BOARD OF DIRECTORS Board Meeting Packet
July 16, 2019 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX EAST BAY REGIONAL PARK DISTRICT
East Bay Regional Park District Board of Directors
AYN WIESKAMP The Regular Session of the JULY 16, 2019 President - Ward 5 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, ELLEN CORBETT 2950 Peralta Oaks Court, Oakland Vice-President - Ward 4 DEE ROSARIO Treasurer - Ward 2 COLIN COFFEY Secretary - Ward 7 Respectfully submitted, WHITNEY DOTSON Ward 1 DENNIS WAESPI Ward 3 BEVERLY LANE Ward 6 ROBERT E. DOYLE ROBERT E. DOYLE General Manager General Manager
2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX ebparks.org AGENDA
REGULAR MEETING OF JULY 16, 2019 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park 11:30 a.m. ROLL CALL (Board Conference Room) District will hold a regular meeting at District’s PUBLIC COMMENTS Administration Building, 2950 Peralta Oaks Court, Oakland, CLOSED SESSION CA, commencing at 11:30 a.m. for Closed Session and 1:00 p.m. for Open Session on Tuesday, A. Conference with Labor Negotiator: Government Code Section 54957.6 July 16, 2019. Agency Negotiator: Robert E. Doyle, Ana M. Alvarez, Agenda for the meeting is Kip Walsh listed adjacent. Times for agenda items are approximate only and are subject to change during the Employee Organizations: AFSCME Local 2428, meeting. If you wish to speak on Police Association matters not on the agenda, you may do so under Public Unrepresented Employees: Managers and Confidentials Comments at the beginning of the agenda. If you wish to testify on an item on the agenda, please B. Conference with Legal Counsel: complete a speaker’s form and submit it to the Clerk of the 1) Existing Litigation - Government Code Section 54956.9(d)(I) Board.
A copy of the background a) In the Matter of the Trust of: The Armand Borel Trust materials concerning these Dated June 20, 1994, as Amended and Restated in 2008 agenda items, including any Contra Costa Superior Court material that may have been Case No. P09-01129 submitted less than 72 hours before the meeting, is available for inspection on the District’s 2) Anticipated Litigation - Government Code Section 54956.9(d)(4) website (www.ebparks.org), (Initiation of Litigation): 1 case the Administrative Building reception desk, and at the C. Conference with Real Property Negotiator Regarding Price and/or meeting. Terms of Payment – Government Code Section 54956.8 Agendas for Board Committee Meetings are available to the 1) Agency Negotiator: Kristina Kelchner, Mike Reeves public upon request. If you wish to be placed on the mailing list APN/ADDRESS PROPERTY OWNERS PARK/TRAIL to receive future agendas for a specific Board Committee, Alameda County please call the Clerk of the Board’s Office at (510) 544- East Bay Regional Park District Armand Borel Estate 218-090-031 2020. District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the 3 meeting. 1:00 p.m. OPEN SESSION (Board Room)
PLEDGE OF ALLEGIANCE
A. APPROVAL OF AGENDA
B. PUBLIC COMMENTS If you wish to comment on an item not on the agenda, please complete a speaker’s form and submit it to the Clerk.
1:15 p.m. C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of June 3, 2019 to June 16, 2019 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of July 2, 2019 (Barial Knight) (Resolution) (No Cost) c. Authorization to Award a Contract with Bortolussi & Watkin, Inc. and Appropriate Funds for the Develop Access and Picnic Area Project: Oyster Bay Regional Shoreline (Goorjian/Kelchner) (Resolution) (Budgeted & WW Funds/ Budget Change) d. Authorization to Amend a Contract for Services with Nichols Consulting Engineers Inc. for the Point Molate Trail Segment: San Francisco Bay Trail (Dougan/Kelchner) (Resolution) (Budgeted Funds) e. Authorize a Memorandum of Understanding with the Contra Costa County Auditor-Controller for the Payment of Under Collected Taxes for East Bay Regional Park District Measure WW General Obligation Bond (Spaulding/Auker/Victor) (Resolution) (Rev Authorization)
1:30 p.m. 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Exercise the Purchase Option, and Accept, Transfer and Appropriate Funds for the Acquisition of 1.5 Acres of Land, a Public Recreational Trail Easement, and an Emergency Vehicle and Maintenance Access Easement from Lawrence A. Gosselin and Lorraine D. Rollins: Doolan Canyon Regional Preserve (Reeves/Kelchner) (Resolution) (Budgeted & Grant Funds/ Budget Change)
2:00 p.m. 3. GENERAL MANAGER
a. Authorize the 2019/2020 Tax Rate to be Levied by Alameda and Contra Costa Counties for the Payment of East Bay Regional Park District Measure WW General Obligation Bonds (Spaulding/Auker) (Resolution) (Rev Authorization)
4 b. Authorization to Amend the 2019 Budget for Mid-Year Appropriations and Transfers (Spaulding/Auker/Alvarez) (Resolution) (Budgeted Funds) c. An Ordinance of the Board of Directors of the East Bay Regional Park District Providing for a Five Percent Increase in Board Member Compensation from $100 to $105 for Each Day’s Attendance at a Compensable Meeting of the Board (Victor/Doyle) (Resolution) (Budgeted Funds) d. Adoption of Resolution to Phase-Out Glyphosate Use for Maintenance of Developed Park Areas (Kelchner/O’Connor/Alvarez) (Resolution) (No Cost) e. Authorization to Issue a Request for Proposals for the Purchase of 7± acres of Real Property from the East Bay Regional Park District: Real Property Located at 3020 Fostoria Way, Danville, California (Real Property of the Estate of Armand Borel) (Victor/Doyle) (Resolution) (No Cost)
2:20 p.m. 4. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
: 2 25 p.m. 5. GENERAL MANAGER’S COMMENTS
a. Presentation from Public Safety Division’s Fire Chief Aileen Theile on Out-of-County Response for Large Scale Fires
2:35 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION
: 2 40 p.m. 7. BOARD COMMITTEE REPORTS
a. Operations Committee (4-18-19) (Corbett) b. Operations Committee (5-16-19) (Corbett)
2:45 p.m. 8. PUBLIC COMMENTS If you wish to comment on an item not on the agenda, please complete a speaker’s form and submit it to the Clerk.
: 2 50 p.m. 9. BOARD COMMENTS
3:30 p.m. D. ADJOURNMENT
5 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of June 3, 2019 Through June 16, 2019 (Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of June 3, 2019 through June 16, 2019.
Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board and will become a part of the Official District Records.
6 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JUNE 3, 2019 THROUGH JUNE 16, 2019
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 3, 2019 through June 16, 2019;
Moved by Director , seconded by Director , and adopted this 16th day of July 2019 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
7 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
b. Approval of the Minutes for the Board Meeting of July 2, 2019 (Barial Knight)
8 Page Left Blank Intentionally
9 Unapproved Minutes Board Meeting of July 2, 2019
The Board Meeting, which was held July 2, 2019 at EBRPD, 2950 Peralta Oaks Court, Oakland, CA 94605 called its Closed Session to order at 11:35 a.m. by Board President Ayn Wieskamp.
ROLL CALL
Directors Present: Ayn Wieskamp, President Ellen Corbett, Vice President Colin Coffey, Secretary Dee Rosario, Treasurer Whitney Dotson Beverly Lane Dennis Waespi Directors Absent: None.
The Open Session of the Board Meeting was called to order at 1:01 p.m. by President Wieskamp.
Staff Present: Robert Doyle, Ana Alvarez, Debra Auker, Carol Victor, Carol Johnson, Jim O’Connor, Anthony Ciaburro, Jeff Rasmussen, Kristina Kelchner, Michael Reeves, Lisa Baldinger, Christie McKaskey, Kathryn Dudney, Karla Cuero, Anne Kassebaum, Lance Brede, Al Love, Steve Castile, Chris Barton, Aileen Theile, Dave Mason, Ren Bates, Denise Defreese, Dina Robertson, Alison Rofe, Neoma LaValle, Devan Reiff, Sean Dougan, Gretchen Rose, Beverly Ortiz, Mary Mattingly, Sara Rieck, Mike Nolan, Ashley Adams
Guests: Amy Hill, Beth Larson, Charles Perry, Erica Spinelli, Patricia McFadden – US Navy Ted Clement, Seth Adams – Save Mt. Diablo, Christian Marsh
A. APPROVAL OF AGENDA
By motion of Director Lane, and seconded by Director Waespi, the Board voted unanimously to approve the Agenda.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None.
B. PUBLIC COMMENTS
Johnathan Goodwin had questions about the misnaming of Wilcox Station and the need to change the signs. He voiced concern about the safety of the sinkholes. District Counsel said that ASD will follow up with him.
C. SPECIAL PRESENTATION
Matt Graul, Chief of Stewardship, acknowledged Denise Defreese, Wildlife Vegetation Program Manager, who will retire after 36 years with the District.
Director Lane and President Wieskamp congratulated Defreese on her many accomplishments thanking her for educating them on the different kinds of weeds. Director Rosario acknowledged Defreese for her impact on grazing. GM Doyle spoke of Defreese’s dedication and commitment to the District and presented her the gold card. “Defreese is an example of the core culture and value of the District, which bridges the gap between the park staff and the grazers.” Denise Defreese, Wildlife Vegetation Program Manager, said that she 10 Unapproved Minutes Board Meeting of July 2, 2019 has had a strong desire to eradicate Yellow Starthistle and the Park District gave her the opportunity to work in various positions over the years. She remarked that this is the best job she has ever had.
President Wieskamp called for a break to take pictures and enjoy refreshments.
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
By motion of Director Lane, and seconded by Director Corbett, the Board voted unanimously to approve the Consent Calendar.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
a. Approval of District Check Listing for the Period of May 20, 2019 to June 2, 2019 Resolution No. 2019 – 07 - 162 (attached)
b. Approval of the Minutes for the Board Meeting of June 18, 2019
c. Approval of Out-of-State Travel for Director Ellen Corbett to Attend the 2019 Greater & Greener Conference in Denver, Colorado from July 20 – July 24, 2019 Resolution No. 2019 – 07 -163 (attached)
d. Authorization to Negotiate with Various Property Owners Resolve No. 2019 – 07 - 164 (attached)
e. Authorization to Transfer and Appropriate Funds to Cover Current Project Costs Associated with the Eminent Domain Action to Acquire Real Property from Golden Gate Landholdings, LLC: McLaughlin Eastshore State Park Resolution No. 2019 – 07 - 165 (attached)
f. Authorization to Amend a Grazing License with Ned Wood of Wood Livestock, LLC for an Additional Five-Year Term: Briones Regional Park Resolution No. 2019 – 07 - 166 (attached)
g. Authorization to Execute a Five-year Grazing License with a Five- Year Option to Renew with Art Anderson, SL Cattle, Inc.: Concord Hills Regional Park Resolution No. 2019 – 07 - 167 (attached)
Director Corbett commented on (items f and g) the need to notify responsible dog owners about the location of cattle that are grazing. Corbett hopes to be able to have advanced notice of not only when the cattle are in the area, but when they leave the area. AGM Kelchner replied that there is information on the District website. Staff is looking at other ways to provide more information to the public about the District’s over 80,000 grazed acres with 40 grazers. GM Doyle added that Public Affairs and GIS are working on it and he strongly agrees the need a find a way to bridge modern technology with an old industry. President Wieskamp added that dog owners also need to share in the responsibility. Director Coffey thanked Matt Graul for responding to his questions adding that cattle ranchers also apply for and receive grant funds. 11 Unapproved Minutes Board Meeting of July 2, 2019 Kelchner introduced Dina Robertson, Wildlife Vegetation Program Manager and Alison Rofe, Rangeland Specialist.
h. Authorization to Amend a Contract with Gray Bowen Scott for Right of Way Engineering Services for the San Francisco Bay Trail at Doolittle Drive: Martin Luther King, Jr. Regional Shoreline Resolution No. 2019 – 07 - 168 (attached)
i. Authorization to Amend a Consulting Services Contract with GHD, Inc. for the San Francisco Bay Trail at Doolittle Drive: Martin Luther King, Jr. Regional Shoreline Resolution No. 2019 – 07 - 169 (attached)
Director Corbett had questions on items h and i. Corbett asked why the District has to go back out to amend the contract, and why is the cost increasing. AGM Kelchner said the reason for the increased cost is because the design of the project has changed, and staff will be working within the Caltrans right of way. GM Doyle said after meeting with CaTtrans, who owns the right of way, it CalTrans does not plan to do the work.
j. Reject All Bids Received for Restore McCosker Creek Project: Robert Sibley Volcanic Regional Preserve Resolution No. 2019 – 07 - 170 (attached) Director Rosario asked why there was only one bid. Kristina Kelchner, AGM ASD explained staff received feedback from the contractors that there is a need to provide more information and the bid should have been sent out earlier in the season. Rosario asked if all grants will be extended. Kelchner replied that there will be an extension. GM Doyle said the District had an unexpected $4 million in the state budget and will need to check when those funds are available before going out to bid. Rosario asked if the project will change significantly. Kelchner said the project will not change and noted that this is the largest creek restoration project in the Bay Area. Rosario inquired about ESA. Kelchner replied that ESA is the contractor and the subcontractor does the infrastructure. GM Doyle credited the Grants department and the Government Affairs staff for pulling this project together.
Public Comment Jonathan Goodwin said he was concerned about the dramatic costs which he stated were 60% over budget increasing the cost of the project to $9 million. Goodwin stated that the District does not have an environmental manager nor good environmental planning. Goodwin’s email will be added to the record.
Erick Olafsson wished the District Happy 85th Anniversary. Olafsson is in favor in the creek restoration but not the addition fire pits and campgrounds. Olafsson is a retired environmental planner and he believes the environmental on this has been mishandled, adding you don’t go out to bid without a Corps permit in hand.
k. Authorization to Consolidate Remainder Measure AA Funds and Revise Prior Appropriation from West Metro Area Resolution No. 2019 – 07 - 171 (attached)
2. FINANCE AND MANAGEMENT SERVICES DIVISION
PUBLIC HEARING
a. Approval of Engineer's Report for Fiscal Year 2019/2020, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No.1, 12 Unapproved Minutes Board Meeting of July 2, 2019 including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic) Resolution No. 2019 – 07 -172 (attached) By motion of Director Lane, and seconded by Director Rosario, the Board voted unanimously to approve Item 2a.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
Debra Auker, AGM FMS gave the history of the Two-County Trail LLD – ACC-1. The 13 Two-County Regional Trails and the 6 Zones of Benefit were highlighted. These funds are to maintain the District’s trail systems. This annual process for approval was discussed and the special projects were enumerated. GM Doyle acknowledged the work of former General Manager Pat O’Brien in bringing this to the District at a time when the District did not have enough money to cover some of these projects.
Director Rosario commented that he would like to see a delineation between unit vs. parcel in the next NEXTERA report. Auker said that the law outlines the difference; but she will work to craft something. Director Waespi asked if each of these zones of benefit are independent entities. Auker replied yes. Auker said that during the public hearing the public could outline the types of improvements they would like to see done. GM Doyle said that in order change the allocation of the use of the funds, the Board has the authority to set the priorities in the budget, but adding money to it is a Prop 218 restriction which is onerous. Director Lane said that this is an intriguing suggestion for next year, adding that some homeowners are very concerned with fire suppression and fuels management and this might be a way to include additional resources into that project.
President Wieskamp opened the Public Hearing. Receiving no communication from the public or any protests, Wieskamp closed the Public Hearing.
a. Resolution Overruling Protests Resolution No. 2019 – 07 -173 (attached)
By motion of Director Lane, and seconded by Director Rosario, the Board voted unanimously to approve Item 2b.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
b. Approval of the Measure CC Special Tax Report for 2019-20, Proposed Measure CC Use of Funds-Budget for 2020: Measure CC Zone 1 Resolution No. 2019 – 07 -174 (attached)
By motion of Director Waespi, and seconded by Director Rosario, the Board voted unanimously to approve Item 2b. Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None. 13 Unapproved Minutes Board Meeting of July 2, 2019 Jeff Rasmussen, Assistant Finance Officer passed out a revised handout to the Board. Rasmussen began with a Measure CC Overview. Rasmussen stated that of the 83 projects, 43 have been completed, and 37 are on track to be completed. This tax will sunset in 2020. Rasmussen had pictures of the newly completed projects for the Board. Director Coffey asked how staff will handle the PAC input. GM Doyle commented that this has already gone to the voters and the projects are already established. GM Doyle suggested that staff provide a deeper orientation to the PAC members. The PAC is advisory to the Board. Director Corbett explained that some of the PAC members wanted more information. Staff explained the focus of Measure CC was more towards programming. Corbett recommended staff also include additional information about Measure FF. Director Waespi added that the report that the consultant NBS prepares is very clear and concise.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
c. Acceptance of the 2018 Comprehensive Annual Financial Report, Auditor’s Communication with Those Charged with Governance dated June 19, 2019, Single Audit Report (Uniform Guidance), and Independent Accountants’ Report on Agreed Upon Procedures Applied to 2019 Appropriations Limit Schedule Resolution No. 2019 – 07 -175 (attached)
President Wieskamp stated that in her capacity as President she established an Ad Hoc Audit committee for the purpose of meeting with the auditors privately concerning the Park District’s financial audit. This meeting is in accordance with a GFOA’s recommendation that a governing body meet with the independent auditor in private to ensure a full and candid discussion. The members of the Ad Hoc committee include Directors Wieskamp, Corbett and Rosario. The work of the Ad Hoc committee is now concluded and the auditor indicated there were no issues with management in conducting the audit and there were no written findings.
Mishelle Strawson O’Hara, Assistant Finance Officer recognized the Finance team. O’Hara announced that the District received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the 18th year. O’Hara went through the report highlighting the District-wide net position, the general funds budget to actual, the new GASB statement 75 for OPEB retiree medical pension, retiree medical liabilities, and schedule of funding progress retiree benefits. Director Lane thanked staff and the auditors. Director Lane commented that after reviewing the CAFR document, and the list of achievements, staff is to be congratulated. Auditors from VTD include David Showalter, Partner; Tarek Radwan, Audit Manager; Layla Elsmeri, Audit Supervisor; Tyler Hammond, Senior Auditor; and L. Mac Walker, Auditor.
Public Comment Kelly Abreu had to leave the meeting and left a handout for the Board. CFO Auker commented that Mr. Abreu had a question regarding the budget document, not the financial report. Auker will reply to him.
Director Waespi asked about the policy that requires changing auditors. Auker said that rules were put in place that the District change the partner if a different firm isn’t used. The District had a different partner for the first 3 years, and over the last 2 years have used Mr. Showalter. The contact will end soon, and there is an RFP for audit services in the works. Staff will return to the Finance committee in August to put forward a recommendation for auditors for the next contract. Wieskamp stated that the Ad Hoc committee should continue every year.
14 Unapproved Minutes Board Meeting of July 2, 2019
By motion of Director Rosario, and seconded by Director Corbett, the Board voted unanimously to approve Item 2c
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
Director Coffey commented on the excellent work of the Finance Department.
President Wieskamp called for a10 minute break.
3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Accept the Phase 1 Public Benefit Conveyance of 2,216 Acres of Real Property from the National Park Service Federal Lands to Parks Program and to Transfer and Appropriate Funds for this Acquisition: Concord Hills Regional Park Resolution No. 2019 – 07 -176 (attached)
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
By motion of Director Lane, and seconded by Director Coffey, the Board voted unanimously to approve Item 3a.
General Manager Doyle announced that this is a big day and gave his personal story about this “park.” He grew up next to the base, his brother served in the Vietnam War, and his father worked at the CNWS in WWII and hauled munitions in trucks. His father’s truck blew up at the Port Chicago disaster. Doyle said that as a new planner, Brian Holt talked about a desire to make this a park. In the beginning, this idea was not welcome. Doyle thanked Save Mt Diablo for uniting a public on a consensus on what should be preserve, and for organizing communities. Concord conducted a poll asking if the high-density communities wanted a park, and there was an overwhelming response of yes. Doyle thanked George Miller, Ellen Tauscher, and John Garamandi for their work. Doyle stated there has been no better partner than the US Navy. Doyle also thanked Kristina Kelchner, AGM ASD who was the attorney representing the District during this process.
Kristina Kelchner AGM ASD, introduced this project which was given to her 5 years ago. She introduced outside counsel, Christian Marsh of Downey Brand who was indispensable in the drafting of the many documents. Erica Spinnelli, Deputy Base Closure Manager, Amy Jo Hill, Patricia Mcfadden, Beth Larsen, Charles Perry from the US Navy were present. Kelchner acknowledged Navy Attorney Marvin Norman who was not present at the Board meeting.
Brian Holt, Chief of Planning and GIS thanked the Board, Kelchner and GM Doyle who has been incredibly supportive. He stated, that this is the Phase I no cost Public Benefit Conveyance (PBC) of 2,216 acre and the District will get to the remaining acreage of 2540 acres. The other portion of the property will be transferred to the city through an Economic Development Conveyance (EDC).
Holt presented a historically detailed and comprehensive report from 1942 to present day on the origins and current status of this project. Because of the detail presented, the Concord Hills Regional Park PowerPoint (39 pages) is attached to these minutes and is located on the District website. 15 Unapproved Minutes Board Meeting of July 2, 2019
Director Coffey asked what is the PBC. Holt replied this is the authorization to accept the fee transfer. Director Lane asked what is happening with the 327 acres. Holt answered it is remediation of materials identified as hazardous. The Navy must work with various agencies to determine what the remediation activity will be, and then the Navy will come up with a plan and determine the site clean. Holt commented that it is an extensive process. Lane asked with National Park Service are we to expect 6 months to get the conveyance. Holt said the Park District has a strong relationship with NPS. Lane referenced the mention of 15 days in the NPS letter and asked the meaning. Holt replied that NPS is requesting District responses within the next 15 days, and after signing the District will take over constructive possession. Lane asked about the partnership with Concord. Holt says this will be a long-term perpetual partnership because of the park, and because the Concord is planning to build out clustered villages on their property. GM Doyle wants to preserve the cultural integrity, work with Public Safety, and eventually work with the NPS. Director Coffey expressed some concern about the developers. He commented that the District should be prepared to interact with the City of Pittsburg. GM Doyle said the District is aware of this interaction, and now that the District has the park, it is a game changer.
Erika Spinneli, Deputy Base Closure Manager for Concord office of San Diego congratulated District staff. He stated that this has been the largest closure that their office has completed in the past 10 years. It is an epic achievement and journey. Ted Clement, Executive Director for Save Mt Diablo acknowledged the District’s 85th anniversary year and stated that Concord is an incredible accomplishment and Save Mt. Diablo is proud to be a part of this project for over 14 years. Clement said that there are some potential threats and they will watch and advocate for the District. Clement recognized Mt. Diablo’s Land Conservation Director Seth Adams. Adams spoke extensively about his 14-year engagement in this base, and said this was a park hidden in plain sight.
Director Lane commented on the decades of her interest in the CNWS. She talked about being appointed to the advisory committee for the city of Concord. Lane said Concord was eager to be in charge of the base closure. The advisory committee allowed the District to do a lot of education along the way. The City Coalition for a Sustainable Concord appeared regularly and worked as a liaison between the city and the federal government and she thinks someone should write a book about this collaboration. Lane thanked Save Mt Diablo, the Navy, District staff, Holt, and GM Doyle. Lane said she looks forward to the opening. President Wieskamp said that tenacity is the word to describe Director Lane. b. Authorization to Award a Contract to PMK Contractors, LLC and Approve a Contingency for Construction of the Bay Point Restoration and Public Access Project, Award Professional Services Contracts with Salaber Associates, Inc. and WRA, Inc., Amend a Professional Services Contract with Environmental Science Associates, and Transfer and Appropriate Funds: Bay Point Regional Shoreline. Resolution No. 2019 – 07 -177 (attached)
By motion of Director Coffey, and seconded by Director Dotson, the Board voted unanimously to approve Item 3a Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
Kristina Kelchner AGM ASD introduced Chris Barton, Environmental Programs Manager. Barton gave an overview of the project including planning context, existing features, history and background, project features: public access, funding plan, kayak and canoe launch. Barton outlined the total project cost of $5.7million and gave the schedule for completing the project. Director Rosario asked about the $36,000 and should it be mentioned in the resolution that it is 3 years. Barton said it is in the contract. Director Corbett asked if the J channel have flushing action? Barton replied they will not have to do dredging in the future, and 16 Unapproved Minutes Board Meeting of July 2, 2019 it will be a self-sustaining system. Director Coffey asked if the District received the LWCF grant. Barton replied yes, thanks to Tiffany Margulici, Grants Manager and Erich Pfuehler Government Legislative Manger. Coffey thanked Chris Barton and Karla Cuero for their work adding, the District has the best environmental planners.
Director Dotson departed the board meeting at this time.
c. Authorization to Execute the Purchase Option and Transfer and Appropriate Funds for the Acquisition of 7.80 Acres of Real Property from Bonnie J. Symon, Trustee of the Symon Family Trust: Las Trampas Wilderness Regional Preserve Resolution No. 2019 – 07 -178 (attached)
By motion of Director Lane, and seconded by Director Rosario, the Board voted unanimously to approve Item 3c. Directors For: Colin Coffey, Ellen Corbett, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: Whitney Dotson.
Mike Reeves, Chief of Land Acquisition introduced Project Manager Sara Rieck. Rieck discussed the location of the property. This property protects viewsheds, compliments the Park District’s recent Lothamar acquisition and prevents habitat degradation. Rieck’s PowerPoint included several photographs of the property which oriented the Board to its location.
Director Rosario stated that this is a good purchase and protects the viewshed. GM Doyle said that the District got a nice deal. Director Lane remarked about the reasonable cost,.
4. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District
GM Doyle commented on items in the report.
Director Corbett left the meeting for another appointment.
5. GENERAL MANAGER’S COMMENTS
GM Doyle introduced Mona Koh, Community Relations Manager, Christie McKaskey, GIS Analyst, Jaski Singh, Publications Coordinator, Brenda Montano, Administrative Analyst II, Brian Holt, Chief of Planning/GIS and Dave Drueckhammer, GIS Coordinator. Koh went through the story telling in detail using the ESRI story map technology which uses photos, maps, zooming and audio recordings.
Regarding GM Comments, Director Rosario asked if the bike accidents were road bikes or mountain bikes. Chief Ciaburro explained Public Safety doesn’t distinguish between mountain and road bikes. However, staff can tell by the terrain. Rosario asked if the Board could get a description on the size of the fires. GM Doyle said staff can request this information from other jurisdictions.
Director Lane left the meeting for another appointment.
17 Unapproved Minutes Board Meeting of July 2, 2019 6. ANNOUNCEMENTS FROM CLOSED SESSION
District Counsel, Carol Victor stated that there were no announcements.
7. PUBLIC COMMENTS
There are none.
8. BOARD COMMENTS
Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Bay Point field trip, • Attended the Board meeting on June 18 at Big Break; • Attended the Finance Ad Hoc meeting with auditor; • Attended the Finance committee meeting; • Attended the California Rangeland Trust event. Wieskamp commented on Marilyn Russell’s donation of property to the Rangeland Trust.
Director Rosario reported on meetings attended. Director Rosario • Attended the Bay Point field trip, • Attended the Board meeting on June 18 at Big Break; • Attended the Juneteenth celebration at Peralta Oaks; • Attended the Wildfire Prevention Town Hall; • Attended the Alameda Liaison Committee meeting; • Attended the 85th Anniversary Celebration concert at Lake Chabot; • Attended the Democratic Party Contra Costa Barbecue; • Attended the Richmond Museum Jewish Pioneers event; • Held monthly breakfast meeting with PAC appointees; • Attended Finance Committee meeting.
Director Coffey reported on meetings attended. Director Coffey • Attended Bay Point field trip, • Attended the Board meeting June 18 at Big Break; • Attended the Big Break Summer Solstice hike; • Attended an event honoring Monica Wilson, Antioch Councilmember; • Visited Contra Loma Regional Park; • Visited Antioch Oakley Shoreline Park; • Attended the Democratic Party Contra Costa Barbecue; • Ambassador duty at the Martinez Beaver Festival.
Director Waespi reported on meetings attended. Director Waespi • Attended the 85th Anniversary celebration concert at Lake Chabot; • Attended the Bay Point field trip; • Attended the Board meeting on June 18 at Big Break; • Attended the Alameda County Fair to see the District booth that came in 2nd place; • Hiked the 10 Hills Trail with John Sullivan. Waespi commented on how impressed he and Sullivan were on the cleanliness of this trail.
D. ADJOURNMENT
President Wieskamp announced that per a recommendation of Director Waespi and District Counsel 18 Unapproved Minutes Board Meeting of July 2, 2019 she will establish the formation of an Ad Hoc Board committee for purposes of developing a personal evaluation process for those positions that are Board appointed (GM, CFO and Clerk). The committee will include Directors Wieskamp, Corbett and Waespi. The committee will be responsible for developing a policy and process for conducting Board appointee evaluations.
President Wieskamp with the recommendation of Director Rosario, adjourned the meeting at 5:20pm in support of demonstrations today, July 2nd for obtaining care for the children on the border.
19 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
c. Authorization to Award a Contract with Bortolussi & Watkin, Inc. and Appropriate Funds for the Develop Access and Picnic Area Project: Oyster Bay Regional Shoreline (Goorjian/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize to award a contract in the amount of $93,205 to Bortolussi & Watkin, Inc., Hercules, California, the lowest responsive responsible bidder, for the Irrigation Valves and Laterals at Disc Golf Course at Oyster Bay Regional Shoreline (Oyster Bay); and
2. Authorize the transfer and appropriation of $350,000 from Measure WW Oyster Bay Development Fund (WP47).
REVENUE/COST
The current action will increase the project budget by $350,000, for a total project amount of $2,319,371 for design, permits, site preparation, and safety improvements. The total project cost to construct this project is to be determined and will require additional funding.
SOURCE OF FUNDS Develop Access and Picnic Area (#142400) $ 1,969,371 Encumbrances and Expenditures to Date (1,902,185) Appropriation from Measure WW - Development funds for Oyster Bay Allocation Area (WP47) 350,000 AVAILABLE BALANCE $ 417,186
USE OF FUNDS Construction Contract $ 93,205 Other Project Costs (professional services and administration) 323,981 BALANCE REMAINING $ 0
21 BACKGROUND
This action authorizes the award of a construction contract in the amount of $93,205 to complete installation of a drip irrigation system to support approximately 340 recently planted native trees that have been purchased, planted and maintained by California ReLeaf grant funds. A $75,000 California ReLeaf Social Equity Urban Forest Improvement grant was awarded to the Regional Parks Foundation on February 27, 2018 for tree installation and included the District’s commitment to install irrigation. The trees will be irrigated over the next five years until they are established and able to thrive without irrigation. Trees are a critical design component creating a functional buffer to existing trails, providing shade and play obstacles within the disc golf course. The goal of the project is to transform what is now a barren landscape into a California native urban forest. It is estimated that the trees to be irrigated will help reduce greenhouse gases by 978 tons over a 40-year period, and as an added benefit, create a diverse habitat for Monarch butterflies overwintering in California.
This action also authorizes funds for professional services and staff time for the design and permitting of the future park entry, staging, picnic and recreation areas. It also funds continuing site preparation, safety and site management required on this former landfill.
A formal Notice to Bidders for this project was published on Thursday, May 30, 2019 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges and on the District’s online planroom. The bid opening date was Thursday, June 27, 2019, and three (3) bids were received. The basis for determination of low bid on this project was the aggregate amount of the bidder’s base bid.
NAME OF BIDDER TOTAL BASE BID Bortolussi & Watkin, Inc. $ 93,205 Jorge Loza dba Los Loza $114,810 Landscaping Marina $132,300 Landscape, Inc. ENGINEER’S ESTIMATE: $ 90,000 (Total Base Bid)
ALTERNATIVES
No alternatives are recommended.
22 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZATION TO AWARD A CONTRACT WITH BORTOLUSSI & WATKIN, INC. AND TRANSFER AND APPROPRIATE FUNDS FOR THE DEVELOP ACCESS AND PICNIC AREA PROJECT: OYSTER BAY REGIONAL SHORELINE
WHEREAS, the East Bay Regional Park District (Park District) desires to install an irrigation system to support tree establishment at the Disc Golf course; and
WHEREAS, on February 27, 2018, a California ReLeaf Social Equity Urban Forest Improvement grant was awarded to the Regional Parks Foundation for tree installation which included the District’s commitment to install irrigation for the trees; and
WHEREAS, there is a need for project funds to cover design and ongoing contract management costs for importing clean fill soil to build an added layer of soil material, for planting and park development; and
WHEREAS, funds are available for transfer and appropriation from WW Allocation Area Development Funds for Oyster Bay (WP47) to supplement the existing budget for the Develop Park Access and Picnic Area Project (No. 142400) for this purpose; and
WHEREAS, the District advertised for bids for Irrigation Laterals and Valves Installation, received three (3) bids, and Bortolussi & Watkin, Inc. of Hercules, California was the lowest responsible and responsive bidder;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the appropriation of $350,000 from the WW Allocation Area Development Funds for Oyster Bay (WP47) to the Develop Access and Picnic Area Project (No. 142400) as per the attached budget change form; and
BE IT FURTHER RESOLVED, that the Board hereby authorizes the award of a construction contract (No. 25-19-473) with Bortolussi &Watkin, Inc. in the amount of $93,205; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
23 Moved by Director , seconded by Director , and adopted this 16th day of July 2019, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
24 DISC GOLF AREA PROJECT FOR IRRIGATION LATERALS Oyster Bay Regional Shoreline Feet [ 0 200 400
Davis St t r irpo al A n B atio rn u Inte nd s kla i Oa n e s s
C
e n t e r
D
r OYSTER BAY REGIONAL SHORELINE
PROJECT A AREA u r o N r e a p D t u r n e D r
Williams St
Avenue 130th VICINITY
ANTHONY MLK JR. CHABOT CROWN SHORELINE BEACH
LAKE OYSTER CHABOT BAY
HAYWARD SHORELINE 25 O:\GIS\CMcKaskey\Projects_2019\ASD\DesignConstruction\BoardMaps\OB_DiscGolfIrrigation\OB_DiscGolfIrrigation.mxd 6/27/2019 Date: Page Left Blank Intentionally
26 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Projects Between Funds From Another Department DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: CIP Fund- Design & Construction-Oyster Bay- Improve Public Access & Picnic - Measure WW Oyster Bay Development Allocation Area-Design/Project Management Account: 333-7110-473-7020 / 142400 WP47-004 $ 65,000 Account Name: Expense: CIP Fund- Design & Construction-Oyster Bay- Improve Public Access & Picnic - Consultants
Account: 333-7110-473-7020 / 142400 WP47-005 $ 25,000 Account Name: Expense: CIP Fund- Design & Construction-Oyster Bay- Improve Public Access & Picnic - Measure WW Oyster Bay Development Allocation Area-Construction Contract Administration
Account: 333-7110-473-7020 / 142400 WP47-008 $ 50,000 Account Name: Expense: CIP Fund- Design & Construction-Oyster Bay- Improve Public Access & Picnic - Construction Contract
Account: 333-7110-473-7020 / 142400 WP47-009 $ 210,000 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on July 16,2019 the General Manager recommends that the Board of Directors authorize the transfer of $350,000 Measure WW principal funds from the Oyster Bay development allocation area to the project to Improve Public Access and Picnic Areas: 142400. The resolution will also approve the contract with the irrigation contractor.
As approved at the Board of Directors Meeting on: Date: Board of Directors Resolution Number: 2019-07- Posted By: Date: 7/16/2019 Signature
T:\BOARDCLK\BOARD MATERIAL\2019\12 - July 16, 2019\S DRIVE\C-1-c ASD 142400 Oyster Bay Improve Public Access & Picnic
27 Page Left Blank Intentionally
28 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
d. Authorization to Amend a Contract for Services with Nichols Consulting Engineers Inc. for the Point Molate Trail Segment: San Francisco Bay Trail (Dougan/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize amendment of a contract for services with Nichols Consulting Engineers Inc. (NCE) for final design, permitting, and construction support for the San Francisco Bay Trail project at Point Molate, Richmond. The additional work is required due to a change in the scope of the project to include the shoreline in addition to the originally scoped trail corridor.
REVENUE/COST
The contract amount awarded to date is $920,300. The recommended final design and permitting work is needed to prepare the project for the formal bidding process, and the construction support is needed to respond to requests for information during the construction phase of the project. The cost of the additional work is $181,100. The proposed amendment will increase the contract for a total amount of $1,101,400. There are funds available in the Extend Bay Trail Project (No. 154000).
SOURCE OF FUNDS Extend Bay Trail Project (No. 154000) $ 1,590,760 Encumbrances and Expenditures to Date (924,567) AVAILABLE BALANCE $ 666,193
USE OF FUNDS Contract Amendment $ 181,100 BALANCE REMAINING $ 485,093
BACKGROUND
This project will close a San Francisco Bay Trail (Bay Trail) gap from the Richmond-San Rafael bridge through Point Molate Beach Park to the Winehaven Historic District in Richmond,
29 California. In 2009, the District entered into an Agreement for Easement Donation with Chevron, per Board Resolution No. 2009-11-291, to obtain two separate Bay Trail easements totaling 1.7 miles along the shoreline of the San Pablo Peninsula referred to as Point Molate. These easements are located to the north and south of the City of Richmond’s Point Molate property, where a 1.4-mile Bay Trail segment connecting these two easements is also proposed.
In 2014, the District recorded the southern 1.1-mile Bay Trail easement that connects the Richmond-San Rafael Bridge to the City of Richmond’s Point Molate property. In partnership with the City of Richmond, the District agreed to design and complete studies pursuant to the California Environmental Quality Act (CEQA) for 2.5 miles of trail, including the 1.1-mile District easement area and the 1.4-mile segment through the City of Richmond’s Point Molate Property to the Winehaven Historic District.
In 2015, the District appropriated $740,200 in funds from Measure CC and Measure WW to Extend Bay Trail Project No. 154000, to execute a contract with Nichols Consulting Engineers (NCE), per Board Resolution No. 2015-11-329, for design, CEQA analysis, permits, and construction support for the 2.5 miles of trail. In 2017, the District appropriated an additional $180,300 in Measure WW funds for this project and amended NCE’s contract, per Board Resolution No. 2017-01-005, to include environmental studies pursuant to the National Environmental Policy Act (NEPA) to make this project eligible for federal grant funds if required.
As explained further below, a contract amendment is required to complete final design and obtain permits to construct the Bay Trail at Pt. Molate for the following reasons:
• Additional engineering, design, and environmental work required to analyze an expansion of the easement area to include the shoreline adjacent to the original trail easement area; • Additional survey of the expanded easement and preparation of a legal description and a plat map for recordation; • Additional regulatory permit updates associated with the expansion of the easement area and additional requests for wetland mitigation design by the San Francisco Regional Water Quality Control Board (RWQCB); • Escalation of NCE fees for construction support since 2015.
The Park District’s easement on Chevron’s property is currently 20-feet in width to accommodate the Bay Trail extension. The original easement language required security fencing along the entire length of the trail between the trail and the Bay to prevent trespassing outside of the easement. However, during the design and CEQA process, it became clear that this fencing would not only detract from the trail user experience but also restricted species migration between the shoreline and the upland property, which would not be permitted by regulatory agencies. In order to eliminate the need for this security fencing, the Park District and Chevron have agreed to expand the trail easement to include the shoreline, giving the public access to approximately one mile of additional shoreline.
30 Prior to agreeing to accept the additional easement area from Chevron, the Park District asked NCE to perform additional work outside of the contract scope that included engineering, design, and environmental work to analyze the shoreline area and to disclose any potential impacts to the shoreline in the IS/MND, adopted May 1st, 2018 per Board Resolution 2018-05- 096. That work consisted of geotechnical boring, a coastal erosion assessment, revetment engineering, design of a beach access ramp, and a Phase I Environmental Site Assessment (ESA). Additionally, a survey of the new easement, a legal description and a plat map are required for recordation. The additional shoreline investigation performed by NCE also identified need for a restoration effort that includes removal of invasive plants, large debris, and trash to make it safe for the public and stabilization of short sections of the existing revetment to accommodate for projected sea level rise.
Regulatory permit applications for this project were submitted in January 2019. NCE will update and add to existing permit documents and maps a description of temporary and permanent impacts related to the expansion of the easement. Additional site visits and meetings with regulatory agencies will be needed to secure these permits.
In addition to the expanded scope of work, NCE’s rates have increased since the original contract in 2015. This proposed amendment to NCE’s contract will cover all fees associated with the additional work as well as the rate increases and final design and construction documents needed to advertise bids for the project.
This project is currently 65% designed and not yet fully funded. Total project costs for the entire 2.5-mile stretch of Bay Trail are estimated to be approximately $8.7M. This estimate includes this proposed amendment and Measure WW and Measure CC funds previously awarded to NCE for design and environmental costs. The funding strategy to obtain the remaining $7.6M of funding for this project identifies a mix of eligible local, state, and federal grant funding programs. If adequate grant funding for construction can be secured, the project could be ready to go out to bid as early as 2020.
ALTERNATIVES
No alternatives are recommended.
31 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZATION TO AMEND A CONTRACT FOR SERVICES WITH NICHOLS CONSULTING ENGINEERS, INC. FOR THE POINT MOLATE TRAIL SEGMENT: SAN FRANCISCO BAY TRAIL
WHEREAS, in 2009, the East Bay Regional Park District (District) entered into an Agreement for Easement Donation with Chevron, per Resolution No. 2009-11-291, to obtain two separate San Francisco Bay Trail (Bay Trail) easements totaling 1.7 miles along the shoreline of the San Pablo Peninsula referred to as Point Molate; and
WHEREAS, in 2014 the District recorded the southern 1.1-mile Bay Trail easement granted by Chevron that connects the Richmond-San Rafael Bridge to the City of Richmond’s Point Molate property; and
WHEREAS, in partnership with the City of Richmond, the District appropriated $920,500 in funds from Measure CC and Measure WW, per Resolution Nos. 2015-11-329 and 2017-01-005, for design, studies pursuant to the California Environmental Quality and National Environmental Policy Acts, permits, and construction support for the 1.1-mile Bay Trail easement granted by Chevron and the 1.4-mile Bay Trail segment through the City of Richmond’s Point Molate Property; and
WHEREAS, by Resolution 2015-11-329, the District awarded a contract to Nichols Consulting Engineers Inc. (NCE) for design, CEQA, permitting, and construction support for the 2.5-mile segment of the San Francisco Bay Trail at Point Molate; and
WHEREAS, the Park District and Chevron have agreed to expand the trail easement to include the adjacent shoreline, giving the public access to approximately one mile of additional shoreline; and
WHEREAS, an amendment to NCE’s contract is required to complete final design and obtain permits to construct the Bay Trail at Pt. Molate; and
WHEREAS, this amendment will cover fees associated with the additional engineering, design, permitting, and environmental work needed to include the shoreline area and access to the beach consisting of geotechnical boring, revetment engineering, design of a beach access ramp, survey of the new easement, a legal description and a plat map, and a Phase I Environmental Site Assessment (ESA); and
32 WHEREAS, sufficient funding is available in the Extend Bay Trail Project (No. 154000) to cover all fees associated with the additional work and additional design changes and permit updates included in the permit package, and will account for rate increases and final design and construction documents for advertisement of the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize and direct the General Manager, on behalf of the District and in its name, to amend the Contract for Services with Nichols Consulting Engineers Inc. for final design and engineering, permitting, and construction support for the San Francisco Bay Trail at Point Molate; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized 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 16th day of July, 2019, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
33 Page Left Blank Intentionally
34 San Francisco Bay Trail ² Pt. Molate - Project Area Trails Development - May 1, 2018 Feet O:/Trails_Dev/Maps 0 400 800 1,600 2,400 3,200 Board Maps/sfbt_PtMolate-Chevron
LOCATION MAP
Pt. San Pablo Yacht Club CHEVRON USA INC
EBRPD CHEVRON USA INC Easement Area (.6 mi. - Chevron)
CHEVRON USA INC Winehaven Historic District Proposed SF Bay Trail CHEVRON USA INC (1.4 mi. - Richmond) City of Richmond's Point Molate Property
Point Molate Beach Park
CHEVRON USA INC
EBRPD Easement Area (1.1 mi. - Chevron) CHEVRON USA INC
Legend SF Bay Trail CHEVRON USA INC Richmond / San Rafael Bridge Schematic Proposed Project Area Point Richmond 35 Page Left Blank Intentionally
36 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
e. Authorize a Memorandum of Understanding with the Contra Costa County Auditor-Controller for the Payment of Under Collected Taxes for East Bay Regional Park District Measure WW General Obligation Bonds (Spaulding/Auker/Victor)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve a resolution authorizing a Memorandum of Understanding with the Contra Costa County Auditor-Controller for the Payment of Under Collected Fiscal Year 2018-19 Taxes for East Bay Regional Park District Measure WW General Obligation Bonds which will require full repayment by August 15, 2019.
REVENUE/COST
The property tax collected for this levy is committed solely to the payment of general obligation debt principal, interest and trustee fees on Measure WW bonds.
BACKGROUND
Annually, the Finance Department calculates the necessary tax levy rate to ensure sufficient funds are collected to pay the debt service on the District’s bonds. The Park District’s Board of Directors approves the tax levy calculation in July, to ensure that the counties can place the levy on the following fiscal year’s property tax rolls.
The calculated tax levy rate information is provided to both the Alameda and Contra Costa County Auditor-Controllers’ Offices in August. The Treasurer-Tax Collector prints and mails the tax bills in September, based on the information provided by the Auditor-Controller.
Early in 2019, Finance staff became aware that parcels in Contra Costa County had been assessed with an incorrect tax levy rate. Parcels were assessed at the lower 2017-18 tax rate of .0021%, rather than the 2018-19 rate of .0057%. The Contra Costa County Auditor-Controller was contacted immediately and confirmed that the 2017-18 rate had been carried forward in error.
37 The Park District and the Contra Costa County Auditor-Controller have recommended a solution to the 2018-19 under collection of taxes which is documented in the attached Memorandum of Understanding (MOU). The MOU requires the Auditor-Controller to advance the necessary funds of approximately $7.4 million to the Park District to ensure that debt service payments are not impacted. The Auditor-Controller is able to advance the tax levy funds in part because Contra Costa County is on the “Teeter Plan,” which allows counties to finance property tax receipts for local agencies by advancing property taxes. In exchange, counties on the “Teeter Plan” retain penalties and interest on delinquent taxes.
In order to repay the advanced funds and recover the under collected .0036% tax levy from the current year, the District will need to assess a higher tax rate levy in future years. The District has calculated that spreading a higher tax levy over the next fiscal year will be possible, without exceeding the $10.00 per $100,000 of Assessed Valuation (AV) that was promised to voters when Measure WW was approved.
At this time, it is not possible to determine the exact rate that will need to be levied. The tax levy rate will depend on how quickly AV has grown in the two counties, and the total Assessed Valuation for the assessment area. This information will be available in late July.
Finance staff has worked with legal counsel and bond counsel to draft the attached MOU which will memorialize the method by which the taxes will be collected.
Measure WW Bonds - In November 2008, voters of Alameda and Contra Costa counties approved Measure WW, providing authorization to issue $500 million in general obligation bonds for open space acquisition, parkland and trail development, and resource protection. The initial bonds were issued in October 2009. The second series was issued in July 2013, and a third series issued in November 2017. The WW bonds are also secured and repaid through an ad valorem tax levied upon property subject to taxation within and by the Park District. All proceeds of this tax are deposited into a separate fund and used solely for the payment of the bond debt service.
Staff will provide the final calculation for the tax levy to the Board Finance Committee at the August 28, 2019 meeting.
ALTERNATIVES
No alternative is recommended as the Park District is obligated by bond covenants to set the yearly property tax rate at a level sufficient to pay the annual debt principal and interest.
38 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZE A MEMORANDUM OF UNDERSTANDING WITH THE CONTRA COSTA COUNTY AUDITOR-CONTROLLER FOR THE PAYMENT OF UNDER COLLECTED TAXES FOR EAST BAY REGIONAL PARK DISTRICT MEASURE WW GENERAL OBLIGATION BONDS
WHEREAS, under authorization of a 2/3 voter approval of the East Bay Regional Park District’s (Park District) electorate in 2008, the Park District issued Measure WW General Obligation Bonds; and
WHEREAS, the outstanding bonds have been issued in accordance with the provisions of Section 5568 of the Public Resources Code of the State of California, and pursuant to resolutions duly adopted by the Board of Directors of the East Bay Regional Park District; and
WHEREAS, the bonds are a general obligation of the Park District and the Park District is obligated to levy an ad valorem tax for the payment of the bonds, and interest thereon, upon all property within the Park District subject to taxation by the Park District; and
WHEREAS, the failure to levy at the correct tax rate for the 2018-19 tax year by Contra Costa County resulted in a shortfall of $7,381,883; and
WHEREAS, it is in interest of the Park District and the Contra Costa County Auditor- Controller to enter into this Memorandum of Understanding to provide certainty with respect to the recovery of the deficiency amount of tax levied; and
WHEREAS, the Contra Costa County Auditor has agreed to advance the deficiency amount to the Park District by August 15, 2019; and
WHEREAS, the Park District will submit to Contra Costa County for adoption an ad valorem tax rate for fiscal year 2019-2020 sufficient to satisfy the payment of debt service on the Measure WW Bonds, including the deficiency amount; and
WHEREAS, the Park District’s Chief Financial Officer has calculated that the higher tax levy over the next fiscal year will be possible without exceeding the tax rate of $10.00 per $100,000 of Assessed Valuation (AV) that was promised to voters when Measure WW was approved.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a Memorandum of Understanding with the Contra Costa County Auditor-Controller for the Payment of Under Collected Fiscal Year 2018-19 Taxes
39 for East Bay Regional Park District Measure WW General Obligation Bonds which will require full repayment by August 15, 2019; and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized to take appropriate action as necessary to prepare the final calculations and inform the Contra Costa County Auditor-Controller of the Park District’s 2019/2020 tax rate to be levied, and such tax rate shall be in effect until amended by the Park District; and
BE IT FURTHER RESOLVED, that staff will provide the final calculated tax rate to the Finance Committee at the August 28, 2019 Board Finance Committee meeting, and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized and directed on behalf of the Park District, and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate, to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of July 2019 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
40 MEMORANDUM OF UNDERSTANDING
Relating to Tax Rates for the
EAST BAY REGIONAL PARK DISTRICT (Counties of Alameda and Contra Costa, California)
THIS MEMORANDUM OF UNDERSTANDING (the “Memorandum”), made and entered into as of July __, 2019, is by and between the EAST BAY REGIONAL PARK DISTRICT (the “District”), and the County of Contra Costa Auditor-Controller (the “Auditor”). The District and Auditor may sometimes herein be referred to individual as a “Party” or collectively as the “Parties”.
RECITALS:
WHEREAS, more than two-thirds of the qualified voters of the District, voting at a special district election held on November 4, 2008, authorized the issuance by the District of general obligation bonds in the principal amount of $500,000,000 (the “Measure WW Bonds”) to finance acquisition and improvement of regional parks, trails and recreation facilities; the purchase and restoration of open space and wildlife corridors; and acquisition and development of local parklands by cities and local park and recreation districts; and
WHEREAS, the Measure WW Bonds are payable solely from ad valorem property taxes levied by the District at the rates adopted by Contra Costa County (the “County”) and Alameda County; and
WHEREAS, the District provides to the Auditor, by August 31 of each year, the ad valorem tax rate for the coming fiscal year for all taxable property in the County in order to ensure receipt of sufficient funds for the payment of debt service on the Measure WW Bonds; and
WHEREAS, following the District’s submission of the ad valorem tax rate for the coming fiscal year, the County adopts ad valorem tax rates for that year; and
WHEREAS, the District approved a 2018-19 ad valorem tax rate of 0.0057%; and
WHEREAS, the Board adopted an ad valorem tax rate of 0.0021%, which was the tax rate applicable in the previous year, rather than the tax rate of 0.0057% that was approved by the District for 2018-19; and
WHEREAS, as a result of adoption of the ad valorem tax rate of 0.0021%, insufficient property taxes were collected to pay the full debt service amounts due on the Measure WW Bonds on March 1, 2019 and September 1, 2019 (the “Under Levied Payment Dates”); and
WHEREAS, the failure to levy at the correct tax rate for the Under Levied Payment Dates resulted in a shortfall of $7,381,883 (the “Deficiency Amount”); and
WHEREAS, it is in interest of the District and the Auditor to enter into this Memorandum to provide certainty with respect to the recovery of the Deficiency Amount.
A-1 41 AGREEMENT:
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties hereto agree as follows:
SECTION 1. Tax Rate. The District will submit to the County for adoption an ad valorem tax rate for fiscal year 2019-20 sufficient to satisfy the payment of debt service on the Measure WW Bonds, including the Deficiency Amount.
SECTION 2. Teeter Advance. Under the Teeter Plan, the Auditor shall advance to the District funds in the amount of the Deficiency Amount (the “Teeter Advance”). The Auditor shall electronically transfer the Teeter Advance to the District by August 15, 2019.
SECTION 3. Term. This Memorandum shall terminate upon the last of the following events: the Auditor electronically transfers the Teeter Advance to the District and the Auditor submits the ad valorem property tax rate for fiscal year 2019-20 described in Section 1 of this Memorandum to the Board of Supervisors for adoption.
SECTION 4. No Third-Party Beneficiaries. Other than the Auditor and the District, no third person shall be entitled, directly or indirectly, to base any claim or to have any right arising from, or related to, this Memorandum.
SECTION 5. Reservation of Rights. Notwithstanding any provision of this Memorandum, each Party reserves all claims, causes of action, and any and all other rights it has or may have against the other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims, causes of action, or rights.
Section 6. Entirety of Contract. This Memorandum, including any documents expressly incorporated by reference whether or not attached hereto, constitutes the entire agreement between the parties relating to the subject of this Memorandum and supersedes all previous agreements, promises, representations, understandings and negotiations, whether written or oral, among the parties with respect to the subject matter hereof.
IN WITNESS WHEREOF, this Memorandum was executed by the parties hereto as of the date first above written.
EAST BAY REGIONAL PARK DISTRICT
By District Officer
CONTRA COSTA COUNTY AUDITOR-CONTROLLER
By Robert Campbell Auditor-Controller
A-2 42 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Exercise the Purchase Option, and Accept, Transfer and Appropriate Funds for the Acquisition of 1.5 Acres of Land, a Public Recreational Trail Easement, and an Emergency Vehicle and Maintenance Access Easement from Lawrence A. Gosselin and Lorraine D. Rollins: Doolan Canyon Regional Preserve (Reeves/Kelchner)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize staff to exercise the purchase option to acquire 1.5 acres of land, a public recreational trail easement, and an emergency vehicle and maintenance access easement (Property Rights) from Lawrence Gosselin and Lorraine Rollins (Sellers), and to accept, transfer and appropriate funds for this acquisition. The subject property is located at 6550 and 6600 Collier Canyon Road, Livermore, in an unincorporated area of Alameda County immediately east of Doolan Canyon Regional Preserve.
REVENUE/COST
The Property Rights may be acquired for $264,400, their fair market value as determined by an independently prepared property valuation appraisal, plus acquisition related costs as described below. Pursuant to the option, purchase and sale agreement between the Park District and Sellers (Agreement), an initial option payment of $20,000 was previously deposited into escrow, $10,000 of which has been released from escrow to Sellers. The entire option payment is to be credited toward the purchase price. Pursuant to the Agreement, the Park District has until July 31, 2019 to exercise the purchase option, and until August 16, 2019 to close escrow.
Fifty percent of the purchase price for the proposed acquisition will be funded by a $132,200 grant from the Alameda County Altamont Landfill & Resource Recovery Facility Open Space Advisory Committee (Altamont Funds). The Board authorized staff to submit an application for grant funding to the Advisory Committee on May 2, 2017 (Board Resolution No. 2017-05-112), which awarded the grant on September 15, 2017. The May 2, 2017 Board action included an appropriation of $132,200 in Measure WW acquisition funds to match the Altamont Funds grant. Today’s Board action will appropriate additional Measure WW funds to cover remaining acquisition related expenses. With today’s appropriation, the remaining balance in Measure WW acquisition funds for the Doolan Canyon allocation area will be $1,027,000.
43 This Board action authorizes the acceptance, transfer and appropriation of Altamont Funds and Measure WW acquisition funds as follows:
SOURCE OF FUNDS: Altamont Settlement Agreement Open Space Account (Alameda County) $132,200 Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00) 59,000 TOTAL CURRENT APPROPRIATION $191,200
USE OF FUNDS: Gosselin-Rollins/Doolan Canyon Regional Preserve Acquisition (CIP 242800) 50% of Purchase Price $132,200 Survey Costs 30,000 Title Insurance and Escrow Fees 4,000 Staff Time 25,000 TOTAL CURRENT PROJECT COST $191,200
Previously Appropriated Funds: 195,400 TOTAL PROJECT COST $386,600
BACKGROUND
The Park District’s 2013 Master Plan identified the Doolan Canyon area north of the communities of Dublin and Livermore as the location for a future regional preserve. Measure WW, the regional parks bond approved by East Bay voters in November 2008, set aside funding to acquire land in this area in order to preserve the expansive open landscapes found there and to provide public recreational trail access for hiking, biking and equestrian uses. The footprint for Doolan Canyon Regional Preserve was established in 2010 with the acquisition of the 640-acre Schmitz property. The new Preserve is currently land banked and remains closed to the public until a land use plan for the Preserve is adopted and public recreational access into the Preserve has been developed.
For the past several years the Park District has looked for opportunities to work with neighboring property owners to locate and acquire a suitable site to develop a staging area for public recreational access into the Preserve. On May 6, 2014 by its Resolution No. 2014-05-098, the Board authorized staff to begin negotiations with the Sellers for acquisition of the above described Property Rights in order to provide a future point of access into the Preserve from Collier Canyon Road. On April 18, 2017 by its Resolution No. 2017-04-102, the Board authorized staff to enter into the Agreement with the Sellers for the acquisition of these Property Rights. Extensive land survey work was necessary to accurately map the Sellers’ entire 141-acre property as well as the proposed 1.5-acre staging area site and the two easements connecting from the site across the Sellers’ property to the Preserve boundary. With this work now completed, staff is ready to proceed with the acquisition subject to final Board approval.
The proposed staging area site fronts on Collier Canyon Road, the main north/south arterial in the area connecting Interstate 580 with Highland Road to the north. In this area, Collier Canyon Road is a two-lane, undivided, public road without shoulder improvements. The site is located
44 at the entrance to the Sellers’ property and is at grade with Collier Canyon Road. The proposed trail and EVMA easements will travel approximately one-half mile across the Sellers’ property from the staging area site west to the Preserve boundary. The Sellers operate a commercial equestrian facility on the property, and the trail easement is to be located along the southernmost portion of the property in order to separate future public trail use from these facilities. The EVMA easement will be located along existing ranch roads and will provide a secondary point of access for staff and emergency vehicles into Doolan Canyon from the eastern side of the Preserve.
The Sellers’ lands are enrolled in an agricultural preserve that is subject to a Land Conservation Contract pursuant to the Williamson Act, the purpose of which is to preserve productive agricultural lands. Pursuant to Government Code Section 51292, government entities are required to make certain findings prior to locating public improvements on Williamson Act contracted lands. Staff has determined that the proposed acquisition is consistent with Section 51292 as it is not based on the lower cost of acquiring property in an agricultural preserve, and further that there is no other site within or outside of the agricultural preserve on which it would be reasonably feasible to develop the proposed staging area. The Park District will pay the full fair market value of the land as determined by an independently prepared property appraisal, and any cost differential of acquiring land within an agricultural preserve is not a factor in the proposed acquisition.
An Acquisition Evaluation (AE) conducted by staff is attached to this report. The purpose of the AE is to determine whether a proposed acquisition is consistent with the Park District’s Master Plan, and to evaluate the suitability of the property as an addition to the park system for resource conservation and/or public recreational purposes. The AE recommends that upon transfer to the Park District, the acquired Property Rights be placed into land bank status until a land use plan for the Preserve has been adopted and site-specific planning, design and construction of the staging area and trail access into the Preserve has been completed.
ALTERNATIVES
No alternatives are recommended.
45 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZATION TO EXERCISE THE PURCHASE OPTION, AND ACCEPT, TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION OF 1.5 ACRES OF LAND, A PUBLIC RECREATIONAL TRAIL EASEMENT, AND AN EMERGENCY VEHICLE AND MAINTENANCE ACCESS EASEMENT FROM LAWRENCE A. GOSSELIN AND LORRAINE D. ROLLINS: DOOLAN CANYON REGIONAL PRESERVE
WHEREAS, by its Resolution No. 2014-05-098 adopted May 6, 2014, the Board of Directors of the East Bay Regional Park District authorized negotiations with Lawrence A. Gosselin and Lorraine D. Rollins (Sellers) for the acquisition of certain property rights; and
WHEREAS, under direction given by the Board, staff negotiated an option, purchase and sale agreement with the Sellers (Agreement) for the acquisition of a 1.5-acre portion of Sellers’ land together with a public recreational trail easement and an emergency vehicle and maintenance access easement across Sellers’ property (Property Rights); and
WHEREAS, by its Resolution No. 2017-04-102 adopted April 18, 2017, the Board authorized staff to enter into the Agreement for the acquisition of the Property Rights; and
WHEREAS, the Property Rights may be acquired for $264,400, their fair market value as determined by an independently prepared property valuation appraisal; and
WHEREAS, acquisition of the Property Rights will secure a site for future development of a staging area to provide public recreational trail access into Doolan Canyon Regional Preserve for hiking, biking and equestrian uses; and
WHEREAS, fifty percent of the purchase price for the Property Rights will be funded by a $132,200 grant from the Alameda County Altamont Landfill & Resource Recovery Facility Open Space Advisory Committee (Altamont Funds); and
WHEREAS, the Property Rights to be acquired are located within an agricultural preserve that is subject to a Land Conservation Contract pursuant to the Williamson Act, requiring that government entities make certain findings under Government Code Section 51292 prior to locating public improvements on contracted lands; and
WHEREAS, under the California Environmental Quality Act (CEQA) and the District’s Environmental Review Manual, this action by the Board is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation;
46 NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to exercise the purchase option for the purchase of the above described Property Rights; and
BE IT FURTHER RESOLVED that, pursuant to Government Code Section 51292, the Board hereby finds that the proposed acquisition is not based on the lower cost of acquiring property in an agricultural preserve, and further that there is no other site within or outside of the agricultural preserve on which it would be reasonably feasible to develop the proposed staging area and public recreational trail access; and
BE IT FURTHER RESOLVED that the Board authorizes the acceptance and appropriation of $132,200 in Altamont Funds to capital acquisition project account Gosselin-Rollins/Doolan Canyon Regional Preserve Acquisition (CIP 242800) to be applied toward the purchase of the Property Rights as shown on the attached Budget Change Form; and
BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $59,000 from project account Designated Acquisitions - Measure WW Undesignated (CIP 229900WW00), utilizing funds for the Doolan Canyon allocation area, to project account Gosselin-Rollins/Doolan Canyon Regional Preserve Acquisition (CIP 242800), to fund the balance of the purchase price of the Property Rights and to cover acquisition related expenses as shown on the attached Budget Change Form; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of July 2019 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
47 Page Left Blank Intentionally
48 GOSSELIN AND ROLLINS PROPERTY DOOLAN CANYON REGIONAL PRESERVE
ALAMEDA COUNTY Feet Planning/GIS Services [ 0 140 280 420 560 700
ty oun ta C Cos tra nty Con Cou eda Alam
d a
Ro
n
o y
n a
C
r e i l GOSSELIN + ROLLINS l o APN: 905-0005-001-01 C (101.57 acres) GOSSELIN + ROLLINS APN: 905-0005-006-02 (40.00 acres)
EBRPD DOOLAN CANYON REGIONAL EBRPD Proposed PRESERVE EVMA Easement (57,560 sq ft)
EBRPD Proposed EBRPD Proposed Staging Area Trail Easement (1.5 acres) (56,540 sq ft)
LOCATION MAP
MORGAN TERRITORY
ROUND VASCO VALLEY HILLS
LAS BYRON TRAMPAS VERNAL SYCAMORE POOLS VALLEY VASCO CAVES
BISHOP BRUSHY RANCH PEAK
DOOLAN CANYON ¨¦§580
PLEASANTON RIDGE SHADOW 49 CLIFFS O:\GIS\CMcKaskey\Projects_2017\ASD\Land\BoardMaps\DoolanCanyon\DL_Easement_ZoomOut.mxd Date: 3/28/2017 Page Left Blank Intentionally
50 ACQUISITION EVALUATION
Doolan Canyon Regional Preserve Gosselin Property 1.5± acres APN: 905-0005-001-01 portion (Alameda County)
Background:
Doolan Canyon Regional Preserve is currently under land bank status and not open to the public. Access into the Preserve is from the end of the County-maintained portion of Doolan Road, however the topographic constraints along the route of the unimproved ranch road that extends into the Preserve at this location severely limit the feasibility of developing a staging area inside the Preserve boundaries. The proposed acquisition will secure a suitable site for the future development of a staging area to provide public recreational trail access into Doolan Canyon Regional Preserve from Collier Canyon Road for hiking, biking and equestrian uses, as well as provide a secondary point of access into the Preserve for park staff and emergency vehicles.
Site Description:
The Gosselin property is located in unincorporated Alameda County, north of Livermore, and borders Doolan Canyon Regional Preserve to the west. The property is bordered by Collier Canyon Road to the east and privately held land to the north and south.
The proposed acquisition consists of a 1.5± acre portion of the 141-acre Gosselin property as the site for a future staging area for the Preserve, together with two easements across the Gosselin property to provide public recreational trail access and emergency vehicle and maintenance access (EVMA) into the Preserve from Collier Canyon Road. The acquisition parcel fronts on Collier Canyon Road. The proposed recreational trail easement roughly parallels the southern boundary of the Gosselin property for approximately one-half mile to connect from the proposed staging area site to the Preserve boundary to the west. The proposed EVMA easement travels along an existing ranch road that extends from Collier Canyon Road to the Preserve boundary. A commercial equestrian facility operates on the Gosselin property, and both easements pass by existing barns, corrals and riding arenas. The trail easement has been located in order to separate future public trail use from these facilities.
County zoning for the Gosselin property is “A” Agricultural with a minimum lot size of 100 acres, and a General Plan designation of Resource Management. The property is located outside the Urban Limit Line and is subject to a Land Conservation Contract pursuant to the Williamson Act.
Natural and Cultural Resources:
The topography of the 1.5± acre acquisition site is predominately level with moderate slopes located on the northern portion of the site. Elevations range from 645 to 675 feet above sea
51 level. The soils at this site are predominately Diablo clay. The vegetation on the site is predominately non-native grasslands. An intermittent tributary of Collier Canyon Creek borders the recreational trail easement alignment to the south. There is one pond located adjacent to the recreational trail easement but is not within the easement area.
No cultural resources studies have been completed within the boundaries of the proposed acquisition and no historic structures within the Gosselin property have been identified.
Planning Issues:
Master Plan: This acquisition will be an addition to existing parkland and is therefore consistent with the Master Plan 2013 Regional Parkland and Trail Map as amended in July of 2013.
Land Use Planning: This acquisition will become an addition to Doolan Canyon Regional Preserve. No Land Use Plan has been completed for the Preserve, and the proposed acquisition will need to be included in any future land use planning process prior to being removed from land bank status and developed as a public access point into the Preserve.
CEQA Compliance: This acquisition is exempt from California Environmental Quality Act (CEQA) requirements under Section 15316 of the State CEQA Guidelines: the transfer of ownership of land in order to create parks.
Public Safety:
Police: The acquisition site is located within an unincorporated area of Alameda County. The site will not be open to the public and will not require time to patrol by officers on the ground and air until such time as a future staging area and recreational trail connection into the Preserve are developed. An RMS check of the address did not show any calls for service in the last five years. The Preserve is currently in land back status and closed to the public. There is an equestrian facility that is not included in the acquisition, but it is on site of the larger property, and potential conflict along the trail easement between dogs and horses may be anticipated in the future, which would necessitate additional medical calls for service and Ordinance 38 enforcement.
Future policing recommendations: • Install signage specifically related to leash requirements on the recreational trail easement. • Future discussion with the landowner to allow equestrians use of the emergency vehicle easement instead of confining them to the future recreational trail. • Surveillance camera installation for the staging area to prevent auto burglaries and/or assist with suspect identification. • Recommend installation of an automatic gate if feasible so staff does not have to manually close the staging area each night. • Boundary signs should be erected once the staging area and recreational trail are developed, for jurisdictional purposes. Park District gates and locks should be installed to prevent vehicular trespassing and vandalism. Ordinance 38 signage should be posted
52 at trailhead entrances for education and enforcement purposes when this site is opened to the public.
Fire: The Gosselin property location is classified as State Responsibility Area (SRA) for fire protection and is within the State’s Direct Protection Area. Mutual aid initial attack fire suppression resources would arrive within 20 minutes from Livermore-Pleasanton Fire Department and San Ramon Fire Protection District. CAL FIRE engines from the State’s Sunol Station would arrive within 20 to 30 minutes. Crews, dozers and air resources would also be dispatched. The Park District would respond with one or two engines, a watertender and overhead personnel from the closest staffed stations, either Station 1 (Tilden), Station 7 (Garin), Station 10 (Chabot) or all of them. Response time would be between 20 and 40 minutes, depending on from which station they were dispatched. The EBRPD helicopter would arrive within ten minutes or less from the Hayward Air Unit.
The Gosselin property is located within the State’s “High” Fire Hazard Severity Zone. A wildland fire would likely cause damage to infrastructure improvements, such as fences. A south or west wind could move a fire from the property to threaten homes and other structures to the north and east. In a recent three-year period (2015-2017), the Park District responded to zero fire incidents within Doolan Canyon Regional Preserve, which remains closed to the public.
Hazardous materials responses will be the responsibility of the Park District once the staging area and recreational trail are developed. Park District records document that in a recent three-year period (2015-2017), Doolan Canyon Regional Preserve had zero hazardous materials incidents.
In the same three-year period, Park District fire department personnel responded to zero medical incidents within the Preserve.
Fire Department Recommendations: • Conduct hazard mitigation and annual defensible space clearances around any future structures on park property, in compliance with State PRC 4291. • Support the local fire protection jurisdiction in their enforcement of defensible space requirements for nearby private structures, in compliance with State PRC 4291. • If cattle grazing is removed from the property, determine fuels management needs and strategies. • Include public education information at the future staging area and trailhead regarding fire risks, hazards, responsibilities and actions to minimize fire occurrence and losses. • Continue to strengthen mutual aid relationships with neighboring fire departments and protection districts, as well as with the State of California’s CAL FIRE to ensure adequate emergency response times. • Integrate wildland/urban interface fire considerations in Preserve land management planning and site development plans.
53 Acquisition Criteria: This property:
• Implements the adopted Park District Master Plan. • Presents an acquisition opportunity. • Helps maintain an equitable parkland distribution of facilities and programs throughout the District. • Provides an addition to the park system for public recreational purposes.
Recommendation for Land Bank Status: Yes X No ___
• The acquisition site is not located within an area covered by an approved Land Use Plan. The site can be removed from land bank status at such a time that a Land Use Plan for Doolan Canyon Regional Preserve is approved, and the site has been developed to provide public access into the Preserve.
Site Cost Estimate: Acquisition Estimate: $386,600
Safety and Security Estimate: $ 0
Maintenance and Operational Estimate (annual): $ 149 1 Total Five-Year Projection: $ 745
Timing: Close of escrow is anticipated to be on or before August 16, 2019.
1 Estimate is based upon the annual Land Base Operating Cost Methodology.
7/11/2019 N. Lavalle
54 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund Between Funds X From New Revenues X Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Project- Account Name: Expense: Capital-Land- Land Acquisition-District Wide-Land & Doolan Canyon-Gosselin-Rollins Property- Trails-Designated Acquisitions Land-Measure WW Bond Funds, Doolan Canyon/Tassajara Hills Acquisiton Allocation Area-Admin Costs
Account: 333-6330-000-7010/ Account: 333-6330-152-7010 / 242800 229900WW00-100 $ 59,000 WP24-100 $59,000 Account Name: Expense: Capital-Land- Doolan Canyon-Gosselin-Rollins Property- Land-Ala County Altamont Landfill Grant Funds, Doolan Canyon/Tassajara Hills Acquisiton Allocation Area-Purchase Price
Account: 333-6330-152-7010 / 242800 GS32-101 $132,200
REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on July 16,2019 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $59,000 Measure WW Bond funds from the Doolan Canyon/Tassajara Hills acquisition allocation area and the appropriation of $132,200 grant from the Alameda County Altamont Landfill funds, toward the purchase of the Gosselin-Rollins property. As approved at the Board of Directors Meeting on: Date: 7/16/2019 Board of Directors Resolution Number: 2019-07- Posted By: Date: Signature
T:\BOARDCLK\BOARD MATERIAL\2019\12 - July 16, 2019\S DRIVE\C-2-a ASD 242800 Gosselin Rollins Property Doolan Canyon-purchase 55 GENERAL MANAGER AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
3. GENERAL MANAGER
a. Authorize the 2019/2020 Tax Rate to be Levied by Alameda and Contra Costa Counties for the Payment of East Bay Regional Park District Measure WW General Obligation Bonds (Spaulding/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve a resolution authorizing staff to calculate the property tax rate per $100 of assessed valuation for the repayment of the East Bay Regional Park District’s (Park District) principal and interest on the Measure WW bonds. This 2019/2020 tax levy rate must be provided to Alameda and Contra Costa counties by August 31, 2019.
REVENUE/COST
The property tax revenue raised by this levy is committed solely to the payment of general obligation debt principal, interest and trustee fees on Measure WW bonds.
BACKGROUND
In November 2008, voters of Alameda and Contra Costa counties approved Measure WW, providing authorization to issue $500 million in general obligation bonds for open space acquisition, parkland and trail development, and resource protection. The initial bonds were issued in October 2009. The second series was issued in July 2013, and a third series issued in November 2017. The WW bonds are secured and repaid through an ad valorem tax levied upon property subject to taxation within and by the Park District. All proceeds of this tax are deposited into a separate fund and used solely for the payment of the bond debt service.
In November 1988, voters of Alameda and Contra Costa counties approved Measure AA, providing authorization to issue $225 million in general obligation bonds for open space acquisition, parkland and trail development, and resource protection. These bonds were issued at intervals since 1988, and the final series of bonds was issued in July 2006. The bonds were secured and repaid through an ad valorem tax levied upon property subject to taxation within and by the Park District, and 2018 was the final year that debt service payments were paid on Measure AA bonds. All Measure AA debt is not retired. The required tax is levied and collected by the county’s auditor-controller and tax collector on a July 1-June 30 fiscal year basis. The rate established in August 2019 will impact collections of the amount paid by taxpayers on December 10, 2019 and April 10, 2020. These revenues
57 collected are used for debt service payments for March 2020 interest-only payment, and September 2020 principal and interest.
The Park District is required to provide the counties with the 2019/2020 ad valorem tax rate before August 31, 2019. However, data required to calculate the rate is not provided to the Park District until early August. Adoption of the attached resolution will authorize staff to proceed with the rate calculation once the required information is received from the counties, and to file the tax rate information with the counties by the deadline. Staff will provide the final calculation to the Board Finance Committee at the August 28, 2019 meeting.
ALTERNATIVES
No alternative is recommended as the Park District is obligated by bond covenants to set the yearly property tax rate at a level sufficient to pay the annual debt principal and interest.
58 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZE THE 2019/2020 TAX RATE TO BE LEVIED BY ALAMEDA AND CONTRA COSTA COUNTIES FOR THE PAYMENT OF EAST BAY REGIONAL PARK DISTRICT MEASURE WW GENERAL OBLIGATION BONDS
WHEREAS, under authorization of a 2/3 voter approval of the East Bay Regional Park District’s (Park District) electorate in 2008, the Park District issued Measure WW General Obligation Bonds; and
WHEREAS, the outstanding bonds have been issued in accordance with the provisions of Section 5568 of the Public Resources Code of the State of California, and pursuant to resolutions duly adopted by the Board of Directors of the East Bay Regional Park District; and
WHEREAS, the bonds are a general obligation of the Park District and the Park District is obligated to levy an ad valorem tax for the payment of the bonds, and interest thereon, upon all property within the Park District subject to taxation by the Park District in 2019 and 2020;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the ad valorem tax rate per $100 of assessed valuation to be established; and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized to take appropriate action as necessary to prepare the final calculations and inform the Alameda and Contra Costa counties’ auditor-controller and tax collector of the Park District’s 2019/2020 tax rate to be levied, and such tax rate shall be in effect until amended by the Park District; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer will provide the final calculated tax rate to the Finance Committee at the August 28, 2019 Board Finance Committee meeting, and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized and directed on behalf of the Park District, and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate, to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of July 2019 by the following vote:
FOR: AGAINST: ABSTAIN: ABSENT:
59 Page Left Blank Intentionally
60 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
3. GENERAL MANAGER
b. Authorization to Amend the 2019 Budget for Mid-Year Appropriations and Transfers (Spaulding/Auker/Doyle)
RECOMMENDATION
The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors approve the 2019 mid-year appropriation increases and transfers, described below and on Exhibit A.
REVENUE/COST
This action will appropriate additional funds to the 2019 District Budget based on and identified needs that are: • needed to replenish contingency/reserves and infrastructure replacement funds, • needed for important activities that will take place prior to year-end, • ‘one-time’ appropriations or reduction of unfunded liabilities.
Total appropriations and transfers include:
East Contra Major Costa County- Infrastructure General Fund Lighting and Renov. & Available Landscape Replace Fund Promissory Unassigned Fund 221 553 Note Fund $9,850,240 $230,000 $640,000 $250,000
BACKGROUND
Each year, after the prior-year financial audit has been completed, staff determines whether funds exceeding the District’s reserve policies are available for one-time appropriations, to pay down unfunded liabilities, or for infrastructure renovation and replacement. This information is analyzed, along with comments from the annual Board Workshops, to make recommendations for mid-year budget adjustments. Staff also reviews the status of the current budget to determine
61 if additional funding is needed for high-priority projects that were not known at the time of the prior budget adoption.
Based on this mid-year review process, staff is recommending the proposed budget adjustments on Exhibit A. The proposed adjustments are primarily focused on General Fund appropriations, but also include appropriations from other sources. They are grouped into the following categories for your consideration: replenishment of reserves, General Fund appropriations, and adjustments to other funds. The sum of these proposed adjustments are within the amounts available as one-time opportunity funds, in excess of the District’s reserve requirements.
PROPOSED REPLENISHMENT OF CONTINGENCY / RESERVE FUNDS: This action will replenish the Election Costs assigned fund balance back to the established $2.2 million, Legal Reserves will receive a $400,000 appropriation to bring it back the target of $1.0 million, and the General Manger’s Contingency budget is recommended to be replenished by $114,850 for amounts expended to date. In addition to these fund balance replenishments, an additional $3 million transfer is recommended to be transferred to the Major Infrastructure Renovation and Replacement Fund, to fund maintenance of the District’s capital assets and systems.
The recommended $3 million transfer to the Major Infrastructure Renovation and Replacement (MIRR) Fund 553 will fund maintenance of the District’s major infrastructure, such as buildings, bridges, utilities, and roads. Since the adoption of the 2019 budget, the Board of Directors has appropriated $450,000 from the MIRR Fund. The actions proposed at mid-year would bring the fund balance of the Major Infrastructure Renovation and Replacement Fund to approximately $16 million.
PROPOSED NEW APPROPRIATIONS The Executive Team and the Board Finance Committee at their June 26th meeting have reviewed the District’s financial status and activities as of mid-year 2019 and identified needs for funding that meet the criteria described in the revenue cost section. Staff proposes the mid-year appropriations illustrated below and in Exhibit A, from these sources:
• $9.8 million use of General Fund 101, • $230,000 appropriation of East Contra Costa County Lighting and Landscape District Fund 221, • $640,000 use of Major Infrastructure Renovation and Replacement Fund 553, • $250,000 transfer of Promissory Note Funds for use in planning and design of the new Peralta Oaks North Building, as requested by the Finance Committee.
62 Proposed 2019 General Fund Appropriations:
Line Division/ # Location Description: Amount Coding 1 Fin & Mgmt Pre-fund MISC PERS employee 556-4140-000-3980 Svcs pension costs to achieve $1.5 $1,000,000 million in savings 2 Legal Replenish Legal Department 101-2120-000-6191 280,000 professional services budget. 3 Fin & Mgmt Peralta Oaks North 101-4160-000-6191 Svcs maintenance for April to Dec 60,000 2019 4 Exec & Leg Non-represented and Police 101-2050-000-6191 Association classification and 50,000 compensation review 5 Fin & Mgmt Professional grant writing 101-4130-000-6191 50,000 Svcs resources 6 ASD Increase committed land 333-9110-000-2885 general fund (DCLA) reserve 500,000 for land acquisition 7 ASD Point Isabel Stabilization project 336-7120-407-6191 300,000 / 518200 8 ASD Biomonitoring services for 101-7480-000-6191 100,000 routine maintenance project 9 ASD Sanitary Sewer Management 101-7480-000-6191 Plan Update as required by 100,000 RWQCB 10 ASD Moraga Bridge bike ped bypass 336-7340-6XX- related to the landslide in 50,000 6191 Moraga 11 Operations Equipment to assist with and 101-5110-000-6191 meet annual weed abatement 500,000 fire prevention deadlines 12 Operations/ Increased funding for fleet 101-5933-000-7505 100,000 Fleet replacement 13 Operations- Fuels management slope 101-5121-105-7505 85,000 Tilden mower for Tilden 14 Operations- Mower for Judge John Sutter 101-5151-441-7505 Judge John Regional Shoreline 40,000 Sutter 15 Operations- Start-up costs for Judge John 101-5151-441-5311 Judge John Sutter Regional Shoreline 30,000 Sutter
63 Proposed 2019 General Fund Appropriations Continued:
Line Division/ # Location Description: Amount Coding Operations- 2WD compact truck for Judge 16 Judge John $25,500 101-5151-441-7505 John Sutter Park Sutter Operations- Cameras and lighting in upper 101-5161-102-5111 Black parking lot at Black Diamond 17 20,000 Diamond Mines Mine Production of 53,000 Wildfire 18 Public Affairs Prevention Postcards to 102,700 101-3110-000-6575 residents in wildfire zones Creative Design facility lease at 19 Public Affairs 5653 Stoneridge Drive 12,000 101-3120-000-6731 extended for 5 years Fire Preparedness Campaign 20 Public Affairs 11,700 101-3110-000-5526 postage for 53,000 postcards Communication needs for 21 Public Affairs 4,790 101-3120-000-5172 grazing issue compliance Upgrade low band radio system 22 Public Safety software and equipment 500,000 101-8130-000-6191 including 9 radio tower sites Upgrade 4 police vehicles designated for replacement or 23 Public Safety 80,000 101-8120-000-7505 purchase in 2019 for Public Safety 19 EBRCSA radios and licenses 24 Public Safety for Lifeguard permanent staff 52,000 101-8130-000-5373 and one for each work site Fuels Crew vehicle upgrade 25 Public Safety from a van to a Dodge 3500 40,000 101-8310-000-7505 Crew Cab with utility body Character & Conduct Leader 26 Public Safety program for seasonal Lifeguard 23,700 101-8320-000-6191 field supervisors Secure storage of evidence 27 Public Safety 18,000 101-8250-000-6415 vehicles Total General Fund $ 4,135,390 Appropriations
64 PROPOSED MID-YEAR ADJUSTMENTS – OTHER FUNDS: It is also proposed that the District appropriate $250,000 transfer of Promissory Note Funds for use in planning and design of the new Peralta Oaks North Building, as requested by the Finance Committee. Also, $640,000 in Major Infrastructure Renovation and Replacement Funds is proposed for appropriation to for two projects. The East Contra Costa County LLD Fund is proposed to appropriate $230,000 to two projects, as listed below.
Proposed 2019 Other Fund Appropriations: Other Line Division/ Fund # Location Description: Source Approved Coding Preliminary planning and permitting of Peralta Oaks North in new project 156300, from existing Promissory 1 ASD project 152500 Note Funds $250,000 336-7110-756-6191 Major Infrastructure Renovation ASD-Dry Replace 5 Bridges and 2 Creek (#153900) Replacement 200,000 333-7120-157-7020 Major Infrastructure ASD/Sibley/ Restore Creek Renovation Claremont/ Bed (#159000) and 3 Huckleberry Replacement 440,000 333-7120-134-7020 East Contra Costa County East County Lighting and Operations/ Paving and Trail Landscape 4 Delta Unit Maintenance Fund 130,000 221-5170-000-6191 East Contra Costa County Operations/ East County Lighting and Interpretive Grazing Landscape 5 Parklands Infrastructure Fund 100,000 221-5160-000-6191
ALTERNATIVES
None are recommended.
65 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZATION TO AMEND THE 2019 BUDGET FOR MID-YEAR APPROPRIATIONS AND TRANSFERS
WHEREAS, the East Bay Regional Park District 2019 Operating, Projects and Programs Budget was adopted on December18, 2018; and
WHEREAS, annual adjustments to appropriations are proposed at mid-year; and
WHEREAS, The General Manager, DGM and AGMs have reviewed the District’s financial status and activities as of mid-year 2019 and identified needs for funding that:
• have arisen since the 2019 Adopted Budget was approved, • are needed for unanticipated, important activities that will take place prior to year-end, or; • are ‘one-time’ appropriations eligible for use of the ‘one-time’ funding source of the General Fund balance (i.e.: unsuitable for funding ongoing wages, benefits etc.); and
WHEREAS, the Board Finance Committee reviewed this item at their meeting on June 26, 2019, and recommended favorable consideration of this adjusted item, by the Board of Directors,
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves 2019 Mid-year Budget Adjustments and Appropriations as described in the preceding staff report and in the attached, Exhibit A; and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director and approved on this 16th day of July, 2019 by the following vote:
FOR:
AGAINST: ABSENT: ABSTAIN:
66 2019 Mid-Year Budget Review - Finance Committee Recommendation to Board of Directors
FUND SOURCE East Contra Costa County- Major General Fund Lighting and Infrastructure Available Landscape Renov. & Replace Promissory Note Unassigned Fund 221 Fund 553 Fund
Proposed Replenishment of Contingency/Reserves/Fund Balance 1 Major infrastructure Renovation & Replacement Fund $ 3,000,000 (3,000,000) 2 Replenish Election Contingency 2,200,000 3 Replenish General Fund Legal Reserves 400,000 4 Replenish General Manager Contingency 114,850
Proposed General Fund Appropriations 1 Fin & Mgmt Svcs Pre-fund MISC employee pension cost to achieve $1.5 million in savings 1,000,000 2 Legal Replenish Legal Department professional services budget. 280,000 3 Fin & Mgmt Svcs Peralta Oaks North maintenance for April to Dec 2019 60,000 4 Exec & Legis Non-represented and police association employees comp and class review 50,000 5 Fin & Mgmt Svcs Professional grant writing resources 50,000 6 ASD Increase committed land acquisition reserve funds for land acquisition 500,000 7 ASD-Point Isabel Point Isabel Stabilization; Project 518200 300,000 8 ASD Biomonitoring Consultants for routine maintenance project 100,000 9 ASD Sanitary Sewer Management Plan Update 100,000 10 ASD Moraga Bridge bike ped bypass related to the landslide in Moraga 50,000 11 Operations Equipment to assist with and meet annual weed abatement deadlines 500,000 Operations/Fleet 12 Replacement Increased funding for fleet replacement 100,000 13 Operations-Tilden Fuels management slope mower for Tilden 85,000 Operations-Judge John 14 Sutter John Deere mower for Judge John Sutter Park 40,000 Operations-Judge John 15 Sutter Start up costs for Judge John Sutter Park 30,000 Operations-Judge John 16 Sutter 2WD compact truck for Judge John Sutter Park 25,500 Operations-Black 17 Diamond Mine Cameras and lighting in upper parking lot at Black Diamond Mines 20,000 18 Public Affairs Produce 53,000 Wildfire Prevention Postcards to residents in wildfire zones 102,700 19 Public Affairs Creative Design facility lease at 5653 Stoneridge drive extended for 5 yrs 12,000 20 Public Affairs Fire Preparedness Campaign postage for 53,000 postcards 11,700 21 Public Affairs Communication needs for grazing issue compliance 4,790 22 Public Safety Upgrade low band radio software and equipment including 9 radio tower sites 500,000
23 Public Safety Upgrade 4 vehicles designated for replacement or purchase in 2019 for Public Safety 80,000 24 Public Safety 19 radios and licenses for Lifeguard permanent staff and one for each work site 52,000
25 Public Safety Fuels Crew vehicle upgrade from Dodge 3500 Crew Cab with utility body, instead of a van. 40,000 26 Public Safety Character & Conduct Leader program for seasonal Lifeguard field supervisors 23,700 27 Public Safety Secure storage of evidence vehicles 18,000
Proposed Other Fund Appropriations Transfer Promissory Note Funds for preliminary planning and permitting of Peralta Oaks 1 ASD North in new project 159300, from existing project 152500 250,000 2 ASD Replace 5 Bridges (#153900) at Dry Creek 200,000 3 ASD Restore Creek Bed (#159000) at Sibley/Claremont/Huckleberry 440,000 4 Operations East County Paving and Trail Maintenance 130,000
5 Operations East County Grazing Infrastructure 100,000
TOTAL PRPOSED MID-YEAR BUDGET ADJUSTMENTS $ 9,850,240 # $ 230,000 $ (2,360,000) $ 250,000
CURRENT BALANCE OF FUNDING SOURCE $ 10,768,616 $ 579,120 $ 13,820,830 $ 5,737,070 REVISED BALANCE AFTER MID-YEAR BUDGET ADJUSTMENTS $ 918,376 # $ 349,120 $ 16,180,830 $ 5,487,070 Page Left Blank Intentionally
68 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
3. GENERAL MANAGER
c. An Ordinance of the Board of Directors of the East Bay Regional Park District Providing for a Five Percent Increase in Board Member Compensation from $100 to $105 for Each Day’s Attendance at a Compensable Meeting of the Board (Victor/Doyle)
RECOMMENDATION
The General Manager and Board Executive Committee (by unanimous vote) recommend that the Board of Directors adopt the attached Ordinance providing for a five percent (5%) increase in Board member compensation from $100 to $105 for each day’s attendance at a compensable meeting of the Board.
REVENUE/COST
The maximum cost associated with this action is $4200 annually assuming each Board member attends ten compensable meetings per month. Actual costs will likely be less. Funding is available in the 2019 budget to absorb the costs associated with this action.
BACKGROUND
In 2018, the State Legislature passed, and the Governor signed, AB 2329 (Obernolte), which makes certain changes to the laws governing compensation for Boards of Directors for certain public agencies, including the East Bay Regional Park District (“Park District”). The new law, among other things, allows the Board of Directors to increase the amount of compensation received for attending meetings of the Board by up to five percent (5%) annually. Previously, compensation was set by statute and could only be increased by the Legislature.
Currently, Directors receive $100 for each compensable meeting per day up to a maximum of ten days per calendar month. The $100 per meeting/per day amount has not been changed since 1980. In 1990, the number of compensable meetings was increased from five to ten days per month. Thus, while the size and complexity of the Park District and the responsibilities of Directors has greatly increased, Board member compensation has not changed in almost 30 years.
69 The procedures for increasing the amount of Board compensation received for attending meetings are set forth in the California Water Code section 20200 et seq., and outlined below:
• Publish a notice of the hearing in the newspaper once per week for two consecutive weeks. • Hold a public hearing. • The ordinance will become effective 60 days after adoption.
The appropriate public notice was published on June 26, 2019 and July 3, 2019 in the Contra Costa Times, Valley Times, and Oakland Tribune. The public notice and draft ordinance were also posted on the Park District’s website and at the Park District’s headquarters. Following the public hearing and acceptance of public comments on this matter, the Board may discuss and choose to either adopt the attached ordinance or close the public hearing and defer action until a later date.
ALTERNATIVES
If the Board decides not to move forward with adoption of the attached ordinance, the per meeting compensation will remain at the current rate of $100 per day for each compensable meeting up to a maximum of $1,000 per month.
70 ORDINANCE NO. --
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT PROVIDING FOR A FIVE PERCENT INCREASE IN BOARD MEMBER COMPENSATION FROM $100 TO $105 FOR EACH DAY’S ATTENDANCE AT A COMPENSABLE MEETING OF THE BOARD
WHEREAS, the East Bay Regional Park District is a special district duly organized and existing under and pursuant to California Public Resources Code section 5500 et seq.; and
WHEREAS, California Public Resources Code section 5536 sets forth the authority for establishing compensation for members of the Board of Directors of the East Bay Regional Park District; and
WHEREAS, current Board member compensation is one hundred dollars ($100) per day for each attendance at a compensable meeting of the Board, up to a maximum of ten (10) days per calendar month; and
WHEREAS, the one hundred dollars ($100) per day amount has not been increased since 1980; and
WHEREAS, in 1990, section 5536 was amended to increase the number of compensable meeting days from five (5) to ten (10) days per calendar month for Directors of the East Bay Regional Park District; and
WHEREAS, on June 4, 2019 by Resolution No. 2019-06-122, as required by recently enacted legislative changes (AB 2329, Obernolte), the Board of Directors made findings of the extraordinarily broad scope of responsibilities of the Board of Directors, which findings are incorporated herein as though set forth in full; and
WHEREAS, section 5536 was amended in 2018 to allow the Board of Directors, by ordinance pursuant to the procedures set forth in California Water Code section 20200 et seq. to increase the amount of compensation received for attending meetings of the Board; and
WHEREAS, California Water Code section 20202 provides that an increase in compensation may not exceed an amount equal to five percent (5%) for each calendar year following the operative date of the last adjustment; and
WHEREAS, the Board desires to establish the amount of compensation by way of this Ordinance in accordance with the provisions of the California Water Code; and
WHEREAS, in accordance with section 20203 of the California Water Code and section 6066 of the California Government Code, a public hearing was held on July 16, 2019, at 1:00 pm, at the Board Room at 2950 Peralta Oaks Court, Oakland, California, and a notice of said hearing was physically posted at the Park District headquarters and the Park District’s website and duly
71 published in the Contra Costa Times, Valley Times, and Oakland Tribune for two weeks as follows: on June 26, 2019 and July 3, 2019; and
NOW THEREFORE, BE IT ORDAINED by the Board of Directors of the East Bay Regional Park District as follows:
Section 1. The amount of compensation to be received by the Board of Directors for each day’s attendance at meetings of the Board shall be increased five percent (5%) from one hundred dollars ($100) to one hundred five dollars ($105) per day.
Section 2. The determination of whether a Director’s activities on any specific day are compensable shall be made pursuant to Government Code section 53232 et seq. and set forth in the Board Operating Guidelines.
Section 3. No Director shall receive the compensation set forth in Section 1 of this Ordinance for more than ten (10) days in any calendar month.
Section 4. This Ordinance shall be published once within thirty (30) days after adoption in a newspaper of general circulation printed, published, and circulated in the East Bay Regional Park District.
Section 5. Pursuant to California Water Code section 20204, this Ordinance shall take effect sixty (60) days from the date of adoption.
Section 6. If any section, subsection, clause, or phrase in this Ordinance is for any reason held invalid, the validity of the remainder of this Ordinance shall not be affected thereby. The Board of Directors hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof be held invalid.
Section 7. The General Manager of the East Bay Regional Park District is authorized to make conforming changes to the Board Operating Guidelines to reflect this compensation increase.
Section 8. All other previously enacted Ordinances and Resolutions providing for Board member per diem compensation shall be rescinded in its entirety and superseded by this Ordinance.
Moved by Director ______, seconded by Director ______, and adopted this 16th day of July, 2019 by the following vote:
FOR: AGAINST: ABSTAIN: ABSENT
72 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
3. GENERAL MANAGER
d. Adoption of Resolution to Phase-Out Glyphosate Use for Maintenance of Developed Park Areas (Kelchner/O’Connor/Alvarez)
RECOMMENDATION
The General Manager recommends that the Board adopt the attached resolution directing staff to prepare an implementation plan for the phase-out of glyphosate in developed park areas. As stated in the resolution, the implementation plan would include recommended alternatives to glyphosate, a plan for prioritizing implementation in park areas with the highest visitation (including high-use picnic areas), and an estimate of associated financial and labor impacts. The resolution would also require an annual report on the progress of “getting to zero” for glyphosate.
BACKGROUND
In 1987, the Park District adopted an Integrated Pest Management (IPM) Policy and Practices which requires that herbicides and other pesticides are used only as a last resort. The policy states that the program will “eliminate the use of chemicals as much as feasible whenever alternative methods are effective.” The Park District has implemented this policy for over thirty years, continually working to implement and improve upon the best available practices for management of noxious weeds in public parklands managed by the Park District.
In recent years, although there is not accepted scientific consensus that glyphosate is a carcinogen, public concerns persist about its safety. To address these concerns, in 2016 the Park District implemented modifications to its IPM practices which focused on early intervention strategies and organic products as an alternative to the use of glyphosate. After two years of implementation (2016-2018), these modifications resulted in a 66% reduction in the total amount of glyphosate used for park maintenance across the Park District.
At the April 10 and June 12, 2019 public meetings of the Board of Directors Natural and Cultural Resources Committee, the Committee members expressed interest in further reducing the use of glyphosate in areas of the parks that are most heavily used by the public. In response, staff recommends furthering these reductions until the use of glyphosate is completely eliminated for maintenance of Developed Areas of parks. As defined in Ordinance 38, the term “Developed
73 Areas” includes: “any public road, lawn or play field, deck, parking lot, picnic area, campground, group camp, concession area, equestrian center, archery facility, gun range, paved multi-use Regional Trail, beach, swim area, swimming pool or any other area specially designated from time to time by the Board as so restricted.” (EBRPD Ordinance 38: Rules and Regulations, Sections 417 and 801.2.)
Currently the Park District does not use glyphosate in areas around playgrounds or drinking fountains. Further reductions in glyphosate use for all developed areas of parks will require careful planning to ensure continued protection of health and safety while implementing a fiscally responsible phase-out program. For example, one of the most important uses of glyphosate currently is to keep vegetation away from ignition sources such as barbeques and fire pits. Safe and effective alternative methods can include the use of organic products, additional manual labor, or installation of replacement facilities more resistant to weed growth. The amount of time needed to completely eliminate glyphosate in these areas will largely depend on the resources allocated to implement these or other alternative IPM practices.
Park District staff recommends that the Board adopt the attached resolution. Staff will present for the Board of Director’s consideration a Resolution to Phase-Out Glyphosate for Maintenance of Developed Park Areas. The resolution was considered by the Board Natural and Cultural Resources Committee on June 12, 2019. With a unanimous vote, the Committee recommends the resolution to the full Board of Directors for adoption.
ALTERNATIVES
No alternatives are recommended.
74 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 - 07 -
July 16, 2019
ADOPTION OF RESOLUTION TO PHASE-OUT GLYPHOSATE USE FOR MAINTENANCE OF DEVELOPED PARK AREAS
WHEREAS, the East Bay Regional Park District (Park District) has long been committed to minimizing the use of herbicides and pesticides on Park District owned and managed parks that could adversely affect public or employee health; and
WHEREAS, in 1987, the Park District authorized an Integrated Pest Management (IPM) policy and practices to review and regulate pest control activities, requiring that pesticides and herbicides are used only as a last resort, and only after physical, cultural and biological pest controls are used first; and
WHEREAS, the Park District’s IPM policy states that the Park District “will strive to implement an integrated pest management program which eliminates the use of chemicals as much as feasible whenever alternative methods are effective;” and
WHEREAS, the Park District already does not use products containing glyphosate near playgrounds or drinking fountains located in its regional parks; and
WHEREAS, in 2016, the Park District implemented a pilot program to further reduce the use of glyphosate in developed areas of its parklands through the use of organic and manual methods for weed control; and
WHEREAS, by the end of 2018, implementation of the pilot program resulted in a two- thirds (66%) reduction in the Park District’s use of glyphosate for park maintenance; and
WHEREAS, to address concerns about potential health, safety and welfare impacts of glyphosate, the Park District desires to phase out the use of glyphosate for park maintenance practices in all Developed Areas of regional parks, as defined by the Park District’s Ordinance 38: Rules and Regulations, Sections 417 and 801.2; and
WHEREAS, the Park District desires to conduct a full analysis of its IPM practices to take advantage of new technologies, new procedures, and best practices related to chemical-free pest management approaches; and
WHEREAS, the Park District intends to continue to expand its use of alternative methods for weed control, including design elements, specialized equipment, organic and manual methods;
75 NOW, THEREFORE, BE IT RESOLVED that to address concerns about the potential impacts of glyphosate on the health, safety and welfare of employees and the public, the Board of Directors of the East Bay Regional Park District hereby:
1. Directs the General Manager to continue the Park District’s practice of not using products containing glyphosate near any playgrounds or drinking fountains; and
2. Commends the General Manager for reducing the use of glyphosate for park maintenance by 66% since 2016; and
3. Directs the General Manager to further these reductions until the use of glyphosate is eliminated for maintenance of Developed Areas of parks; and
4. Directs the General Manager to develop an implementation plan for the elimination of products containing glyphosate for maintenance of Developed Areas of parks, including:
a. A recommendation for expansion of park maintenance practices that provide an alternative to glyphosate use, including weed abatement by design solutions, the use of efficient equipment, and organic and manual methods for weed control; and
b. An analysis of the estimated fiscal impacts associated with the elimination of glyphosate for park maintenance, including costs for labor and equipment required to increase the use of alternative methods for weed control; and
c. A recommendation that picnic areas be a priority for phase-out of the use of glyphosate, starting with high-use picnic areas; and
d. An analysis of any potential impacts to current service levels in park maintenance associated with alternative methods for weed control; and
e. A requirement to report at least annually to the Board of Directors on reductions in glyphosate use; and
BE IT FURTHER RESOLVED, that to further enhance the health, safety and welfare of employees and the public, and to ensure that the Park District continues to be a leader in safe and sustainable IPM practices, the Board of Directors hereby:
1. Directs the General Manager to conduct a study of the Park District’s IPM policy and practices to maximize transparency of the Park District’s IPM practices; and
2. Directs the General Manager to include in the study identification of opportunities to further reduce the use of conventional pesticides on Park District lands; and
76 BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of July 2019, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
77 Page Left Blank Intentionally
78 AGENDA BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
3. GENERAL MANAGER
e. Authorization to Issue a Request for Proposals for the Purchase of 7± acres of Real Property from the East Bay Regional Park District: Real Property Located at 3020 Fostoria Way, Danville, California (Real Property of the Estate of Armand Borel) (Victor/Doyle)
RECOMMENDATION
The General Manager and District Counsel recommend that the Board of Directors authorize staff to issue a request for proposals (“RFP”) for the purchase of the northerly 7± acre portion of real property located at 3020 Fostoria Way, Danville, California 94526 (APN 218-090-031) also known as the Borel property. The sale of the property is required to provide funds to carry out the wishes of Mr. Armand Borel to create an agricultural park on the remaining 10 acres of property and to pay off the approximately $6.9 million debt of the Armand Borel Trust (“Trust” or “Estate”).
REVENUE/COST
There are no costs associated with issuance of the RFP. Entry into a Purchase and Sale Agreement with the successful proposer will require future action by the Board of Directors.
BACKGROUND
This action is the result of a decade of effort by the Park District to fulfil the testamentary desires of Mr. Armand Borel that an agricultural park be created on his property. Without the tenacity and significant investment of resources by the Park District, the Estate would have gone into insolvency after his death and the property would have been lost.
Mr. Borel was the owner of an approximately 17± acre walnut orchard located in Danville, California. He passed away in April 2009. His Trust included a bequest to the Park District of his property subject to the operation of an “agriculture park” and cash payments to other superior beneficiaries. As described further below, there was malfeasance by the first Trustee and a lengthy litigation that required the Park District to take certain actions to prevent the insolvency of the Trust. The Park District accepted the bequest with the understanding that a sale of a portion of the property would be required to fund the development of the park and pay off debts of the Trust.
79 Litigation Related to Option to Purchase a Portion of the Property At the time of Mr. Borel’s death, there was an alleged option agreement held by a third-party developer which encumbered the northern 7± acres of the real property. The validity of this option agreement and an amendment to expand the option to 10 acres of property was the subject of numerous court proceedings. There was a full trial in the probate court and 7 separate appellate matters. Ultimately, the courts determined that option agreement was void and unenforceable. Because of the Park District’s efforts to preserve the Estate, the Park District was awarded over $1.2 million in attorneys’ fees and costs.
Loans by the Park District to Avoid Insolvency of Estate The original successor Trustee, who took her position upon Mr. Borel’s death, took actions contrary to the bequest to the Park District. Before her death in 2011, she misappropriated/mismanaged in excess of $500,000, which brought the Trust to the point of insolvency. This Trustee also extended the option agreement and expanded it to 10 acres without the knowledge or consent of the Park District or the probate court resulting in the lengthy litigation described above. She also filed a tax return that failed to include the charitable gift to the Park District and resulted in a $3.1 million plus tax liability which was only recently resolved.
These actions by this Trustee compromised the financial solvency of the Trust, and impeded the Park District’s ability to carry out the intent of Mr. Borel. The lack of funds in the Trust also caused it to be in default of loans made during Mr. Borel’s lifetime. To keep the Trust solvent, the Park District authorized loans totaling over $1.5 million to cure defaults and cover other expenses. In addition, to prevent a foreclosure on the property the Park District purchased the existing Promissory Note and Deed of Trust, long in default, of roughly $1.55 million. These loans remain unpaid.
Other Pending Claims against the Estate There are other court-approved outstanding claims pending against the Trust which includes trustees’ fees for the later trustees and related attorneys’ fees. These claims are in excess of $444,000 plus accrued interest. There is no money in the Trust to satisfy these outstanding claims and they remain open and will continue to accrue interest until satisfied.
The total outstanding claims and loans against the Trust are approximately $6.9 million and listed in the following table:1
1 The interest accruing to the Park District on the First Deed of Trust is only an approximation. The actual amount of interest will require a detailed analysis of the terms of the loan which provides for differing rates of interest depending on certain contingencies. The amount of outstanding claims and loans listed are estimates and will require a detailed financial accounting prior to payment.
80 PARK DISTRICT LOANS TO THE BOREL TRUST Loans Amount Interest Subtotal (Amount + Interest) Loan to Estate $700,000 $443,333 $1,143,333 Loan to Estate $131,959* $70,228 $202,187 Loan to Estate Secured by $700,000** $315,000 $1,015,000 Deed of Trust First Deed of Trust $1,500,407 $1,380,482 $2,880,889 Total $3,032,366 $2,209,043 $5,241,409 *Board authorized loan up to $150,000.00 **Board authorized loan up to $800,000.00
OUTSTANDING CLAIMS AGAINST THE BOREL TRUST Claim Of Notes Amount* Dana Vasquez Interest owed on bequest $48,645.36 Arlene Segal (Attorney for Dana Vasquez) Attorneys’ Fees $26,180.00 Elizabeth Soloway (Former Trustee of Trustee Fees $160,433.51 Trust) Elizabeth Soloway (Former Trustee of Attorneys’ Fees $26,127.90 Trust) Doyle Low LLP (Attorney for Soloway) Attorneys’ Fees $157,140.71 Doyle Low LLP (Attorney for Soloway) Attorneys’ Fees $26,127.90 East Bay Regional Park District Attorneys’ Fees + Costs $1,239,226.31 Total $1,683,881.69 *Amount does not include statutory interest.
COMBINED TOTAL: $6,925,290.69
Significant Clean Up and Rehabilitation of the Property Is Required The Borel property has various structures including the main residence, a pump house, barn for walnut processing, and storage barn. Most of the structures are in poor to dilapidated condition and will require significant rehabilitation to make the property inviting and safe for public use. There is also an underground storage tank near the barns that will require removal and potential remediation. An old water well will also have to be analyzed for reuse or be abandoned. There are numerous vehicles, personal possessions, furniture, farm equipment, tools and other materials, junk and debris in and around the premises that must be addressed. In addition, the orchard will require on-going attention to restore the walnut trees to production.
81 During the pendency of the probate proceedings, the Park District has undertaken limited actions to prevent further loss and deterioration to the property and to remove obvious hazards. However, without a sale of the northern 7± acres, there is no funding available to address the significant clean-up and rehabilitation necessary to create a public park.
Court Authorization to Proceed with Sale Early in the probate proceedings the Park District prepared and submitted “A Preliminary Concept Plan” (“Plan”) for the agricultural park. The Plan demonstrates how a park preserving and interpreting the agricultural history of the San Ramon Valley, could be developed on the remaining 10 acres of the property. (See illustrative concept design attached.)
On March 21, 2019, the court authorized the Park District to sell 7± acres subject to such terms and conditions the Park District deems appropriate, but in all cases sufficient to pay creditors of the Trust in full. The court also found that the sale of the property is consistent with Mr. Borel’s testamentary intent in that Mr. Borel contemplated the sale of these same 7± acres when he entered into the option agreement before his death.
If the attached Resolution is approved by the Board of Directors, staff will issue a RFP soliciting sealed proposals from interested parties to purchase the northern 7± acres. The property is zoned P-1 (Planned Unit District) and the Town of Danville’s General Plan identifies the northern 7± acres as suitable for mid-to-high residential use. Staff anticipates that there will be considerable interest in the RFP. Any proposals received will be presented to the Board of Directors for consideration and for the Board to provide direction to the Park District’s real property negotiators. The decision to enter into a Purchase and Sale Agreement with the successful proposer will be subject to future Board action. Until such point, the Board retains full discretion to accept, negotiate, or reject any proposals submitted.
ALTERNATIVES
The Board could decide not to authorize the release of the RFP and not sell a portion of the property. However, this alternative is not recommended. The Park District does not have adequate funds available to clean-up the property, develop and operate a future public park and repay the significant loans and outstanding claims against the Trust without a sale of a portion of the property.
82 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2019 – 07 -
July 16, 2019
AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE PURCHASE OF 7± ACRES OF REAL PROPERTY FROM THE EAST BAY REGIONAL PARK DISTRICT: REAL PROPERTY LOCATED AT 3020 FOSTORIA WAY, DANVILLE, CALIFORNIA (REAL PROPERTY OF THE ESTATE OF ARMAND BOREL)
WHEREAS, the East Bay Regional Park District (the “Park District” or “District”) is the primary beneficiary of the assets in the Estate of Armand Borel, as set forth in the Armand Borel Trust Dated June 20, 1994, as Amended and Restated in 2008 (the “Borel Trust”), which assets include, but are not limited to, an approximately 17-acre parcel of land adjacent to Fostoria Way and Camino Ramon in the Town of Danville, California; and
WHEREAS, in the Borel Trust, the principal non-cash bequest is the distribution of land and assets to the Park District for charitable and public purposes which is consistent with the Park District’s mission and vision as the Regional Park District for the citizens of Contra Costa and Alameda counties; and
WHEREAS, upon Mr. Borel’s death on April 19, 2009, the Borel Trust became subject to the jurisdiction of Contra Costa County Superior Court (Case No. P09-01129); and
WHEREAS, in the 10 years since Mr. Borel’s death the administration of the Borel Trust has been subject to numerous legal proceedings and issues, mismanagement by the original successor trustee, and impending default on outstanding loan obligations due to lack of funds in the Borel Trust; and
WHEREAS, the major legal issues have been resolved, but there remain significant debts against the Borel Trust; and
WHEREAS, to prevent the insolvency of the Borel Trust, the Board of Director previously authorized three separate loans totaling $1.5 million, with interest accruing; and
WHEREAS, by Resolution No. 2013-10-243, the Board of Directors of the Park District authorized the purchase of the Promissory Note and Deed of Trust held by Curtis L. Heinz, Trustee of the Curtis L. Heinz Revocable Trust U/A Dated 1/23/02, as Amended and Restated in its Entirety U/D Dated 7/27/05, at a total cost of approximately $1.55 million and secured by the real property; and
83 WHEREAS, in addition to the above-referenced loans, there are other substantial debts approved by the probate court which remain unpaid, including attorneys’ fees awarded to the Park District and other claimants, and trustees’ fees and accruing interests; and
WHEREAS, the outstanding loans and approved claims against the Borel Trust will require a full accounting but total approximately $6.9 million and continue to accrue interests; and
WHEREAS, in order to create an agricultural park, the Borel property will require a substantial investment to rehabilitate the structures and make the property safe and inviting for public use; and
WHEREAS, there is no funding available to satisfy the debts of the Borel Trust and to develop and operate a public agricultural park; and
WHEREAS, by order dated March 21, 2019, the probate court determined that a sale of 7± acres of the Borel property was consistent with the intent of the Trust and authorized the Park District to sell such property on such terms and conditions acceptable to the Park District, but in an amount sufficient to pay all creditors of the Trust in full; and
WHEREAS, a sale of the northern 7± acres, will leave the homestead and orchard on the southern 10 acres available for development of a small agricultural park consistent with the wishes of Mr. Borel; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby finds that a sale of the northern 7± acres of the Borel property located at 3020 Fostoria Way, Danville, California is necessary to satisfy the debts of the Borel Trust and to fund the development and operation of a future public park on the remaining 10± acres; and
BE IT FURTHER RESOLVED, that the Board authorizes the issuance of a Request for Proposals (“RFP”) to solicit proposals for the purchase of the northern 7± acres of the property, which proposals shall be presented to the Board for consideration; and
BE IT FURTHER RESOLVED, that the RFP is a merely a solicitation for offers and does not bind the Park District to accept, reject, or negotiate or enter into a Purchase and Sale Agreement or any other agreement with any or all proposers or prospective purchasers; and
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 intention of this resolution.
Moved by Director , seconded by Director , and adopted this 16th day of July, 2019 by the following vote:
84 FOR: AGAINST: ABSTAIN: ABSENT:
85 Page Left Blank Intentionally
86 Historic walnut orchard Walking trail(s) through orchard managed and maintained provide educational opportunity for long term health of trees
Old San Ramon Large barn serves railroad station as display space for refurbished for antique vehicles educational display
“Old Barn” serves as display space for walnut processing equipment
Borel residence retained as meeting space and museum
Conceptual Illustrative Design Park District yard to support management of the site and Iron Horse Trail crew
Armand Borel Agricultural Park: Preliminary Concept Plan East Bay Regional Park District October 24, 2011 12 87 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
4. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
Town of Danville – Magee Preserve
On July 2, 2019, the Danville Town Council approved the Magee Preserve Preliminary Development Plan for the 410-acre project site located to the north of Sycamore Valley Regional Open Space Preserve on the south side of Diablo Road and Blackhawk Road. The project calls for development of 29 acres with 69 single family homes, and associated roadways and infrastructure. The remaining 381-acres will be retained as permanent open space protected through a scenic easement held by the Town of Danville and managed by a Geologic Hazard Abatement District (GHAD) funded by the future property owners. The project will dedicate public access easements to the Park District for trails through the property and connecting to Sycamore Valley Regional Open Space Preserve. The exact alignment of the trail shall be subject to review and approval by the Town and the Park District prior to recordation of the final map. The project was originally approved by the Town Council in 2016 but was challenged by a citizens group with a court determination that additional analysis regarding bicycle safety on Diablo Road was necessary. The Environmental Impact Report was amended to address bicycle safety on Diablo Road; the approved project will dedicate a trail easement to the Town of Danville for a future parallel trail along Diablo Road, and intersection improvements to address traffic and safety concerns on Diablo Road.
89 Page Left Blank Intentionally
90 Event Calendar July 2019 Board Meeting Date: July 16, 2019
Date Day Time Event Location Sponsoring Organization July 17 Wednesday 7:30 - 9:30pm Wednesday Night Bat Watch Sunol EBRPD
July 20 Saturday 5:30 - 10:00 p.m. Night Challenge Black Diamond Mines EBRPD
July 20 Saturday 7:00 - 10:00 p.m. Twilight Hike to Wildcat Peak Tilden Nature Area EBRPD 91 July 21 Sunday 8:30 - 10:30am Dunes Day Restoration Big Break EBRPD
July 21 Sunday 9:30 a.m. - 12:30 p.m. Where Is Old Survivor? Huckleberry EBRPD
July 21 Sunday 10:00 a.m. – 4:00 p.m. 5th Annual Big Break Local Big Break EBRPD Artist Exhibit July 27 Saturday 7:00 - 9:30 p.m. Family Night Hike Contra Loma EBRPD
July 27 Saturday 8:30 - 10:30 p.m. Night of the Moth Coyote Hills EBRPD
July 28 Sunday 8:30 - 11:30 a.m. Roving Ranger: Riparian Garin/Dry Creek EBRPD Ruminations Pioneer GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
5. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION Fire Chief Aileen Theile will present on Out-of-County response for large scale fires.
GM COMMENTS OPERATIONS DIVISION Interpretive and Recreation Services Department Community Outreach On June 3, implementation began for User Interface, a new software system to streamline program and transportation requests, the tracking of volunteer time, and program evaluations.
Cultural Services On June 5, staff launched a new site monitoring guidebook for Vasco Caves to streamline and increase the effectiveness of periodic monitoring by Interpretive staff.
North/West Region Coyote Hills: On May 25, staff opened the Red Barn at Garin for the first day of the season, welcoming 202 visitors. Visitors enjoyed old-fashioned games, ice cream making, and blacksmithing demonstrations.
Crab Cove: On May 30, approximately 200 people attended the What’s Brewing in the Parks event at Lake Chabot, coordinated by the Regional Parks Foundation and park staff.
Mobile Education: On May 23, over 1,300 third and fourth graders from eight schools in Castro Valley visited the Mobile Fish Exhibit at Palomares Elementary School’s Science Expo.
Outdoor Recreation: On June 10, the first of eight weeks of Park’n It Day Camp began with 50 campers. At Lake Temescal, staff was joined by nine leaders-in-training for the week to kick off the summer.
Tilden Nature Area: On May 27, staff and docents hosted over 1,900 visitors at an open house- style event that included bubbles, ice cream, games, and animal programs.
92 South/East Region Ardenwood: On May 22, staff planted 60 eucalyptus and 20 toyon trees as windbreaks as part of a monarch habitat restoration effort in the park’s historic eucalyptus grove. Funding for trees was provided by 2018 Climate Friendly Grant funds.
Big Break: On May 31, staff hosted a presentation and tour for State Water Resources Control Board member Sean Maguire, organized by South Delta Water Agency, and members of the Five Delta Counties Coalition, with San Joaquin County Supervisors Chuck Winn and Katherine Miller attending.
Black Diamond: On June 6, Interpretive staff participated in the annual Green Footprint Festival at Small World Park in Pittsburg. Eighty-six visitors stopped by the District’s booth to meet a gopher snake and learn about local mining history.
Community Services & Volunteers: On May 22, staff hosted the 27th Annual Volunteer Recognition Dinner at Cull Canyon. A total of 178 volunteers and their guests attended the event. The Public Affairs Division provided 85th Anniversary pins and copies of the book Tilden Regional Park – A History, to attendees.
Del Valle: On May 24, full summer programming began at the park. New programs include the Del Valle Discovery Club and weekly Nature Walks.
Sunol: On May 26 and 27, the Mobile Visitor Center II was a highlight at the San Ramon Art and Wind Festival. Over 909 people visited, with 422 visitors taking part in the Parks to People Virtual Reality park tours.
Park Operations Department Delta Unit Big Break: East Contra Costa Trails staff and Visitor Center staff hosted a portion of the 2019 Special Park Districts Forum on May 9. The event was attended by approximately 150 visitors from across the country and Canada. Visitors to the park were provided a tour of the Delta Discovery Map, the Levee Top Trail, and a kayak trip along Big Break shoreline.
Crockett Hills: On May 2, the Conservation Alliance held its Backyard Collective special event. Approximately 130 volunteers from eleven companies worked on the Sugar City and Two Peaks trails. Seven crews of volunteers completed trail work by removing berm, opening drainage features, and re-establishing trail treads on 1.6 miles of the recently re-graded trails.
Interpretive Parklands Unit Black Diamond: On May 6, staff hosted a Special Park Districts Forum tour. Over 155 representatives from various park agencies toured the Hazel Atlas Mine and Rose Hill Cemetery. In preparation for the event, mining staff installed new banner displays in the Greathouse Visitor Center and display panels at the new Coal Mine Experience area, and assisted with the mine tour portion of the event
93 Parkland Unit Botanic Garden: On May 22, staff arranged for the delivery of 35 plants as table decorations for the District’s Annual Volunteer Recognition dinner. An impressive number of Botanic Garden Volunteers were honored: 19 individuals with years of service pins and 69 individuals for hours of service recognition.
Redwood: From May 12 – 26, the Student Conservation Association (SCA) began their training by learning trail maintenance skills. Some members of the SCA will remain working at the District as part of the inaugural small trails crew, working with the new Alternative Work Program (AWP) Supervisor.
Shoreline Unit Martin Luther King Jr.: Staff harvested and bottled 60 gallons of worm juice from the compost bin, utilizing it on all the newly planted trees and plants throughout the shoreline.
McLaughlin Eastshore: On May 18, staff held a monthly shoreline cleanup at Emeryville Crescent. Approximately 32 volunteers removed about 200 pounds of trash.
Lakes Unit Shadow Cliffs: On May 7, staff installed an active beehive in a secure area of the upper pollinator garden to facilitate pollination of the garden and surrounding areas in the park.
Recreation Areas Cull Canyon: On May 22, the Annual Volunteer Recognition Award dinner was held at the park.
Kennedy Grove: On May 2, 10, 23, 24 and 30, the AWP Supervisor, Youth Employment Program crew, and park staff cleared and chipped vegetation along the urban wildland interface and removed downed trees and ladder fuels.
Roberts: On May 25, the annual 442nd Regimental Combat Team Memorial event took place. Board Members Dee Rosario and Beverly Lane were in attendance.
Maintenance and Skilled Trades Department Fleet Unit Fleet Administration: All automated aboveground fuel tank systems, except for Ardenwood and Las Trampas, are online and operational.
South County Equipment Shop: The Alameda County Department of Environmental Health performed annual inspections of the fuel island.
Tilden Corporation Yard: Staff performed annual yard clean-up and attended a mandatory on- site Hazardous Materials Business Plan training provided by the Fleet Manager.
94 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
7. BOARD COMMITTEE REPORTS
a. Operations (Thursday, April 18, 2019) (Corbett) Present
Board: Directors Ellen Corbett (Chair), Ayn Wieskamp, Beverly Lane
Staff: Jim O’Connor, Ruby Tumber, Katy Hornbeck, Jeff Manley, Noah Dort, Steve Castile, Dan Sykes, Joshua Sosine, Denise Valentine
Guest: Doreen Kwasnicki
Agenda Item 1: Update: Park Operations Shoreline Unit
Shoreline Unit Manager Jeff Manley provided an update on highlights within the unit through a presentation. Items covered included: park visitation statistics, activities, special events, volunteers, special projects, park maintenance, safety measures, challenges, working with wildlife and nature, and future opportunities.
Director Lane questioned if there is a protocol in place for issues such as deceased whales washing ashore on land owned by the Park District, and if the Park District would be responsible to cover the costs. AGM O’Connor replied yes.
Director Corbett inquired if members of the public are respectful of the wildlife within restricted areas. Manley replied there have been no major issues.
Lane inquired if the SF Bay access projects at Point Isabel are complete. O’Connor responded yes, per Assistant Finance Officer Jeff Rasmussen.
Agenda Item 2: Merry-Go-Round Concession Agreement Amendment: Tilden Regional Park
Acting Business Services Manager Katy Hornbeck provided an overview of the Merry-Go-Round concession through a presentation. Items included a brief history, review of the current agreement, challenges, proposed amendments, financial impact, and the staff recommendation.
95 O’Connor commented on the prior operator issues regarding maintenance and inspections and added that safety is the primary concern. Staff is considering the alternate extension since the current concession has done a good job with the maintenance and has received commendable comments from inspectors.
Corbett commented that the proposal looked reasonable with allowance for the books to be balanced. Corbett believed that the Concession Maintenance Fund will be large enough to cover maintenance costs and stated that it is important to have a good operator in place that takes care of the facility.
Lane commented it is a good recommendation which puts the concessionaire in the same category as the other Park District concessionaires. To hear that the facility is being taken care of is really important, as this is a concession that the public adores.
Lane moved to approve and recommend to the full Board the staff recommendation for an amendment to extend the Sycamore concession agreement to operate the Merry-Go-Round facility at Tilden Regional Park from June 18, 2019 to January 31, 2021, and to require a 7% concession fee based on gross revenues and 5% concession maintenance fund fee based on gross revenues. Corbett seconded. The motion passed unanimously.
Agenda Item 3: Public Comments There were no public comments.
Agenda Item 4: AGM Comments • Quarry Lakes remains closed due to Cyno-bacteria levels. • Business Services Manager Mimi Waluch has officially retired.
Agenda Item 5: Board Comments There were no Board comments.
Meeting adjourned at 1:18 p.m.
Respectfully submitted: /s/ Denise Valentine Executive Secretary
96 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, July 16, 2019
C. BUSINESS BEFORE THE BOARD
7. BOARD COMMITTEE REPORTS
b. Operations (Thursday, May 16, 2019) (Corbett)
Present
Board: Directors Ellen Corbett (Chair), Ayn Wieskamp, Beverly Lane
Staff: Jim O’Connor, Ruby Tumber, Katy Hornbeck, Jeff Manley, Noah Dort, Renee Patterson, Kym Anderson
Guest: Elaine Rasmussen
Agenda Item 1: Review Caretaker Contract for Services: Vasco Caves Regional Preserve
Business Services Administrative Analyst II Noah Dort reviewed the caretaker contract for services through a presentation. Items included an overview of the site, wildlife within the preserve, challenges, caretaker services and staff recommendation.
Director Lane inquired on what is being done with the current residence. Dort replied the residence is scheduled to be demolished and will be replaced under the Multiple Residence Replacement Program project lead by Park District Assistant Finance Officer Jeff Rasmussen.
Lane inquired if the location of the residence is changing. AGM O’Connor replied no, the plan is to expand the footprint. Lane inquired if there was thought given to placing the residence in an area that is not vulnerable to the elements. O’Connor replied staff could look into the inquiry and report back and mentioned that this site has visibility in several directions, which serves as an extra security measure.
Director Corbett inquired on the status of the permit. O’Connor replied the model has been chosen and the permit process has begun.
Corbett inquired if a larger solar panel system is being considered. Dort replied there are no plans to expand the system at this time as the current system (at Shadow Cliffs) is sufficient.
97 Corbett inquired on the method of advertisement for the caretaker. Dort replied an ad was placed in the Notices section of various newspapers for one month.
Lane moved to approve the staff recommendation to enter into an Agreement for Caretaker Services for Vasco Caves Regional Preserve with Mr. Neil Nobriga. The initial term of the contract would be one year, commencing July 12, 2019, with the possibility of two one-year extensions upon mutual agreement between the Park District and Mr. Nobriga. The cost to the Park District for this action is $51,125.04 per year, to increase by 1.5% annually during the term of this contract. The initial annual contract costs compute to $4,260.42 per month for providing caretaker services at Vasco Caves Regional Preserve. Corbett seconded. The motion passed unanimously.
Agenda Item 2: Authorization for New Special Use Agreement - Portuguese Water Dog Club Chapter of Northern California: Shadow Cliffs Regional Recreation Area
Acting Business Services Manager Katy Hornbeck provided an overview of the contract through a presentation. Items included special use agreements, approval process, Portuguese Water Dog Club history and trainings, agreement highlights, site map overview, and staff recommendation.
Corbett inquired on what type of items are housed in the storage shed. Concessionaire Teresa Rasmussen replied fencing, PVC training platform, and oars.
Public Comments on Item 2 Kelly Abreu commented on the history of the Portuguese water dog.
Director Wieskamp moved to approve and recommend to the full Board the staff recommendation for a five-year Special Use Agreement with the Portuguese Water Dog Club Chapter of Northern California, for an annual payment of $300 and a second five-year term by mutual consent, for continued use of Shadow Cliffs Regional Recreation Area for training and testing of water rescue techniques with Portuguese Water Dogs. Lane seconded. The motion passed unanimously.
Agenda Item 3: Approval to Renew Communication Site License - KQED Inc.: Carquinez Regional Shoreline
Business Services Administrative Analyst II Renee Patterson provided a review of the proposed license renewal, an overview of the tower locations at the site and the staff recommendation.
Lane inquired if KQED has requested additional power at the site. Patterson replied no. Lane sought clarification on the process if additional power were to be requested, would the request need to be reviewed by the Committee. O’Connor replied yes.
Lane inquired if staff approval is required for sub-leases. O’Connor replied yes. Patterson commented that a review process is conducted prior to any sub-lease consideration.
Corbett inquired if the Park District receives a percentage on sub-leases. Patterson replied yes.
98 Lane moved to approve the staff recommendation for a ten-year agreement renewal of the KQED Inc. Communication Site License at Carquinez Regional Shoreline with payments beginning at $663 per month totaling $7,953 for the first year with an annual adjustment of 1%. Wieskamp seconded. The motion passed unanimously.
Agenda Item 4: Amend FOX Broadcasting Communication Site License Agreement: Mission Peak Regional Preserve
Business Services Administrative Analyst II Renee Patterson provided a review of the proposed amendment to the agreement, an overview of the tower location at the site and the staff recommendation.
Corbett inquired if there is information on how the Park District arrives at setting fees for the sites. Patterson replied the standard practice for a new agreement is to begin at $400 a rack. It also depends on the size of the footprint and how much equipment will be located at the site. As agreements vary widely, there is no standard behind cost setting.
Public Comments on Item 4 Kelly Abreu commented on the comparisons between items 3 and 4 on the meeting agenda.
Wieskamp moved to approve the staff recommendation for approval of an amendment to record Park District communication equipment at the Fox Broadcasting site in Mission Peak Regional Preserve with a legal agreement. Lane seconded. The motion passed unanimously.
Agenda Item 5: Public Comments Kelly Abreu commented on the topics of communication with public agencies, Vargas Plateau, and parking tickets, concrete wheel stops, parking lanes, signage at Mission Peak.
Agenda Item 6: Board Comments Wieskamp commented on her request to change the July Committee meeting time due to a LAFCO meeting conflict. Corbett commented that the suggested 10:00 a.m. start time seems reasonable. Lane commented the time change works and suggested to review future schedules to see where conflicts may arise in order to avoid changing meeting dates and times.
Wieskamp was informed that Ohlone College held their first local Chamber of Commerce and Park District outdoor event. Ohlone College will have free parking for the next two events.
Corbett commended staff for the job well done on the Special Park Districts Forum.
Meeting adjourned at 1:35 p.m.
Respectfully submitted: /s/ Denise Valentine Executive Secretary
99 NEWSCLIPS 100 101
102 East Bay Regional Parks trail to temporarily close for bridge repairs Lafayette-Moraga Regional Trail closure begins July 15 and project will take a month to complete. By Jon Kawamoto | [email protected] | Bay Area News Group PUBLISHED: July 8, 2019 at 11:16 am | UPDATED: July 8, 2019 at 11:32 am The Lafayette-Moraga Regional Trail will be closed beginning July 15 for about a month for bridge replacement and safety improvements, according to the East Bay Regional Park District. (East Bay Regional Park District)
The Lafayette-Moraga Regional Trail will temporarily close July 15 for about a month so the Glenside Bridge can be replaced and other safety improvements made, according to the East Bay Regional Park District.
The affected area is south of the Glenside Bridge approximately 200 feet to Glenside Drive and north of the bridge approximately 350 feet, park district spokesman Dave Mason said in a press release.
“The existing bridge is aging and deteriorating,” Mason said. “Bridge replacement is necessary for the health and safety of the community.”
The 1976 wood-beam bridge will be replaced by a lighter and stronger corrosion- resistant steel bridge that’s two feet wider.
The project is being done in the summer because the rest of the year students use the trail to get to and from school, Mason said.
“The park district is making every effort to complete the project before the start of school on August 13,” Mason said.
The Lafayette-Moraga Regional Trail covers 7.65 miles and is part of the East Bay Regional Park District’s trail system. The park district manages more than 200 miles of trails in Alameda and Contra Costa counties that serve as part of the region’s green transportation network.
103
Community News Park It: Gather ’round the campfire at Oakley’s Big Break Staff plan two family-friendly evenings with s’mores, exploring park through activities By Ned MacKay | East Bay Regional Park District PUBLISHED: July 8, 2019 at 5:00 am | UPDATED: July 8, 2019 at 5:07 am
East Bay Regional Park District Staff at Big Break Regional Shoreline in Oakley plan two “Second Sunday Campfires” from 6:30 to 8 p.m. July 14 and Aug. 11. The Big Break campfires, such as the one above, are family- friendly evenings exploring the park through activities and a campfire with s’mores. The campfire theme July 14 is “What’s in the Water.”
As the summer season reaches its peak, there’s a lot to see and do in all of the East Bay Regional Park District.
For instance, original work by local artists will be showcased in an exhibit from 10 a.m. to 4 p.m. the weekends July 13-14 and 20-21 at Big Break Regional Shoreline in Oakley. The paintings reflect the variety and beauty of the area’s landscapes. And from 2 to 3 p.m. July 13, there’s a hunt for beetles during a nature walk at Big Break, revealing how the insects benefit the environment.
Big Break staff also plan two “Second Sunday Campfires,” from 6:30 to 8 p.m. July 14 and Aug. 11. These are family-friendly evenings exploring the park through activities and a campfire with s’mores. Bring a picnic to enjoy before the program starts. The campfire theme July 14 is “What’s in the Water.” On Aug. 11 it’s “Stories of the Night Sky,” with optional stargazing from 8:30 to 9:30 p.m. Big Break is at 69 Big Break Road off Oakley’s Main Street. Call 888-327-2757, ext. 3050.
Antioch: For a more strenuous adventure, join naturalist Kevin Dixon on a “Night Challenge” hike from 5:30 to 10 p.m. July 20 at Black Diamond Mines Regional Preserve in Antioch. This is an 8½-mile hike over steep, uneven terrain with at least 1,500 feet of elevation gain, for ages 12 and older. Registration is required. For registration and information, call 888-327-2757. Select option 2 and refer to program number 25763.
Also at Black Diamond, the underground Greathouse Visitor Center will be closed for construction through mid-September. During this time, the Sidney Flat Visitor Center, which is in the group of buildings to the left as you enter the park, will be open on weekends from 10 a.m. to 4:30 p.m. Most naturalist-led programs meet in the parking lot at the end of Somersville Road. In my last column I said tours of the Hazel-Atlas mine will continue during construction. However, I was mistaken; mine tours are cancelled until fall.
104 Berkeley: It’s time to meet the reptiles from 11 a.m. to noon July 13 and again July 27 at Tilden Nature Area near Berkeley. Naturalist Trent Pearce will help visitors get up close and personal with live snakes and turtles. And naturalist Jenna Collins will lead a felting program from 1 to 2 p.m. July 14. Visitors can learn how to turn sheep’s wool into cloth, then make their own felted creation.
Jenna also will host an ice cream-making session from 3 to 3:30 p.m. July 14 and again July 28. Turn a crank to make ice cream the old-fashioned way. All three programs meet at Tilden’s Environmental Education Center, at the north end of Central Park Drive. For information, call 510-544-2233.
Hayward: Wednesday Walks are naturalist-led explorations of various regional parks, and everyone is welcome. Wear sturdy shoes, bring water and dress for the weather. There’s a Wednesday Walk starting at 9:30 a.m. July 17 at Garin Regional Park in Hayward, led by Christina Garcia. It’s a moderately strenuous 4-miler up a secluded canyon and along shady Dry Creek. Garin Regional Park is at the end of Garin Avenue off Mission Boulevard. Meet Christina at the park’s Garin Barn Interpretive Center. Call 510-544-3282.
Fremont: “Canine Capers” walks are a monthly series of naturalist-led strolls with a friend, fur-coated or otherwise. There’s one from 9 to 11 a.m. July 13 at Coyote Hills Regional Park in Fremont, led by naturalist Kristina Parkison. The walk is for ages 8 and olders (for humans anyway). Registration is required. For registration and information, call 888-327-2757. Select option 2 and refer to program 25713.
Livermore: Del Valle Regional Park south of Livermore offers campfire programs from 7:30 to 9 p.m. every Friday through Aug. 30, 8:30 to 9:30 p.m. every Saturday through Aug. 17, and 8 to 9 p.m. on Saturdays, Aug. 24 and 31. The Friday campfires’ theme is “Days of the Pioneers.” Drop by anytime for hands-on activities and stories. Saturdays’ theme is “Night with a Naturalist.” The park is at the end of Del Valle Road off Mines Road about 10 miles south of Livermore. For information on the campfires, call Sunol Regional Wilderness at 510-544-3249.
Online: This isn’t even half of the programs available in the regional parks. For full information, check out the park district’s website at ebparks.org.
Ned MacKay writes a regular column about East Bay Regional Park District sites and activities. Email him at [email protected].
105
Black Diamond Mines Closed Until September 10 for Installation of New Coal Mining Exhibit Press Release By ECT - Jul 5, 2019 Image by EBRPD
Oakland, CA – The Hazel-Atlas Mine and Greathouse Visitor Center will be closed until September 10 while a new exhibit is installed. No mine tours will be available during the construction period. Sidney Flat Visitor Center, located at park headquarters, will be open on weekends during the summer from 10 a.m. to 4:30 p.m.
The new Black Diamond Coal Mine exhibit, built into the existing Hazel-Atlas silica sand mine, will be an immersive experience taking visitors into a recreated 1870s coal mine, part of California’s largest coal mining operation. All of the original coal mines at the preserve have been closed to the public and permanently sealed for public safety. Visitors to the new exhibit will experience the sights and sounds of a working coal mine from nearly 150 years ago when immigrant miners worked deep in the earth to supply California with the energy needed to power and transform the state’s economy from rural to industrial. The new exhibit is scheduled to open to the public in the spring.
Black Diamond Mines Naturalist Eddie Willis is looking forward to the new addition to the Hazel-Atlas Mine and Greathouse Visitor Center. “We are excited to showcase this new exhibit which will allow visitors to connect more directly with the coal mining legacy of these hills in a safe and educational way,” said Willis.
To help fund the visitor center exhibit, the Regional Parks Foundation secured two grants from the Wayne and Gladys Valley Foundation and Marathon Petroleum.
106
With 147 million dead trees, Californians brace for fire Tom Stienstra July 5, 2019 Updated: July 7, 2019 7:04 a.m.
Aerial surveys conducted from 2010 to 2018 counted 147 million trees in the Sierra that died from drought and invasive beetles, creating a tinderbox in a large swath of the state that fire officials worry could explode into another devastating wildfire season. Photo: Craig Kohlruss / Fresno Bee 2015
Across Sierra National Forest, thousands of dead pine trees darken a backdrop of green under azure skies. Each afternoon, hot wind blows upslope out of the San Joaquin Valley. As summer takes hold, the manzanita, chemise and pines will dry, setting up tinderbox conditions in the forested corridor bridging Yosemite and Kings Canyon national parks.
This is the state of much of the Sierra, where aerial surveys from 2010 and 2018 counted 147 million trees that died from drought and invasive beetles. A key at-risk burn zone is between 4,000- and 6,000-foot elevations on the west flank of the central Sierra, where large swaths of pine trees lay dead. Other high-risk areas include the west flank of Yosemite and national forest just north of Lake Tahoe, according to a study and map analysis by the California Department of Forestry and Fire Protection and the U.S. Forest Service.
It’s a testament to the new era of wildfire danger: Even in a year with landmark rain and snow totals in California, and a benign start to fire season in June, the chance of another round of catastrophic wildfires this late summer and fall has fire experts cringing.
“It’s just a matter of time,” says Amy Head, a Cal Fire battalion chief. “When it happens, we’re looking at dry standing fuel ready to burn, and it could be pretty catastrophic.”
Last year in California, 8,527 fires burned 1.89 million acres, the highest totals since 1932, when records became verifiable, according to the National Interagency Fire Center and Cal Fire.
In June, Cal Fire recorded about 1,200 fires that burned about 10,000 acres. This comes after a winter where many weather stations in the Sierra verified precipitation totals that ranged mostly 140% to 150% of normal, with high snowpacks and delayed road and campground openings, and with May storms that pushed back the fire season.
This spring and into summer, Cal Fire, the California National Guard, PG&E and the U.S. Forest Service have been clearing trees, brush and high grass along roads and power-line corridors. In some cases, “ladder fuels” — meaning growth around the lower portions of trees — have been trimmed to help prevent potential ground fires from burning up into the canopy. The intent is to create wider, fireproof buffer zones, says Carolyn Napper, a district ranger for the Forest Service.
107 “We are concerned what the future will bring,” Head said. “As we look further out this year, there is a lot of wildfire potential at the end of summer, and especially at the beginning of fall.”
With so many dead trees on the flank of the Sierra, the risk of catastrophic fire will be an annual event, she said.
“Things will never be the same as we knew them, and maybe not in my son’s lifetime either,” Head said. “The landscape has changed. The dead trees are a big concern for us.”
Dead trees stand at the water’s edge at Bass Lake in Madera County in 2015. Photo: Craig Kohlruss / Sacramento Bee
Humans to blame
Though lightning strikes cause thousands of small, low-heat fires each year in the Sierra, Cascade and Shasta-Siskiyou ranges, human- caused fires are responsible for 95% of the major events, Head said.
Last summer, the Mendocino Complex Fire, an event that merged with the Ranch Fire to burn 459,000 acres, the largest fire in California history, was started when a man hammered a stake to plug a wasp hole and ignited a spark in 4-foot-high dried grass, according to Cal Fire.
The 229,651-acre Carr Fire at Whiskeytown National Recreation Area started from a flat tire on an RV where the wheel rim sparked on the asphalt, which the drivers admitted and fire officials confirmed. The Delta and nearby Hirz fires, which collectively burned 100,000 acres above Shasta Lake, were listed as “human caused,” according to fire investigators.
PG&E power lines caused the Camp Fire, which killed 85 people and burned 14,000 homes in Paradise and Butte County last year. The year before, fire investigators with Cal Fire determined that a private electrical system ignited the Tubbs Fire, which killed 22 people and burned thousands of homes in Santa Rosa and Sonoma County.
The cause of a wildfire can range from obvious things, like illegal campfires, fireworks and cast- off cigarettes, to the obscure. At Mount Diablo, for instance, Cal Fire said the Morgan Fire was started when a bullet from a target shooter hit a rock to set off a spark. Those who drive four- wheel drives can start a fire if they drive off road and their exhaust pipe hits high grass, the Forest Service warns.
Stopping the blazes
When fires are first reported, Cal Fire commanders in helicopters say they can often determine the potential for them to spread with a quick flyby to assess fire fuels and landscape. In areas with high risk for infernos, mobile strike teams are sent in to stop the fires quickly, before they blaze out of control.
Canyons with upslope winds and standing fuel, such as dead trees, manzanita, chemise, pines, high grass or brushy landscapes present the highest risk. That was the formula for the Rim Fire,
108 when an illegal fire was started at the bottom of a canyon near the confluence of the Clavey and Tuolumne Rivers, and hot upslope winds then carried it up the canyon into a pine forest. By the time the air tankers arrived the next day, the blaze was out of control.
In preparation for this year’s fire season, county sheriff’s departments are working with Cal Fire to establish escape routes for local residents and campers. Some areas with narrow roads are at risk as well. For instance, the wooded areas of South Lake Tahoe and Fairfax in Marin County, are places where a burning tree could fall across the road and block escape routes. On my travels, we now keep a chainsaw with us for just that reason.
When conditions are high risk, rangers can go beyond simple measures like banning campfires. In extreme situations, they can prohibit open flames of any kind. In the East Bay Regional Park District, fire-science experts have, at times, even closed parks short term when fire risk is exceptional.
Most fire safety is common sense, but being aware of your behavior and activity in fire-prone areas is key. When putting out campfires, for instance, most are taught to soak it, stir it, then soak it again. Yet I’ve seen campers pour water on a campfire and leave, and then I’ve stirred it and found hot embers still glowing.
Any time you have an open flame or set off a spark, you are putting the surrounding landscape at risk, Head says. “So many parts of California could be devastated by fire.”
109
At 30, the San Francisco Bay Trail continues to grow Michael Cabanatuan July 4, 2019 Updated: July 4, 2019 7:30 p.m. 1 of 3 Spectacular views of the bay and San Francisco will be a feature of a new segment of the Bay Trail between the Albany Bulb and the foot of Gilman Street.Photo: Michael Short / Special to The Chronicle
2 of 3 A Gordon N. Ball In. crew works on a new section of the Bay Trail along the shore of the bay adjacent to Golden Gate Fields.Photo: Michael Short / Special to The Chronicle
3 of 3 A cyclist passes by workers with contractor Gordon N. Ball who are building a new section of the Bay Trail near Golden Gate Fields.Photo: Michael Short / Special to The Chronicle
Horse racing may be between seasons at Golden Gate Fields in Albany, but there’s plenty of action just west of the grandstand on a bluff with a stunning view of the Golden Gate Bridge and San Francisco Bay.
Bicyclists and pedestrians will have access to that view by the end of the year when it becomes the newest stretch of the San Francisco Bay Trail, a path that one day will circle and cross the bay over 500 connected miles. The trail — with 356 miles completed so far — celebrates its 30th anniversary this month.
All nine Bay Area counties and 47 cities are included in plans for the trail and all have agreed to help it encircle the bay. The purpose of the trail is to bring Bay Area residents closer to the bay while creating recreational opportunities as well as corridors for those who commute on foot or bike, said Laura Thompson, who manages the Bay Trail project for the Metropolitan Transportation Commission and the Association of Bay Area Governments.
“An important part of the Bay Trail is that it’s for everyone, for people of all ages and abilities all around the bay,” she said. “It takes people through a number of environments and lets people enjoy it in their own way.”
110 In Albany, construction crews have carved a shelf in the cliff near Fleming Point and are pouring concrete along a roughly mile-long extension that fills a gap in the Bay Trail. The new path connects a small beach near the Albany Bulb and the foot of Gilman Street in Berkeley across 4.8 acres donated by Golden Gate Fields in 2016. The $8 million project is expected to open in December.
Intrepid trail users can already close the gap, but it requires braving the Golden Gate Fields parking lots and battling traffic, rough pavement and steep grades. The experience isn’t relaxing, pleasant or family friendly.
“That will be no longer,” Thompson said. “We will have a dedicated trail for cyclists and pedestrians. There are going to be spectacular views. When you’re out there, you can see all across the bay, downtown San Francisco, Mount Tam.”
A sign marks a section of the Bay Trail. The grandstand of Golden Gate Fields horse-racing track is visible in the background.
Photo: Michael Short / Special to The Chronicle
While the Albany project is just 1/500th of the Bay Trail, it’s a good example of how the trail has been assembled over the past three decades — and the challenges it faces as it presses forward.
“It illustrates how the Bay Trail comes together piece by piece,” Thompson said.
The idea to piece together a trail around the bay was born at a lunch between then- Assemblyman Bill Lockyer, of Hayward, and the editor of the now-defunct Hayward Review in 1986. After Lockyer complained about a story critical of some legislation he authored, he floated the trail idea.
In 1987, Lockyer, backed by the entire Bay Area legislative delegation, got legislation passed creating the Bay Trail. In 1989, the official map for the 500-mile trail, which also includes paths across seven toll bridges and various spurs to nearby parks and places of interest, was completed.
The longtime East Bay lawmaker counts the Bay Trail among his greatest accomplishments.
“There’s been a lot of progress,” said Lockyer, now an attorney at an Orange County law firm. “It’s been sort of incrementally completed. Some counties have been extraordinary and there are some places that are difficult to complete. But they keep working at it and that’s good.”
The Bay Trail has taken shape in piecemeal fashion — a mile here, 6 miles there — at various locations around bay. Among the longest stretches are 25-mile trails in Santa Clara County from East Palo Alto to San Jose and in San Mateo County between Millbrae and San Carlos.
An East Bay stretch connects 17 miles though San Leandro and Hayward. Richmond — the Bay Area city with the most shoreline — has 35 miles of Bay Trail, not all contiguous.
111 A recently completed piece in Pinole, where a curving concrete bridge swoops over wetlands and railroad tracks from a shoreline park to a nearby bluff, is among the most dramatic stretches — and was one of the most technically difficult to complete.
“It was an engineering answer to a complex landscape,” Thompson said. “It was not so easy as laying asphalt in some areas.”
Regardless of its location, the Bay Trail is popular. On weekends and sunny afternoons, many stretches are crowded with joggers, bicyclists and dog walkers. Weekdays bring fewer visitors but they enjoy the solitude — and the views.
“I use it all the time,” said Dmitrius Rodriguez, a 20-year-old Contra Costa College student and barista from San Pablo, who grew up in Hayward. “You can get a little workout in, do some people-watching and look at the bay without going far.”
Rodriguez was hiking through the Golden Gate Fields parking lot, breaking in his backpacking gear — and himself — for a summer trek in Yosemite National Park. After a test at Contra Costa College, he drove to Point Richmond, started hiking and planned to go to Emeryville.
“It’s pretty awesome,” he said as watched construction crews working on the new stretch of trail. “I’m glad they’re putting money into something like this that people like and will use.”
He’s used sections of the Bay Trail all his life, mostly in Hayward and now in the upper East Bay, but said he had no idea it covered more than 350 miles.
A worker with the Gordon N. Ball road construction company uses a tractor to grade a portion of the Bay Trail near Golden Gate Fields racetrack in Albany.
Photo: Michael Short / Special to The Chronicle
Some trail users admit they’re only familiar with the stretches close to their homes and weren’t aware the trail may someday circle the bay. But that doesn’t stop them from appreciating the path, which is generally paved and at least 8 feet wide, often with dirt or gravel paths alongside. Benches, drinking fountains and restrooms appear intermittently.
“It’s beautiful up here,” said Judith Holten-Mendez 78, a retired dance teacher from Richmond, as she walked her blind dog along the trail on grassy bluffs in Pinole. “I said to myself, ‘Why are you walking the dog in the neighborhood? Get out and see the beauty that God created.’”
Since they retired from Safeway five years ago, Rebecca Ritchie, 60, and Tony Peovich, 62, walk the trail regularly at both Point Isabel in Richmond and in Pinole.
“We love it,” she said. “We never had time to do it before. Now we’re taking advantage of it.”
It is difficult to place a price tag on the Bay Trail, Thompson said, since different segments are built by different entities and nobody kept track in the early days, “but it is in the realm of hundreds of millions of dollars,” she said.
112 The money to build the trail comes mostly from local parks and recreation taxes, state bond measures and grants, regional transportation measures and some federal transportation funding. Developers building along the bay are often required to install part of the trail, and some property owners donate land.
Planners believe it will cost another $1.4 billion to complete the trail, but when it will be done is a tougher question to answer. With less than a third of the trail left to build, Thompson said, “You’d think we could say we’re in the homestretch. But a lot of what’s left is more difficult.”
That includes the least-developed stretch of the trail along the northern edge of the bay paralleling Highway 37. Other crucial stretches include the San Francisco shoreline near the former Hunters Point shipyard and parts of western Contra Costa County along San Pablo Bay, said Thompson and Sean Dougan, trails development program manager for the East Bay Regional Parks District, which has built 40 miles of the Bay Trail in its parks and has 47 miles to go.
Thompson said the Bay Trail should be “substantially completed” in the next decade. Planners and trail backers intend to keep the momentum.
“We have to do it sooner,” said Dougan, “because it gets more and more expensive the longer we wait.”
113
Wood Bridge Gives Way To Steel Replacement on Lafayette-Moraga Trail, July 15 By NEWS24-680 - Jul 3, 2019 Photo: East Bay Regional Park District Lafayette-Moraga Regional Trail will be temporarily closed south of the Glenside Bridge to Glenside Drive and north of the Glenside Bridge
Lafayette, CA – The Lafayette-Moraga Regional Trail will be temporarily closed – south of the Glenside Bridge approximately 200 feet to Glenside Drive and north of the Glenside Bridge approximately 350 feet – for bridge replacement and safety improvements. Construction activities will begin on July 8. The bridge will be closed beginning July 15.
The existing 1976 wood-beam bridge will be replaced by a lighter and stronger corrosion-resistant steel bridge. The new bridge will be two feet wider, resulting in improved trail capacity and safety.
“The existing bridge is aging and deteriorating,” said East Bay Regional Park District spokesperson Dave Mason. “Bridge replacement is necessary for the health and safety of the community.”
The project is being implemented in the summer to minimize the impact to the public, especially students who use the trail to get to and from school.
“The Park District is proud to provide another improvement to Lafayette residents and appreciates the community’s support and patience during the temporary closure,” said Mason. “The Park District is making every effort to complete the project before the start of school on August 13.”
The Lafayette-Moraga Regional Trail covers 7.65 miles and is part of the Park District’s Regional Trail system. The Park District manages over 200 miles of regional trails in Alameda and Contra Costa counties that serve as part of the region’s green transportation network.
114
Uploaded: Tue, Jul 2, 2019, 4:03 pm East Bay Regional Park District opens community survey Online questionnaire to evaluate future priorities by Elaine Yang
As the East Bay Regional Park District (EBRPD) celebrates its 85th anniversary this year, the district seeks public input through a survey to help inform its future priorities.
The survey, open until Aug. 2, gives the public the opportunity to weigh in on both the recreational needs and the most pressing issues of the East Bay's diverse community.
"By completing this short survey, the public will help our board and staff to evaluate priorities as the Park District plans for a future with wide-ranging opportunities and challenges, such as wildfire prevention and climate change," General Manager Robert E. Doyle said in a statement.
"We also want to understand what services, programs and recreational activities residents would like to see added in their local parks, including what they think can be improved," Doyle added.
The EBRPD is the largest regional park agency in the nation with 73 parks and over 1,250 miles of trails in Alameda and Contra Costa counties.
The new survey is intended to give the public an easy opportunity to provide feedback to the EBRPD's Board of Directors and staff. Surveys can be found online or at the Alameda County Fair EBRPD exhibit located in the Agriculture Building.
"The Park District has a tradition of community outreach and transparency, with the 85th anniversary being a great opportunity to solicit residents' opinions and for residents to share what's important to them," said Dave Mason, EBRPD public information supervisor.
Take the survey here.
115
Community News East Bay Hills Trails Benefit Hike just around corner Walk for a cause through Martinez, Berkeley, Oakland hills Aug. 28-Sept. By Marta Yamamoto | Correspondent PUBLISHED: July 1, 2019 at 5:00 am | UPDATED: July 1, 2019 at 2:13 pm
courtesy of Par Koren Hikers walk through the Huckleberry Botanic Regional Preserve in the Oakland hills, one of several trails for hikers to walk in the upcoming Aug. 28-31 East Bay Hills Trails Benefit Hike, which will traverse Martinez, Berkeley, the Oakland hills and Castro Valley.
Imagine the fun of being on a five-day hiking trip through the East Bay Hills, with no long drive all the way to the Sierras. Hiking all day with only a daypack, then arriving at an established camp with a hot gourmet meal waiting.
Not a fantasy; the annual East Bay Hills Trails Benefit Hike and Ride takes place Aug. 28 through Sept. 1, fully supported with a choice of two hikes each day, either 10 to 12 miles or 6 to 8 miles. All meals and campsites are included, camping gear is shuttled between campsites and hikers can decide how many days to participate. Hikers and riders will be on different trails during the day but share campsites, meals and entertainment each evening.
So it’s a win-win; time to explore the East Bay hills through regional parklands and watersheds, with far-reaching views of the bay, the Sierra and Mount Diablo, and time to support the Bay Area Ridge Trail, Volunteers for Outdoor California, and other East Bay trail projects. A host of volunteers enable most of the fees to be donated to these organizations, so over the years the event has raised more than $300,000 for construction, maintenance and restoration of the Ridge Trail and other Easy Bay trails.
At present 375 miles of the Ridge Trail have been established, with 175 miles still being worked on; the hope is to add 100 miles over the next 10 years. Camping takes place in three parks: Tilden Regional Park near Berkeley, Joaquin Miller Park in the Oakland hills and Anthony Chabot Regional Park in Castro Valley. Mornings begin with a hot camp-cooked breakfast, sandwiches are provided for the trails and hearty dinners complete the day. Evenings feature programs both educational and fun and include a visit to Chabot Space & Science Center.
With expert leaders and trail guides, a total of up to 40 miles of the Ridge Trail can be hiked, from the Richmond hills to Castro Valley, with 15 more miles on nearby loops across varied terrain. Over the last two years, 35 to 45 hikers and 15 to 25 riders have participated each day. One event goal is to introduce people to new sections of the Ridge Trail and the East Bay hills in general, and this year part of the route on the first day is from Mount Wanda to Almond Ranch, a new, not-yet-opened section of the Ridge Trail.
116 “We’re hiking through Almond Ranch in Martinez, which will connect the Ridge Trail practically from Berkeley to Solano County,” said Morris Older, a coordinator for East Bay Hills Trails Benefit. “This is also big because the East Bay Regional Park District is working on a 6-mile segment of the Ridge Trail from Garin Park to Niles Canyon Road in Fremont, so we’ll be getting close to 50 miles of continuous trail in the East Bay, which they expect to open next year.”
The John Muir Land Trust is currently fundraising for the Almond Ranch purchase, with $2.75 million raised toward the $4 million needed by this Dec. 31.
“All of the benefits of conservation intersect here. Almond Ranch protects habitat and clean water, offers close-to-home outdoor recreation, and makes critical trail connections that have been on everyone’s wish list for decades,” said Linus Eukel, the John Muir Land Trust’s executive director.
Hikers are not the only beneficiaries of adding open trail mileage; the work also creates corridors for wildlife. For example, one already exists in the East Bay over the Caldecott Tunnel, and Santa Clara County has voted funds to create another over Highway 17.
“This is something that is becoming more of a priority for open space agencies,” Older said. “I think there’s a general awareness among environmentalists of the importance of connected open spaces.”
Along with raising from $25,000 to $30,000 toward improving trails, the East Bay Hills Benefit Hike remains a unique opportunity for long distance hiking, camaraderie and for hikers and equestrians to get to know one another. Early notification of this event gives people time to sign up or volunteer to help with camp and kitchen duties, as well as to donate to the Ridge Trail Project.
Aside from fundraising, the event stands on its own as a remarkable experience. The scenery is exceptional across hills and through forests with streams as hikers travel from Tilden to Joaquin Miller on Aug. 29, Joaquin Miller to Dimond Park and back, with root beer float treats on Aug. 30, Joaquin Miller to Bort Meadow on Aug. 31 and in Anthony Chabot Park on Sept. 1.
And there’s an added advantage.
“In a lot of these places there’s no cell or Internet reception so it’s getting a break from the city, from social media and constant intrusions of the real world,” Older said. “So you have to be in the moment and appreciate the environment and the community of people you’re with.”
If You Go
What: Annual East Bay Hills Trails Benefit Hike When: Aug. 28 through Sept. 1 Info: ridgetrail.org/east-bay-hills-2, $85/day or 5 days for $400, youth hikers (under 18) can join with an adult participant for $35/day, visitors can come for dinner in camp for $15/night, participants can be picked up and dropped off at BART at beginning and end of hike and assistance can be given in shuttling cars from camp to camp. Almond Ranch: jmlt.org/almondranch
117
Crush of people hits California parks, campgrounds Tom Stienstra June 30, 2019 Updated: July 1, 2019 1:58 p.m.
At Yosemite National Park, visitation increased from 984,000 in 1955 to more than 5 million in 2016. Photo: Ben Margot, Associated Press
On the flank of Mount Tamalpais, all the trailhead parking lots — Bootjack, Pantoll and Rock Springs — often are filled by mid-morning on weekends.
Some 350 miles north, a mind-bending drive for most, all the campsites are filled this week at Jedediah Smith Redwoods State Park.
At Lake Tahoe, rangers have had to post a billboard-type sign to block the entrance of D.L. Bliss State Park because no parking spaces are left. In Yosemite Valley, all the parking spaces are filled by 9 a.m. and cars parade in a continuous loop for a site.
With July 4 falling at midweek, many people are adding vacation days to their weekends and have turned this week into a vacation logjam, near and far. This is not the week to head off on a seat-of-your-pants trip without reservations.
The heart of the problem is that the population of California has doubled since 1970, from roughly 20 million to 40 million, while the number of campground spaces at state and national parks has remained roughly the same.
In the Bay Area’s nine-county region, the population has more than doubled in the past 25 years from 3.5 million to 7.8 million. Except in a handful of cases, roughly 250 parks have parking lots that are the same size they were in 1995.
At Yosemite, visitation has increased from 984,000 in 1955 to 3.9 million in 1995 and to more than 5 million in 2016. The number of campsites and lodging rooms available has stayed about the same.
From the viewpoint of a traveler, from July 4 through the start of school in August, you must have reservations for trips to well-known destinations. Going Tuesdays or Wednesdays can still provide openings and opportunities.
A good strategy is to save your vacation time for post-Labor Day Weekend. On Tuesdays and Wednesdays, many parks, campgrounds, lakes and trailheads turn into open playing fields.
From the standpoint of rangers, at Muir Woods National Monument, they are trying reservations for parking spaces. The same strategy has worked during the waterfall season on weekends at Uvas Canyon County Park near Morgan Hill, and was tested without much of an impact in Yosemite Valley.
118
Updated: Sun, Jun 30, 2019, 6:09 pm Uploaded: Fri, Jun 28, 2019, 3:23 pm Danville: Magee Preserve development project to be reviewed by Town Council High public turnout expected for oft-debated project site
According to Danville’s principal planner David Crompton, the project would develop approximately 29 acres (or 7%) of the site, with the remaining 381 acres of open space permanently preserved. (image courtesy the town of Danville) by Ryan J. Degan
From left: Al Kalin of Diablo Cyclists and Seth Adams of Save Mount Diablo have endorsed the project for its environmental and recreational benefits to the area. (photo by Ryan J. Degan)
Developers, environmental conservationists and a sect of local residents are set to clash on Tuesday evening, when the Danville Town Council considers the oft-debated Magee Preserve development project located in the Diablo Road/Blackhawk Road corridor.
Proposed by Walnut Creek-based developer Davidon Homes, the project consists of building 69 single-family homes on the south side of Diablo Road and Blackhawk Road, with the main entrance to the housing complex being based adjacent to Jillian Way.
119 Located on a 410-acre project site, a key provision of the project comes in the form of its environmental conservation. According to Danville’s principal planner David Crompton, the project would develop approximately 29 acres -- or 7% -- of the site, with the remaining 381 acres of open space preserved by the town on a permanent basis.
Magee Preserve will also install a series of hiking and biking trails that will allow residents to experience the area’s scenic beauty and explore land that is currently closed to the public, according to Steve Abbs, vice president at Davidon Homes.
In a town staff report, Crompton wrote that if approved the project would include approximately two miles of trails dedicated to the East Bay Regional Parks District for public use.
While the project does guarantee preservation of 93% of the property’s open space -- current zoning allows the development of 94% of land according to Davidon -- a group of Danville residents are opposed the development of the property due to concerns of disrupting the local wildlife, bicycle safety, traffic concerns and the loss of any open space.
“If the council approves the project as we fully expect, we will seek a referendum public vote,” said Maryann Cella from the group Save Open Space (SOS), which opposed a previous version of the project in court, with some success.
In July 2013, the Town Council approved a nearly identical project proposed by developer SummerHill Homes that was also vehemently opposed by SOS Danville. The group eventually filed a lawsuit challenging the project’s approval, which was upheld by the First District Court of Appeal, which did find that the project did not adequately consider bicycle safety impacts.
The group has previously stated that the development should have triggered Measure S, which limits development on agricultural land and requires voter approval by ballot measure in order to move the development forward -- Contra Costa County Superior Court judge agreed with that argument in concept, but the appellate court overruled that interpretation while upholding the bike safety portion.
To address the court's findings, Crompton said the town selected the "Highway Capacity Manual 2010 Bicycle Level of Service" (BLOS) methodology to test the level of on-road bicyclist comfort level around the project area. Testing found that the effects on bicyclist comfort were “less than significant with a less than one percent change in BLOS score for both weekday and weekend conditions.”
Davidon developers have also proposed a possible plan for expanding a paved bike path that would consist of an eight foot wide off-street paved trail along Diablo Road, which according to Al Kalin of Diablo Cyclist is notoriously dangerous for cyclists due to its narrow windy roads.
“As cyclists we have looked at this and it’s a win-win for everyone not just cyclists and hikers and joggers, but I'd like to add also its a win-win for motorists which is rarely discussed,” Kalin told DanvilleSanRamon.com. “When a bike is on Diablo Road it is not just the cyclists that are in danger.”
“Diablo Road is just not a safe access. So what Magee Preserve does is provides an easement for the town to install (the bike trail). Without this project that easement or that path is not possible. That is a huge public benefit,” Abbs added. “It’s not a requirement of the project, it's a public benefit that we are offering the town.”
Despite concerns from the opposition group, Magee Preserve has received a vocal backing from local environmental group Save Mount Diablo, as well as Bike East Bay, who have praised the project and its developers for their commitment to environmental and recreational benefits.
120 “This is a superior project in terms of an environmental standpoint and that is one of the reasons that we are here,” said Seth Adams, land conservation director at Save Mount Diablo. “Legally the developer has to mitigate for their own impacts, legally anything beyond that is icing on the cake and this development is going way beyond what’s required.”
Adams explained that the Magee Preserve has been a “missing piece” for his organization, and the land preserved will join a network of open space and trails protected by agencies in Contra Costa County.
He is also excited for the recreational opportunities saying: “You won’t believe me at first, but this property has better views that Mount Diablo to the north and Las Trampas to the west.”
“We're here from open space and recreational standpoint, but most people either look at this in terms of an overall project or not, or they look at it in terms of the effect of traffic,” Adams added.
Traffic concerns are another area of concern for SOS Danville and neighboring residents, who fear a large influx of vehicle trips along already busy roads.
According to Crompton, initial traffic studies “found that project trips added to the Diablo Road/Blackhawk Road/Mt. Diablo Scenic intersection … would constitute a significant impact based on the established thresholds of significance” during peak commuting hours.
To help alleviate these concerns, the project would also include the installation of a traffic signal along the Diablo Road/Blackhawk Road/Mt. Diablo Scenic intersection, which Crompton says will help mitigate the project’s impacts and improve traffic flow.
“We are doing our fair share and will actually make things better on Diablo than what exists today,” Abbs said.
Abbs added that if all goes well with the council, Davidon would be able to begin development next summer.
The public is invited to join in on the conversation at the Danville Town Council’s regular meeting which will be held Tuesday, 7:30 p.m. at the Town Meeting Hall, 201 Front St. Attendance is expected to be high.
After discussing the issue this week, the council is expected to consider confirming its final decision on the project during its regular meeting on July 16.
121
Lifestyle // Travel Rattlesnake season is here. Be prepared. Tom Stienstra June 28, 2019 Updated: July 1, 2019 10:23 a.m. 1 of 2 Rattlesnakes are not lying in wait to attack random people (or animals) who aren't bothering them. Photo: Tera Killip / Special to The Chronicle 2017
2 of 2 Two rattlesnakes have an intimate encounter along a trail at Edgewood County Park in Redwood City, Calif. on Friday, April 1, 2011. Photo: Paul Chinn / The Chronicle
To many of us, rattlesnakes carry a reputation as evil assailants lying in wait for their target, fangs at the ready. But in reality, snakebites occur most frequently when people (and dogs) surprise rattlers while hiking, running or scrambling over rock scree.
Rattlesnakes range across the Sacramento Valley and Sierra foothills but are also present in Bay Area outdoor destinations and parks. They are commonly found at Mount Diablo as well as Claremont Canyon in Oakland and elsewhere in Alameda and Contra Costa counties. In June, East Bay Regional Park District posted a rattlesnake advisory for its 73 parks and 1,250 miles of trails.
The best advice when tooling around Northern California this summer is the simplest: Be aware while on the trail or in the backcountry, and watch where you step. Rattlesnakes are part of nature. When you spot one, keep your distance. Don’t approach it. Don’t provoke it. Divert around it. A rattlesnake will not chase you.
Encounters in Northern California often peak in late May, according to the EBRPD. But this year’s cold, wet spring could push that peak period later into summer.
Those spring rains can lead to more rattlesnake activity this time of year. High soil moisture can help reproductive success for rodents, including mice, gophers and ground squirrels — rattlesnakes’ main food sources. In turn, rattlers’ reproduction also peaks in spring, when a female rattlesnake can produce about 10 infants.
Here’s what you need to know going into summer to prepare for, and hopefully avoid, a rattlesnake encounter.
When and where rattlesnakes are active: As cold-blooded reptiles, rattlesnakes often emerge after cool nights to the warming service roads and trails at parks to soak in the heat. Timing is key. Rattlesnakes are most active when temperatures are between 75 and 85 degrees, and during dusk and dawn, according to the Department of Fish and Wildlife.
122 Rattlesnakes often stay within a one-mile radius of their birthplaces for their entire lives, which can span 15 to 20 years, according to the Department of Fish and Wildlife. That means parks or trails where rattlesnakes have been sighted at any time provide likely habitat in the future.
In 2018, rattlesnake bites were reported at Lime Ridge Open Space near Walnut Creek, on a trail on Mount Tamalpais in Marin and at the College of Marin Indian Valley campus in Novato, among other Bay Area outdoor areas. (There is no central repository of snakebite statistics, so keeping track of total rattlesnake bites statewide is difficult.)
In recent years, field scouts have reported rattlesnakes throughout the region: Barbara Gately reported that a friend’s dog was bitten (and recovered) on the Yolanda Trail near Phoenix Lake in Marin; Michael Rudy saw three rattlers on four hikes at Mount Diablo; Mike Rudy encountered two rattlesnakes, each with nine rattles, in 90 minutes at Diablo Foothills; Wild Horse Valley in Foothills Park in Palo Alto has been the site of encounters for years; in the Marin Headlands, Tera Killip sighted a rattler on the paved path between the fork with Wolf Ridge and the entrance to Hill 88 above Bolinas Lagoon.
One of the wildest stories came from Chronicle photographer Paul Chinn and field scout Bart Selby at Edgewood County Park on the Peninsula. Chinn said they almost stepped on two mating rattlesnakes that were intertwined like a bramble on a rose stem.
Though snakes are rare in snow country, one of the most prolific rattlesnake areas in California is the lower reaches of Rattlesnake Creek, a tributary canyon to the Kern River in Sequoia National Park (Tulare County). The canyon feeds down from the Great Western Divide to the Kern and provides a near 100% chance to see a rattlesnake along the trail, as we always have.
How to avoid getting bitten: Avoid wearing sandals or flip-flops in brushy, wild areas. Don’t step or put your hands anywhere that you can’t see. Step on logs and rocks, not over them.
Be especially careful gathering firewood or sitting on a stump or log. Be wary of grabbing “sticks” or “branches” while swimming in lakes and rivers — rattlesnakes can swim too.
Lastly, don’t hike alone if you can avoid it.
If you get bitten by a rattlesnake: From the East Bay Regional Park District: If a rattlesnake bites you, stay calm and call 911 immediately. Lie down with the affected limb lower than your heart. Do not waste time on tourniquets, sucking or applying a snakebite kit. Don’t pack the area in ice or cut the wound with a knife or razor.
If you are by yourself, walk calmly to the nearest source of help to dial 911. Running or moving quickly will increase your heart rate, which will allow the neurotoxin in the venom to travel through your system faster.
Medical attention means receiving an injection of antivenom serum. Medical insurance typically covers the cost.
Rattlesnake bites can be fatal if you are bitten near a vital organ and are not treated, and for small children.
Outdoors writers John Higley and Phil Ford have both sufstained rattlesnake bites. They described initial shock, then burning pain and instant swelling. They say to expect extensive skin
123 discoloration around the bite. Both men received serum and medical care and recovered fully with no lingering effects.
If you are bitten by another kind of snake: If you sustain a bite from a snake you are sure is not a rattlesnake, wash the wound with soap and water or an antiseptic and seek medical attention.
If you suffer a snakebite and aren’t sure what kind of snake bit you, check the bite for two puncture marks (in rare cases one puncture mark) associated with intense, burning pain. This is typical of a rattlesnake bite. Other snakebites may leave multiple tooth marks without associated burning pain.
If a dog gets bitten: If you hike on a summer morning after a cool night, the chance of an encounter increases as the day warms through late morning. If you have a curious dog allowed off leash that doesn’t respond instantly to voice commands, the odds go way up.
Rattlesnake bites can be devastating for pets, at high risk because of their curiosity, domesticated DNA and relatively small bodies. It’s possible to have a vet vaccinate a dog against rattlesnake bites. Vets say the vaccination builds up antibodies against the venom. That reduces the reaction to the bite and gives you more time to get your dog to the doctor. A booster shot is needed four weeks after the first. Even with the vaccination, a dog still needs the anti-venom shot after a rattlesnake bite.
124
A fun way to manage wild vegetation by Nina Egert for the Tidings Thursday, June 27th 2019 Courtesy photoMedford recently passed an ordinance allowing homeowners to rent goats to help clear their land. Ashland should do the same.
In 1991, the Oakland Hills went up in flames. Shortly thereafter, the East Bay Regional Park District instituted a brilliant vegetation management program.
Small herds of goats, restricted by portable fencing, are set out to forage patches of woodland brush. The goats munch up all sorts of wild plants — blackberries, poison oak, nettles, thistles, etc. Within a matter of days, the selected spot is cleared of potential fire hazards. Once finished, the fencing is rolled up; the goats are ushered into a trailer, and the whole operation moves on to another section of the park.
A big fan of Oakland’s goats, I’ve been proposing that someone create a similar program in Ashland since I moved to the area. So, the other day, I was delighted when it was reported that the Medford city council had just approved a goat-rental ordinance. At the same time, I was disappointed that Medford had beaten Ashland to the punch.
Had Ashland’s city council ever considered the idea and nixed it? Were there stringent zoning restrictions? I spoke to several city departments before answers emerged.
The confusion begins with jurisdictional issues. Properties with an Ashland address might be located within the official city limits (and therefore subject to city regulations), or within the greater Urban Growth Boundary, or outside official city boundaries altogether. To complicate matters, the city of Ashland actually owns and cares for land that is not within city boundaries.
Ashland residents and businesses are legally required to keep vegetation on their property under control. The Ashland Parks and Recreation Department maintains much of our urban landscape. Our watershed is managed by the Ashland Fire Department, which also negotiates with some of the privately owned properties outside the city limits.
So, what does this mean for goats?
Within city boundaries, zoning regulations limit the types of small livestock that Ashland residents can keep on their property. Homeowners with sufficient land are permitted to keep two adult miniature (not full-sized) goats. Though the city has further restrictions regarding micro-livestock, a resident could easily own a pair of miniature goats which
125 could then be rotated to forage over several neighbors’ properties — presuming these properties contain the right types of vegetation.
A recent report implied that the rent-a-goat business would be useful for lawn care. Not so. As helpful as goats can be at removing unwanted leafy plants, they are neither useful in managing open grasslands or woody, forested areas. Not to mention lawns.
Typically, goats do not eat much grass. “They are “browsers” and not “grazers,” pointed out Ashland Fire Department’s Division Chief of Forestry, Chris Chambers. “Grazers” (horses, cows, and sheep) are all more effective at grassland management. (Ashland does host a business, Land Manatee, that rotates small herds of cows and horses around rural ranch properties.)
None of the above-mentioned animals are appropriate for maintaining small urban gardens.
Goats will essentially consume any leafy plant within reach. Before setting them out to forage, the types of vegetation in that area need to be carefully considered. Strong and secure fencing has to be installed to keep goats contained, as well as away from any desired flowers and bushes.
“They are great escape artists,” Chambers cautioned.
Chambers pointed out that because goats do not distinguish between wanted and unwanted vegetation, they can foil efforts to restore native plants. If placed in an area where plants already have reached maturation, goats ingest the seeds and collect burrs on their legs. When shifted to another foraging area, they can actually spread invasive species through their droppings.
On the other hand, with well-calculated forethought, goats can be effectively used to permanently remove problematic shrubs. A friend, who has much experience raising goats, explained that by cutting back all the canes from a blackberry patch, then allowing goats to eat new shoots down to the roots, this will actually kill the plant.
While Chambers felt that goats would not be appropriate for vegetation management in some sections of Ashland’s watershed, he could think of several areas where using goats to remove brush might be fully appropriate. Parks and recreation’s Michael Black, who had not previously considered the issue, was also open to the possibility of developing a goat management program.
Readers, stay tuned for more on this topic.
In the meantime, Ashlanders can check zoning regulations to see if raising miniature goats might be a viable choice for them. (ashland.municipal.codes/LandUse/18.2.3.160)
A couple of caveats: Chris warned that goats tend to attract mountain lions, so protective dogs are necessary companions. My goat-loving friend cautioned that they require a secure shelter that both protects animals from winter cold and summer sun. Goats also need some type of structure to climb on — to keep them amused.
126
June 27, 2019 Usa science news No Comments
After months of medical care, a golden eagle was released back into the wild on Thursday.
The eagle was found on land owned by the East Bay Regional Park District in Clayton back in December. Found on the ground, and unable to stand or move one wing, the bird was taken to Lindsay Wildlife Rehabilitation Hospital.
Testing showed that the eagle was suffering from lead poisoning. After medication and six months of care, the eagle bounced back, and was deemed fit to be released.
The ten pound carnivore was banded with an identification tag around one leg, and a satellite telemetry tracker on its back before being driven by truck to the release spot in Clayton near where it was originally found.
127
New Homes Built for Owls
Posted: Thursday, June 27, 2019 12:00 am
New Homes Built for Owls
Cadette Girl Scout, Kali Spelts, has earned her Silver Award. Kali worked with Rangers Travis Vincent and Alex Collins from Del Valle Regional Preserve. Kali loves the parks and backpacking and wanted to do something to help out the park system. After researching about barn owls and their habitats she learned how much benefit the barn owls provide with rodent control to the park ecosystem. She built three owl boxes and had her troop build one so they would learn more about her project and earn their Woodworking badges. Kali did all the building using several power tools with her Dad's supervision. She brought her four owl boxes for installation to Lake Del Valle. Her owl boxes will serve many owl families over the coming years!
128
CITY East Bay fire agencies call for public self-defense: ‘It’s not if a fire occurs, but when’ By William Lundquist, June 27, 2019, 7 a.m. Berkeley Fire Chief David Brannigan at the Inspiration Point press conference for the Hills Emergency Forum on Wednesday, June 26, 2019. Photo: William Lundquist
After the most destructive year of wildfires on record in California, the Hills Emergency Forum held a press conference at Inspiration Point in Tilden Park on Wednesday to alert the public about the importance of fire prevention and called on East Bay residents for help. The Hills Emergency Forum is a collection of agencies responsible for the collection of fire hazard data and establishing protocols for fire prevention in the East Bay. It focuses on public education programs, multi- jurisdictional training and fuel reduction strategies.
Berkeley Fire Chief David Brannigan is optimistic that wildfire prevention efforts will be well supported in Berkeley.
“Our budget passed last night and we got several hundred thousand dollars to put towards fuel management that we haven’t had before,” Brannigan said.
The fire department plans to use the money to reduce unnecessary vegetation and clear out evacuation routes in the case of a fire.
The City Council’s budget policy committee carved out an extra $180,000 for equipment and disaster response training and $233,333 in vegetation management for the budget proposed by Mayor Jesse Arreguín on Tuesday night. That budget was passed by the Council. Arreguín also asked the city manager to consider spending $1.1 million “on an outdoor emergency warning system to be used in the event of a wildfire and when the State’s early warning system is operational, to alert of an impending earthquake.” The additional $1.1 million won’t be considered until November.
Brannigan said everyone in Berkeley, not just the residents who live in the hills, should be aware of the importance of fire safety and be educated on how to prevent property damage in the case of a fire.
“While the most hazardous areas as designated by the state and city of Berkeley are in the hills, everybody needs to be concerned and focusing attention on this,” he said. “In Berkeley, because properties are so tight and houses are so close to each other, maintaining trees and shade to keep moisture higher, hardening your home, removing vegetation that would help a fire spread, and keeping your roofs gutter clear of any dead
129 plant matter, and knowing how to get information should a fire start and where to go and practice evacuating [are all important measures to take].”
Berkeley’s Fire Chief David Brannigan and his rig. Photo: William Lundquist
The forum was primarily concerned with addressing the public and providing ways that residents of the East Bay can do their part in wildfire prevention. Different fire departments and East Bay Regional Parks officials took turns speaking, each one addressing the importance and urgency of fire prevention and safety this summer.
“Our message is simple. We need the public’s help to reduce the threat of fire. Clearing of seasonal weeds, brush and combustible debris from your property now and then maintaining your property in a fire safe condition reduces the fire threat.” said El Cerrito and Kensington Fire Marshal Dave Gibson.
“Fire season is upon us and we need your help to keep our communities safe,” said Oakland Assistant Fire Marshall Vincent Crudele. “Fire defense is self-defense, we ask you to join our team and prepare now because it’s not a matter of if a fire occurs but when.”
While a wildfire can seem a daunting and unstoppable force, there are many ways to prevent it from reaching the point of devastation that California has repeatedly experienced over the last couple of years, the officials said.
Berkeley’s Brannigan went over some of the most important points regarding fire safety and prevention.
• Removing invasive vegetation and picking up trash in your neighborhood helps prevent fuel for fires • Not disposing of cigarettes in undesignated areas • Not setting off fireworks in undesignated areas • Making sure to fully put out campfires, bonfires, and barbeques, especially in fire- prone areas • Being careful when you pull your car over on dead brush and checking to make sure the brush hasn’t been set on fire
130
Published June 26th, 2019 Rattlesnake Advisory Rattlesnake Safety in the Regional Parks Submitted by East Bay Regional Park District
As the weather heats up, rattlesnakes become more active in many of our parks, their natural habitat. They like to explore when the weather gets warm which can lead to more encounters with humans and dogs. The East Bay Regional Park District is advising that the public take snake safety precautions when visiting Regional Parks. Safety Tips for Visiting Regional Parks - Always hike with a friend so you can help each other in case of emergency. - Look at the ground ahead of you as you are walking - Look carefully around and under logs and rocks before sitting down. - Avoid placing your hands or feet where you can't see clearly. - Check the area around picnic tables, campsites, and barbecues before using them. If you encounter a rattlesnake in these areas, notify park staff. - Keep pets on the designated trails and away from snakes if they see one. - Bring plenty of water for yourself and your pets as many parks do not have a direct water supply.
What to Do If You See a Rattlesnake Leave it alone - do not try to capture or harm it. All park wildlife is protected by law. If you see a snake on a trail, wait for it to cross and do not approach. Then move carefully and slowly away.
What to Do If Bitten by a Snake If bitten by a rattlesnake, stay calm and send someone to call 911. Remain calm by lying down with the affected limb lower than the heart. Do not waste precious time on tourniquets, "sucking," or snake bite kits. If you are by yourself, walk calmly to the nearest source of help to dial 911. Do not run. If bitten by any other kind of snake, wash the wound with soap and water or an antiseptic and seek medical attention. If you are not sure what kind of snake bit you, check the bite for two puncture marks (in rare cases one puncture mark) associated with intense, burning pain. This is typical of a rattle snake bite. Other snakebites may leave multiple teeth marks without associated burning pain. Snakes are an important resource in the natural environment. They are prime controlling agents of rodent, insect, and other reptile populations. They must be enjoyed from afar and left where they are found. It is illegal to collect, kill, or remove any plants or animals from the East Bay Regional Park District. Please help us to protect wildlife and their environment for present and future generations. Additional information is available at www.ebparks.org/parks/safety/#Snakes or download a PDF version of our Common Snakes.
131
132
Science's Newest Miracle Drug Is Free A grassroots movement of physicians are prescribing time outdoors as the best possible cure for a growing list of ailments. Can they really convince big health care that free medicine is the way of the future?
By Aaron Reuben
“How often do you all get outside?” primary-care physician Ryan Buchholz asks. It’s a Thursday afternoon in October, a warm one for Washington, D.C., where Buchholz practices. His patient, a young boy named Ariel, doesn’t answer. Maybe his mind is on the flu vaccine he just heard administered to a child in the room next door. Maybe he doesn’t understand the question—he’s only two years old, after all. Ariel clutches a blue teddy bear as his father, Fernando, answers. No a menudo. Not often.
In exam room three of the Upper Cardozo Health Center, Buchholz is performing a routine wellness exam. To Buchholz, wellness means a child is eating right, brushing their teeth, getting vaccinated—and spending time outdoors. On a desktop computer, the modern doctor’s stethoscope, he pulls up a mapping tool called Park Rx, which was created by another pediatrician at the center, Robert Zarr, founder of the public-health nonprofit Park Rx America.
Buchholz is warm and earnest, with short brown hair flecked with gray. He navigates quickly and finds some good-sized city parks near the family’s home. After he coaches Ariel’s father on the benefits of outdoor play—children who spend time outdoors tend to experience better physical and mental health—Fernando’s phone pings with a text message, which shows the locations of the parks, outlines a new nature prescription, and includes a link to notify Buchholz whenever the prescription has been filled. Five seconds later, the doctor rises to test Ariel’s lungs, brandishing an actual stethoscope.
You could have missed the nature talk if you hadn’t been paying attention. It consumed less than three minutes out of twenty. But when the Floreses left the clinic that day, they had a map and a mandate from an authority figure to go play—outside and often. There’s a movement brewing in America’s hospitals, clinics, and outpatient treatment centers. As depression and anxiety rates climb and the obesity epidemic rages on—by the Centers for Disease Control and Prevention’s last count, one in three U.S. adults and nearly one in five children are now obese—health care providers are losing patience with traditional tools. They aren’t abandoning pills and procedures by any means, but to help their patients avoid growing heavier, sadder, or sicker, they are looking far outside their offices.
Research institutes for nature and health are opening at major medical centers, electronic health-record systems have begun to incorporate nature prescriptions just as they do pharmacological ones, and at least one major health insurer has begun offering incentives for nature prescriptions. Those prescriptions take many forms, from general encouragement to get outside at least twice a week to specific instructions for activity, location, duration, and frequency. In a world where we increasingly live our lives indoors, says Zarr, one of the movement’s pioneers, “We are starting to think about nature not just as a place to recreate, but also as a social determinant of health.” There’s
133 no diagnostic code for nature-deficit disorder—the term coined by Richard Louv in his 2008 book Last Child in the Woods—but if there were, Zarr says, “I would use it a lot.”
Later in the day at Upper Cardozo, the mood in exam room three is a bit more tense. Another of Buchholz’s patients, an 11-year-old named Jason, explains that he wanted to skip his checkup. Jason is on the gray exam table as his mother, Roxana, sits beside him, holding her infant daughter. “I’m scared that you might get mad at me,” Jason tells Buchholz. “Because of my weight.”
Buchholz looks tired but not terribly surprised. Jason has been overweight for the past eight years. After making a plan with Buchholz to go outside more and drink fewer sugary drinks, Jason had begun to lose weight. But lately he’s been gaining it back. He’s been good about the sugar, he says, but he hasn’t been getting out as much, even though he loves to play soccer in the park near his home. Buchholz pries, gently, and the reason emerges: a bully. “He gets mad at me when I take the ball away from him,” Jason says. “I say it’s just a game. Then he starts calling me stuff, like fat.” The boy tears up. “Every time when I start running, he makes fun of my stomach,” he says. “I just want to be skinny.” He seems defeated. “I hate being fat.”Buchholz puts a hand on Jason’s shoulder. “I think you are just fine,” he says. “I want you to know that.” He frowns. “Let me see if we can find another park close to where you live.” Buchholz opens the Park Rx America tool and begins to hunt.
“Have you ever been to Bancroft Elementary School?” he asks. Jason hasn’t. Buchholz scans the park details to make sure there’s a soccer field and plugs in a new prescription. “I can go once a day,” Jason offers.
Roxana swipes her phone to see Jason’s updated prescription, with maps, images of green fields, and descriptions of a number of park options. She puts the phone down and Jason picks it up. He sniffs lightly, rubs his eye, and begins scrolling.
Buchholz turns away from his computer. “In my experience, kids who try and make other kids feel bad usually have a problem, and they don’t want anyone to know about it,” he says. “So they try to make everyone else feel bad.” He’s trying to provide some comfort, but Jason isn’t listening. He’s reading his prescription.
“Oh, this is Bancroft?” Jason asks.
“Mm-hmm.”
Jason whistles. “Bancroft is nice.”
Doctors have been encouraging their patients to go outside for millennia. Hippocrates called walking “man’s best medicine.” Han dynasty physicians encouraged outdoor “frolicking exercises” to ward off aging. And until the mid-1940s, tuberculosis patients were sent to mountain retreats to take in the “magic airs.”
What’s happening now is different. It’s widespread, systematic, and, at least in aspiration, evidence based. Though boutique wilderness treatments for trauma and some behavioral disorders have existed for years, the idea that your primary-care physician, psychiatric nurse practitioner, or cardiologist might prescribe a park before a
134 pill is quite new. Most credit the concept to a regional Australian recreation department, Parks Victoria, which began to link the outdoors and human health through initiatives with medical providers in the early 2000s. Soon after, the first mainstream, provider- based outdoor programs in the U.S. started to tackle common diseases. In 2005, in Columbus, Ohio, cardiologist David Sabgir invited his heart-disease patients for the first of what would become hundreds of group park walks. (His organization, Walk with a Doc, now has some 450 chapters in 25 countries.) In 2006, Prescription Trails—the nation’s first nature-prescription program—was founded in Albuquerque, New Mexico, with the aim of encouraging chronic-disease and other patients to hike and walk outside.
Since then “the movement has exploded,” says Betty Sun, the health-program manager at the Institute at the Golden Gate National Parks Conservancy, a San Francisco nonprofit that has expanded its mission to include public health, in part by coordinating knowledge sharing across nature-prescribing programs. According to Sun’s most recent survey, in July 2018, the U.S. now has 71 provider-based nature-prescription programs in 32 states, with the potential to reach hundreds of thousands of patients. The programs tend to fall into two camps: some, like Park Rx America and Tennessee’s Park Prescriptions, are widely available and center on doctor counseling supported by digital tools to help patients find nature and remind them to go out in it. Others, like California’s Santa Clara County ParkRx, are available to high-risk patients at select clinics and follow up on doctors’ orders with phone reminders, transportation support, and group outings.
For health care providers, there are two reasons to prescribe nature. The first has to do with what it may do for us. Exposure to nonthreatening natural stimuli, scientists have discovered, lowers blood pressure, reduces stress-hormone levels, promotes physical healing, bolsters immune-system function, raises self-esteem, improves mood, curtails the need for painkillers, and reduces inflammation. One leading theory is that these stimuli—the scent of plants, the sight of trees swaying in the breeze, the sounds of birds, streams, and rustling leaves—combine to activate the unconsciously controlled “rest and digest” functions of our bodies, which are regulated by our parasympathetic nervous system. These functions are suppressed when a threatening stimulus, whether a venomous snake or an aggressive work e-mail, triggers our sympathetic “fight, flight, or freeze” system. If that response stays active long enough, our immune, digestive, reproductive, and psychological health suffers. In an increasingly urbanized world, in other words, nature cues our brains to shift us from a depleting to a restoring state. “The environment of our original adaptation is all outdoors,” says Chao-ying Wu, a pediatrician in Bellingham, Washington. “It just makes sense.”
The second—and more common—reason that clinicians prescribe nature is that with the parasympathetic system happily activated, the outdoors becomes a great place to do beneficial things that we might not otherwise enjoy doing—like exercising.
Behind closed doors, some providers will also admit that prescribing time in nature makes them feel better personally. “It’s hard for us, through the fatigue and burnout, to be focusing all the time on the problem list,” says Zarr. “I sometimes need a break from the negativity.” Talking about getting outdoors, he says, is “a positive thing to do in the room.”
135 For Zarr, a typical park prescription starts with two questions: What do you like to do outside? And where do you like to do it? “With that,” he says, “half my prescription is done already. It gives me a baseline place and activity that they feel good about. Then it’s my job to push it up a notch in terms of frequency and dose.”
Zarr has the bookish air of a Manhattan intellectual (glasses, receding hairline) combined with the physique of a triathlete. Despite a busy clinical and travel schedule, he walks, cycles, or hikes outdoors three or four times a week. “I try to get out for my own mental health,” he says. On his desk, review articles about hypertension share space with how-to guides on Shinrin-yoku, the Japanese art of forest bathing. But nature medicine is a relatively new preoccupation for Zarr. Around 2010, “something shifted,” he says. That’s when he heard Richard Louv give the keynote speech at the American Academy of Pediatrics’ national convention, connecting the rise in childhood obesity and ADHD to kids spending more time inside. “Whenever I go to a talk or read a book,” Zarr says, “I ask myself, Is that what I see in my own clinic? And I realized that there was a lot of truth to what he was saying.” So many of Zarr’s pediatric patients and their family members were suffering from anxiety, obesity, and attention-deficit disorders. “They were on their devices constantly,” he recalls. “Their routines were horrible. I thought maybe a nature prescription would solve a lot of these seemingly unrelated problems.”
The timing was right. Inspired by news coming out of Australia, leaders from the Golden Gate National Parks Conservancy, the National Park Service, and the U.S. Fish and Wildlife Service had just begun training clinicians and offering funding for pilot projects. In 2011, when Zarr was president of his local chapter of the American Academy of Pediatrics, he began to test the use of nature prescriptions at Upper Cardozo, as well as at George Washington University’s Children’s National Medical Center. In the summer of 2013, he and his colleagues launched a web-based prescription tool, DC Park Rx, connected to a database of green spaces around D.C. They took it national as Park Rx America in 2017. Providers in 16 states now use it. Erin Wentzell, a doctor of physical therapy at George Washington University who works with children with disabilities, remembers when Zarr first pitched her department the idea. “I thought, This is amazing—this is exactly what we need. For kids, being outside is so motivating,” she says. Some of her patients—for example, children with developmental disabilities who have difficulty walking—may give up quickly if they’re inside a clinic or at home. “But if there’s a really big hill and we’re going to collect leaves at the top of it,” she says, “they’ll keep going.”
Now the million-dollar question is: Do these programs work? While it’s too soon to say whether health outcomes, like depression or obesity, will shift noticeably in patients who are told to get outdoors, we have reason to be optimistic. For starters, a doctor’s recommendation can matter a good deal. Meta-analyses of multiple studies suggest that, for example, you’re almost four times more likely to attempt to lose weight if your doctor suggests it.
“Providers can motivate people to change their behavior,” says Megan McVay, a psychologist who studies weight-loss decision-making at the University of Florida. The trouble comes when the new behavior is difficult to sustain. “People’s motivation comes and goes. A prescription could get people to the park, but it may not keep them going back,” McVay says. She believes that regular programs in parks, like ranger outings or meditation classes, can help people who arrive based on a nature prescription build a habit out of a suggestion.
136 Last May, when Zarr presented his prescription software to Georgetown University’s family-medicine department, one of the final questions from the largely receptive audience was about any evidence from randomized control trials. Zarr acknowledged that no large trials existed yet. “I promise that I am trying to get that evidence,” he told the physicians, “but let’s not wait for that.” A few months later, the National Institutes of Health declined to fund a trial that Zarr and his collaborators had proposed, though they have since resubmitted a revised version. But such studies are expensive, says Charm Lindblad, executive director of the program behind New Mexico’s Prescription Trails. “If we had money, we would have done them a long time ago.”In terms of clinical evidence, the movement is still in its infancy, says Bita Kash, director of the Center for Health and Nature at Houston Methodist Hospital in Texas, which was established last year in collaboration with the Texas A&M Science Center and former first lady Laura Bush’s program Texan by Nature. “We are where physical exercise used to be about 30 years ago, when it started to take off,” Kash says. She is confident that exposure to natural stimuli improves health. “But,” she adds, “I know I have to prove it.”
Tina Igbinakenzua was speechless. We were in a forest just outside Oakland, California, surrounded by 150-foot-tall coastal redwoods. A shaft of light illuminated the ground before her, and she was overcome with emotion. Soon enough, her natural exuberance overcame her awe. “Oh, my God,” she said. “I love this place.”
Igbinakenzua was brought to the woods by a program called SHINE (Staying Healthy in Nature Everyday), run by pediatrician Nooshin Razani at the University of California at San Francisco’s Benioff Children’s Hospital. An early adopter of prescribing nature, Razani had noticed that despite wanting to, patients in her clinic often struggled to spend time outside. “We serve extremely diverse clients,” she says, “but the common thread is poverty.” Getting out is hard, and critics of park prescriptions argue that those who could benefit most may be too busy, poor, or unwell to make it happen.
For this reason, Razani says, “we felt that it was unethical to simply tell our patients to go outdoors.” Trained as a physician in San Francisco during the AIDS crisis, she takes an activist’s approach to medicine. Convinced that her low-income patients needed nature as much as the wealthier Bay Area residents who flock to Yosemite and Muir Woods, she launched SHINE in 2014 and in 2016 founded the UCSF Center for Nature and Health, the country’s first hospital-based nature research program. One day each month, Razani and her colleagues lead an outing for around 50 children and parents in the UCSF network. When I visited last fall, she’d just received a referral for a cancer patient who had completed chemotherapy.
On the first Saturday of November, a crowd of kids and parents gathered in the lobby of the hospital’s Oakland clinic. One by one, families headed into private rooms for brief wellness checkups and counseling sessions about the health benefits of nature. Waiting parents leafed through an outdoor brochure published by the East Bay Regional Park District, which supports SHINE, while kids lined up at a child-high water fountain to fill Nalgene bottles emblazoned with the EBRPD logo. Sunlight streamed in from a glass- roofed atrium stairwell, illuminating two 16-foot paintings of redwoods.
When the checkups finished, Razani stepped up onto a chair near the front door. Her dark curly hair was down, and she looked excited. “Clap your hands if you can hear me!” she shouted as children ran to circle her. The outing had begun.
137 “When you are here, you feel so relaxed,” Igbinakenzua told me later, after we’d disembarked from a yellow school bus into the redwood grove. “The light, the shade. It’s so beautiful.” Igbinakenzua was referred to SHINE for stress. An immigrant from Nigeria, she works as a nurse’s assistant at a local hospital. She’s up by 5 a.m. every morning, and between working full-time and raising two children single-handedly—“Oh, my God, there is so much stress,” she said, laughing. Patients are welcome to attend as many outings as they like, and this was her family’s fourth with the clinic. We had just begun a picnic of turkey or tempeh sandwiches (lunch is part of every SHINE trip), and soon her children, Alex, five, and Lisa, seven, would head off with a ranger on an ecological scavenger hunt.
By wrangling transportation, food, guides, and other families, the program seeks to eliminate any potential barriers to getting outdoors. But does it make patients healthier? Is it more effective than just telling them to go outside? In 2015, Razani undertook a randomized trial of 78 parents to find out. All were counseled on potential health benefits (“In nature, you experience less stress and anxiety,” they were told) and received family outdoor-activity prescriptions for three weekly park visits. About 65 percent were then invited on a nature outing that included transportation, food, and programming; the others were simply given a map of local parks. To Razani’s surprise, both of the groups saw similar health benefits. In fact, as she reported last year in the journal PLOS One, the two groups had largely indistinguishable results, experiencing small but statistically significant improvements in their physical activity and mental health. Many followed a dose-response curve, with higher numbers of nature outings correlating with greater improvements. “The effects were modest,” Razani says. “But so was the intervention.” Her study also found that the poorest and most stressed families failed to make it to the group nature outings, suggesting that further support may be necessary to reach those with the greatest need.
“Most people here, they don’t have rides to ever go to the park,” Igbinakenzua said. “Or they don’t know the way.” Many of the other families agreed that they would struggle to get outside if there were no guided trips. “We would never know this place existed,” one father told me.Igbinakenzua says that SHINE has helped her make new friends, grow closer to her children, and try things like boating that she never thought she’d do. But for her, the most important impact has been psychological. “I have so many things I have to think about,” she said as we began the walking portion of the trip. “But when I am here, I am very OK. When I leave, I just pray to be the same way I am now.”
Winter comes quickly to western Wyoming. In September, the mountains get their first dusting of snow while the aspens begin to color in the warmer valleys. In Jackson, the cooler weather of October marks the start of an annual conference on conservation and recreation, the SHIFT Festival (“Shaping how we invest for tomorrow”). Last year’s theme was Public Lands, Public Health, and as the elk ventured down from their high- altitude summer range, several hundred scientists, doctors, conservationists, land managers, nurses, and outdoor-recreation leaders convened to discuss the health benefits of nature.
Across several brisk days consistently described by the outdoorsy group as “bluebird,” the attendees sat through presentations by Zarr and Razani, went on walks led by cardiologist David Sabgir, and listened to testimonials from guides and park rangers. They debated how to achieve greater scale within the movement, find consistent funding, and generate hard evidence of health benefits. Over the course of the talks,
138 mild tension formed between those who were coming to nature via medicine and those who came to medicine via nature. Conservationists worried that calls for more research would delay action; doctors grumbled about the need for precision. At one point, John Whyte, the energetic chief medical officer for WebMD, admonished the participants to improve their social-media habits. “Don’t use the term forest bathing,” he pleaded. “That’s going to turn people off.”
As became clear during the debates, the movement still faces a number of hurdles. Chief among them are who should pay to keep existing programs open and where to find money to start new ones. So far, efforts have been developed and funded largely by partnerships between environmental nonprofits, local parks agencies, and public-health departments or individual medical institutions. Money for software, brochures, prescription pads, park surveys, and group outings tends to come from grants or charitable giving. Programs ebb and flow with the whims of their funders and the enthusiasm of their champions. That may change. Intrigued by nature as a potential low-cost intervention, health insurers have begun dipping their toes into the waters. Kaiser Permanente, the nation’s largest not-for-profit integrated health care system, began funding the Golden Gate National Parks Conservancy’s work around 2012. Since then, says Betty Sun, its support has been instrumental to the movement. And in April 2018, the North Carolina licensee of Blue Cross Blue Shield, the country’s oldest health- insurance association, began offering modest incentives to clinics for participating in the regional nature program Track Rx.
For likely the first time anywhere, providers willing to write park prescriptions could potentially receive higher reimbursement rates. Since then, requests from clinics to participate have swelled, with nearly 125 clinics—potentially 500 providers—enrolled. “I’m honestly having trouble keeping up with demand,” Jason Urroz, the director of Kids in Parks, which runs Track Rx, told me shortly after the insurance initiative’s launch last year.
One obstacle holding other insurers back is tracking. Unless you physically escort your patient to a park, how do you know if a prescription is filled, or at what dose and frequency? Most programs don’t yet track compliance as closely as researchers would like. Clinics that use Park Rx America can monitor adherence only if their patients click the link provided in the prescription, ideally only after they’d visited a park. Track Rx patients must register their hikes through an online portal. The SHINE program has no system for tracking park visits outside of its group trips.Many at SHIFT voiced confidence that the designers and managers behind these programs would soon innovate their way out of these problems. Tennessee State Parks, for example, plans to refine its phone app to passively record prescription fulfillment via location tracking. Greg Wiley, the app’s developer, hopes it will also monitor how long you’re out and how vigorously you move. “This technology already exists,” he says. “It’s just a matter of adapting it.”
In a show of faith from the outdoor industry, shortly after the festival REI announced the donation of $1 million to help launch a Nature for Health research initiative at the University of Washington. (To date, REI has also granted Nooshin Razani $200,000 for her work.) “We are trying to catalyze the movement,” says Marc Berejka, REI’s director of government and community affairs. The research initiative ultimately aims to inform health care practice, says Nature for Health director Josh Lawler, an ecologist at the University of Washington. “We’ll know it worked if people end up happier and healthier.”
139
Great advances in public health don’t always come from the shelves of pharmacies. Historically, a large number have arrived through collective efforts for change—to channel waste away from cities, screen food for contamination, or remove deadly toxins from the water supply, to name just a few. It’s a paradox of modern life that some of the most promising innovations in health care seem to be the outcome of collective action involving not just health care providers, but also journalists, insurers, park agencies, and conservationists, to reconnect us with things we’ve recently discarded. Maybe we need food that wasn’t developed in a lab. Maybe we need to talk face to face. Maybe we need time outside. Treating nature as medicine can’t overcome the forces conspiring to make us chronically unwell. It won’t clean our air or make our cities more walkable. But in the gentle insistence that we need to spend some portion of our days in natural spaces to feel normal, it could motivate us to welcome nature back into our lives and give more attention to those who lack the means of doing so.
In the meantime, as the movement grows, patients are finding themselves venturing outside for the first time and discovering that it suits them. This was Rick Bulcroft’s experience. For most of his adult life, Bulcroft sat. A 65-year-old sociologist at Western Washington University, Bulcroft sat for work and he sat for leisure. (“A lot of TV watching,” he says.) Then, during his annual checkup two years ago, Bulcroft’s primary- care physician, Greg Anderson, a former Navy doctor, warned him that his cholesterol, blood sugar, and blood pressure were too high, putting him at risk for diabetes, heart disease, and premature death. Reluctantly, Bulcroft had already started blood-pressure medication. Now Anderson added a prediabetes intervention program that encouraged calorie counting and regular exercise—outdoors if possible.
Anderson believed that the active ingredients in nature—the sights, the sounds, the smells—would do as much for Bulcroft as the calorie counting. Bulcroft had tried to get in shape in the past, largely by logging hours at the gym. But this time—wandering quiet trails in the woods, smelling fresh cedar in the morning—something clicked. “With the park it didn’t feel like exercising anymore,” Bulcroft says. “I was just being outside.”
Six months later, Bulcroft had lost 60 pounds. His blood pressure, cholesterol, and blood sugar were normal. He was so healthy, in fact, that Anderson told him he could probably go off the blood-pressure med. “I feel great now,” Bulcroft says. “The only problem is that I’ve had to buy new clothes.” Last year, Anderson wrote 165 nature prescriptions. “There’s no downside,” he says. “The worst thing that can happen is they don’t go. If they do go, then 100 percent of the time they feel better and they’re glad they went.” “We don’t see a lot of ads for parks on TV,” Anderson tells his patients. “But if you put the power of nature in a pill, it would be a billion-dollar drug.”
This article originally appeared in print and online with the rubric “Nature Rx” and the headline “Ask Your Doctor If Nature Is Right for You.” Both terms were originally developed by writer/director Justin Bogardus and Dream Tree Film as a part of a viral comedy series on the power of reconnecting with nature at nature-rx.org. Outside has hosted some of these award-winning films on its website since 2015.
140