40 por ciento de esa escasez estará en algo innovador. atención primaria... PASA A LA PÁGINA 6 PASA A LA PÁGINA 3 keeper from Richmond. “This won- CONTINUED ON PAGE 2 El optimismo de la pequeña empresa en el Área de la Bahía va en aumento Por Elena Miramar Los empresarios locales son Comensales disfrutan de cada vez más optimistas con re- los platillos y bebidas del specto a la economía, el crecimien- Restaurante Los Moles en el to y los ingresos de sus negocios Este de la Bahía. cuando miran hacia el futuro, según El reciente informe de Dueños el informe de Dueños de Peque- de Pequeños Negocios de ños Negocios de Bank of America Bank of America muestra que Business Advantage de la primav- los empresarios locales y los era de 2018. propietarios de pequeñas El informe, basado en una en- empresas son cada vez cuesta semestral de 1,000 dueños de negocios pequeños en todo el más optimistas sobre el país y en el Área metropolitana de futuro cuando se trata de la economía, el crecimiento y los PASA A LA PÁGINA 5 ingresos de sus negocios.

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