Board Meeting Packet July 15, 2014

Clerk of the Board ALLEN PULIDO

(510) 544-2020 PH

(510) 569-1417 FAX MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT East Bay Regional Park District

Board of Directors

AYN WIESKAMP President - Ward 5 The Regular Session of the JULY 15, 2014 WHITNEY DOTSON Board Meeting is scheduled to commence at Vice-President - Ward 1 2:00 p.m. at the EBRPD Administration Building, 2950 Peralta Oaks Court, Oakland, CA TED RADKE Treasurer - Ward 7 DOUG SIDEN Secretary - Ward 4 BEVERLY LANE Ward 6 CAROL SEVERIN Respectfully submitted, Ward 3 JOHN SUTTER Ward 2 ROBERT E. DOYLE General Manager ROBERT E. DOYLE

General Manager

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

AGENDA

REGULAR MEETING OF JULY 15, 2014 BOARD OF DIRECTORS The Board of Directors of the East Bay Regional Park EAST BAY REGIONAL PARK DISTRICT District will hold a regular meeting at the District’s Administration Building, 2950 12:45 p.m. ROLL CALL (Board Conference Room) Peralta Oaks Court, Oakland, CA, commencing at 12:45 p.m. PUBLIC COMMENTS for Closed Session and 2:00 p.m. for Open Session, on Tuesday, July 15, 2014. CLOSED SESSION Agenda for the meeting is A. Conference with Labor Negotiator: listed adjacent. Times for agenda items are approximate only and are subject to change Agency Negotiator: Robert E. Doyle, Dave Collins, during the meeting. If you wish Jim O’Connor, Sukari Beshears to speak on matters not on the Employee Organizations: AFSCME Local 2428 / Police Association agenda, you may do so under Unrepresented Employees: Managers and Confidentials Public Comments at either the beginning or end of the agenda. If you wish to testify on an item B. Conference with Legal Counsel: on the agenda, please complete a speaker’s form and submit it 1. Liability Claim: to the Clerk of the Board. A copy of the background a) Claim of Springhouse Apartment Homes, LLC materials concerning these agenda items, including any material that may have been 2. Existing Litigation – Subdivision (a) of Gov’t Code Sec. 54956.9: submitted less than 72 hours before the meeting, is available a) EBRPD v. City of Alameda et al., Alameda County for inspection on the District’s Superior Court Case No. RG 12655685 website (www.ebparks.org), the Administrative Building reception desk, and at the b) In the Matter of Armand Borel, Contra Costa County meeting. Superior Court Case No. P09-01129 Agendas for Board Committee Meetings are available to the 2:00 p.m. OPEN SESSION (Board Room) public upon request. If you wish to be placed on the mailing list PLEDGE OF ALLEGIANCE to receive future agendas for a specific Board Committee, A. APPROVAL OF AGENDA please call the Clerk of the Board’s Office at (510) 544- 2020. B. 1. SPECIAL PRESENTATION District facilities and meetings Presentation of the official Oral History to Directors comply with the Americans Doug Siden and John Sutter with Disabilities Act. If special accommodations are needed (Johnson/Doyle) for you to participate, please contact the Clerk of the Board 2. PUBLIC COMMENTS as soon as possible, but preferably at least three working days prior to the meeting.

2:15 p.m. C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of June 2, 2014 to June 15, 2014 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board meeting of June 3, 2014 (knight) (No Cost) c. Authorization to Transfer Funds for Land Acquisition Department Projects (Musbach/Nisbet) (Resolution) (Budget Change) d. Authorization of an Application Submitted for Federal Grant Funds for Public Access Improvements: Concord Naval Weapons Station to Black Diamond Mines Regional Trail (Rasmussen/Collins) (Resolution) (No Cost) e. Authorization to File an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Project: Pinole Shores to Bay Front Park Bay Trail (Rasmussen/Collins) (Resolution) (No Cost) f. Authorization to Enter into a Contract with the Department of Veterans Administration to Provide Policing Services on Federal Property: Alameda Point (Rasmussen/T. Anderson/Collins) (Resolution) (Revenue) g. Authorization to Appropriate Funds and Accept the Bid for Construction of Morrison Canyon Staging Area: Vargas Plateau Regional Park (Bates/Althoff) (Resolution) (Budgeted Funds) h. Authorization to Purchase a CXT Cascadian Vault Type Restroom: Vargas Plateau Regional Park (Bates/Althoff) (Resolution) (Budgeted Funds) i. Authorization to Purchase Four CXT Cascadian Vault Type Restrooms: Point Pinole, Black Diamond and Briones Regional Parks (Barrington/O’Connor) (Resolution) (Budget Change) j. Authorization to Transfer Board Contingency Funds for Buckeye Ranch Staging Area Improvements: Briones Regional Park (Ragatz/O’Connor) (Resolution) (Budget Change)

2:20 p.m. 2. PUBLIC SAFETY

a. PUBLIC HEARING An Ordinance of the East Bay Regional Park District Amending Ordinance 38 (King/T. Anderson/Victor) (Ordinance) (No Cost)

2:45 p.m. 3. OPERATIONS

a. Acceptance of the Camping Program Update (Ragatz/O’Connor) (Resolution) (No Cost)

3:15 p.m. 4. FINANCE AND MANAGEMENT SERVICES DIVISION

a. PUBLIC HEARING Approval of the Measure CC 2014/15 Tax Report and Proposed Measure CC Budget Revenues and Expenditures for 2015 (Jones/Auker/Collins) (Resolution) (Revenue)

b. Authorization to Appropriate and Disburse Funds Pursuant to a Legal Settlement with Hampton Court Homeowners Association et al. (Radosevich/Collins) (Resolution) (Budget Change)

3:45 p.m. 5. GENERAL MANAGER

a. Authorization of the 2014/2015 Tax Rate to be Levied by Alameda and Contra Costa Counties for the Payment of East Bay Regional Park District Measure AA and Measure WW General Obligation Bonds (Auker/Collins/Doyle) (Resolution) (Revenue)

4:00 p.m. 6. BOARD AND STAFF REPORTS

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

4:15 p.m. 7. GENERAL MANAGER’S COMMENTS

4:30 p.m. 8. ANNOUNCEMENTS FROM CLOSED SESSION

4:35 p.m. 9. BOARD COMMITTEE MINUTES a. EBMUD/EBRPD Liaison Committee (04-28-2014) (Sutter) b. Executive Committee (06-24-2014) (Wieskamp) c. Pinole/Hercules/EBRPD JPA (05-27-2014)

4:40 p.m. 10. BOARD COMMENTS

5:00 p.m. D. ADJOURNMENT

Page Left Blank Intentionally

6 CONSENT CALENDAR

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of June 2, 2014 Through June 15, 2014 (Rubaloff/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of June 2, 2014 through June 15, 2014.

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

7 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 –

July 15, 2014

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JUNE 2, 2014 THROUGH JUNE 15, 2014

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 June 2, 2014 through June 15, 2014.

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

8 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of June 3, 2014 (Knight)

9 Unapproved Minutes Board Meeting of June 3, 2014

The Board Meeting, which was held on June 3, 2014 at the EBRPD Administrative Building, 2950 Peralta Oaks Court, Oakland CA 94605 was called to order at 12:45 p.m. by Board President Ayn Wieskamp.

ROLL CALL

Directors Present: Ayn Wieskamp, President Whitney Dotson, Vice President Beverly Lane Carol Severin Doug Siden Ted Radke

Directors Absent: John Sutter

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

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

Staff Present: GM Robert Doyle, Jim O’Connor, Bob Nisbet, Dave Collins, Steve Myli, Mona Koh, Bob Nisbet, Jessica Lau, Michael Reeves, Raphael Breines, Nancy Kaiser, Mimi Waluch, Dan McCormick, Liz Musbach, Jim Townsend, Carol Johnson, Jeff Rasmussen, Police Chief Tim Anderson, Carol Victor, Michele Julene, Matt Graul, Brian Holt, Mark Ragatz, Diane Althoff, Josh Foster, Dave Hall, Katie Quick, Gretchen Rose, Alan Love, Matt Graul, Kim Fisher

A. APPROVAL OF AGENDA

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

Directors Present: Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Ayn Wieskamp. Directors Against: None. Directors Absent: John Sutter.

B. PUBLIC COMMENTS

Judi Martin & Natasha Mairo thanked the Board and staff for keeping Skyline Ranch open. They presented a “Thank You” poster on behalf of the Skyline Ranch community for the new roof.

Ellen Barth presented a 25 - second video clip from Sylvia McLaughlin, wherein Ms. McLaughlin suggested that the visitor center at the Brickyard segment of the McLaughlin Eastshore State Park be named in honor of Dwight Steele.

Several members of the public spoke in support of Sunrise Mountain Sports and its protest of the award of the Del Valle Watersports Concession to Outback Adventures. They also expressed concern regarding the omission of certain information in the minutes of the 2-20-14 Board Operations Committee meeting where the concession item was on the agenda.

10 Unapproved Minutes Board Meeting of June 3, 2014

AGM Operations, Jim O’Connor responded that the RFP process is competitive and not an evaluation of the services provided by Sunrise Mountain Sports, which were satisfactory. The parks are public facilities and staff’s intent was to seek the maximum recreational opportunities to expand services for the public. District Counsel Radosevich stated that the RFP does not allow for appeal and the Board’s action is final.

Director Wieskamp commented that the RFP process should be evaluated.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

Directors For: Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Ayn Wieskamp. Directors Against: None. Directors Absent: John Sutter.

C-1-a. Approval of District Check Listing for the Period of April 21, 2014 Through May 4, 2014 Resolution No. 2014 – 06-132 (attached)

C-1-b. Authorization to Enter into Contract with the Claremont Hotel in Connection with the East Bay Regional Park District’s 80th Anniversary Celebration Gala Resolution No. 2014 – 06-133 (attached)

Director Lane asked staff the reason for not having this celebration at a park. AGM Public Affairs Carol Johnson responded it is more costly to have the gala outdoors and requires that everything (tents, kitchen, etc.) be rented and brought into the park.

C-1-c. Authorization to Award a Contract to BKF Engineers to Conduct a Feasibility and Conceptual Engineering Study for the Niles Canyon Segment of the San Francisco Bay to San Joaquin River Trail: Niles Canyon Trail Resolution No. 2014 –06 - 134 (attached)

Director Siden commented that he is glad to see Niles Canyon moving forward. Director Lane asked how the SFPUC improvement in trails would link to Niles. Jim Townsend, Trails Development Manager, responded that SFPUC is a partner and park funder and is in the process of finalizing the design for the Alameda Creek Watershed Center and will involve a connection which will go along the ridgeline across Park District property.

C-1-d. Authorization to Extend and Update the Cooperative Agreement for the Loan of Federal Excess Personal Property (FEPP) with the State of California Department of Forestry and Fire Protection - CAL FIRE, Santa Clara Unit Resolution No. 2014 – 06 - 135 (attached)

Director Siden asked for an explanation of this item. Dan McCormick, Fire Chief, explained that the District would like to extend and update the Cooperative Agreement with CalFire which allows for Federal Excess Personal Property (FEPP) to be used.

11 Unapproved Minutes Board Meeting of June 3, 2014 C-1-e. Authorization to Hire a Network Manager at Step F of the MG02 Series in the Information Services Department, Management Services Division Resolution No. 2014 – 06 - 136 (attached)

C-1-f. Authorization to Enter Into a Contract For Services with Kevin Harper, CPA and Associates to Provide Interim Chief Financial Officer (“CFO”) Services Resolution No. 2014 –06 - 137 (attached)

C-1-g. Authorization to Apply to Pacific Gas and Electric for Fuels Management Grants, District Wide Resolution No. 2014 –06 - 138 (attached)

C-1-h. Authorization to Purchase Three Ford Vehicles Resolution No. 2014 –06 - 139 (attached)

C-1-i. Authorization to Purchase Sixty Eight (68) LED Bay Lights and Occupancy Sensors for Pacheco Service Yard Resolution No. 2014 –06 - 140 (attached)

2. LAND DIVISION

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

Directors For: Whitney Dotson, Beverly Lane, Carol Severin, Doug Siden, Ayn Wieskamp, John Sutter. Directors Against: None. Directors Absent: Ted Radke.

C-2-a. Authorization to Accept from the Regional Parks Foundation Fee Interest in 296.40± Acres of Real Property to be Donated by the Patterson Family, and Transfer Funds for Associated Costs: Coyote Hills Regional Park Resolution No. 2014 – 06 - 141 (attached)

Bob Nisbet, AGM for Land Division, acknowledged the 25 year history of this acquisition. Mr. Nisbet thanked the Patterson Family, Wil Patterson, GM Doyle, local citizens, community groups, Citizens for Coyote Hills, City of Fremont, Carol Victor, Brain Holt, Michael Reeves, Liz Musbach, staff and the Regional Parks Foundation (Foundation). The Powerpoint presentation of this approximately 300-acre Foundation donation highlighted its amenities.

Director Lane asked who conducted the historic evaluation of the buildings. Michael Reeves, Land Acquisition Specialist, responded that it was done many years ago by the Patterson family. Director Siden noted that this is the most significant land donation in history. GM Doyle pointed to the $10 million value of this significant donation from the Foundation. Director Wieskamp admired staff tenacity. Director Lane congratulated staff on agreement to allow home developer to build a trail and City to maintain it, staff and the press conference. Director Weiskamp credited the City of Fremont for easements.

3. PLANNING AND STEWARDSHIP

By motion of Director Severin and seconded by Director Wieskamp, the Board voted unanimously to approve Item C-3-a:

12 Unapproved Minutes Board Meeting of June 3, 2014

C-3-a. Adoption of an Addendum to the 2008 Mitigated Negative Declaration and Revised Mitigation Monitoring and Reporting Program for the Vargas Plateau Regional Park Land Use Plan Resolution No. 2014 – 06 - 142 (attached)

Raphael Breines, Acting Chief of Planning & GIS Services, explained, using a Powerpoint presentation, the reason for adoption of this item to document the minor technical changes to the 2008 Mitigated Negative Declaration in accordance with California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164, stating that this is a high priority project for the district.

Director Lane asked if new ponds have to be created for mitigation. Mr. Breines replied there are already seven (7) existing ponds and three (3) are proposed to be restored to offset potential effects to species habitat. Director Lane questioned the significance of the reference to the District for the Eastern Alameda County biological opinion. Mr. Breines said that staff are submitting the permits under this conservation strategy and GM Doyle added it is adopted by both Fish & Game and Fish & Wildlife Service, is short of an HCP and expedites the permit process. Director Lane also asked about the bare hand requirement to remove salamanders. Matt Graul, Chief of Stewardship said that using bare hands is standard practice to protect salamanders.

4. BOARD AND STAFF REPORTS

GM Doyle reported on the items listed on the staff report. He acknowledged Erich Pfuehler, Legislative Affairs Manager and Peter Umholfer, the District’s Washington representative, for help on legislation and Brain Holt, Senior Planner, for his work with the Concord Naval Weapons Station as they all worked very hard and cooperatively. Director Lane also thanked Mr. Holt for his work and expressed its significance.

5. GENERAL MANAGER’S COMMENTS

Sgt. Dave Hall gave a presentation on the District’s Critical Incident Stress Management Program which consists of the chaplaincy group, peer support, District employee assistance program, the professional assistance, training provided and professional affiliation. He also acknowledged Water Utilities Maintenance Supervisor Richard Guest for his work.

Police Chief Anderson commented that the Critical Incident Program serves as a model to the community and presented a Distinguished Service Medal to Sgt. Dave Hall.

Director Lane commented that staff listen to the recording of the Operations Committee Meeting minutes so that more detail can be included

6. ANNOUNCEMENTS FROM THE CLOSED SESSION

There were no announcements from the Closed Session.

7. BOARD COMMENTS

Director Siden reported on meetings attended. Director Siden  Conducted his staff appreciation event for Crab Cove staff  Attended May 14 ACSDA meeting in Castro Valley  Attended May 14 Alameda County Mayors Conference in Alameda  Attended May 20-21 Legislative Days in Sacramento

13 Unapproved Minutes Board Meeting of June 3, 2014  Attended May 23 Capital Trails Workshop  Attended the May 28 Finance Committee meeting  Attended May 29 EB EDA Spring Membership meeting  Attended Friends of Crown Beach meeting  Attended the CCC Leadership Forum on transportation  Will be attending the Public Safety Memorial event  Will be attending the EB EDA Retreat in Livermore

Director Dotson reported on meetings attended. Director Dotson  Interviewed, with Erich Pfuehler, candidates for the PAC  Attended the Capital Trails workshop  Attended City of Richmond’s Public Forum regarding Chevron  Attended the Finance Committee meeting

Director Lane reported on meetings attended. Director Lane  Attended the Capital Trails Workshop  Attended the joint HARD/EBRPD Board meeting  Attended Volunteer Recognition Dinner  Attended John Coleman/EBMUD Breakfast meeting  Attended CCC Leadership Forum on transportation  Attended the Patterson Ranch Press Conference  Attended Walnut Creek Chamber event  Will be attending the Contra Costa Mayors Conference  Will be attending the Public Safety Memorial event

Director Severin reported on meetings attended. Director Severin  Attended the EB EDA Spring Membership Meeting  Attended the joint HARD/EBRPD Board meeting  Attended the Volunteer Recognition Dinner

Director Wieskamp reported on meetings attended. Director Wieskamp  Attended the Volunteer Recognition Dinner  Attended the Regional Parks Foundation meeting  Attended the Capital Trails Workshop  Attended Finance Committee Meeting  Attended the joint HARD/EBRPD Board meeting  Worked at Mission Peak with Mona Koh  Attended the Patterson Ranch Press Conference  Will be attending the Cow Girl Luncheon in Livermore

Director Radke reported on meetings attended. Director Radke  Did not provide any comments.

D. ADJOURNMENT

The meeting was adjourned 4:32 pm.

Respectfully submitted: Yolande Barial Knight Acting Clerk of the Board

14 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Authorization to Transfer Funds for Land Acquisition Department Projects (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the appropriation and transfer of Measure AA and Measure WW acquisition funds for land acquisition capital project accounts and safety and security project accounts which exceed current appropriations.

REVENUE/COST

Periodically it is necessary to review acquisition project accounts and safety and security project accounts in order to make adjustments to meet expected project costs. There are currently fourteen capital acquisition project accounts and two safety and security project accounts in need of additional funds. This item requests authorization to appropriate and transfer $30,000 from Measure AA acquisition funds and $492,985.50 from Measure WW acquisition funds to the following project accounts. This item also requests authorization to transfer $24,988.67 from TXI Phase II/Carquinez Strait acquisition CIP 219202WP13 to TXI/Carquinez Strait safety and security CIP 219201WP13.

APPROPRIATE AND TRANSFER FROM: Designated for Acquisition Project Account – Measure AA Undesignated $30,000.00 CIP 229900BAAA Designated for Acquisition Project Account – Measure WW Undesignated 492,985.50 CIP 229900WW00 Capital Acquisition Project Account – TXI Phase II/Carquinez Strait CIP 219202WP13 24,988.67 TOTAL APPROPRIATION AND TRANSFER $547,974.17

APPROPRIATE AND TRANSER TO: Capital Acquisition Project Accounts Hayward 1900/Stonebrae/Garin (208000WP30) $13,000.00 Elworthy/Las Trampas (206100WP37) 23,000.00

15 Bollinger Canyon Road to Las Trampas/Las Trampas (217500WP37) 161,500.00 MEC Land Holdings Inc/SF Bay Trail (218800WP29) 64,000.00 Robertson/Pleasanton Ridge (232200WP48) 5,000.00 Louie et al/Garin to Mission Peak (233800WP54) 25,000.00 Antioch Unified School District/Black Diamond (234400WP09) 20,000.00 USA-GSA/Crown Beach (235300WP18) 117,500.00 FRB Inc/Wildcat Canyon (236900BAAA) 20,000.00 USA-CNWS/Concord Naval Weapons Station (240700WP15) 10,000.00 Crader/North Richmond Wetlands (241000WP43) 12,500.00 Clayton Radio LLC/Clayton Ranch (241300WP14) 16,000.00 Aginson Prime/Delta Access (241400WP20) 1,485.50 Thomas/Morgan Territory (241600BAAA) 10,000.00

Safety and Security Project Accounts TXI-Pacific Custom Materials/Carquinez Strait (219201WP13) 24,988.67 Aginson Prime/Delta Access (241401WP20) 24,000.00

TOTAL APPROPRIATION AND TRANSFER $547,974.17

BACKGROUND

From time to time, certain capital acquisition projects experience unforeseen complications, such as the need for multiple appraisals, extraordinary legal fees, prolonged negotiations and other matters that are beyond staff control which require additional staff time and professional fees. Similarly, occasionally unforeseen tasks necessary to secure recently acquired properties while in land bank status arise, such as the need for immediate, additional security measures. There are currently fourteen capital acquisition project accounts which have received prior appropriations and which now need additional funds in order to continue acquisition activities on these projects. There are currently two safety and security project accounts which have received prior appropriations and which are now in need of additional funds in order to address unforeseen costs related to securing land banked properties. This recommendation will appropriate and transfer Measure AA and Measure WW funds to these specified projects as shown on the attached Budget Change Form to allow staff to continue to work on these projects.

ALTERNATIVES

No alternatives are recommended.

16 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 –

July 15, 2014

AUTHORIZATION TO TRANSFER FUNDS FOR LAND ACQUISITION DEPARTMENT PROJECTS

WHEREAS, a major objective of East Bay Regional Park District is to acquire regional park and trail properties; and

WHEREAS, in support of this goal, the voters of the District passed the Measure AA Bond in 1988 for acquisition and development of parklands; and

WHEREAS, in support of this goal, the voters of the District passed the Measure WW Bond in 2008 for acquisition and development of parklands; and

WHEREAS, from time to time, certain capital acquisition projects experience unforeseen complications, such as the need for multiple appraisals, extraordinary legal fees, prolonged negotiations and other matters that are beyond staff control; and

WHEREAS, similarly, occasionally unforeseen tasks necessary to secure recently acquired property while in land bank status arise; and

WHEREAS, there are currently fourteen capital acquisition projects and two safety and security project accounts which have received prior appropriations and these appropriations have been exceeded; and

WHEREAS, additional funds are now needed for staff time and professional fees in order to continue activities on these projects, and this action will transfer funds for these expenses;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of East Bay Regional Park District hereby authorizes the appropriation and transfer of $30,000 from Designated for Acquisition project account — Measure AA Undesignated CIP 229900BAAA and $492,985.50 from Designated for Acquisition project account – Measure WW Undesignated CIP 229900WW00 to various capital acquisition and safety and security project accounts as shown on the attached budget change form; and the transfer of $24,988.67 from TXI Phase II/Carquinez Strait acquisition CIP 219202W913 to TXI/Carquinez Strait safety and security CIP 219201WP13; and

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

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

18 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New RevenuesX Between Projects DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital- Land District Wide-Acquisition-Designated Acquisition-Garin-Hayward Land Acquisition-Measure AA 1900/Stonebrae-Measure WW Garin Undesignated Allocation Area-Administrative Costs

Account: 333-6330-000-7010 / Account: 333-6330-125-7010 / 229900BAAA-100 $ 30,000 208000WP30-100 $ 13,000 Account Name: Expense: Capital- Land- Account Name: Expense: Capital-Land- District Wide-Acquisition-Designated Las Trampas-Land and Trails-Bollinger Land Acquisition-Measure WW Canyon Rd-Measure WW Las Trampas Undesignated Allocation Area-Administrative Costs Account: 333-6330-000-7010 / Account: 333-6330-170-7010 / 229900WW00-100 $ 492,985.50 206100WP37-100 $ 23,000 Account Name: Expense: Capital-Land- Account Name: Expense: Capital-Land- Carquinez Strait-Land and Trails-TXI- Las Trampas-Land and Trails-Bollinger Pacific Custom Materials Phase II- Canyon Rd-Measure WW Las Trampas Measure WW Carquinez Strait Allocation Allocation Area-Administrative Costs Account: 333-6330-469-7010 / Account: 333-6330-170-7010 / 219202WP13-100 $ 24,988.67 217500WP37-100 $ 161,500 Account Name: Expense: Capital-Land- SF Bay Trail-Land -MEC Land Holdings, Inc.-Measure WW Eastshore SP Allocation Area-Administrative Costs Account: 333-6330-601-7010 / 218800WP29-100 $ 64,000 Account Name: Expense: Capital-Land- Pleasanton Ridge-Land and Trails- Robertson Property-Measure WW Pleasanton Ridge Allocation Area- Administrative Costs Account: 333-6330-159-7010 / 232200WP48-100 $ 5,000 Account Name: Expense: Capital-Land- Garin-Land and Trails-Garin to Mission Peak/Louie et al-Measure WW Ridge Trail Allocation Area-Administrative Costs Account: 333-6330-655-7010 / 233800WP54-100 $ 25,000 Account Name: Expense: Capital-Land- Black Diamond-Land and Trails-Antioch Unif Sch Dist Property Measure WW Black Diamond Allocation Area- Administrative Costs Account: 333-6330-102-7010 / 234400WP09-100 $ 20,000

T:\BOARDCLK\BOARD MATERIAL\2014\13 - July 15\C-1-c LAND BUDGET CHANGE FORM Budget Augmentation.xlsx 19 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: Capital-Land- Crown Beach-Land and Trails-USA-GSA- Measure WW Crown Beach Allocation Area-Administrative Costs Account: 333-6330-409-7010 / 235300WP18-100 $ 117,500 Account Name: Expense: Capital-Land- Wildcat Canyon/Alvarado-FRB Inc- Measure AA West Metro Allocation Area Principal-Administrative Costs Account: 333-6330-178-7010 / 236900BAAA-100 $ 20,000 Account Name: Expense: Capital-Land- Concord Naval Weapon Station-Land and Trails-USA-CNWS-Measure WW Concord Naval Weapon Station Allocation Area-Administrative Costs Account: 333-6330-103-7010 / 240700WP15-100 $ 10,000 Account Name: Expense: Capital-Land- North Richmond Wetlands-Land and Trails-Crader Property-Measure WW North Richmond Allocation Area- Administrative Costs Account: 333-6330-452-7010 / 241000WP43-100 $ 12,500 Account Name: Expense: Capital-Land- Clayton Ranch-Land and Trails-USA- Clayton Radio LLC-Measure WW Concord Naval Weapon Station Allocation Area-Administrative Costs Account: 333-6330-104-7010 / 241300WP14-100 $ 16,000 Account Name: Expense: Capital-Land- Delta Access-Land and Trails-Aginson Prime-Measure WW Delta Access Allocation Area-Administrative Costs

Account: 333-6330-141-7010 / 241400WP20-100 $ 1,485.50 Account Name: Expense: Capital-Land- Morgan Territory-Land and Trails- Thomas Property-Measure AA Morgan Territory Allocation Area-Administrative Costs Account: 333-6330-118-7010 / 241600BAAA-500 $ 10,000

T:\BOARDCLK\BOARD MATERIAL\2014\13EAST BAY - July REGIONAL 15\C-1-c LANDPARK BUDGET DISTRICT CHANGE FORM Budget Augmentation.xlsx BUDGET CHANGE FORM 20 NEW APPROPRIATIONS BUDGET TRANSFERS From New RevenuesX Between Projects DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital-Land- Carquinez Strait-Land and Trails-TXI- Pacific Custom Materials S&S-Measure WW Carquinez Strait Allocation Area- Safety & Security Costs Account: 333-6330-469-7010 / 219201WP13-100 $ 24,988.67 Account Name: Expense: Capital-Land- Delta Access-Land and Trails-Aginson Prime S&S-Measure WW Delta Access Allocation Area-Safety & Security Costs

Account: 333-6330-141-7010 / 241401WP20-500 $ 24,000.00 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 15, 2014 the General Manager recommends that the Board of Directors authorize the transfer of $30,000 Measure AA Bond principal and $517,974.17 of Measure WW Bond for multiple allocation areas mentioned above between projects to augment the existing acquisition project budgets.

As approved at the Board of Directors Meeting on date: 7/15/2014 Board of Directors Resolution Number: 2014-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2014\13 - July 15\C-1-c LAND BUDGET CHANGE FORM Budget Augmentation.xlsx 21

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22 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization of an Application Submitted for Federal Grant Funds for Public Access Improvements: Concord Naval Weapons Station to Black Diamond Mines Regional Trail (Rasmussen/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an application submitted to the California State Parks Office of Grants and Local Services (OGALS) for federal grant funds from the new National Park Service (NPS) Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program for public access improvements for the Concord Naval Weapons Station to Black Diamond Mines Regional Trail.

REVENUE/COST

This action proposes the authorization of a grant application up to $500,000. If awarded a grant, staff will return to the Board to request up to $500,000 in Measure WW development funds for Concord Naval Weapons Station (WP15) as a match. This project will likely increase the ongoing operational cost of the District.

BACKGROUND

NPS has created a new $3 million nationwide “pilot program” to fund six to twelve projects nationwide. The program is called the Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program. The District’s deadline for submission of an application to the OGALS was Monday, July 14, 2014. By Friday, August 15, 2014, OGALS will review all statewide applications, and recommend the two highest ranking projects to the NPS. OGAL’s two recommended projects will include these objectives:

 Acquisition or development of lands and facilities that provide outdoor recreation opportunities in areas that are underserved and in economically disadvantaged communities;  Project developed with community participation, including youth groups and support by local elected officials;

23  Innovative solutions, including converting distressed properties or facilities into new park;  Leverages financial support from public, private and non-profits with priority given to multiple and diverse partnerships;  Alignment with regional and local revitalization and economic development plans;  Priority given to projects beginning in one year and must completed in three years.

Staff submitted an application to OGALS by the July 14, 2014 grant deadline. The application requested funds to develop a staging area on the recently acquired Alaimo property and the construction of the trail on the Land Waste Management property along the ridge towards Bailey Road which runs through the Concord Naval Weapons Station property. The staging area on the former Alaimo property may require the construction a turn lane. Since the grant guidelines for the program were not released until June 19, 2014, staff did not have time to obtain Board approval prior to the July 14, 2014 grant deadline.

ALTERNATIVES

The Board could choose to direct staff to withdraw the application.

24 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION OF AN APPLICATION SUBMITTED FOR FEDERAL GRANT FUNDS FOR PUBLIC ACCESS IMPROVEMENTS: CONCORD NAVAL WEAPONS STATION TO BLACK DIAMOND MINES REGIONAL TRAIL

WHEREAS, Congress, under Public Law 88-578, has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and

WHEREAS, the National Parks Service (NPS) has created a new $3 million nationwide “pilot program” to fund six to twelve projects; which is called the Land and Water Conservation Fund Outdoor Recreation Legacy Partnership Program; and

WHEREAS, the California State Parks Office of Grants and Local Services (OGALS) is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and

WHEREAS, the District’s deadline for submission of an application to the OGALS was Monday, July 14, 2014 and by Friday, August 15, 2014, OGALS will review all statewide applications, and recommend the two highest ranking projects to the NPS; and

WHEREAS, staff submitted an application to OGALS by the July 14, 2014 grant deadline for public access improvements for the Concord Naval Weapons Station to Black Diamond Mines Regional Trail;

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

1. Approves the filing of an application for Land and Water Conservation Fund assistance for public access improvements for the Concord Naval Weapons Station to Black Diamond Mines Regional Trail; and

2. Agrees to abide by SECTION 6(F)(3) of Public Law 88-578 which states “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location;” and

25 3. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and

4. Appoints the General Manager or Assistant General Manager of Finance and Management Services as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws and perform such acts which may be necessary for the completion of the aforementioned Project; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action, upon receipt of the executed grant contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the grant contract.

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote,

FOR:

AGAINST: ABSTAIN: ABSENT:

26 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to File an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating the Assurance to Complete the Project: Pinole Shores to Bay Front Park Bay Trail (Rasmussen/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a grant application to Metropolitan Transportation Commission (MTC) for federal grant funds from the Active Transportation Program (ATP) for the Pinole Shores to Bay Front Park Bay Trail.

REVENUE/COST

This action proposes authorization of a grant application of up to $4,000,000 in federal funds for construction of the San Francisco Bay Trail between the Pinole Shores and Bay Front Park at San Pablo Bay Regional Shoreline. The required grant match would come from existing Measure AA bond funds previously appropriated to Project 147100. If constructed, this project would increase the long term operational cost of the District.

BACKGROUND

The Pinole Shores to Bayfront Park trail project is a TIGER II project. The segment begins on the hillside bluff across from Hazel Lane. The trail alignment would parallel the Burlington Northern Santa Fe railroad right of way for approximately 1,200 feet, then sweep north over the Union Pacific Railroad tracks via a 1,000-foot long bridge structure to join a path in Bay Front Park.

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO FILE AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE THE PROJECT: PINOLE SHORES TO BAY FRONT PARK BAY TRAIL

WHEREAS, the East Bay Regional Park District (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $4,000,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Program (STP) funding, Congestion Mitigation and Air Quality Improvement (CMAQ) funding, Transportation Alternatives (TA)/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Pinole Shores to Bay Front Park Bay Trail (herein referred to as PROJECT); and

WHEREAS, the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141, July 6, 2012) and any extensions or successor legislation for continued funding (collectively, MAP 21) authorize various federal funding programs including, but not limited to the Surface Transportation Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives Program (TA) (23 U.S.C. § 213); and

WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and

WHEREAS, pursuant to MAP-21, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and

WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and

WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:

• the commitment of any required matching funds (available in existing capital project 147100); and • that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and • that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and • the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and • that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and • that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and • that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans. FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and • in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and • in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and • in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and

WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and

WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its General Manager or Assistant General Manager of Finance and Management Services to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application;

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under MAP-21 or continued funding; and be it further

RESOLVED that APPLICANT will provide any required matching funds; and be it further

RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further

RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans. FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC- funded transportation and transit projects implemented by APPLICANT; and be it further

RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further

RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further

RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and be it further

RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further

RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further

RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further

RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further

RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further

RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming; and be it further

RESOLVED that the General Manager or Assistant General Manager of Finance and Management Services be authorized, as an agent of the District, to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, receive grant funds, amendments, payment requests, and compliance with all applicable current state and federal laws and perform such acts which may be deemed necessary for the completion of the aforementioned project; and be it further

RESOLVED, that the Chief Financial Officer or Budget Manager is hereby authorized to amend the current year’s budget, without further Board action, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the contract.

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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32 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Enter into Contract with the Department of Veterans Administration to Provide Policing Services on Federal Property: Alameda Point (Rasmussen/T. Anderson/Collins)

RECOMMENDATION

The General Manager and the Board Executive Committee recommend that the Board of Directors authorize entering into a contract with the Department of Veterans Administration (VA) to provide policing services on federal property at Alameda Point.

REVENUE/COST

This action approves entering into a contract for an initial term through September 30, 2014 with a series of three annual extensions valued at an average of $181,000 per year to provide policing services on federal property at Alameda Point. Public Safety will utilize existing staff during the first phase of the contract but may seek to add personnel during the 2015 budget process. The agreement is intended to cover all direct and overhead costs associated with the policing services at the site; there should be no cost to the District for providing those services.

BACKGROUND

In July 2014, the Department of Veterans Affairs (VA) will take over administration of federal property from the Navy. The property includes 624 acres of non-developed and future developed areas to include an endangered species colony at Alameda Point. The VA plans to develop the property as a columbarium and a hospital. However, this development may take three to five year years to complete. In the interim, the VA proposes that the EBRPD Police Department provide policing services for the property, including full-time-equivalent (FTE) staffing, materials, equipment, support staff and overhead. Police services would include arrests, detaining of personnel if required, and citation authority with concurrent jurisdiction on the federal property.

The District is interested in providing police service at Alameda Point to protect the existing endangered species colony and maintain safe conditions at site, should the District decide to develop the Bay Trail or the Northwest Territories site as a regional park per the Master Plan and Measure WW project list.

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO ENTER INTO CONTRACT WITH THE DEPARTMENT OF VETERANS ADMINISTRATION TO PROVIDE POLICING SERVICES ON FEDERAL PROPERTY: ALAMEDA POINT

WHEREAS, the Department of Veterans Affairs (VA) will take over administration of federal property covering approximately 624 acres of non-developed and future developed areas to include an endangered species colony at Alameda Point from the Navy and plans to develop the property as a columbarium and a hospital; and

WHEREAS, this development may take three to five year years to complete and in the interim, the VA proposes that the EBRPD Police Department provide policing services for the property including full-time-equivalent (FTE) staffing, materials, equipment, support staff and overhead; and

WHEREAS, Police services would include arrests, detaining of personnel if required, and citation authority with concurrent jurisdiction on the Federal Property;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes entering into a contract for an initial term through September 30, 2014 with a series of up to three annual extensions valued at an average of $181,000 per year for policing services on federal property at Alameda Point; and

BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services is authorized as the agent of the East Bay Regional Park District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendment, extensions, payment requests and so on, which may be necessary for the completion of the aforementioned contract; and

BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is authorized to amend the current year’s budget, without further Board action, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the contract and the budgeting of District funds necessary to retain these officers during the life of the contract.

Moved by Director , seconded by Director , and approved this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

34 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Appropriate Funds and Accept the Bid for Construction of Morrison Canyon Staging Area: Vargas Plateau Regional Park (Bates/Althoff)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the appropriation of funds in the total amount of $135,479 from Measure WW Development Allocation Area Vargas Plateau Regional Park and the acceptance of the Base Bid of QLM, Inc., San Jose, CA in the amount of $258,237 and set aside a construction contingency in the amount of $38,735 for a total of $296,972 for the construction of the Morrison Canyon Staging Area in Vargas Plateau Regional Park.

REVENUE/COST

EXISTING SOURCE OF FUNDS NO. 1 Current Approved Project Budget Improve Public Access: Vargas Plateau Project No. 142300 $ 430,000 Less Expenditures and Encumbrances to Date 182,570 Less Funds Anticipated to be Encumbered for Purchase of CXT Vault Toilet by Separate Board Action this Agenda 28,938 FUNDS AVAILABLE $ 218,493

EXISTING SOURCE OF FUNDS NO. 2 Measure WW Bond - Development Allocation Area Vargas Plateau WP64 $2,000,000 Less Expenditures and Encumbrances to Date 335,460 FUNDS AVAILABLE $1,664,540

PROPOSED APPROPRIATION OF FUNDS From Measure WW Bond - Development Allocation Area Vargas Plateau WP64 To Project No. 142300 (Staging Area: Vargas Plateau) $ 135,479

BALANCE REMAINING VARGAS ALLOCATION AREA $ 1,529,061

TOTAL FUNDS AVAILABLE PROJECT NO. 142300 $ 353,972

PROPOSED USE OF FUNDS Proposed Construction Contract $ 258,237 Construction Contingency 38,735 Construction Subtotal $ 296,972 Design, Construction Administration and Inspection Support 25,000 Construction Materials Testing 10,000 Biological & Cultural Resource Monitoring 5,000 District Provided Materials (Gates, Entry Sign & Info. Panel) 12,000 Permit Fees 5,000 CONSTRUCTION TOTAL $ 353,972

BACKGROUND

The District has, over many years, acquired nearly 1,250 acres of land at a cost in excess of $7.2 million to create Vargas Plateau Regional Park. In 2008, after extensive public review and outreach, the District adopted a Land Use Plan (“Plan”) for the proposed park that proposed a phased development process. The first phase of the park improvement was defined as a modest development of limited staging improvements and amenities to allow a park opening, with subsequent more expansive park improvements planned for future years when funding would be available. Development and opening of the Park have been delayed due to a lawsuit filed by neighbors challenging the Plan.

This contract would effect the construction of phase one access improvements at the Morrison Canyon Staging Area allowing the park to be opened for public use. Work would include construction of a staging area comprised of a compacted aggregate baserock entry road and parking spaces with wheel stops for twenty-five (25) cars, two (2) ADA compliant stalls on concrete paving with an accessible path of travel to trailheads, three (3) picnic tables, one vault toilet, entry gates and signage, wood rail fencing, information panel, barbed wire fencing and water tank for firefighting.

A formal Notice to Bidders for this project was published on Tuesday, May 27, 2014 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges and on eBidboard. Seven (7) firms submitted responsible bids on Thursday, June 26, 2014.

The Basis for determination of low bid on this project is the aggregate amount of the bidder’s Base Bid.

NAME OF BIDDER TOTAL BASE BID QLM, Inc., San Jose, CA $258,237 Gradetech, Inc., Castro Valley, CA $269,600 Guerra Construction, Santa Clara, CA $286,000

36 NAME OF BIDDER TOTAL BASE BID Fanfa, San Lorenzo, CA $325,067 Kingdom Pipelines, San Francisco, CA $345,000 Joseph J. Albanese, Santa Clara, CA $346,999 Water Rock Construction, Walnut Creek, CA $351,080 ENGINEER’S ESTIMATE: $ 280,000 (Total Base Bid)

ALTERNATIVES

None are recommended.

37 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO APPROPRIATE FUNDS AND ACCEPT THE BID FOR CONSTRUCTION OF MORRISON CANYON STAGING AREA: VARGAS PLATEAU REGIONAL PARK

WHEREAS, the East Bay Regional Park District has acquired nearly 1,250 acres of land at a cost in excess of $7.2 million to create Vargas Plateau Regional Park; and

WHEREAS, in 2008, after extensive public review and outreach, the District adopted a Land Use Plan (“Plan”) for the proposed park that proposed a phased development process; and

WHEREAS, the first phase of the park improvement was defined as a modest development of limited staging improvements and amenities to allow a park opening; and

WHEREAS, this project would affect the construction of phase one improvements for the Morrison Canyon Staging Area to include a staging area comprised of compacted aggregate baserock entry road and parking spaces with wheel stops for twenty-five (25) cars, two (2) ADA parking stalls on concrete paving and an accessible path of travel to trailheads, picnic tables, a vault toilet, entry gates and signage, wood rail fencing, information panels, barbed wire fencing and a water tank for firefighting; and

WHEREAS, funds have been appropriated into Project No. 142300 (Staging Area: Vargas Plateau) for this purpose and funds are available for appropriation from the Measure WW Bond Development Allocation Area Vargas Plateau; and

WHEREAS, the District advertised for bids for construction of the Morrison Canyon Staging Area at the Vargas Plateau Regional Park and received seven (7) responsible bids: and

WHEREAS, QLM, Inc., San Jose, CA was the lowest responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto that will appropriate funds in the amount of $135,479, accepts the Base Bid of QLM, Inc., San Jose, CA, in the amount $258,237 and sets aside a construction contingency in the amount of $38,735 and $57,000 for Construction Administration, Inspection, Testing and Permit Fees for a total amount of $353,972 in Project No. 142300 (Staging Area: Vargas Plateau); and

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

38 Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

39 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Fund Sources From New Revenues Between Projects DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Project Fund-Design Administration- Vargas Plateau-Work In Progress/ Improve Public Access-Measure WW Principal, Vargas Plateau Development Allocation Area- Contract work.

Account: 333-7010-127-7020/142300 WP64-372 $ 135,479 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 15, 2014, the General Manager recommends that the Board of Directors authorize the appropriation of $135,479 Measure WW principal, from the Vargas Plateau development allocation area, to project 142300 to improve access and provide a staging area at the Morrison Canyon entrance.

As approved at the Board of Directors Meeting on date: 7/15/2014 Board of Directors Resolution Number: 2014-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2014\13 - July 15\C-1-g PLNG - BUDGET CHANGE FORM Vargas - Morrison Cnyn Staging Area.xlsx

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Purchase a CXT Cascadian Vault Type Restroom: Vargas Plateau Regional Park (Bates/Althoff)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of one (1) CXT Cascadian vault-style restroom building from CXT Inc. of Spokane, Washington in the amount of $28,938, including sales tax, delivery and offloading by crane at the Morrison Canyon staging area project at Vargas Plateau Regional Park.

REVENUE/COST

EXISTING SOURCE OF FUNDS Current Approved Capital Project Budget Improve Public Access: Vargas Plateau Project No. 142300 $ 430,000 Encumbrances and Expenditures to date 182,569 Balance Available $ 247,430

PROPOSED USE OF FUNDS Purchase of Pre-Cast CXT Restroom Building $ 16,120 Selected Options 6,414 Subtotal $ 22,534 CA Sales Tax 1,861 One Way Transportation to Project Site 4,543 Total Purchase $ 28,938

BALANCE REMAINING $ 218,492

BACKGROUND

The East Bay Regional Park District recently put out to bid the construction of phase one improvements for the Vargas Plateau Regional Park. This project will provide public access to the park through the construction of a staging area for twenty-five (25) cars with fencing and a vault

41 toilet. CXT Inc. manufactures precast concrete structures that comply with current codes and requirements for accessibility and are approved as the Park District standard where a low cost, durable, vault-style restroom is needed.

The vault toilet is available for purchase from CXT, Inc. by means of National Joint Powers Alliance contract #022113-CXT. The contract is a supplier agreement based on the results of a competitive process and satisfies the requirement for seeking bids for this purchase. Use of the contract is open to all federal, state and local governmental entities. Public agencies electing to use the contract avoid the administrative costs of seeking formal bids. CXT of Spokane, Washington is the vendor for this contract.

ALTERNATIVES

None are recommended.

42 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO PURCHASE A CXT CASCADIAN VAULT TYPE RESTROOM: VARGAS PLATEAU REGIONAL PARK

WHEREAS, the East Bay Regional Park District desires to open Vargas Plateau Regional Park with phase one public access improvements to include a new staging area for up to twenty-five (25) cars and a precast concrete vault toilet; and

WHEREAS, CXT Incorporated of Spokane, Washington is a State of California recognized vendor offering suitable ADA-compliant restroom buildings based on the results of competitive pricing through contracts issued by the National Joint Powers Alliance; and

WHEREAS, there are funds available in existing Project No. 142300 (Improve Public Access: Vargas Plateau) allocated for this purpose;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of one (1) single Cascadian precast concrete vault-style restroom from CXT Incorporated, Spokane, Washington with funding available from Project No. 142300 (Improve Public Access: Vargas Plateau) in the amount of $28,938, including sales tax, delivery and offloading by crane at the project location; and

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

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

44 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Purchase Four CXT Cascadian Vault Type Restrooms: Point Pinole, Black Diamond and Briones Regional Parks (Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of four CXT Cascadian double restrooms from CXT Inc. of Spokane, Washington for installation at Point Pinole, Black Diamond and Briones Regional Parks for a total cost of $159,026.14.

REVENUE/COST

This request uses remaining funds from the existing Capital Project Account 535603 (Whole Park Access), OTA Project Account 101700 (Build Overnight Camping) and OTA Project Account 535900 (Vaults & Sewers District-Wide) for the purpose of upgrading District restroom facilities. The funds shall be taken from the following CIP and OTA project accounts:

SOURCE OF FUNDS:

Balance Available, Acct 336-5110-000-5311/535603 $ 405,917.26 (Whole Park Access) Proposed Encumbrance 45,000.00 Balance Remaining $ 360,917.26

Balance Available, Acct 333-5170-130-7020/101700 $ 49,047.40 (Build Overnight Camping) Proposed Encumbrance 40,000.00 Balance Remaining $ 9,047.40

Balance Available, Acct 336-5940-000-5311/535900 $ 90,914.39 (Vaults & Sewers District-wide) Proposed Encumbrance 74,026.14 Balance Remaining $ 16,888.25

45 PROPOSED ENCUMBRANCE: CXT Incorporated $ 108,557.90 CA Sales Tax, 9.00% 9,770.25 Permit 3,212.00 Freight 37,485.99 Total Encumbrance $ 159,026.14

BACKGROUND

District staff has determined that the wood chemical toilets at Point Pinole, Black Diamond and Briones Regional Parks are in poor to failing condition, not ADA-compliant, and need replacing. The CXT Cascadian restrooms are precast structures that are larger vault-type restrooms that meet ADA standards. The increased capacity of these toilets will significantly reduce the number for sanitation runs to empty the chemical toilets currently in use in these locations, which will in turn effectively reduce the transportation costs associated with sewage removal.

The vault toilets are available for purchase from CXT, Inc. by means of National Joint Powers Alliance contract #022113-CXT. The contract is a supplier agreement based on the results of a competitive process and satisfies the requirement for seeking bids for this purchase. Use of the contract is open to all federal, state and local governmental entities. Public agencies electing to use the contract avoid the administrative costs of seeking formal bids. CXT of Spokane, Washington is the vendor for this contract.

ALTERNATIVES

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

46 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO PURCHASE FOUR CXT CASCADIAN VAULT TYPE RESTROOMS: POINT PINOLE, BLACK DIAMOND AND BRIONES REGIONAL PARKS

WHEREAS, the District has a plan to upgrade existing chemical toilets for ADA - compliance; and

WHEREAS, CXT Incorporated of Spokane, Washington is a State of California recognized vendor offering suitable ADA compliant restroom buildings based on the results of competitive pricing through contracts issued by the National Joint Powers Alliance;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of four (4) CXT Cascadian restrooms from CXT Incorporated of Seattle, Washington for a total cost of $159,026.14, with said sum to be encumbered from the remaining funds in the existing Capital Project Account 535603 (Whole Park Access), OTA Project Account 101700 (Build Overnight Camping), and OTA Project Account 535900 (Vaults & Sewers District-Wide); and

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

48 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Transfer Board Contingency Funds for Buckeye Ranch Staging Area Improvements: Briones Regional Park (Ragatz/O’Connor)

RECOMMENDATION

The General Manager and the Board Executive Committee (by unanimous vote at its June 23, 2014 meeting) recommend that the Board of Directors authorize the transfer of Board Contingency funds in the amount of $15,000 to the Buckeye Ranch Staging Area project in Briones Regional Park.

REVENUE/COST

The total cost of the improvement project is $39,100. Funds are available in the Board Contingency fund (Account 101-1110-000-5821) in the amount of $15,000, the General Manager Contingency fund (Account 101-2010-000-5831) in the amount of $10,000 and $4,100 from the AGM Operations Contingency fund (Account 101-2010-000-5833):

TRANSFER FROM: Board Contingency: 101-1110-000-5821 $ 15,000 General Manager Contingency: 101-2010-000-5831 10,000 AGM, Operations Contingency: 101-2010-000-5833 4,100 $ 29,100

TRANSFER TO: Delta Unit, Briones Regional Park: 101-5171-130-5311 $ 29,100

BACKGROUND

In 1999, the Board of Directors adopted the Buckeye Ranch Land Use Plan Amendment (LUPA) for Briones Regional Park, Resolution No. 1999-2-36. The adopted LUPA identified the need for development of a public staging area and modest recreational facilities. The staging area development and improvements is located adjacent to the Girl Scout Camp on Springhill Road in Lafayette. Project costs have been estimated as follows:

49 Expand the graveled area 30 feet to form a parking lot 8,400 Upgrade to standard District wooden rail fence and ADA pedestrian gate 3,600 Install picnic tables and informational panel 4,100 Install CXT vault toilet 23,000 TOTAL $39,100

Recently, $10,000 was transferred from the Assistant General Manager of Operations Contingency account to begin the Buckeye Ranch staging area improvements. The remaining funds needed to complete the project are being requested through several General Fund transfers: $10,000 from the General Manager Contingency account, $15,000 from the Board Contingency account and an additional $4,100 from the AGM of Operations Contingency account.

The Buckeye Ranch staging area improvement project has been long delayed due to lack of funding. The authorization to transfer $29,100 from contingency accounts would ensure completion of this project in 2014.

ALTERNATIVES

None are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO TRANSFER BOARD CONTINGENCY FUNDS TO COMPLETE BUCKEYE RANCH STAGING AREA IMPROVEMENTS: BRIONES REGIONAL PARK

WHEREAS, the District has included in its 2014 Budget contingency, reserves to expedite projects in need of funds; and

WHEREAS, plans for improvements to make the Buckeye Ranch staging area functional have been delayed due to a lack of funds; and

WHEREAS, the General Manager has authorized the transfer of $10,000 from the GM Contingency Account 101-2010-000-5831 to make improvements at the Buckeye Ranch staging area; and

WHEREAS, the AGM Operations has authorized the transfer of $4,100 from the Operations Contingency Account 101-2010-000-5833 to make improvements at the Buckeye Ranch staging area; and

WHEREAS, the Board Executive Committee unanimously recommended authorizing the transfer of $15,000 from the Board Contingency fund to make improvements at the Buckeye Ranch staging area;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer of Board Contingency funds (Account 101-1110-000-5821) in the amount of $15,000 as detailed in the attached Budget Change form; and

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

51 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation Between Fund Sources From New RevenuesX Between Departments DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: General Fund- Account Name: Expense: General Fund- Board of Directors-District Wide- Park Operations-District Wide-Contract Contingency Services

Account: 101-1110-000-5821 $ 15,000 Account: 101-5171-130-5311 $ 29,100 Account Name: Expense: General Fund- General Manager-District Wide-GM Contingency

Account: 101-2010-000-5831 $ 10,000 Account Name: Expense: General Fund- General Manager-District Wide- Operations Contingency

Account: 101-2010-000-5833 $ 4,100 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 15, 2014, the General Manager recommends that the Board of Directors authorize the transfer of $15,000 from the Board of Directors' General Fund Contingency, $10,000 from the General Fund, General Manger contingency and $4,100 from the General Fund Operations contingency budget to cover the cost of improvements at the Buckeye Staging Area.

As approved at the Board of Directors Meeting on date: 7/15/2014 Board of Directors Resolution Number: 2014-07- Posted By: Posted date: Signature:

S:\MNGTSRVS\PAM - NADINE FOR REVIEW\2014 BCFs\7-2014-July 15\Contingency Use for Briones Buckeye Staging Area.xlsx

52 PUBLIC SAFETY DIVISION

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday July 15, 2014

C. BUSINESS BEFORE THE BOARD

2. PUBLIC SAFETY DIVISION

a. PUBLIC HEARING

An Ordinance of the East Bay Regional Park District Amending Ordinance 38 (King/T. Anderson/Victor)

RECOMMENDATION

The General Manager and the Board Operations Committee (by unanimous vote) recommend approval of the attached amendments to Ordinance 38.

REVENUE/COST

There is no apparent cost to the District as a result of this action.

BACKGROUND

The Public Safety Division coordinates a biennial review process for proposals to modify Ordinance 38. This year’s process began in January 2014 and is now complete. Several changes and/or modifications to the Ordinance were proposed by District staff and members of the public.

Over a six-month period, the proposals were reviewed by the Operations/Public Safety Liaison Group, District Counsel, Risk Manager and the Board Operations Committee. The proposed recommended changes were unanimously approved by the Board Operations Committee on June 19, 2014. The proposed amendments to Ordinance 38 were also sent to the Park Advisory Committee for review and comment. The PAC reviewed the changes at their June 23, 2014 meeting and voted unanimously to recommend the changes to the Board. This meeting is the third public meeting at which these proposals are being discussed.

Lieutenant Jon King will make a presentation at the Board meeting describing all of the proposed amendments to Ordinance 38. The most significant proposals are described below:

53 No discharge of weapons within 150 yards of developed areas (Section 800.2).

In 2012, the Board of Directors made revisions to Section 800.2 in response to concerns that it was overly restrictive in its prohibition against hunting as it pertains to navigable waters. In response to those concerns, Public Safety and Operations recommended a 150 yard buffer zone be implemented to protect trail users from discharges of firearms near the trails. This buffer or safety zone is consistent with Fish and Game Code Section 3004(a) (prohibition against discharge of firearms while hunting with 150 yards of any occupied dwelling). The revisions to Section 800.2 also included additional language specifically prohibiting hunting in Cogswell and Oro Loma Marshes which are operated by the District as preserves with no public access.

Since adopting changes to Ordinance 38 in 2012, the District received comments from the Department of Fish and Wildlife and the California Waterfowl Association stating that the provisions of Section 800.2 were overly broad and possibly encroached upon the jurisdiction of the Department of Fish and Wildlife to regulate hunting in waters of the State. In response to these comments, District Counsel is recommending the attached amendments to Section 800.2 to address possible pre-emption issues. However, Public Safety, Operations staff and District Counsel continue to recommend that a 150 yard safety zone be maintained on District owned or managed lands near recreational trails and developed areas as a necessary health and safety regulation.

While the changes are of general application on District owned or managed lands, the 150 yard buffer zone is being proposed due to particular concerns at the Hayward Shoreline where heavily used trails are directly adjacent to the Oro Loma and Cogswell tidal marshes and the Bay. Attached to this report are user counts for the Hayward Shoreline showing 12,000 to 17,000 monthly visitors along these trails even during the winter months. Also, attached are photographs taken on a week day in February 2013, illustrating the public safety concerns of discharging weapons in close proximity to the trails in this area.

The Oro Lomo Marsh was created in 1997 pursuant to an agreement between the United States Fish and Wildlife Service, the State Coastal Conservancy, the Wildlife Conservation Board, the Oro Loma Sanitary District and the Park District. The Park District manages the property for purposes of wildlife habitat and wetlands preservation and resource enhancement. The Cogswell Marsh was created by the Park District in 1980 by breaching bay levees. The Cogswell Marsh is bisected by a public trail. Except on the trails, both marshes are closed to the public and managed as wildlife preserves by the District. Waterfowl hunting has never occurred in either marsh, but local hunters have contacted staff in recent years desiring to access these areas as “navigable” waters of the State.

The purpose of the amendments to Section 800.2 is not to regulate hunting, but to continue in place a 150 yard safety buffer to protect trail users from the discharge of weapons. Waterfowl hunting regularly occurs in District owned waters near Point Pinole Regional Shoreline and along the Delta without user conflicts, but these areas, unlike the Hayward Shoreline, are well away from developed trails and picnic areas. Staff is aware of at least one incident in the mid-1990s near the Hayward Shoreline at the San Leandro border where a trail user was hit with pellets fired from a hunter in the Bay. After that incident, the local jurisdiction enacted a ban against the discharge of weapons. The 150 yard safety zone in Ordinance 38 is generally consistent with

54 state law (Fish & Game Code § 3004(a)) and is much less restrictive than ordinances in neighboring jurisdictions.

South Park Drive Exception to Section 801.2 (Section 801.13)

This year, members of the public expressed concerns over leash requirements on South Park Drive in Tilden Regional Park, when the roadway was closed to vehicles. Board members directed staff to research the issue and recommend a response to the concerns. As a result, staff is recommending that an exception to Section 801.2 for South Park Drive be created (Section 801.13). This exception would allow off-leash dogs on the roadway when it is closed to automobiles and provides the same requirements as the Point Isabel exception. Although staff is concerned about potential user conflicts on the roadway, police department records showed that none have been reported in the past. However, Tilden staff did report an impact to the turf and infrastructure at Padre and Laurel picnic areas that they believe is caused through overuse by dogs during the road closure period. Due to this, staff is recommending that the exception not be extended to the developed areas adjacent the roadway.

ALTERNATIVES

None are recommended.

55 56 Hayward Shoreline Trafx counter data

2011

Site Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HS #1 PG&E 10,058 11,485 8,212 7,247 3,864 96 129 HS #2 San Lorenzo Bridge 5,112 5,102 5,225 5,485 5,720 4,716 4,909 HS #3 Hayward Landing 3,755 3,749 4,484 2,741 4,714 2,591 4,046 HS #4 West Winton lot 5,282 751 4,779 2,586 4,429 5,353 5,987 HS #5 Hayward Marsh 142 4,188 7,105 5,189 4,819 4,405 4,140 HS #6 Eden Landing lot 1,542 1,666 1,656 1,606 1,503 1,561 1,325 HS #7 Eden Landing Trail 613 435 350 467 429 456 646 Totals 26,506 27,376 31,811 25,321 25,478 19,178 21,181

2012

Site Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HS #1 PG&E 7,588 8,250 7,301 8,038 7,992 10,051 7,592 9,041 8,492 6,584 5,316 5,130 HS #2 San Lorenzo Bridge 5,732 5,880 4,727 585 4,820 4,896 4,448 5,663 6,042 5,311 4,435 3,555 HS #3 Hayward Landing 6,166 4,999 4,389 3,561 3,216 3,582 2,791 3,390 4,933 4,152 4,007 2,970 HS #4 West Winton lot 7,920 6,205 4,860 4,347 3,706 3,747 3,926 4,284 3,606 2,244 3,330 3,711 HS #5 Hayward Marsh 5,129 5,502 3,739 4,706 4,941 4,852 5,721 6,452 4,806 3,876 3,557 2,251 HS #6 Eden Landing lot 1,615 2,042 2,002 4,117 23,838 1,962 2,173 1,916 1,726 1,717 1,635 1,461 HS #7 Eden Landing Trail 668 596 701 1,050 252 318 286 1,062 789 593 369 104 Totals 34,818 33,474 27,719 26,404 48,765 29,408 26,937 31,808 30,395 24,477 22,649 19,182

2013

Site Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec HS #1 PG&E 4,890 2,862 7,222 8,092 8,012 7,189 6,240 HS #2 San Lorenzo Bridge 5,372 5,184 5,989 5,507 5,001 5,352 HS #3 Hayward Landing 5,124 4,884 5,421 3,481 3,285 4,215 3,746 HS #4 West Winton lot 5,374 5,224 6,502 3,473 4,175 3,704 HS #5 Hayward Marsh 4,201 4,351 13,139 23,467 4,614 4,874 5,292 HS #6 Eden Landing lot 1,965 2,195 2,226 2,168 2,344 2,288 2,188 HS #7 Eden Landing Trail 11 32 0 Totals 26,937 24,732 40,499 46,188 27,431 27,622 17,466 Monthly numbers should be divided by two as people are coming in and out 57 58 59 60 EAST BAY REGIONAL PARK DISTRICT

ORDINANCE NO.: 2014 – 07 -

July 15, 2014

AN ORDINANCE OF THE EAST BAY REGIONAL PARK DISTRICT AMENDING ORDINANCE 38

WHEREAS, the General Manager and the Board Operations Committee have recommended changes to Ordinance 38 to govern public use of regional parklands and protect park resources; and

WHEREAS, the specific changes to Ordinance 38 are noted in this Ordinance by crossing out language to be deleted and additions in bold italicized text; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the East Bay Regional Park District that Ordinance 38 is amended as follows:

Section 1.

Section: Text:

403.1 Restriction. Except as provided in subsection 403.2 of this ordinance, no person shall have in his/her possession, nor shall any person fire or discharge or cause to be fired or discharged across or into any portion of the District any gun or firearm, bow and arrow, cross bow, sling shot, air or gas weapon, or any other dangerous weapon. Further, no person shall possess, discharge or use any other dangerous weapon, including practice swords, spears, nunchakus and throwing stars, regardless of intent. 403.2 e) Legal possession or defensive discharge of a nonlethal aerosol spray made with oleoresin capsicum in not considered a violation of section 403.1. The spray's dispenser volume shall not exceed 2.5 ounces. 409.5 MISCELLANEOUS REGULATED ACTIVITES. No person shall engage in any of the following activities within the District except in areas specifically designated and set aside from time to time by the Board for such activities. Hang glide, parasail or paraglide, except by permit, parachute, rope swing; or operate launch or land a hot air balloon, except by permit. 409.8(h) Attachment A - Bicycles Are Not Permitted in the Following Locations: Horseshoe Trail - Anthony Chabot 417 No person shall possess drug paraphernalia, as defined in Section 11364 of the Health and Safety Code, within 1000 feet of a developed area within District lands. For the purposes of this section, developed areas are defined as any public road, lawn or play field, deck, parking lot, picnic area, campground, group camp, concession area, equestrian center, archery facility, gun range, paved multi-use Regional Trail, beach, swim area, swimming pool or any other area specifically designated from time to time by the Board as so restricted.

61 800.2(a) Exception: Waterfowl. Hunting of waterfowl shall be is governed by state Fish and Game laws in the waters of San Francisco and San Pablo Bays. Hunting along East Bay Regional Park District shorelines is permitted only by boat. In order to protect the health, safety and welfare of all park users and park facilities, hunting or discharge of weapons on District owned or managed lands within 150 yards of a trail, levee, road or developed recreation area is prohibited. Hunting of waterfowl is not allowed inside Cogswell Marsh, Oro Loma Marsh or Hayward Marsh at Hayward Shoreline. 801.2(a) Leash Required Areas (Developed Areas). No person shall bring into, or permit any dog, cat or animal to enter any Developed Area or be within 200 feet of any parking lot, trail head or staging area, as posted, unless such animal is securely leashed and under control of that person. a) Developed areas are defined as any public road open to vehicular traffic, lawn or play field, deck, parking lot, picnic area, campground, concession area, equestrian center, archery facility, gun range, paved multi-use Regional Trail, or any other area specifically designated from time to time by the Board as so restricted. Attachment B - Bathing Beaches or Swimming Pools Camp Arroyo Pool

Attachment B - Other Parks or Areas of Parks with Specific Reasons for Prohibiting Dogs Overnight at Ohlone Wilderness and Sunol Backpack Camps

Attachment C – Specific Parks or Areas of Parks Where Dogs Must Be On Leash All (Board designated) posted and paved Multi-Use Regional Trails. 802.13 South Park Drive Exception. As an exception to the provisions of subsection 801.2, dogs may be taken off leash on South Park Drive in Tilden Regional Park during the seasonal closure period (November 1 – April 1). Any person allowing their animal to be off leash must: a) Carry a leash for each dog in his/her possession; b) Keep their dog or other animal under voice control and within sight at all times; c) Clean up feces deposited by their dog or other animal and properly dispose of the feces; d) Immediately leash any dog or other animal showing aggressiveness toward people or other dogs and animals; e) Prevent dogs or animals from digging or damaging park resources; and f) Keep dogs and other animal on-leash in developed areas, such as picnic areas, staging areas and lawns

62 Attachment “B” Specific Parks or Areas of Parks Where Dogs Are Prohibited*

Bathing Beaches or Swimming Pools Contra Loma Beach/Swim Area Crown Beach/Swim Area Cull Canyon Swim Lagoon/Beach

Del Valle Beaches/Swim Area Don Castro Lagoon/Beach Lake Anza Beach/Swim Area

Lake Temescal Beach/Swim Area Miller Knox – Keller Beach Shadow Cliffs Beach/Swim Area

Castle Rock Pool Little Hills Pool Roberts Pool

Quarry Lakes Beach/Swim Area Camp Arroyo Pool

Other Parks or Areas of Parks with Specific Reasons for Prohibiting Dogs Ardenwood Preserve Overnight at Ohlone Wilderness and Redwood Stream Protection Area – Sunol Backpack Camp as fenced or posted All District tot lots and children’s play Las Trampas Stables Eastshore State Park – Berkeley structures Meadow interior trails Redwood Arena Meyer’s Garden

Attachment “C” Specific Parks or Areas of Parks Where Dogs Must Be On-leash * (revised 7/10)

All Developed Areas Listed in 801.2 (a)

All (Board Designated) posted and All Public Roads Open to Vehicular All Lawns or Play Fields paved Multi-Use Regional Trails** Traffic

All Decks or Patios All Parking Lots or Staging Areas All Picnic Areas

All Campgrounds All Concession Areas and Facilities All Equestrian Centers - unless posted for no dogs

All Archery Ranges All Gun or Marksmanship Ranges All posted Dog on-leash Areas

* Under Authority of Ordinance #38 Section 801.2

Section 2. All other sections of Ordinance 38 shall remain in full force and effect.

Section 3. This Ordinance shall be published once within 30 days after adoption, in a newspaper of general circulation printed, published and circulated in the District.

Section 4. This Ordinance shall become effective immediately upon its adoption by the Board.

Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The Board of Directors of the East Bay Regional Park District hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

Section 6. Section 1 of this Ordinance shall be codified as part of Ordinance 38. Sections 2, 3, 4, 5 and 6 of this Ordinance shall NOT be codified.

Moved by Director , seconded by Director and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

64 OPERATIONS DIVISION

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

3. OPERATIONS DIVISION

a. Acceptance of the Camping Program Update (Ragatz/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee (by unanimous vote at its June 19, 2014 meeting) recommend that the Board of Directors accept the Camping Program Update.

REVENUE/COST

There is no cost associated with acceptance of the Camping Program Update. Costs related to the implementation of the recommendations of the Camping Program Update will be incurred through normal annual budget development and approval processes.

BACKGROUND

In order to document the improvements and fulfill the potential of camping facilities throughout the District, staff issued a Request for Proposal (RFP) seeking qualified consultants to review and update the camping program established by the Camping Task Force (CTF) in 1996 and the Camping Program Status Report in 2005. Over time, District staff has implemented several of the CTF recommendations as funds have become available. To research this progress and to report on current camping trends, new or recent changes in camping technologies, facilities and services, and camping industry best practices in the region, state and nation, the District awarded a consultant contract to 2M Associates.

Based on their research, 2M Associates created the Camping Program Update, this report provides recommendations for existing and potential camping program enhancements, including both facility and service improvements. Recommendations resulting from this study will guide District staff in establishing priorities for expansion and enhancement of the Camping Program and assure continued improvement of camping facilities and services to meet community needs.

The Board Operations Committee reviewed the Draft Camping Program Update and 2M Associates presented an overview of the report at the Committee meeting on June 19, 2014. Committee members expressed overall satisfaction with the recommendations of the Camping

65 Program Update with comments and questions (Attachment A) and unanimously recommended the full Board accept the Draft Camping Program Update and authorize implementation of the recommendations listed therein.

The Park Advisory Committee reviewed the Draft Camping Program Update and 2M Associates presented an overview of the report at the Committee meeting on June 23, 2014. Committee members expressed general satisfaction with the recommendations of the Draft Camping Program Update with comments and questions (Attachment A) regarding trends and specific site improvements.

Staff is recommending that the Board accept the Draft Camping Program Update final draft report. Although the report contains recommendations for improvements to the District’s overall camping program and establishes broad priorities for implementing those recommendations, individual projects or services will still be subject to normal review and approval processes including appropriate land use planning/environmental review (CEQA), and annual budget development and approval processes. In addition grant funding or other partnership opportunities may allow for individual recommendations or new opportunities to be completed ahead of the priorities established in the report.

ALTERNATIVES

None are recommended.

A copy of the Camping Program Update final draft dated July 3, 2014, is available on the District’s website, [email protected]/meetings, click on “Board of Directors – General Meetings”, then click on “07-15-2014”. You may also call the Clerk of the Board at 510-544-2020.

66 Attachment A

DRAFT CAMPING PROGRAM UPDATE REPORT (6/5/14): COMMENTS COMMENT STAFF COMMENTS Big Break is not suitable for a water trail camp. BOARD OPERATIONS COMMITTEE Director Wieskamp Report was thorough and interesting. Enjoyed comments reflected in survey material. Interested in the SF Presidio campground usage. Emphasized need for restrooms and water stations. Dumbarton Quarry campground prediction of usage and safety concerns – monitoring with cameras. Director Severin Dumbarton Quarry Campground usage for non-traditional user groups, need for outreach to all communities, in county use vs. out-of county reservation priorities. Director Lane Designation of local vs. regional areas – local defined as a 3 – 5 mile geographic area. Survey question regarding freedom to camp anywhere was an interesting comment. What is pop-up camping? Backpack camping has the need for water access. Water trail campsites – Carquinez, Point Pinole and Eckley Public comment: Bria Cartwright, Executive Director, YMCA at Camp Arroyo Appreciated being part of the update process from a user and partnership perspective. Future need for additional Camp Arroyo amenities, additional overnight and meeting space. Comparison to other area environmental education camps, Camp Arroyo is the best in structure and its curriculum. Current concern regarding local users from San Ramon and Dublin outgrowing the site’s ability to accommodate its students/groups. PARK ADVISORY COMMITTEE Linda Best Is the future demand for camping in District parks met by this Update? Bruce Kern Were the Best Practices outlined in Chapter 2 used to develop your recommendations? How should the District increase / decrease use of existing camps? Would like to see future of programs development added to best practices. Diane Burgis Equestrian camping opportunities should be increased. Contra Loma should be used in the off-season for camping and other East Contra Costa County parks should have more camping. What is the long-term effect of the water shortage? Surprised that national trends are declining and camping locally is increasing and that so many people in the survey commented that they want to bring their dog camping. Registration/reservation system could be improved to show more options and be more user-friendly. Bruce Bayaert Did you do a profit/loss statement? Need a policy change to add convenience camping and to increase the amount of RV

67 Attachment A

COMMENT camping opportunities in the District. Any analysis being done on out-of-District vs. in-District users? There should be a Family Camp at Point Pinole. Colin Coffey The priorities list is a good method for moving forward. Would like to see more camping opportunities in Contra Costa County. James Vann Felt the report was easy to read and understandable for all different users. How did you figure in new trends such as bicycling and social media? Are there recommendations for cost containment, such as making camps inactive? Glen Kirby Appreciates the segment on multi-day trip camping. Believes that, although it’s not the best, the ease of making reservations with the District for group camps is better than the National Parks. Believes that AC power opportunities should be increased. John Mercurio Enjoyed learning about the many camping opportunities in the District. Should add the definition of convenience camping at the beginning of the report or at least when it is first mentioned in the report. It should be a focus in the Index as well Daniel Was the Ozol property looked at? Lots of opportunity and need in that area. Pelligrini Adele Ho Would like to see more opportunities in West Contra Costa County. Table 2.5 should have all the types of camping listed not just three of them and would like it on a fold-out page. Michael Look into funding sources for infrastructure upgrades to be available as housing Gregory resources during catastrophic events, maybe funding through FEMA. Adele Ho (e-mail) Our (myself, Bruce, Colin) recommendation at the July PAC meeting was to include consideration of new camping sites in West Contra Costa County. I believe Bruce referred specifically to Point Pinole and Colin to Carquinez. In addition, I would recommend that other West County parks also be considered (for example, Wildcat Canyon, in addition to the already proposed Nimitz Way location). The reason is to better serve residents in West Contra Costa County, where there is a generally lower income level and quite a bit of diversity. I have observed more and more area residents, and from diverse ethnic backgrounds, using Wildcat Canyon in particular over the last several years. Many are groups of families hiking. Establishment of more family camping opportunities in West County thus seems quite timely. Camping programs could tie in nicely with local city efforts to combat childhood obesity and to prevent pollution of creeks and other local waterways. Another benefit of more camping sites in this area will be the opportunity to educate people about stewardship of the environment. In my experience, people may come from countries where there is little done to protect the environment (for example, a creek may be the place where trash is normally dumped); education about our precious natural environment and how and why to protect it is needed and could be incorporated into the permit process and campground programs. This could also lead to possible funding from creek and storm water grant funds for educational programs and interpretive exhibits. Bruce Bayeart (e-mail) West Contra Costa County Lacks Family Camping: As shown in Fig. 1-1, the only overnight camping in western Contra Costa County is a single, small group camp site added to Point Pinole Regional Shoreline several years ago. In fact, the District has very few camping opportunities anywhere in Contra Costa County. Of the 42 camps shown on Fig. 1.1, 34 are located in southern Alameda County and concentrated in the hills between Anthony Chabot and Tilden. I recommend placing in top priority (1 to 7 years) creation of two or more family camp grounds in western Contra Costa.

68 Attachment A

COMMENT There are many candidate sites in 2315-acre Point Pinole Regional Shoreline, which is the largest shoreline park on San Francisco Bay and will have new second entrance next year. The former “Belgum Sanatorium” site in Wildcat Canyon Regional Park also would be attractive for a family campground. Residents of the cities of Pinole, San Pablo and Richmond deserve to have convenient opportunities for family camping, especially for those in underserved neighborhoods. Net Cost of Providing Camping: Table 1-2 on page 9 shows camping revenues; however costs are not shown. Capital, operating and maintenance costs should be presented along with revenues for the different categories of camping, e.g., family, trailer/RV, group and backpack. Information on net costs or income is essential input for informed decision-making on expansion of camping facilities, especially if the District is to consider capital and maintenance intensive facilities such as for RV, trailer and "convenience” camping. “Environmental” Campsites: Many parks, e.g. California State Parks, provide walk-in “environmental” campsites. Please consider adding this category and this type of family camping opportunity. This is especially important to allow those using tents to escape from a camping environment with big RVs and trailers. Tourist Camping: I believe that the District should focus on providing camping opportunities for residents of the two counties. After all, they are the ones who pay taxes to sustain EBRPD. The District should not invest to build and pay to operate camp grounds providing cheap lodging for out-of-area tourists visiting the typical Bay Area tourist attractions, rather than seeking a place to enjoy the natural world of District park lands. It appears that RV and trail camping is most likely to be used by tourists rather than local residents. If true --- and this should be confirmed by surveying home addresses of those renting such sites — I recommend against expanding RV and trailer camping opportunities. Table 2-1, Page 23: The legend does not identify the red colored portion of the bar chart. Attachment D: The numbers presented for summer “daily use” of picnic sites in Miller/Knox are too low. Is the data presented for reservations, rather than “Daily Use”? ADDITIONAL COMMENTS Association of Bay Area Governments and Coastal Conservancy (Ann Buell, Project Manager) Two comment letters received regarding list of potential water trail launch sites, partnerships, use of Big Break, and designation process.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

ACCEPTANCE OF THE CAMPING PROGRAM UPDATE

WHEREAS, the District has made substantial progress in the implementation of the 1996 Camping Task Force and the 2005 Camping Program Status Report recommendations; and

WHEREAS, to research this progress and to report on current camping trends, new or recent changes in camping technologies, facilities and services, and camping industry best practices in the region, state and nation, the District awarded a consultant contract to 2M Associates; and

WHEREAS, based on their research, 2M Associates created the Camping Program Update, and

WHEREAS, recommendations resulting from the Camping Program Update will guide District staff in establishing priorities for expansion and enhancement of the Camping Program and assure continued improvement of camping facilities and services to meet community needs; and

WHEREAS, the Board Operations Committee at its June 19, 2014 meeting, reviewed and unanimously approved that the Board of Directors accept the Camping Program Update and authorize implementation of the recommendations; and

WHEREAS, the Park Advisory Committee at its June 23, 2014 meeting, reviewed and commented on the draft Camping Program Update;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accept the Camping Program Update; and

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

70 FINANCE AND MANAGEMENT SERVICES

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

4. FINANCE AND MANAGEMENT SERVICES

a. PUBLIC HEARING

Approval of the Measure CC 2014/15 Tax Report and Proposed Measure CC Budget Revenues and Expenditures for 2015 (Jones/Auker/Collins)

RECOMMENDATION

The General Manager and Board Finance Committee unanimously recommend that the Board of Directors approve the Measure CC 2014/15 Tax Report and direct staff to include the proposed Measure CC Budget Revenue and Expenditures in the 2015 District Budget.

REVENUE/COST

This action will authorize Alameda and Contra Costa counties to collect the voter-approved Measure CC revenues, estimated to be $3,251,248 for the fiscal year 2014/15. County collection fees are estimated to be $83,500, and the expense for the preparation of the Special Tax Report is $16,500. Including a projected $5,000 in interest earned, this will yield net revenue to the District estimated at $3,156,248. This action proposes that $2,186,210 in Measure CC expenditures be appropriated in the 2015 District Budget. The Special Tax Report is attached as Exhibit 1, and the proposed appropriations are summarized in Exhibit 2.

BACKGROUND

Provisions of Measure CC require an annual expenditure plan to be adopted by the Board of Directors. NBS has been retained by the District to prepare a tax report specifying the basis and amount to be levied for the 2014/15 tax year. The tax report is based on proposed Measure CC expenditures for 2015 as reviewed by the Board at their April 21, 2014 Workshop. The proposed expenditures have been amended since this review; $602,250 in matching funds for the FEMA brushing grant, spread across six fuels management projects, have been removed from the schedule, as the exact timing of the grant is unknown. Should the brushing grant be received in 2015, staff will bring a separate request before the Board for appropriating the matching funds. The revenues and expenditures proposed in the Tax Report are consistent with Measure CC as it was approved by voters. The purpose of this item is to

71 review the proposed expenditure plan and recommend it be adopted as the basis of the 2014/15 Tax Report and 2015 Budget.

This action will establish the plan for the tenth full year of the Measure CC program. The first appropriations from this program were authorized in late 2005. Including 2006 through 2014, a total of $18,865,028 has been appropriated to capital projects and $7,909,216 for operating expenditures.

The Measure CC tax report is prepared, and tax revenues are collected, on a fiscal year basis. However, the District operates on a calendar-year budget; therefore the Measure CC budget has been adjusted to a calendar-year expenditure plan to match our standard practice for budgeting and in our Comprehensive Annual Financial Report. Revenue provided from this 2014/15 Tax Report will be used to fund the 2015 projects listed in this plan, outlined on the following page and shown in Exhibit 2. Final 2015 Budget appropriations may vary slightly from the amounts listed on this schedule as exact wage and benefit costs are calculated as part of the 2015 Budget process.

Revenues Measure CC revenues for the 12-month period of July 1, 2014 to June 30, 2015 are estimated to be $3,251,248. County collection fees and consulting fees are estimated to be $83,500 and $16,500, respectively. Along with a projected $5,000 in interest, this will yield net revenue to the District estimated at $3,156,248. This revenue will be appropriated as part of the 2015 annual District Budget.

Expenditures Appropriations for expenditure of the Measure CC funds are proposed to be consistent with the schedules previously reviewed by the Board of Directors. A summary budget schedule by project is shown in Exhibit 2. The total appropriation for 2015 Measure CC projects is $2,186,210; $1,013,920 for capital/one-time uses and $1,172,290 for operating expenses. One project will receive its first Measure CC funds in 2015: Wildcat Canyon Regional Park (Clark- Boas Access - Restore trailhead area, improve access from El Sobrante and Richmond) will receive its full allocation of $100,000. Those projects already in progress and scheduled to receive additional funding in 2015 are shown in the table on the following page.

The Measure CC language includes a commitment that, over the life of the program, 33% of the funds will be used for resource-related projects, 57% for access/infrastructure/safety improvements, and a 10% reserve held for future opportunities as identified by the Board of Directors. From 2005 through the proposed budget for 2015, 35% of the funds appropriated thus far are for resource-related projects.

72 ONGOING PROJECTS/OPERATIONS RECEIVING ADDITIONAL FUNDING IN 2015 CC Location Project Line # Operate Triangle Park if received from the Naval Air Station Alameda Point 71 redevelopment project Brooks Island Enhance Caspian Tern nesting area 42 Complete trail system- with North to South and East to Claremont West connections in a route that is compatible with 52 Canyon protection of rare species. Maintain until stable. Crown Beach Operate Visitor Center year-round 11 District-wide Complete the East Bay Hills Fire Reduction/Management Plan 1 Fuels management in Redwood, Wildcat Canyon, Tilden, 5, 6, 26, District-wide Sibley, Leona, Claremont Canyon, Anthony Chabot, and Lake 35, 39, Chabot parks 40 Eastshore Fund ongoing operations and police patrols 8 Add four more flush restrooms in main park area to Miller-Knox 75 eliminate long lines MLK Jr. Clapper Rail habitat enhancement and spartina control 21 Continue final phase III public access improvements which MLK Jr. will include parking, staging, picnic, meadow, trail and access 37 components Oakland Zoo Fund ongoing operations 9 Continue park-wide eucalyptus grove thinning and sprout Point Pinole 24 control program Enhance wetland areas for black rail habitat (remove Point Pinole 55 iceplant) Richmond Wetlands - Habitat enhancement and shoreline Richmond restoration of wetlands in the vicinity of Point Pinole and 69 Wetlands other shoreline areas Sibley Open and operate new access to expanded parkland 59 Install 3 flush toilets, install lift station to connect to replaced Wildcat Canyon 49 sewer line Wildcat Canyon Watershed sediment study 50 Wildcat Canyon Gravel 2.5 miles of trail for all season use 78 Wildcat Canyon Bay Trail: New trail segment around West County to Point Pinole Wastewater facility connecting Wildcat Creek Trail to San 61 Trail Pablo Creek and Point Pinole to the Richmond Parkway

73 Reserve, Fund Balance and Equitable Distribution of Funds Policy The 10% Reserve for Unknown Events and Opportunities is accruing in the Measure CC Fund Balance and is estimated to be nearly $3 million by year-end 2014. Absent any use of funds authorized by future Board action, the contingency fund balance accumulated by 2020 is anticipated to be approximately $4.7 million.

The Board requested that staff provide information annually to show that the Measure CC revenues are being used to augment, not supplant, the District’s appropriation of other funds to parks and facilities in the Measure CC area. Staff presented to the Board at the April 21, 2014 Workshop a summary listing, by Metro Area and Park, of the operating budget appropriations for 2005 through 2014 from General and Special Revenue Funds as listed in the District’s adopted annual budget. This schedule suggests that the metro-area appropriation of all operating funds, not including Measure CC, grew on average at similar rates since 2005.

ALTERNATIVE

Approval of a tax report is required for collection and appropriation of the Measure CC revenue. The Board could choose to modify the proposed appropriations for the 2015 Measure CC budget. Significant changes at this time would require revision of the tax report; therefore, this alternative is not recommended.

74 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

APPROVAL OF THE MEASURE CC 2014/15 TAX REPORT AND PROPOSED MEASURE CC BUDGET REVENUES AND EXPENDITURES FOR 2015

WHEREAS, for 80 years the East Bay Regional Park District has maintained and operated Regional Parks, and from time to time seeks public support to provide funding for resource protection and management, public access and safety infrastructure and ongoing park operations; and

WHEREAS, in November 2004, the District Board of Directors submitted to the voters of that portion of the District identified as Zone 1, generally inclusive of cities and unincorporated areas of the District extending from Oakland through Pinole a proposal, Measure CC, to establish an excise tax for these purposes; and

WHEREAS, voters approved Measure CC by the requisite 2/3 vote; and

WHEREAS, the Board of Directors has, under this voter-approved authority, directed that a tax report be prepared for submission to Alameda and Contra Costa Counties to implement Measure CC, and that a budget be prepared and brought to the Board of Directors for approval consistent with the provisions of this measure; and

WHEREAS, such tax report and proposed budget have been prepared and brought to the Board this date for consideration; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approve and authorize the East Bay Regional Park District Measure CC Special Tax – Fiscal Year 2014/2015 Tax Report, as attached and made a part of this resolution, to be submitted to Alameda and Contra Costa Counties to initiate the tax collection provisions; and

BE IT FURTHER RESOLVED, that the Board of Directors hereby directs that the Measure CC projects and activities stipulated in Exhibit 2 be proposed and discussed as part of preparation of the 2015 District Budget; and

75 Moved by Director , seconded by Director , and approved this 15th day of July, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

76 East Bay Regional Park District

Measure CC Special Tax

Fiscal Year 2014/15 Tax Report

July 2014

Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998

Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439

77 EAST BAY REGIONAL PARK DISTRICT MEASURE CC SPECIAL TAX

2950 Peralta Oaks Court Oakland, California 94605 Phone - (888) 327-2757

BOARD OF DIRECTORS

Whitney Dotson, Board Member

John Sutter, Board Member

Carol Severin, Board Member

Doug Siden, Board Member

Ayn Wieskamp, Board Member

Beverly Lane, Board Member

Ted Radke, Board Member

DISTRICT STAFF

Robert E. Doyle, General Manager

Dave Collins, Assistant General Manager

Ted Radosevich, District Counsel

Cinde Rubaloff, Chief Financial Officer/Controller

NBS

Tim Seufert, Project Director

Trevor Speer, Project Manager

Nick Dayhoff, Consultant

78 TABLE OF CONTENTS

1. EXECUTIVE SUMMARY...... 1-1

2. DESCRIPTION OF PROJECTS/OPERATIONS...... 2-1 3. ESTIMATE OF COSTS ...... 3-1

4. ZONE 1 BOUNDARIES ...... 4-1

5. SPECIAL TAXES ...... 5-1 5.1 Special Tax Administration...... 5-1 5.2 Special Tax Roll ...... 5-3

APPENDIX: RESOLUTION NO. 2004-7-157

79 1. EXECUTIVE SUMMARY

On November 2, 2004, registered voters in the East Bay Regional Park District ("EBRPD") voted to approve the Measure CC 15-year special tax. The purpose of this tax is to raise additional revenue to fund public access, wildfire protection, public safety, and environmental maintenance of EBRPD parks and trails within special tax area (“Zone 1”). The full text of Measure CC is included in the Appendix of this report.

The special tax to be levied within Zone 1 for Fiscal Year 2014/15 is shown in the following table:

SUMMARY OF SPECIAL TAX

Fiscal Year 2014/15 Fiscal Year 2014/15 As Confirmed by District Proposed Special Tax Maximum Special Tax Board Zone 1 $3,251,248.44 $3,251,248.44

In Alameda County, Zone 1 boundaries include the incorporated cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont, as well as some unincorporated areas. In Contra Costa County, Zone 1 boundaries include the incorporated cities of Richmond, San Pablo, and EI Cerrito, a portion of the incorporated city of Pinole as well as unincorporated areas of EI Sobrante and Kensington. All revenue collected through this tax in Zone 1 must be spent in Zone 1.

EBRPD parks within Zone 1 include:

 Alameda Point  Alvarado  Anthony Chabot  Brooks Island  Claremont Canyon  Crown Beach  Eastshore State Park  Huckleberry  Kennedy Grove  Lake Chabot  Leona  Martin Luther King Jr. Shoreline  Miller/Knox  Pt. Isabel  Pt. Pinole  Redwood  Roberts  Sibley  Temescal  Tilden  Tilden Nature Area  Wildcat Canyon

Measure CC Special Tax Report – East Bay Regional Park District 1-1 Prepared by NBS – Fiscal Year 2014/15 80 2. DESCRIPTION OF PROJECTS/OPERATIONS

The following is a listing of projects/operations that have been completed or will be funded from special tax collections through Fiscal Year 2014/15:

Park & Trail Project Description Retain consultant(s) to work with staff and the Hills Emergency Forum to prepare the required environmental documents necessary to comply East Bay Hills Fire Hazard Reduction Plan EIR with the Natural Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA) to complete the Fire Hazard Reduction Plan for the East Bay Hills. Redwood Regional Park Paint Piedmont Stables Redwood Regional Park Renovate Piedmont Stables Residence Install automatic fire sprinkler system to protect Tilden Regional Park historic merry-go-round Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break Anthony Chabot and Lake Chabot Regional areas to provide defensible space near structures Parks and meet the Hills Emergency Forum 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break Claremont Canyon and Sibley Volcanic Regional areas to provide defensible space near structures Preserves and meet the Hills Emergency Forum 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. Construct the Bay Trail Extension around Golden Eastshore State Park Gate Fields. Initial operation of landbank properties, policing, fire response, resource protection, trail patrol, trash pickup, and maintenance. Includes operation following completion of resource restorations and careful debris removal. No Eastshore State Park constructed facilities except trail circulation. Negotiate joint operating and funding agreement with State Parks to cover operating costs. The project will require the use of $50,000 in annual revenue from concessions, interest and trust fund principal. Support operations of the Zoo, a regional facility Oakland Zoo that operates open space contiguous to Anthony Chabot Regional Park. Pt. Isabel Regional Shoreline Convert 3 chemical toilets to vault toilets

Measure CC Special Tax Report – East Bay Regional Park District 2-1 Prepared by NBS – Fiscal Year 2014/15 81 Park & Trail Project Description Open and operate Crab Cove Visitor Center for Robert Crown Memorial State Beach added 3 months each year to provide year-round service. Robert Crown Memorial State Beach Repave McKay Street & Replace Water Line

Replace 94 deteriorating wood tables with tables Robert Crown Memorial State Beach that can withstand the salty environment Construct Merry-Go-Round weather-tight Tilden Regional Park enclosure. Tilden Nature Area Roof two barn buildings. Tilden Nature Area Sewer for EEC Assess and remove hazardous trees, promote Tilden Regional Park native tree regeneration Wildcat Canyon Regional Park Install emergency phone at Staging Area Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break Wildcat Canyon/Alvarado & Tilden Regional areas to provide defensible space near structures Parks and meet the Hills Emergency Forum 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. Implement four-year research project for Claremont Canyon Regional Preserve Alameda Whipsnake habitat enhancement. (Tilden) Damon Slough/San Leandro Bay marsh cleanup, Martin Luther King Jr. Regional Shoreline Clapper Rail habitat enhancement, and spartina control. Retrofit Boat launch ramp at Doolittle for disabled Martin Luther King Jr. Regional Shoreline access Renovate family and group picnic tables (79), Miller/Knox Regional Shoreline barbecues, and drinking fountains Continue park-wide eucalyptus grove thinning Point Pinole Regional Shoreline and sprout control program Implement preventative maintenance program for Pt. Isabel Regional Shoreline shoreline path and both parking lots Remove redgum and freeze damaged eucalyptus Robert Sibley Volcanic Regional Preserve along the western boundary South of the Staging Area Implement preventative maintenance program on Roberts Regional Recreation Area all paved trails and parking areas Renovate family and group picnic tables, Roberts Regional Recreation Area barbecues, and drinking fountains Repair and overlay pavement on internal paths Roberts Regional Recreation Area and service trails Add 2 new picnic sites at the North end to add Temescal Recreation Area group picnics from overloaded south end Install disabled accessible ramp to Pony Ride Tilden Regional Park Restroom and Picnic area Tilden Nature Area Finish exhibits and lighting at the EEC

Measure CC Special Tax Report – East Bay Regional Park District 2-2 Prepared by NBS – Fiscal Year 2014/15 82 Park & Trail Project Description Retrofit to make Disabled Accessible Exhibits in Tilden Nature Area EEC Tilden Nature Area Upgrade electrical service at the Little Farm Thin trees /or remove excessive fuels within 250 Anthony Chabot Vegetation Management acres of eucalyptus groves- following EB Hills CEQA. Fence the boundary of the Oakland Sports Field Martin Luther King Jr. Regional Shoreline to control cars Undertake Phase II and III public access improvements and operate the Tidewater use Martin Luther King Jr. Regional Shoreline area in concert with the Oakland Strokes Boathouse. Includes parking, staging, picnic, meadow, trail, and access components. Renovate restrooms at Railroad Museum and Miller/Knox Regional Shoreline install lift for disabled access to main museum floor. Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break Redwood Regional Park, Leona Regional Open areas to provide defensible space near structures Space and meet the Hills Emergency Forum 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break areas to provide defensible space near structures Wildcat Canyon Regional Park and meet the Hills Emergency Forum 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. Connect Chabot Stable to nearby municipal Anthony Chabot Regional Park sewer to eliminate pump-outs Enhance Caspian Tern nesting area. Includes Brooks Island Regional Preserve placement of public access landing on the Island. Renovate family and group picnic tables, Kennedy Grove Recreation Area barbecues, and drinking fountains Repair and repave pathways within the Kennedy Grove Recreation Area recreation area Implement a pavement management program for Miller/Knox Regional Shoreline all park roads, paved trails, and parking lots Restore 100 acres of grasslands and sensitive Point Pinole Regional Shoreline plant species habitat Rehabilitate 2 ponds on the Stone property to re- Robert Sibley Volcanic Regional Preserve establish habitat values Renovate ball field-upgrade irrigation and correct Roberts Regional Recreation Area drainage Install 3 flush toilets, install lift station to connect Wildcat Canyon Regional Park to replaced sewer line Wildcat Canyon Regional Park Watershed sediment study

Measure CC Special Tax Report – East Bay Regional Park District 2-3 Prepared by NBS – Fiscal Year 2014/15 83 Park & Trail Project Description Replace 4 Bort Meadows chemical toilets with vault disabled accessible toilets to reduce Anthony Chabot Regional Park maintenance costs and improve customer convenience. Complete trail system- with North to South and East to West connections in a route that is Claremont Canyon Regional Preserve compatible with protection of rare species. Maintain until stable Undertake a study to seek information on the permitting, environmental compliance and design Martin Luther King Jr. Regional Shoreline options for construction of the trail around the west shore of San Leandro Bay along Doolittle Drive. Operate if constructed. Bay Trail - Extend and operate the Bay Trail from Marways Steel north one mile to the Zone Point Pinole Regional Shoreline Boundary along the shoreline. Includes installation of one pedestrian bridge. Enhance wetland areas for black rail habitat Point Pinole Regional Shoreline (remove iceplant) Replace old playground structure with new, safer Pt. Pinole Regional Shoreline ADA structure Re-grade/re-route old fire roads to eliminate soil Redwood Regional Park erosion and continuing winter damage Complete removal of non-native eucalyptus Robert Sibley Volcanic Regional Preserve suckers, pine seedlings, and broom in the Sibley Triangle Open and operate the landbanked former Stone Property. Install interpretive panels, construct a Robert Sibley Volcanic Regional Preserve small staging area at Fish Ranch Road and trail links to existing Sibley trails. Temescal Recreation Area Sealcoat All Parking Lots Bay Trail - New trail segment around West County Wastewater facility connecting Wildcat Wildcat Canyon to Point Pinole Trail Creek Trail to San Pablo Creek and Point Pinole to the Richmond Parkway. Approximately 1 mile. Remove 16,000 cu/yds. of silt and vegetation to Miller/Knox Regional Shoreline keep the park's lagoon healthy Remove tracks, fencing and re-grade railroad right of way to provide public access from park to Miller/Knox Regional Shoreline the bay and to Keller Beach. Implement a major renovation of meadow areas- verticut, topdress, seed, and extend irrigation Remove Debris and Silt Between Dam and Tilden Nature Area Bridge, and Rebuild Silt Dam Extend waterline to Staging Area for drinking Wildcat Canyon Regional Park fountain and fire hydrant Replace 10 chem toilets (excludes Bort Meadows Anthony Chabot Regional Park toilets in another project) with vault toilets- to reduce pumping cost improve visitor convenience Bay Trail -- Extend and operate the Bay Trail Point Molate north to Point Molate and Point San Pablo

Measure CC Special Tax Report – East Bay Regional Park District 2-4 Prepared by NBS – Fiscal Year 2014/15 84 Park & Trail Project Description Solve problem of at-surface waterline - Stream Redwood Regional Park Trail between Tres Sendas & the main line vault at Old Fern Hut. Richmond Wetlands -- Habitat enhancement and Richmond Wetlands shoreline restoration of wetlands in the vicinity of Point Pinole and other shoreline areas. Tilden Regional Park Replace 14 chemical toilets with vault toilets Operate Triangle Park if received from the Naval Alameda Point Air Station redevelopment project. Operate two miles of Bay Trail at Alameda Point Alameda Point when completed as part of the base conversion process. Giant Marsh Restoration -- cleanup, monitoring and management of the marsh at the south end Point Pinole Regional Shoreline of Point Pinole. Provide matching funds for future grant opportunities. Renovate the Brooks and Buckeye LUP/EIR Tilden Regional Park picnic area rehabilitation plan Add four more flush restrooms in main park area Miller/Knox Regional Shoreline to eliminate long lines Richmond Shoreline Restoration -- Removal of industrial debris, cleanup and enhancement of Point Molate shoreline habitat north of Miller Knox Regional Shoreline to Point San Pablo. Clark-Boas Access -- Restore trailhead area; Wildcat Canyon Regional Park improve access from El Sobrante and Richmond. Wildcat Canyon Regional Park Gravel 2.5 miles of trail for all season use Administrative Fees Consulting Firm to Prepare Engineering Report

Measure CC Special Tax Report – East Bay Regional Park District 2-5 Prepared by NBS – Fiscal Year 2014/15 85 3. ESTIMATE OF COSTS

The EBPRD receives revenue funding from Measure CC. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the Zone 1. The budget for Fiscal Year 2014/15 is shown in the following table:

Description Amount Sources Beginning Fund Balance, January 1, 2014 $2,282,228 Total Special Taxes FY 2014/15 3,251,248 County Collection Fees (83,533) Interest 5,000 Total Sources $5,454,943 Uses Appropriations to Capital & Other Than Asset Projects $2,060,610 Grants 100,000 Engineer Fees 16,500 Total Uses $2,177,110 Projected Change in Fund Balance $995,605 Projected Ending Fund Balance, December 31, 2014 $3,277,833

Measure CC Special Tax Report – East Bay Regional Park District 3-1 Prepared by NBS – Fiscal Year 2014/15 86 4. ZONE 1 BOUNDARIES

From the point of origin at the junction of the Contra Costa County line, the Richmond City line and the Pinole City line, proceed south-easterly on the Pinole City line to Highway 80. Proceed northeasterly on Highway 80 to its intersection with Census Tract 3601 (Appian Way). Follow Census Tract Line (Appian Way) southward to its intersection with Census Tract 3602. Follow Census Tract 3602 east to its intersection with Census Tract 3601 (Richmond City line). Follow Census Tract 3601 clockwise along the Richmond City line to its intersection with the boundary of Kennedy Grove Regional Park. Clockwise on the Kennedy Grove boundary to the Richmond City line. South on the Richmond City line to the boundary of Tilden Regional Park. South on the boundary of Tilden Regional Park to the junction of the Orinda City line and the Tilden Park boundary. South on the Orinda City line to Lomas Cantadas. West on Lomas Cantadas to the intersection with Grizzly Peak Boulevard. West on Grizzly Peak Boulevard to the Alameda County line. Follow the Alameda County line in a southward direction to its intersection with the northernmost boundary of Robert Sibley Volcanic Regional Preserve. Follow the Sibley Preserve boundary clockwise to its intersection with the boundary of Huckleberry Regional Preserve. Follow the boundary of Huckleberry Regional Preserve clockwise to the intersection of Skyline Boulevard, Pinehurst Road, and the Alameda County line. Follow the Alameda County line southeastward to the boundary of Redwood Regional Park. Follow the Redwood Regional Park boundary clockwise in a southeasterly direction to Pinehurst Road. Pinehurst Road southerly to Redwood Road. Redwood Road southerly to the southernmost boundary of Anthony Chabot Regional Park. Clockwise in a westerly direction on the boundary of Chabot Regional Park to its intersection with the Oakland City line. Proceed southwesterly in a clockwise direction on the Oakland City line to the intersection of the Oakland City line, the Alameda City line, and the Alameda County line. Proceed northerly on the Alameda County line to the Contra Costa County line and northerly on the Contra Costa County line to the point of origin.

The following page shows the boundary map for Zone 1.

Measure CC Special Tax Report – East Bay Regional Park District 4-1 Prepared by NBS – Fiscal Year 2014/15 87 88 5. SPECIAL TAXES

The special tax is levied annually on each property within Zone 1 as follows:

Use of Property Rate Unit Single-Family Residential Parcels $12.00 Per parcel Multi-Family Residential Parcels 8.28 Per dwelling unit

For Fiscal Year 2014/15, there are 124,927.0 taxable single-family residential units within Alameda County for a total of $1,499,124.00; there are 49,636.0 taxable single-family residential units within Contra Costa County for a total of $595,632.00.

For Fiscal Year 2014/15, there are 120,396.0 taxable multi-family residential units within Alameda County for a total of $996,878.88; there are 19,277.0 taxable multi-family residential units within Contra Costa County for a total of $159,613.56.

5.1 Special Tax Administration

INTRODUCTION

Specific details for the administration of the special tax are included in the full text of Measure CC in the Appendix. The following provides an overview of the major elements of this administration.

GENERAL ADMINISTRATIVE REQUIREMENTS

An annual special park and operations maintenance tax, in the amount set forth in the table above, is imposed on every occupant of real property used for residential purposes within Zone 1. Where there is more than one person who is an occupant, the tax shall not exceed the amounts set forth in the table above for the occupants of any parcel or unit.

The tax is an excise tax imposed on the occupant as of July 1 of each year; provided, however, that if any building or structure on any parcel is unoccupied on that date, the tax is imposed on the first occupant occupying the building or structure during the year.

Notwithstanding the tax liability of the occupant, the owner of each parcel giving rise to tax liability under this resolution shall be responsible for the collection and/or remittance of the tax due and payable hereunder. The tax required to be collected by the owner constitutes a debt owed by the owner to the EBRPD.

USE OF PROCEEDS

All proceeds of the tax levied and imposed shall be accounted for and paid into a special account designated for use of operations and maintenance of park and trail facilities only.

The following table indicates how revenue in such special account may be used:

Special Account Portion Park Access, Infrastructure and Safety Improvement 57% Resource-Related Projects 33% Reserve for Unknown Events and Opportunities 10% Total 100%

Measure CC Special Tax Report – East Bay Regional Park District 5-1 Prepared by NBS – Fiscal Year 2014/15 89 The overall commitment to natural resources shall be no less than 30 percent of the revenue raised by the entire measure.

The specific projects for which the proceeds of the tax have been deemed necessary are described in the spending plan adopted by the EBRPD on August 3, 2004. Each listed project will legally require separate review and approval by the EBRPD. Approval of the tax was not the equivalent of approval of any specific project listed and is not a guarantee that every project listed therein will be undertaken and completed in the time frame provided. However, the EBRPD hereby commits, to the extent allowed by CEQA and similar environmental review laws, to pursuing completion of the listed projects.

The EBRPD will hold annual public hearings on project selections and allocations funded by the measure. Each year there will be a public accounting of the use of funds during the past year, as required by Government Code Section 50075.3, and approval of the use of funds for the next year, including review by the Board Finance Committee. The EBRPD may hold public forums from time-to- time, whenever questions or issues arise that merit additional input from the general public, including stakeholder groups and organizations.

EXEMPTIONS

The owner of real property that is unimproved is exempt from collection and payment of the tax. The tax imposed shall not apply to the occupant of any property who, for any reason, is legally exempt.

SENIOR EXEMPTIONS

There shall be a 50% discount available for an occupant who is a senior citizen (age 65 and over) whose annual income is below the State-defined poverty level. This program shall be administered by the EBRPD.

UNTIMELY OR UNPAID TAXES

A one-time penalty of 10 percent (10%) of the tax due shall be imposed on all taxpayers who fail to pay the tax. The penalty shall become a part of the tax debt herein required to be paid. In addition, if the tax remains unpaid as of July 1 of the following year, an additional penalty of one and one-half percent per month shall accrue on all amounts unpaid. If collected by the Counties, the provisions of the Revenue and Taxation Code shall be applicable.

The amount of any tax or penalty imposed under the provisions of this resolution shall be deemed a debt to the EBRPD. Any person owing money under provisions of this resolution shall be personally liable for such amount in any action brought in the name of the EBRPD for the recovery of the amount owed. The EBRPD will be entitled to recover from the person against whom such action is brought its costs incurred in connection with such action, including its reasonable attorney's fees.

EBRPD participates in the "Teeter Plan" within the County of Contra Costa whereby the County pays all delinquent special taxes to the EBRPD and in return the County initiates collection proceedings and, when collected, keeps all delinquent payments with interest and penalties. This plan allows the EBRPD to maintain reliable special tax revenues and reduces the cost of collection.

APPROPRIATIONS LIMIT

In no case shall the revenues generated by the tax levied and imposed by this resolution exceed the limitation established by Article XIIIB of the Constitution of the State of California.

Measure CC Special Tax Report – East Bay Regional Park District 5-2 Prepared by NBS – Fiscal Year 2014/15 90 5.2 Special Tax Roll

The 2014/15 special tax roll for all Assessors' Parcels of land within the boundaries of Zone 1 has been filed with the EBRPD and is included herein by reference.

Measure CC Special Tax Report – East Bay Regional Park District 5-3 Prepared by NBS – Fiscal Year 2014/15 91 APPENDIX: RESOLUTION NO. 2004-7-157

92 93 94 95 96 97 98

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Retain consultant(s) to work with staff and the Hills Emergency Forum to prepare the required East Bay Hills Fire environmental documents necessary to comply 1 Hazard Reduction with the Natural Environmental Protection Act 2005 1,175,000 861,342 46,630 46,630 267,028 Plan EIR (NEPA) and the California Environmental Quality Act (CEQA) to complete the Fire Hazard Reduction Plan for the East Bay Hills.

Redwood 2 Paint Piedmont Stables 2005 33,300 33,300 Regional Park Redwood 3 Renovate Piedmont Stables Residence 2005 50,000 50,000 Regional Park

Tilden Regional Install automatic fire sprinkler system to protect 4 2005 66,600 66,600 Park historic merry-go-round

Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break Anthony Chabot areas to provide defensible space near 5 and Lake Chabot 2006 1,475,000 1,003,760 162,000 162,000 309,240 structures and meet the Hills Emergency Forum Regional Parks 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Manage vegetation for fuels reduction in coordination with the protection and Claremont enhancement of wildlife habitat in fuel break Canyon and Sibley areas to provide defensible space near 6 2006 1,175,000 849,394 113,000 113,000 212,606 Volcanic Regional structures and meet the Hills Emergency Forum Preserves 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires.

Eastshore State Construct the Bay Trail Extension around 7 2006 100,000 74,564 25,436 Park Golden Gate Fields.

Initial operation of landbank properties, policing, fire response, resource protection, trail patrol, trash pickup, and maintenance. Includes operation following completion of resource restorations and careful debris removal. No Eastshore State 8 constructed facilities except trail circulation. 2006 6,007,500 3,114,536 406,280 406,280 2,486,684 Park Negotiate joint operating and funding agreement with State Parks to cover operating costs. The project will require the use of $50,000 in annual revenue from concessions, interest and trust fund principal.

Support operations of the Zoo, a regional facility 9 Oakland Zoo that operates openspace contiguous to Anthony 2006 1,500,000 900,000 100,000 100,000 500,000 Chabot Regional Park. 99 100

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Pt. Isabel Regional 10 Convert 3 chemical toilets to vault toilets 2006 100,000 97,138 2,862 Shoreline

Robert Crown Open and operate Crab Cove Visitor Center for 11 Memorial State added 3 months each year to provide year- 2006 1,458,000 951,907 119,370 119,370 386,723 Beach round service.

Robert Crown 12 Memorial State Repave McKay Street & Replace Water Line 2006 700,000 700,000 Beach

Robert Crown Replace 94 deteriorating wood tables with tables 13 Memorial State 2006 100,000 100,000 that can withstand the salty environment Beach

Tilden Regional Construct Merry-Go-Round weather-tight 14 2006 200,000 200,000 Park enclosure.

Tilden Nature 15 Roof two barn buildings. 2006 16,650 16,650 Area

Tilden Nature 16 Sewer for EEC 2006 575,000 575,000 Area

Tilden Regional Assess and remove hazardous trees, promote 17 2006 200,000 199,028 972 Park native tree regeneration

Wildcat Canyon 18 Install emergency phone at Staging Area 2006 11,660 11,662 (2) Regional Park Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Manage vegetation for fuels reduction in coordination with the protection and Wildcat enhancement of wildlife habitat in fuel break Canyon/Alvarado areas to provide defensible space near 19 2006 1,660,000 1,560,468 99,532 & Tilden Regional structures and meet the Hills Emergency Forum Parks 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires.

Claremont Implement four-year research project for 20 Canyon Regional Alameda Whipsnake habitat enhancement. 2007 120,000 120,000 Preserve (Tilden)

Martin Luther Damon Slough/San Leandro Bay marsh cleanup, 21 King Jr. Regional Clapper Rail habitat enhancement, and spartina 2007 70,000 35,739 5,830 5,830 28,431 Shoreline control.

Martin Luther Retrofit Boat launch ramp at Doolittle for 22 King Jr. Regional 2007 44,400 44,400 disabled access Shoreline

Miller/Knox Renovate family and group picnic tables (79), 23 Regional 2007 50,000 50,000 barbecues, and drinking fountains Shoreline

Point Pinole Continue park-wide eucalyptus grove thinning 24 Regional 2007 559,860 302,410 43,740 43,740 213,710 and sprout control program Shoreline 101 102

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Pt. Isabel Regional Implement preventative maintenance program 25 2008 39,960 43,007 (3,047) Shoreline for shoreline path and both parking lots

Robert Sibley Remove redgum and freeze damaged eucalyptus 26 Volcanic Regional along the western boundary South of the Staging 2011 131,680 12,500 60,000 60,000 59,180 Preserve Area

Roberts Regional Implement preventative maintenance program 27 2008 63,936 63,934 2 Recreation Area on all paved trails and parking areas

Roberts Regional Renovate family and group picnic tables, 28 2007 33,300 33,300 Recreation Area barbecues, and drinking fountains

Roberts Regional Repair and overlay pavement on internal paths 29 2008 46,886 46,886 Recreation Area and service trails

Temescal Add 2 new picnic sites at the North end to add 30 2007 35,000 34,989 11 Recreation Area group picnics from overloaded south end

Tilden Regional Install disabled accessible ramp to Pony Ride 31 2008 5,550 5,550 Park Restroom and Picnic area Tilden Nature 32 Finish exhibits and lighting at the EEC 2007 70,000 70,000 Area Tilden Nature Retrofit to make Disabled Accessible Exhibits in 33 2007 30,000 30,009 (9) Area EEC Tilden Nature 34 Upgrade electrical service at the Little Farm 2007 55,674 55,674 Area Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Anthony Chabot Thin trees /or remove excessive fuels within 250 35 Vegetation acres of eucalyptus groves- following EB Hills 2006 1,063,650 988,334 6,780 6,780 68,536 Management CEQA.

Martin Luther Fence the boundary of the Oakland Sports Field 36 King Jr. Regional 2008 23,320 15,598 7,722 to control cars Shoreline

Undertake Phase II and III public access Martin Luther improvements and operate the Tidewater use 37 King Jr. Regional area in concert with the Oakland Strokes 2008 5,696,120 4,058,671 217,940 217,940 1,419,509 Shoreline Boathouse. Includes parking, staging, picnic, meadow, trail and access components.

Miller/Knox Renovate restrooms at Railroad Museum and 38 Regional install lift for disabled access to main museum 2008 150,000 150,000 Shoreline floor

Manage vegetation for fuels reduction in coordination with the protection and Redwood enhancement of wildlife habitat in fuel break Regional Park, areas to provide defensible space near 39 2006 1,082,600 628,886 62,000 62,000 391,714 Leona Regional structures and meet the Hills Emergency Forum Open Space 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires. 103 104

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Manage vegetation for fuels reduction in coordination with the protection and enhancement of wildlife habitat in fuel break Wildcat Canyon areas to provide defensible space near 40 2006 1,622,580 507,453 206,000 206,000 909,127 Regional Park structures and meet the Hills Emergency Forum 8' flame length standard. Manage exotic plant species and promote fire resistant natives to reduce the risk of wildfires.

Anthony Chabot Connect Chabot Stable to nearby municipal 41 2009 124,320 124,320 Regional Park sewer to eliminate pumpouts

Brooks Island Enhance Caspian Tern nesting area. Includes 42 2010 418,400 284,530 22,740 22,740 111,130 Regional Preserve placement of public access landing on the Island.

Kennedy Grove Renovate family and group picnic tables, 43 2009 62,160 62,160 Recreation Area barbecues, and drinking fountains

Kennedy Grove Repair and repave pathways within the 44 2009 39,960 39,960 Recreation Area recreation area

Miller/Knox Implement a pavement management program for 45 Regional 2009 39,960 39,960 all park roads, paved trails, and parking lots Shoreline Point Pinole Restore 100 acres of grasslands and sensitive 46 Regional 2009 193,740 193,740 plant species habitat Shoreline Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Robert Sibley Rehabilitate 2 ponds on the Stone property to 47 Volcanic Regional 2009 46,620 46,620 re-establish habitat values Preserve

Roberts Regional Renovate ballfield-upgrade irrigation and correct 48 2009 31,080 31,080 Recreation Area drainage

Wildcat Canyon Install 3 flush toilets, install lift station to connect 49 2009 500,000 449,000 10,000 10,000 41,000 Regional Park to replaced sewer line

Wildcat Canyon 50 Watershed sediment study 2009 488,400 309,454 30,390 30,390 148,556 Regional Park

Replace 4 Bort Meadows chemical toilets with Anthony Chabot vault disabled accessible toilets to reduce 51 2010 50,000 50,000 Regional Park maintenance costs and improve customer convenience

Complete trail system- with North to South and Claremont East to West connections in a route that is 52 Canyon Regional 2013 418,060 75,880 53,000 53,000 289,180 compatible with protection of rare species. Preserve Maintain until stable

Undertake a study to seek information on the Martin Luther permitting, environmental compliance and design 53 King Jr. Regional options for construction of the trail around the 2009 450,000 200,000 250,000 Shoreline west shore of San Leandro Bay along Doolittle Drive. Operate if constructed. 105 106

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Bay Trail - Extend and operate the Bay Trail Point Pinole from Marways Steel north one mile to the Zone 54 Regional 2012 726,500 600,000 126,500 Boundary along the shoreline. Includes Shoreline installation of one pedestrian bridge.

Point Pinole Enhance wetland areas for black rail habitat 55 Regional 2009 201,930 105,140 16,440 16,440 80,350 (remove iceplant) Shoreline Pt. Pinole Replace old playground structure with new, 56 Regional 2010 140,000 140,000 safer ADA structure Shoreline Redwood Regrade/re-route old fire roads to eliminate soil 57 2016 542,400 - 542,400 Regional Park erosion and continuing winter damage

Robert Sibley Complete removal of non-native eucalyptus 58 Volcanic Regional suckers, pine seedlings, and broom in the Sibley 2011 259,245 259,250 (5) Preserve Triangle

Open and operate the landbanked former Stone Robert Sibley Property. Install interpretive panels, construct a 59 Volcanic Regional 2006 600,000 294,461 32,910 32,910 272,630 small staging area at Fish Ranch Road and trail Preserve links to existing Sibley trails. Temescal 60 Sealcoat All Parking Lots 2010 12,787 12,787 Recreation Area Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Bay Trail - New trail segment around West Wildcat Canyon County Wastewater facility connecting Wildcat 61 to Point Pinole Creek Trail to San Pablo Creek and Point Pinole 2009 885,550 559,622 45,620 45,620 280,308 Trail to the Richmond Parkway. Approximately 1 mile. Miller/Knox Remove 16,000 cu/yds. of silt and vegetation to 62 Regional 2011 372,961 372,960 1 keep the park's lagoon healthy Shoreline

Remove tracks, fencing and re-grade railroad Miller/Knox right of way to provide public access from park 63 Regional to the bay and to Keller Beach. Implement a 2011 2,179,000 1,337,620 841,380 Shoreline major renovation of meadow areas- verticut, topdress, seed, and extend irrigation

Tilden Nature Remove Debris and Silt Between Dam and 64 2011 132,090 132,090 Area Bridge, and Rebuild Silt Dam

Wildcat Canyon Extend waterline to Staging Area for drinking 65 2012 16,660 16,660 Regional Park fountain and fire hydrant

Replace 10 chem toilets (excludes Bort Anthony Chabot Meadows toilets in another project) with vault 66 2012 150,000 150,000 Regional Park toilets- to reduce pumping cost improve visitor convenience

Bay Trail -- Extend and operate the Bay Trail 67 Point Molate 2016 500,000 - 500,000 north to Point Molate and Point San Pablo 107 108

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Solve problem of at-surface waterline - Stream Redwood 68 Trail between Tres Sendas & the main line vault 2012 26,640 26,640 Regional Park at Old Fern Hut.

Richmond Wetlands -- Habitat enhancement and Richmond 69 shoreline restoration of wetlands in the vicinity 2012 974,000 475,000 175,000 175,000 324,000 Wetlands of Point Pinole and other shoreline areas.

Tilden Regional 70 Replace 14 chemical toilets with vault toilets 2016 199,800 - 199,800 Park

Operate Triangle Park if received from the Naval 71 Alameda Point 2008 525,000 525,008 (8) Air Station redevelopment project.

Operate two miles of Bay Trail at Alameda Point 72 Alameda Point when completed as part of the base conversion 2013 473,900 107,260 118,620 118,620 248,020 process.

Giant Marsh Restoration -- cleanup, monitoring Point Pinole and management of the marsh at the south end 73 Regional 2013 775,000 621,200 153,800 of Point Pinole. Provide matching funds for Shoreline future grant opportunities.

Tilden Regional Renovate the Brooks and Buckeye LUP/EIR 74 2013 40,000 40,000 Park picnic area rehabilitation plan

Miller/Knox Add four more flush restrooms in main park 75 Regional 2014 256,453 200,650 9,480 9,480 46,323 area to eliminate long lines Shoreline Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

Richmond Shoreline Restoration -- Removal of industrial debris, cleanup and enhancement of 76 Point Molate 2016 1,350,000 - 1,350,000 shoreline habitat north of Miller Knox Regional Shoreline to Point San Pablo.

Wildcat Canyon Clark-Boas Access -- Restore trailhead area, 77 2015 100,000 - 100,000 100,000 Regional Park improve access from El Sobrante and Richmond.

Wildcat Canyon 78 Gravel 2.5 miles of trail for all season use 2014 135,000 100,000 5,940 5,940 29,060 Regional Park Administrative 79 Consulting Firm to Prepare Engineering Report 128,497 16,500 16,500 (144,997) Fees 80 Total 42,035,840 26,774,244 1,013,920 1,172,290 2,186,210 13,075,392

81 82 2014 2015 2020 83 Beginning Fund Balance 2,282,228 3,262,118 6,586,537 84 85 Annual Net Revenue 3,152,000 3,167,748 1,583,874 86 Plus Interest 5,000 87 Total Revenue 3,157,000 3,167,748 1,583,874 88 89 Budgeted Expenditures (1,077,360) (1,172,290) (1,496,887) 90

109 91 Revenue over (under) expenditures 2,079,640 1,995,458 86,987 110

Measure CC 2015 Budget Exhibit 2

Total Year of Total Appropriated 2015 2015 2015 Allocation Park & Trail Original Project Description Project Project (Cap & Ops) Capital Ops Total Remaining

LINE NO LINE Funding Allocation through 2014

92 93 Transfer Out to Capital (1,099,750) (1,013,920) (68,820) 94 Net Change in Fund Balance 979,890 981,538 18,167 95 Ending Fund Balance 3,262,118 4,243,656 6,604,704 96 Reserve Portion of Fund Balance 2,975,132 3,291,907 4,717,393 97 Un-reserved Fund Balance 286,986 951,750 1,887,311 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

4. CONSENT CALENDAR

b. Authorization to Appropriate and Disburse Funds Pursuant to a Legal Settlement with Hampton Court Homeowners Association et al. (Radosevich/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the use of funds from the General Fund Balance Committed for Legal Contingency to fund the settlement of litigation with the Hampton Court Homeowners Association, the City of Fremont and Alameda County.

REVENUE/COST

The parties to this litigation have agreed to settle the case. The District’s share of the settlement will total $900,000. This action will authorize the appropriation and disbursement of funds committed for legal contingency, which reside in the General Fund:

NEW APPROPRIATION General Fund-District Counsel-Legal Account 101-2120-000-6111 $ 900,000

BACKGROUND

The Legal Division has funds budgeted sufficient to meet average annual legal expenses. However, legal costs during 2014 have exceeded 50% of the approximately $500,000 annual legal services budget, with half the year remaining and several legal cases continuing in active litigation. Therefore, it is expected the 2014 Legal Department budget will be fully exhausted at year’s end, and additional funding in the amount of $900,000 must be appropriated to fund this settlement and conclude this litigation.

The District has set aside a Legal Contingency in the amount of $1 million in the General Fund for the payment of extraordinary legal expenses. This large settlement payment qualifies as an extraordinary legal expense consistent with the purposes for which this contingency was established. Therefore, this action will authorize the appropriation and disbursement of $900,000 from the legal contingency fund. Per approved policy, this contingency will be replenished over the next budget cycle by use of opportunity funds, general fund revenues or other available sources.

111

ALTERNATIVES

The Board could direct that Unassigned Fund Balance be appropriated for this purpose. This alternative is not consistent with District policy and is not recommended.

112 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION TO APPROPRIATE AND DISBURSE FUNDS PURSUANT TO A LEGAL SETTLEMENT WITH HAMPTON COURT HOMEOWNERS ASSOCIATION ET AL.

WHEREAS, the parties in the case of Hampton Court Homeowners Association and the East Bay Regional Park District have agreed to a settlement of litigation, with the District’s share of the settlement totaling $900,000; and

WHEREAS, it is in the District’s interest to settle this litigation, this settlement is understood to be less expensive than continued litigation, resolves all District liability in the matter and provides all parties with acceptable outcomes; and

WHEREAS, the Legal Division has funds appropriated for legal expenses in the District’s 2014 budget; however, the cost of legal activity during 2014 has already exceeded 50% of the budget, with half the year remaining and several legal cases in active litigation; and

WHEREAS, the currently appropriated 2014 Legal budget is not sufficient to fund this settlement; and

WHEREAS, the District has previously established a Legal Contingency of $1 million set aside in the General Fund for the payment of extraordinary legal expenses and this settlement meets the criteria established for use of this reserve;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the appropriation and disbursement of $900,000 from the Legal Contingency from the General Fund for settlement of the Hampton Court case, per the attached budget change form and, per approved policy, this contingency will be replenished over the next budget cycle by use of opportunity funds, general fund revenues or other available sources; and

Moved by Director , seconded by Director , and adopted this 15th day of July, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

113 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

Account: 101-2120-000-6111 $ 900,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 15, 2014, the General Manager recommends that the Board of Directors authorize the appropriation of $900,000 from the General Fund, committed legal contingency funds, tracked in object 2845. The appropriated funds will be disbursed in two payments to the claimants using budget approriated to the District Counsel Department services budget.

As approved at the Board of Directors Meeting on date: 7/15/2014 Board of Directors Resolution Number: 2014-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2014\13 - July 15\C-4-b MGT SVCS - BUDGET CHANGE FORM Legal Settlement-Hampton Court.xlsx

114 GENERAL MANAGER

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

5. GENERAL MANAGER

RECOMMENDATION

The General Manager recommends that the Board of Directors approve a resolution authorizing staff to calculate the property tax rate per $100 of assessed valuation for the repayment of the District’s principal and interest on the Measure AA and the Measure WW bonds. This 2014/2015 tax levy rate is required to be provided to Alameda and Contra Costa Counties by August 31, 2014.

REVENUE/COST

The property tax revenue raised by this levy is committed solely to the payment of general obligation debt principal, interest and trustee fees on Measure AA and Measure WW bonds.

BACKGROUND

In November 1988, voters of Alameda and Contra Costa Counties approved Measure AA providing authorization to issue $225 million in general obligation bonds for open space acquisition, parkland and trail development, and resource protection. Bonds have been issued at intervals since 1988, with the final series of bonds issued in July 2006. The bonds are secured and repaid through an ad valorem tax levied upon property subject to taxation within and by the District. All proceeds of this tax are deposited into a separate fund and used solely for the payment of the bond debt service.

In November 2008, voters of Alameda and Contra Costa Counties approved Measure WW providing authorization to issue $500 million in general obligation bonds for open space acquisition, parkland and trail development, and resource protection. The initial bonds were issued in October 2009. The second series was issued in July 2013. These bonds are also secured and repaid through an ad valorem tax levied upon property subject to taxation within and by the District. All proceeds of this tax are deposited into a separate fund and used solely for the payment of the bond debt service.

The tax levy is collected by the County’s tax collectors on a June 30 fiscal year basis. The rate established during August 2014 will impact collections of the amount usually paid bi-annually by taxpayers by December 10, 2014 and by April 10, 2015. These collections will provide for debt service payments for March 2015 interest, and September 2015 principal and interest.

115

The District is required to provide to the Counties before August 31, 2014, the 2014/2015 ad valorem tax rate per $100 of assessed valuation. However, data required to calculate the rate is not provided to the District by the Counties until early August. Adoption of the attached resolution will authorize staff to proceed with the rate calculation once the required information is received from the counties, and to file the required tax rate information with the counties by the required deadline. Staff will provide the final calculation to the Finance Committee at its August 27, 2014 meeting.

ALTERNATIVES

No alternative is recommended as the District is obligated by bond covenant to set the yearly property tax rate at a level sufficient to pay the annual debt principal and interest.

116 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 07 -

July 15, 2014

AUTHORIZATION OF THE 2014/2015 TAX RATE TO BE LEVIED BY ALAMEDA AND CONTRA COSTA COUNTIES FOR THE PAYMENT OF EAST BAY REGIONAL PARK DISTRICT MEASURE AA AND MEASURE WW BONDS GENERAL OBLIGATION BONDS

WHEREAS, under authorization of a 2/3 voter approval of the District’s electorate in 1988, the East Bay Regional Park District has issued Measure AA General Obligation Bonds; and

WHEREAS, under authorization of a 2/3 voter approval of the District’s electorate in 2008, the East Bay Regional Park District has issued Measure WW General Obligation Bonds; and

WHEREAS, the outstanding bonds have been issued in accordance with the provisions of Section 5568 of the Public Resources Code of the State of California, and pursuant to resolutions duly adopted by the Board of Directors of the East Bay Regional Park District; and

WHEREAS, the bonds are a general obligation of the District and the District is obligated to levy an ad valorem tax for the payment of the bonds, and interest thereon, upon all property within the District subject to taxation by the District in 2014;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the ad valorem tax rate per $100 of assessed valuation to be established; and

BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized to take appropriate action as necessary to prepare the final calculations and inform the Alameda and Contra Costa Counties’ tax collectors of the District’s 2014/2015 tax rate to be levied, and such tax rate shall be in effect until amended by the District; and

BE IT FURTHER RESOLVED, that staff will provide the final calculated tax rate to the Finance Committee at the August 27, 2014 Finance Committee meeting; and

BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer/Controller 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 15th day of July 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

117

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118 BOARD AND STAFF REPORTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

6. BOARD AND STAFF REPORTS

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

City of Alameda – Neptune Point On Tuesday, July 1, 2014, the Alameda City Council unanimously passed, in its first reading, an ordinance adopting an initiative to rezone 3.899 acres of land adjacent to McKay Avenue as “Open Space.” The federally-owned property, known as Neptune Point, is located adjacent to Crown Memorial State Beach across from the Crab Cove visitor center. It was previously occupied by the U.S. General Services Administration (GSA), but deemed surplus after their offices moved from the site. In 2008, the Park District identified the property as a potential expansion site for the State Beach and included it on the list of Measure WW projects approved by voters. However, in 2011, when the GSA moved to sell the property via federal auction, the District’s fair market value offer was outbid by a larger offer from developer Tim Lewis Communities, who then entered into an option to acquire. During a subsequent 2012 update of the Housing Element, the City changed both General Plan and Zoning designations for the site from Federal Facilities/Administrative Professional Office to Medium Density Residential, with the intent to allow multi-family residential development. The failure to provide notice to the District and to comply with CEQA on the zoning change gave rise to the Park District’s lawsuit. Recently, a citizen-driven ballot initiative sought to rezone the property again, but in this case to Open Space. The City Council considered two options for the initiative: 1.) to pass an ordinance adopting it; or 2.) adopt a resolution to submit the ordinance to voters in November 2014. The City Council opted to adopt the proposed initiative to change the General Plan designation from Medium Density Residential to Parks and Public Open Space, and change the zoning to Open Space.

A companion ordinance entitled the “Alameda Open Space Fiscal Responsibility Ordinance” was also passed. According to the City, this ordinance was intended to assure that the passing of the rezoning initiative “would not impose an unfunded liability” due to costs associated with property maintenance, potential inverse condemnation lawsuits, or any court-imposed acquisition of the property. The fiscal responsibility ordinance allows the Council to seek resolution of negative fiscal impacts by either a) holding a vote of the electorate to authorize new or increased taxes; b) cutting services or modifying the City's budget; c) selling the property to a third party, including, but not limited to, the East Bay Regional Park District; or d) any combination of the above. The ordinance also purports to authorize the City Council to

119 suspend or stay the effectiveness of the Initiative Ordinance. This language would appear to run contrary to California Elections Code section 9217 which prohibits repeal or amendment of an ordinance that is proposed by initiative petition and adopted by the legislative body (or the voters), except by a vote of the people. The second reading of the two companion ordinances is scheduled for July 15, 2014, after which, if approved, the two ordinances will be final.

120 GM COMMENTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

7. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION

Information Services Manager Jim Tallerico will give an update on recent staff changes and accomplishments in the IS Department.

GM COMMENTS

Retirements from April – June, 2014:

Charles Birkholm Park Ranger II Crown Beach 10 years Charles Bullard Account Clerk Finance 16 years Doug Fowler Park Ranger II Black Diamond 23 years Kenneth Goltz Park Craft Specialist Redwood 37 years Susan Gonzales HR Manager Human Resources 15 years Wilde Legard Botanist Grazing 18 years Dolores Jacquez Secretary Fire Operations 28 years Brad Olson Environ Program Mgr. Environmental Review 17 years Leigh Padmore Executive Secretary Operations Admin. 23 years Susan Parsons Info. Services Network Mgr. Information Services 11 years Steve Quick Park Supervisor II Pleasanton Ridge 33 years Jerry Richardson Park Supervisor II Kennedy Grove 17 years Anne Scheer Chief, Park Operations Park Operations Admin. 36 years

PUBLIC SAFETY

From May 21 to June 17, 2014 the Public Safety Division handled 813 service calls and 654 total incidents. Highlights are included below.

Police

There were 42 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 401 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 389 field

121 interviews (contacts without citations or arrests) and contacted 15 people on probation or parole to conduct compliance checks.

 Anthony Chabot: On May 22, an officer contacted a subject who was walking down the middle of the roadway at night. She was unstable and determined to be a missing person reported out of New York. The woman was transported to the hospital by ambulance for a psychiatric hold and evaluation.

 Antioch Shoreline: On May 23, officers and medical personnel responded to the report of an attempted suicide. The subject had several self-inflicted cuts on his arms and was transported to the hospital for a psychiatric hold and evaluation.

 Bay Point Wetlands: On May 23, a sergeant contacted the occupants of a vehicle for curfew violation. The driver of the vehicle had a felony warrant out of Santa Clara and was evasive during the contact. He was arrested for resisting arrest.

 Crown Beach: On May 22, several officers and medical personnel responded to the report of a suicidal subject. The officer located the subject and she was taken to the hospital by ambulance for a psychiatric hold and evaluation.

 Del Valle: On May 24, an officer made an enforcement stop on a driver who had crossed over the yellow lines and almost hit the officer. The driver was under the influence of alcohol with a blood alcohol content of .16% and arrested for DUI.

On June 7, officers and medical personnel responded to the report of a rattlesnake bite victim. The victim attempted to pick up the snake and sustained a bite to his finger. He was transported by helicopter to the hospital for anti-venom treatment.

 Delta DeAnza Trail in Bay Point: On May 28, officers responded to the report of a strong armed robbery on the trail. The victim was attacked by three subjects who stole his wallet. Suspect information was given to officers, but they had fled the area.

 Iron Horse Trail in San Ramon: On June 6, an officer responded to the report of battery on the trail. The victim was walking on the trail when two subjects on a tandem bicycle rode by. One of the riders punched the victim in the abdomen and called her names. She refused medical treatment and provided suspect information to the officer.

 McLaughlin Eastshore State Park: On May 31, several officers responded to the report of a suspicious person on top of the Sea Breeze market. The subject, who resisted officer’s demands to come down off the roof, was eventually removed. He was arrested for injuring a police officer, vandalism, trespassing, and violating the terms of his probation.

 Miller Knox: On June 10, an officer contacted a person near his illegally parked vehicle. The subject had a suspended license and was in possession of methamphetamine. He was arrested for possession of a controlled substance and the vehicle was towed.

122  Tilden: On May 24, Eagle 7 and ground units responded to the report of two suspicious subjects circling a storage container near the Mineral Springs parking lot. The driver was arrested for reckless driving, resisting arrest, and being under the influence of a controlled substance. The passenger was under the influence of heroin and arrested.

 Wildcat Canyon: On May 10, officers and medical personnel responded to the report of an unconscious subject on the trail. Witnesses described seeing the victim jog past them and then fall forward. They performed CPR until medical personnel arrived. The subject was pronounced deceased at the hospital.

Fire Operations

Fire Response

 Lake Chabot: On May 31, firefighters responded to a report of a tree on fire at the Willow Park Golf Course. The fire was extinguished and mopped up.

 Out of Park in Oakland: On June 13, firefighters responded to a wildland fire per a mutual aid request from Oakland Fire. It was a 3-acre grass fire in Diamond Park.

Fire Training

 Out of Park in Contra Costa County: On June 5, firefighters trained with the Contra Costa County Fire Department in hose-lays, structure protection, and tent shelter deployment.

 Out of Park in San Leandro: On June 13, firefighters and lifeguards joined 13 other agencies as part of a training exercise, known as “Operation Splash Down,” simulating a response to a downed airliner in the San Francisco Bay. District firefighters and lifeguards used personal water craft and the inflatable fire boat to rescue multiple victims from the water.

 Point Pinole: On June 12, firefighters conducted an 18-acre prescribed burn to enhance the native grasslands and to serve as wildland fire refresher training for staff. Training topics included firefighter safety, hose-lays, and mobile attack.

Special Service

 MLK Tidewater: On June 1, firefighters staffed a special service for the Healthy Day by the Bay event. Firefighters performed medical standby and brought Smokey Bear who promoted fire safety in the parks.

 Tilden: On May 31, firefighters visited a Boys Scout group camp to give a talk on fire safety, and how they became firefighters.

123 Fire Fuels Management

 Tilden: Contractors continued the Tilden Park – Wildcat Canyon Road Wildland Fuels Reduction and Risk Tree Removal project.

District-wide

 During the month of June, the Fire Department utilized goat-grazing services as a fire management tool at Camp Arroyo, Bishop Ranch, Claremont Canyon, Anthony Chabot, and Sycamore Grove.

 During the month of June, Civicorps School hand crews assisted firefighters in managing grassland fuel loading in on-going fuel break maintenance projects located in Claremont Canyon, Wildcat Canyon, Sibley, Tilden, and Leona Canyon.

Lifeguard Service

 Lake Temescal: On June 13, nearly 16 lifeguards completed a five-day training to become Junior Lifeguard Instructors. The instructors will be used to lead the program at five locations throughout the District.

 Lake Temescal and Roberts: On June 10, approximately 25 students from Oakland International High School completed the last of 10 swim lessons and a day of testing water safety and swimming skills. This was made possible through the support of the Regional Parks Foundation which supplied swim suits and goggles. The students traveled to their swim lesson via public transportation.

 Out of Park in Oakland: On June 20, Lifeguard Service partnered with Oakland Parks and Recreation, Alameda County Safe Kids, and Children’s Hospital to provide a swim lesson for 120 kids at the East Oakland Sports Complex. The event, known as The World’s Largest Swimming Lesson, was part of a water safety campaign developed by the nation’s top water safety and training organizations.

124 Event Calendar July - August 2014

Sponsoring Date Day Time Event Location Organization Alameda Alameda County Fair - Fairgrounds, 4501 EBRPD, Alameda 6/18/2014 - EBRPD 80th Anniversary Pleasanton Ave, County Fair 7/6/2014 daily 11 am - 11 pm & Kids Day sponsor Pleasanton, CA Old Fashioned Independence Day EBRPD 7/4/2014 Friday 10a - 4p Celebration Ardenwood 9:30 am - 1 Alameda 4th of July Crab Cove/Mobile EBRPD 7/4/2014 Friday pm Parade Visitors Center EBRPD 7/4/2014 Friday 10 am - 4 pm Open House Crab Cove 5:30 pm - 7:30 EBPRD 7/11/2014 Friday pm Concert at the Cove Crab Cove

Ivan Dickson Multicultural EBPRD 8:30 am - 12: Maintenance Volunteer 7/12/2014 Friday 30 pm Day Garin Mission Peak Public EBPRD 7/13/2014 Sunday 9 am - 12 pm Information Day Mission Peak 2 pm - 3:30 EBRPD 7/13/2014 Sunday pm Beach Cleanup Crab Cove 6:30 pm - 8 Second Sundays in the EBRPD 7/13/2014 Sunday pm Park Big Break 7/18/2014 Friday all day Free Third Friday All parks EBRPD

5 pm - 7:30 80th Anniversary Summer EBRPD 7/18/2014 Friday pm Concert Series Contra Loma Friday Nights at the Ardenwood - EBRPD 7/18/2014 Friday 6 pm - 9 pm Museum Patterson House 5:30 pm -7:30 Concerts at the Cove: EBRPD 8/8/2014 Friday pm Battle of the Bands Crab Cove

Concerts at Contra Loma: EBRPD 5 pm - 7:30 Foreverland, Tribute to 8/15/2014 Friday pm Michael Jackson Contra Loma 8/15/2014 Friday all day Free Third Friday All parks EBRPD EBRPD 8/16/2014 Saturday 10 am - 7 pm Cajun/Zydeco Festival Ardenwood Mission Peak Public EBRPD 8/23/2014 Saturday 9 am - 12 pm Information Day Mission Peak Free Outdoor Movie Night EBRPD 8/23/2014 Saturday 8 pm - 10 pm at Ardenwood Ardenwood Saturday - EBRPD 8/30-9/1/2014 Monday 10 am - 4 pm Historic Rail Fair Ardenwood

Updated 7/3/2014 1 of 1 125

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126 BOARD COMMITTEE REPORTS

EBMUD/EBRPD LIAISON COMMITTEE MEETING Monday, April 28, 2014 2:30 p.m.

EBRPD Headquarters, Board Room 2950 Peralta Oaks Court Oakland, CA 94605

Topic Status

1. Chabot Reservoir Seismic Improvement Plan (EBMUD) (I)

2. Chabot (Willow Park) Land Lease (EBMUD) (I)

3. Dingee Pipeline Abandonment at Temescal (EBMUD) (I)

4. Gateway Park Update (EBRPD/EBMUD) (I)

5. San Leandro Creek Alliance update (EBRPD/EBMUD) (I)

6. Bay Area Mussel Consortium (EBRPD/EBMUD) (I)

7. Water Supply Update (EBMUD) (I)

8. Public Comment

9. Confirm Next Meeting

(I) Information (D) Discussion (R) Recommendation

Distribution Lists

Packets: Agenda Only (electronic): Directors: Beverly Lane, Doug Siden, John Sutter AGM’s Robert E. Doyle, General Manager Cliff Rocha, President, Local 2428 Allen Pulido, Clerk of the Board Matt Harray, 2428 Executive Board Carol Johnson, AGM Public Affairs Sgt. Tyrone Davis, President, Police Assoc. Bob Nisbet, AGM Land Yolande Barial, Clerk of the Board’s Office Jim O’Connor, AGM Operations Sabrina Pinell, Secretary, Land Division Diane Althoff, Acting AGM Planning/Stewardship & Development Anne Scheer, Chief of Park Operations Warren Schultz, Lakes Unit Manager Michael Gregory, City Council Member - Dist 1, City of San Leandro Chris Zapata, City Manager, City of San Leandro

A copy of the background materials concerning these agenda items, including any material that may have been distributed to a majority of the Board less than 72 hours before the meeting, is available for inspection on the District’s website (www. ebparks.org), the Headquarters reception desk, and at the meeting. 127

AGENDA REGULAR MEETING BOARD OF BOARD MEMBERS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

9. BOARD COMMITTEE REPORTS

a. EBMUD/EBRPD Liaison Committee (04/28/14) (Sutter) Attendees:

EBMUD Board Members: Director Katy Foulkes and Director Doug Linney

Staff: General Manager Alexander R. Coate, Director of Water and Natural Resources Richard G. Sykes, Manager of Distribution Maintenance and Construction Leann M. Gustafson, Manager of Wastewater Engineering Vincent P. De Lange, Operations and Maintenance Department Manager Eileen M. White, Manager of Real Estate Services Stephen J. Boeri, Manager of Watershed and Recreation Scott D. Hill, Engineering Manager Elizabeth Z. Bialek, Associate Civil Engineer David H. Katzev, and Secretary Lynelle M. Lewis

EBRPD Board Members: John Sutter, Beverly Lane

Staff: Assistant General Manager of Public Affairs Carol Johnson, Assistant General Manager of Operations Jim O’Connor, Acting Assistant General Manager of Planning/Design and Stewardship Diane Althoff, Lakes Unit Manager Warren Schultz, and Confidential Secretary Sue Rogers

EBMUD/EBRPD Liaison Committee meeting was called to order by EBRPD Director John Sutter at 2:30 p.m.

1. Chabot Dam Seismic Upgrade Project

EBMUD Engineering Manager Elizabeth Z. Bialek presented an update on the project work which includes seismic stability upgrades for Chabot Dam and its outlet tower. Public comment on the Draft Environmental Impact Report (EIR) ended in February 2014 and staff is responding to comments. Additionally EBMUD staff met with EBRPD staff in April to discuss coordinating the timing of upcoming EBRPD projects with the seismic upgrades, both of which may require trail closures and lowering of the reservoir surface level. Consideration of the final EIR by the

128 EBMUD Board is planned for June 2014. The EBPRPD board members asked about possible trail access on weekends. Ms. Bialek said that this would hinge on the construction approach used but it doesn’t appear likely that trail access would be available. Next, the EBRPD board members asked about community outreach efforts and coordination with the City of San Leandro. EBMUD staff said that several community meetings had occurred and there are plans to continue working with EBRPD and the public throughout the project. Construction at the outlet tower could begin as early as the fall of 2015, with construction at the dam scheduled to occur from the spring through the fall of 2016.

2. Chabot Land Lease Update

EBMUD Director of Water and Natural Resources Richard G. Sykes reported that over the past year, the EBMUD and EBRPD staff initiated discussions regarding renewal of the lease at the Lake Chabot watershed. That lease expires in December 2014. These discussions have identified a number of updates and changes including: modifying operational parameters for the reservoir to respond to water supply and recreational needs, clarifying patrol responsibilities, updating insurance and indemnification provisions, and other modifications to reflect current and anticipated future conditions. Assistant General Manager of Operations Jim O’Connor reported on plans to issue a Request for Proposal for a golf concessionaire. There was brief discussion regarding the terms of the lease and capital improvements that could be made to manage flooding at the site occupied by Willow Park golf course. EBMUD and EBRPD staff will continue to develop a draft lease which is anticipated for consideration by both boards later this year.

3. Dingee Pipeline

EBMUD Manager of Distribution Maintenance and Construction Leann M. Gustafson and EBMUD Associate Civil Engineer David H. Katzev provided an overview of the pipeline replacement project. The project involves replacement of the Dingee Pipeline and a segment of the Claremont Center aqueducts. As part of the project, the existing Dingee pipeline that traverses the Lake Temescal Regional Park will be abandoned. Staff reported that there would be no anticipated impacts to the Landvale Picnic Area inside the park or service interruptions inside the park. Work is anticipated to start in June 2014 and be completed in one week. EBMUD will continue to provide updated information throughout the project.

4. Gateway Park Update

EBMUD Manager of Wastewater Engineering Vincent P. De Lange presented a status update on the planning and design process for the Gateway Park Project. He reported that the Gateway Park Working Group (GPWG) has selected an elevated structure along West Grand Avenue as its preferred alternative. This alignment does not appear to significantly impact EBMUD’s access to the Main Wastewater Treatment Plant and will not require EBMUD to provide access to any of its property. The Gateway Park design team is preparing a Draft Environmental Impact Report for the park and is anticipated to be completed by March 2015. A separate environmental document will be prepared for the bike path. EBMUD staff will continue to ensure protection of critical infrastructure, and safe and continuous access to EBMUD facilities.

129 5. San Leandro Creek Update

Director of Water and Natural Resources Richard G. Sykes presented a status update on meetings with the San Leandro Creek Alliance Committee and representatives from the City of San Leandro on plans for San Leandro Creek. He explained that several members of the public have expressed an interest in enhancing flow and habitat for San Leandro Creek from Chabot Dam to San Francisco Bay. EBMUD staff has met with several stakeholders to further investigate their interest for potential increased creek flows and/or other measures. Mr. Sykes said that some of the major constraints discussed included providing sufficient water levels in Chabot Reservoir for recreation, infrastructure and operational constraints, habitat deficiencies, and pollution in the lower creek. There was some discussion about trails along the creek and Mr. Sykes said that funding for trails has not been addressed.

6. Bay Area Mussel Consortium

EBRPD AGM of Operations Jim O’Connor reported that the Memorandum of Understanding (MOU) for the Consortium expires next year and that EBRPD is working on an amendment to the MOU. The Consortium collectively works to prevent the spread of Quagga and zebra mussels in local waterways. The State Department of Boating and Waterways has indicated that it will establish an invasive mussel grant program for qualified entities by early next year. Both EBMUD and EBRPD will be pursuing grant funds for this effort. EBRPD said that they will be working to amend an administrative process in the existing language of AB 2243 that requires County Board of Supervisors approval. EBMUD and EBRPD will continue to participate in the Consortium and work on updating the MOU prior to its expiration at the end of 2015.

7. Water Supply Update

EBMUD Operations and Maintenance Department Manager Eileen M. White reported that following staff members water supply forecast for the year, the EBMUD Board of Directors approved the purchase and delivery of Sacramento River water to make up the water needed to serve customers through the summer. The water will be delivered through the Freeport Regional Water Project, located on the Sacramento River. The Freeport Regional Water Authority and EBMUD have been conducting a series of tests of supplemental supply systems. This May and June, about 16,000 acre feet from the Sacramento River will flow into East Bay reservoirs. The EBMUD Board has asked its customers to voluntarily cutback their water use by 10 percent.

8. Public Comment

There was no public comment.

The meeting was adjourned at 4:00 p.m. by Director Sutter. Staff will coordinate the next liaison meeting for September or October.

130

BOARD EXECUTIVE COMMITTEE Tuesday, June 24, 2014 12:45 p.m., Board Room The following agenda items are listed for Committee consideration. In accordance with the Board Operating Guidelines, no official action of the Board will be taken at this meeting; rather, the Committee’s purpose shall be to review the listed items and to consider developing recommendations to the Board of Directors. A copy of the background materials concerning these agenda items, including any material that may have been submitted less than 72 hours before the meeting, is available for inspection on the District’s website (www. ebparks.org), the Headquarters reception desk, and at the meeting.

AGENDA

STATUS TIME ITEM STAFF

R 12:45 1. Authorization to Transfer Board O’Connor Contingency Funds: Buckeye Flats Staging Area, Briones Regional Park

I 1:00 2. Update on Concord Naval Weapons Station Tong / Holt

1 1:20 3. 2015 Fuels Management Program and Fuels McCormick / Gallup Costs Analysis

4. Public Comments

(R) Recommendation for Future Board Consideration (I) Information (D) Discussion Executive Committee Members Ayn Wieskamp (Chair); John Sutter; Whitney Dotson Ted Radke, Alternate Robert E. Doyle, Staff Coordinator

Future Meetings: January 9 July 10 February 27 August 14 March 13 September 11 April 10 October 9

May 7 November 13 June 12 December 11 June 24 Distribution list (next page)

131 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 15, 2014

C. BUSINESS BEFORE THE BOARD

9. BOARD COMMITTEE REPORTS

b. Board Executive Committee (6/24/2014) (Wieskamp)

Present

Board: Ayn Wieskamp (Chair), Whitney Dotson, John Sutter

Staff: Robert Doyle, Tim Anderson, Dave Collins, Brad Gallup, Matt Graul, Brian Holt, Dan McCormick, Bob Nisbet, Jim O’Connor, Jessica Sheppard, Larry Tong, Carol Victor,

Public: Beverly Lane, Jerry Baer, Dan Grassetti, Madeline Hovland, Gene Robertson, Peter Scott, Ciara Woods

The meeting was called to order at 12:50 p.m.

1. Authorization to Transfer Board Contingency Funds: Buckeye Flat Staging Area, Briones Regional Park

Jim O’Connor, Assistant General Manager for Operations, presented this agenda item.

In 1999, the Board adopted the Buckeye Ranch Land Use Plan Amendment (“LUPA”) for Briones Regional Park. The adopted LUPA identified the need for development of a public staging area and modest recreational facilities. The staging area development will be located at the site known as Buckeye Flat. Recent improvements to the site include addition of picnic tables, parking spaces, and fencing. These improvements have been paid from the Operations Contingency account. The final improvement includes the installation of a CXT vault toilet, and staff is requesting $15,000 from the Board Contingency account to help fund this improvement. Director Sutter commented that access to the site is limited due to the road conditions, and that road signage is needed in the area. Director Wieskamp inquired about the timeline for installing the CXT vault toilet, and staff should consider organizing naturalist led programs at the site. Mr. O’Connor responded that staff is working with the county on obtaining permits and anticipates that the CXT vault toilet will be installed in the next few months. General Manager Robert Doyle thanked staff for their work on the project and looked forward to its completion.

132 By motion of Director Sutter and seconded by Director Wieskamp, the Board Executive Committee voted 3-0 to approve and recommend to the full Board the transfer of $15,000 from the Board Contingency account to the Buckeye Flat Staging Area improvement project.

2. Update on Concord Naval Weapons Station

Brian Holt, Senior Planner, presented this agenda item.

Mr. Holt gave a brief overview of the property location and project timeline. The proposed park will be called the Concord Hills Regional Park. In 2010, the City of Concord, acting as the Local Reuse Authority, initiated a multi-year community planning process culminating in the adoption of a Reuse Plan (“Plan”). This Plan was further refined and integrated into the City’s General Plan through the adoption of the Concord Reuse Project Area Plan in 2012. Mr. Holt showed a PowerPoint presentation of the City’s plan which includes homes, office/commercial spaces, college, and regional park. The City’s plan has a 35+ year build out. The District entered into a memorandum of understanding with the National Park Service to develop a visitor center commemorating the Port Chicago National Memorial. The site location has yet to be identified. The Navy is expected to release their draft Environmental Impact Statement (“EIS”) in the fall of 2014 for public review and comment. Staff anticipates that the Navy will complete a record of decision for the EIS and prepare a finding of suitability for transfer (“FOST”) for the first phase of property conveyance by the end of 2015. Approximately 2,453 acres of land to be conveyed to the District are included in the initial FOST.

General Manager Robert Doyle commented that the City is supportive of creating a regional park, and that it will be a valuable asset to the community. The Committee inquired about existing trails and potential trail connections from BART, existing communities, and Black Diamond Mines Regional Park. There was discussion about the outdated infrastructures, and the estimated costs to bring the infrastructures up to date. The Committee complemented Mr. Holt on his work on the project.

Recommendation: None. This was an informational item.

3. 2015 Fuels Management Program and Fuels Costs Analysis

General Manager Robert Doyle introduced this agenda. This is the third year that staff has presented its annual fuels management program of work before the Committee.

Dan McCormick, Fire Chief, gave an overview of the 2010 Board approved Wildfire Hazard Reduction and Resource Management Plan. Mr. McCormick discussed the various factors staff considers when planning for future work. The factors include permitting, fire hazards, staff, and funding.

Jeff Rasmussen, Grants Manger, discussed the various grants and funding sources that the District receives to undertake the program. This includes FEMA grant money, Measure CC funds, and state grants. The Grants Department is continuously looking for new grants to help fund future maintenance. Director Sutter commented about future funding sources and grants, and asked staff to elaborate on Attachment B. He also inquired about public notification of today’s meeting.

133 Becky Pheng, Legal Assistant/Paralegal, responded that copies of the meeting agenda were sent to over 100 people, and the agenda and packet are posted on-line the same day that it is distributed to the Committee.

Matt Graul, Chief of Stewardship, talked about the required permits and the maintenance and monitoring plan. The District is required to prepare and submit annual studies to the USFWS, establish permanent conservation easements, and perform additional monitoring and management work beyond that already established in the Plan. Director Sutter asked staff to provide clarification on the management area and whether the area will impact public use. Staff responded that the management area being considered has very little, if no, potential for impacting public use.

Brad Gallup, Fire Captain, gave an overview of the 2015 work plan. In 2015, the District anticipates undertaking initial entry of approximately 400 acres. Mr. Gallup presented a table which lists the RTA’s, by park, that are scheduled to be completed in 2014 and 2015. The Committee commented on a recent report by Jerry Kent on future cost projections, and asked staff to comment on the report. Mr. Gallup responded that he has read the report and that he does not agree with the projections. Mr. Doyle commented that future cost to fund the complete project is very expensive and that staff will continue to analyze costs.

Public Comments:

Dan Grassetti commented on Jerry Kent’s report and thanked District staff for their work over the past several years.

Jerry Baer commented that he does not agree with Jerry Kent’s cost projections.

Gene Robertson commented on Jerry Kent’s report, requested that staff send earlier notification of the meeting next year, and would like to establish a forum with fire and stewardship staff.

Madeline Hovland commented that she is interested in fire mitigation and removing brush to save her property.

Ciara Woods commented that she is interested in balancing fuel management and habitat, and that she is concerned with willows in her neighborhood.

Peter Scott commented that he does not agree with Jerry Kent’s numbers, and that he is avid supporter of fire mitigation, not eucalyptus eradication.

Recommendation: None. This was an informational item.

The meeting was adjourned at 2:40 p.m.

Respectfully submitted,

Becky K. Pheng

134

PINOLE/HERCULES/EBRPD JOINT POWER AGREEMENT COMMITTEE City of Pinole – City Hall 2131 Pear Street, Pinole, CA 94564 Tuesday, May 27th 2014 from 2:00 pm to 4:00 pm Community Room – First Floor The following agenda items are listed for Committee consideration. No official action of any agency will be taken at this meeting; rather, the Committee’s purpose shall be to review the listed items and to consider developing recommendations for future actions.

AGENDA STATUS TIME ITEM SPEAKER I 2:00 pm Introductions All D 2:05 pm Hercules Intermodal Center Bay Trail Update Hercules D 2:20 pm Pinole Shores Bay Trail Update EBRPD D 2:40 pm Lone Tree Point (Rodeo) Bay Trail Study EBRPD I I I I

(R) Recommendation for Future Board 2014 Meetings Dates: Tuesday, February 25, Tuesday, May 27 Consideration CANCELED (I) Information (D) Discussion Tuesday, August 25 Monday, November 24

JPA Distribution List next page

135 PINOLE/HERCULES/EBRPD JOINT POWER AGREEMENT COMMITTEE Tuesday, May 27, 2014 2:00 pm to 4:00 pm

Meeting Attendees

East Bay Regional Park District (EBRPD) Jim Townsend, Trails Development Manager Kevin Takei, Shoreline Unit Manager John Hitchen, Park Supervisor

Maureen Toms, CCC-DCD Pete Murray, City of Pinole Jeff Brown, City of Hercules Bill Kelly, City of Hercules Marc Grisham, Rodeo Marina Janet Callaghan, Rodeo Thomas DeVere Wolsey, Grisham & Associates Sheila Grist, Pinole resident Jack Meehan, Pinole resident Linus Eukel, Muir Heritage Land Trust

Hercules Intermodal Center Bay Trail Update

The Bay Trail – Hercules segment of the project (part of the larger intermodal project) is currently undergoing utility work related to straightening a segment of the Union Pacific railroad track and relocating utilities for the train station project. The Park District’s involvement is primarily in the half-mile segment of the Bay Trail that traverses the Bio Rad easement that the Park District acquired approximately 12 years ago. The project is well under construction by Top Grade Construction, Inc. They have recently relocated a storm drain, sanitary sewer line, installed wildlife exclusion fencing, the SWPP measures, and cleared and grated for four of the five retaining walls. DrillTech is currently drilling and installing the soil nails for a couple of the retaining walls.

Project manager William Silva has left the project to move on to another job. His primary role was dealing with a lot of challenges with funding and environmental issues. Allen Wolkin is currently overseeing this project for the City. The actual project is being managed by the Contra Costa Transportation Authority. Much of the funding for this project ($16 million) comes from the CCTA as a part of the train station project (Transit Center Project). The Park District has $3 million in the project ($2.5 million from TIGER II funds and $0.5 million from Measure AA and a Bay Trail grant).

The Bay Trail segment of the project will connect to the John Muir extension (the road that runs from San Pablo Avenue along the edge of Bio Rad down to the shoreline). The John Muir extension to the existing Bay Trail and Victoria by the Bay segment will be completed sometime

136 in the summer of 2015. If anyone is interested in seeing the project under construction a site visit can be arranged. Much of the work is occurring underground. A large fuel pipeline (Kinder Morgan) requires relocation because it is currently located in the area where the railroad tracks plan to be moved. Storm drains and sewer lines are also being relocated in the process. Bio Rad has been cooperative in this process ensuring that the project is completed in the best possible way that aligns their interests with all agencies involved.

When this is finished, will you be able to travel from the edge of Victoria by the Bay through the Bio Rad area, past the train station and then connect with the existing paved Bay Trail at Railroad Avenue. There is a natural surface pathway that currently connects across the Hercules downtown property to where this Bay Trail segment will connect. The developer for Hercules downtown is responsible for constructing that segment of the Bay Trail. It is not within the Park District’s purview to decide whether it is open or closed to the public because the Park District does not own the land or any rights to that segment in between the end of the paved portion at the Railroad and the beginning of the Bio Rad segment. The property is owned by the City of Hercules, but it is uncertain whether or not the City or the developer controls it currently. The project is currently broken into three phases, the part that is currently under construction is Phase I (connect the trail and relocate the pipelines). Phase II has not gone out to bid yet (Path to Transit). It extends John Muir Parkway, builds a bridge over Refugio Creek which extends to Bay Front Boulevard. The current section of the trail that is under construction will have a temporary connection to the roads once they are built. Therefore, one could walk the Bay Trail to the temporary connection down the sidewalk to the current natural surface trail. Phase III (train station) will complete the last piece. The reason for the phased timing is for the train station construction and relocation of the tracks that will have an effect on the trail access. It will not be feasible to walk from Pinole to Rodeo without running into a construction site during this time.

One of the Federal funding requirements for the trail portion of this project is that the trail segment has to have independent utility. This means that the trail has to continue along a continuous connection, and not dead end. It cannot run like the Pinole section that dead ends on either end, it needs to connect to something. Therefore, the John Muir extension will connect to one end and the Bay Trail on the other.

Members of the public want to know where the trail dead ends at Santa Fe, and if the City of Hercules approves public access to Victoria by the Bay from the trail end; the public is inquiring regarding a consensus that no one will try to stop them if they use this trail access. The area that is currently under construction is definitely off-limits to the public because it is an unsafe open construction site. The area is private property and should not be accessible to the public.

Pinole Shores Bay Trail Update

There have been a number of developments on the Pinole Shores Bay Trail: 1) Successfully re-engaged with Union Pacific (“Railroad”) to resolve some issues and get help on finalizing the B-submittal – a meeting occurred one month ago and another is scheduled for June 18th.

137 2) Last week the Park District submitted a $4 million grant application under the Active Transportation Program (new federal transportation bill – consolidation of all various bicycle/pedestrian/environmental/ -mitigation programs/recreational trails programs). Half of the money is distributed to the big MPOs (municipal planning organizations), some funds are allocated to some small MPOs (rural areas), and the other half of the money will be distributed on a competitive basis by the California Transportation Commission. The Park District thinks that it can be very competitive under this program because the Park District has a Federal Aid project, NEPA is completed, and the Park District has completed the long and extensive federal certification process (funded by the WCCTAC and TIGER II monies). The project is “shovel-ready” under the federal process, which gives the Park District more points in its federal ranking. It is also an important safety project (part of ranking component). The Park District expects to receive a response regarding the grant application in a couple of months.

3) The Park District received $200,000 in priority conservation area funds from the MTC as a part of the SF Plan Bay Area funding and more is expected next year. This is not federal money, therefore they can be used as the required “match” of federal funds (i.e. if you receive $4 million in federal funds, then you must have $800,000 in non-federal funds to make up the required match).

4) 65% of the design work is complete; the Park District is waiting for the Railroad to sign off on it.

5) The Park District is working with an attorney that has experience working with the Railroad so that the Park District can better communicate with the right contacts within the Railroad.

In summary, the Park District needs to secure the funding that will hopefully come from the Active Transportation grant, for the most part, and finish our outstanding work with the Railroad. Once the B-submittal comments are received, then the Park District will send it to the City to undergo their design and review process. The Park District is waiting for comments from the Railroad prior to the City review to mitigate any multiple design & reviews due to any potential changes proposed by the Railroad.

Lone Tree Point (Rodeo) Bay Trail Study

The Park District owns the last segment in between Hercules and the Rodeo Marina called Lone Tree Point. The Park District Board of Directors has appropriated $50,000 to develop a preferred alignment to complete that segment of the trail. The Request for Proposals is going out this week and the plan is to have the consultant selected to complete the study by the end of July.

This segment does not cross the railroad tracks and it is Park District owned, therefore the only concern left to handle is the ADA compliance getting up and down the hills.

138 NEWSCLIPS

News Release July 11, 2014 Media Contact: Mona Koh (510) 544-2216 [email protected]

Tilden Regional Park Attractions Open for Summer Fun

The East Bay Regional Park District is pleased to announce the completion of projects improving public use facilities at Tilden Regional Park, and the simultaneous re-opening of the Tilden Merry-Go-Round.

The popular Tilden Nature Area in Tilden Regional Park includes the Environmental Education Center, Little Farm, and nature trails, and is adjacent to many of Tilden’s family picnic sites and reservable picnic areas. Earlier this year, the Tilden Nature Area and the north end of Tilden Regional Park were partially closed to allow for a major maintenance project in the park.

Projects at the Tilden Nature Area and the northern end of Tilden Regional Park included:

• Major infrastructure replacement work for a sanitary sewer system partially funded as a voter-approved project in the 2004 Measure CC bond and by Measure WW development funds approved by voters in 2008. • Renovations to the Indian Camp parking lot, turn-around and curbs. • Path upgrades providing improved Americans with Disabilities Act (ADA) compliant access. A newly renovated paved trail from the Indian Camp playground all the way to the Little Farm is ADA compliant. • Renovations of the restrooms at the Little Farm, including an ADA-compliant concrete pathway. • Repainting of the interior of the Environmental Education Center (EEC), and replacement of the carpet. • Repairs to the flooring in the EEC as needed.

The first phase improvements for the Tilden Nature Area sanitary sewer system included removal/abandonment of existing sewer holding tanks and septic systems, installation of gravity sewers, installation of a sewer pump station and force main, and installation of a 9,000-gallon holding tank located near the base of Canon Drive. The project reduces the need for trucks to enter the heavily visited Tilden Nature Area to remove sewage.

In addition to the completion of maintenance projects in the park, park visitors will note the re-opening of the Tilden Merry-Go-Round under new management. Visitors

139 may purchase ride tickets for the vintage Herschell-Spillman carousel on site, near the Tilden Nature Area. Daily hours of operation are 11:00 a.m. to 6:00 p.m., July 3 through September 1.

Other attractions at the park include the Tilden Golf Course, Regional Parks Botanic Garden, Lake Anza swim beach, Native Here plant nursery, Brazilian Room, Redwood Valley Railway and the Golden Gate Live Steamers miniature railroad club.

For more information about Tilden Regional Park, call 1 (888) 327-2757 or visit www.ebparks.org/parks/tilden.

###

140 With petroglyphs, it's look, but don't touch

Tom Stienstra

July 5, 2014, SF Gate

Ned MacKay points out a mortar at Morgan Territory Regional Preserve near Livermore. Photo: Tom Stienstra

Some places are best kept secret.

At the top of the list are American Indian petroglyphs - rock drawings or carvings made before any explorers, trailblazers or pioneers arrived.

When we find them, we like to have a trail lunch alongside, sit there for a while and try to imagine what it was like when they were created. "If only these rocks could talk," is a favorite saying of my pal Bob Simms, the Sacramento radio show host who is a field expert in California history.

Many petroglyphs in the foothills of the Bay Area are not ancient, having been made between 500 and 1,000 years ago. They are often drawn on sandstone, where hundreds of years of exposure to weather can erase the marks from the soft, erosive rock. So what remains is priceless.

Last week, a group of hikers explored Mount Diablo and found some little-known petroglyphs, distributed photographs of them and did the right thing by not revealing their location.

The most famous petroglyphs in the Bay Area are at Vasco Caves in remote Contra Costa County. Visitors are allowed only on East Bay Regional Park District-led tours (fee: $30). For tour information and reservations, call (888) 327-2757, option 2, then Ext. 3.

Vasco Caves is a series of dramatic hollows in a sandstone monolith that rises in the foothills east of Mount Diablo. The rock art is far from stellar, but park historians say it dates back 10,000 years.

141 I've always found petroglyphs by accident - that is, usually when looking for Indian grinding mortars, I find petroglyphs nearby. The most likely spots are oak woodlands where there are sandstone outcrops. You need to find oaks because that is where the Ohlone would collect acorns and then husk the shell and grind the seed to make flour. The sandstone outcrops are where they would gouge hollows for bedrock grinding mortars. They would use the small bowl-like hollows to mash the seeds into flour, and then with water, leech out the bitter taste of the acorn seeds.

The mortars are not easily found, which makes for a fun way to explore and see new places with the chance of locating little-known sites. There are roughly 100 sites with bedrock mortars in the foothills of the Bay Area.

If you wander across such a spot, stop for a while, eat your trail lunch, imagine a similar day 1,000 years ago at the same spot and what the people talked about. "If only the rocks could talk."

Tom Stienstra is The San Francisco Chronicle's outdoors writer.

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Candidates Size Up Running As Nomination Period Opens Soon

July 4, 2014, The Independent The Livermore, Pleasanton and Dublin city councils, mayoral positions and school boards all have elections coming up in November.

The Livermore Area Recreation and Park District (LARPD) and East Bay Regional Park District (EBRPD) Ward 5 also have terms that will be up for renewal.

The nomination period for the November 4, 2014 General Election opens on Monday, July 14, 2014 and ends on Friday, August 8, 2014 at 5:00 p.m. In the event that an incumbent fails to file for re-election, the nomination period for that office is extended until Wednesday, August 13, 2014 for any candidate other than the incumbent.

In Livermore, Mayor John Marchand's term expires, as do the seats held by Councilmembers Bob Woerner and Doug Horner, who is termed out.

Marchand plans to run for another two-year term. He told The Independent, "The true reason to serve in elective office is for the community to be a better place because you served." Marchand said that when he is out in the community, people tell him how much they love Livermore, and the great things the council is doing.

Woerner, who was appointed two years ago when Marchand moved up to mayor, will face his first election contest. He is running because he says he wants to continue to improve the quality of life and preserve the open space. Fiscal responsibility is another motivator. "I want to make sure that funds are spent wisely," he stated.

Planning commissioner Steven Spedowfski has announced that he will run for City Council. He wrote in a press release that he plans "to run a campaign focused on core values that make Livermore a great place to live -- preserving open space, maintaining the voter-approved urban limit line, expanding transportation services (including BART to Livermore along the freeway), encouraging business development and growth, and creating strategies for long-term financial stability."

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In Pleasanton, Mayor Jerry Thorne, Councilmembers Kathy Narum and Cheryl Cook-Kallio have expiring terms. Cook-Kallio has reached term limits. Olivia Sanwong has formed a 2014 council committee. She was a candidate to fill the seat vacated by Thorne when he was elected mayor. Narum won that election.

Thorne has announced that he will seek another two-year term. Narum was not available for comment. For more information, prospective candidates are encouraged to schedule an appointment with the Pleasanton City Clerk by calling (925) 931-5027.

Dublin Mayor Tim Sbranti has reached term limits, and will be running in November for the 16th Assembly District seat against Dublin resident and Pleasanton attorney Catharine Baker.

Dublin councilmembers Kevin Hart and David Haubert told The Independent that they will be seeking the mayor's job. Both will run from safe seats on the council. If not elected mayor, they would remain on the council.

Hart said, "Many things to be done to move the city forward." He mentioned economic development and open space. "We have the Let Dublin Decide initiative. I'm a strong supporter of defeating that," said Hart. Also, some have said that they are proud of Dublin being No. 2 in the state in growth, but "I'm not proud of that. We need to slow down," Hart said.

Haubert said that he has begun a financial campaign for a a run for mayor. He said he has endorsements from the I-680 corridor mayors -- Jerry Thorne of Pleasanton, Bill Clarkson of San Ramon, and Robert Storer of Danville. He also has been endorsed by former Livermore Mayor Marshall Kamena, and former San Ramon Mayor Abram Wilson.

Kasie Hildenbrand, who termed out of the Dublin Council in 2012, plans to run for mayor.

On the Dublin council, the terms of Vice-mayor Don Biddle and Councilmember Abe Gupta are expiring. Biddle told The Independent that he will run again, and will make a formal announcement after Independence Day.

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Gupta told The Independent that he plans to run in November because he wants to continue to be a voice on the council for smart, progressive growth. He cited a desire to bring in more tech companies, maintain open space, and "create a safe vibrant community."

Gupta said, "I championed the defeat of the conceived Doolan Canyon development when it was first proposed. I want to continue to stop projects like that, while supporting innovation in the Tri-Valley and the extension of BART to Livermore."

On the Livermore school board, terms expire for Bill Dunlop, Kate Runyon, and Anne White. The election also will fill the remaining two years for the term of Tom McLaughlin, who died recently.

White, who was first elected to the school board in 1990, said that she is committed to running again. She said that she is excited about the coming Core Curriculum and its implementation. Also, she has become one of 30 members of the board of directors of the California School Board Association, a step up from the delegate position that she held previously. She wants to be able to make contributions from that more powerful position.

In Pleasanton, school trustees Joan Laursen and Jeff Bowser have expiring terms. Both said that they will be running again.

Bowser said that the key issue for him will be to continue the work the board has done, continue with smaller class sizes, and strong fiscal stewardship. "We have a balanced budget, and no layoffs. It's all good news."

Laursen said, "While I am proud of the improvements we have made in our district over the past four years, I still have many things I wish to accomplish with our team. To quote Robert Frost, 'But I have promises to keep, and miles to go before I sleep.'"

In Dublin, the terms of school board president Sean Kenney and trustee Megan Rouse will expire. Rouse, who was appointed in January 2013, said that she will be running.

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Rouse said, "We are thriving and growing, and I want to continue my work on the school board to make sure our district remains fiscally responsible and sound, to approach learning in a way that values every child, and to strengthen communications and partnerships with families, teachers and staff."

Kenney could not be reached for comment.

In LARPD, David Hutchinson, Bob Coomber, and Maryalice Faltings have expiring terms. They had not responded by press time as to whether they would be running. For more information, call Gretchen Sommers with LARPD at 925-373- 5725.

EBRPD 5th Ward director Ayn Wieskamp's term is also up.

In Congress, voters in June chose incumbent Democrat Eric Swalwell and Republican Hugh Bussell to face off in November.

Nomination documents are available at the Alameda County Registrar of Voters Office, 1225 Fallon St., Room G-1, in Oakland.

Candidates for municipal offices should contact the respective City Clerk for information on obtaining nomination documents.

For more information, contact the Registrar of Voters office at (510) 272-6933.

146 CSDA e-News Page 1 of 1

DOF Authorizes $100 Million in Mandate Reimbursement Payments to Local Agencies On July 2, the Department of Finance (DOF) instructed the State Controller to appropriate $100 million of the $900 million in pre-2004 state mandate reimbursements owed to special districts, cities and counties. Special districts that filed for reimbursement will receive over a combined $2 million in this initial appropriation. To see the full list of the repayments, click here.

During budget negotiations, CSDA and a coalition of local government agencies emphasized the importance of Governor Brown’s FY 2014-15 State Budget plan to make the $100 million payment to local agencies. The coalition highlighted it as a meaningful first step toward eliminating this component of the state’s “Wall-of-Debt.” Read the coalition letter here.

Should state revenues exceed forecasts, the state budget also includes language to pay $800 million in additional state mandate reimbursements owed to local agencies. The DOF has the administrative authority to pull this automatic “trigger” at next year’s May Revise. All non-Prop 98 dedicated funds above the budget revenue forecast will go first and foremost to local governments.

California Special Districts Association | 1112 I Street | Suite 200 | Sacramento, CA 95814 | 877.924.CSDA (2732)

A Proud California Special Districts Alliance Partner

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Alameda: Council backs open space ordinance for site near Crab Cove

By Peter Hegarty [email protected]

07/02/2014, Inside Bay Area

ALAMEDA -- The City Council has come out in support of rezoning a property near the Crab Cove Visitor Center at Robert Crown Memorial State Beach from residential to open space, a move that follows 6,000 people signing a petition to place an initiative before voters that would support the change.

The council voted unanimously Tuesday to adopt the initiative, which means it will not appear on the November ballot.

But the council also approved a separate measure that would allow it to reverse the decision, either temporarily or permanently, in the event someone sues the city over the zoning change within 120 days of it taking effect. The idea behind the fallback measure is to provide the council with options on how to pay for any legal costs or judgment that could result from a lawsuit.

Both items are expected to be up for final approval by the council on July 15.

The East Bay Regional Park District wanted to acquire the approximately four- acre property off McKay Avenue as a way to expand Crab Cove, but was outbid by developer Tim Lewis Communities in a June 2011 auction hosted by the U.S. General Services Administration.

The developer, which has proposed building homes on the site, bid about $3 million, but the sale has not been completed.

The park district is currently suing the city over the council over its earlier decision to change the site's zoning from "administrative professional governmental" in order to meet affordable housing and other residential needs.

Councilman Tony Daysog said he supported adopting the initiative because residents "are on the side of open space."

"That's the will of the people," he said.

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He also tweaked the companion measure so that the council could use General Fund money and other ways to meet any legal costs, instead of being restricted to just raising taxes or selling off the property.

Daysog noted, however, that the measure is only aimed at giving the council options in the event of a lawsuit.

Councilman Stewart Chen cast the lone vote against the companion measure, saying he did not believe the public had enough time to review it.

During the meeting speakers urged the council to adopt the ordinance and drop the fallback measure, saying if it appeared on the ballot it would intimidate voters from supporting the open space initiative.

"This is not a situation where you need a companion measure because you are not likely to get sued," resident Jane Sullwold said.

The federal government, which still owns the property, is exempt from local zoning laws, and the developer Tim Lewis Communities will not want to undermine relations with city officials because it needs support for bigger projects along the northern waterfront, including at the former Del Monte warehouse, Sullwold said.

But City Attorney Janet Kern said a potential owner of the property along McKay Avenue, which leads into Crab Cove, could argue that the zoning change has caused them economic hardship.

"It's possible that someone could, potentially, bring a lawsuit and there is certainly going to be defense costs if that happens," Kern said.

Mayor Marie Gilmore said the measure laying out ways to pay for costs arising from a legal challenge was about "making sure we protect the city's General Fund, which is used for, among other things, parks, public safety, libraries."

Reach Peter Hegarty at 510-748-1654

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Posted by Nooshin Razani on June 24, 2014 at 2:33pm

Magical

UCSF Benioff Children’s Hospital Oakland (CHO) Primary Care Clinic has partnered with the East Bay Regional Park District (EBRPD) to bring families to nature for health. The result has been, in a word, magical. Through the generosity of the Regional Parks Foundation, a Nature Shuttle takes patients, their families, and accompanying clinic staff to a variety of East Bay Regional Parks on the first Saturday of each month. The first two trips have been to Healthy Parks Healthy People programming at Crab Cove Visitor Center at Crown Memorial State Beach on the Alameda Shoreline where we were greeted by a naturalist, participated in guided activities exploring the outdoors, and have enjoyed a meal together.

Nature prescriptions

One family was recruited to the Nature Shuttle during a busy clinic morning when a single mother and two toddlers had come in for vaccines and asthma. During the course of the visit, the doctor learned that the family was struggling with housing. Among other more urgent topics, the provider was able to suggest this specific nature activity as a way to relax and recuperate. Once at the tide pools, with her boots covered in mud, this mother said: “This is my last pair of shoes.” She laughed and said that she had to wait until next month to have enough funds to buy a replacement pair, but that it was worth it.

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We are a Federally Qualified Health Center, so a large portion of our patients live below the poverty line. Many lack basic resources such as food, house stability, transportation and child care. Poverty has profound effects on health. Over the course of life, the increased health risks associated with poverty have a cumulative impact of 14 years of difference in life expectancy. It also happens that people with the lowest resources, highest health needs, are often those with the least access to nature.

We look to nature to help our patients become resilient. We believe nature has the potential to heal because it buffers stress. When people have trees and vegetation around them, they have lower blood pressure, better emotional control, and improved attention and cognition. In larger population studies, green environments reduce stress, anxiety, depression, and increase the sense of well-being and longevity. Children living in more green environments have been shown to have more resilience against stressful life events such as family strife, divorce, and bullying. Associations with improved mental health and access to nature are even more profound for people living in poverty.

We also look to nature to help families spend quality time with each other. The best conditions to reduce childhood stress are those where young people can feel safe and connected to others and to the world around them; spending time with a loving adults builds resilience in children. Opportunities for quality time increase when families are outdoors. We have observed many distraction-free moments of quiet, tenderness, and laughter between parents, grandparents, and siblings in nature.

We refer patients to the nature shuttle to increase physical activity, but also to help with stress relief and social isolation.

I want to stay here forever

“I want to stay here forever,” said an 11-year-old girl at the end of one of our trips. Her exclamation surprised us as she had been completely silent through out the excursion. For the most part, she helped her parents care for three younger siblings, quietly accompanying them around the tide pools, pond and the Crab Cove Visitor Center. She maintained a vigorous grasp on an adult’s hand as we followed a naturalist out into the muddy tide pools to search for crabs, worms and bat rays. Her sequined pink sneakers were covered in mud, and after a few minutes she turned around and quietly went back to the shore.

Partnering with children such as this young girl and families to get outdoors has taught us not to make assumptions about how children feel about or experience nature. One young boy jumped into the dirt almost head first, elated, running back and forth to the group to announce his latest discovery such as Mermaid’s Hair Seaweed. One family group spanned three

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generations, including a teenager wearing headphones. Despite this teen’s cool demeanor, she was just as engaged as her elders when we saw baby ducks. Another boy separated from the group; staying on shore. When we returned from the tide pools we discovered that he had been completely engrossed in finding crabs of different sizes. Filled with pride, he held up his hand which was filled with several little crabs. The toddlers in the group often struggle to sit still, but come to life when allowed simply to run.

Fun looks different depending on a child’s developmental stage. Young children ages zero to five learn, explore, engage and get active through play. Play is best when spontaneous and self directed. Natural environments that are enriched – that is, with natural elements such as sticks, rocks, and streams – foster healthy development and invite young children to explore while gaining physical skills and coordination. With the little ones, we are often reassuring and encourage parents to find a safe outdoor space and to give their preschooler unstructured time to discover and play. Elementary aged children, on the other hand, enjoy being outside with their parents or friends. To engage an adolescent, it is important to listen to her ideas on where to go and what to do in the outdoors.

Getting kids to nature is not always easy on the adults

The parents on our trips work hard to give their children this opportunity. A half-day excursion into the outdoors takes time, access to nature, and money for supplies, meals, transportation, and childcare. For many people these are formidable challenges. The shuttle leaves from our clinic on the first Saturday of each month. Getting to our clinic poses it’s own challenges: one couple with four children had taken three buses to get there and were running to get to our clinic, as one of their buses was delayed. One grandmother had hailed a taxi when her connecting bus failed to show up. Another mother arrived early so her children could take a nap and catch up on sleep before the trip. Another family of four children had spent two hours on a bus to get to our shuttle. We are humbled by our families’ determination to explore with us.

But, as is the magic of nature, the barriers between families fall when we are outdoors. Families and staff help each other out. On the bus ride over, several of the mothers traded information on housing options. A naturalist held one mother’s toddler for much of the day so she could tend to another child. The formalities between doctor and patients also drop; one doctor ran and ran with a two year old across a grassy lawn until they both sat down, smiling, and finally tired. The physicians had the opportunity to talk with families in a way that they would never have the opportunity to do otherwise. As social isolation is a true public health issue, the potential for community building in these trips is profound.

When we say nature, we mean community

What is it exactly about being outdoors that

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heals us and heals children? Science tells us the health benefits of nature include physical activity, stress relief, and social contact. Our experience tells us nature is about having fun with friends, family, and community. Being in nature is also about expanding our definition of community. For a child, attaching to the place where they live, and to the plants and animals that share this space with them also has the potential to help them feel connected. Reducing stress and being connected to loving adult and community helps kids become resilient.

Parks remain an invaluable resource for free and local opportunities to experience nature. Thank you, East Bay Regional Park District for being an amazing collaborator and for caring for our parks. Thank you to UCSF Benioff Children’s Hospital for believing in nature. Thank you to parents and caregivers for exploring. Thank you to all the naturalists, environmental educators, and guardians of our nation’s natural resources. You are public health in action.

We would like to recognize Carol Johnson, Elizabeth Carmody, Sharon Nelson-Embry, Yogi Francis, Pat Chase, Kelley Meade, Christine Schudel, Kelvin Dunn, Curtis Chan, and Kristin Wheeler for helping to create this vision.

Children's Hospital Oakland Health Educator Christine Schudel, Dr. Razani, Dr. Long, and Dr. Chase gather with families at Crab Cove East Bay Regional Park.

About the Authors

Dr. Dayna Long is a staff pediatrician at UCSF Benioff Children's Hospital Oakland (CHO) where she co-directs the Family Information and Navigation Desk (FIND). She has been a dedicated Nature Champion at CHO and currently collaborates with EBRPD to integrate nature into clinical care in a program called FIND Nature! Dr. Long also serves as Medical Director for the Asthma Clinic where she and her team run an annual camp for children with asthma to spend a week in nature called "Camp Breath Easy."

Dr. Nooshin Razani is a pediatrician practicing at the Silva Clinic in Hayward and UCSF Benioff CHO. She was trained as a "Nature Champion" by the National Environmental Education Foundation in 2010 and serves as the lead medical Senior Fellow to the Institute at the Golden Gate. She is thrilled at this opportunity to share her love for nature with families through a collaboration with the FIND Nature! team at Children's Hospital Oakland and EBRPD.

Photos by Nooshin Razani and Elizabeth Carmody

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Comments

Zach Pine · June 27, 2014 at 10:11am

Thanks for all you do, and for this wonderful description!

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154 Healing by Being Together in Nature - Blog - Institute at the Go... http://instituteatgoldengate.org/blog/children-and-resilience-hea...

Ali roudbari · June 25, 2014 at 8:45pm

Thank you for all you are doing. My first love was when i was about 8 years old. That was falling in love with the mountain. Nature has shown me everything I know, how to be happy and how to feel joy for simply being part of this amazing world, how to share like nature. how to love and have big heart like the sun. Whenever i am confused and lost, I find my answer in nature specially in the mountains. The answer is always there. Nooshin I admire you. You have seen the healing power of nature and you are sharing it with the children of the world, just like the nature does. Ali Roudbari

Chris Spence · June 25, 2014 at 3:22pm

Thank you for this inspiring blog and for sharing such wonderful stories about the benefits of nature and community!

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5 of 5 7/8/14, 2:37 PM

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The City Attorney pleads inanity

June 22, 2014, Robert Sullwold, AlamedaMgr.wordpress.com

The Merry-Go-Round was looking forward to reading the analysis by City Attorney Janet Kern of the potential claims against the City arising from passage of the initiative re-zoning Neptune Pointe to open space.

When Council assigned the task to Ms. Kern at its June 3 meeting, Councilmen Tony Daysog and Stewart Chen, D.C., heartily endorsed the need (stated by a public commenter well known to us) for Ms. Kern to “dive down and dig deep” into the legal issues raised by the initiative. “You need a report that’s going to tell you what the facts are” relevant to any potential claims, the speaker urged, as well as “what the likelihood is” of those claims being raised at all and ultimately succeeding if they are raised.

Good idea, Jane. Unfortunately, that’s not what we got. The “Potential Legal Impacts of the Initiative and Estimated Costs” section in the report released by the City Thursday – which presumably was prepared by Ms. Kern – falls woefully short of the mark. It is not so much an analysis of the issues as a recitation of the obvious. If, unlike Mr. Daysog and Dr. Chen, the Council majority simply wanted a report they could use to alarm rather than inform the voters, they got what they asked for.

Essentially, the City Attorney tells Council and the public that:

. If the initiative passes, someone could sue the City;

. If someone sued, the City would have to hire lawyers to defend it;

. If the City lost the suit, it would be ordered to pay damages.

Duh.

This information is absolutely useless to anyone interested in evaluating the risks of potential litigation. Any law student who’s taken the first-year property class could say the same thing. Indeed, you could probably make exactly the same three points about any decision Council might make.

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But we suspect that this is exactly the kind of report the Russo/Gilmore administration had in mind. When the matter comes before Council again on July 1, Mayor Marie Gilmore and Vice Mayor Marilyn Ezzy Ashcraft can shake their heads again at the distasteful prospect of litigation just as they did when Council first was asked to put the initiative on the ballot. Only this time they’ll be able to add: And the City Attorney agrees we could get sued!

The report does give the Mayor and Vice Mayor a bit of additional fodder to throw on the bonfire. Not only would the City have to hire lawyers to defend itself; the legal fees are “likely to amount to hundreds of thousands of dollars.” (Who’s the City planning to hire? David Boies?) And not only would the City have to pay damages if it loses; the damages “could amount to millions of dollars.”

(We have to give staff credit for cleverness. Not satisfied with basing the fair market value of the parcel on the amount the developer agreed to pay for it, the report offers an alternative damages figure based on the amount at which the City itself would value the property for purposes of imposing a development impact fee. As it happens, a “study” containing new – much higher – values per acre for use in the DIF computation was released the very day the initiative impact report was made public. How convenient!)

What’s missing from the report is what a private client engages – and expects – a lawyer to provide: an analysis. Who is likely to sue? On what legal theory? And most importantly: How strong is the plaintiff’s case? What will the defense be?

We know it would upset the Vice Mayor if we presumed to tell the City Attorney how to do her job, but Ms. Ashcraft probably doesn’t read the Merry-Go-Round anyway, so we’ll venture a few things it would have been nice for Ms. Kern to address.

We’ll start with the points we made a few weeks ago. Regardless of whether a legal basis for a claim exists, there may be political reasons that would deter either the federal General Services Administration or Tim Lewis Communities, the developer, from suing the City in the first place. For example, does TLC, with two other major projects in the planning stages, really want to become the City’s

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adversary? In addition, two appellate courts recently held that personnel decisions made by our City Council constituted conduct protected by the anti- SLAPP statute. Might not those cases be extended to cover a decision to adopt a zoning ordinance implementing a voter initiative?

We can’t blame Ms. Kern for not addressing these points. She probably doesn’t read the Merry-Go-Round, either.

It’s harder to excuse her failure to conduct even a rudimentary legal analysis of the potential claims, beginning with: Who is likely to sue? According to the report, “the Federal Government or the Developer potentially could bring a lawsuit against the City challenging the Initiative.” Yeah, those are the two parties to the contract of sale, all right. But which one of them would have the legal right – i.e., standing – to bring the inverse condemnation suit discussed in the report?

Usually, that’s an easy question to answer: it’s the owner of the property. The report states that, “As of the date of this Report, ownership remains with the Federal Government.” So it’s the feds who would file the inverse condemnation suit, right?

Well, not so fast. If Ms. Kern were as diligent as Irene Dieter, who submitted a Freedom of Information Act request to the GSA, she’d know that the closing date for the sale (which originally was April 18, 2013) is now June 23, 2014. That’s right – this Monday.

The documents show that TLC already has requested, and the GSA has granted, multiple extensions of the dates on which payment is due. (In fact, the GSA began charging an “extension fee” back in August 2012). But let’s suppose this closing date is firm. On June 23, TLC will be required to deliver a check to GSA for $2,767,500 in exchange for a quitclaim deed to the property. If that happens, TLC will become the new owner of the Neptune Pointe parcel.

Why doesn’t Ms. Kern tell us these facts? Maybe she didn’t bother to investigate the actual status of the transaction. Maybe she did investigate and knows something the public doesn’t – like a secret deal between the GSA and TLC not reflected in the documents produced to Ms. Dieter. Or maybe she’d like to keep

158 4 the threat of a suit by the federal government hanging over the City’s head. You’ll have to ask her.

Next, on what theory? According to the report, a “full legal analysis of all the possible legal claims which could be brought with regard to the initiative” wouldn’t be prudent, since it would tip off the City’s potential adversaries. Apparently, the “highly skilled lawyers” who (the report predicts) would represent the plaintiff couldn’t figure out on their own what potential claims arise from this set of facts, or how the City might respond. In any event, the report chooses to discuss only one legal theory: inverse condemnation.

This is itself surprising. Those who attended or watched the June 3 Council meeting – or who read our subsequent post – know that City Manager John Russo stated publicly during a meeting at the Mastick Senior Center that, if the initiative passed, the City could be sued for tortiously “interfering” with the contract between GSA and TLC. Strangely, Ms. Kern’s report says not a word about the bogeyman Mr. Russo trotted out in front of the senior citizens.

Why the omission? Maybe Ms. Kern simply forgot to mention the “tortious interference” theory. Maybe she realized that it wouldn’t fly in a case like this where the governmental action wouldn’t affect either party’s contractual rights or duties, since (as the documents obtained by Ms. Dieter show) neither GSA’s obligation to transfer title to, nor TLC’s obligation to pay for, the property depends on how it is zoned. Or maybe she wants to let Mr. Russo keep this threat in his back pocket in case he wants to drag it out again before an audience of non- lawyers. You’ll have to ask her.

So we’ll stick with the one theory Ms. Kern does choose to discuss: inverse condemnation. She helpfully devotes a full page of the report to listing 13 “factors” cited by courts in determining whether a regulatory action results in a compensable “taking.” (It’s interesting that the City Attorney chooses to rely on a California Supreme Court case involving a rent control ordinance for the “factor” list. The U.S. Supreme Court has managed to whittle down the inquiry in a regulatory taking case to a three-part test. But why keep it simple for the public?)

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If a law firm associate was preparing a memo for review by a partner and transmittal to the client, the next section would get to the heart of the matter: what arguments each party could make and how persuasive those arguments might be. No evasion or obfuscation allowed. We imagine the discussion might go something like this:

If TLC sued for inverse condemnation, it would argue that the passage of the initiative constitutes a “taking” because the re-zoning would make it impossible to use the Neptune Pointe parcel for a residential development and thus would defeat its “investment-backed expectations.” But the evidence may not justify portraying TLC as a victim of government overreach. Instead, one could argue that TLC simply made a bet that didn’t turn out as it had hoped.

Consider the following facts, all of which Ms. Kern knows, or would have known if she’d read the documents obtained by Ms. Dieter:

. At the time TLC bid on the property, the parcel was zoned A-P-G (Administrative-Professional-Governmental);

. The contract between the GSA and TLC disclaims any promise by the federal government that TLC will be able to use the property for residential development. Indeed, it states that the seller makes “no representations of warranty concerning the title, zoning, character, condition, size, quantity, quality, and state of repair of the Property.” Likewise, “Verification of the present zoning and determination of permitted uses, along with compliance of the Property for any proposed future use, shall be the responsibility of the bidder; and the Government makes no representation in regard to zoning matters.”

. Before TLC bid on the property, it obtained a preliminary title report showing that the State of California had granted access and utility easements across McKay Avenue to the federal government but warning that these easements “will expire” when title to the Neptune Pointe property “is not [sic] longer vested” in the federal government. Having read

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the report, TLC expressed concern that, without the easements, the Neptune Pointe parcel would be “landlocked.”

. After the GSA accepted TLC’s bid in October 2011, TLC – twice – sought to re-negotiate the contract to make closing the deal contingent on the GSA being able to “secure” the access and utility easements for TLC. The feds refused to modify the contract. “We do not agree to any of the changes in terms that you propose,” the GSA wrote on August 29, 2012. “[T]he sale remains ‘where is’ and ‘as is.’”

In light of these facts, it would be fair to conclude that, at the time TLC bid on the property, and GSA accepted its bid, TLC knew it was getting land that could be used only for government offices. Its ability to turn the property into a residential development depended not only on the City re-zoning the property for residential use but also on the State of California agreeing – or being forced – to transfer the access and utility easements to a private developer like TLC.

Perhaps TLC was confident that that it could convince the local politicians to do the former and the state bureaucrats to do the latter. But it still was taking the risk that they wouldn’t go along (and, in the case of the City, that the voters might overrule them). If TLC goes ahead and closes the deal, it’ll pay its money and take its chances. As the California Supreme Court said in the sole case cited by Ms. Kern, “The Constitution does not protect investors from the risks inherent in the marketplace.” The citizens of Alameda didn’t create the mess TLC finds itself in. And they have no duty to fix it – or to pay for TLC to get out of it.

Or so a legal memo might conclude after analyzing the evidence in light of the applicable law. The report prepared by the City Attorney contains nothing like this. Why? According to Ms. Kern, “It is beyond the scope of this Report to speculate as to what inventive arguments highly skilled lawyers could make based generally on the above concept.”

But isn’t that the very purpose of the report? Any law firm associate – even any law student – can pull a list of factors out of the Witkin treatise (or, more likely, find it on Westlaw). What a client pays a senior lawyer for – and the City paid Ms.

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Kern $218,683 in salary and benefits in 2012 – is her professional judgment about how a court would apply the law to the facts. And if the client is a City Council whose leaders are obsessed about litigation risk, its staff counsel ought to be prepared not just to state that a risk exists – it almost always does – but to advise her client how serious that risk truly is.

Of course, every litigator hates to hear the client ask, What are our chances of winning or losing? But it’s the litigator’s job to offer an answer, however qualified it might be. Why should we expect anything less from our City Attorney? The Mayor and Vice Mayor already may have made up their minds about the initiative, but the Alamedans whose taxes pay Ms. Kern’s salary deserve better than they got.

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Doctor’s Orders: More Outdoor Time For Kids

Sharol Nelson-Embry, East Bay Regional Park District , KQED.org, June 20, 2014

Yogi Francis, an Interpretive Student Aide, leads kids and their families on a low-tide walk at Crab Cove, EBRPD.

‘Time in nature is not leisure time; it’s an essential investment in our children’s health.’ – Richard Louv, author of ‘Last Child in the Woods’

On a recent summer day, local Bay Area families streamed off the bus, eager to explore the park and participate in the Crab Cove Visitor Center programs. It may not seem like your typical pharmacy, but these families are following doctor’s orders by participating in a new partnership between UCSF Benioff Children’s Hospital Oakland (CHO) and the East Bay Regional Park District (EBRPD): Park Prescriptions. The goal is to reduce chronic obesity and promote physical activity among children.

Exploring in the mudflats at low tide is a multi-sensory experience.

Dr. Nooshin Razani, a physician at CHO, says, “Getting outdoors benefits physical and mental health, and encourages families to get to know and love the place where they live. The Park District is a tremendous partner and ally in this mission.”

Dr. Razani is a leader in the Bay Area medical community with the “Healthy Parks, Healthy People” coalition. A growing number of physicians are concerned with children’s health and their disconnection from nature and the outdoors. The

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statistics are alarming, with obesity affecting one-quarter to more than one-third of young people in the United States. Rates in African-American and Hispanic communities are disproportionately higher. Childhood obesity can lead to health concerns and complications including asthma, diabetes and cardiovascular disease. Attention-deficit disorders and vitamin D deficiencies also plague our youth.

Families get a close look at bay creatures in Crab Cove’s aquariums and learn about their habits and habitats during the fish feeding program.

Kids aren’t the only ones who benefit from time spent outdoors. Studies show that time spent in nature can help stressed-out, “nature-deficit” adults, too. In Japan, Shinrin-yoku — the practice of “bathing” all five senses with time spent in the forests — has been shown to reduce stress and blood pressure, along with improving mood. Taking in the natural sights, sounds, smells and even touch and taste (carefully, of course) can be accessible for everyone, unlike expensive spa treatments.

You can learn more about free and low-cost nature programs and the EBRPD’s “Healthy Parks, Healthy People” special events in the Regional in Nature Activity Guide. There are also many resources for physicians and families interested in better health for children at the National Environmental Education Foundation website (NEEF), including “Nature Prescription” forms and recommendations. The Institute at the Golden Gate Healthy Parks, Heathy People programming also provides additional resources for physicians interested in prescribing nature for their patients. You can also find a listing for ten free apps that will help you get inspired to get outdoors and get active on the NEEF website.

166 Chamomile Wars nest sites, moved in. After this year’s David Riensche District biologist Dave herbicide treatment,

mayweed’s foothold Estuary News Riensche says they JUNE 2014 was reduced to two were “an attractive VOL. 23, NO. 2 percent of Island Five. nuisance” – drawing Until recently, raccoons and red foxes Hand-pulling, Riensche mayweed chamomile that preyed on duck explains, would not (Anthemis cotula), a and tern nests alike. have eliminated the rank-smelling weedy The upshot? A two- seeds that can lurk in cousin of the popular year decline in the the soil for a couple of herbal tea ingredient, terns’ reproductive decades. In addition, was barely on the success. the plant’s waxy resin radar of the invasive can cause a contact In 2012 the District plant community. But rash. it was bad news for struck back with a the endangered cocktail of herbicides Riensche says 2014 California least terns contributed by Dow looks like a banner that nest on artificial AgroSciences and year for the terns, with sand-and-shell islands applied by Caltrans courtship activity at the Hayward workers before the starting early. “I’m Regional Shoreline nesting season. That sure we’ll get close to until the East Bay knocked back a hundred nests,” he Regional Park District vegetation cover from predicts. The Alameda resorted to chemical 90 to 10 percent. Point colony, with more room for nests, warfare. The terns rebounded. is still the region’s Last year the Hayward Five years ago, the largest—but Island plant overgrew Island Shoreline hosted the Five, crowding the second largest tern Five, with one of the terns into a remnant colony north of highest nesting sliver of open ground. Ventura County, with densities on the Pacific Ducks, which, unlike 85 nests, and had a 95 Coast, continues to terns, prefer vegetated percent hatching rate. provide insurance.

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Winning his Father’s Fight The current restoration work is funded by a number of local, state, Estuary News JUNE 2014 and federal agencies “It took years of very active work,” says Dotson, about Slung low along the bayshore the effort to save the marsh, “but between the Chevron Richmond now it will be preserved forever.” Refinery and Point Pinole Regional Park, and peppered with remnants Dotson lives nearby in the house from decades of unregulated use, where he grew up. The house is part Breuner Marsh is often overlooked. It of Parchester Village, a planned is found off the Richmond Parkway at community built on the heels of the end of Goodrick Avenue near the World War II when, Dotson says, “Mr. gun club. “You can see the beauty of Parr had the idea to develop housing the place if you hike out a little for black ship workers.” (The name ways,”says East Bay Regional Park Parchester combines Parr’s last name District board member, Whitney and the name of his son Chester.) Dotson. Houses were sold with the This summer the marsh will become understanding that the open swath of more accessible. In July the park land — now known as Breuner Marsh district begins the construction phase — between the houses and the Bay of Breuner Marsh’s restoration. The would remain undeveloped. By the $8.5 million effort includes removing 1970s, the undeveloped land old structures and hazardous surrounding Parchester was sold to materials; restoring 65-acres of Gerald Breuner, a businessman who wetlands and 85-acres of coastal intended to build a small airfield on prairie; and closing a mile-and-a-half the marsh. “My father started Bay Trail gap. The long-running effort organizing against that,” Dotson says. to preserve the marsh was most recently punctuated by a three-year The airfield remained on the drawing eminent domain legal battle board, but throughout the years ultimately decided by the state other developers have bought and Supreme Court. sold the site. In 2000, a plan to build a light industrial complex on the The court’s ruling resulted in the park marsh again inspired the community district purchasing the 218-acre site to organize. for $6.8 million in 2011.

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Dotson moved to Parchester when he was five. He is 69 now, but he remembers what his father had taught him. “He inspired me to jump into the fray. He told me the whole story.”

Chris Barton

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Tri-Valley Conservancy June 2014

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