October 20, 2015

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Board of Directors Board Meeting Packet

October 20, 2015

Clerk of the Board YOLANDE BARIAL

KNIGHT

(510) 544-2020 PH (510) 569-1417 FAX MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT East Bay Regional Park District

Board of Directors WHITNEY DOTSON President - Ward 1 The Regular Session of the OCTOBER 20, 2015 Board Meeting is scheduled to commence at DOUG SIDEN 2:00 p.m. at the EBRPD Administration Building, Vice President - Ward 4 2950 Peralta Oaks Court, Oakland BEVERLY LANE Treasurer - Ward 6 DENNIS WAESPI Secretary - Ward 3 DIANE BURGIS Respectfully submitted, Ward 7 JOHN SUTTER Ward 2 AYN WIESKAMP Ward 5 ROBERT E. DOYLE ROBERT E. DOYLE General Manager General Manager

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

2 AGENDA

REGULAR MEETING OF OCTOBER 20, 2015 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT

12:30 p.m. ROLL CALL (Board Conference Room) The Board of Directors of the East Bay Regional Park PUBLIC COMMENTS District will hold a regular

meeting at District’s CLOSED SESSION Administration Building, 2950 Peralta Oaks Court, Oakland, A. Conference with Labor Negotiator: Gov’t Code § 54957.6 CA, commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Agency Negotiator: Robert E. Doyle, Debra Auker, Tuesday, October 20, 2015. Jim O’Connor, Sukari Beshears Employee Organizations: AFSCME Local 2428 Agenda for the meeting is Unrepresented Employees: Managers and Confidentials listed adjacent. Times for agenda items are approximate only and are subject to change B. Conference with Legal Counsel: during the meeting. If you wish to speak on matters not on the 1. Existing Litigation – Gov’t. Code Sec. 54956.9 (d)(1) agenda, you may do so under Public Comments at the beginning of the agenda. If you a) Hornischer v. EBRPD wish to testify on an item on Alameda County Superior Court the agenda, please complete a Case No. RG 13-668866 speaker’s form and submit it to b) United States v. 1.41 acres, et al. the Clerk of the Board. United States District Court, Northern District of California A copy of the background Case No. CV 14-01781-WHA materials concerning these c) Sierra Club v. EBRPD agenda items, including any Alameda County Superior Court material that may have been Case No. RG 15-776546 submitted less than 72 hours d) SPRAWLDEF v. EBRPD before the meeting, is available for inspection on the District’s Alameda County Superior Court website (www.ebparks.org), Case No. RG 13-663903 the Administrative Building reception desk, and at the C. Conference with Real Property Negotiator Regarding Price and/or meeting.

Terms of Payment – Gov’t Code § 54956.8 Agendas for Board Committee Meetings are available to the 1) Agency Negotiator: Bob Nisbet, Liz Musbach 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 Contra Costa County specific Board Committee, please call the Clerk of the 211-230-014-6 Wiedemann Ranch, Inc. Bishop Ranch Open Board’s Office at (510) 544- 1095 Hawkshead Circle, 2020. Space Regional San Ramon Preserve District facilities and meetings 211-230-013-8 Wiedemann Ranch, Inc. Bishop Ranch Open comply with the Americans 3331 Ashbourne Circle, Space with Disabilities Act. If special accommodations are needed San Ramon Regional Preserve for you to participate, please 238-080-032, 238-808-035 and Eric & Megan Lindberg Calaveras Ridge contact the Clerk of the Board 238-080-036 Trail as soon as possible, but 7 Vista Del Valle and 788 preferably at least three Glenside Drive, Lafayette working days prior to the meeting. 3

APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Contra Costa County

238-080-033 Victoria Liviakis Calaveras Ridge 782 Glenside Drive, Lafayette Trail 189-150-011 Golden Rain Foundation Calaveras Ridge End of Skycrest Drive, of Walnut Creek, Trustee Trail Walnut Creek

2:00 p.m. OPEN SESSION (Board Room)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. PUBLIC COMMENTS

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

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of September 7, 2015 to September 20, 2015 (Auker/Doyle) (Resolution) (No Cost) b. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) c. Approval of the Minutes for the Board Meeting of October 6, 2015 (Barial Knight/Auker) (No Cost) d. Authorization to Accept the Bid and Award a Contract with American Asphalt Repair and Resurfacing Company, Inc. for Parking Lot Slurry Seal: Redwood Canyon Public Golf Course (Barrington/O’Connor) (Resolution) (Budgeted Funds) e. Authorization for the Purchase and Installation of an Inclined Platform Wheelchair Lift: Environmental Education Center/Tilden Nature Area (Barrington/O’Connor) (Resolution) (Budgeted Funds) f. Authorization to Award a Contract for Consulting Services to Consolidated CA to Perform Construction Management Pre-Construction Services for Lake Chabot Campus Modernization Project: Lake Chabot Regional Park (Barton/Nisbet) (Resolution) (Budgeted Funds) g. Acceptance of Bi-Annual Actuarial Valuation for the East Bay Regional Park District General Employees and Sworn Safety Retirement Plans as of January 1, 2015 (formerly Transamerica) (Spaulding/Zenoni /Auker) (Resolution) (Budget Change) h. Approval of Out-of-State Travel for Board Member Whitney Dotson to Attend the 2015 Rising Seas Summit in Boston, Massachusetts on November 3 - 5, 2015 (Barial Knight/Auker) (Resolution) (Budgeted Funds)

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

a. Lake Chabot Campus Modernization Project Update: Lake Chabot Regional Park (Barton/Nisbet) (No Action Taken/ Report Received)

3:00 p.m. 3. BOARD AND STAFF REPORTS

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

3:30 p.m. 4. GENERAL MANAGER’S COMMENTS

4:00 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

4:05 p.m. 6. BOARD COMMENTS

4:30 p.m. D. ADJOURNMENT

5 CONSENT CALENDAR

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of September 7, 2015 Through September 20, 2015 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of September 7, 2015 through September 20, 2015.

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.: 2015 - 10 -

October 20, 2015

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF SEPTEMBER 7, 2015 THROUGH SEPTEMBER 20, 2015

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 September 7, 2015 through September 20, 2015;

Moved by Director , seconded by Director , and adopted this 20th day of October, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

7 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County 034-2300-010-04 (portion) East Bay Regional Park Martin Luther King, Jr. 11500 Tidewater Avenue, District (Flexi-Van Leasing, Regional Shoreline Oakland Inc., Lessee)

REVENUE/COST

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

BACKGROUND

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

ALTERNATIVES

No alternatives are recommended.

8 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 10 -

October 20, 2015

AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS

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

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

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on October 20, 2015; and

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

Moved by Director , and seconded by Director , and adopted this 20th day of October, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

9 Acquisition, Stewardship & Development Division AUTHORIZATION TO NEGOTIATE t:\bstone\mxd projects\A2N\ 2015\A2N-October-20-2015.mxd Date:October 20, 2015

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Park/Trail: Martin Luther King Jr. Regional Shoreline 1 Owner: East Bay Regional Park District APN: 034-2300-010-04 (portion) Location: Tidewater Avenue, Oakland, CA

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11 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Approval of the Minutes for the Board Meeting of October 6, 2015 (Barial Knight/Auker)

12 Unapproved Minutes Board Meeting of October 6, 2015

The Board Meeting, which was held on September 15, 2015 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland was called to order at 12:35 p.m. by Board President Whitney Dotson.

ROLL CALL

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

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

The Open Session of the Board Meeting was called to order at 2:03 p.m. by President Dotson.

Staff Present: Jim O’Connor, Debra Auker, Carol Victor, Police Chief Tim Anderson, Steve Myli, Michael McNally, Erich Pfuehler, Aaron Roth, Rob Lim, Nelson Lam, Mimi Waluch, Anne Kassebaum, Kim Fisher, Matt Graul, Precious, Linda Wu, Sean Dougan, Liz Musbach, Jeff Rasmussen, Mona Koh, Anne Kassebaum, Alicia Gonzales, Tiffany Margulici, Carolyn Jones, Mimi Waluch, Jason McCrystle, Bob Nisbet, Mark Ragatz, Ruby Tumber, Sue Shallenberger, Carolyn Jones, Debra Auker, Bill Zenoni, Mike Nolan,

Guests: Kyle Manahan: NAM, Chris Otness & Kyle Kearney: Borrego Solar, Gray B. Dougherty: Dougherty and Dougherty Architects

A. APPROVAL OF AGENDA

By motion of Director Siden, and seconded by Director Lane, the Board voted unanimously to approve the Agenda reversing the order of review of items 2a and 2b.

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

B. PUBLIC COMMENTS

Mr. Stuart Rupp commented on the Chabot Gun Club draft (former environmental manager) requested the board hold stakeholder meetings to discuss 3 alternatives: closing the range, continue the existing lease, working through the new lease with cost savings in environmental protections.

Mr. Anthony Hare, former Director for Catastrophic Management, read a newspaper article on the closing of the range. He did not read the draft report. His focus is on the people that are not counted as stakeholders; those who just like to watch, disabled veterans and marksman, encouraging staff to engage them also.

13 Unapproved Minutes Board Meeting of October 6, 2015 Chad Inman talked about the possibility of exploring disc golf at the Nejedly staging area. He volunteered to do a walk through with staff to see if it could be considered fit for this sport.

C. BUSINESS BEFORE THE BOARD

By motion of Director Lane, and seconded by Director Burgis, the Board voted unanimously to approve the consent calendar. Item k was pulled for a separate vote.

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

k. Authorization to Transfer and Appropriate Funds and Award of Contract for Consulting Services to Kjeldsen, Sinnock & Neudeck, Inc. for Water System Master Study: Del Valle Regional Park Resolution No. 2015 – 10 – 289 (attached)

Director Lane had questions on the water system and if we are looking at non-potable water. Nelson Lam, Civil Engineer, said that we are looking at the entire system for vegetation, fire suppression and human consumption.

1. CONSENT CALENDAR

By motion of Director Lane, and seconded by Director Wieskamp, the Board voted unanimously to approve the consent calendar. Item k was pulled for a separate vote.

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

a. Approval of District Check Listing for the Period of August 17, 2015 to September 6, 2015 Resolution No. 2015 – 10 – 280 (attached)

Approval of the Minutes for the Board Meeting of September 15, 2015

b. Authorization to Negotiate with Various Property Owners Resolution No. 2015 – 10 – 281 (attached)

Director Sutter wanted some explanation on this authorization. Liz Musbach, Land Acquisition Manager, said that we are seeking authorization because all of the parcels on this list are owned by EBMUD. Staff is engaging with EBMUD staff to develop a new master lease to cover Lake Chabot.

d. Authorization to Amend the 2015 Budget to Increase Revenue and Expense Budget for Equipment Donation from the Regional Parks Foundation: Camp Arroyo Resolution No. 2015 – 10 – 282 (attached)

e Acceptance of Formal Bid from WestMark, Inc. and Authorization to Purchase One Freightliner Vacuum Tank Truck Resolution No. 2015 – 10 – 283 (attached)

14 Unapproved Minutes Board Meeting of October 6, 2015 f. Acceptance of Formal Bid from WestMark, Inc. and Authorization to Purchase One Potable Water Tank System Resolution No. 2015 – 10 – 284 (attached)

g. Approval of Out-of-State Travel for Board Member Diane Burgis to Attend the 2015 Rising Seas Summit in Boston, Massachusetts on November 3 - 5, 2015 Resolution No. 2015 – 10 – 285 (attached))

h. Authorization to Transfer and Appropriate Funds and to Extend a Lease Agreement with the State Lands Commission for 80 Acres of Wetlands: Bay Point Regional Shoreline Resolution No. 2015 – 10 – 286 (attached)

i. Authorization to Enter into a License Agreement with East Bay Municipal Utility District for the Placement, Operation and Maintenance of a Temporary Bypass Valve: Huckleberry Botanic Regional Preserve Resolution No. 2015 – 10 – 287 (attached)

Director Sutter asked about the fencing and explanation of the temporary license. Liz Musbach, Land Acquisition Manager, explained the rationale for the above ground valve which would have no impact on the public or operations. EBMUD would be 100% responsible for its maintenance and it will be up about 2 years.

j. Authorization to Award a Contract to John Clay General Engineering Contractors, Inc. for the Campground Restroom Buildings #9 and #20 Demolition and Replacement: Del Valle Regional Park Resolution No. 2015 – 10 – 288 (attached)

Director Sutter asked about the aesthetics of the restrooms. Rob Lim, Chief of Design and Construction, showed a graphic of the building. Director Waespi asked about if there would be skylights. Staff will look at the aesthetics. L. Authorization to Execute a Consulting Services Contract with GHD Inc. for Design Services Associated with Structural Repairs to the Fishing Pier: Point Pinole Regional Shoreline Resolution No. 2015 – 10 – 290 (attached)

m. Authorization to Augment Construction Contingency for Construction of Staging Area Improvements: Vargas Plateau Regional Park Resolution No. 2015 – 10 – 291 (attached)

n. Authorization to Extend and Amend the Contract for Services with URS Corporation for Final Design, Approval and Bid Support Services Required for the Pinole Shores to Bayfront Park Project: San Francisco Bay Trail Resolution No. 2015 – 10 – 292 (attached)

o. Authorization to Appropriate and Transfer Funds for Trail and Staging Area Renovation: Sibley/Huckleberry Regional Preserve Resolution No. 2015 – 10 – 293 (attached)

Director Siden asked about whether staff is going back to the railroad for a crossing. Sean Dougan, Trails Development Manager, said that we are currently discussing this with the railroad however the crossing already exists and the District is connecting to it.

15 Unapproved Minutes Board Meeting of October 6, 2015 p. Authorization to Purchase Replacement AutoDesk Civil 3D Workstations from CadMasters, Inc. Resolution No. 2015 – 10 – 294 (attached))

q. Authorization to Enter into a Contract with Condor Earth Technologies for Design of Main Stair Replacement: Black Diamond Mines Resolution No. 2015 – 10 – 295 (attached)

Director Burgis acknowledged the work of Sue Schallenberger and gave her bio touching on her many contributions to the park district. In particular at Black Diamond Mines where she is the Mine Supervisor.

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

The board voted unanimously to reverse the order of the Open Session items 2-a and 2-b; whereby 2-b was discussed first, followed by 2-a.

b. Authorization to Execute a Sole Source Agreement for Job Order Contracting (“JOC”) Program Development, Implementation, and Management Services with The Gordian Group, Inc. d/b/a The Mellon Group Resolution No. 2015 – 10 – 296 (attached)

By motion of Director Sutter, and seconded by Director Wieskamp, the Board voted unanimously to pull Item C-2-b and move it to the earliest reasonable option.

Directors Present: Diane Burgis, Whitney Dotson Beverly Lane, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Absent: Doug Siden.

Rob Lim, Chief of Design and Construction, gave a PowerPoint presentation about Job Order Contracting (JOC) which is an alternative procurement method. Lim stated that it simplifies the procurement process for small and medium sized projects, faster start of construction and improves overall efficiency. Design - Bid - Build methods are still available. JOC contractors are incentivized to do good work thereby encouraging future assignments be assigned to them. JOC will reduce our backlog, a positive return on investment and is innovative because new to the District however it is established with about 2000 agencies.

Aaron Roth, AFSCME, Local 2428 read an email from their business agent, Sharon McAleavey, to HR Director, Sukari Beshears, sent on October 6th regarding JOC. The union is asking the Board to request that the item be pulled from the agenda, until request for information has been completely addressed. Jim O’Connor, we have met and confer with the union. The request for additional information was after the original meet and confer. We have had a delay in HR due to some personnel matters.

Director Sutter asked if there is time to have further discussions with the union. What percentage of the repair budget would the JOC require? Jim O’Connor, AGM Operations responded that we can go back and talk. Bob Nisbet, AGM ASD said that there is a cap and the Gordian group is only paid based on the value of the work. Their fee is 5% of the construction costs. They provide a task catalog, consultation, professional services group providing program management to us.

Director Siden asked what is the role the Board and does the Board award a construction contract? How will we know the record of these companies, do they employ a union workforce and their workforce diversity. Nisbet says this item will come back to the board to proceed. Gordian Group is a large company who has office

16 Unapproved Minutes Board Meeting of October 6, 2015 in San Francisco. To the extent allowed by law nothing has changed as it applies to diversity of contractors, union vs non-union. Public contract code requires us to award a contract to the lowest responsible responsive bidder. Nisbet underscored that staff did attend meet and confer, a letter was received from the business manager and a short answer was provided. We met in meet and confer and answered all questions. If the desire of the Board is to have one more check-in, there is no urgency accept our desire to meet the obligations of the Board and get our work done. Director Siden departed the meeting at 3:16 pm.

Director Waespi expressed that it would be a courtesy to the Union to delay action on this item. Waespi asked if the cost savings is net of their fee. Lim said yes. He added that The Gordian Group is utilized by Contra Costa and Alameda County. Nisbet added that JOC cannot be used on new construction nor capital maintenance type projects; not a tool for corrective or preventative maintenance. Director Lane asked about the disadvantages in using JOC. Lim said since it is new to the District there is a learning curve and training. Lane added that in response to AFSCME, I would like to have at least one other meeting. Director Burgis agreed with delaying action in order to answer AFSCME questions. What would we be able to do if we are not happy with the contractor in the middle of the project. Lim responded that if we are not happy and we have met our financial obligation of $50K we do not have to use them and they will not be assigned new projects.

Director Wieskamp has no problem with waiting for staff to meet with the union and get all their questions answered. Wieskamp asked if we could get something n writing from the two counties about their experiences with JOC. Director Burgis asked for a long list of projects. O’Connor added that JOC would be helpful for paving.

a. Authorization to Exercise the Option and Transfer and Appropriate Funds for the Acquisition of 71.37± Acres of Real Property from Russell T. Heilig and Timothy M. Heilig: Las Trampas Wilderness Regional Preserve Resolution No. 2015 – 10 – 297 (attached)

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

Directors Present: Diane Burgis, Whitney Dotson Beverly Lane, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Absent: Doug Siden.

Suzanne Lusk, Land Acquisition Specialist, presented a PowerPoint presentation on this item. Director Lane asked if the bridge is public access. Lusk responded that is a private access however it would be determined by the LUP and there are other ways into the property. Director Sutter asked about the fence and trail development. Lane requested that staff obtain the Moeller family’s oral history.

3. FINANCE AND MANAGEMENT SERVICES DIVISION

a. Authorization to Transfer and Appropriate Funds and Award Contract to Borrego Solar Systems Inc. for the Construction of Solar / Photovoltaic System: Shadow Cliffs Regional Recreation Area Resolution No. 2015 – 10 – 298 (attached)

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

Directors Present: Diane Burgis, Whitney Dotson Beverly Lane, John Sutter, Dennis Waespi,

17 Unapproved Minutes Board Meeting of October 6, 2015 Ayn Wieskamp. Directors Absent: Doug Siden.

Jeff Rasmussen, Asst. Finance Officer, introduced consultants - Kyle Manahan: NAM; Chris Otness & Kyle Kearney: Borrego Solar; Gray B. Dougherty: Dougherty and Dougherty Architects and thanked staff for all of their expertise and input. Each consultant presented their individual study. Director Sutter asked about the cost increase from $2.9 million to $4 million how did we get to that. Rasmussen said the District originally was going to have the solar panels in one location. The additional cost is for moving the panels in 3 locations throughout the park. Director Burgis asked if we will be charging for vehicle charging stations. Rasmussen is proposing fee based. AGM O’Connor asked if there is a performance guarantee and Rasmussen said yes. Director Wieskamp liked the aesthetics and met on recycled water with the City and they had no problem sharing the water. Director Lane asked if we can we use recycled water. Carol Victor, District Counsel, replied that it is a regulated area and we have to look at this issue. Director Sutter asked about the rain and the effect on the panels. Rasmussen said they are not made to catch water, it falls in sheets on the panels. Director Lane asked if park users will be staging in parking lot under the parking spaces. O’Connor said that park users may it will not be encouraged. Director Waespi asked how many spaces are under the panels and the payback. Director Lane asked what is the life of the solar panel? Mr. Kearney said it has a guaranteed life of 25 years and useful life about 35 years. They will be District assets.

4. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

Acting General Manager Jim O’Connor discussed those items listed on the staff report. Bob Nisbet and Erich Pfuehler presented the entire master plan as a Priority Conservation Area (PCA) and only public agencies were allowed to nominate.

Debra Auker, Acting AGM Finance and Management Services, introduced the Interim CFO, Bill Zenoni.

5. GENERAL MANAGER’S COMMENTS

Carol Johnson, AGM Public Affairs, presented an update on the evolution of the Healthy Parks Healthy People (HPHP) Initiative; including the parks prescription program.

5. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Carol Victor announced none.

6. BOARD COMMITTEE REPORTS

a. City of Alameda Liaison Committee (7/14/15) (Siden)

7. BOARD COMMENTS

Director Wieskamp reported on meetings attended. Director Wieskamp • Attended a meeting on recycled water with EBRPD staff, Livermore and County staff; • Attended the Rotary Meeting in Pleasanton; • Attended the Pleasanton Mayors Conference; • Attended Beverly Copeland’s memorial; • Attended the CSDA conference in Monterey;

18 Unapproved Minutes Board Meeting of October 6, 2015 • Attended the Finance committee meeting; • Attended the Gathering of the Ohlone; • Attending the Niles Canyon Roll & Stroll; • Thanked Steve Myli for the good job on the reconfiguration of the Board Room.

Director Lane reported on meetings attended. Director Lane • Attended the Finance meeting; • Attended the San Ramon City Council meeting; • Attended Catharine Baker’s Breakfast meeting; • Went on a Walk & Talk at Bishop Ranch Preserve; • Attended the Oakland Afro’s Glamp Out; • Announced her new book has come out on San Ramon Valley; • Attended the O’Neill Festival; • Attended the Lunch for Elected Women in Contra Costa; • Attended the Walnut Creek Watershed Ecology meeting • Attended the memorial service for John Rusik; • Attended retirement for Erika Herron; • Attended retirement for Dave Collins; • Attended the Health & Safety Fair; • Attended dedication ceremony on Juan Baptiste in El Cerrito.

Director Sutter reported on meetings attended. Director Sutter • Attended the SF Bay Restoration Authority meeting; • Attended the SF Estuary Conference; • Attended the Oakland City Council Meeting; • Attended Art & Nature in Redwood Park; • Attended Oakland Measure DD Advisory Committee; • Attended Bay Area Ridge Trail meeting; • Attended the Bill Lockyer Bay Trail Opening; • Attended Dave Collins retirement; • Attended the Outdoor Afro Glamp Out; • Attended the Executive Committee meeting; • Attended the PAC meeting; • Attended Operations Committee meeting.

Director Burgis reported on meetings attended. Director Burgis • Attended Storm Water Workshop at Big Break; • Attended the Martinez Sportsman Fish & Wildlife dinner; • Attended Labor for Labor dinner; • Attended the SF Estuary Conference; • Helped to organize Coastal Cleanup on Marsh Creek Trail; • Attended the CSDA Conference in Monterey; • Attended the Richmond Liaison Committee meeting; • Attended the Ecology meeting (conferenced in).

Director Siden reported on meetings attended. Director Siden • Left the meeting at 3:16 pm for another meeting.

Director Waespi reported on meetings attended. Director Waespi • Attended the CSDA conference;

19 Unapproved Minutes Board Meeting of October 6, 2015 • Attended the Bill Lockyer Trail Dedication; • Attended the Finance Committee meeting; • Attended the Ecology Committee Meeting; • Attended Dave Collins retirement; • Attended the Native Plant Sale at the Botanic Garden; • Attended the North Richmond Shoreline Festival; • Attending the Niles Canyon Roll & Stroll; • Recognized the District’s Lifeguard Service for 6 full seasons without a drowning;

Director Dotson reported on meetings attended. Director Dotson • Attended the CSDA conference; • Attended the NRPA in Las Vegas; • Attended the Richmond Liaison Committee meeting; • Attended the North Richmond Shoreline Festival.

D. ADJOURNMENT

The meeting was adjourned at 5:50 pm by Board President Dotson.

Respectfully submitted:

/s/ Yolande Barial Knight Clerk of the Board

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21 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Accept the Bid and Award a Contract with American Asphalt Repair and Resurfacing Company, Inc. for Parking Lot Slurry Seal: Redwood Canyon Public Golf Course (Barrington/ O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to accept the bid and execute a contract with American Asphalt Repair and Resurfacing Company, Inc. of Hayward, CA for the purpose of resurfacing the Redwood Canyon Public Golf Course parking lot.

REVENUE/COST

Funds have been included in the District’s 2015 Budget for the purpose of maintaining and preserving the District’s network of asphalt paved roads, regional trails, and parking areas.

SOURCE OF FUNDS: Paved Road and Trails District-wide (520700) $943,692

USE OF FUNDS: Base Bid Proposal Price $ 60,875 Contingency $ 10,000 Total Encumbrance $ 70,875

AMOUNT REMAINING IN ACCOUNT: $ 872,817

BACKGROUND

The Board of Directors and staff are committed to preserving and maintaining the District’s existing infrastructure. An important component of maintaining the District’s infrastructure is

22 the District’s network of paved roads, trails, and parking lots. This project will resurface and stripe the Redwood Canyon Public Golf Course Parking Lot.

The Notice to Bidders was published on August 27, 2015 in the McGraw Hill Construction Plan Room. Five firms attended the Mandatory Bid-Walk and five firms submitted bids on Thursday, September 17, 2015, as follows:

ATTENDEE BASE BID TOTAL

American Asphalt Repair and $ 60,875 Resurfacing, Inc.

VSS International, Inc. $ 70,260

California Pavement Maintenance $ 80,985 Co., Inc.

Bond Blacktop, Inc. $ 83,150

Intermountain Slurry Seal, Inc. $ 119,000

The bid submitted by American Asphalt Repair and Resurfacing Company, Inc. of Hayward, California met the specifications and conditions for the project; therefore, American Asphalt Repair and Resurfacing Inc., is the lowest responsible bidder.

ALTERNATIVES

None are recommended.

23 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 10 -

October 20, 2015

AUTHORIZATION TO ACCEPT THE BID AND AWARD A CONTRACT WITH AMERICAN ASPHALT REPAIR AND RESURFACING COMPANY, INC. FOR PARKING LOT SLURRY SEAL: REDWOOD CANYON PUBLIC GOLF COURSE

WHEREAS, the District has included funding in its 2015 Budget for the purpose of managing, maintaining, and preserving the District’s pavement infrastructure; and

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

WHEREAS, requests for bids for the Redwood Canyon Public Golf Course Parking Lot Slurry Seal were solicited and received from five qualified firms; and

WHEREAS, American Asphalt Repair and Resurfacing Company, Inc., was the lowest responsible bidder.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the acceptance of bid and award of contract to American Asphalt Repair and Resurfacing Company, Inc. of Hayward, California for a total not to exceed $60,875 and contingency of $10,000 from Project Account No. 520700 (Paved Roads and Trails District-wide); 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 20th day of October, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

25 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization for the Purchase and Installation of an Inclined Platform Wheelchair Lift: Environmental Education Center/Tilden Nature Area (Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase and installation of an Inclined Platform Wheelchair Lift from Pacific Lifts Access Elevator of Palo Alto, California at a total cost of $37,000 at the Environmental Education Center (EEC) in Tilden Nature Area (TNA).

REVENUE/COST

Funds are included in the District’s 2015 Budget for the purpose of resolving issues related to universal access.

SOURCE OF FUNDS: Whole Park Access (535602) $ 385,652

USE OF FUNDS: Base Price $ 24,000 Sales Tax 2,280 Freight 770 Installation 9,950 Total Encumbrance $ 37,000

BACKGROUND

The EEC is in the process of upgrading certain display areas. Restoration of a historic relief map depicting early parklands including Tilden and Lake Chabot have already been completed by an outside vendor. This model was originally used as a marketing and information display and

26 represents one of the earliest and most dramatic representations of the East Bay Regional Park District at the time its formation was approved by the voting public. The models intended location is the EEC Tilden Nature Area on the southeast side of the atrium. The new ADA compliant Inclined Platform Wheelchair Lift will be purchased and installed to replace the existing non-compliant lift currently used to take visitors to the ground floor restrooms and educational classroom from the rotunda level; and to accommodate the historic models new desired location.

The District researched and solicited bids for Inclined Platform Wheelchair Lifts and only two bids were received. A third vendor was non-responsive. It was determined that the “Garaventa” model had the best reputation for performance and reliability and was also less costly than other models reviewed. Pacific Lifts Access Elevator is the only “Garaventa” dealer on the West Coast. The new Inclined Platform Wheelchair Lift is available for purchase directly from Pacific Lifts Access Elevator by means of informal bid.

NAME OF BIDDER ITEM BID AMOUNT Pacific Lifts Access Elevator “Garaventa” $ 37,000 Diamond Elevator “Savaria” $ 58,860 McKinley Elevator “Savaria” (non-responsive)

Bid amounts includes tax, freight, state elevator inspection, and first year permit installation.

ALTERNATIVES

None are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 10 -

October 20, 2015

AUTHORIZATION FOR THE PURCHASE AND INSTALLATION OF AN INCLINED PLATFORM WHEELCHAIR LIFT: ENVIRONMENTAL EDUCATION CENTER/ TILDEN NATURE AREA

WHEREAS, the District has included funding in its 2015 Budget for the purposes of resolving issues related to universal access; and

WHEREAS, the District has identified a need to purchase and install an Inclined Platform Wheelchair Lift to replace an existing non-compliant lift currently used to take visitors to the bathroom and educational classroom and to accommodate the historic models new desired location; and

WHEREAS, The District researched and solicited bids for a Inclined Platform Wheelchair Lift and Pacific Lifts Access Elevator of Palo Alto, California is the only “Garaventa” dealer on the West Coast and the lowest responsible bidder based upon completion of a competitive, informal bid process;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase and installation of an Inclined Platform Wheelchair Lift for a total cost of $37,000, with said sum to be encumbered from the 2015 budget, Whole Park Access (535602); and

Moved by Director , seconded by Director , and adopted this 20th day of October, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

29 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Award a Contract for Consulting Services to Consolidated CA to Perform Construction Management Pre-Construction Services for Lake Chabot Campus Modernization Project: Lake Chabot Regional Park (Barton/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the award of a contract to Consolidated CM, Oakland, CA, to perform construction management pre-construction services for the Lake Chabot Campus Modernization Project at Lake Chabot Regional Park (“Project”), in an amount not to exceed $107,502.

REVENUE/COST

This action will encumber $107,502 (CIP No. 152500) for construction management pre- construction services for the Project. This fee covers services required to complete the project and is within the total project budget of $21,560,000.

EXISTING SOURCE OF FUNDS Current Approved Capital Project Budget Reconstruct PS Building Project No. 152500 $ 21,560,000 Encumbrances and Expenditures to Date 1,858,670 Funds Available $ 19,701,330

PROPOSED USE OF FUNDS Construction Management Services Contract with Consolidated CM, Oakland, CA Fee for Scope of Services $ 107,502 Consulting Total $ 107,502

BALANCE REMAINING $ 19,593,828

30 BACKGROUND

On October 7, 2014, by Board Resolution No. 2014-10-253, the Board reviewed and accepted the results of a feasibility study for the reconstruction of the Public Safety Administration Building and Chabot Service Yard at Lake Chabot Regional Park. On January 13, 2015, by Board Resolution No. 2015-1-016, the Board approved a professional services contract with Indigo Architects (Indigo) to provide architectural and site development services, and subsequently approved a contract amendment to include the South County Corporation Yard Equipment/Vehicle Maintenance Shop replacement with the Project on April 7, 2015 by Resolution No. 2015-4-99. The Project will modernize the following facilities:

• Public Safety Headquarters • Lake Chabot Service Yard, relocate and reconstruct 2 buildings: o Shop for park operations o Park office and training room • SCCY Equipment/Vehicle Maintenance Shop

The Project scale is currently in the design and land use entitlement phase. On August 11, 2015, by Board Resolution No. 2015-8-232, the Board found that the project would have a less than significant impact on the environment with implementation project specific mitigation measures, and adopted a Mitigated Negative Declaration pursuant the California Environmental Quality Act (CEQA).

The Project scale requires professional construction management. Staff recommends partnering with a construction management firm specializing in this type of work to ensure construction is completed expeditiously and in compliance with applicable codes and requirements for police and fire essential service facilities. Entering into a consultant contract with a construction management firm in advance of a construction contract award would allow time for the firm’s team to conduct a comprehensive value engineering and constructability review of construction contract documents prior to going out to bid. This advance analysis will help ensure the contract is enforceable in the field and that the project is delivered on time and within budget.

Consolidated CM specializes in construction management for essential service buildings, including police and fire stations. The proposed scope of work for pre-construction management services includes value engineering, constructability review, scheduling, cost estimating and administrative support. The fee for this work is $93,480. Staff recommends including a 15% contingency to cover any expanded level of effort needed during the pre-construction phase. This addition would bring the total contract amount to $107,502. Construction phase construction management would be an optional future scope of work that would be brought back to the Board for authorization prior to the start of construction.

The request for proposals was posted on the Park District website and online plan room. Nine (9) firms submitted proposals on or before the due date of August 14, 2015. After careful review and consideration of these proposals, three (3) of these firms were invited to proceed to the interview phase as listed below:

31 1. Consolidated CM Oakland, California

2. Kitchell Sacramento, California

3. Critical Solutions Walnut Creek, California

The interview panel was comprised of District staff from the Acquisition, Stewardship and Development Division. The panel recommends acceptance of the proposal from the firm Consolidated CM, Oakland, California, due to the qualifications of key project personnel and their demonstrated experience in similar types of projects, clear project understanding and detailed approach; the firm’s capacity to meet the project schedule; and a demonstrated understanding of site condition, regulatory environment and documentation processes.

ALTERNATIVES

No alternatives are recommended.

32 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 10 -

October 20, 2015

AUTHORIZATION TO AWARD A CONTRACT FOR CONSULTING SERVICES TO CONSOLIDATED CM TO PERFORM CONSTRUCTION MANAGEMENT PRE-CONSTRUCTION SERVICES FOR LAKE CHABOT CAMPUS MODERNIZATION PROJECT: LAKE CHABOT REGIONAL PARK

WHEREAS, the East Bay Regional Park District’s provision of services to the public requires adequate staff and support facilities for operations and maintenance, public safety, fire, administration, training, public meeting and other purposes; and

WHEREAS, these facilities must be constructed to meet current codes and safety standards, should be located for maximum staff efficiency, and need to be established and operated with the limited public funds available; and

WHEREAS, on October 7, 2014, by Board Resolution No. 2014-10-253, the Board of Directors directed staff to proceed with reconstructing the Public Safety Administration Building and Chabot Service Yard at Lake Chabot Regional Park and appropriated $21,560,000 into a new capital project account (Project No. 152500); and

WHEREAS, on January 13, 2015, by Board Resolution No. 2015-1-016, the Board of Directors authorized a contract for services with Indigo Architects for architectural and development consulting services and a subsequent amendment on April 7, 2015, by Board Resolution No. 2015-4-99, to include the South County Corporation Yard Equipment/Vehicle Maintenance Shop replacement in the Project scope; and

WHEREAS, the District is in need of professional construction management services to ensure construction is completed expeditiously in compliance with applicable codes and requirements for police and fire essential service facilities; and

WHEREAS, a Request for Proposals was solicited for construction management consulting services for the Lake Chabot Campus Modernization Project; and

WHEREAS, the District received and evaluated written proposals from nine (9) firms, subsequently interviewed three (3) firms and has selected Consolidated CM, Oakland, California, based upon the qualifications of key project personnel and their demonstrated experience with similar types of projects, their project understanding and detailed approach; the firm’s capacity to meet project schedule; and the team’s demonstrated understanding of site conditions and documentation processes; and

33 WHEREAS, pre-construction work to be performed includes value engineering, constructability review, scheduling, cost estimating and administrative support;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract to Consolidated CM, Oakland, California, for consulting services for construction management pre-construction services for the Lake Chabot Campus Modernization Project in an amount not to exceed $107,502 from Project No. 152500; 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 20th day of October, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

35 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Acceptance of Bi-Annual Actuarial Valuation for the East Bay Regional Park District General Employees and Sworn Safety Retirement Plans as of January 1, 2015 (formerly Transamerica) (Spaulding/Zenoni /Auker)

RECOMMENDATION

The General Manager and Board Finance Committee (by unanimous vote) recommends that the Board of Directors accept the 2015 actuarial valuation report and fund the actuarially determined contribution for the East Bay Regional Park District General Employees and Sworn Safety Retirement Plans for 2016 and 2017.

REVENUE/COST

The District’s actuary has determined that an additional 11.5% or $257,000 will be required to fund the East Bay Regional Park District General Employees and Sworn Safety Retirement Plans in 2016 and 2017. The majority of this increase can be attributed to revised actuarial standards that assume longer life expectancy of retirees. These costs will be included in the personnel costs of the 2016 and 2017 base budgets.

Annual Contribution Plan Coding 2016, 2017 EBRPD (Transamerica) 556-4140-000-4813 $ 2,245,000 General Employee (Benefits Fund-Finance-Misc. Pension) EBRPD (Transamerica) 556-4140-000-4812 $ 237,000 Sworn Safety (Benefits Fund-Finance-Sworn Pension)

BACKGROUND

The District provides retirement benefits to employees through several different systems. The focus of this report is the East Bay Regional Park District General Employees and Sworn Safety Retirement Plans, formerly known as “Transamerica Plans.” The District also provides retirement benefits through CalPERS, and has established a trust for retiree medical benefits, called Other Post Employment Benefits (OPEB). The rules related to accounting for retirement benefits have been evolving, with the goal of providing more transparency regarding the true annual cost and unfunded liabilities of these pension-related benefits. The Governmental Accounting Standards

36 Board (GASB) has issued a new requirement (GASB 68), which takes effect for the District in 2015, and substantially changes how we must record and value pension liabilities.

The District utilizes Bartel Associates LLC as its actuarial service provider. An actuarial valuation looks at the current and projected future value of the retirement plan assets based upon key assumptions including the demographics of the active and retired participants and projected income and expenses of the plan over the projected lifetime of the plan participants. One of the goals of an actuarial valuation is to calculate the funding status of the plan and identify the annual contribution required to ensure that sufficient funds are available to pay current and anticipated future pension costs. The District is required to have an actuarial valuation completed every two years. The last actuarial valuation was completed in 2013. Bartel Associates recently completed an updated valuation of the East Bay Regional Park District Sworn Safety and General Employees Retirement Plans which was reviewed in detail with the Board Finance Committee on September 30, 2015.

The East Bay Regional Park District General Employees and Sworn Safety Retirement Plans had a total of 224 participants as of January 1, 2015. The General Employees Retirement Plan had 195 participants (9 active, 7 vested terminations and 179 receiving pensions). The Sworn Safety Retirement Plan had 29 participants with one vested termination and the remaining participants receiving a pension. There are no active employees in this plan.

The 2015 actuarial valuation indicates that the market value of the plans assets increased from $34.8 million to $39.3 million over the past two years. The valuation also reflects a slight increase in the funded status of both the General and Sworn plans since the 2013 actuarial valuation. A summary of the funded status of the plans is provided below.

Funded 2016 2005 2007 2009 2011 2013 2015 Status Projected General 66% 74% 66% 58% 65% 67% 69% Sworn 10% 68% 65% 42% 59% 63% 67%

The progress towards funded status has been slow primarily due to changes in assumptions used in creating the valuations. Since the previous valuation in 2013 there has been a documented improvement in mortality rates, as well as a change to utilize a more conservative discount rate. Both of these changes are now included in the actuarial assumptions. Both plans are projected to reach 80% funded status by 2019 and 90% funded status by the year 2023. When these funding thresholds are reached, the asset allocation will change to utilize more conservative investment strategies. One additional significant figure in the valuation report is the Net Pension Liability of $14.9 million. This represents the amount by which the total pension liability exceeds the pension plan’s net assets available for paying benefits. Beginning in 2015, this liability will be reflected in the District’s Comprehensive Annual Financial Report (CAFR).

The updated actuarial valuation also indicates an increased required annual contribution by the District of $257,000 for 2016 and 2017. This increased cost is due mainly to an increase in the assumed life expectancy of retirees and the period over which pension payments will be paid. The actuary does not anticipate that the District will see cost increases of this magnitude in future years. A comparison of annual contributions in previous years compared to the current valuation

37 is summarized below.

Increase 2010-11 2012-13 2014-15 2016-17 2016-17 General Employee Plan $2,046,000 $2,048,000 $2,003,000 2,245,000 242,000 Sworn Safety Plan $168,000 $186,000 $222,000 $237,000 15,000 Increased Funding Requirement 257,000

The full actuarial report can be found on the District website at: http://www.ebparks.org/Assets/Agendas+Packets+Minutes/2.+Board+of+Directors+- +Committee+Meeting/Board+Finance+Committee/09-30-2015/09-30-2015+- +Finance+Committee+Packet.pdf or by contacting the Clerk of the Board.

ALTERNATIVES

None are recommended.

38 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 10 -

October 20, 2015

ACCEPTANCE OF BI-ANNUAL ACTUARIAL VALUATION FOR THE EAST BAY REGIONAL PARK DISTRICT GENERAL EMPLOYEES AND SWORN SAFETY RETIREMENT PLANS AS OF JANUARY 1, 2015

WHEREAS, Bartel Associates has prepared actuarial valuation analysis for the District’s East Bay Regional Park District “Transamerica” Plans for General and Sworn employees (Plans); and

WHEREAS, the actuarial valuation report for the plan is prepared on a bi-annual basis, and is used to evaluate the funding status, assumptions and projections of the Plans; and

WHEREAS, on September 30, 2015, the Board Finance Committee received an analysis and actuarial report from Bartel Associates and recommended that the Board of Directors accept the valuation results as of January 1, 2015 for the East Bay Regional Park District Sworn Safety and General Employees Retirement Plans;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts the Bi-annual Actuarial Valuation for General Employees and Sworn Safety Retirement Plans as of January 1, 2015 and provides authorization to fund the actuarially determined contribution.

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

Moved by Director, seconded by Director , and adopted this 20th day of October, 2015, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

39 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Approval of Out-of-State Travel for Board Member Whitney Dotson to Attend the 2015 Rising Seas Summit in Boston, Massachusetts on November 3 - 5, 2015 (Barial Knight/Auker)

RECOMMENDATION

It is recommended that the Board of Directors approve out-of-state travel for Board Member Whitney Dotson to attend the 2015 Rising Seas Summit in Boston, Massachusetts on November 3 - 5, 2015.

REVENUE/COST

Funding is available in existing departmental budgets.

BACKGROUND

The 2015 Rising Seas Summit is scheduled for November 3-5, 2015 in Boston, Massachusetts. Rising Seas Summit brings professionals together to highlight the interrelationships between sea level rise, climate change, and extreme events. These emerging and increasing environmental challenges require that stakeholders share knowledge and work together to reduce and mitigate environmental, economic and social degradation induced by climate change.

ALTERNATIVE

No alternatives are recommended.

40 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 10 -

OCTOBER 20, 2015

APPROVAL OF OUT-OF-STATE TRAVEL FOR BOARD MEMBER WHITNEY DOTSON TO ATTEND THE 2015 RISING SEAS SUMMIT IN BOSTON, MASSACHUSETTS ON NOVEMBER 3 - 5, 2015

WHEREAS, the Rising Seas Summit is scheduled for November 3 - 5, 2015 in Boston, MA and;

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

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize Board Member Whitney Dotson to attend the 2015 Rising Seas Summit, November 3-5, 2015 in Boston, Massachusetts; and

Moved by Director , seconded by Director , and adopted this 20th day of October, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

ACQUISITION STEWARDSHIP DEVELOPMENT DIVISION

118 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

a. Lake Chabot Campus Modernization Project Update: Lake Chabot Regional Park (Barton/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors receive the staff update on the Lake Chabot Campus Modernization Project (“Project”), provide feedback and direct staff to continue with the land use entitlement process with Alameda County.

REVENUE/COST

This recommendation is within the scope of already budgeted funds and consultant services for the Project.

BACKGROUND

On October 7, 2014, by Board Resolution No. 2014-10-253, the Board reviewed and accepted the results of a feasibility study for the reconstruction of the Public Safety Administration Building and Chabot Service Yard at Lake Chabot Regional Park. On January 13, 2015, by Board Resolution No. 2015-1-016, the Board approved a professional services contract with Indigo Architects (Indigo) to provide architectural and site development services, and subsequently approved a contract amendment to include the South County Corporation Yard Equipment/Vehicle Maintenance Shop (SCCY Shop) replacement with the Project on April 7, 2015, by Resolution No. 2015-4-99. The Project will modernize the following facilities:

• Public Safety Headquarters • Lake Chabot Service Yard, relocate and reconstruct 2 buildings: o Shop for park operations o Park office and training room • SCCY Shop

The Project is currently in the design and land use entitlement phase. On August 11, 2015, by Board Resolution No. 2015-8-232, the Board found that the project would have a less than significant impact on the environment with implementation project specific mitigation measures,

42 and adopted a Mitigated Negative Declaration pursuant the California Environmental Quality Act (CEQA). At that meeting the Board directed staff to continue to review the feasibility of reducing the height of the SCCY Shop.

Staff revised the roof plan to reduce the height of the building from approximately 37-feet tall to approximately 28-feet tall (~25% height reduction) and on September 14, 2015 presented the Project, including the reduced SCCY Shop building height, to the Castro Valley Municipal Advisory Council (MAC). The MAC is a seven-person advisory council appointed by Supervisor Nate Miley that serves in an advisory role to the Board of Zoning Adjustments in the Alameda County land use entitlement process.

The MAC and Castro Valley residents in attendance expressed concern over visual impacts of the SCCY Shop to private residences. The MAC continued the item and asked District staff to look at alternative onsite locations, including the Nike Classroom area and adjacent “Saddle Area”, as well as off-site locations. Staff is examining site planning options in response to the MAC’s recommendation and will include its findings in the Board presentation.

ALTERNATIVES

No alternatives are recommended.

43 3/24/2015 121 116 FAIRFIELD 80 121 Traffic, Transit, Bicycling, Terrain, Directions 101

VALLEJO NOVATO San Pablo Bay 4 4 80 SAN CONCORD RAFAEL 580 RICHMOND 101

24 WALNUT CREEK BERKELEY N P 0 500 feet

a OAKLAND c 680 i SAN San Francisco Bay f SAN RAMON i ALAMEDA PROJECT c FRANCISCO

SITE

c DALY 580 e CITY 101 880 a HAYWARD n 280 680

PARCEL BOUNDARY APN 084D-1400-002-17

https://www.google.com/maps/@37.7208467,-122.1000437,16z 1/1 BOARD AND STAFF REPORTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

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

City of Pleasanton – Ponderosa Homes

On October 6, 2015, the Pleasanton City Council approved a plan to build 25 single-family homes on a 6.2 acre site adjacent to the Iron Horse Trail. The project site is located at 2410- 3450 Cornerstone Court at the intersection of Busch Road and Valley Avenue. The property was included in a larger Planned Unit Development approved in July 2002 that approved development of a 6-acre church site. A master plan for the church site was approved in September of 2006 to include four buildings totaling 81,410 sq.ft., however, the full development of the church site was never carried out. The current project proposal would eliminate the temporary church uses on the property and develop 25 single-family homes. The proposal would also expand an existing school for enrollment of up to 294 students and develop an approximately 11,000 sq.ft. passive park that would include benches and landscaping that would connect to the Iron Horse Trail.

City of Dublin – Wallis Ranch

On October 6, 2015, the Dublin City Council approved a series of amendments to the Dublin General Plan and the East Dublin Specific Plan to address potential future parkland deficiencies in the Eastern Dublin Specific Plan area. The action amends the approval of the Wallis Ranch project to change 1.9 acres originally zoned as Semi-Public land to Parks/Public Recreation. The 184-acre Wallis Ranch project is located near the northerly City limits west of Tassajara Road and east of Camp Parks. The site is bordered to the east by the Tassajara Ridge Regional Trail. The project was originally approved in 2005 and amended in 2014 to reduce the approved project to 806 single family homes. The additional 1.9 acres of public park land would be an addition to a public park included in the original approval and would include the potential for trail connections from the public park to the Tassajara Ridge Regional Trail.

Event Calendar October – November 2015 Board Meeting Date: October 20, 2015

Date Day Time Event Location Sponsoring Organization 10/24 Saturday 3 – 7 p.m. Old-Timey Hootenanny Sunol EBRPD (note new time this year) 10/24 Saturday 10 a.m. Walk & Talk Coyote Hills Assembly Member Bill Quirk 10/24 Saturday 9:15 a.m. – 12:30 p.m. HPHP Multicultural Martin Luther King EBRPD Wellness Walk for Jr. Veterans 11/21 Saturday Noon – 4:30 p.m. Hazel-Atlas Mine Black Diamond EBRPD Open House Mines 11/27 & Friday & Saturday 11 a.m. & 1:30 p.m. Return of the Monarchs Ardenwood EBRPD 28 11/29 Sunday 10 a.m. – 4:30 p.m. Last day of weekend Black Diamond EBRPD mine tours and Mines Greathouse Visitor Center Season

46 GM COMMENTS

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 20, 2015

C. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Human Resources Analyst Quynh Truong will present on Park District training programs, and highlight new and popular training workshops.

GM COMMENTS

OPERATIONS DIVISION Interpretive and Recreation Services Department Northwest Region Crab Cove: On September 27, staff hosted this year’s first Spanish-language nature program, Serpientes y Tortugas (Snakes and Turtles), for 16 participants.

Mobile Education: On September 19, teachers from 10 elementary schools (5 each from Alameda and Contra Costa counties) met at Crown Beach to kick-off the launch of the counties’ Fish Friend Clubs.

Outdoor Recreation: Staff collaborated with naturalist staff to provide Outdoor Movie Nights at Ardenwood on August 22, and the Tilden Nature Area on September 26. Each event hosted approximately 75 participants.

Tilden Nature Area: On September 20, staff and volunteers hosted the Little Farm’s 60th Birthday Party, where approximately 500 visitors viewed the restored historic windmill. The Kiwanis Club of Berkeley presented a $2,000.00 contribution toward the windmill restoration project.

Southeast Region Ardenwood: On Labor Day weekend, the 15th Annual Washington Township Railroad Fair hosted over 6,550 visitors who experienced a variety of train displays and activities.

Big Break: On September 19 and 20, staff led 7 participants on the Kayak Camping - Big Break to Brannan Island program, with the support of Outdoor Recreation.

Sunol: On August 17, staff led a collaborative recreation and interpretive kayak trip for 10 docents and volunteers on Lake Del Valle. Naturalist staff presented updates on water conditions, effects of the drought, local history, and natural history.

47 Community Outreach Outreach programs for participants of the Foundation for Youth Investment’s Outdoor Educators Institute (OEI) included bat monitoring and a night hike in Black Diamond Mines Regional Preserve, conservation and team building skills at Redwood and Roberts Regional Parks, and a bike ride from Quarry Lakes to Coyote Hills.

Cultural Resources On August 17, staff presented the Ohlone Curriculum with Bay Miwok Content and Introduction to Delta Yokuts to the State Department of Education American Indian Education Oversight Committee.

On September 17, a follow-up discussion about the curriculum was provided for State Superintendent of Public Schools Tom Torlakson and 17 planning team members from the California Indian Curriculum Summit.

Park Operations Department

Recreation Areas Contra Loma: On September 19, staff hosted approximately 600 participants at the 6th Annual Drag- N-Fly Half Marathon / 10K / 5K Race.

Shoreline: On September 19, the Annual Coastal Cleanup Day was held. Volunteer attendance was 471 at Crown Beach, 75 at Hayward Shoreline, 75 at Martin Luther King Jr. Shoreline, 389 at Point Isabel, 73 at McLaughlin Eastshore State Park, 300 at the Albany section, 600 at the Brick Yard section, 77 at Point Pinole, and 260 at Martinez for a grand total of 2,320 volunteers. An estimated 2,700 pounds of trash and 160 pounds of recycling were removed from the shoreline and interior marsh areas.

Hayward Shoreline: The Roads & Trails crew completed emergency levee repairs in two critical areas along the outer Bay Trail levee of Hayward Marsh. Work was completed in time for the renaming, of this segment of the trail, as the Bill Lockyer San Francisco Bay Trail.

Miller/Knox: On August 29, approximately 300 participants attended the 3rd Annual Walk to Nature event at Keller Beach. Youth Enrichment Services of Richmond partnered with the District and many community organizations to host the event which encourages healthy, active lifestyle choices among local youth.

Interpretive Parklands Garin: On September 12, the annual Garin Apple Festival was attended by approximately 1,616 people. Staff secured ten different varieties of organic apples from orchards in Sonoma County to replace the apples that were stolen from the Garin orchard.

Parkland Multiple Parks: From September 1 through 7, the annual Six-Day Trail Ride & Hike took place. The group of approximately 100 participants camped, rode, and hiked from Tilden through Wildcat, Sibley/Huckleberry, Roberts, Redwood, and ended at Anthony Chabot.

48 Redwood: On September 20, the park hosted the District-sponsored Art in Nature event. An estimated 2,000 people were in attendance. Event goers experienced interactive art exhibits, live music, dancers, singers, and other performance artists.

Maintenance & Skilled Trades Department

Contract/Encroachment Redwood Canyon Golf Course: The asset preservation and renovation work continued. The following is a list of the completed, partially completed, and in-progress projects.

Completed: • The exterior of the building and mansard roof received dry rot repair, exterior paint, and installation of heavy-profile architectural shingles. • The main water line was repaired. • The walk-in refrigerator and freezer units were replaced and mold damage was remediated. • The detached sheds were beyond repair and were demolished.

Partially completed/In progress • Extensive electrical repairs have been made, while lighting and other energy efficiency retrofits are scheduled for December. • HVAC and roofing contract work is in process for the main building. Work is scheduled to be completed by mid-October. • Reconstruction of the rear entrance to the main building including a new concrete pathway and awning and replacement of the exterior shade structures over the restrooms and pro shop are in process.

Fleet During the months of August and September, the Equipment Shop staff put several new pieces of equipment into service, and several more are in various stages of setup. The second of three Type VI fire engines were put into service, with the third engine in the last stages of set-up.

The majority of Type III fire engines and water tenders were sent to Alameda County Fire for pump repairs and/or pump overhauls, in order to remedy performance deficiencies discovered during pump testing at the beginning of the year.

Due to manufacture recalls, a variety of vehicles and equipment have been removed from service and taken to local dealers to have recall work performed. This has resulted in vehicle downtime for affected parks ranging from one to several days in duration. During this time staff are provided with loaner vehicles, if available, or use their personal vehicles.

49 NEWSCLIPS

Multiple agencies cooperate to rescue hiker

By Joelle Burnette Published: October 11, 2015, 6:53 am

CONTRA COSTA CO. (BCN) — Multiple agencies cooperated to rescue a hiker suffering from a medical emergency in Round Valley Regional Preserve Friday, according to officials with the Contra Costa County Fire Protection District.

A Contra Costa County sheriff’s helicopter responded at 12:11 p.m. to a remote trail near the Los Vaqueros Reservoir and Watershed in unincorporated Contra Costa County, fire officials said.

Two Cal Fire fire engines located the hiker via a fire road and coordinated the helicopter’s response, as the road was too steep for a ground ambulance, according to fire officials.

The helicopter deployed a tactical flight officer and paramedic who assessed the hiker’s condition while the helicopter hovered close to the ground, fire officials said. The crew determined a short haul rescue was the best way to get the hiker to safety, according to fire officials.

Rescuers secured the hiker in a rescue litter and transported the victim to an ambulance near the park’s entrance, fire officials said.

Paramedics took the hiker to Sutter Delta Medical Center for treatment, according to fire officials.

Employees of the Contra Costa Water District also helped with the rescue, fire officials said.

East Bay's Park It: Autumn parade of activities on tap

By Ned MacKay Columnist POSTED: 10/11/2015

The autumn parade of outdoor activities continues in the East Bay Regional Parks, with lots of adventures from which to choose.

High on the list would be the Old-Timey Hootenanny from 3 to 7 p.m. on Saturday, Oct. 24, at Sunol Regional Wilderness in southern Alameda County. The event celebrates Sunol's cowboy and ranching heritage with square dancing and bluegrass music. Featured performers will be square-dance caller Andy Wilson and his band, Haywire, and banjo virtuoso Gordy Ohliger. You don't have to know how to square dance; instruction will be provided. Barbecue dinners and snacks, including vegetarian options, will be available for purchase. So bring your family and a blanket to sit on, and enjoy the fun. Sunol Regional Wilderness is located on Geary Road off Calaveras Road, about five miles south of Interstate 680. The hootenanny is free; Sunol has a parking fee of $5 per vehicle. For information, call 510-544-3249. ARDENWOOD: Meanwhile at Ardenwood Historic Farm in Fremont, the annual Halloween Train will soon be in session. It's scheduled to run from 7 to 9:30 p.m. on Fridays, Oct. 16 and 23; Saturdays, Oct. 17 and 24; and from 7 to 9 p.m. on Sundays, Oct. 18 and 25. This is a mildly frightening ride through woods and fields. No worries -- it's more entertaining than scary, designed for families with children ages 12 and under.

51 Ardenwood is located at 34600 Ardenwood Blvd. Fee is $7 for adults, $5 for children ages 3 through 12. For information and reservations for groups of 10 or more, call 866-417-7277. COYOTE HILLS: Nearby at Coyote Hills Regional Park, if you were inspired by the Stone Age Olympics a couple of weeks ago, you might enjoy a basic flint-knapping class led by naturalist Dino Labiste.

It's from 10 a.m. to 3 p.m. on Saturday, Oct. 24, and you must be 16 years or older to participate. Dino will show how to transform an obsidian stone into a functional tool such as a microblade or arrowhead. You'll learn about prehistoric tools such as hammer stones, and use modern materials like copper pressure flakers.

The class is free, but registration is required. For registration and information, call 888-327-2757. Select option two and refer to program number 10412.

CRAB COVE: Crab Cove Visitor Center in Alameda continues its Family Nature Fun series with a program about owls from 2 to 3 p.m. on Oct. 17 and 18. The naturalists call owls "flying mouse traps." You'll learn about how they can fly silently, and you can dissect an owl pellet to find out what they eat.

Crab Cove is at 1252 McKay Ave. off Alameda's Central Avenue.

TILDEN PARK: The weekend schedule will be full at Tilden Nature Area near Berkeley. For starters, you and your kids ages 5 and up can get sticky making jam with naturalist James W. Wilson and park staff. The jamming is from 2 to 3:30 p.m. on Oct. 17.

Silence will be golden during a leisurely walk through the woods from 10 to 11:30 a.m. on Oct. 18, led by naturalist Anthony Fisher. No talking, please; the idea is to enjoy the sights and sounds of nature.

Anthony will lead an easy stroll in search of wood rats from 1 to 2:30 p.m. Oct. 18. Wood rats forage in the trees by night and sleep in their nests by day.

All the programs meet at Tilden's Environmental Education Center, which is at the north end of Central Park Drive. For information, call 510-544-2233.

REDWOOD REGIONAL PARK: Fall colors tend to be a bit muted in the East Bay, but a good place to see them is Redwood Regional Park in Oakland. 52 Park District naturalists will lead a Sunday Stroll there from 10 a.m. to noon on Oct. 18. This one's a hilly trek through redwoods and other trees.

Meet at the park's Skyline Gate, which is on Skyline Boulevard a bit south of Pinehurst Road in Oakland.

Redwood also will be the venue for a walk in the Hikes for Tykes series, from 10:30 to 11:30 a.m. on Oct. 20. It's an easy walk of about a mile, with nature discoveries along the way, designed for parents and their young children. Bring a snack; strollers are not recommended.

Meet at Redwood's Canyon Meadow staging area, which is at the end of the road leading into the park from Redwood Road, about two miles east of Skyline Boulevard.

For information on either the fall color or tyke hike, call 510-544-3187.

BIG BREAK: Delta Adventures are on the schedule at Big Break Regional Shoreline in Oakley. The interpreters will lead a search for the unique plants, animals and other curiosities of the Delta environment. It's from 2 to 3 p.m. on Oct. 18.

Big Break is at 69 Big Break Road off Main Street. For information, call 888- 327-2757, ext. 3050.

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

Concord city attorney's death leaves weapons station project in limbo

By Lisa P. White [email protected] POSTED: 10/09/2015

CONCORD -- City Attorney Mark Coon's sudden death earlier this week has left the Concord Naval Weapons Station project in limbo, as the city on Thursday called off a meeting to discuss the selection of a lead developer.

Coon died Tuesday morning after he apparently jumped from the third floor of a downtown Walnut Creek parking garage. At the time of his death, Coon was writing a report on an investigation into whether one of the two firms competing to lead development of the former military base improperly lobbied the City Council.

It is unclear if Coon finished the report or when the city plans to release his findings. "The recent death of City Attorney Mark Coon and his upcoming funeral have prompted this postponement. The length of the postponement is not currently known. The City will announce and notice the hearing once it is rescheduled," the city said in a statement.

It is the second time Concord has canceled the council's discussion about choosing Catellus Development Corp. or Lennar Urban as the master developer for the first phase of the multimillion-dollar base reuse project. Originally scheduled for late last month, the city postponed the meeting until Oct. 15 to investigate Catellus' allegations that Lennar and its associates, including former San Francisco Mayor Willie Brown, violated the negotiating agreement both firms signed in May.

All five council members have said Lennar did not lobby them. However, Mayor Tim Grayson returned $16,800 in contributions to his Assembly campaign made by companies or individuals associated with the company. Grayson also sought political advice from Brown, a principal at an investment fund that does business with Lennar.

54 Adopted in 2012, the Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base. The Navy is expected to begin transferring property early next year -- about 1,400 acres to the city of Concord and 2,700 acres to the East Bay Regional Park District.

Coon's death stunned friends and former colleagues who are struggling to understand why a man whom they describe as friendly, kind and devoted to his family decided to take his own life. Although several people acknowledged that Coon's job was incredibly stressful, they don't believe that was enough to drive him to consider suicide.

Coon was married and had two school-age children. His funeral Mass is at 11 a.m. Monday at St. Perpetua Catholic Church in Lafayette, 3454 Hamlin Road.

Kevin Wong met Coon about eight years ago when their sons started kindergarten at Parkmead Elementary School in Walnut Creek. The two families were close, Wong said, sharing dinners and backyard cookouts and vacationing together at Lake Tahoe. Coon enjoyed fine dining and swimming, but he devoted most of his free time to his children, Wong said.

"He was really into his kids, which was why this was so surprising and it's so incredulous to me how it all ended," Wong said.

Albany City Attorney Craig Labadie hired Coon in 2002 as deputy city attorney in Concord and promoted him twice. Coon replaced Labadie as city attorney in 2012.

"I was stunned and saddened to learn of Mark's untimely passing and have struggled to comprehend this tragedy. He was a skilled attorney and a good friend," Labadie said in an email. "Mark was a kind, compassionate person who cared deeply about the people around him and the community he served. My heart goes out to his family, friends and professional colleagues. He will be deeply missed."

For the four years Dan Keen was Concord city manager, his office was down the hall from Coon's. The pair bonded over their alma mater UCLA and talked about balancing the rigors of their jobs with raising children.

In addition to being upbeat and a consummate professional, Coon had strong ethics and always abided by the law, even if that meant bucking a council member, Keen said. 55 "He was a guy who was a straight shooter who was not going to modify his opinion to satisfy an elected official's desire to do something," said Keen, now city manager of Vallejo.

Even in hindsight, Coon's behavior in his final days wasn't unusual, friends say. Michael Wright, who had known Coon for a decade, said the two commiserated Monday afternoon about the UCLA football team's poor weekend performance before a two-hour meeting during which staff discussed the investigation into Catellus' claims about Lennar.

Wright didn't see Coon Tuesday morning, but they traded emails from about 7:45 to 8:15 a.m., he said. Coon also left Wright a voice mail about the report he was writing about Lennar's activities, he added.

"A lot of attorneys, their mission in life is to tell you 'no' and Mark was the kind of guy who was always trying to figure out how to say 'yes,' " said Wright, former executive director of the local reuse authority. "I had a great working relationship with him and I'm just really sad that he felt that this was the solution. He'll be missed."

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

San Ramon: Sierra Club pursues last-ditch effort to block 740-home development By Dan Lawton [email protected]

POSTED: 10/09/2015 SAN RAMON -- An environmental group has asked the city to hold off issuing permits for a 740-home residential development while a state water board mulls whether to derail the project over environmental concerns.

In a letter sent on Monday to the City Council, an attorney for the Sierra Club asked the city to halt issuing permits for grading on the Faria Development, which, according to the letter, could "permanently harm the wetland and riparian resources the Sierra Club's petition intends to protect." The request is part of a last-ditch effort by the environmental group to block the project, which has been in the works for about a decade and was approved by the City Council in 2014. The 450-acre parcel earmarked for development is located near Interstate 680 north of Crow Canyon Road and east of Bollinger Canyon Road. Jim Gibbons, a member of the executive council of the Sierra Club's Mount Diablo chapter, said that if grading begins, hundreds of trees could be removed, destabilizing the area during the upcoming rainy season. According to Gibbons, the State Water Resources Control Board would likely rule on the group's petition for a stay within a week and their appeal by mid- November. Gibbons said that the project has numerous environmental shortcomings, including chopping down ridgelines and filling in waterways. "We're just going through the process of trying to get someone to listen to us that this is a bad project and a hazardous project, but nobody seems to care," Gibbons said.

57 San Ramon City Attorney Robert Saxe said the city had only issued one permit to the developer, which wouldn't be for the major grading.

Saxe said to his knowledge there were no other permits pending.

He said that a state law and city ordinance already prohibits substantial grading work during the winter when rain is more frequent.

According to Saxe, the city had not been notified by the water board or any other agency of an impending stay.

The Faria Preserve project drew the ire of neighbors and environmental groups, but was approved in the fall of 2014 after the developer, Lafferty Communities, agreed to contribute $1 million to the city's open space fund.

Contact Dan Lawton at 408-921-8695. Follow him at Twitter.com/dlawton.

Hayward: Authorities ID Fremont cyclist found dead in park

By Chris De Benedetti [email protected]

POSTED: 10/08/2015: 4 DAYS AGO

HAYWARD -- A Fremont cyclist found dead Wednesday in a Hayward hills park has been identified. George Phillip Kramm, 51, was the man that search-and-rescue crews found in Dry Creek Pioneer Regional Park, according to an Alameda County Coroner's Bureau spokesman. Kramm didn't return home after setting out for a ride Tuesday evening in the park on Garin Avenue, above Mission Boulevard and near the Hayward-Union City border. The cyclist was last seen at 5:30 p.m. Tuesday, when he left for a mountain bike ride, an East Bay Regional Park District spokeswoman said. His wife reported him missing about 10:15 p.m., when he didn't return home, spokeswoman Carolyn Jones said. Search crews from park police and the Alameda County Sheriff's Office found him at 8 a.m. Wednesday, about 150 feet down a hillside, off the single-track High Ridge Loop Trail, Jones said. His car, a Prius, was found in the staging area at the park. Foul play is not suspected in Kramm's death, authorities said. Authorities said they are trying to figure out the cause of death. He was scheduled to be examined on Thursday, according to the Coroner's Bureau.

Contact Chris De Benedetti at 925-482-7958. Follow him at Twitter.com/cdebenedetti

ARDENWOOD HARVEST FESTIVAL - Park It column

Posted: Thursday, October 8, 2015 12:00 am By Ned McKay

Autumn is an active time in the East Bay Regional Parks. The cooler weather makes for pleasant hiking and riding, and the park district naturalists schedule lots of programs highlighting seasonal beauties.

For instance, visitors can enjoy a cornucopia of autumnal activities during the annual harvest festival at Ardenwood Historic Farm in Fremont, set for 10 a.m. to 5 p.m. on both Saturday and Sunday, Oct. 10 and 11.

Visitors can walk through a five-acre field looking for Indian corn and popcorn and take home a share of what they can harvest (bring own bag). Other attractions will include magic shows, cider pressing, old-time music and historic craft demonstrations.

Ardenwood’s train will be on track, the pumpkin patch will be open, and docents will lead tours of the park’s historic Patterson House.

Ardenwood recreates life on a 19th century farming estate. It’s located at 34600 Ardenwood Boulevard, just north of Highway 84. Fee for the harvest festival is $10 for adults, $8 for seniors 62 and older, $6 for children ages 4 through 17, and free for kids aged 3 and under. Parking is free. For information, call 510-544-2797.

There’s a special autumnal activity on Oct. 10 and 11 at Sunol Regional Wilderness, too. It’s a tarantula open house.

As I’ve mentioned in previous columns, this is the mating season for those big, hairy spiders. So any time from 1 to 3 p.m. this weekend, you can drop by Sunol’s Old Green Barn Visitor Center to meet the tarantula-in-residence. Tarantulas are interesting animals, and actually quite harmless. This is also 60 a chance to learn about local autumn leaves and view the seasonal changes in the park.

Sunol Regional Wilderness is at the end of Geary Road off Calaveras Road about five miles south of I-680 near the town of Sunol. There’s a parking fee of $5 per vehicle. For information, call 510-544-3249.

Family Fun Hour is a series of free programs from 2 to 3 p.m. every Saturday and Sunday at Coyote Hills Regional Park in Fremont, designed for children ages five and older with their parents participating. The programs feature stories and games for the entire family. Meet at the visitor center.

Bird migration will be the topic on Saturday, Oct. 10, and the nectar garden will be featured on Oct. 11.

Coyote Hills is at 8000 Patterson Ranch Road off Paseo Padre Parkway. There’s a parking fee of $5 per vehicle.

At Crab Cove Visitor Center in Alameda, jellyfish will be the stars of family nature fun hour from 2 to 3 p.m. on Saturday and Sunday, Oct. 10 and 11. After the program you can watch the staff feed the fish in Crab Cove’s aquarium from 3 to 3:30 p.m.

Crab Cove is at 1252 McKay Ave. For information call 510-544-3187.

Turtles and snakes are on the agenda this weekend at the Environmental Education Center in Tilden Nature Area near Berkeley. The turtle talk is from 11 a.m. to noon on Saturday, Oct. 10, led by interpretive student aide Alec Bolivar, and you can meet the center’s eastern box turtle.

Naturalist Anthony Fisher will display some snakes and impart some snake lore from 1 to 2 p.m. on Sunday, Oct. 11.

The center is at the north end of Tilden’s Central Park Drive. For information, call 510-544-2233.

61 Bird watching is an enjoyable hobby, and park district naturalists lead lots of bird walks for all levels of expertise.

For instance naturalist Anthony Fisher leads a free bird walk from 9 to 11 a.m. every Monday in a regional park. On Oct. 12 there’s a walk at Miller- Knox Regional Shoreline in Point Richmond. Meet at the first parking lot on the right after the tunnel. Call 510-544-2233 for information.

There’s another bird walk from 7:30 to 9:30 a.m. on Tuesday, Oct. 13 at Garin Regional Park in Hayward, for ages 12 and older. Meet at the Garin Barn Visitor Center at the end of Garin Avenue. For that one, call 510-544- 2750.

With the help of park visitors, naturalist Mike Moran has been documenting the bird population in eastern Contra Costa for many years. No experience is necessary, Mike will teach you how to identify the birds of prey he’s counting. Mike’s next safari is from 9 to 11:30 a.m. Thursday, Oct. 29 on the Marsh Creek Regional Trail in Brentwood.

It’s free of charge. However, registration is required. Call 888-327-2757, select option 2 and refer to program 10841.

EBRPD Hires Police Captain

Posted: Thursday, October 8, 2015 12:00 am

The East Bay Regional Park District has hired a veteran leader in Bay Area law enforcement to serve as captain of its Police Department.

Capt. Anthony “Tony” Ciaburro, 49, started Sept. 21 at the Park District, where he oversees Patrol Operations throughout all 65 regional parks, the Investigations Unit and the Volunteer Safety Patrol Unit. He also serves as the liaison with the Park District’s unit managers, working on rules, enforcement and events within the District.

Capt. Ciaburro began his career in law enforcement in 1989 as an officer with the San Jose Police Department. He worked on narcotics, robberies, internal affairs and on the SWAT team. As a lieutenant, he ran Santa Clara County’s regional auto theft task force and oversaw investigations. Working his way up to captain, Ciaburro commanded the Central Division, overseeing 125 police officers. He emphasized community policing, foot patrols and community outreach, earning widespread respect among business leaders, residents and his staff.

Antioch: Proposed large housing development faces stiff opposition

By Rowena Coetsee [email protected] POSTED: 10/08/2015 09:49:21 AM

ANTIOCH -- Whether a developer will overhaul its plans to build one of Antioch's largest housing developments ever is in question after its presentation to the city's planning commission Wednesday.

Richland Communities encountered stiff opposition to the project that it pitched for the first time publicly, both from some of the commissioners as well as dozens of residents. Known as The Ranch, the proposal would bring 1,667 more homes and roughly 5,000 people to southern Antioch. More specifically, the development involves nearly 551 acres between Deer Valley and Empire Mine roads just north of Roddy Ranch, where Richland also plans to create five parks, a recreation center, fire station, and trails that will connect with Black Diamond Mines Regional Preserve. Forrest Ebbs, the city's community development director, emphasized that the project is in its earliest stages. "At this point it's a concept," he said before the meeting. But the sheer size of that concept worries area residents. Others criticized the developer for seeking approval of a project that Ebbs called "highly inconsistent" with the city's General Plan, a document that guides decisions on what type of development and how much should go where. Although Antioch's plan limits minimum lot sizes to 7,000 square feet with the exception of senior housing and parcels on a golf course, some of the lots that Richland is proposing are 2,500 square feet even though they don't fall into either of these two categories.

64 A related sticking point is the developer's desire to build homes instead of the golf course that the General Plan calls for -- and more of them than anywhere else in the project area -- which would result in a significantly higher housing density than allowed, Ebbs said. "We know that there's a discrepancy (with the General Plan)," said Richland's Bay Area director Aaron Ross-Swain, who acknowledged that the company would need the city to amend the plan to build the development as envisioned.

Resident Erwin Mendoza doesn't want the project -- period.

His biggest concern is the additional traffic the homes will generate."(The) commute is already bumper to bumper on Vasco Road," Mendoza said before the meeting.

Similarly, he would like his two nieces to be able to attend Dozier-Libbey Medical High School, but said they're currently on a waiting list because there's no space.

Other opponents cited the city's chronic shortage of police officers and the additional crime that goes hand-in-hand with an uptick in the population. Some argued that building more homes would depress real estate values further, resulting in more Section 8 housing as landlords snap up the bargain investments.

If Richland decides to revise its project to conform with the General Plan, the company either would have to present that new version to the planning commission at a second preliminary hearing or submit a formal application for the project's approval to the city's planning department, a process that Ebbs said could take the better part of a year. Planning commissioners then would recommend that the City Council approve or reject the proposal.

In addition to The Ranch, there are 1,008 other not-yet-approved homes in the pipeline; 1,564 additional ones had received building permits as of Sept. 30. Of those, all but 65 have been built.

Contact Rowena Coetsee at 925-779-7141. Follow her at Twitter.com/RowenaCoetsee.

Albany Bulb transition plan presented to council

By Damin Esper Correspondent POSTED: 10/07/2015 03:27:55 PM PDT1 COMMENT | UPDATED: 5 DAYS AGO

ALBANY -- A draft transition plan for the Albany Bulb was presented to the City Council on Oct. 6, part of the ongoing process to transfer the property to the East Bay Regional Park District and make it part of the Sylvia McLaughlin Eastshore State Park. However, there was some confusion -- at least for some members of the public -- about the scope of the transition plan.

The Albany Neck and Bulb Transition Improvement Plan is being compiled by consultant firm Wallace Roberts & Todd and funded by a grant from the California Coastal Conservancy. The draft presented at the council meeting includes plans for walking trails, bike paths, shoreline stabilization, two dike breaches and the creation of several vista points. Proposals also included possible picnic areas and what to do about artwork left behind by artists and former residents of the Bulb. And the plan, of course, also included a discussion of dogs. No cost estimates were included, although Stephen Hammond of WRT said those will be included in the final draft, expected early next year. However, multiple speakers expressed surprise at the detail of the plans. "What I see is somebody got it into their head that the city of Albany is designing a park," said Norman La Force of the local chapter of the Sierra Club. He went on to note that EBRPD has its own planners and designers and that the city shouldn't raise the expectations of its residents. "There's lots of problems with what has been proposed," La Force said. "It's unfortunate the planners went way beyond what you hired them to do."

66 Robert Cheasty of Citizens for East Shore Parks added that the district, "won't accept a park design that will be too costly to maintain."

Several other speakers echoed those comments, asking why the city didn't just ask the EBRPD for a checklist of what items needed to be cleaned up to turn the land over.

However, EBRPD Interagency Planning Manager Larry Tong was at the meeting and he said the process is for the city to propose a plan and for the district to offer comments through the process.

"We are looking for the city's proposal," Tong said. "The city is definitely in the lead. We are participating in partnership with them, providing them with our comments and input, primarily on the technical advisory committee level regarding the various land-use issues."

He added that "We have provided them with a number of comments and will continue to. But again, it's comments to the city. There's no magic checklist."

Tong said the end of the process comes when the park district and the state make a decision about whether to take over the land. The district would operate the land for the state's Department of Parks and Recreation.

The subject of whether to allow dogs dominated public comment.

Wildlife supporters, including a member of the Golden Gate Audubon Society, expressed concerns that dogs will attack birds and destroy habitat.

Dog supporters worried that they will lose what they believe is a perfect area to let their pets run free.

Council members said they would like to see some compromises.

Piedmonter/Montclarion letters: 10/0702015

What parks district is doing about algae

This is in response to a recent letter about algae at Lake Temescal. Far from giving up on Lake Temescal, our district has made the health of Lake Temescal a priority since toxic blue-green algae was first detected there in 2014.

Our staff monitors and tests water samples from the lake at least weekly and continually researches treatment plans. Since 2014, we've treated the lake and creek areas seven times with Pac-27, an algicide, which has greatly reduced the algae but unfortunately not eliminated it.

We considered treating the algae with alum, but ruled it out because of its uncertain effectiveness. Dredging has proved effective at removing algae blooms, and we plan to dredge the lake's inlets in the coming weeks.

We've currently set aside money to purchase an aeration system, which would increase the water circulation at Lake Temescal, improve the overall water quality and ideally reduce algae blooms in the future.

Toxic algae blooms are occurring at lakes and rivers throughout the United States, including the Russian River and the Great Lakes, and we are not alone in trying to tackle this problem. We apologize to the public for this inconvenience, and we're deeply grateful for the public's support and patience as we address this issue.

We're hopeful that this beautiful and well-loved lake will reopen soon. Please see our website, www.ebparks.org, for regular updates.

John Sutter Ward 2 director, East Bay Regional Park District Board

Environmental problems may shoot down Chabot Gun Club

By Chip Johnson

September 28, 2015 Updated: September 28, 2015 9:19pm

Photo: Tom Stienstra

Anthony Chabot Regional Park

The rising cost of adhering to tougher environmental regulations may soon force the shutdown of the privately run Chabot Gun Club, which has operated in Anthony Chabot Regional Park for half a century.

A draft report presented by park staff to the East Bay Regional Park District’s Board of Directors last week said the cost of maintaining the shooting range could make it too expensive to renew the club’s lease once it expires on Dec. 31. The park system gets about $40,000 a year from the lease, and the gun club pays an equal amount into a maintenance fund.

69 But a storm drain requirement that became state law this year could pull the trigger on the shooting range. It would require the club to install filters in the storm drains at a cost of $265,000, with annual maintenance costs of around $10,000. Lead abatement — removing bullets fired into the hillside that leach into groundwater — could cost as much as $1.6 million, with annual cleanups about 10 percent of that cost.

If the gun club can’t pay those bills, the taxpayers would have to.

“If we keep the gun range open, there is going to be a lot of expenses we’ve not had in the past,” said John Sutter, a park board member. “Capital costs, increased lead abatement, noise (reduction), maintaining infrastructure — and an environmental impact report. When you add it all up, our expenses would exceed $3 million — and that’s a median price.”

Sutter said it’s too expensive for a single program — and that park officials have shut down popular recreational activities in the past when they have become too costly to maintain.

The park district has canceled a motocross hill-climb competition in Chabot Park, closed the water slide at Shadow Cliffs Regional Recreation Area in Pleasanton, and put the wildly popular children’s pony rides at Berkeley’s Tilden Park back in the barn after manure was found in the watershed.

Plus, the gun club has lost money over the past three years, though it attracts about 44,000 people a year. That may sound like a lot, but it’s less than half of 1 percent of the nearly 20 million people who visit the huge park system’s 120,000 acres.

If those aren’t enough reasons to give the board cause for pause when it ponders the future of the gun range, at its meeting on Oct. 20, there is the larger question about the appropriateness of letting a gun range operate in a public park at all.

Hikers and neighbors have long complained about the noise from pistols, rifles and shotguns — and the park is required to have a buffer zone around the range to ensure the safety of others using nearby park facilities. 70 One long-term idea the district is exploring if the gun range were to close is to extend the boundaries of the Chabot campgrounds, which sit adjacent to the gun range. But cleanup costs — which would be required before the land could be repurposed — could be $4 million, Sutter said.

A decision on the gun range’s future could be made as early as next month, when the final report is submitted to the seven-member Board of Directors.

Former park ranger and longtime environmental activist Peter Volin, who raised the issue of the gun club last year, said that, in essence, the gun club has become obsolete in its current location.

“I guess the bottom line is they put it in the wrong place 51 years ago,” Volin said Monday. “No one anticipated all the problems with the lead.” He called the range a holdover from an earlier era, when “people smoked in hospital rooms and no one wore a seat belt.”

As much as I enjoyed the day I spent at the Chabot Gun Club in February 2014, I know the gun range no longer fits with the district’s mission to taxpayers. Even gun enthusiasts should see that its impact on park environs, neighborhoods and park users mean the gun club has become more of a liability than an asset.

Chip Johnson is a San Francisco Chronicle columnist. His column runs on Tuesday and Friday. E-mail: [email protected] Twitter: @chjohnson

Prioritizing water quality and biodiversity in the EBMUD Watershed Master Plan

September 16, 2015

Photo courtesy EBMUD.

Not everyone knows that the East Bay Muncipal Water District (EBMUD) manages watersheds — and the recreation that goes on there — as well as serving up drinking water and treating sewage. In addition to the District’s primary source of drinking water on the Mokelumne River, it maintains five terminal storage reservoirs in the East Bay, including Chabot, Upper San Leandro, San Pablo, Lafayette, and Briones.

EBMUD is currently reviewing and updating its Watershed Master Plan, a process it is required to undergo every 20 years. There are a number of critical issues the District will need to address in this review, including climate change, habitat conservation, water quality, and fire prevention. In terms of changes to recreational use, mountain biking advocates have called for opening up EBMUD watershed lands to their uses. EBMUD Director Marguerite Young — whom the Sierra Club endorsed when she ran for the office in 2014 — is leading the process to reconsider the long-standing policy against allowing mountain bikes on District watershed lands in the East Bay. Currently, EBMUD only allows hikers and equestrians on watershed lands with a trail permit.

EBMUD’s primary goals are to protect water quality and biodiversity and to keep the most protective status for watershed lands. The current policy on mountain biking has succeeded in fulfilling the District’s important public trust. So why mess with a system in balance? Mountain bikers can already bike on over 1,000 miles of trails in adjacent East Bay Regional Park District (EBRPD) lands. Certain wild places like watershed lands should be 72 preserved in their most pristine state as sanctuaries for natural ecological processes and adaptations that protect significant plant and animal communities.

When the District last revised its Watershed Master Plan in 1995, a Citizens Advisory Committee studied the issue of whether to allow mountain bike access. The Committee concluded that in order to protect water quality and biodiversity it was wise to continue the ban on mountain bikes (a position the Sierra Club supported then as now), and in 1996 the EBMUD Board voted to accept the Committee’s recommendation. In watershed lands, mountain bikes are only allowed on a set of trails around the Lafayette Reservoir — which has a paved trail to prevent erosion — and on certain paved areas of San Pablo Reservoir Recreation Area. This policy protects the pristine watershed lands while allowing some access to bikers in areas that are less sensitive and have already been developed.

On August 20th, the District held a well-attended public hearing at which Sierra Club spokesperson Norman LaForce expressed concern that fast- moving cyclists could increase erosion, disturb wildlife, collide with joggers and equestrians, and interfere with the serenity of these “natural jewels.” Larry Kolb, a member of the Chapter’s East Bay Public Lands committee, spoke as a hiker-biker and raised the problem of hikers feeling overrun by bikers coming downhill fast. He pointed out that mountain bikers already have lots of trails available in the neighboring EBRPD lands. Helen Burke, a former EBMUD Director, expressed concern about how bikers would be managed and how the watershed would be monitored for adverse impacts.

Enforcement and monitoring of mountain bikers would require additional resources from the District at a time when it is facing revenue reductions as a result of the drought and climate change. EBMUD currently only has one ranger for the entire watershed — certainly not sufficient to enforce regulations such as trail speed limits and staying on established trails. Even agencies with enforcement officers like the Park District find it hard to enforce rules and regulations concerning mountain bikes, because bikers move quickly. If EBMUD were to open up areas currently closed to mountain biking, it would have to create a large force to patrol thousands of acres of land, issue tickets, and take violators to court. In addition, EBMUD enforcement rangers might have to use motorized bikes, which would bring additional costs and environmental impacts.

There are also proponents of opening up the 13 miles of Ridge Trail that will go through EBMUD lands to bikers. Ensuring bikers stayed on that trail 73 would be challenging, requiring a substantial ranger presence and checkpoints.

The Sierra Club opposes additional mountain bike access to watershed properties. The cost for accommodating this intense recreation would be too high, and would compromise the ability of the District to maintain biodiversity and water quality. It would also drastically change the experience for equestrian riders and hikers. In this time of persistent drought and climate disruption, EBMUD should be dedicating its time and resources to more pressing issues.

The issue of bike access on watershed lands will go to the Board Planning Committee and then to the full Board over the fall months with a decision likely after the first of the year.

WhatYouCanDo You can write to the Board and tell them that the current policy, with some bike access in very developed areas, should not be changed. This policy has worked well for 20 years. Send your comments to [email protected].

For more information go to www.ebmud.com/recreation/protecting-natural- habitat. You can also participate with the Chapter’s East Bay Public Lands Committee on this issue. That group meets the second Wednesday of each month. Email Committee Chair Norman LaForce for details, [email protected]. —Helen Burke

Personal greed behind dirty proposal to bring coal through Bay Area for export out of Oakland September 14, 2015

n recent years we’ve written a lot about the threat of coal exports through Bay Area ports to markets overseas as domestic coal consumption plummets. Now the coal industry has targeted Oakland, and a Bay Area- wide campaign is full swing to preserve public health and stand up for climate justice. Volunteers and staff have held meetings in four of Oakland’s seven city council districts. We’ve gone door to door to talk to neighbors; met with public officials at the local, regional, state, and federal levels; engaged with labor and faith leaders; and reached out to realtors and business owners to talk about the dangers of coal coming through Bay Area communities by rail for export overseas.

Almost everyone we have encountered agrees: coal is bad for our communities, our workers, and our climate, and the City Council should block coal from being a part of the Oakland Global Trade and Logistics Center development (aka Oakland Global) at the former Oakland Army Base in West Oakland.

Oakland Global, which is being built by developer Phil Tagami, is supposed to bring Oakland’s maritime operations into the 21st century by making the process of moving goods more efficient; reducing pollution by transporting goods by train instead of truck; moving some of the more polluting facilities 75 away from West Oakland neighborhoods onto the Oakland Global site; and diversifying the industry on the waterfront. Bringing coal through the East Bay and into Oakland for export flies in the face of the original intent of this project to clean up pollution and provide benefits to the local community.

Unfortunately, Phil Tagami and others involved in building the bulk terminal are singularly focused rushing through with the project — no matter the costs to the community. In a recent article in the East Bay Express, reporter Darwin BondGraham reveals that there are individuals who stand to make millions if the deal with Big Coal goes through. BondGraham’s report shows that there has been a concerted effort to conceal the plan to bring coal through Oakland, as well as the greed motivating the deal.

Luckily for us, there are diligent reporters working to uncover the truth, as well as a whole lot of community and political power on our side. More than 165 local businesses, organizations, and prominent community members have signed on to our letter to the Mayor and the City Council. You can see the latest version here.

Oakland’s City Council has the power to keep coal out of Oakland Global through a clause in the original development agreement that states that the City can further regulate the development if they “determine based on substantial evidence and after a public hearing that a failure to do so would place existing or future occupants or users of the Project, adjacent neighbors, or any portion thereof, or all of them, in a condition substantially dangerous to their health or safety” (section 3.4.2 of Development Agreement).

The public hearing for finding evidence of dangers to health and safety from coal exports is scheduled for September 21st. At that hearing, experts, health professionals, faith and union leaders, workers, community groups, businesses, and residents will testify that coal is a huge threat to the health and safety of the communities along the rail lines and near the project site.

The Sierra Club and our allies are asking the City Council to use this opportunity to further regulate the development and ban all exports of coal and petroleum coke through the Oakland Global project. The Mayor and almost all the council members have stated that they are opposed to coal trains coming through our communities. The only question that remains is

76 whether there is the political will to put the health and safety of our kids and the future of humanity before corporate profits.

WhatYouCanDo The City Council will vote on whether or not to ban exports of coal and petroleum coke through Oakland Global sometime in early October, based on evidence gathered at the September 21st hearing. A majority of the council is needed to ban coal, and some of our usually trusted allies could waver due to political pressure from the developer.

If you are an Oakland resident, please take the time to call your council member now and ask them to vote to keep Oakland coal free! If you are not an Oakland resident, please call Mayor Schaaf and tell her that coal exports would be a disaster for the local economy, public health and safety, and climate.

• Dan Kalb, District 1, (510) 238-7001 • Abel Guillen, District 2, (510) 238-7002 • Lynette Gibson McElhaney, District 3, (510) 238-7003 • Annie Campbell Washington, District 4, (510) 238-7004 • Noel Gallo, District 5, (510) 238-7005 • Desley Brooks, District 6, (510) 238-7006 • Larry Reid, District 7, (510) 238-7007 • Rebecca Kaplan, At Large, (510) 238-7008 • Mayor Libby Schaaf, (510) 238-3141 For more background on the Coal Free Oakland campaign, visit sierraclub.org/sfbay/coalfreeoakland. —Jess Dervin-Ackerman