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Board Meeting Packet August 12, 2014

Board Meeting Packet August 12, 2014

Board Meeting Packet August 12, 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 AUGUST 12, 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

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AGENDA

REGULAR MEETING OF AUGUST 12, 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, August 12, 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 Capt. Mark Ruppenthal agenda, you may do so under Employee Organizations: AFSCME Local 2428 / Police Association Public Comments at either the Unrepresented Employees: Managers and Confidentials beginning or end of the agenda. If you wish to testify on an item on the agenda, please complete a speaker’s form and submit it 2:00 p.m. OPEN SESSION (Board Room) to the Clerk of the Board. A copy of the background PLEDGE OF ALLEGIANCE materials concerning these agenda items, including any A. APPROVAL OF AGENDA material that may have been submitted less than 72 hours before the meeting, is available B. PUBLIC COMMENTS for inspection on the District’s website (www.ebparks.org), 2:15 p.m. C. BUSINESS BEFORE THE BOARD the Administrative Building reception desk, and at the meeting. 1. CONSENT CALENDAR a. Approval of District Check Listing for the Period of Agendas for Board Committee June 16, 2014 to July 6, 2014 Meetings are available to the public upon request. If you wish (Auker/Doyle) (Resolution) (No Cost) to be placed on the mailing list b. Approval of the Minutes for the Board meeting of to receive future agendas for a June 17, 2014 specific Board Committee, (Pulido) (No Cost) please call the Clerk of the c. Approval of Out-of-State Travel for Director Whitney Board’s Office at (510) 544- 2020. Dotson to Attend the Rally 2014 - National Land Conservation Conference on September 18 – 20, 2014 District facilities and meetings in Providence, RI comply with the Americans (Pulido) (Resolution) (Budgeted Funds) with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting.

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d. Authorization to Hire Kristina Kelchner as Assistant District Counsel at Step E of Management Pay Range MG-07 (Victor/Beshears) (Resolution) (Budgeted Funds) e. Authorization to Accept the Bid for Asphalt Slurry Seal and Stripe: Del Valle Regional Park (Barrington/O’Connor) (Resolution) (Budgeted Funds) f. Authorization to Accept the Bid for Fiberized Micro Surfacing: Black Diamond Mines Regional Preserve and Briones Regional Park (Barrington/O’Connor) (Resolution) (Budgeted Funds) g. Approval of a Sole Source Contract with Phil Johnson Landscaping for Construction of Rock Garden Outcrops at the Botanic Garden: Tilden Regional Park (Ragatz/O’Connor) (Resolution) (Grant Funds) h. Authorization to Extend the Memorandum of Understanding with the Bay Area Quagga Mussel Consortium (Ragatz/O’Connor) (Resolution) (No Cost) i. Authorization to Purchase and Construct a Romtec Pre-Engineered Double Restroom Building: Roberts Regional Park (Barrington/O’Connor) (Resolution) (Budgeted Funds) j. Authorization to Purchase Two Ford F-150 Vehicles (McCrystle/O’Connor) (Resolution) (Budgeted Funds) k. Approval of a Memorandum of Understanding between the East Bay Regional Park District and Delta Science Center, Inc. for Use and Access of Big Break Regional Shoreline Park and Visitor Center (Kaiser/O’Connor) (Resolution) (No Cost) l. Authorization of a Mid-Year Change to the Skyline Ranch, Anthony Chabot Equestrian Center and Piedmont Stables Boarding Fee Schedules: Redwood and Anthony Chabot Regional Parks (Dort/O’Connor) (Resolution) (Revenue) m. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) n. Authorization to Grant a 10.64-acre Temporary Construction , Issue an Encroachment Permit and Grant a 4.57-acre Permanent Easement to Pacific Gas and Electric Company (PG&E) for the Placement, Operation and Maintenance of a Gas Transmission Line, and Accept and Appropriate Funds from PG&E: Delta Access Regional Recreation Area (Musbach/Nisbet) (Resolution) (Revenue) o. Authorization to Extend and Amend an Existing Lease Agreement with State Lands Commission and Transfer Funds: Point Pinole Regional Shoreline (Musbach/Nisbet) (Resolution) (Measure WW) p. Authorization to Transfer Funds; Enter into a Cooperative Funding Agreement with and Accept and Appropriate Matching Funds from Tri-Valley Conservancy; Award a Contract for Services to Wildscape Engineering Services for the Arroyo del Valle Trail Bridge Preliminary Engineering Study: Del Valle to Shadow Cliffs Regional Trail (Townsend/Nisbet) (Resolution) (Budget Change) q. Authorization to Award a Contract to BKF Engineers to Conduct a Feasibility and Conceptual Engineering Study for the Lone Tree Point Segment of the San Francisco Bay Trail at San Pablo Bay Regional Shoreline: San Francisco Bay Trail (Townsend/Nisbet) (Resolution) (Budgeted Funds)

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r. * Authorization to Grant a 33,317-Square Foot Recreational Trail Easement and 7,982-Square Foot Utility Easement to the City of Richmond: Miller/Knox Regional Shoreline (Musbach/Nisbet) (Resolution) (No Cost) * Pursuant to Public Resources Code Section 5540.5, this action requires unanimous approval of the Board of Directors s. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ending March 31, 2014 (Auker/Collins) (Resolution) (No Cost) t. Acceptance of the East Bay Regional Park District First Quarter 2014 General Fund Reports and Unaudited Financial Statements (Spaulding/Collins) (Resolution) (No Cost) u. Authorization to Transfer Funds and Award Contract to Sequoia Ecological Consulting to Provide Biological Permitting Support for the Implementation of the FEMA Fuel Reduction Project (Althoff/Graul) (Resolution) (Budget Change) v. Authorization to Amend Contract and Encumber Additional Funds for Sudden Oak Death Mapping and Risk Assessment (Althoff/Graul) (Resolution) (Budgeted Funds) w. Authorization to Amend the Contract, Transfer and Encumber Funds for Architectural Consulting Services for Public Safety Headquarters Study (Althoff/Collins) (Resolution) (Budget Change)

2:30 pm 2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. Authorization to Amend the 2014 Budget to Designate Dumbarton Quarry Tipping Fee Revenues for Use at Coyote Hills Regional Park and Appropriate Funds for Project Expenditures (Auker/Collins) (Resolution) (Budget Change)

3:00 p.m. 3. BOARD AND STAFF REPORTS a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)

3:10 p.m. 4. GENERAL MANAGER’S COMMENTS

3:30 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

3:35 p.m. 6. BOARD COMMITTEE MINUTES a. Executive Committee (07-10-2014) (Wieskamp) b. Finance Committee (06-25-2014) (Wieskamp)

3:45 p.m. 7. BOARD COMMENTS

4:00 p.m. D. ADJOURNMENT

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Page Left Blank Intentionally

6 CONSENT CALENDAR

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of June 16, 2014 Through July 6 , 2014 (Rubaloff/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of June 16, 2014 through July 6, 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.

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RESOLUTION NO.: 2014 – 08 –

August 12, 2014

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JUNE 16, 2014 THROUGH JULY 6, 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 16, 2014 through July 6, 2014;

Moved by Director , seconded by Director , and adopted this 12th day of August, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

8 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of June 17, 2014 (Pulido)

9 Unapproved Minutes Board Meeting of June 17, 2014

The Board Meeting, which was held on June 17, 2014 at the Big Break Visitor Center at the Delta in Oakley, CA was called to order at 5:00 p.m. by Board President Ayn Wieskamp.

ROLL CALL

Directors Present: Ayn Wieskamp, President Whitney Dotson, Vice President Doug Siden, Secretary Beverly Lane Carol Severin John Sutter

Directors Absent: Ted Radke, Treasurer

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, Ted Radosevich, Dave Collins, Jim O’Connor, Carol Victor, Liz Musbach, Bob Nisbet, Mona Koh, Jeff Rasmussen, Chris Barton, Nancy Kaiser, Anne Kassebaum, Erich Pfuehler, Tim Anderson, Aileen Theile, Sukari Beshears, Mike Moran, Tammy Mueller, Nancy Kaiser, Kevin Damstra.

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, Carol Severin, Doug Siden, Ayn Wieskamp, John Sutter, Ted Radke Directors Absent: None.

B. PUBLIC COMMENTS

President Wieskamp read a Welcome Letter received from Assemblyman Jim Frazier.

Diane Burgis, Oakley City Councilmember, welcomed the Board to the City of Oakley, and thanked the Board for the District’s projects in East County.

Sandra Meyers, Chairwoman of the Brentwood Parks and Recreation Commission, introduced Bruce Mulder, the new Brentwood Director of Parks. Mr. Mulder thanked the Board for partnering with the City.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

By motion of Director Lane and seconded by Director Siden, the Board voted unanimously to approve the Consent Calendar without items C-1-m and C-1-n which were pulled for separate consideration:

10 Unapproved Minutes Board Meeting of June 17, 2014

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

C-1-a. Approval of District Check Listing for the Period of May 5, 2014 to May 18, 2014 Resolution No. 2014 – 06 – 143 (attached)

C-1-b. Authorization to Negotiate with Various Property Owners Resolution No. 2014 – 06 – 144 (attached)

C-1-c. Authorization to Accept Renewal of Existing Insurance Programs Resolution No. 2014 – 06 – 145 (attached)

C-1-d. Authorization to Purchase Three Tractors and One Rotary Mower Resolution No. 2014 – 06 – 146 (attached)

C-1-e. Authorization to Amend the 2014 Budget and Appropriate Major Infrastructure Replacement and Renovation Funds to Stabilize the Water Treatment and Distribution Systems: Del Valle Regional Park Resolution No. 2014 – 06 – 147 (attached)

In response to a question from Director Lane, AGM for Operations Jim O’Connor stated that this is an interim action to allow the existing system to continue to operate until the design process for a new system is completed.

C-1-f. Acceptance of Bid for Repairs to Carquinez Strait – Eckley Pier Road Resolution No. 2014 – 06 – 148 (attached)

In response to a question from Director Sutter, GM Doyle confirmed that the repairs will be for the access to the small pier which is District-owned.

C-1-g. Resolution to Support Pending State Legislation AB 2193 (Gordon) – Restoration and Enhancement Act Resolution No. 2014 – 06 – 149 (attached)

C-1-h. Resolution to Support Pending State Legislation ACR 96 (Olsen R-Merced) – The 150th Anniversary of the California State Park System Resolution No. 2014 – 06 – 150 (attached)

C-1-i. Resolution to Support Pending State Legislation ACR 130 (Rendon D-Lakewood) – Parks Make Life Better Month! Resolution No. 2014 – 06 – 151 (attached)

C-1-j. Resolution to Support Pending Federal Legislation H.R. 188 (Kaptur) - 21st Century Civilian Conservation Corps Act Resolution No. 2014 – 06 – 152 (attached)

11 Unapproved Minutes Board Meeting of June 17, 2014 C-1-k. Resolution to Support Pending Federal Legislation H.R. 750 (Thompson) - Congressional Gold Medal for Stewart Lee Udall Resolution No. 2014 – 06 – 153 (attached)

C-1-l. Resolution to Support Pending Federal Legislation H.R. 956 (Kind) – Personal Health Investment Today (PHIT) Act of 2013 Resolution No. 2014 – 06 – 154 (attached)

C-1-o. Authorization for Budgetary Closure of Completed Projects and Related Amendments to the 2014 Budget Resolution No. 2014 – 06 – 155 (attached)

C-1-p. Approval of Appointment of Diane Burgis and Adele Ho to the Park Advisory Committee Resolution No. 2014 – 06 – 156 (attached)

C-1-q. Authorization to Contract for Youth Employment Services with Student Conservation Association Resolution No. 2014 – 06 – 157 (attached)

Items C-1-m and C-1-n were pulled from the Consent Calendar to allow Director Dotson to recuse himself due to the proximity of his residence to Point Pinole Regional Park.

By motion of Director Radke and seconded by Director Sutter, the Board voted unanimously to approve the items C-1-m and C-1-n:

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

C-1-m. Authorization to Appropriate Grant Funds and Accept the Bid for Construction of Breuner Marsh Restoration and Public Access Project – Phase I Grading: Pt. Pinole Regional Shoreline Resolution No. 2014 – 06 – 158 (attached)

C-1-n. Authorization to Amend Contract for Professional Services with Questa Engineering Corporation for the Breuner Marsh Restoration and Public Access Project: Point Pinole Regional Shoreline Resolution No. 2014 – 06 – 159 (attached)

Regarding item C-1-n, Directors Siden and Sutter asked if a new RFP would have been appropriate due to the increase in contract amount. District Counsel Ted Radosevich stated that after staff discussion and review, it was deemed appropriate to extend the contract with Questa Engineering, and that this is actually a continuation of the original RFP. It was also stated that Questa Engineering is the “engineer-of-record” and is familiar with the project.

12 Unapproved Minutes Board Meeting of June 17, 2014 2. FINANCE AND MANAGEMENT SERVICES DIVISION

C-2-a. PUBLIC HEARING

Approval of Engineer's Report for Fiscal Year 2014/2015, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment For East Contra Costa County Landscaping and Lighting Assessment District No. 1; Resolution No. 2014 – 06 – 160 (attached)

By motion of Director Radke and seconded by Director Lane, the Board voted unanimously to approve item C-2-a:

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

Adopt Resolution Regarding Protests Resolution No. 2014 – 06 – 161 (attached)

By motion of Director Siden and seconded by Director Severin, the Board voted unanimously to adopt the resolution regarding protests:

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

AGM for Finance and Management Services Dave Collins provided a brief presentation and spoke about the history on the East Contra Costa County Landscape and Lighting Assessment District, adding that the LLD began its first year of operation in 1992 with an annual assessment of $19.70 which has not changed. Mr. Collins stated that $701,527 in assessment revenues, disregarding delinquencies, is expected to be raised, with 2014 appropriations totaling $652,460.

Director Lane commented that not all costs incurred are funded by proceeds from the LLD.

President Wieskamp opened the Public Hearing; there being no one to comment, the Public Hearing was subsequently closed.

Director Sutter commented that he hoped the public recognizes that the LLD proceeds will not be enough to cover the expenses, especially given the expansion of the District in the area. The amount of $19.70 assessment was based on conditions 20 years ago. An example is the soon-to-be acquired Roddy Ranch wherein the estimate is $160,000 per year just to manage it as a land-banked area. He hoped that there would be a mechanism whereby the District can source increased funding.

Director Lane added that District staff should discuss with County officials the need for them to facilitate getting funds from areas being served but not covered by any assessment.

13 Unapproved Minutes Board Meeting of June 17, 2014

3. LAND DIVISION

C-3-a. Authorization to Exercise the Option, Purchase and Sale Agreement (“Agreement”) and Accept, Appropriate and Transfer Funds for the Acquisition in Partnership with the East Contra Costa Habitat Conservancy of 1,885.2+ acres of from Roddy Owner, LLC: Deer Valley Regional Park Resolution No. 2014 – 06 – 162 (attached)

By motion of Director Radke and seconded by Director Siden, the Board voted unanimously to approve item C-3-a:

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

AGM for Land Division Bob Nisbet provided a brief presentation on this item with a map describing the land, and explaining the funding details as follows:

Acreage: 1,885.2 ± acres Purchase Price: $ 14,245,000 Closing Date: July 23, 2014

• Fulfills Commitment of Master Plan and Measure WW • Allows for a Major Regional Trail Connection between Black Diamond Mines and Round Valley • Preserves a Corridor for Several Endangered/ • Creation of New Park: Deer Valley Regional Park…A Park that can strike a perfect balance between Public Access, Recreation, Conservation, and Education

Funding: ECCCHC/WCB/Section 6 Federal $ 4,841,875 (33.4%) ECCCHC/WCB/Prop 84 State 4,841,875 (33.4%) Moore Foundation Grant 1,000,000 (6.9%) EBRPD Measure WW/Morgan Territory 1,064,083 (7.4%) Round Valley 1,064,083 (7.4%) Delta Access 1,064,084 (7.4%) Designated for Land Fund 600,000 (4.1%) Total Funding $ 14,476,000

Other Costs: Appraisal, Environmental, Staff Time and Title Fees $ 79,500 Safety and Security Funds 151,500 Total Other Acquisition Costs $ 231,000 (1.6%)

Abigail Fateman, Director of Land Restoration Programs of ECCC HCP, stated that they have found a wealth of rare plants in the area. From the conservancy perspective, they are excited about the habitat corridor, diversity of grassland, oak woodland, and chaparral.

14 Unapproved Minutes Board Meeting of June 17, 2014

Seth Adams, Land Conservation Director of Save Mount Diablo thanked the Board, staff and the ECCC HCP for their work on the acquisitions in the area.

The Board expressed their appreciation of the longtime commitment of Director Radke to the area, the Conservancy, Save Mount Diablo, and the Roddy family.

Director Radke stated that the Roddy acquisition was made possible because it was not broken up into smaller parcels.

4. BOARD AND STAFF REPORTS

General Manager Robert Doyle reported on the items listed on the staff report.

5. GENERAL MANAGER’S COMMENTS

GM Doyle discussed those activities listed from the Public Safety Division, stating that it is starting to get busy at the parks. GM Doyle also stated that staff is looking at increasing the pace of hiring for officers. In response to a question from Director Sutter regarding the possibility of contracting with other agencies for police services, AGM for Public Safety and Police Chief Tim Anderson stated that while they have not considered that option, it is unlikely that other agencies will have the capacity to provide such a service since they are currently undergoing staff reductions well due to pension reform. As an example, Chief Anderson stated that the Alameda County Sheriff’s Department could lose up to 400 deputies within the next four months.

AGM for Operations Jim O’Connor updated the Board on the water situation at Del Valle Regional Park, stating that water will be drawn down this week, with increasing impacts to recreation as the water levels drop. He foresees that swimming will be ending at Del Valle by the end of next month. Another lake of concern is Shadow Cliffs, where the pumping system from Cemex next to it is not working. Zone 7 has also requested that all entities drawing from the Arroyo Del Valle stop drawing water from it. He expects the marina will be closed in about three weeks. He added that Quarry Lakes is a little better at this time compared to last year. GM Doyle indicated that staff will be providing an update to the Legislative Committee on ABAG’s priority conservation areas.

Director Lane suggested that signs or handouts be provided to patrons of Del Valle and Shadow Cliffs to advertise Quarry Lakes as an alternative. She also asked that more information be added to the District’s website on this issue as well.

6. ANNOUNCEMENTS FROM THE CLOSED SESSION

There were no announcements from the Closed Session.

7. BOARD COMMITTEE REPORTS

a. Alameda County/EBRPD Liaison Committee b. LARPD/EBRPD Liaison Committee

8. BOARD COMMENTS

Directors Dotson, Radke and Severin did not report on meetings attended.

15 Unapproved Minutes Board Meeting of June 17, 2014 Director Lane reported on meetings attended. Director Lane  Attended the reception for Bart O’Brien, the new Supervisor for the Botanic Garden;  Visited the Tilden Nature Area/EEC for its soft opening;  Attended the Regional Parks Association meeting at the Trudeau Center;  Commented that the Big Break Visitor Center looked great and thanked staff for their work;  Announced that County Flood Control is setting up a special conference/meeting on July 21st with Cong. Thompson in recognition of the success of the Water Bill.

Director Siden reported on meetings attended. Director Siden  Thanked Big Break Visitor Center staff;  Attended the San Leandro City Council meeting and spoke about the Citizen’s Initiative in Alameda to preserve the government surplus land near Crab Cove as open space;  Attended the ceremony at Public Safety to dedicate the monument to honor the District pilot who was killed in an accident 40 years ago;  Attended the East Bay EDA meeting;  Alameda County Mayors Conference in Piedmont;  Attended the birthday event for Supervisor Nate Miley;  Announced the start of the 15th season of Concerts at the Cove, with about 2,500 in attendance;  Attended the MLK, Jr. Rally Committee meeting to prepare for next year’s event;  Attended the San Leandro Creek Alliance meeting;  Attended retirement event for CFO Cinde Rubaloff, then the meeting of San Lorenzo Heritage Society.

Director Sutter reported on meetings attended. Director Sutter  Complimented the BBVC staff on the new interactive exhibits, hoped it can be done at other centers;  Thanked Director Radke for his work, stating that without it Big Break will not be in existence;  Spoke before the Rossmoor Rotary Club about EBRPD  Attended the HARD/EBRPD joint meeting;  Attended the Board’s Capital Trails Maintenance Workshop;  Stated that although he wanted the Lucas Museum to be located in Gateway Park, it appears that Chicago is being considered instead;  Will be attending a meeting of the SF Bay Restoration Authority to decide on whether they will submit a ballot measure for the November 2014 elections.

Director Wieskamp reported on meetings attended. Director Wieskamp  Attended the interviews conducted for the new CFO/Controller;  Attended the meeting of the Regional Parks Association at the Trudeau Center;  Attended the first Annual Cowgirl Luncheon;  Attended the Elected Women’s Luncheon;  Toured Shadow Cliffs with Supervisor Wayne Gilfillan;  Would like a tour of the parks on July 4 with Public Safety.

D. ADJOURNMENT

President Wieskamp adjourned the meeting at 8:25 pm.

Respectfully submitted:

Allen Pulido Clerk of the Board

16 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Approval of Out-of-State Travel for Director Whitney Dotson to Attend the Rally 2014 - National Land Conservation Conference on September 18 – 20, 2014 in Providence, RI (Pulido)

RECOMMENDATION

It is recommended that the Board of Directors approve out-of-state travel for Director Whitney Dotson to attend the Rally 2014 – National Land Conservation Conference to be held on September 18 - 20, 2014 in Providence, Rhode Island.

REVENUE/COST

Funding for this travel is available in existing departmental budgets.

BACKGROUND

The Rally 2014 – National Land Conservation Conference is the largest land conservation conference in the county attended by more than 1,800 professionals, staff, volunteers and agencies from all 50 states, Canada, South America and other countries. It is an annual conference that provides District attendees an opportunity to meet and learn with others in the land trust community, attend educational sessions and keep updated and discuss various conservation issues of interest to the District.

ALTERNATIVES

No alternatives are recommended.

17 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 –

August 12, 2014

APPROVAL OF OUT-OF-STATE TRAVEL FOR DIRECTOR WHITNEY DOTSON TO ATTEND THE RALLY 2014 - NATIONAL LAND CONSERVATION CONFERENCE ON SEPTEMBER 18 – 20, 2014 IN PROVIDENCE, RI

WHEREAS, the Rally 2014 – National Land Conservation Conference is being held on September 18 - 20, 2014 in Providence, Rhode Island; and

WHEREAS, attendance at this event provides District attendees an opportunity to meet and learn and be updated with others in the land trust community, attend educational sessions and discuss various conservation issues of interest to the District;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approve out-of-state travel for Director Whitney Dotson to attend the Rally 2014 – National Land Conservation Conference in Providence, RI with funding available in existing departmental budget; 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 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

18 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Hire Kristina Kelchner as Assistant District Counsel at Step E of Management Pay Range MG-07 (Victor/Beshears)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize hiring Kristina Kelchner to the position of Assistant District Counsel at Step E of Management Pay Range MG- 07.

REVENUE/COST

Funding for the Assistant District Counsel position is currently budgeted in the 2014 Budget, and will be included in the 2015 Budget.

BACKGROUND

Section 6.01 (B) of the Personnel Administrative Manual authorizes the Board of Directors to approve entry of a new hire at any step beyond Step C of a salary range.

Based on the results of the recent recruitment for this position, Ms. Kelchner is the best- qualified of the first pool candidates. Ms. Kelchner has many years of increasing levels of legal experience and expertise in practice areas relevant to the District, both in the private sector and public sector. Her prior work experience includes advising municipal and developer clients in complex , real estate, and environmental matters. Her expertise includes drafting and negotiating ; preparing EIRs; and advising clients on contracts, real property law, the Brown Act, and the Public Records Act. For the last four years, Ms. Kelchner has been “Of Counsel” with the law firm of Holland & Knight LLP in San Francisco. The broad range of legal background and skills make Ms. Kelchner an excellent candidate for this position.

Step E is equal to an annual salary of $143,499.24.

ALTERNATIVES

None are recommended.

19 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO HIRE KRISTINA KELCHNER AS ASSISTANT DISTRICT COUNSEL AT STEP E OF MANAGEMENT PAY RANGE MG-07

WHEREAS, the District has been seeking a qualified candidate to fill the Assistant District Counsel position; and

WHEREAS, the District conducted a recruitment and assessment of candidates for the Assistant District Counsel position; and

WHEREAS, the General Manager recommends the District authorize hiring Kristina Kelchner at Step E of Management Pay Range MG-07;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize hiring Kristina Kelchner to the position of Assistant District Counsel at Step E of Management Pay Range MG-07; 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 approved this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

20 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Accept the Bid for Asphalt Slurry Seal and Stripe: Del Valle Regional Park (Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors accept the bid from Graham Contractors of San Jose, California to slurry seal and stripe the asphalted areas of three campground phases and five parking lots at Del Valle Regional Park.

REVENUE/COST

The Board appropriated funding for the purpose of maintaining and preserving the District’s network of asphalt paved roads, regional trails, and parking areas. The funding source is from Project #520700 (Paving Roads & Trails District Wide):

SOURCE OF FUNDS From: Project OTA# 520700 Account 336-5940-000-6444 Available Balance $1,883,816

PROPOSED ENCUMBRANCE: Graham Contractors Bid Price $ 192,950 Contingency 20,000 Total Encumbrance $ 212,950

BACKGROUND

The Board of Directors and staff are committed to preserving and maintaining the District’s existing infrastructure. An important component of this infrastructure is the District’s network of paved roads, trails, and parking lots. This project will repair five (5) parking lots and all asphalt within three (3) phases of the campground. The PCI of the project area will increase from 60 to approximately 85 after repairs are completed.

The Notice to Bidders was published on July 1, 2014 in the Daily Pacific Builder. Seven firms purchased bid documents and four firms submitted bids on Thursday, July 17, 2014 as follows:

21 PLANHOLDER BASE BID TOTAL Graham Contractors San Jose, CA $192,950 Bond Black Top Union City, CA $193,966 American Asphalt Hayward, CA $199,148 Valley Slurry Seal International West Sacramento, CA $216,950

Staff’s cost estimate for this project was $230,000-$250,000

The bid submitted by Graham Contractors of San Jose, California met the specifications and conditions for the project; therefore, Graham Contractors is the lowest responsible bidder.

ALTERNATIVES

None are recommended.

22 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO ACCEPT THE BID FOR ASPHALT SLURRY SEAL AND STRIPE: DEL VALLE REGIONAL PARK

WHEREAS, the District has included funding in its 2014 Budget for the purpose of managing, maintaining, and preserving the District’s pavement infrastructure; and

WHEREAS, the asphalt areas of the campgrounds as well as all parking lots at Del Valle Regional Park are included in the ongoing District-wide Pavement Maintenance and Preservation Program (PMPP); and

WHEREAS, funds are available in the project account #520700 (Paving Roads & Trails District Wide); and

WHEREAS, requests for bids to slurry seal and stripe all asphalt within three campgrounds and five parking lots at Del Valle Regional Park were solicited and received from four qualified firms, and Graham Contractors of San Jose, California is the lowest responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract for services to Graham Contractors for a total not to exceed $212,950 to be encumbered from Account 336-5940- 203-6444-520700-372; 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 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

23

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24

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Accept the Bid for Fiberized Micro Surfacing: Black Diamond Mines Regional Preserve and Briones Regional Park (Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors accept the bid from Valley Slurry Seal International of Sacramento, California for asphalt repairs (Fiberized Micro Surfacing) to Black Diamond Somersville Road and Briones Alhambra Creek Staging Road.

REVENUE/COST

The Board appropriated funding for the purpose of maintaining and preserving the District’s network of asphalt paved roads, regional trails, and parking areas. The funding source is from project # 520700 (Paving Roads & Trails District Wide).

SOURCE OF FUNDS From: Project # 520700 Account 336-5940-000-6444 Available Balance $ 1,670,866

PROPOSED ENCUMBRANCE: Valley Slurry Seal Base Bid Price $ 168,180 Contingency 25,000 Total Encumbrance $ 193,180

BACKGROUND

The Board of Directors and staff are committed to preserving and maintaining the District’s existing infrastructure. An important component of this infrastructure is the District’s network of paved roads, trails, and parking lots. This project will repair 1.8 miles of the Somersville Road entrance (PCI 18) to Black Diamond Mines Regional Preserve and about 0.75 mile of the road leading to the Alhambra Creek Staging Area beginning at Reliez Valley Road (PCI 2) at Briones Regional Park. This will increase the PCI of the affected project areas to a rating of approximately 70 after repairs are completed. This project will be funded by District-wide Pavement Maintenance and Preservation Program (PMPP).

25

The Notice to Bidders was published on June 10, 2014 in the Daily Pacific Builder. Three firms purchased bid documents and two firms submitted bids on Thursday, June 26, 2014 as follows:

PLANHOLDER BASE BID TOTAL Valley Slurry Seal International West Sacramento, CA $168,180 California Paving Maintenance Sacramento, CA $237,515

Staff’s cost estimate for this project was $225,000-$245,000

The bid submitted by Valley Slurry Seal International of West Sacramento, California, met the specifications and conditions for the project; therefore, Valley Slurry Seal International is the lowest responsible bidder.

ALTERNATIVES

None are recommended.

26

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO ACCEPT THE BID FOR FIBERIZED MICRO SURFACING: BLACK DIAMOND REGIONAL PRESERVE AND BRIONES REGIONAL PARK

WHEREAS, the District has included funding in its 2014 Budget for the purpose of managing, maintaining, and preserving the District’s pavement infrastructure; and

WHEREAS, funds are available in the project account 520700 (Paving Roads & Trails District Wide); and

WHEREAS, requests for bids for fiberized micro surfacing/asphalt repairs at Black Diamond Mines Regional Preserve and Briones Regional Park were solicited and received from two qualified firms; and

WHEREAS, Valley Slurry Seal International of West Sacramento, California, is the lowest responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract for services to Valley Slurry Seal International for a total not to exceed $193,180 to be encumbered from Account 336-5940- 000-6444-520700-372; 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 , second by Director , and adopted this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

27

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28 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Amend the 2014 Budget, Appropriate Funds and the Approval of a Sole Source Contract with Phil Johnson Landscaping for Construction of Rock Garden Outcrops at the Botanic Garden: Tilden Regional Park (Ragatz/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the amendment of the 2014 budget to appropriate funds and approve a sole-source contract with Phil Johnson Landscaping of Walnut Creek, California for the construction of naturalistic rock garden outcrops at the Botanic Garden, Tilden Regional Park.

REVENUE/COST

Funding for a new project will be provided via the Regional Parks Foundation. The Foundation has agreed to forward a $90,000 donation received from the Bonita Garden Club and fund the remainder from other donations collected and held for the benefit of the Botanic Garden.

BUDGET APPROPRIATION: OTA Fund-Parklands Unit-Botanic Garden-Maintenance Contracts 336-5121-149-6444/511000LFP1 (Build Rock Garden) $93,500

PROPOSED ENCUMBRANCE: Materials and Installation $85,000 Construction Contingency 8,500 Total Encumbrance $93,500

BACKGROUND

After consultation with Botanic Garden staff, the Bonita Garden Club of Piedmont has given the Botanic Garden a gift of funds to create three new large naturalistic rock garden outcrops in three different parts of the Garden’s Southern California collection area. Phil Johnson is a well-known and respected creator of site specific naturalistic rock outcrops that facilitate the growing of a wide range of unusual and difficult to grow plants. In 2008, he created the rock garden and outcrops immediately adjacent to the largest of the proposed new outcrops. All of the new work under this contract will be constructed to match this existing rock work (in Bed numbers 10 and 11). These

29 renovated garden beds will enable the Botanic Garden to grow and display a wider array of Southern California native plants than is currently possible.

Since the largest component of this project is directly connected to, and is designed as a continuation of, Phil Johnson’s 2008 work in the Botanic Garden, he is the best qualified contractor to undertake this project. His hiring will assure continuity of design intent, workmanship, and materials. Mr. Johnson is willing and able to work with Botanic Garden staff to accomplish these projects within budget and time constraints. Staff at the Botanic Garden found him very easy to work with and extremely conscientious about carefully working around our irreplaceable plant collections. He has repeatedly demonstrated his ingenuity and creativity in working in difficult conditions. District Counsel has reviewed this contract and approves the sole source designation.

ALTERNATIVES

The Board could choose not to authorize the creation and installation of the specified naturalistic rock garden outcrops under a sole-source agreement with Phil Johnson Landscaping. However, this would require re-designing the project which would delay its creation and the installation of new plantings for at least a year, and is therefore not recommended.

30 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION TO AMEND THE 2014 BUDGET, APPROPRIATE FUNDS AND THE APPROVAL OF A SOLE SOURCE CONTRACT WITH PHIL JOHNSON LANDSCAPING FOR CONSTRUCTION OF ROCK GARDEN OUTCROPS AT THE BOTANIC GARDEN: TILDEN REGIONAL PARK

WHEREAS, the East Bay Regional Park District desires to renovate three areas of the Botanic Garden with newly constructed naturalistic rock garden outcrops to expand the Botanic Garden’s ability to grow and display California native plants; and

WHEREAS, the District, through the Botanic Garden’s Friends, has received an $90,000 gift of funds from the Bonita Garden Club of Piedmont to accomplish this project; and

WHEREAS, Phil Johnson Landscaping has constructed numerous highly regarded and successful naturalistic rock garden outcrops in both public and private gardens in the Bay Area and successfully and expeditiously constructed the adjacent naturalistic rock garden outcrops (in 2008) to the largest part of this currently proposed project; and

WHEREAS, the currently proposed project’s naturalistic rock garden outcrops are conceived and designed to be a continuation of this earlier work and are prominently located near the entry to the Botanic Garden; and

WHEREAS, District Counsel has reviewed this contract and approved its sole source designation;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approve the sole source contract with Phil Johnson Landscaping for the construction of naturalistic rock garden outcrops for $85,000 and an $8,500 construction contingency for a total of $93,500, to be encumbered from account 336-5121-149-6444/511000 LFP1 per the attached Budget Change form; and

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

Moved by Director , and seconded by Director , and approved this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

31 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Fund Sources X New Revenues Between Projects DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Revenue: OTA Fund- Parklands Unit-Botanic Garden- Foundation Revenue/Build Rock Garden

336-5121-149-3840/511000LFP1-601 $ 93,500 Account Name: Expense: OTA Fund- Parklands Unit-Botanic Garden- Foundation Revenue/Build Rock Garden

336-5110-149-6191/511000LFP1-372 $ 93,500 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on August 12, 2014, the General Manager recommends that the Board of Directors accept and appropriate a $90,000 donation from the Bonita Garden Club via the Regional Parks Foundation and the appropriation of $8,500 from the Regional Parks Foundation account held for Botanic Garden donations to fund a $93,500 encumbrance for a sole source construction of naturalistic rock outcrops at the Botanic Garden. As approved at the Board of Directors Meeting on date: 8/12/2014 Board of Directors Resolution Number: 2014-08- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2014\14 - Aug 12\8-2014-August 12\Accept Donation for Botanic Rock Garden.xlsx

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

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Extend the Memorandum of Understanding with the Bay Area Quagga Mussel Consortium (Ragatz/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a five-year extension of the Memorandum of Understanding (MOU) with the Bay Area Quagga Mussel Consortium (Consortium).

REVENUE/COST

A new law went in effect on January 1, 2014 in the State of California whereby the California Department of Motor Vehicles (DMV) will collect mussel fees via vessel registration renewals. The DMV will deposit the fees collected in a Department of Boating and Waterways (DBW) revolving fund. As a member of the Consortium, the District will share in a yet to be determined portion of these funds. There is no cost associated with the extension of the Consortium MOU.

BACKGROUND

The District entered into a Memorandum of Understanding with the Bay Area Quagga Mussel Consortium in March 2010. Prior to the MOU, the District cooperated with a number of agencies regarding prevention of invasive zebra mussels (Dreissena polymorphia) entering into District lakes through cost-sharing agreements. Joining the Consortium provided a more coordinated and regional approach to the quagga and zebra mussel issue and increased the effectiveness of the District’s program. Since funding from California Department of Fish and Game (CDFG) grants came to the Consortium, the District needed to be a formal member of the Consortium to receive that funding; CDFG funding has been used to continue the District’s program to meet the goals of the Consortium as well as reduce current out of pocket operating costs. The Consortium also lobbied at the State and federal levels for additional funding and was instrumental in helping the new law to get passed. The Consortium also facilitated the development of consistent inspection procedures and shared database of inspection failures among participating members that has

33 enabled agencies to implement cooperative or reciprocal banding programs that reduce inspection time and ultimately improve customer service to the boating public.

Members of the Consortium wish to extend the MOU for another five years. The District, as a member of the Consortium, will receive priority over non-members in consideration of grant funding.

ALTERNATIVES

None are recommended.

34 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO EXTEND THE MEMORANDUM OF UNDERSTANDING WITH THE BAY AREA QUAGGA MUSSEL CONSORTIUM

WHEREAS, in 2008 the East Bay Regional Park District instituted a Quagga/Zebra Mussel Program for boat inspections to reduce the risk of translocation of mussels into District reservoirs; and

WHEREAS, the District entered into a Memorandum of Understanding agreement with the Bay Area Quagga Mussel Consortium in March 2010 to provide a more coordinated, regional approach to the quagga and zebra mussel issue; and

WHEREAS, members of the Consortium will receive grant funding priority over non- members; and

WHEREAS, grant funding will reduce current out-of-pocket operating costs; and

WHEREAS, members of the Consortium wish to extend the MOU for another five years;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to extend the 2010 Memorandum of Understanding with the Bay Area Quagga Mussel Consortium; 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 and appropriate to accomplish the intentions of this resolution.

Moved by Director , seconded by Director , and adopted this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

35

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36 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Purchase and Construct a Romtec Pre-Engineered Double Restroom Building: Roberts Regional Park (Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase and construction of a Romtec Pre-Engineered Double Plumbed Restroom Building from Romtec, Inc. of Roseburg, Oregon for a total cost of $71,905.

REVENUE/COST

The Board of Directors have allocated funds from the 2014 Major Maintenance budget for the purpose of making repairs to existing structures under the Major Maintenance Program.

SOURCE OF FUNDS

Available in account # 101-5915-000-6444 $ 190,214.29 Proposed Encumbrance 71,905.00 Balance Remaining $ 118,309.29

BACKGROUND

District staff has determined that the original metal restroom built in the 1940s has significant structural damage, is not ADA-compliant and beyond reasonable repair. Staff recommends replacement in-kind with a pre-engineered Romtec CMU block restroom building with cedar siding and a metal roof. The new restroom building will have two single use restrooms that are ADA-compliant. The new restroom buildings will be an improvement both aesthetically and functionally, and will better serve the public for decades to come.

37

The Romtec Pre-Engineered Restroom Building and Construction services are available for purchase from Romtec, Inc. by means of California Multiple Award Schedules (CMAS). CMAS offer a variety of commodities and services at prices that have been assessed to be fair, reasonable and competitive. Orders placed against the Multiple Award Schedule are considered to be issued using fair and open competition. Therefore, ordering offices need not seek further competition or make separate determination of fair and reasonable pricing. The use of these contracts is available to California State and Local Government Agencies.

ALTERNATIVES

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

38

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION TO PURCHASE AND COSTRUCT ROMTEC PRE-ENGINEERED DOUBLE RESTROOM BUILDING: ROBERTS REGIONAL PARK

WHEREAS, the District has included funding in its 2014 Major Maintenance budget for the purpose of making repairs to existing structures under the Major Maintenance Program; and

WHEREAS, the original metal restroom at Roberts Regional Park was built in the 1940s and is in need of significant structural repair; and

WHEREAS, the District has received a bid for the restroom replacement from Romtec, Inc. of Roseburg, Oregon; and

WHEREAS, Romtec, Inc. of Roseburg, Oregon is a recognized vendor offering suitable pre-engineered double restroom building based on the results of competitive pricing through California Multiple Award Schedules;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase and construction of a Romtec pre- engineered double restroom building from Romtec, Inc. of Roseburg, Oregon for a total cost of $71,905 with said sum to be encumbered from 2014 Major Maintenance budget account No. 101-5915-000-6444; 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 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

39

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40 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Purchase Two Ford F-150 Vehicles (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of two Ford F-150 vehicles from Wondries Fleet Group of Alhambra, California at a total cost of $36,906.

REVENUE/COST

For the purposes of replacing fleet vehicles, funds have been allocated in the District’s 2014 Budget, Account 101-5933-000-5375 (Rolling Stock <$25K).

PROPOSED ENCUMBRANCE: Base Price $ 33,289 Fees & Delivery 787 Sales 2,830 Total Encumbrance $ 36,906

BACKGROUND

The new Ford F150 pick-up trucks will replace District vehicles which are being retired due to high mileage and declining condition.

M.L.K Shoreline #2920 2003 Pick-up, Chevrolet S-10, 2WD Quarry Lakes #2851 2001 Pick-up, Ford Ranger, 2WD

The new Ford vehicles are available for purchase directly from Wondries Fleet Group by means of 2014 pricing established by the State of California, General Services Procurement Division, Contract #1-14-23-20E. The pricing is the result of a competitive bid process and open to all state governmental entities and educational institutions. Public agencies electing to use this method of vehicle acquisition avoid the administrative costs of seeking formal bids.

ALTERNATIVES

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

41

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION TO PURCHASE TWO FORD F-150 VEHICLES

WHEREAS, the District has included funding in its 2014 Budget for the purchase of new rolling stock; and

WHEREAS, Wondries Fleet Group of Alhambra, California is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract #1-14-23-20E;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of two Ford F-150 vehicles for a total cost of $36,906, with said sum to be encumbered from the 2014 Budget, Account 101-5933- 000-5375 (Rolling Stock <$25K); 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 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

42 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Approval of a Memorandum of Understanding between East Bay Regional Park District and Delta Science Center, Inc. for Use and Access of Big Break Regional Shoreline Park and Visitor Center (Kaiser/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors approve a two-year Memorandum of Understanding between the East Bay Regional Park District and the Delta Science Center, Inc. for use and access of Big Break Regional Shoreline Park and Visitor Center

REVENUE/COST

The Memorandum of Understanding addresses the provision of environmental education programs by the Delta Science Center, Inc. There is no direct cost or revenue to the District.

BACKGROUND

Big Break Regional Shoreline Park and the Big Break Visitor Center at the Delta have been developed over multiple phases for many years, beginning in the 1990’s. In 1994 the District created a coordinating council for a Delta Science Center, which has transitioned into a regional nonprofit organization known as Delta Science Center, Inc. (DSC). DSC provides environmental education programs and citizen science projects locally at schools, as well as in parks and open space connected with the Delta. This nonprofit organization has a close relationship with Big Break Regional Shoreline Park; it is connected to the legacy of the park and enjoys the support of numerous volunteers.

The leaders and volunteers from Delta Science Center, Inc. assisted in obtaining State grant funds to develop the park. They are highly interested in providing educational programs for children and families that complement the programs and services offered by the District, as well as develop programs that the District may not be able to provide.

The proposed Memorandum of Understanding provides for the use of the park and facilities by the Delta Science Center, Inc. solely for environmental education activities related to the operation and purposes of the nonprofit organization. Working within the guidelines for park

43 and facility use, DSC may use the classroom for organizational meetings, the park for science programs, and the science lab in collaboration with District staff. The Memorandum of Understanding also provides for regular meetings between District staff and the Delta Science Center, Inc. leadership to plan and prepare for program use.

The term of the Memorandum of Understanding will be for a period of two years and may be renewed for an additional three years upon approval by the District’s Board of Directors. Additionally, the Memorandum of Understanding outlines the procedures for using the park and visitor center, which calls for a calendar of proposed programs by DSC to be submitted six months in advance. This advance planning will ensure that there is no duplication in programs or services, and the District’s programs take precedence.

If Delta Science Center, Inc. plans and implements programs in other regional parks, then DSC will be responsible for obtaining a Special Use Permit through the regular District process. Also, the Memorandum of Understanding proposes to have DSC provide reports and presentations to the Board Operations Committee on a regular basis in order to review the partnership, and change as needed to meet the goals of East Bay Regional Park District.

ALTERNATIVES

The Board of Directors could decide to not approve the Memorandum of Understanding. East Bay Regional Park District played an instrumental role in the creation of Delta Science Center, Inc. and having the nonprofit involved with the park and programs is one of the original goals of the partnership. Therefore, this alternative is not recommended.

44 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE EAST BAY REGIONAL PARK DISTRICT AND THE DELTA SCIENCE CENTER, INC. FOR USE AND ACCESS OF BIG BREAK REGIONAL SHORELINE PARK AND VISITOR CENTER

WHEREAS, East Bay Regional Park District and Delta Science Center, Inc. share a mutual interest in promoting the natural and cultural history, and environmental stewardship of the California Delta; and

WHEREAS, East Bay Regional Park District and Delta Science Center, Inc. jointly participated in the successful effort to obtain state funding grants to develop Big Break Regional Shoreline Park; and

WHEREAS, Delta Science Center, Inc. wishes to arrange for the provision of environmental education programs and citizen science projects that complement school and public programs; and

WHEREAS, the District is agreeable to the use and access of the park and facilities by Delta Science Center, Inc. for primary and secondary school education, outdoor classroom scientific study, and public environmental stewardship programs;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a Memorandum of Understanding between the District and Delta Science Center, Inc. for use and access of Big Break Regional Shoreline Park and Visitor Center for a period of two years, with an option to extend for an additional three years with Board approval; 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 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT

45

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46 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

l. Authorization of a Mid-Year Adjustment to the Skyline Ranch, Anthony Chabot Equestrian Center and Piedmont Stables Boarding Fee Schedules: Anthony Chabot and Redwood Regional Parks (Dort/O’Connor)

RECOMMENDATION

The General Manager and the Board Operations Committee (by unanimous vote at its July 17, 2014 meeting) recommend that the Board of Directors authorize a mid-year adjustment to the Fee Schedule to increase the boarding fee at Skyline Ranch and Anthony Chabot Equestrian Center in Anthony Chabot Regional Park and Piedmont Stables in Redwood Regional Park.

REVENUE/COST

The District would receive up to an additional $2,500 annually in concession fees. There would be no cost to the District.

BACKGROUND

The Board Operation Committee reviews the District’s Fee Schedule each year. During this review process, concessionaires and staff make recommendations for changes based on price comparisons of similar facilities operated by other agencies in the area. Due to the extraordinary increase in the price of hay this year, barn managers at Skyline Ranch, Anthony Chabot Equestrian Center and Piedmont Stables are requesting a mid-year fee change to increase monthly boarding fees by $30 per stall.

Boarding fee comparisons at similar barns in the Bay Area suggest increasing boarding fees by $30 would place these three facilities at or below current boarding fees at like facilities. This price increase is not expected to reduce demand for boarding services at these locations.

ALTERNATIVES

None are recommended.

47 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION OF A MID-YEAR ADJUSTMENT TO THE SKYLINE RANCH, ANTHONY CHABOT EQUESTRIAN CENTER AND PIEDMONT STABLES BOARDING FEE SCHEDULES: ANTHONY CHABOT REGIONAL PARK AND REDWOOD REGIONAL PARK

WHEREAS, due to the extraordinary increase in the price of hay, barn managers at Skyline Ranch, Anthony Chabot Equestrian Center and Piedmont Stables are requesting a mid-year fee adjustment to increase monthly boarding fees by $30 per stall; and

WHEREAS, boarding fee comparisons at similar barns in the Bay Area show that existing boarding fees are consistent with or below other local area boarding fees; and

WHEREAS, this fee increase is not expected to reduce demand for boarding services at these locations; and

WHEREAS, the Board Operations Committee voted unanimously its July 17, 2014 meeting to recommend the increase to the Board of Directors;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes an adjustment to the Fee Schedule to increase the monthly boarding fees at Skyline Ranch, Anthony Chabot Equestrian Center and Piedmont Stables by $30, with revenue to the District expected to increase by $2,500 annually and budgeted to Anthony Chabot and Redwood Regional Park Accounts 101-5121-112-3651 and 101-5121-175-3651, respectively; 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 the resolution.

Moved by Director , seconded by Director , and adopted this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

48 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 015-180-009 and 015-180-011 East Bay Regional Park Delta Access Regional 5301 Orwood Road, District/Contra Costa Recreation Area Brentwood County 211-230-014-6 Wiedemann Ranch, Inc. Bishop Ranch Open 1095 Hawkshead Circle, Space Regional Preserve San Ramon

REVENUE/COST

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

BACKGROUND

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

ALTERNATIVES

No alternatives are recommended.

49 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS

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

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

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on August 12, 2014; and

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 015-180-009 and 015-180-011 East Bay Regional Park Delta Access Regional 5301 Orwood Road, District/Contra Costa Recreation Area Brentwood County 211-230-014-6 Wiedemann Ranch, Inc. Bishop Ranch Open 1095 Hawkshead Circle, Space Regional Preserve San Ramon

Moved by Director , and seconded by Director and adopted this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

50 Environmental Programs & GIS Applications AUTHORIZATION TO NEGOTIATE t:\bstone\mxd projects\A2N\ A2N-August-12-2014.mxd Date: August 12, 2014

Carquinez Strait

0 8 I-

Hw y 4 Concord

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6 Richmond - I-580 I Walnut Creek

Hwy 24 Berkeley MT. DIABLO STATE PARK

I - 8

0

I-80

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I - 6 8 STA 0 CO TRA CON EDA ALAM

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0 5 Miles

CONTRA COSTA COUNTY Park/Trail: Delta Access Regional Recreation Area Owner: East Bay Regional Park District/Contra Costa County APN: 015-180-009 & 015-180-011 5301 Orwood Road, Brentwood, CA Location:

Park/Trail: Bishop Ranch Open Space Regional Preserve Owner: Wiedeman Ranch, Inc. APN: 211-230-014-6 Location: 1095 Hawkshead Circle, San Ramon, CA

51

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52 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Authorization to Grant a 10.64-acre Temporary Construction Easement, Issue an Encroachment Permit and Grant a 4.57-acre Permanent Easement to Pacific Gas and Electric Company (PG&E) for the Placement, Operation and Maintenance of a Gas Transmission Line, and Accept and Appropriate Funds from PG&E: Delta Access Regional Recreation Area (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the following:

1) Grant a 10.64-acre temporary construction easement to Pacific Gas and Electric Company (“PG&E”) for the construction of a gas transmission line located on the former Fallman Property at Delta Access; 2) Issue an encroachment permit to PG&E to allow the District to monitor construction; 3) Grant a 4.57-acre permanent easement to PG&E to allow for the continued operation and maintenance of the gas line; and 4) Accept and appropriate funds from PG&E.

REVENUE/COST

There are no direct costs associated with this temporary construction easement and permanent easement other than staff time. PG&E will make the following payments to the District:

1) $5,000 for the reimbursement of staff time which will be credited as revenue to the Land Acquisition General Fund; 2) $5,347 for a 10.64-acre temporary construction easement and $25,135 for a 4.57-acre permanent easement, both of which will be retained in the Designated for Land Exchange capital acquisition project account (CIP 229900DLEA) to be used for future acquisitions; and 3) $1,800 for the issuance and administration of an encroachment permit which will be credited as revenue to the Maintenance and Skilled Trades General Fund.

53 BACKGROUND

In early 2014, PG&E advised the District that it needed to place a second gas transmission line under the former Fallman property at Delta Access as part of its statewide safety program. This gas line will be located under the service road that extends from Orwood Road across the Fallman property and to adjacent parcels. This roadway is used by the District, our agricultural tenant and adjacent land owners. By Resolution No. 2014-07-165, adopted July 1, 2014, the Board of Directors authorized staff to negotiate with PG&E for conveyance of a temporary construction easement and permanent easement.

The temporary construction easement, including a horizontal drilling easement, will total approximately 10.64 acres and will provide PG&E with the necessary to construct a new permanent gas transmission line known as 57A. The temporary construction easement will be used over the next four months, commencing in September 2014 and expiring in December 2014. PG&E will place a control gate on the roadway and will install perimeter fencing around the temporary construction area for the duration of the construction project. PG&E has agreed to pay $5,347 to the District for the use of our land during the construction period.

An encroachment permit will also be issued to PG&E for the construction of the gas line, which will allow the District to monitor construction. The terms of the permit ensure that the surface of the temporary construction area on District parkland and along the service road will be restored to its previous condition. PG&E will pay the District $1,800 for the issuance and administration of the encroachment permit. All necessary insurance will be provided through the provisions of the temporary construction easement and the requirements of the encroachment permit.

As a part of this transaction, the District will grant PG&E a permanent gas line easement totaling 4.57 acres. The easement will provide for the continued use of and access to the area by PG&E necessary to operate and maintain the gas line.

Due to the construction activity and schedule, the crops of our agricultural tenant, Cecchini and Cecchini, will be impacted. PG&E has agreed to make a lump-sum payment to Cecchini and Cecchini for the loss of crops. This payment is based on the sale price of crops estimated per ton/per acre.

The subject property has not been dedicated for parkland use; therefore this action does not require unanimous Board approval.

ALTERNATIVES

No alternatives are recommended.

54 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO GRANT A 10.64-ACRE TEMPORARY CONSTRUCTION EASEMENT, ISSUE AN ENCROACHMENT PERMIT AND GRANT A 4.57-ACRE PERMANENT EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR THE PLACEMENT, OPERATION AND MAINTENANCE OF A GAS TRANSMISSION LINE, AND ACCEPT AND APPROPRIATE FUNDS FROM PG&E: DELTA ACCESS REGIONAL RECREATION AREA

WHEREAS, by Resolution No. 2014-07-165 adopted on July 1, 2014, the Board of Directors authorized East Bay Regional Park District (“District”) staff to negotiate with Pacific Gas and Electric Company (“PG&E”) to accommodate the placement of a gas transmission line on the former Fallman property at Delta Access; and

WHEREAS, a mutually acceptable agreement has been negotiated between PG&E and the District as follows:

1) The District will grant a 10.64-acre temporary construction easement to PG&E for the construction of a gas transmission line commencing on September 1, 2014 and expiring in December 31, 2014 in exchange for $5,347; 2) The District will issue an encroachment permit to PG&E at a cost of $1,800, which allows the District to monitor construction and ensures the restoration of District land at completion of construction; 3) The District will grant a 4.57-acre permanent gas line easement to PG&E to allow for the continued operation and maintenance of the gas line in exchange for $25,135; 4) PG&E will pay the District $5,000 for reimbursement of staff time dedicated to the gas transmission line conveyance; 5) PG&E will directly pay the District agricultural tenant, Cecchini and Cecchini, for impacts to its agricultural business at the site based on the sale price of the crops estimated per ton/per acre; and

WHEREAS, the easement will have minimal impact on the operation and maintenance of the parkland, and PG&E will be solely responsible for the gas line installation, operation and maintenance;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to grant a temporary construction easement and issue an encroachment permit for the placement of a gas

55 transmission line and, as a part of this transaction, grant a permanent easement for the continued operation and maintenance of the gas transmission line; and

BE IT FURTHER RESOLVED, that the Board authorizes the acceptance and appropriation of $30,482 to the Designated for Land Exchange capital acquisition project account (CIP 229900DLEA); $1,800 to the Maintenance and Skilled Trades General Fund; and $5,000 to the Land Acquisition General Fund; and

BE IT FURTHER RESOLVED, that the subject property has not been dedicated for parkland use; therefore unanimous approval of this Board resolution is not required; 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 12th day of August, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

56 Mokulemne Aqueduct Orwood Road

EBRPD Delta Access Existing Pipeline Regional Recreation Area (Former Fallman Property)

Existing Pipeline

WernerCut Dredger

PG + E Existing Pipelines Easement Type Permanent Easement Temporary Construction Easement Horizontal Drilling Easement

DELTA ACCESS REGIONAL RECREATION AREA EBRPD (Former Fallman Property) ¯ Environmental Programs and GIS June 30, 2014 Pacific Gas & Electric Feet t:/bstone/mxd projects/land acq/ 0 250 500 1,000 da_Fallman-PG&E Esmt.mxd Gas Pipeline Easements

57

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58 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Authorization to Extend and Amend an Existing Lease Agreement with State Lands Commission and Transfer Funds: Point Pinole Regional Shoreline (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize extending and amending an existing lease agreement with the State Lands Commission to facilitate the Breuner Marsh Restoration and Public Access Project at Point Pinole Regional Shoreline.

REVENUE/COST

The cost for the State Lands Commission (“Commission”) lease extension and amendment includes the application fee and reimbursement for Commission staff time. Other than the Commission fees and District staff time, there are no direct acquisition costs associated with this lease agreement. Funding for related expenses is proposed to come from Measure WW acquisition funds from the Point Pinole allocation area as follows:

APPROPRIATE/TRANSFER FROM:

Designated for Land Acquisition – Measure WW Undesignated (229900WW00) $10,000

APPROPRIATE/TRANSFER TO:

SLC Goodrick Avenue/Point Pinole Acquisition (239900WP49) Commission Application Fee and Staff Reimbursement $5,000 District Staff Time 5,000 Total $10,000

BACKGROUND

By Resolution No. 3544, adopted July 7, 1970, the Board of Directors authorized the General Manager to enter into an interim management agreement for the development, operation, and

59 maintenance of a park for public recreational purposes on 161 acres of Commission property at Point Pinole Regional Shoreline. This Resolution also gave the General Manager authorization to enter into a long-term management agreement when such agreement had been mutually agreed upon. The interim agreement was effective from July 15, 1970 to July 14, 1971. After the interim agreement expired, a 49-year agreement with the Commission was executed on July 15, 1971 (Permit No. PRC 4624.9). This 49-year agreement is scheduled to expire on July 14, 2020.

The Park District is currently constructing Phase I of the Breuner Marsh Restoration and Public Access Project (“Project”) which will restore, enhance and create approximately 60 acres of wetlands and approximately 96 acres of transitional and upland habitat; protect endangered California clapper rail and salt marsh harvest mouse; close a 1.5 mile gap in the San Francisco Bay Trail; and provide public access to the San Francisco Bay. Public parking, restrooms, trails, picnic facilities, and interpretive exhibits will also be developed. The Project will benefit San Francisco Bay by removing imported fill and contaminated soil, improving , and by creating new shoreline for endangered species. The project is designed to withstand 60 inches of sea level rise.

As part of the Project, an approximately 13-foot wide by 150-foot long concrete boardwalk and fencing will be installed on property that the Park District currently leases from the Commission. Although the 1971 Commission lease agreement to maintain the Commission property as a public park is still in effect, the agreement does not provide the Park District with the rights necessary to install, operate and maintain the boardwalk and fencing. Therefore, staff has negotiated a lease amendment and extension with the Commission. The size of the current lease area is 161 acres; the majority of the lease area is submerged land in the Bay. The new lease size is approximately 40.8 acres and includes only the Commission land necessary for the Project, thereby significantly reducing the Park District’s liability and responsibility. The Commission no longer issues agreements with terms over 25 years, therefore the amended lease will be for 25 years, commencing June 19, 2014, and terminating June 18, 2039. All other terms and conditions of the original lease will remain unchanged.

ALTERNATIVES

No alternatives are recommended.

60 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO EXTEND AND AMEND AN EXISTING LEASE AGREEMENT WITH STATE LANDS COMMISSION AND TRANSFER FUNDS: POINT PINOLE REGIONAL SHORELINE

WHEREAS, by Resolution No. 3544, adopted July 7, 1970, the Board of Directors authorized the General Manager to enter into an interim management agreement for the development, operation, and maintenance of a park for public recreational purposes on 161 acres of State Lands Commission (“Commission”) property at Point Pinole Regional Shoreline. This Resolution also gave the General Manager authorization to enter into a long-term management agreement when such agreement had been mutually agreed upon; and

WHEREAS, the interim agreement was effective from July 15, 1970 to July 14, 1971 and was succeeded by a subsequent a 49-year agreement with the Commission (Permit No. PRC 4624.9) which was executed on July 15, 1971 and is scheduled to expire on July 14, 2020; and

WHEREAS, although the 1971 Commission lease agreement to maintain the Commission property as a public park is still in effect, an amended lease needed to be negotiated to provide the Park District with the rights necessary to install and maintain an approximately 13-foot wide by 150-foot long concrete boardwalk and fencing on Commission property; and

WHEREAS, per the terms of the amended lease agreement, the lease size will be reduced from 161 acres to approximately 40.8 acres to include only the Commission land necessary for the Project, thereby significantly reducing the Park District’s liability and responsibility; and

WHEREAS, the term of the amended lease is 25 years, commencing on June 19, 2014, and terminating June 18, 2039; and

WHEREAS, all other terms and conditions of the original lease will remain unchanged;

NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the General Manager to enter into an amended 25-year lease agreement with State Lands Commission for property at the Point Pinole Regional Shoreline, commencing June 19, 2014, and terminating June 18, 2039; and

BE IT FURTHER RESOLVED, that the Board of Directors hereby authorizes the appropriation and transfer of $10,000 from Designated for Acquisition – Measure WW Undesignated project (CIP 229900WW00) to SLC Goodrick Ave/Point Pinole acquisition project (CIP 239900WP49); and

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

Moved by Director , and seconded by Director and adopted this 12th day of August 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

62 Lease Parcel 2 (38.5 acres)

Extent of EBRPD Lease Original Lease Parcel 1 with SLC (2.3 acres)

POINT PINOLE REGIONAL SHORELINE State Lands Commission Property ¯ Environmental Programs and GIS EBRPD Modified Lease Agreement July 2, 2014 t:/bstone/mxd projects/land acq/ PRC Permit # 4624.9 Feet pp_SLC lease modify-2014.mxd 0500 1,000 2,000 3,000 4,000

63

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64 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

p. Authorization to Transfer Funds; Enter into a Cooperative Funding Agreement with and Accept and Appropriate Matching Funds from Tri- Valley Conservancy; Award a Contract for Services to Wildscape Engineering Services for the Arroyo del Valle Trail Bridge Preliminary Engineering Study: Del Valle to Shadow Cliffs Regional Trail (Townsend/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors transfer East Alameda County / Murray Township General Funds; enter into a cooperative funding agreement with and accept and appropriate matching funds from Tri-Valley Conservancy; award a Contract for Services to Wildscape Engineering Services for the Arroyo del Valle Trail Bridge Preliminary Engineering Study at the Del Valle to Shadow Cliffs Regional Trail.

REVENUE/COST

This action proposes the transfer of $15,000 from Other Than Asset project account East Alameda County / Murray Township (504200DS12) to Other Than Asset project account Study Arroyo del Valle Bridge/Del Valle to Shadow Cliffs Trail (572800DS12) for a preliminary engineering study for the Arroyo del Valle trail bridge segment of the Del Valle to Shadow Cliffs Regional Trail. Pursuant to a cooperative funding agreement, this action also proposes the acceptance and appropriation of an additional $15,000 from the Tri-Valley Conservancy into said project account, for a total budget of $30,000. Wildscape Engineering Services will complete the study for a cost not to exceed $25,000.

When constructed, this project may increase the long term operational cost of the District.

TRANSFER FROM:

East Alameda County / Murray Township General Funds (504200DS12) $15,000

TRANSFER TO:

Study Arroyo del Valle Bridge/Del Valle to Shadow Cliffs Trail (572800DS12) $15,000

65 BACKGROUND

On December 16, 2008 by resolution No. 2008-12-326, East Bay Regional Park District (EBRPD) entered into a Cooperative Funding Agreement with the Tri-Valley Conservancy (TVC) for their acquisition of the 74-acre Bobba property (Property) located between EBRPD’s Camp Arroyo property and Livermore Area Recreation and Park District’s (LARPD) Sycamore Grove Park. The Park District contributed $150,000 towards the acquisition of the Property, and TVC granted a trail easement on the property to the Park District for a segment of the Del Valle to Shadow Cliffs Regional Trail. This segment of the regional trail will connect Sycamore Grove Park to Camp Arroyo and Del Valle Regional Park.

TVC and LARPD adopted a Resource Management Plan for the Property in May 2014 which includes the trail connection and identifies the need for a bridge crossing over the Arroyo del Valle within Sycamore Grove. EBRPD and TVC have agreed to support this effort by entering into a cooperative funding agreement for a preliminary engineering study to determine the most feasible location for the new trail bridge. TVC has agreed to contribute $15,000; EBRPD staff has identified $15,000 in matching funds within East Alameda County / Murray Township General Fund Other Than Asset project account (504200DS12).

In July 2014, a Request for Proposals was released soliciting services to examine the feasibility and preferred alignment of a bridge crossing over the Arroyo del Valle; determine potential environmental impacts and required regulatory permits; identify the appropriate CEQA document required for construction; and provide preliminary engineering/design and cost estimates for the preferred bridge and trail alignment. Two proposals were received and reviewed by TVC and EBRPD, and Wildscape Engineering Services was unanimously chosen to be the most qualified firm to complete the study.

ALTERNATIVES

No alternatives are recommended.

66

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO TRANSFER FUNDS; ENTER INTO A COOPERATIVE FUNDING AGREEMENT WITH AND ACCEPT AND APPROPRIATE MATCHING FUNDS FROM TRI-VALLEY CONSERVANCY; AWARD A CONTRACT FOR SERVICES TO WILDSCAPE ENGINEERING SERVICES FOR THE ARROYO DEL VALLE TRAIL BRIDGE PRELIMINARY ENGINEERING STUDY: DEL VALLE TO SHADOW CLIFFS REGIONAL TRAIL

WHEREAS, by Resolution No. 2008-12-326, adopted December 16, 2008, the Board authorized staff to enter into a Cooperative Funding Agreement (“Agreement”) with the Tri- Valley Conservancy (“TVC”) for their acquisition of the 74-acre Bobba property (“Property”) located between East Bay Regional Park District’s (“District”) Camp Arroyo Property and Livermore Area Recreation and Park District’s (“LARPD”) Sycamore Grove Park; and

WHEREAS, the terms of the Agreement state that the District will contribute $150,000 towards the acquisition of the Property, which was appropriated in said Resolution, in consideration for which TVC will grant a trail easement on the property to District for the Del Valle to Shadow Cliffs Regional Trail connecting LARPD’s Sycamore Grove Park with District’s Camp Arroyo Property; and

WHEREAS, TVC and LARPD adopted a Resource Management Plan for the Property in May 2014 which includes the trail connection and identifies the need for a bridge crossing over the Arroyo del Valle within Sycamore Grove Park ; and

WHEREAS, TVC and the District have agreed to support this effort by entering into a cooperative funding agreement to determine the feasibility of constructing a bridge crossing over the Arroyo del Valle for completion of this trail segment; and

WHEREAS, TVC agrees to contribute funds in the amount of $15,000 contingent upon the District contributing matching funds in the amount of $15,000; and

WHEREAS, a Request for Proposals was released soliciting services to examine the feasibility and preferred alignment of a bridge crossing over the Arroyo del Valle; determine potential environmental impacts and required regulatory permits; identify the appropriate CEQA document required for construction; and provide preliminary engineering/design and cost estimates for the preferred bridge and trail alignment; and

WHEREAS, two proposals were submitted and Wildscape Engineering Services was chosen unanimously by TVC and the District to be the most qualified firm to prepare the study;

67

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors authorizes the award of a contract for services to Wildscape Engineering Services in an amount not to exceed $25,000 to complete the Arroyo del Valle Trail Bridge Preliminary Engineering Study; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the acceptance and appropriation of funds from Tri-Valley Conservancy for the Arroyo del Valle Trail Bridge Preliminary Engineering Study; and

BE IT FURTHER RESOLVED, that the Board of Directors hereby authorizes staff to transfer $15,000 from East Alameda County / Murray Township Other Than Asset project account (504200DS12) to Other Than Asset project account Study Arroyo del Valle Bridge/Del Valle to Shadow Cliffs Trail (572800DS12), per the Budget Change Form attached hereto; and

BE IT FURTHER RESOLVED, appoints the General Manager or Assistant General Manager of Finance and Management Services as 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, payment requests and performs 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 funds from Tri-Valley Conservancy. The budget amendments will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the funding agreement.

Moved by Director , seconded by Director , and approved this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

68 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Fund Sources X New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Revenue: OTA Fund- Finance & Management Svcs Admin- Regional Trails Dept-Del Valle to Shadow Livermore Area Recreation- Cliffs Trail-Services/Arroyo Del Valle Services/Brushy Peak Other Murray Bridge Study Township Project

336-4110-325-6191/504200-372 $ 15,000 336-6340-628-6191/ 572800 DS12-372 $ 15,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on August 12, 2014, the General Manager recommends that the Board of Directors approve the transfer of $15,000 Livermore Area Recreation funds from the holding account 504200 to the new project to study a bridge in the Del Valle to Shadow Cliffs Trail area.

As approved at the Board of Directors Meeting on date: 8/12/2014 Board of Directors Resolution Number: 2014-08- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2014\14 - Aug 12\8-2014-August 12\C-1-p BUDGET CHANGE FORM.xlsx

69 70 099 0500 001 08 099 0500 003 07

099 0500 003 14

099 0500 003 10 099 0500 002 05 099 0600 001 08

099 0600 001 10 099 0500 002 07 099 0500 002 09

Sycamore Grove Park

Sycamore Grove 099 0500 002 11 Park 099 0500 002 10 A r r o y o R d 099 0500 003 13 Sycamore Grove Arroyo del Valle Park Bridge Feasibility Study Tri Valley 099 0500 002 12 Area Conservancy Property

099 0500 002 04 099 0600 001 09 099 0500 002 04 (Part) 099 0500 002 03 Trail Easement Area (4.64 acres)

EBRPD

S S

h ad o w C l 099 0550 001 03 i ff D s t o e l Valle Trail Location Map 099 0550 001 04

099 0550 002 03

099 0550 001 09 Del Valle Regional Park 099 0550 001 07

Shadow Cliffs to Del Valle Regional Trail - Arroyo del Valle Bridge Feasibility Study East Bay Scale 1: 8,500 Regional Park District EBRPD Lands Existing EBRPD Trails Trails Development Aug 12, 2014 Other Open Space Existing Other Trails 0200 400 800 1,200 1,600 ± t:\bstone\mxdprojects\trails\ Feet sc-dv_TVCBridgeFeasibility_b+w.mxd Neighboring Parcels AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

q. Authorization to Award a Contract to BKF Engineers to Conduct a Feasibility and Conceptual Engineering Study for the Lone Tree Point Segment of the San Francisco Bay Trail at San Pablo Bay Regional Shoreline: San Francisco Bay Trail (Townsend/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the award of a contract to BKF Engineers to conduct a feasibility and conceptual engineering study for the Lone Tree Point segment of the San Francisco Bay Trail in Rodeo.

REVENUE/COST

BKF Engineers will complete the study for a cost not to exceed $49,610. Per Board Resolution No. 2014-04-094, adopted on April 15, 2014, the District appropriated $50,000 of Measure WW Development Funds from the Bay Trail allocation area for this project to Capital Improvement Project Account No. 131300WP06.

EXISITING SOURCE OF FUNDS: Project Account Develop Lone Tree Trail and Shore (131300WP06) $50,000 Expenditures and Encumbrances to Date 0 Total Available Funds $50,000

PROPOSED USE OF FUNDS: Consultant Contract for Services – BKF Engineers $49,610 Balance Remaining $ 390

BACKGROUND

In 1990, the District acquired 19.13 acres at Lone Tree Point in Rodeo to be incorporated into San Pablo Bay Regional Shoreline. The property, located between a former oil refinery site and a closed marina, is bisected by Union Pacific Railroad tracks. It contains one of the very few natural sandy beaches in the East Bay, an upland grassland area of varied topography and a seasonal pond. West of the property, a former oil refinery site has been redeveloped into the

71 Victoria by the Bay housing development that contains a segment of the San Francisco Bay Trail. Adjacent to the Victoria by the Bay development, the initial phase of the Hercules Intermodal Center project is under construction, which includes a TIGER II –funded Bay Trail segment. To the east is the Rodeo Marina property and San Pablo Avenue. Contra Costa County is in the early stages of developing a “complete streets” plan for San Pablo Avenue, adding bicycle and pedestrian facilities and reducing traffic lanes and extending the Bay Trail through Rodeo towards Crockett.

Given the progress on Bay Trail connections east and west of Lone Tree Point, the District is interested in determining the most feasible alignment, identifying environmental issues and constraints, and developing cost estimates for this segment of the Bay Trail. On May 27, 2014, the District issued a Request for Proposals for the study. Seven written proposals were received, and five firms were interviewed. BKF engineering was selected as the firm most qualified to complete the work. The study should be complete by the end of 2014.

ALTERNATIVES

No alternative is recommended.

72 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 –

August 12, 2014

AUTHORIZATION TO AWARD A CONTRACT TO BKF ENGINEERS TO CONDUCT A FEASIBILITY AND CONCEPTUAL ENGINEERING STUDY FOR THE LONE TREE POINT SEGMENT OF THE SAN FRANCISCO BAY TRAIL AT SAN PABLO BAY REGIONAL SHORELINE: SAN FRANCISCO BAY TRAIL

WHEREAS, in 1990, the District acquired 19.13 acres at Lone Tree Point in Rodeo to be incorporated into San Pablo Bay Regional Shoreline; and

WHEREAS, the property contains one of the few natural sandy beaches in the East Bay, an upland grassland area with varied topography and a seasonal pond; and

WHEREAS; to the west of Lone Tree Point, San Francisco Bay Trail segments have been developed at the Victoria by the Bay housing development and are under construction at the Hercules Intermodal Transit Center site; and

WHEREAS, to the east of Lone Tree Point, Contra Costa County is undertaking a “complete streets” project to extend the Bay Trail through Rodeo towards Crockett; and

WHEREAS, the District is seeking to identify the most feasible alignment and environmental constraints and to develop cost estimates for the Lone Tree Point segment of the Bay Trail; and

WHEREAS, on May 27, 2014, the District released a Request for Proposals to qualified firms for this project, to which seven consulting firms responded. Five were interviewed and, after reviewing the proposals and conducting interviews, BKF Engineers was selected to complete this phase of the project; and

WHEREAS, by Board Resolution No. 2014-04-094, adopted April 15, 2014, the District appropriated $50,000 of Measure WW Development Funds from the San Francisco Bay Trail allocation area for this effort to capital improvement project account Develop Lone Tree Trail and Shore (131300WP06);

NOW, THEREFORE, BE IT RESOLVED, that Board of Directors hereby authorizes and directs the General Manager to award a contract to BKF Engineers in the amount of $49,610 to conduct a feasibility and conceptual engineering study for the Lone Tree Point Segment of the San Francisco Bay Trail; and

BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents

73 and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

Moved by , seconded by , and adopted this 12th day of August, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

74 San Francisco Bay Trail East Bay Lone Tree Point Regional Park District Environmental Programs Bay Trail Feasibility Study May 21, 2014 Feet t:/bstone/mxd projects/trails/ 0 120 240 480 720 sfbaytrail/sfbt_lonetreepoint_RFP.mxd

Existing SF Bay San Pablo Bay Trail Regional Proposed SF Shoreline Bay Trail Parkland

Seasonal Wetland Rodeo Marina

SAN PABLO BAY

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Parker Ave

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k

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Vicinity Map

S

h Ave Harris a 3rd St r San Pablo o

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Disclaimer: Boundary and property lines shown on this map do not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the Crockett accuracy of said property lines (or any other lines), and no Hills liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of EBRPD. 4th St 75

Page Left Blank Intentionally

76 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

r. Authorization to Grant a 33,317-Square Foot Recreational Trail Easement and 7,982-Square Foot Utility Easement to the City of Richmond: Miller/Knox Regional Shoreline (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors grant a 33,317-square foot recreational trail easement and a 7,982-square foot utility easement for a sewer pump station to the City of Richmond (“City”) at Miller/Knox Regional Shoreline. In exchange for these two easements on dedicated parkland, the Park District has received a recreational trail easement at Point Isabel Regional Shoreline from the City. Pursuant to Public Resources Code Section 5540.5, this action requires unanimous approval of the Board of Directors.

REVENUE/COST

Other than staff time, there are no costs associated with conveyance of the easements to the City of Richmond at Miller/Knox Regional Shoreline.

BACKGROUND

As part of the Measure WW Local Grant Program, the City was granted $300,000 for their Bay Recreational Trail Gap Closure Project located between Ferry Point and Kaiser Shipyard No. 3 (“Project”). During the planning and construction of the Project, it was discovered that a portion of the recreational trail alignment is located on Park District property at Miller/Knox Regional Shoreline in an area known as Brickyard Cove. To allow the City to operate and maintain the recreational trail, the City requires a recreational trail easement from the Park District. In addition, while surveying the property to develop a legal description, it was discovered that the City does not have the appropriate rights to maintain and operate its existing sewer pump station located at Brickyard Cove.

By Resolution No. 2013-11-262, adopted November 19, 2013, the Board of Directors accepted a recreational trail easement from the City at Point Isabel Regional Shoreline to perfect District right of way along a portion of the San Francisco Bay Trail. In exchange, the Park District agrees to grant the City a 33,317-square foot recreational trail easement necessary for the City to maintain

77 and operate the segment of the San Francisco Bay Trail connector located between Ferry Point and Kaiser Shipyard No. 3. The Park District also agrees to grant a 7,982-square foot utility easement to formalize the City’s rights to maintain and operate the existing sewer pump station at Brickyard Cove and thereby transfer liability to the City.

Section 5540.5 of the Public Resources Code enables the District, with the unanimous approval of its Board of Directors, to exchange dedicated parkland for property of equal or greater value which is located adjacent to other District land. The District is restricted to exchanging no more than 40 acres of dedicated parkland in any calendar year. To date, 0.38 acre of dedicated parkland has been exchanged in 2014.

Staff recommends that the Board of Directors grant the two easements to the City to fulfill the exchange, protect the District from liability associated with the pump station, and facilitate the provision of an important Bay Trail connector to the public. Staff has determined the recreational trail easement at Point Isabel Regional Shoreline, together with these other considerations, to be equal or greater value as compared to the value of the recreational trail easement and utility easement to be granted to the City.

ALTERNATIVES

No alternative is recommended.

78 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

AUTHORIZATION TO GRANT A 33,317-SQUARE FOOT RECREATIONAL TRAIL EASEMENT AND 7,982-SQUARE FOOT UTILITY EASEMENT TO THE CITY OF RICHMOND: MILLER/KNOX REGIONAL SHORELINE

WHEREAS, during construction of the City of Richmond’s (“City”) Bay Trail Gap Closure Project located between Ferry Point and Kaiser Shipyard No. 3 (“Project”), which received $300,000 of Measure WW Local Grant funding, it was discovered that a portion of the trail alignment is located on Park District property at the Brickyard Cove area of Miller/Knox Regional Shoreline; and

WHEREAS, it was also discovered that the City does not have the appropriate rights to maintain and operate its existing sewer pump station at Brickyard Cove; and

WHEREAS, by Resolution No. 2013-11-262, adopted November 19, 2013, the Board of Directors accepted a recreational trail easement from the City at Point Isabel Regional Shoreline; and

WHEREAS, in exchange for conveyance of the trail easement at Point Isabel Regional Shoreline by the City to the Park District, the Park District agrees to grant a 33,317-square foot recreational trail easement necessary for the City to operate and maintain the Bay Trail connector located at Brickyard Cove, and a 7,982-square foot utility easement to formalize the City’s rights to maintain and operate the existing sewer pump station;

NOW, THEREFORE, BE IT RESOLVED that pursuant to Public Resource Code Section 5540.5, the Board of Directors of the East Bay Regional Park District hereby unanimously authorizes the General Manager to grant a recreational trail easement and a sewer pump utility easement to the City of Richmond at Miller/Knox Regional Shoreline; 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 12th day of August 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

79 EBRPD EBRPD MILLER / KNOX MILLER / KNOX REGIONAL REGIONAL SHORELINE SHORELINE

Dornan Drive EBRPD 33,317 sq ft Trail Easement to City of Richmond

Mallard Drive Mallard

EBRPD d 7,982 sq ft a o Utility (Sewer) Easement R e v to City of Richmond o C d a r cky Bri

LOCATION MAP

EBRPD Master Plan Trails

Existing

Existing (Other)

Miller/Knox Regional Shoreline Feet City of Richmond 0 150 300 600 EBRPD Grant of Utility Easement Environmental Programs & GIS 07/30/2014 T:/BStone/mxd projects/landacq/ and Recreational Trail Easement mk_City of RichmondEasements-2014.mxd

80 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

s. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ending March 31, 2014 (Auker/Collins)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors accept the East Bay Regional Park District investment report for the quarter ending March 31, 2014.

REVENUE/COST

There is no revenue/cost impact associated with the acceptance of the report.

BACKGROUND

In accordance with State law and the District’s Investment Policy, the attached report has been prepared on the District’s cash and investments. The grand total of the District’s cash and investments as of March 31, 2014 was $300,900,740.

Pooled cash/investments managed by CFO/Controller equaled $182.3 million, $4.8 million more than cash/investments as of December 31, 2013. Discounting the change in debt service accounts discussed below, the balance is approximately $10 million less than the previous quarter, due to the expenditure of December 2013 receipts.

As mentioned above, during the first quarter of 2014 the District revised the control of the debt service funds. U.S. Bank, the trustee of the 2013 Measure WW bond funds, informed the District that they would not control debt service funds; they require that the District control the funds until the debt service due date. Reviewing the Fiscal Agent Agreement for the 2006, 2008 and 2009 debt issuances, for which Union Bank is the trustee, it was determined that the same applies to these debt service funds - they are the responsibility of the District to control until the due date of the debt service payments. Thus the March 31, 2014 investment report moves the debt service funds from the section “bond funds managed by fiscal agents”, to the section “pooled investments managed by CFO/Controller”. No change has been made to the custody of the funds; they are still held in CAMP accounts. Only the manner in which they are

81 reported on the quarterly investment report has changed, and the fact that the District now has to access the CAMP accounts and send the funds to the trustee for debt service payments, rather than the trustees having direct access to the accounts.

Funds managed by fiscal agents equaled $118.6 million, a $26.4 million decrease from the prior quarter. $15 million is due to the change in treatment of debt service funds. $11.4 was trustee reimbursements of Measure AA and WW expenditures.

The first quarter 2014 investment earnings total $575,236, which is more than 25% of the 2014 budget. This quarter, the District underperformed the short-term benchmark (which is 91 T-bill rate) by .02%. The District’s performance on midterm investments was better than the benchmark (ML 1-3 UST index) by .22%. Annualized short-term return for 2013 was .10% and annualized mid-term return was 1.43%.

This quarter’s investment and banking fees totaled $37,536, .024% of the average cash/investment balance. Investment fees increased overall as a result of investment of 2012 promissory note and 2013 Measure WW bond proceeds. Fees as a percentage of amount invested are consistent with the past.

Graphs accompanying the investment report include:  pie chart of District cash and investments by type, and  bar graph of the mid-term securities investment maturities.

ALTERNATIVES

None are recommended.

82 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

ACCEPTANCE OF THE EAST BAY REGIONAL PARK DISTRICT INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 31, 2014

WHEREAS, the Board of Directors has adopted the 2014 Investment Policy to provide guidance and direction for the prudent investment of District funds, and to foster the creation of a systematic and controlled investment process on February 18, 2014; and

WHEREAS, the 2014 Investment Policy calls for the District to invest District funds in a prudent manner, providing the highest yield with the maximum security of principal invested, while also meeting the daily cash flow requirements of the District; and

WHEREAS, the 2014 Investment Policy and State law requires the Chief Financial Officer to prepare a quarterly report on investment activity (attached) for review by the Board Finance Committee and acceptance by the Board of Directors; and

WHEREAS, the Board Finance Committee reviewed this quarterly report at their meeting on June 25, 2014, and recommended favorable consideration of this item by the Board of Directors,

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts the East Bay Regional Park District investment report for the quarter ending March 31, 2014.

Moved by Director , seconded by Director and approved on this 12th day of August 2014, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

83 84 EAST BAY REGIONAL PARK DISTRICT INVESTMENT REPORT for period ending March 31, 2014 March 31, 2014

Total Cash/Investments by Type $300,900,740

Checking/Sweep Account $2,821,382 0.9%

CAMP/First America $55,682,969 18.5%

Bond Funds Managed by Trustees $118,585,323 39.4%

LAIF $50,000,000 16.6%

Mid-term investments $73,811,067 24.5%

Mid-term Security Maturities $148,559,957 (managed by CFO-$73,811,067/managed by fiscal agents-$74,748,890)

$80,000,000

$70,000,000

$60,000,000

$50,000,000

$40,000,000

$30,000,000

$20,000,000

$10,000,000

$0 0-6 months 6-12 months 1-2 years 2-3 years 3-4 years 4-5 years Maturities

85

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86 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

t. Acceptance of the East Bay Regional Park District First Quarter 2014 General Fund Reports and Unaudited Financial Statements (Spaulding/Collins)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors accept the First Quarter 2014 General Fund Reports and Unaudited Financial Statements.

REVENUE/COST

There is no revenue/cost impact associated with the acceptance of the report.

BACKGROUND

This is a new format for quarterly financial reporting, combining budget and expenditure information in a single report. Finance will continue to work with the Finance Committee to make improvements to this report. The report and attachments summarize first quarter revenues and expenditures for the entire District.

General Fund Revenues & Expenditures as of March 31, 2014: Revenues are on track to end the year at budget. Expenditures to-date are also on track to end the year within budget. The graphs on the following page show the revenue and expenditure trends of the District for the past five years in four major categories. Attachment A provides additional information on the General Fund. Areas in which revenues or expenditures are five percent higher or lower than the prior year are explained in footnotes.

Unaudited Financial Statements as of March 31, 2014: In Attachments B and C, financial information is presented in the format used for the Comprehensive Annual Financial Report for all Government Funds and Internal Service Funds.

ALTERNATIVES

None are recommended.

87 General Fund Revenue 2010 ‐ 2014 $110,000,000 $105,000,000 $100,000,000 $95,000,000 Property $90,000,000 $85,000,000 $80,000,000

$10,000,000

$8,000,000 Fees & Charges $6,000,000

$4,000,000 Property Usage

$2,000,000 Grants, Interest & $‐ Miscellaneous 2010 2011 2012 2013 2014 (budget)

General Fund Expenditures 2010 ‐ 2014 80,000,000

75,000,000

70,000,000 Personnel Costs 65,000,000

60,000,000

25,000,000 20,000,000 15,000,000 Supplies & Services 10,000,000 Capital & Other 5,000,000 Transfers Out ‐ 2010 2011 2012 2013 2014 (budget)

88 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 -

August 12, 2014

ACCEPTANCE OF THE EAST BAY REGIONAL PARK DISTRICT FIRST QUARTER 2014 GENERAL FUND REPORTS AND UNAUDITED FINANCIAL STATEMENTS

WHEREAS, the Finance Department prepares Quarterly Unaudited Financial Statements and presents the results to the Board Finance Committee; and

WHEREAS, the Quarterly Unaudited Financial Statements help inform the Board of Directors, public and District management of the financial position of the District; and

WHEREAS, on June 25, 2014, the Board Finance Committee reviewed the Quarterly General Fund Reports and Unaudited Financial Statements for the period ending March 31, 2014, and unanimously recommended its favorable consideration by the Board of Directors;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts the General Fund Reports and Unaudited Financial Statements for the quarter ending March 31, 2014.

Moved by Director , seconded by Director and approved on this 12th day of August 2014, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

89 Attachment A

GENERAL FUND BUDGET TO ACTUAL IN THOUSANDS AS OF MARCH 31, 2014

% received / % received / March 31, 2014 March 31, 2013 expended at expended at Actual Actual March 31, 2014 March 31, 2013 Revenues Revenue 10,022 13,432 9% 12% Transfers In 46 459 100% 100% TOTAL REVENUES 10,068 13,891 9% 13%

Expenditures Personnel costs 16,140 15,270 20% 21% Supplies 1,135 1,132 13% 15% Services & Other 1,534 1,228 11% 11% Utilities 335 254 11% 9% Capital Outlay 124 15 9% 1 3% Grants 207 200 87% 86% Intra-District Charges 1,504 1,188 25% 25% Transfers Out 12,233 6,660 100% 2 61% TOTAL USES 33,212 25,947 27% 24%

Revenue over / (under) expenditures (23,144) (12,056)

1 Capital Outlay in first quarter has increased this year due to purchases that were begun in 2013 but were not completed until early 2014.

2 Transfers-out were budgeted at $11.2 million in 2014. In February, an additional $1 million was approved for Transfer-out to hazardous tree and fuel & fire maintenance projects. In 2013, additional Transfers-out were approved mid-year for projects such as Crown Beach. This increased the budget (and decreased the % completed in comparison).

90 Attachment B

East Bay Regional Park District Unaudited Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For the quarter ended March 31, 2014

Major Funds Non-Major Total Governmental General Fund Debt Service Fund Project Fund Governmental Funds Funds REVENUES Property taxes and assessments $ 7,605,819 $ 1,814,323 $ - $ 701,283 $ 10,121,425 Charges for services 1,607,847 - 569 9,175 1,617,591 Interest 122,377 2,370 (80,038) 26,810 71,519 Property Usage 350,272 - 800 162,685 513,757 Interagency agreements and grants 196,386 - 8,097,683 5,000 8,299,069 Miscellaneous 135,285 - 1,238,373 10,000 1,383,658 Total revenues 10,017,986 1,816,693 9,257,387 914,953 22,007,019

EXPENDITURES Current: Executive/Legislative Division 398,646 - - - 398,646 Finance/Management Services Division 1,903,710 - 93,664 57,711 2,055,085 Human Resources Division 492,736 - - - 492,736 Land Division 609,288 - 110,010 143 719,441 Legal Division 315,664 - - - 315,664 Operations Division 11,026,740 - 472,076 973,276 12,472,092 Planning/Stewardship/Development Division 983,319 - 852,770 1,836,089 Public Affairs Division 688,366 - - - 688,366 Public Safety Division 4,437,125 - 271,238 4,708,363 Debt service: Principal - - - - - Cost of issuance - - - - - Interest - 3,512,389 - - 3,512,389 Capital outlay 124,086 - 2,606,998 - 2,731,084 Total expenditures 20,979,680 3,512,389 4,406,756 1,031,130 29,929,955

REVENUES OVER (UNDER) EXPENDITURES (10,961,694) (1,695,696) 4,850,631 (116,177) (7,922,936)

OTHER FINANCING SOURCES (USES) Proceeds from sales of property 4,062 - - - 4,062 Debt issuance - - - - - Premium on issuance of debt - - - - - Transfers in 45,900 1,432,800 8,421,140 25,400 9,925,240 Transfers out (12,233,030) - (68,800) (2,122,110) (14,423,940) Total other financing sources (uses) (12,183,068) 1,432,800 8,352,340 (2,096,710) (4,494,638)

EXCESS (DEFICIENCY) SOURCES OVER USES $ (23,144,762) $ (262,896) $ 13,202,971 $ (2,212,887) $ (12,417,574)

91 92

Attachment C

East Bay Regional Park District Unaudited Combining Statement of Revenue, Expenses and Changes in Net Position Internal Service Funds For the quarter ended March 31, 2014

Workers' Major Infrastructure Major Equipment General Employee Compensation Renovation/Replace Replacement Liability Benefits Total OPERATING REVENUES Charges for services $ 873,439 $ - $ 316,765 $ 451,536 $ 1,151,708 2,793,448 Other revenue 1,431 - 230 1,635 3,296 Total operating revenues 874,870 - 316,765 451,766 1,153,343 2,796,744

OPERATING EXPENSES Cost of services 183,745 - 549,193 272,355 - 1,005,293 Claims 396,639 - - 16,999 165,177 578,815 General and Administrative 46,178 - - 3,933 20,695 70,806 Total operating expenses 626,562 - 549,193 293,287 185,872 1,654,914

OPERATING INCOME (LOSS) 248,308 - (232,428) 158,479 967,471 1,141,830

NONOPERATING REVENUES (EXPENSES) Interest income 16,222 8,536 - 6,364 3,001 34,123

INCOME (LOSS) BEFORE TRANSFERS 264,530 8,536 (232,428) 164,843 970,472 1,175,953

TRANSFERS Transfers in - 6,000,000 - - - 6,000,000 Transfers out - (1,475,000) - - - (1,475,000) Total transfers - 4,525,000 - - - 4,525,000

CHANGE IN NET POSITION $ 264,530 $ 4,533,536 $ (232,428) $ 164,843 $ 970,472 $ 5,700,953

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

u. Authorization to Transfer Funds and Award Contract to Sequoia Ecological Consulting to Provide Biological Permitting Support for the Implementation of the FEMA Fuel Reduction Project (Althoff/Graul)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer of funds and award of contract to Sequoia Ecological Consulting of Danville, CA in the amount of $104,530 to provide biological permitting support for the implementation of the FEMA fuel reduction project.

REVENUE/COST

PROPOSED TRANSFER OF FUNDS From Current Approved Project Budget Manage Brushland Fuels Project No. 525000 GF24 $462,157 Encumbrances and Expenditures to Date 429,820 TOTAL FUNDS AVAILABLE $ 32,337 To Project No. 572900 (FEMA Fuel Reduction Permitting) 30,000 BALANCE REMAINING $ 2,337

From Current Approved Project Budget Whipsnake Monitoring Project No. 544200 MCCT $120,000 Encumbrances and Expenditures to Date 25,025 TOTAL FUNDS AVAILABLE $ 94,975 To Project No. 572900 (FEMA Fuel Reduction Permitting) 84,530 BALANCE REMAINING $ 10,445

PROPOSED USE OF FUNDS Professional Services Contract Sequoia Ecological Consulting $104,530 Contract Contingency 10,000 TOTAL $114,530

93 BACKGROUND

The District has applied to FEMA for funds to assist with fuel reduction activities. In order to utilize the funds and implement the fuel reduction project, the District must acquire permits from the California Department of Fish and Wildlife (CDFW) and comply with terms and conditions of the United States Fish and Wildlife Service (USFWS) Biological Opinion for the project. In order to acquire permits from CDFW and comply with the USFWS permit, the District needs support form a biological consulting firm. The original Measure CC description was for a Whipsnake study at Claremont Canyon. Since no snakes were found at Claremont Canyon, this project proposes to obtain permits and implement mitigation vital to the conservation of the Whipsnake. A Request for Proposal (RFP) was issued seeking proposals from qualified firms in order to obtain a 2081 Incidental Take Permit (ITP) from CDFW, to develop a conservation easement management plan, and complete a Maintenance and Monitoring Plan (MMP) for the implementation of the Wildfire Hazard Reduction and Resource Management Plan (WHRRMP). The selected firm will be tasked with acquiring 2081 ITP for the impacts related to the District’s treatment activities for fuel reduction. The firm will also identify parklands that may be placed under conservation easements to mitigate for project related impacts and develop management plans for easement areas. In addition, the firm will review and complete the Monitoring and Maintenance Plan as required by the USFWS Biological Opinion for the implementation of the fuel reduction project.

Requests for Proposals were e-mailed to 14 prospective consultants on May 27, 2014 and advertised on the District’s website for 30 days. Proposals were received from California Environmental Services, Sequoia Ecological Consulting, LSA, Dudek, and Area West Environmental by the June 26, 2014 deadline. All five consultants were interviewed by a panel of District staff on July 18, 2014 and the recommendation of the panel is to award the contract to Sequoia Ecological Consulting of Danville, CA. based on their teams’ experience and local biological knowledge.

ALTERNATIVES

None are recommended.

94 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 –

August 12, 2014

AUTHORIZATION TO TRANSFER FUNDS AND AWARD CONTRACT TO SEQUOIA ECOLOGICAL CONSULTING TO PROVIDE BIOLOGICAL PERMITTING SUPPORT FOR THE IMPLEMENTATION OF THE FEMA FUEL REDUCTION PROJECT

WHEREAS, the East Bay Regional Park District desires to reduce fuels loads and reduce the risk of catastrophic wildfires in the East Bay hills; and

WHEREAS, the implementation of this work requires permits from the California Department of Fish and Wildlife and the United States Fish and Wildlife Service; and

WHEREAS, a total of $114,530 is available in previously budgeted project funds; and

WHEREAS, the East Bay Regional Park District sent out Request For Proposals to 14 consultants and posted the proposal on the District website for 30 days; and

WHEREAS, the East Bay Regional Park District has recommended that the best proposal to acquire the necessary permits was submitted by Sequoia Ecological Consulting of Danville, CA at a cost of $114,530;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer of $30,000 in FEMA funds from Project No. 525000 and $84,530 of Measure CC Funds from Project No. 544200 to Project No. 572900 as indicated on the attached Budget Change form, to allow for a contract for consulting services with Sequoia Ecological Consulting of Danville, CA in the amount of $114,530 from Project No. 572900; 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 approved this 12th day of August, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

95 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation Between Fund Sources New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Account Name: Revenue: OTA Fund- Fire Departmen-District Wide- Stewardship Admin-District Wide- Services/Manage Brushland Fuels-FEMA Services/FEMA Fuel Reduction Pre Disaster Funding Permitting-FEMA Pre Disaster Funding

336-8310-000-6191/525000 GF24-372 $ 30,000 336-7410-000-6191/ 572900 GF24-372 $ 30,000 Account Name: Expense: OTA Fund- Account Name: Revenue: OTA Fund- Stewardship Admin.-Claremont Stewardship Admin-District Wide- Canyon/Tilden Trail-Services/ Whipsnake Services/FEMA Fuel Reduction Monitoring-Measure CC Permitting-Measure CC

336-7410-615-6191/544200 MCCT-372 $ 84,530 336-7410-000-6191/ 572900 MCCT-372 $ 84,530 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on August 12, 2014, the General Manager recommends that the Board of Directors approve the transfer of $30,000 FEMA Predisaster Mitigation Funds from the District wide project for Brushland Fuels Reduction 525000 to a new project 572900 FEMA Fuel Reduction Permitting. This action also approves the transfer for Measure CC funds in the amount of $84,530 from project 544200 for Whipsnake Monitoring in the Claremont Canyon/Tilden Trail area to the new project 572900

As approved at the Board of Directors Meeting on date: 8/12/2014 Board of Directors Resolution Number: 2014-08- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2014\14 - Aug 12\8-2014-August 12\C-1-u BUDGET CHANGE FORM FEMA Fuel Reduction Permitting.xlsx

96 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

v. Authorization to Amend Contract and Encumber Additional Funds for Sudden Oak Death Mapping and Risk Assessment (Althoff/Graul)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the amendment of a professional services contract with the University of California Center for Forestry, Berkeley, to complete a mapping and risk assessment study of Sudden Oak Death (SOD) in Tilden, Wildcat Canyon, Anthony Chabot, Huckleberry, and Redwood Regional Parks, and furthermore authorizes the appropriation of additional budgeted funds from the Integrated Pest Management (IPM) professional services budget.

REVENUE/COST

EXISITNG SOURCE OF FUNDS

2014 Approved Operating Budget Stewardship – IPM Professional Services Budget 101-7450-000-6191 $111,300.00 Expenditures and Encumbrances to Date $63,218.78 Funds Available $48,081.22

PROPOSED USE OF FUNDS

Current Amount Encumbered for Professional Services Contract $24,200.00 Proposed Encumbrance of Additional Funds 10,800.00 Funds Remaining $38,081.22

BACKGROUND

Sudden Oak Death (SOD) is a fatal disease of native oak species caused by the plant pathogen, Phytophthora ramorum. Since 1995, confirmed cases of sudden oak death have been reported in most coastal counties of Central and Northern California. Recently in the fall of 2006, a previously unrecognized outbreak of sudden oak death was discovered in Tilden Regional Park. The first infected Coast live oaks were found in an Oak-Bay stand adjacent to the Laurel picnic area in Tilden. Samples of symptomatic bay leaves by Contra Costa Agricultural Commissioners office were confirmed to be infected with Phytophthora ramorum by the California Department

97 of Food and Agriculture SOD laboratory in Sacramento. A survey by UC Berkeley researchers revealed the presence of symptomatic Coast live oaks at many sites along South Park Drive and Big Springs in Tilden Park.

The UC Sudden Oak Death research team’s Sudden Oak Death study will provide tangible products the District can utilize in order to document and manage Sudden Oak Death. The study when complete will provide Sudden Oak Death occurrence maps, a reliable risk model which will predict future conditions and disease progression, and provide management recommendations. This model will also serve as a planning guide for prioritizing fuels reduction activities in and outside SOD positive sites and assist Park Operations in risk reduction to public safety from diseased hazardous trees.

This is the sixth and final year of a multi-year study which began in 2008. District Counsel has reviewed and approved this team as a qualified sole source contractor.

ALTERNATIVES

None are recommended.

98 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION TO AMEND CONTRACT AND ENCUMBER ADDITIONAL FUNDS FOR SUDDEN OAK DEATH MAPPING AND RISK ASSESSMENT

WHEREAS, the East Bay Regional Park District desires to amend a sole source contract with the University of California, Center for Forestry, Berkeley, to complete the implementation of a landscape scale mapping and field applied risk assessment study of Sudden Oak Death (SOD) in Tilden, Wildcat Canyon, Redwood, Huckleberry, and Anthony Chabot Regional Parks based on their leadership and expertise in modeling risk assessment of Sudden Oak Death in California; and

WHEREAS, this year six applied risk assessment study will provide more discrete disease information to predict future conditions and serve as a planning guide for prioritizing fuel reduction activities; and

WHEREAS, training Park District staff to recognize diseased trees is a critical service included in this contract amendment; and

WHEREAS, there are available funds for this professional service contract in the approved 2014 Operating Budget for Stewardship – IPM (101-7450-000-6191);

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes an additional encumbrance in the amount of $10,800 from Stewardship - IPM (101-7450-000-6191) to fund this amended scope of work to complete this six year study; 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 approved this 12th day of August, 2012, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

99

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100 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

w. Authorization to Amend the Contract, Transfer and Encumber Funds for Architectural Consulting Services for Public Safety Headquarters Study (Althoff/ Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer and encumbrance of funds in the amount of $68,500 and an amendment to the contract for consulting services with INDIGO/Hammond & Playle Architects, LLP of Davis, CA in the amount of $68,500 to perform a site assessment study of the existing Public Safety Headquarters in its current location at Lake Chabot.

REVENUE/COST

EXISTING SOURCE OF FUNDS Current Approved Capital Project Budget Needs assessment at PSHQ Project No. 500900 $ 302,310 Encumbrances and Expenditures to Date 298,436 Funds Available $ 3,874

PROPOSED TRANSFER OF FUNDS Current Approved Capital Project Budget Future District Facilities - Project No. 250000 Funds Available $5,747,690 Transfer from Project No. 250000 (68,500) Balance Remaining $5,679,190

Transfer to Project No. 500900 68,500 Total Available in Project No. 500900 $ 72,374

PROPOSED USE OF FUNDS Encumbrance for Amended Contract for Consulting Services with INDIGO/Hammond & Playle Architects, LLP, Davis, CA $ 68,500

This action will transfer funds from a Land Acquisition account to a Development account.

101 BACKGROUND

The existing Park District Public Safety Headquarters at Lake Chabot Park lacks many of the basic facilities needed to accommodate current police, fire and lifeguard services personnel. At its regular Board meeting of December 18, 2012, the Board authorized a contract for services with INDIGO/Hammond & Playle Architects, LLP, Davis, CA, in the amount of $50,000 for the provision of architectural services needed to assess the suitability of candidate sites to meet the space requirements of the Public Safety Division, as well as other Park District uses. At its regular Board meeting of September 3, 2013, the Board further authorized Amendment No. 1 to the contract for services in the amount of $60,000 whereby INDIGO prepared the “due diligence” documents needed to evaluate a potential site. Through this process it was found that the estimated cost to purchase and refurbish the potential site exceeded budget and the space available did not adequately allow for other Park District uses. Amendment No. 2 in the amount of $68,800 was authorized February 4, 2014 to provide a similar level of evaluation and general assessment for expansion of the District owned site at Public Safety Headquarters at Lake Chabot.

The study concluded it is feasible to build a new, code compliant structure at this site that meets the minimum, essential public safety functions and to remodel the existing facility to provide additional administrative space for public safety and other District personnel needs. Four (4) alternatives for site planning and phasing were presented and considered by the staff project management team. A phasing plan and budget level estimate, including costs for needed utility upgrades, were provided for each option. The proposed Amendment No. 3 in the amount of $68,500 would further develop the consensus solution, including final site plan layout, phasing plan, floor diagrams, preliminary building elevations and three dimensional illustration, revised cost estimate, schedule, preliminary infrastructure concept diagram, final report and future presentations at Executive Committee and a regular meeting of the Board. This work can be built upon in the future should the project proceed to the design development and implementation phases.

ALTERNATIVES

No alternatives are recommended.

102 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 – 08 –

August 12, 2014

AUTHORIZATION TO AMEND THE CONTRACT TRANSFER AND ENCUMBER FUNDS FOR ARCHITECTURAL CONSULTING SERVICES FOR PUBLIC SAFETY HEADQUARTERS STUDY

WHEREAS, the East Bay Regional Park District desires to assess the ability to accommodate the current and future needs of the Public Safety Division headquarters and other District uses at its current Lake Chabot location; and

WHEREAS, under the original contract for services INDIGO/Hammond & Playle Architects, LLP, Davis, CA, provided the architectural services needed to assess the suitability of candidate sites and for potential relocation of the Public Safety headquarters and gained unique experienced in the specific space requirements, needs and standards of the Public Safety Division; and

WHEREAS, under a subsequent amendment to the contract for services INDIGO/Hammond & Playle Architects used that experiences in the evaluation of the existing Public Safety headquarters site and study of four (4) site alternative and phasing plans to determine if expanding at the existing there would be functional and cost effective; and

WHEREAS, work under this amendment would further develop the consensus solution, including final site plan layout, phasing plan, floor diagrams, preliminary building elevations and three dimensional illustration, revised cost estimate, schedule, preliminary infrastructure concept diagram, final report and future presentations at Executive Committee and a regular meeting of the Board;

WHEREAS, there are funds available for transfer in Project No. 250000 (Future District Facilities) to perform this work;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby accepts the attached Budget Change form that will transfer funds from Project No. 250000 (Future District Facilities), and authorizes the encumbrance of additional funds in the amount of $68,500 and an amendment to the current contract with INDIGO/Hammond & Playle Architects, LLP, Davis, CA, for the provision of additional consulting services; 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.

103 Moved by Director , seconded by Director , and adopted this 12th day of August, 2014 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

104 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation X Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Captial Fund- Account Name: Expense: OTA Fund- Land Acquisition Department-District Design & Construction Administration Wide-Work in Progress-Future District Department-District Wide-Service-Needs Facilities-Contracted Services Assessment at Public Safety Headquarters-Contracted Services

Account: 333-6330-000-7010/ 250000 Account: 336-7110-000-6191 / 500900 DS10-009 $ 68,500 DS10-009 $ 68,500 TRANSFER BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: OTA Capital Fund-Non-Departmental-District Fund-Non Departmental-District Wide- Wide-Transfer Out Transfer In

Account: 333-9110-000-9980 $ 68,500 Account: 336-9110-000-3980 $ 68,500 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on August 12, 2014, the General Manager recommends that the Board of Directors authorize the transfer of $68,500 district funds from the capital project for Future District Facilities to the Other Than Asset Project for Public Safety Headquarters Needs Assessment, to allow for a contract with INDIGO/Hammond & Playle Architects, LLP of Davis, CA.

As approved at the Board of Directors Meeting on date: 8/12/2014 Board of Directors Resolution Number: 2014-08- Posted By: Posted date: Signature:

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106 FINANCE AND MANAGEMENT SERVICES

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. Authorization to Amend the 2014 Budget to Designate Dumbarton Quarry Tipping Fee Revenues for use at Coyote Hills Regional Park and Appropriate Funds for Project Expenditures (Auker/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the amendment of the 2014 Budget to designate past and future revenue received from the Dumbarton Quarry Associates (DQA) tipping fee agreement to fund improvements, future maintenance, and operations at Coyote Hills Regional Park.

REVENUE/COST

This action will create a new special revenue fund for revenues received by the District as a result of the DQA agreement(s) for use at Coyote Hills. GASB 54 requires special revenue funds to have a specific revenue source which is committed for a specific purpose by the highest level of government (i.e. the Board of Directors).

Board approval of this action will:  Establish the new Coyote Hills Special Revenue fund  Transfer funds from the General Fund Balance equal to revenues received under the Dumbarton Quarry agreement(s) prior to 2014; amounting to $1,228,665  Transfer additional revenue received to date in 2014; currently $654,580  Direct that all future revenue received from the DQA be placed in this fund.  Appropriate funds for District staff expenditures related to the implementation of the agreement and construction of the campground, currently estimated at $120,000.

TRANSFERS AND APPROPRIATIONS:

PROPOSED BUDGET TRANSFERS FROM: Account 101-9110-000-9980 General Fund-Transfer Out of GF Fund Balance $ 1,228,665 Account 101-5161-265-3791 General Fund-Tipping Fee Revenue $ 654,580 $ 1,883,245

107

PROPOSED BUDGET TRANSFER TO: Account 261-9110-000-3980 Coyote Hills Special Revenue Fund- Transfer In From General Fund $ 1,228,665 Account 261-5141-265-3791 Coyote Hills Special Revenue Fund- Tipping Fee Revenue $ 654,580 $ 1,883,245

APPROPRIATION FOR EXPENDITURE TO: Capital Project for the Dumbarton Quarry Transition Account 333-7110-136-7020/149300DSCH-372 $ 120,000

BACKGROUND

The construction of a campground and new public use area at the Dumbarton Quarry area of Coyote Hills is a high priority for the District. The District first entered into an agreement with DQA beginning in August 1977, and that agreement has been amended several times to reflect changing conditions and events.

The District began receiving revenue from quarry tipping fees at the Dumbarton Quarry in May 2001. Between 2001 and 2014 the District has received over $1.88 million in cash revenue from Dumbarton Quarry Associates and Pacific State Environmental Contractors, a customer of Dumbarton Quarry Associates. In addition to the direct funding, between 2005 and 2008 the District also received gravel and delivery services with a total exchange value of $542,024.

The Fourth Modification of Indenture and Agreement for Transfer of Real Property and Settlement with Dumbarton Quarry Associates (DQA) was authorized by District Resolution 2012-11-288 and executed on November 4, 2013. This agreement confirms that DQA shall transfer the property, provide certain capital improvements, and continue to pay a tipping fee to the District for each load of fill material placed on the quarry property. The fee is currently $10 per truck load and will incrementally increase to $13.50 by 2030. It is currently anticipated that it may take until 2029 to fill the entire quarry. It is difficult to estimate the future revenue, however in 2013 the District received $916,390 and first three payments in 2014 equal $654,580.

The DQA agreement, while providing for construction of a campground, leaves several key components for the District to construct, and provides an opportunity for the District to upgrade Coyote Hills Regional Park’s aging service and public facilities. For this reason, it is appropriate to establish this special revenue fund and designate this source for the development and maintenance the Coyote Hills Regional Park, including construction of an on-site service yard and campground amenities that are not required to be provided by DQA. By transferring the tipping fee revenue from the General Fund to this Special Revenue fund, this revenue will be designated for future development, maintenance and operation in this area.

108

ALTERNATIVES

The Board could decline to establish and fund this special revenue fund, or choose to direct staff to incorporate this action in the 2015 Budget process.

109

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2014 - 08 -

August 12, 2014

AUTHORIZATION TO AMEND THE 2014 BUDGET TO DESIGNATE DUMBARTON QUARRY TIPPING FEE REVENUES FOR USE AT COYOTE HILLS REGIONAL PARK AND APPROPRIATE FUNDS FOR PROJECT EXPENDITURES

WHEREAS, beginning in 1977 the District has entered into and amended agreements related to the transfer of property known as the Dumbarton Quarry; and

WHEREAS, on November 4, 2013, the Fourth Modification of Indenture and Agreement for Transfer of Real Property and Settlement with Dumbarton Quarry Associates (DQA) was executed confirming that DQA shall transfer the said real property, provide certain capital improvements, and pay a tipping fee to the District for each load of fill material placed on the quarry property; and

WHEREAS, the District has the desire to commit the tipping fee revenue for the development and maintenance the Coyote Hills Regional Park, including construction of an on- site service yard and campground amenities that are not required to be provided by DQA; and

WHEREAS, the District has the desire to create a new special revenue fund, in accordance with GASB 54 which requires special revenue funds to have a specific revenue source which is committed for a specific purpose by the highest level of government (i.e. the Board of Directors); and

WHEREAS, the District has determined that $1,883,245 in revenue has been received from the Dumbarton Quarry (tipping fees) between 2001 and 2014; and

WHEREAS, the District anticipates that future revenues will be received under this agreement until the cessation of fill activities at the site, estimated to be 2029;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the amendment of the 2014 Budget and transfer/reclassification of Dumbarton Quarry tipping fee revenue received to date, and all future fees collected from this source, from the General Fund to the new Coyote Hills Regional Park Special Revenue Fund 261 for future maintenance, operations and improvements at the Coyote Hills Regional Park; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District authorize the transfer and appropriation of $120,000 from Coyote Hills Regional Park Special Revenue Fund 261 to capital project 149300 DSCH Dumbarton Quarry Transition, as per the attached Budget Change form; and

110

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

Moved by Director , seconded by Director , and approved this 12th day of August, 2014, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

111 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation X Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNTAMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Design & Construction Administration Department-Dumbarton Quarry-Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills Special Revenue Funding-Contracted Services

Account: 333-7110-136-7020 / 149300 DSCH-009 $ 120,000 TRANSFER BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Coyote General Fund-Non-Departmental-District Hills Special Revenue Fund-Non- Wide-Transfer Out Departmental-District Wide-Transfer Out

Account: 101-9110-000-9980 $ 1,228,665 Account: 261-9110-000-3980 $ 1,228,665 Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Capital Coyote Hills Special Revenue Fund-Non- Fund-Non Departmental-District Wide- Departmental-District Wide-Transfer Out Transfer In

Account: 261-9110-000-9980 $ 120,000 Account: 333-9110-000-3980 $ 120,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on August 12, 2014, the General Manager recommends that the Board of Directors authorize the transfer of $1,228,665 prior year "tipping fees" collected from the Dumbarton Quarry site, to be placed in a new special reveune fund: 261. The same board action requests the Board approve the appropriation of $120,000 from the new fund, into a project for the Coyote Hills/Dumbarton Quarry campground project. As approved at the Board of Directors Meeting on date: 8/12/2014 Board of Directors Resolution Number: 2014-08- Posted By: Posted date: Signature:

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112 BOARD AND STAFF REPORTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

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

Livermore Area Recreation and Park District – Carnegie SVRA/Tesla

On Tuesday, June 10, 2014, the Board of Directors of the Livermore Area Recreation and Park District (LARPD) unanimously voted to keep the Tesla area, located adjacent to Carnegie State Vehicular Recreation Area (SVRA), in the LARPD Master Plan. The Board also directed staff to comment on the Draft Environmental Impact Report (DEIR) being prepared as part of a General Plan update for the SVRA by the State Department of Parks and Recreation Off Highway Motor Vehicle Recreation (OHMVR) Division. Additionally, the Board of Directors voted 3-2 to communicate LARPD’s support for permanent preservation of the 3,478 acres commonly known as the Alameda-Tesla properties, and to oppose expansion of off-highway vehicle use into those properties. The State Parks OHMVR Division has operated the 1,540- acre Carnegie SVRA since 1979. Located within Alameda County, the Alameda-Tesla properties were acquired by the State in the late 1990’s with the goal of expanding the SVRA. The Draft EIR and related General Plan update being prepared by the OHMVR Division are intended to address this potential expansion of off-highway vehicle use onto the Alameda-Tesla properties. The Draft EIR is scheduled for release in the fall of 2014. The Tesla area is also shown on the Park District’s 2013 Master Plan as potential future District parkland.

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114 GM COMMENTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Acting Wildland Vegetation Manager Denise Defreese will present on the vegetation program and some joint projects with the Integrated Pest Management program.

GM COMMENTS

Mission Peak Update In response to the ongoing complaints about parking-related issues, and late night visitors entering Mission Peak Regional Preserve after posted curfew hours, the Police Department embarked on a directed patrol effort which focused a greater number of resources than typically occur with routine patrols. The Department’s enforcement period began on July 18, 2014 and will continue until August 14, 2014.

First, Public Safety rented an illuminated message board (such as those used by Cal Trans on State Highways). The solar powered sign is illuminated every night and bears the message that park curfew is from 10pm until 5am. Neighbors affected by the sign were contacted and advised of the temporary sign. Public Safety is also working with Operations and Public Affairs to place permanent signs with a higher degree of visibility on the fences and gates at the Stanford entrance.

Teams of officers have been responding nightly to Mission Peak at about 9:30pm warning and turning away people entering the park. The crowds of people showing up after hours have been significant. Officers stay well past curfew and have been issuing both warnings and citations, the numbers of which are printed below. Clearly, the busiest nights have been Friday and Saturday, although officers have consistently written citations every night of the week. To date, the most contacts made by the Police Department in a single night total about 140 persons, including a combination of curfew citations, warnings, and parking violations. Fremont Police Department is aware of our enforcement efforts but have been unable to provide assistance due to their limited resources.

Officers have returned to the area consistently at approximately 3:45am to 5:00am to determine the impact of the early morning crowds. As of August 5, 2014 officers have turned away over 200 carloads of people trying to enter the park before the curfew has expired. Officers have learned that the early crowds are most interested in watching the sunrise from

115 the Peak. Our enforcement efforts have been conducted using a combination of schedule adjustments, redeployment of personnel from other assignments within the District and through overtime assignments. On many nights the Police Department has had to abandon the enforcement efforts in response to higher priority calls elsewhere within the District given the Department’s limited resources. As citations are issued, officers have the ability to collect demographic information which is also indicated below. One new element that we have dealt with is the occurrence of auto burglaries of park visitors who parked on surface streets during their visit to Mission Peak after curfew hours.

Grand Totals, July 18, 2014 through August 4, 2014:

Exit warnings (10pm to 10:15pm) 366 Entry warnings (3:45am to 5am) 257 Parking Citations (in EBRPD lot) 59 Curfew Citations (10:15pm and beyond) 352

More detailed demographic information is available upon request.

Lake Closures Due to Water Quality Issues Shadow Cliffs Lake On 7/23, Shadow Cliffs Swim area was closed to swimming and the lake was closed to all body, water contact. It is thought that when the lawns died due to lack of water for irrigation the resident Canada Geese concentrated along the lake shore. This led to an increased concentration of excrement in the water which led to higher than normal e-coli counts. Normal acceptable limits are in the range of 235 colonies per 100 ml of water. Readings at the South Beach swim area were > 6000 colonies per 100 ml of water. The District sought and received permission from Fish & Wildlife to “haze” the Geese, which is to harass or chase them away from the lake. Continued testing showed a reduction in numbers of e-coli which by 7/ 29 reached levels that allowed staff to reopen the lake to swimming.

Lake Temescal Around July 4th, staff noticed the increasing presence of blue/green algae (also known as Cyanobacteria) in the lake. Tests were performed with samples being sent to a special lab in Florida for identification which confirmed the presence of Microcystis a species of Cyanobacteria that releases toxins upon cell death or lysis.

Toxin levels of 4 – 20 are considered acceptable with moderate risk for human exposure. The readings at Temescal varied from a low of 200 to a high of 5000 thus the lake was closed to swimming on 7/18. To reduce the levels of cyanobacteria and the resulting toxins the lake has been treated with a product called PAK 27 which binds up phosphorus thus depriving the algae of nutrition and causing it to die. This proved effective in removing the algae from the lake but not from the mouth of Temescal creek where it can still be found. The algae in this location were still producing toxins at high enough levels to keep the lake closed to human contact. District staff, representatives from the Health Dept. and Dr. Alex Horn from UC Berkeley will meet on site tomorrow 8/6 to determine if further treatments of PAK 27 are required and

116 what the next course of action will be. The lake will remain closed until toxin levels fall below acceptable levels.

Lake Del Valle Water Levels Water quality at the South Bay pumping plant (Delta) continues to be good thus the contract water agencies have not started to draw down Del Valle. The current lake level is just over elevation 702 and we are fully operational.

Willow Park RFP The RFP for renewal of the WPGC concession was posted last Wednesday 7/23. At the mandatory pre-proposal conference and site meeting held on Tuesday 8/5 25 persons attended representing 19 separate organizations. Based on the current schedule staff are planning to bring a recommendation to the Board Operations Committee in October and a final recommendation to the full Board in November. Due to the tight timeline of this RFP District staff are negotiating with a private corporation to provide interim golf course operations in the event that a viable operator is not selected via the current RFP process. The interim operator would be charged with providing normal golf course operations including course play, maintenance, limited pro-shop retail operations, as well as snack bar and bar services. The restaurant and banquet facilities would not be part of this interim operation agreement.

Multicultural Trail Maintenance Day Over 60 volunteers participated in the Park District’s 4th annual Multicultural Trail Maintenance Day on July 12 at Garin Regional Park. The Korean American volunteers led the cultural exchange component of this year’s work day with warm-up exercises, kim chi and sushi rolls for lunch, dance performances, and contribution of raffle prizes.

OPERATIONS DIVISION Interpretive & Recreation Services Department Interpretive Services Unit Ardenwood: On July 4, approximately 1,462 visitors attended the Old-Fashioned Independence Day special event. This year a new record was set in the Watermelon Seed Spitting Contest, for 8 to 11 year olds, with a distance of 22 feet 2 inches.

Big Break: On July 5, the Visitor Center re-opened after partial closure for the new permanent exhibit installation: Welcome to Big Break, The Heart of California, Explore the Wetlands, Demands on the Delta.

Black Diamond: On June 12, naturalists spoke with 350 visitors about gopher snakes, reptiles, and nearby parks, during the Green Footprint Festival at Small World Park in Pittsburg.

Coyote Hills: On June 8, more than 2,000 people attended the 15th Annual Butterfly & Bird Festival. Local conservation groups, youth organizations, volunteers, and docents helped make the event a success.

Crab Cove: On July 11, nearly 2,000 people attended the Concerts at the Cove sponsored by the Alameda Rotary and the Regional Parks Foundation (RPF). Families enjoyed exhibits,

117 activities on the deck, the wine and beer garden, and an information table outdoors. Musical entertainment was provided by R&B band BeaufunK. Sunol: On June 29, staff and docents hosted a mini-HPHP event. About 100 members of the public participated in creek-themed activities and walks. Whole Foods Market of Fremont was hired to hand out healthy snacks and drinks.

Shadow Cliffs: On June 26, as part of the Outdoor Discoveries pre-school program, staff piloted pre-school astronomy activities for 16 participants, in collaboration with the Astronomical Society of the Pacific.

Tilden Nature Area (TNA): On June 14, staff and volunteers held an HPHP special event Passport to History, which featured live music, crafts, and an exploratory walk in the park. Attendance was low, at approximately 250 visitors, due to the construction project and parking lot closure.

On July 4, TNA fully re-opened. New features include the sewer system replacement, ADA- access to the Little Farm, parking lot paving, new farm restrooms, and new carpet in the Environmental Education Center.

Recreation Services Unit Community Services/Volunteers: As of June 30, approximately 3,234 volunteers have contributed 31,529 hours of service to the District.

Recreation: From June 15 – August 1, 48 teens enrolled in the “Leaders-in-Training” program; gaining job experience, improving leadership skills, completing community service hours, and supporting Day Camp operations.

Reservable Facilities: On June 4, a compostable food waste bin replaced a dumpster at the Brazilian Room. This replacement will significantly reduce garbage sent to landfills.

Reservations: The success of the 2014 "Free Third Friday" promotion is being measured by the visitor count, captured by those Point of Sale locations configured to record the visits.

Community Outreach On June 6, staff provided information about the Park District to 30 families from the Foothill Square Early Head Start in East Oakland.

On June 7, approximately 17 youth and families from UCSF Benioff Children’s Hospital Oakland’s Primary Care Clinic attended an HPHP program at Crab Cove Visitor Center as part of the Parks Prescriptions pilot program which involves Public Affairs, Community Outreach, and Interpretive staff collaborating with staff and physicians from UCSF. RPF funding allows the program to continue the first Saturday of every month through 2014.

On June 26, staff presented to 75 students and staff at Phillips Academy in Alameda. Students from the academy will be participating in summer activities with Outdoor Recreation staff and three fall field trip programs are planned to East Bay Regional Parks.

118 Cultural Services On June 17, staff met with the State Office of Historic Preservation, the Native American Heritage Commission, and California Indian Heritage Center staff to introduce the Cultural Services Coordinator position and discuss policies, protocols, and procedures.

On June 6, 12, and 25, staff conducted cultural site monitoring visits at Morgan Territory, Leona Canyon, and Round Valley identifying key cultural site stewardship issues including impacts from bootleg trails, vandalism, and the existence of sites not in the District’s Cultural Site Atlas.

Maintenance & Skilled Trades Department North County Trades: The crew is finishing three important projects: the Little Farm restrooms, TXI restrooms and laundry, and the Affinito Residence upgrades and repairs. The Merry-Go-Round concession and residence were completed with carpentry, plumbing repairs, and interior painting. A waterline leak was repaired on the lawn of the Environmental Education Center. The Botanical Garden was fitted with a new HVAC heat pump which has the capacity to support future air conditioning upgrades.

South County Trades: Carpenters completed the interior walls for the entrance kiosk at Sunol. The old kiosk was demolished. The painter repainted the Equipment shop restroom and floor. The ADA crew formed and placed concrete slabs for drinking fountains at Cattail and the kiosk in Contra Loma. They also constructed a drinking fountain slab for the Trudeau Training Center. The plumber excavated and repaired three sections of the Don Castro sewer main. Staff assisted the Sanitation Supervisor to pump out and pull the sewage ejector pump at Little Hills concession for a needed overhaul. Rangers mowed and weeded the corporation yard to reduce the fuel load for fire season. Carpenters demolished a burned section of the Cull Canyon Swim Complex shade structure. The plumber designed a new suction system for the irrigation turbine pump at Shadow Cliffs in collaboration with Water Utilities.

Pavement Maintenance & Preservation Program: The Garin, Cull Canyon, and MLK parking lots received asphalt repairs and ADA improvements. The South County Corporation Yard received asphalt repairs and slurry seal to its storage area. Briones and Black Diamond received pot-hole repairs to their entrance roads in preparation of future asphalt maintenance.

Roads and Trails crew: Staff completed a large paving project at the TNA and the parking lot at Indian Camp in Tilden Park and improved access to the TNA. The EEC/Little Farm pathway is now ADA compliant. Staff prepared Crown Beach for the annual sand castle event. Roads and Trails completed parking lot improvements at Briones/Springhill staging area.

Sanitation/Recycling crew: Staff worked with Roads and Trails to locate an existing leach field at Tyler Ranch in Pleasanton Ridge. The crew started compost collection at the Lake Chabot Café and the Brazil Room and upgraded wastewater pumping station controls at Lake Anza.

Water Utilities Maintenance crew: Electrical work is complete at the Sunol shop and kiosk. The crew moved into their new shop at South County.

119 Park Operations Interpretive Parklands Unit Black Diamond: Environmental Graphics and Operations staff coordinated the posting of signs to direct people to the park, navigating around county road work at the entrance.

A rare plant species, Lime Ridge Navarretia, was discovered on the Barron Landbank. Garin: Staff adjusted the irrigation heads in the meadow to let the meadows go yellow-brown, saving well water for the apple orchard.

Pleasanton Ridge: Park Rangers responded to several public inquiries about the shuttle rides to the top of the ridge, which seem to be going well.

Vaquero Farms: On June 28, staff removed a quarter mile of barbed wire and “H” braces with assistance from a fence removal expert.

Lakes Unit Del Valle: Staff is keeping in contact with the Department of Water Resources and other water agencies regarding water levels and the planned lake draw down schedule. Drought signs were installed throughout the park.

Three new horse corrals for Caballo Loco equestrian camp were delivered and installed.

On June 7, the Spring into Summer Competitive Trail Challenge Ride took place. Nearly 125 people attended the equestrian trail obstacle challenge ride, sponsored by the founder of Rehab Ranch.

Quarry Lakes: On June 14, the Catfish Open Water Swim was held with 450 participants.

On June 22, the Pacific Masters Open Water Swim had 200 participants.

Coyote Hills: On June 3, Operations, Public Affairs, Land Acquisition, and Public Safety staff coordinated a press conference recognizing the Patterson family donation of 296.4 acres.

On June 1, nearly 400 people attended the Small Steps Foundation 5K and 10K Family Walk-a- thon to raise funds for educational supplies for under-developed schools in India.

Shadow Cliffs: On June 27 and 28, approximately 3,000 people participated in the California Sprint & International Triathlon.

Parklands Unit Operations and Foundation staff met with Berkeley Rotary members to discuss maintenance of the Rotary Peace Grove. Rotary members want to volunteer two September Saturdays in addition to donating $5,000 to the Regional Parks Foundation for work in the grove.

120 Event Calendar

August - September 2014

Date Day Time Event Location Sponsoring Organization 8/15/2014 Friday 5 pm - 7:30 Concerts at Contra Loma: Contra Loma EBRPD pm Foreverland, Tribute to Michael Jackson

8/15/2014 Friday All Day Free Third Friday All Parks EBRPD 8/16/2014 Saturday 10 am - 7 pm Cajun/Zydeco Festival Ardenwood EBRPD

8/2-8/10/2014 daily 8:30 am - 12 California Invasive Various Parks EBRPD pm Species Action Week 8/5/2014 Friday 5:30 pm - Concerts at Contra Loma: Crab Cove Vistior EBRPD 7:30 pm Battle of the Bands (3 Center, Alameda local bands) 8/19/2014 Tuesday 11:30 am - Iron Horse Trail Creekside Park, EBRPD and City of 12:30 pm Pleasanton Dedication Pleasanton Pleasanton 8/23/2014 Saturday 8 am - 11 am Mission Peak Public Mission Peak EBRPD Information Day 8/23/2014 Saturday 8 pm - 10 pm Free Outdoor Movie Night Ardenwood EBRPD featuring Babe 8/30-9/1/2014 Saturday - 10 am - 4 pm Historic Rail Fair Ardenwood EBRPD Monday 9/1/2014 Monday 12 pm - 4:30 Mine Open House Black Diamond EBRPD pm Mines 9/1/2014 Monday 10 am - 12 Labor Day Fun! Coyote Hills EBRPD pm & 1:30 pm - 3:30 pm

9/1/2014 Monday 11 am - 3 pm Tilden Nature Area Open Tilden EBRPD House 9/6/2014 Saturday 12 pm - 4 pm Garin Apple Festival Garin EBRPD

9/13/2014 Saturday 5 pm - 10:30 80th EBRPD Anniversary Claremont Hotel EBRPD pm Gala Dinner

9/19/2013 Friday All Day Free Third Friday All Parks EBRPD 9/20/2013 Saturday 8:30 am - 12 Coastal Clean Up Various Parks EBRPD pm 9/21/2014 Sunday 10 am - 3 pm Stone Age Olympics and Coyote Hills EBRPD Knap-In 9/27/2014 Saturday 8 pm - 10 pm Outdoor Movie Night Tilden Nature Area EBRPD featuring A Bug's Life 9/28/2014 Sunday 11 am - 4 pm Tilden "Passport to Tilden Nature Area EBRPD History" an EBRPD 80th Anniversary Public Event

Updated 8/6/2014 1 of 1 121

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122 BOARD COMMITTEE REPORTS

BOARD EXECUTIVE COMMITTEE Thursday, July 10, 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. Renaming of the Martinez Intermodal to Althoff / Breines Crockett Segment of the San Francisco Bay Trail to the George Miller Trail

R 1:15 2. Alameda Point – VA Policing Contract Anderson / Ruppenthal

3. 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)

123 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

a. Board Executive Committee (7/10/2014) (Wieskamp)

Present

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

Staff: Diane Althoff, Tim Anderson, Lisa Baldinger (Intern) Lance Brede, Raphael Breines, Guy Fairon (Intern), Jack Hamner (Intern), Erich Pfuehler, Becky Pheng, Jeff Rasmussen, Mark Ruppenthal, Jim Townsend

Public: Eri Suzuki (Local 2428)

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

1. Renaming of the Martinez Intermodal to Crockett Segment of the San Francisco Bay Trail to the George Miller Trail

Raphael Breines, Acting Chief of Planning and GIS, presented this agenda item. Mr. Breines provided the Committee with an overview of the location of the 1.7-mile trail, which is located in Martinez and part of Martinez Regional Shoreline. The trail currently being constructed was a former county road that was closed in the 1980s after it was severely damaged by a landslide. In the early 2000s, the Park District entered into negotiations with Contra Costa County to convert the road to a trail. The project is expected to be completed in October 2014.

Staff has proposed that the 1.7-mile trail be named George Miller Trail in honor of the service of Congressman George Miller III, who announced earlier this year that he will not seek a 21st term in the House of Representative this fall. Congressman Miller is a life-long resident of Contra Costa County and has a family home in Martinez. He has been an advocate for federal funding and critical legislation to support the Park District’s mission to protect public open space, and was a key supporter in helping to secure the $10.2 million TIGER II grant. Congressman Miller has also been a catalyst in the following projects:

 Pt. Pinole Regional Shoreline Atlas Bridge project (helped secure two grants);

124  Concord Hills Regional Park (helped authorize legislation to establish Port Chicago Naval Magazine National Memorial and joint partnership between National Park Service and Park District); and  Breuner Marsh restoration project (helped secure $1.5 million grant from EPA).

The Committee concurred with staff’s recommendation and found it appropriate to name the trail in honor of Congressman Miller.

By motion of Director Sutter and seconded by Director Dotson, the Board Executive Committee voted 3-0 to approve and recommend to the full Board the renaming of the Martinez Intermodal to Crockett segment of the San Francisco Bay Trail to the “George Miller Trail”.

2. Alameda Point – VA Policing Contract

Tim Anderson, Assistant General Manager for Public Safety, introduced this agenda item. Mr. Anderson gave a short overview of the terms of the contract for policing services with the Department of Veteran’s Affairs. The proposed contract is for an initial term through September 30, 2014, with a series of three annual extensions valued at $181,000 per year to provide policing services on federal property at Alameda Point. Police Captain Mark Ruppenthal presented an aerial map of the site, and talked about the services that public safety will be providing at the site. Jeff Rasmussen, Grants Manager, discussed the financial terms of the contract, noting that an annual 8% COLA is included. Director Sutter asked staff to clarify the services that public safety will be providing at the site and the number of patrols that officers will be required to make each day. There was also discussion about the possible impacts on police services as a result of the additional patrols. Captain Ruppenthal responded that officers will be required to patrol the site 3-4 times per day and staff is not aware of any major incidents or problems at the site.

By motion of Director Dotson and seconded by Director Sutter, the Board Executive Committee voted 3-0 to approve and recommend to the full Board that the Park District enter into a contract with the Department of Veterans Administration to provide policing services on federal property at Alameda Point.

The meeting was adjourned at 1:20 p.m.

Respectfully submitted,

Becky K. Pheng

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126

BOARD FINANCE COMMITTEE

EAST BAY REGIONAL PARK DISTRICT 2950 Peralta Oaks Court Oakland, CA

Wednesday, June 25, 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. AGENDA STATUS TIME ITEM Page # STAFF (I) 12:45 p.m. 1. Other Post Employment Benefits Update 1-15 CERBT (I) 1:15 p.m. 2. East Bay Regional Park District Retirement Plans Update 16-53 Milliman (R) 1:45 p.m. 3. First Quarter 2014 Financial Report 54-58 Harper (R) 2:00 p.m. 4. March 31, 2014 Investment Report 59-62 Harper (R) 2:15 p.m. 5. 2015 Measure CC Expenditure Plan 63-77 Collins 6. Request to Cancel July 23, 2014 Finance Committee Meeting Harper 2:30 p.m. 7. Public Comment (R) Recommendation for future Board consideration (I) Information (D) Discussion

2014 Meeting Dates (all meetings are on the 4th Wednesday of the month unless otherwise noted): July 23, August 27, September 25 (Thursday), October 22, November 19 (3rd Wednesday)

BOARD FINANCE COMMITTEE MEMBERS: Ted Radke-Chair, Doug Siden, Whitney Dotson, Ayn Wieskamp-alternate

Distribution/Agenda Distribution/Packet Ayn Wieskamp Robert Doyle Dave Collins Jim O’Connor Carol Severin Carol Victor Sakari Beshears Kevin Harper John Sutter Deborah Spaulding Pam Burnor David Sumner Beverly Lane Meadow D’Arcy Tyrone Davis Cliff Rocha Norman LaForce Sharon Corkin Sharon McAleavea Bruce Kern Afton Crooks Allen Pulido Kim Balingit Yolanda Barial Precious Shelton Mimi Waluch

127 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, August 12, 2014

C. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

b. Finance Committee Minutes and Recommended Actions from the June 25, 2014 (Wieskamp)

Attendees Board: Directors Ayn Wieskamp (Alternate for Ted Radke) Whitney Dotson and Doug Siden

Staff: Robert E. Doyle, Dave Collins, Kevin Harper, David Sumner, Kim Balingit, Nadine Vargas, Megan Jones, Meadow D’Arcy

Speakers: John Swedensky of CERBT and Marty Dirks of Milliman Inc.

Public: Bruce Kern, Debra Auker

Alternate committee member Ayn Wieskamp began the meeting at 12:45 PM with the introduction of committee members.

Agenda Item No. 1 Other Post Employment Benefit (OPEB) Annual Investment Performance Report

AGM Dave Collins introduced the annual OPEB (Retiree Medical Benefits) report, which included beginning asset balances, contributions, payments and ending asset balances, the fees, and retirement plan asset allocation strategy and comparison to benchmark.

Beginning asset balance (cash basis): $24,732,244 Employer contributions 4,238,249 Asset earnings (including unrealized gains/losses) 3,668,194 Retiree distributions -1,532,268 Fees: CERBT -41,473 Bartel actuary services -25,270 Ending asset balance $31,039,676

128 He then introduced California Employer’s Retiree Benefit Trust Fund (CERBT) OPEB plan administrator, John Swedensky.

Mr. Swedensky provided an overview of CERBT-CalPERS as trust administrator:

 Valuation Summary The total actuarial accrued liability is $54.3 million. The annual required contribution is approx. $4.37 million. The District participates in the asset allocation investment Strategy No. One, which allows for a greater rate of return. Currently, the Trust short term discount rate is reported at 6.75%, but with the expectation of earning up to 7.61% on the long term.  Account Summary As of 12/31/13, the District’s initial contribution transferred from the prior trust provider was $23 million with additional contributions of $6.2 million. Disbursements were at $1.9 million; at year end, the District had $31 million in assets in trust fund. The overall gain was $3.8 million. Mr. Swedensky advised that the fund earned a 14.21% annualized internal rate of return for 2013.

Committee member Doug Siden requested clarification on the disbursements back to the District. Mr. Swedensky advised the purpose of the trust fund is to receive contributions, invest the money, and then reimburse the District for eligible retiree medical expenditures (premiums). AGM Collins reminded the committee the reason District moved to a trust account was so the District could invest the required funds for a longer term to earn a higher rate of return than would otherwise be possible.

Committee member Wieskamp inquired how the District is doing compared to other public agencies. Mr. Swedensky responded the District is 50.61% funded compared to the majority of other agencies in Strategy One, which are 24% funded. Committee member Wieskamp responded this information is good for employees to know.

Committee member Siden asked how benchmarks are determined. Mr. Swedensky replied the benchmarks used for the District’s asset allocation strategies are industry standards.

 Financial Reporting Updates The OPEB accounting standards changes: o New standard is to require posting the entire net OPEB liability on the balance sheet.

Committee member Wieskamp asked if there is any merit to these changes. Mr. Swedensky responded that GASB 45 was originally released in an effort to: 1) mirror the private sector currently recognizing OPEB liabilities, and 2) be more transparent on liabilities, however it wasn’t completely transparent as footnotes were used to note entire liabilities on financial statements.

129 Interim CFO Kevin Harper added the District is not required to implement this change until calendar year 2017.

RECOMMENDATION: None, this is an information item only.

Agenda Item No. 2 East Bay Regional Park District Retirement Plans Annual Performance Report

AGM Collins shared that the following report is related to the District’s closed plan formerly referred to as the Transamerica Plan Retirement Plan.

AGM Collins reported that annually the Finance Committee is required, per the investment policy, to receive a report on the investment activity for the EBRPD Retirement Plan. The 2013 report provided information on beginning assets, contributions, distributions and ending assets, as well as details of fees paid.

Beginning asset balance (MV) $34,855,532 Employer contributions 2,290,116 Asset earnings (including unrealized gains/losses) 4,766,443 Retiree distributions -3,892,054 Fees -89,060 Ending Asset balance (MV) $37,930,977

The report included a graph representing the EBRPD Retirement Plan 2013 as well as actual returns compared to benchmarks.

AGM Collins introduced Marty Dirks of Milliman, Inc. to discuss 2013 investment performance and future strategies.

Mr. Dirks reported on the 2013 investment return highlighting that all asset categories met or exceeded benchmark. The plan is ahead of schedule.

AGM Collins discussed the historic asset values and funding ratios. He wanted the committee to be aware of two major events over the 20 year period: In the year 2000, assets were transferred from this plan to the newly created PERS retirement plans in an amount proportional to the number of employees that elected to transfer to CalPERS. Also in 2005, the Board added additional funding to the District Safety and General Employee plans to increase their funding ratio.

Committee member Wieskamp asked if staff is comfortable that plan is in good shape.

AGM Collins confirmed staff is comfortable with performance of plan.

RECOMMENDATION: None. This is an information item only.

130 Agenda Item No. 3 First Quarter 2014 General Fund Reports and Unaudited Financial Statements

Interim CFO Kevin Harper presented the First Quarter 2014 General Fund Reports and Unaudited Financial Statements. This is a new format for quarterly financial reporting, combining budget and expenditure information in a single report. Mr. Harper distributed handouts summarizing first quarter revenues and expenditures for the District.

Committee member Ayn Wieskamp asked why the format change. Interim CFO Harper advised in the past there were two similar reports that were financially related; by combining the two the hope is to make it easier to understand the linkage between the two.

General Fund Revenues & Expenditures Revenue highlights:  Revenues are on track to end the year at budget.  $23 million in expenditures over revenue compared to prior year $12 million of expenditures over revenue. This significant difference was expected due to a change in timing of receipt of property tax revenues (received at the end of second quarter).  A change in RDA pass through revenue also contributed to the difference from the prior year’s activity. The tax increment money that comes throughout the year is late this year, to date only $70,000 has been received compared to $3.4 million received last year.

Expenditure highlights:  Personal costs are the largest expenditure category, at $16.1 million compared to prior years $15.2 million. Major increase is due to cost of labor, benefits and six new FTE’s.  Transfers Out are $12.2 million in 2014 compared to $6.6 million in 2013. The difference is that, in 2014, all the amounts that were budgeted were transferred in the first quarter, whereas, in prior years not as many transfers were budgeted.

INTERNAL SERVICE FUND  Major Infrastructure Renovation/Replace Fund. The District transferred $6 million from the smoothing fund and $1.4 million transferred out for projects.

GM Robert E. Doyle emphasized the importance of this recent policy decision to put away money into the Major Infrastructure Renovation Fund. Committee member Wieskamp suggested noting on the Major Infrastructure transfers out what the District is accomplishing.

AGM Collins mentioned as the District’s system becomes more complex, it is staffs obligation to the finance committee to provide reports that are both useful and not so full of information that you can’t discern the important elements that you need to see.

RECOMMENDATION: Motioned by Doug Siden and seconded by Whitney Dotson that the Finance Committee recommends to the full Board of Directors to acceptance of First Quarter 2014 General Fund Reports & Unaudited Financial Statement. Motion Approved.

131 Agenda Item No. 4 March 31, 2014 Investment Report

Interim CFO Harper presented the March 31, 2014 Investment Report and informed the Committee that the total of the District’s cash and investments as of March 31, 2014 was $300,900,740.  Pooled cash/investments managed by the CFO equaled $182.3 million, $4.8 million more than cash/investments as of December 31, 2013. The increase is a result of: o A transfer of funds managed by the fiscal agents to funds managed by the District: $15 million was moved due to the recent interpretation by Union Bank that debt service funds are to be managed by the District, not the trustee o Normal expenditures during the time period  The 2014 investment earnings budget total $575,236, which is more than 25% of the 2014 budget. The District’s investment return underperformed the short-term benchmark by .02% and outperformed the mid-term benchmark by .22%.  Banking and investment fees are consistent with prior years totaling $37,536.

Committee member Wieskamp asked what prompted District’s revised control of the debt service funds.

Interim CFO Harper informed the Committee that the trustee of the 2013 Measure WW bond funds, Union Bank, had performed a routine review of the documentation for the account and concluded that the District, rather than the trustee bank, was responsible for administration and control of the debt service funds. Therefore, the change has been made and the District is now in compliance with legal documentation.

RECOMMENDATION: Motioned by Doug Siden and seconded by Whitney Dotson that the Finance Committee recommends to the full Board of Directors acceptance of the March 31, 2013 Investment Report. Motion Approved.

Agenda Item No. 5 2015 Measure CC Expenditure Plan

AGM Collins presented the 2015 Measure CC Expenditure Plan to the Finance Committee. Provisions of Measure CC require an annual expenditure plan to be adopted by the Board of Directors. The purpose of this item is to review the proposed expenditure plan and recommended it be adopted as the basis of the 2/14/2015 Tax Report and 2014 Budget.

AGM Collins provided committee members with handouts illustrating ongoing and first time funding projects.

GM Doyle added at beginning of next year the District will publish a report for the public on Measure CC funds to show what District has accomplished, monies remaining and projects completed along with a polling to get a sense of how public feels about accomplishments.

132 Committee member Wieskamp suggested that in the report the District ask for public ideas about building up on the Special Fund.

AGM Collins concluded report advising 2014 Measure CC had a beginning balance of $2.3 million and the ending fund balance is $3.2 million to spend.

RECOMMENDATION: Motioned by Whitney Dotson and seconded by Doug Siden that the Finance Committee recommends to the full Board of Directors acceptance of the Measure CC 2014 budget and adopted as the basis for the 2014/2015 Measure CC Tax Report. Motion Approved.

Agenda Item No. 6 Request to Cancel July 23, 2014 Finance Committee Meeting

Interim CFO Harper requested permission to cancel July 23, 2014 finance committee meeting. Motion approved by all finance committee members.

Agenda Item No. 7 Public Comments

No Public comment.

Alt. committee member Wieskamp adjourned the meeting at 2:05 p.m.

Next meeting is August 27, 2014 at 12:45 p.m.

Respectfully submitted Connie Swisher Finance Department

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134 NEWSCLIPS

1

There’s a New Bird Species in California, Sort Of

Molly Samuel, KQED Science | August 4, 2014

The bird formerly known as the California clapper rail. (Len Blumin/Flickr) An endangered bird that lives in the Bay Area is not what scientists thought it was. The California clapper rail is a noisy, rare bird that looks a little like a small chicken and only lives in marshes around San Francisco Bay. But it’s not, in fact, a clapper rail. It’s a subspecies of something else.

“The rails have been confusing people for a really long time,” explains James Maley, the collections manager at the Moore Lab of Zoology at Occidental College. He says the rails in California have baffled scientists since they were first described, 140 years ago.

The roots of the confusion go back to the East Coast, where there were two rail species: king rails and clapper rails. Then there were a bunch of different subspecies scattered around North and South America, including three here in California. One of those is the one we’ve been calling the California clapper rail.

‘The rails have been confusing people for a really long time.’– James Maley, Occidental College

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At first scientists thought the western birds were a subspecies of the king rails, then they decided the birds were clappers.

“But nobody could figure it out,” says Maley. “I looked at the genetics and figured out the birds in California are actually neither king or clapper rails.”

Turns out, they’re their own thing, which Maley named, “Ridgway’s rail,” after Robert Ridgway, the ornithologist who first described the birds.

The newly-minted Ridgway’s rail includes three subspecies: our local California Ridgway’s rail; the light-footed Ridgway’s rail in Los Angeles and San Diego; and the Yuma Ridgway’s rail in Arizona, Nevada and eastern California. All three of them are endangered; changing their name does not change their status.

It’s part of a larger split Maley proposed. Two rail species will now be five: king rails in the eastern U.S. and the Caribbean; clapper rails in the eastern U.S. and Cuba; mangrove rails in South America; Aztec rails in the Mexican highlands; and the Ridgway’s rails.

This all became official when the American Ornithologists’ Union, which has the last word on North American bird species, released its “check-list supplement” at the end of July.

Bird books will need an update, and serious birders will get to add another species to their lists if they’ve seen both East Coast clappers and what are now Ridgway’s. Another thing that will have to change are all those informational brochures and signs at Bay Area parks. For instance, this pamphlet, from the East Bay Regional Park District.

When I called to ask what they usually do about this kind of situation, Carol Johnson of the East Bay Parks was at a loss.

“I can’t remember the last time a species changed its name like that,” she said. But she added, the parks reprint their pamphlets relatively regularly, and she’ll just add the new name to the list of things to change.

This sort of thing could come up again. Maley says changes like this, based on genetic research, are becoming more common. In a place as well-studied as

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California, the people discovering new species are wearing lab coats, not pith helmets.

“There are a lot of species out there that we didn’t know were species until we looked at their genes,” he says.

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A Tale of Two Tern Towns in the Bay Area

Sharol Nelson-Embry, East Bay Regional Park District | August 1, 2014

Adult least tern fish in nearby waters and return to feed their mates or young chicks. (Cal Walters)

The Bay Area boasts two of the northern-most California least tern breeding colonies in Alameda and Hayward, along with a few smaller colonies all the way to Sacramento. Alameda and Hayward also host two of the largest nesting colonies for the least terns north of Ventura County. Small enough to fit in your cupped hands, adult least terns travel to our area, as well as to other widely scattered nesting colonies along the coast between here and Mexico, to set up their summer nesting colonies. Their winter territories aren’t well known, but it’s suspected they migrate south to the coasts and islands off central and northern South America. These small birds survive on baitfish, such as anchovies and silversides, which they catch by diving headfirst into the water. They remind me of tiny kites hovering and diving into the bay, flying back out with glinting fish in their beaks.

The nesting colony at Alameda Point has shelters to provide cover for chicks from the hot sun and predators. (Cal Walters)

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Listed as a federally Endangered Species in 1970, and at risk of extinction, their numbers have rebounded from a low of 225 nesting pairs. Their population has been growing with the establishment of new breeding colonies over the last 40- plus years. Scientists haven’t yet been able to declare them “out of the woods” and downlist or delist them, however, due to a lack of sufficient protected breeding areas. The Center for Biological Diversity explains on their website that, “The total population size of 1,200 breeding pairs for down and delisting was reached in 1988 and all subsequent years. The downlisting criterion of 24 colonies was met in 1996 and all subsequent years. The delisting criterion of 33 colonies was met in 2003 and 2004. However, neither the down nor delisting requirements for distribution and viability have been met. While human disturbance has been managed with fencing at most nesting areas, protection from native and non-native predators will require permanent management commitments to ensure continuing viability after the species is recovered and delisted.”

It takes a lot to establish and maintain these protected breeding areas. As ground nesters, least terns have many bird and mammal predators. I recently talked with Dave Riensche (affectionately known as “Doc Quack”), the East Bay Regional Park District’s (EBRPD) wildlife biologist who manages the Hayward colony, and Susan Euing, wildlife biologist with the US Fish and Wildlife Service (USFWS) who monitors the Alameda Point colony. Alameda has the larger of the two colonies, first noticed in 1976 when the Navy was still actively landing planes in the area. The Alameda colony is having a great hatch year with 78% success rate, up from an average of 72% over the last 7 years. The colony’s success is attributed to intensive predator monitoring by a large group of volunteers along with favorable fishing conditions. The open bay habitat surrounding Alameda provides a diversity of small fish for the adults and chicks.

The Hayward colony is newer, established in 2001 on an island in the Hayward Marsh complex, and monitored and maintained by EBRPD with a dedicated volunteer effort. EBRPD colony caretakers undergo a year-long training commitment with a minimum of five shifts. They work in pairs and monitor for predators on the colony. Riensche noted that this year they’re experiencing an astounding 90% hatch rate and have 112 fledglings so far. The Hayward colony provided a great secondary nest site in 2012 when predation at Alameda Point from a variety of raptors, from American Kestrels to Peregrine falcons, drove many terns to re-nest there. Both colonies manage for weed control during the non-nesting time of year and import gravel and oyster shells to maintain the

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nesting substrate and camouflage least terns require. Both colonies can use volunteers and donations to continue their good work.

To read more about the California least tern predator monitoring effort, see my previous blog post, “Observing Life and Death in the CA Least Tern Colony.”

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HEALTH & FITNESS Shadow Cliffs Park in Pleasanton to reopen

Beach at Shadow Cliffs Lake in Pleasanton

By Laura Anthony

July 30, 2014

OAKLAND, Calif. (KGO) --

A park in the East Bay that's popular with swimmers will reopen Wednesday.

Shadow Cliffs Lake in Pleasanton had been closed since last week due to dangerous levels of E.coli. Hal MacLean with East Bay Regional Parks says it's a problem created in part by the drought, because the dead grass is no longer inviting for all the geese.

"The grass is brown," he said. "Right now we're not watering the lawns, so that's an area where the geese would normally congregate. Now the geese are congregating at the beaches. And so goose feces and low water quality is an issue."

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New water tests found the levels have dropped significantly.

In the meantime, Oakland's Lake Temescal remains closed to swimmers due to a buildup of toxic blue-green algae in the water.

Alternatives to Lake Temescal

1. Lake Anza at Tilden Regional Park Lake Anza Road off of Central Park Drive Berkeley, CA 94708

2. Roberts Pool at Roberts Regional Recreation Area 10570 Skyline Blvd Oakland, CA 94619

Alternatives to Shadow Cliffs Regional Recreation Area

1. Castle Rock Recreation Area 1700 Castle Rock Road Walnut Creek, CA 94598

2. Quarry Lakes Regional Recreation Area 2100 Isherwood Way Fremont, CA 94536

3. Del Valle Regional Park 7000 Del Valle Road Livermore, CA 94550

4. Cull Canyon Regional Recreation Area 18870 Cull Canyon Road Castro Valley, CA 94546 (between Heyer Ave. & Columbia Dr.)

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Water shut off at popular pond amid algae concern

Frog Park pond dried up

KTVU.com , July 29, 2014 OAKLAND, Calif. —

The water was shut off at a popular East Bay pond because of concerns about algae contamination. Adding to those concerns was confusion about which government agency is in charge of the pond and the water in it that hundreds of children play in every summer.

The pond at Frog Park, in the Rockridge neighborhood of Oakland near Claremont and Hudson avenues is usually full of water and children.

Dressed in his swim shirt and trunks, 6-year-old Riley Duncan came to Frog Park prepared.

“I thought the water was going to be on,” he said, disappointed that the pond was dry.

“We were going to have a play date and play in the water, all our six kids together, so this is kind of disappointing,” said his mother, Kristine Duncan.

Normally, water is pumped into this pond from an underground culvert, but officials with the Alameda County Flood Control and Water Conservation District turned that pump off on Friday, after the neighborhood group that

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oversees the park found out about health concerns with the water source. The water in the culvert that is pumped into Frog Pond, comes from Lake Temescal.

A toxic algae bloom at Lake Temescal has kept the water here off limits to swimmers since Thursday.

After the members of the Friends of the Rockridge Greenbelt, or FROG Committee learned about the closure, there was confusion about whom to call to shut off the water pumps.

“This has never happened before, there wasn't exactly a road map for, oh, call this person, do this,” FROG committee member and Frog Park co-founder, Theresa Nelson said.

KTVU learned that Alameda County is in charge of the water, they have a license agreement with the City of Oakland to operate the land as a park, but no one is in charge of testing the water on a regular basis to make sure it’s safe to play in.

Oakland Public Works officials told KTVU the same is true for any creek, pond or stream that's not a designated swimming area.

Hank Ackerman with the Alameda County Flood Control and Water Conservation District said his agency does test the water when there is a report of a spill or other unusual event.

Neighbors are hoping to change that with help from of the city and possibly, volunteers. Behr said the committee is also relying on support from residents and volunteers to make other improvements to the park, like new play structures and swings sets. Last month, the committee began fundraising the last of the $50,000 needed to add the new features.

“We're a community group and we're doing our best to work with the city,” said FROG park chair Carol Behr, “we’d like to see who's going to take responsibility for testing, and when will it be tested and get the water tested hopefully on a more regular basis.”

After Behr and KTVU brought the issue up, Alameda County water officials did test the water Tuesday to see if algae is a problem. They won't have the results until later this week.

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Rescued birds find new home in Richmond

By Jennifer Baires For the Contra Costa Times 07/23/2014

Jasmine Brown ,6, , center, Jordan Temple ,6, and Christopher Smith ,8, , right, release an egret at Point Pinole Regional Shoreline on Wednesday, July 23, 2014 in Richmond, Calif. (Aric Crabb/Bay Area News Group) (ARIC CRABB)

RICHMOND -- A waterfront park got a few more residents with the assistance of some eager youngsters. Eight black-crowned night herons and snowy egrets were released along the western bank of Point Pinole Regional Shoreline Park in Richmond on Wednesday afternoon. The birds, which were found injured or orphaned in urban areas around the East Bay, were rehabilitated at the International Bird Rescue's San Francisco Bay center. The center, located in Fairfield, received a record number of herons and egrets this year -- about 450, which is nearly double the amount from previous years. Andrew Harmon, a spokesman for International Bird Rescue, attributed the increase to more public awareness of the birds and how to report injured or abandoned ones.

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An egret sits in a eucalyptus tree after being released at Point Pinole Regional Shoreline on Wednesday, July 23, 2014 in Richmond, Calif. (ARIC CRABB) Many of the black-crowns came from Oakland, Harmon said. For those birds, the release was the first time they ever saw natural habitat. "They might be stumbling around a little bit, trying to figure out what to do next," Harmon said, with a note of concern, before the birds were released. On hand to help send the birds out into the marsh were about two dozen kids between the ages of 6 and 10 from the Richmond Police Activities League, a local organization that teaches youths in West Contra Costa County through athletics, academics and art. In groups of four, the kids carefully brought cat carrier-sized red and blue boxes to the release site, a small clearing under the shade of a sprawling eucalyptus tree. They set the boxes down under the tree and knelt next to them as Harmon instructed each group on how to open the box. The kids, who moments earlier had been laughing, teasing one another and playing, became quiet and solemn as each opened their box. Within seconds, all of the boxes were opened, and after a beat, the white and black birds took off to startled yells and giggles from the kids. Some of the snowy egrets flew a couple of laps around the group before landing in the trees nearby. "OK, now you've got to come back to the park to find your bird," quipped Marty Barillas, a spokesman for Chevron Richmond, which helped organize and support the event. As for the young birds, all of which are around 3 months old, organizers hope the birds will stay in -- or at least near -- the park, where they'll be safe from the

146 3 conditions that landed them at the International Bird Rescue's center in the first place. "This is a natural habitat for them," Douglas Bell, the wildlife manager with East Bay Regional Parks, said. "And they're quite social birds and will roost colonially. If we're lucky, they might fly over to nearby Brooks Island, where they can join another large colony and increase their likelihood of survival."

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Danville historian blazes new trails as a modern-day pioneer of San Ramon Valley politics By Joyce Tsai Contra Costa Times 07/22/2014

DANVILLE -- Several years ago, Beverly Lane was working on one of the many exhibits she coordinates for the Museum of the San Ramon Valley each year -- this time on the centennial anniversary of women winning the vote in California. As the museum's longtime curator, she helped to collect treasured pictures, cartoons, posters and other relics of the women's suffrage movement that brought to life the stories of local women and men who fought for the vote -- like Lillian Close and Libbie Wood, who formed the Danville Equal Suffrage Club in 1911; and Elmer and Livia Cox, who joined the county's earliest women's suffrage groups in 1869. "It was an abundance of riches, and it was a fascinating story, too," Lane said. "These women were just extraordinary. It was just pure fun for me."

Beverly Lane, who has lived in Danville for 41 years, poses for a portrait with her bike at the Museum of the San Ramon Valley near the Iron Horse Trail in Danville, Calif., on Monday, July 14, 2014. (Susan Tripp Pollard/Bay Area News Group) Lane, 76, could have herself been a woman showcased in the exhibit, blazing new trails in San Ramon Valley politics, even though her photo wasn't anywhere to be found on its walls. "Her fingerprints are all over this town," said the vice mayor, Mike Doyle, who has served 23 years on the town council. "She's been very instrumental in the history of Danville from day one, and she contributed quite a bit to making this town the wonderful place that it is, which I call Camelot.

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"And it's been delightful to work with her." One of the modern-day pioneers of San Ramon Valley politics, has was been a relentless agent for change. She was one of two women elected to Danville's first town council in 1982. And she played a crucial role in mapping the town's future as a newly incorporated town, for which she steadfastly campaigned. She served for a decade as one of the founding council members -- and as a three- time mayor -- helping create the first laws and policies. A faithful guardian and advocate of the area's rich historical, cultural and environmental resources, she also helped spearhead the creation of a museum for San Ramon Valley's residents -- new and old -- to serve as a bulwark against forgetting what she calls "the larger context" of the area's history dating to the Native Americans. The founding president of the Museum of the San Ramon Valley and former president of the Contra Costa County Historical Society, she is a local historian, published author and columnist -- a constant "hunter and gatherer" of local history and artifacts. And as a director of the East Bay Regional Park District for the past 20 years, Lane -- an avid bicyclist, tennis player, hiker and outdoors enthusiast -- has led efforts to create the Iron Horse Regional Trail, the Calaveras Ridge Trail and Sycamore Valley Open Space. In May, she was named by Sen. Mark DeSaulnier, D-Concord, "Senate District 7's Woman of the Year" for her record of public service and community activism in the East Bay. But it's only one of a cavalcade of other honors showered upon her for distinguished environmental, historical and cultural leadership. "Beverly's ardent advocacy for expanding parks and preserving local history has been key in making the San Ramon Valley such a vibrant community," DeSaulnier said. But her determination to stand up and be counted came over time, Lane said. "Being a 1950s girl, it took me awhile to stand up for myself and others," she said. She remembers her early days of running for office at times, when, she said, the occasional older gentleman would ask "if she had her husband's permission to run for office."

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It never cowed her -- she refused to let it. And she would always respectfully answer. "I would just say, 'He supports me doing this, and he's wonderful.' But nowadays, I'm likely to tell them what I think a little more than I did then," she said.

Beverly Lane, who has lived in Danville for 41 years, walks from the Museum of the San Ramon Valley onto the Iron Horse Trail in Danville, Calif., on Monday, July 14, 2014. (Susan Tripp Pollard/Bay Area News Group) Even before moving to Danville in 1973 with her husband, Jim, to whom she has been married 51 years, and three sons, she was a young mother who always balanced family demands with her passionate desire to give women more of a voice in political life, through work with the League of Women Voters. "There were a certain number of us in the 1960s that were very aware that we needed the change," she said. "And the skies were held up by both women and men. "The nice thing about our marriage was that it was a partnership," she said. When she first ran for office, it was her husband who not only encouraged her but also helped her campaign door-to-door, along with her three teen sons, she recalls. "It was a family project, so to speak," she said. If you ask what her secret has been, she simply says she was lucky to have the good health, energy and family support, to pursue her passions. It's actually nothing compared with what a lot of women do nowadays, juggling family life, sometimes with second and third jobs, she maintains.

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"How she has time to do everything, I have no idea," marveled Ayn Wieskamp, president of the East Bay Regional Park District board, who has known her 30 years. "She is absolutely dedicated to whatever cause she's working on." "The amount of stuff she's been involved in has been kind of mind-boggling for me," added Dan Dunn, the museum's director. "I think every area needs someone like a Beverly Lane, who will keep the local history alive for people." Contact Joyce Tsai at 925-847-2123. Follow her at Twitter.com/joycetsainews. Beverly Lane Age: 76 Hometown: Danville Claim to fame: One of Danville's founding council members and three-time mayor, founding president of the Museum of the San Ramon Valley, longtime director of the East Bay Regional Park District, helped lead establishment of the Iron Horse Regional Trail. Quote: "There were a certain number of us in the 1960s that were very aware that we needed the change -- and the skies were held up by both women and men." Hometown Heroes, a partnership between Bay Area News Group-East Bay and Comcast, celebrates people in the Bay Area who make a difference in their communities.

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Shooting ban causes rift in East Bay Park District and state agency

By Denis Cuff Contra Costa Times 07/21/2014

HAYWARD -- A ban on duck hunting on open Bay waters within 150 yards of regional shoreline trails has stirred a state-versus-local-power dispute over public safety and waterways. The East Bay Regional Park District reaffirmed its ban Tuesday despite protests by a state agency sympathetic to hunters' wishes to shoot ducks along the shoreline in the Hayward Regional Shoreline park.

Regional park operators say it's unsafe for duck hunters in boats to fire shotguns less than 150 yards from shoreline trails in the park district.

But duck hunters and the state Department of Fish and Wildlife say the park district overstepped authority to restrict a navigable waterway.

Waves of the San Francisco Bay Area approach the San Francisco Bay Trail near Oro Loma Marsh in Hayward Regional Shoreline in Hayward, Calif., on Thursday, July 17, 2014. Hunters want to be allowed to shoot inside a 150- yard no hunting zone by the shoreline. Hunters and the State Department of Fish and Wildlife say the East Bay Regional Park District has no right to limit hunters' access to navigable waters. But park managers say they have a compelling safety reason to limit shooting near the popular shoreline trail. (Ray Chavez/Bay Area News Group)

The park district has the authority to ban hunting on park lands. But the public -- including hunters -- have a right to access San Francisco Bay waters and park wetlands connected to the Bay, state officials say.

"This is a protected constitutional right," said Lt. Sheree Christensen, a warden supervisor with the California Department of Fish and Wildlife. "Duck hunting is a tradition hundreds of years old."

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State officials said state law already bars hunters from shooting "on or over" public roads or trails. That ban, they said, makes the park district rule an encroachment on state authority.

Park officials disagree, saying the state law isn't strong enough to protect Bay Trail joggers, hikers and cyclists from duck hunters who would to come close to the trails.

Several shoreline trail users agreed.

"I would be concerned about personal safety," said Michael Smith of Hayward, a regular shoreline trail jogger. "Most of the hunters would do the right thing, but if there is no 150- yard boundary and the ducks aren't where they want them to be, the hunters are going to go to the ducks."

Francisco Gomez, a Hayward resident, said the duck hunters should steer clear of a shoreline trail that people use to enjoy nature and wildlife.

"I come to enjoy the wild animals and birds," he said, "not to hear or see them get shot."

During its review of its safety rules Tuesday, the park district board made one concession to hunters. It dropped a ban on hunting in the Oro Loma and Cogswell marshes, located within Hayward Regional Shoreline, after the state complained the two areas were navigable waterways.

In both marshes, though, hunters cannott fire within 150 yards of a trail, park police said.

Mike Case, a duck hunter from Morgan Hill, said the park district's no shooting zone illegally deprives hunters of their rights to use navigable waterways.

During the fall-winter hunting season, Case said, hunters would like to bring their boats near the Hayward shoreline and use the levee as a "blind." Hunters, he said, would point their guns away from the trail.

Case said other areas along South Bay shoreline trails have been hunted for years without injuries to trail users.

Besides, he said, duck hunters go out in cold, rainy early mornings when trails are empty or sparsely used.

Park officials say the Hayward Shoreline trails attract thousands of trail users a month even during winter.

Hunters shoot ducks in San Francisco Bay waters within Point Pinole Regional Park in Richmond, but the hunting there is done in blinds far from shoreline trails, park district Lt. Jon King said.

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Fremont historic home might be saved, as Newark school house might be demolished

By Chris De Benedetti, The Argus 07/18/2014

A year after three historic Newark and Fremont homes were put on sale for a dollar, a buyer has stepped forward to save one, as the others seem headed for demolition. The Brown House, a two-story, three-room farm house built circa 1850, might be spared by a Southern California event planner who restores aged homes as a hobby. Tom Gandolfo said he plans to move and restore the historic building, and display it for educational and historical purposes. "I'm interested in the pioneering spirit of Americans moving West, working their way through the wilderness," Gandolfo said. "It's a very romantic notion and I'm driven by that." The two structures running out of time are Mowry's Landing School, a one-room school house built in 1884 and later converted to a residence, and the Bettencourt House, a 19th-century home built in what is now Fremont. The three buildings were moved 30 years ago to the Ardenwood Historic Farm Regional Preserve, but rising renovation estimates doomed the park district's plan to convert them into a history exhibit. Relocating and restoring the structures today would cost close to $1 million each, said Raphael Breines, the East Bay Regional Park District's acting chief of planning. Newark, which owns the 130-year-old school and the East Bay Regional Park District, owner of the two Fremont homes, say they can't justify the expense of saving them. Last year, they put the buildings up for sale for a $1 each. Few serious suitors since have stepped forward, except for Gandolfo, who put down a $5,000 deposit that will be refunded as long as he moves the Brown House by Oct. 31. Although moving and city permit costs could reach nearly $100,000, Gandolfo said the price is worth it because of the 337-square-foot home's historical value.

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"This is the ultimate in recycling and preserving our history," he said. "That needs to be taught in school because we live in a throwaway society." Newark and the East Bay Regional Park District leaders, meanwhile, continue work to get rid of the other two buildings. They've completed an environmental report and plan to obtain a demolition permit. After that, Fremont's Historical Architectural Review Board will examine the homes' histories while deciding their fate, Breines said. Unless a late-hour suitor steps forward, the Bettencourt House and Mowry's Landing School likely will be demolished. The schoolhouse has deteriorated so much there is little to salvage, said Newark City Manager John Becker. "It's been remodeled numerous times and it hardly resembles the one-room school house it used to be," Becker said. "There's very little, if any, historical value left." Although the park district is letting go of the Bettencourt and Brown houses, it has clustered several historic buildings, including a hay barn and blacksmith shop, at Ardenwood to depict southern Alameda County life in the 19th century. A bunk house where farmworkers ate and slept at the Patterson Ranch might soon be added, Breines said. The Brown and Bettencourt houses will have a different fate. "After years of agonizing, we realized it was not feasible to restore them," Breines said.

155 Permanent Protection

The Independent, July 18, Marilyn Russell As a long term resident of Livermore, specifically Tesla Road area for 37 years, I am writing to provide an update on events that are providing a growing support for permanently protecting the Tesla Park land.

Over 25 community organizations from the Friends of the Vineyards to the Livermore Heritage Guild to the Society for American Indians, plus several officials, support preservation of this exceptional and diverse 3400 acres. East Bay Regional Park District and LARPD identify the Tesla area as a potential regional preserve in their master plans because of its extraordinary natural, cultural, geologic, archeological, and wilderness resources. LARPD recently voted to support preservation of Tesla.

The City of Livermore and the County of Alameda committed to review the draft environmental impact report (EIR) given impacts the proposed off-highway vehicle park would have on Livermore residents that live along Tesla Road. The proposed motorcycle and OHV park would have significant effects on traffic, safety, water, and air quality.

It is important for future resource management to protect the 3400 acre Tesla land for agriculture and its natural resources. Supervisors Haggerty and Miley on the County Transportation and Planning Committee recently directed staff to write to State Parks about the need for the Draft EIR to analyze all foreseeable impacts from opening Tesla as an off-road vehicle park and consider non- motorized uses that will obviously have less impact.

These steps reflect the right public policy given the irrefutable facts that the extremely sensitive features in Tesla will be damaged by off-road recreation use, and that creating a nearly 5,000 acre off-road vehicle park with a new entrance across the street from Eagles Run Road, only 7.5 miles from City Hall, will deeply affect the quality of life for our valley and its residents.

156 El Sobrante: Tour to offer glimpse of future mini-park at public library

By Tom Lochner Contra Costa Times 07/18/2014

EL SOBRANTE -- A "special preview tour" for the public of a future mini-park behind the public library, 4191 Appian Way, at 10 a.m. Saturday will feature a native plant tour and a ribbon-cutting before a gallery of Contra Costa County and East Bay Regional Park District dignitaries.

The almost $1 million project will include restoration of a section of San Pablo Creek, which runs behind the library, as well as landscaping near the library, in partnership between the group San Pablo Watershed Neighbors Education and Restoration Society (SPAWNERS), the county Public Works Department, the county library and the office of county Supervisor John Gioia, according to a news release from Gioia's office.

The project will include interpretive displays, a new open public plaza for group gatherings, an enhanced demonstration garden, a children's sensory garden, expansion and resurfacing of the library parking lot, and replacement of the padding under the play structure.

Funding for the project will consist of $641,740 from the park district's Measure WW, $269,656 in county Park Dedication Funds and $80,000 from the county Library. The ribbon-cutting ceremony will be followed by refreshments and the plant tour, led by creek volunteer group SPAWNERS.

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Castro Valley: Golfers fear Willow Park course may close

By Rebecca Parr The Daily Review 07/18/2014

CASTRO VALLEY -- Golfers are fretting that Castro Valley's sole public course may shut down when its lease expires later this year. The regional park district has told golfers for more than two years that it wants to keep Willow Park Golf Course running, but no operator has been chosen, said the president of a golfers club.

"Here we are at the eleventh hour with no confirmation. We are skeptical and disappointed by the lack of progress and communication," said Steve Falzone, president of Willow Park Golf Club.

The 18-hole golf course will remain open, said Bob Doyle, East Bay Regional Park District's general manager.

"Believe you me, one way or another, we'll keep it open," Doyle said. "We know we have a facility people want to keep running. It's a very beautiful little site, in a secluded area surrounded by parks."

Willow Park is on the east side of Chabot Regional Park. "There's always deer, turkeys and geese on the course," Falzone said. "It's a lovely course."

Willow Park Golf Course opened in 1966, and its 50-year lease runs out at the end of November. The regional park district is just beginning to seek a new vendor. Golfers question whether there's enough time to get an operator before the lease expires.

Bid solicitation has been pushed back repeatedly, and lack of information has hampered the park district, Doyle said.

A preliminary request for bids is being reviewed and may be posted this week.

According to the district document, the course logged 40,000 rounds in 2013, up from 37,000 rounds the previous year but down from the late 1990s and early 2000s, when annual play was close to 50,000 rounds.

The new operator would have to upgrade the irrigation system and make other improvements that will cost more than $2 million, according to the district document.

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Many public golf courses have struggled during the economic downtown. Antioch's Lone Tree Golf Course receives a $276,000 city subsidy, and Pittsburg outsourced its public course in 2009 to help trim a general fund deficit.

Alameda's city-owned Chuck Corica Golf Complex is bringing in less money and fewer rounds, and the city recently brought in a company to manage it.

The Hayward park district's two public courses are beginning to see a slight increase in players, said its golf supervisor. But estimated revenues are not expected to cover costs this year, said Dan Giammona, manager of golf operations in Hayward.

"Golf's a very competitive industry. A lot of golf courses were built in the 1980s and '90s, and some of those haven't been able to sustain themselves," he said. "The older courses have to do a lot of things to compete and always make improvements."

Regional park officials also have been delayed in soliciting bids for Willow Park because they are dealing with other challenges, including trying to keep as many recreation facilities as possible open during the drought, Doyle said.

"We're a very big agency, and we've been very busy. We manage 113,000 acres in 65 parks," Doyle said.

Falzone's club usually conducts its membership drive and schedules its annual tournaments for the year in September. "We can't do anything until we know if the course will be open," he said. "If golfers leave, they're gone. It's like retail; trying to get them back is twice as hard."

The current Willow Park vendor does not plan to bid for a new contract, according to a letter sent earlier this year by general manager Rene Viviani to golfers. Viviani declined to comment for this story, saying an attorney had advised him not to.¿

Viviani and the district are in a legal dispute over flooding at the course several years ago, Doyle said.

The golf course is on watershed land owned by the East Bay Municipal Utility District, which leases the range to the park district.

An East Bay MUD director expressed frustration at the delay.

"I'm doing everything I can to get the ball rolling," said Frank Mellon, Ward No. 7 director who golfs at Willow Park. "But in the end, it's up to East Bay Parks."

The district will find a temporary operator, Doyle said. "If there's any lapse, it will be tiny," he said. "It is certainly our goal to keep it open."

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Comfy camping: A night in a yurt or tent cabin, better than on the ground?

By Denis Cuff Contra Costa Times 07/16/2014

OAKLAND -- Overnight camping: it's not just for the young and those with spines tough as nails. The East Bay Regional Park District, trying to lure in first-time campers, will add its first "convenience" overnight camp sites featuring tent cabins or yurts on elevated platforms. They will feature matresses on cots or bed frames. The district's camping master plan approved Tuesday also calls for 13 new family and backpacker/equestrian camp sites to meet increasing demand for camps close to home rather than hours of driving away. Park managers say they hope to appeal to first-time campers without tents, or aging or disabled campers who want an outdoor experience without roughing it. "It's one step up from sleeping on the ground," said Jim O'Connor, the district's assistant general manager for operations. "It can be for people trying out camping for the first time or baby boomers who still want to be outdoors but find it a little harder to sleep on the ground." Adding convenience campgrounds is top priority over the next seven years in the district's camping program, a set of long-term priorities for the regional park system and its 112,000 acres of park land in Contra Costa and Alameda counties. The plan updates were adopted on a 6-0 vote board vote Tuesday. Other park agencies have already opened six convenience camps in the Bay Area with some form of elevated structure and a wood or tent roof. They include Mt. Tamalpais State Park in Marin County and the Boethe-Napa Valley State Park near Napa. Before building one of the camps, the East Bay park system must do planning studies and environmental reviews, and come up with the money to build one.

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Sites being considered are Sunol Regional Wilderness south of Pleasanton, Chabot Regional Park near Castro Valley, and the site of an old brick plant in the Carquinez Regional Shoreline Park west of Martinez. The convenience camps can be a "gateway" to camping for people who don't own tents or sophisticated gear, consultants from 2M Associates of Berkeley told the park board. Campers still must bring their own sleeping bags, food and coolers, but the tent or cabin roof provides protection against rain and sunlight. The convenience camps could enable the park district to serve a broader variety of campers, attract more campers in the offseason, and generate more revenues, said Steve Spickard, a 2M economist The convenience camps would be expensive to develop, though. One at Sunol Wilderness could cost up to $1 million, according to preliminary estimates. Park managers say they will need to look for grants and other money sources for new camps as part of the district's annual budget process. The district's camping plan also calls for an overhaul of the aging Chabot Park campground, where camp sites run $22 to $30 a night -- and would be higher for "convenience" sites. Among the new facilities would be a family camp at Carquinez Regional Park east of Martinez, a Delta regional park east of Brentwood and Dumbarton Quarry Park near Fremont; and a group camp at Vargas Plateau Park by Fremont. The plan also calls for new backpacker/equestrian camps at Diablo Foothills near Walnut Creek, and Wildcat Park above Richmond, and conversion of a group camp to a backpacker camp in Briones Park near Lafayette The district currently has some 225 overnight family campsites that may be reserved, 75 at Chabot and 150 at Del Valle Regional Park in Livermore, plus many group camp sites in other parks.

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Council zones federal property for park

Michele Ellson

July 16, 2014 -

The City Council okayed plans for the Jean Sweeney Open Space Park on Tuesday. Image courtesy of the City of

Alameda.

The City Council voted unanimously Tuesday to rezone federal property near Crab Cove for park use – and to remove contested language from a companion measure council members said was designed to spell out what the council will do if the city is sued over the zoning change.

The companion measure was approved as it was originally written on a 3-2 vote, after a nearly two-hour hearing that saw frustrated city leaders questioning supporters of a proposed ballot measure to rezone the property for a park about their opposition to the city’s measure.

Since the council opted to approve the zoning change as an ordinance, it won’t be on the November 4 ballot. It will instead go into effect on August 14.

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It’s not yet clear what if any impact the decision will have on the lawsuits that are piling up around proposed development of the site – or whether new ones may be filed as a result of the change.

The city-drafted companion measure lays out a pair of options the council will consider – new taxes or sale of the Neptune Pointe property – to cover the city’s costs in the event the zoning change prompts a lawsuit from the federal government or Tim Lewis Communities, the developer that is in contract to purchase the 3.9-acre property, or a judgment against the city.

Either party could claim the city reduced the value of the property by changing the zoning to only allow a park there. They have 120 days after the new zoning goes into effect to sue.

The zoning measure’s backers threatened to sue the city after staffers added language to the companion measure hours into the July 1 meeting allowing the council to reverse its decision if the city is successfully sued over it or put it on hold pending a decision in Alameda’s favor.

The measure’s proponents have said to do so would violate state election law, which requires any decision to amend or repeal a citizen-sponsored ordinance to be made by the voters. But City Attorney Janet Kern disagreed.

“I do not believe that the fiscal responsibility measure is a repeal or modification of the open space ordinance,” Kern said.

At the July 1 meeting, Kern had characterized the “stay or suspend” language in the companion measure as a new power the council doesn’t currently have. But when pressed by council members on Tuesday, she said that council members can stay or suspend the zoning change, even if it’s not spelled out in the ordinance.

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Some park expansion supporters questioned whether the language would invite a lawsuit that could lead to the zoning change sought by the initiative being quashed, one of several contentions that touched off heated exchanges between city leaders and expansion backers.

The council – which billed the companion measure as an accountability effort that detailed the council’s options for covering the costs of a suit or judgment, since most of the powers it outlined are ones the council already possesses – nixed an amendment from Councilman Tony Daysog that would have listed cutting services and shifting funds from the city’s budget as an option, leading Daysog to vote against the companion measure. Vice Mayor Marilyn Ezzy Ashcraft also voted against the measure.

Daysog said he felt people had made it clear they want a park on the federal property, regardless of the fiscal impacts, and he wanted people to know that using existing funds could be considered. But Mayor Marie Gilmore said she didn’t know if people who signed petitions to put the zoning change on the ballot were also signaling their assent for programs to potentially be cut.

Councilwoman Lena Tam said she wanted citizens to know the council doesn’t want to use existing funds to be used for a lawsuit or judgment resulting from the zoning change.

The council voted in 2012 to zone the Neptune Pointe property to allow homes as part of a state-mandated housing blueprint that requires the city to show how its policies and programs will support housing development. But the East Bay Regional Park District, which has long sought the land to expand Crab Cove but was unsuccessful in its quest to obtain it from the federal government, sued in an attempt to undo the zoning.

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Park district representatives didn’t speak at Tuesday’s meeting; expansion backers have said they signaled an intent to settle the lawsuit in a June 30 letter, though a park district spokeswoman didn’t return an e-mail seeking comment for an earlier story.

Representatives for the federal government and Tim Lewis Communities have also not publicly said what their next move will be. So far, two lawsuits have been filed in connection with the development plans and a third is pending.

Emotions run high at City Hall over the park district’s suit, which city leaders have repeatedly said they were surprised by and which City Manager John Russo has said the city is not close to settling. Those emotions were on display Tuesday night as Mayor Marie Gilmore and Russo challenged park expansion backers who have blamed the city for the fallout that followed the council’s decision to allow homes on the Neptune Pointe parcel; council and city staff members typically don’t debate speakers from the dais.

Gilmore and other council members have said the companion ordinance was drafted to show Alamedans that the city will protect its finances in the event of a new suit; expansion backers said they think it’s unnecessary and that they fear it’s a ploy to provide the council a way to quash their measure, a charge council members and Russo denied.

And council members said they feel like there’s a lot they can’t say due to the park district suit; litigation strategy is typically discussed behind closed doors.

In other news, the council approved a new housing blueprint without including a plan to create a task force to look into the impacts of rising rents. The council will instead consider creating a task force independent of the housing blueprint; city staff will gather feedback about what it should look like from interest groups and bring it back to the council in September.

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Tam, who abstained from the 4-0 vote, said she thought the task force was needed. Gilmore said she feared doing so could draw the intervention of the state, which approves the plans and monitors their effectiveness. The Planning Board recommended putting it in the housing blueprint on a split vote, but City Planner Andrew Thomas said it should be removed, saying work on that would disrupt his department’s other projects.

The Alameda Association of Realtors strongly opposed the task force, with dozens of members and clients sending letters to the city. But housing advocates, who pointed out that more than half the city’s residents rent, said rising rents are a growing crisis that could tear at the fabric of the community.

Members of Renewed Hope presented an informal rent survey they have conducted over the past several months, while renters offered the council their own stories detailing their struggles to find and keep housing here.

Catherine Relucio said her family was recently forced to move, and that her new rental home costs 30 percent more than her last one.

“One more rent increase, and my girls and I will be forced to move out of town,” she said.

Milo Garcia said he was recently notified he has 60 days to leave his rental home; the middle school janitor, who is part of the Alameda Police Department’s citizen policing program and is a member of the committee overseeing Measure A school parcel tax spending, said some of his fellow custodians and that they have been forced out of Alameda as a result.

“My life in Alameda has suddenly become frozen. I’m trying to catch up, but I cannot,” Garcia said.

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The council also approved a master plan for the new Jean Sweeney Open Space Park. Parks chief Amy Wooldridge said she’s seeking out grants to help cover the estimated $8 million cost of the 22-acre park, which will include a nature playground and bicycle skills track, butterfly and community gardens and educational space.

Park booster Dorothy Freeman said a friends group has been set up to raise money for the park.

167 Crab Cove expansion backers protest proposed Alameda ordinance

July 15, 2014 By Michele Ellson SF Gate Blogs

Proponents of a ballot measure that would rezone 3.9 acres of federal property near Crab Cove for park use are crying foul over a city-drafted companion measure that, if enacted, would give the City Council the power to put their initiative on ice.

“We feel it is an attack on our ballot measure,” said Karin Lucas of Friends of Crown Beach, which drafted the zoning measure. Lucas and a leader of one local environmental group said they may sue if the city’s so-called “fiscal responsibility” measure is enacted.

The council voted unanimously on July 1 to rezone the McKay Avenue property – where a housing development was being considered – for park use instead, codifying park backers’ measure instead of putting it on the November ballot. A final vote to approve the new zoning for the property, which the federal government has dubbed Neptune Pointe, is scheduled for tonight.

But members also voted, 4-1, to enact a companion measure that would allow the council to put the new zoning on hold if the city is sued as a result of the change – powers the council doesn’t currently have, which were added to the city measure in the wee hours of Tuesday night and approved early Wednesday morning.

Those, too, are up for a final vote tonight. If the council approves them tonight, the ordinances will go into effect on August 14.

Here’s the latest on this ongoing saga.

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Tilden Little Farm, merry-go-round re-open to public

July 10, 2014 Tracey Taylor Berkeleyside

The cow barn at Tilden’s Little Farm which has reopened to the public after 10 months. Photo: EBRPD

Nearly 10 months after it closed in order for necessary sewer work to be done, Tilden’s much-loved Little Farm has reopened to the public. The park’s vintage merry-go-round is also spinning again, after being taken over by new management.

The timeline for the sewer construction project was originally five months, but the scope of the work became increasingly large, said David Zuckermann, Supervising Naturalist at East Bay Regional Parks District.

“We originally thought we would be reopening in February,” he said. “But then we had to keep extending that month by month.”

Zuckermann said that it was only when crews began trenching the area that the scale of the job became apparent. “The sewer system is as old as the park, and Tilden, which is celebrating its 80th anniversary this year, is one of the three original East Bay parks,” he said. (The other two are Sibley and Lake Temescal.)

During the work, several areas other than the farm were also closed, including Indian Camp parking lot, picnic area, play structure and restroom, and the Big Leaf picnic area and restroom.

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Chickens at Tilden Little Farm. Photo: Mary Flaherty

The work, funding for which was raised by the Measure WW bond passed in 2008, has resulted in a much more environmentally sound sewer system for the farm animals, Zuckermann said, including a 9,000 gallon holding tank which is located near where the park historically offered pony rides.

However, a visitor eagerly returning might not spot any immediate differences, said Zuckermann. Indeed a visitor earlier this week complained to Zuckermann about the long closure and added: “What did you do? I don’t see anything.”

In fact the delays proved beneficial in that they provided more time to get improvements done other than the sewer work, according to Zuckermann. The Nature Center has been repainted and fitted with new carpets, the farm is now fully ADA accessible, there are pedestrian paths in the parking lots, and “brand new, beautifully designed bathrooms,” he said.

Meanwhile, the antique Tilden merry-go-round is also back in action under new management. Terri Oyarzùn and her family, who had managed and operated the 103-year-old carousel since the previous operators retired in 1993, were replaced after their second 10-year contract expired last year. The new operators are Sycamore Concessions Corporation who run Sycamore Concessions, a company with about 50 employees, originally from the Bay Area but currently overseeing operations within Columbia Historic State Park in Tuolumne County.

This story was updated with a correction, namely that Tilden park used to offer pony rides. It doesn’t do so now.

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Berkeley backs off homeless plan

By Doug Oakley Oakland Tribune 07/10/20

BERKELEY -- The city has given residents of a homeless camp on Gilman Street under Interstate 80 a reprieve from its threat to clean up the trash and belongings there on Tuesday if they don't clean it up themselves. The city's environmental health division on Thursday circulated a public notice terminating its previous notice warning residents they had to clean up or face removal of their property. "The action is based on reports by the East Bay Community Law Center that occupants are actively working with numerous city agencies to find housing," the notice said. "This action will allow occupants additional time to make relocation arrangements."

Trash from a homeless camp under Interstate 80 at Gilman Street in Berkeley, Calif., is piling up on Wednesday July 9, 2014. The city has given campers until July 15 to clean it up. (Doug Oakley/Bay Area News Group) The notice said the city will not wait forever, though: "The camp activity and accumulations continue to contribute to rodent harborage and create a public nuisance. The City will monitor the situation and may without further notice take appropriate action ... including the removal of personal property." Osha Neumann, a lawyer who represents the homeless, said the new notice is welcome news but he thinks the city is not playing by the rules. "The city can't take an action that would involve the removal of people's property without notice, and I don't see why it would want to," Neumann said. "I hope that's not what it's contemplating. Meanwhile, we believe that Public Works

174 2 should place some trash receptacles at the Gilman underpass and begin trash pickup there. That would eliminate a lot of the problems that led to the initial abatement notice."

A camper moves his bike and trailer as Berkeley police check on homeless people under the Interstate 80 overpass on Gilman Street in Berkeley, Calif., on July 9, 2014. The city has given the campers until July 15 to clean up their trash. (Doug Oakley/Bay Area News Group)

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Albany, Berkeley at odds over homeless migration

Carolyn Jones, SF gate

July 9, 2014

Former Albany Bulb resident Alexander "Sandy" Wilson now lives with his dog, Jerry Bear, in People's Park in Berkeley. Photo: Tim Hussin

A clean up notice posted at one of the encampments on the Bulb on Friday Nov. 22, 2013 in Albany, Ca. The City of Albany is implementing a waterfront park transition plan that would move people living in the Albany Bulb into a temporary shelter, with the eventual transfer of the Bulb to McLaughlin Eastshore Park. Photo: Michael Macor, The Chronicle

Homeless living on Albany Bulb face removal

Allen Lange, 39, doesn't miss the Albany Bulb, a windy former landfill along San Francisco Bay where he spent the past few years in a lively and sprawling homeless camp.

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The underside of the Gilman Street overpass is a vast improvement, he said. Fewer rats, for starters. Better food options. More tolerant passersby.

"The Bulb was pretty cool, but things are a lot better here," he said Tuesday as cars whizzed by the Interstate 80 off-ramp in Berkeley. "They help people out here. The city, the people in cars. They're always giving us things. People are just very generous."

Lange was among the 40 or so homeless people Albany cleared out of the Bulb in April, as the city prepares the 31-acre site to become part of Eastshore State Park. Some of the Bulb residents left voluntarily, some were forced out by police, and some received $3,000 payouts from the city to not return to Albany for a year.

Many decamped to Berkeley, and some officials there have accused Albany of dealing its homeless problem to its neighbors.

"Should we now pay our homeless to go somewhere else, like Oakland? Berkeley doesn't do that," said Berkeley Councilwoman Susan Wengraf. "It's very frustrating, because I think Berkeley pays an unfair burden for the region's homeless problem. Albany didn't take responsibility."

Albany, Berkeley provide aid

Berkeley Councilman Gordon Wozniak called Albany's move "not very neighborly."

"It's a tragic problem, and there's no easy solution," he said. "But it's essentially a regional or state problem, and one city shouldn't have to take it all on themselves."

Albany officials said the homeless problem at Gilman preceded the city's removal of the illegal homeless encampment at the Bulb.

Albany Assistant City Manager Nicole Almaguer said the city has not shirked its responsibility for the homeless and is under contract with the Berkeley Food and Housing Project, a nonprofit, to provide aid to the people displaced from the Bulb.

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Almaguer said 24 of the former Bulb residents found housing and that, according to a Berkeley Food and Housing caseworker, only two are living at the Gilman encampment.

Besides the ongoing contract with the Berkeley nonprofit, Albany has spent about $500,000 to help former Bulb residents.

Berkeley, meanwhile, with a population of 110,000 - six times that of Albany - pays up to $8 million a year for housing, drug treatment, mental health services and other programs for its homeless residents.

That generosity appears to be paying off. Berkeley's chronic homeless population fell by almost half, from about 530 to 276, from 2003 to 2009, according to Alameda County's homeless survey, and the city's share of the county's overall homeless population fell from 41 to 27 percent.

'Not enough resources'

Still, homelessness is a persistent problem in Berkeley, especially along Telegraph Avenue and in People's Park, and now under the Gilman Street overpass.

Osha Neumann, an attorney and homeless advocate who helped arrange Albany's $3,000 payouts, said he wasn't surprised so many had moved to Berkeley.

"Albany exported its problems to neighboring cities," he said. "Berkeley has been struggling with this for years. There's not enough resources for the homeless people who are already here. ... Berkeley should have been more proactive in seeing this coming."

Berkeley Councilwoman Linda Maio agrees. She doesn't blame Albany for Berkeley's homeless surge, but she thinks Berkeley should have worked more closely with Albany leaders on the issue.

"It's a very difficult issue, and it's not going away as long as we have these economic conditions," she said. "It's frustrating, but I think we're doing the best we can."

Her main concern, she said, is that the Gilman overpass is unsafe. Traffic, rats, pollution and sanitation are among the problems, she said.

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Moving back and forth

On Tuesday morning, about 18 people were living at the site, down from a peak of about 30 in April. The sidewalks were jammed with shopping carts, blankets, puppies and tents.

An overpowering stench of horse manure wafted over from nearby Golden Gate Fields, and the freeway noise was almost deafening.

Bruce Nixon, 51, has lived at the Gilman overpass for three years and said he preferred it before the Bulb crowd showed up.

"There's all this trash now, and the police are always here," he said. "But Berkeley can't blame Albany for this. Most of these people lived in Berkeley before they moved to the Bulb. Now they're just back."

179 Inside Bay Area July 9, 2014

-- Laura Oda Adventure Activities, East Bay Regional Parks, Teen Eco-Action Week OAKLAND -- Teenagers from the Ira Jinkins Recreation Center in East Oakland are participating in the East Bay Regional Park District Teen Eco-Action Week summer program to learn about the natural environment through service learning opportunities in their community parks. The teens travel to a variety of East Bay Regional Park locations for daily restoration projects and fun-filled outdoor adventure activities. The weeklong program also focuses on different job skills and introduces then to the different careers in the parks district. Akin Lee, 20, an alum from the 2011 program, is now working as a Recreation Leader II for the East Bay Regional Parks.

John Dillard, 17, left, and Tyra Foster, 14, practice their rowing technique as they get used to the canoe in the estuary shortly after launching off the docks at the Tidewater Aquatic Center in Oakland on July 7, 2014, on the first day of the Teen Eco-Action Week summer program with the East Bay Regional Parks. (Laura A. Oda/Bay Area News Group) "I get to do all the activities I love," which includes kayaking, canoeing, fishing and camping, Lee said, "but it is not about the paycheck, it is about giving back to my community." Each teen that completes the entire five-day program will receive a $100 stipend. -- Laura Oda

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