July 21, 2015

Home , Giant Marsh, Lake Chabot, Lake Temescal, Ohlone Wilderness, Redwood Valley Railway

Board of Directors Board Meeting Packet

July 21, 2015

Acting

Clerk of the Board

YOLANDE BARIAL KNIGHT (510) 544-2020 PH MEMO to the BOARD OF DIRECTORS (510) 569-1417 FAX EAST BAY REGIONAL PARK DISTRICT

East Bay Regional Park District Board of Directors The Regular Session of the JULY 21, 2015 WHITNEY DOTSON Board Meeting is scheduled to commence at President - Ward 1 2:00 p.m. at the EBRPD Administration Building, DOUG SIDEN 2950 Peralta Oaks Court, Oakland Vice President - Ward 4 BEVERLY LANE Treasurer - Ward 6

DENNIS WAESPI Respectfully submitted, Secretary - Ward 3

DIANE BURGIS Ward 7

JOHN SUTTER Ward 2

AYN WIESKAMP ROBERT E. DOYLE Ward 5 General Manager ROBERT E. DOYLE General Manager

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

2 AGENDA

REGULAR MEETING OF JULY 21, 2015

BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular meeting at District’s ROLL CALL (Board Conference Room) Administration Building, 2950 12:45 p.m. Peralta Oaks Court, Oakland, CA, commencing at 12:45 p.m. PUBLIC COMMENTS for Closed Session and 2:00 p.m. for Open Session on Tuesday, July 21, 2015. CLOSED SESSION Agenda for the meeting is listed adjacent. Times for A. Conference with Labor Negotiator: Gov’t Code § 54957.6 agenda items are approximate 1. CONSENT CALENDAR only and are subject to change during the meeting. If you wish Agency Negotiator: Robert E. Doyle, Dave Collins, to speak on matters not on the a. Approval ofJim District O’Connor, Check Sukari Listing Beshears for the Period of May 4agenda,, 2015 you to Maymay ???do ,so under Employee Organizations:2015 AFSCME Local 2428 Public Comments at either the Unrepresented Employees: (Auker/Doyle) Managers and (Resolution)Confidentials (No Cost) beginning or end of the agenda. b. Approval of the Minutes for the Board Meeting of If you wish to testify on an item on the agenda, please complete B. Public Employee PerformanJune 2, 2015ce Evaluation a speaker’s form and submit it (Barial Knight) (No Cost) to the Clerk of the Board. A Gov’t Code §c. 54957 copy of the background a) Clerk of the Boar(d ) (Resolution) (No Cost) materials concerning these b) Chief Financial Officer agenda items, including any material that may have been submitted less than 72 hours C. Conference with Legal Counsel: before the meeting, is available for inspection on the District’s 1. Existing Litigation – Gov’t. Code Sec. 54956.9 (d)(1) website (www.ebparks.org), the Administrative Building reception desk, and at the a) Sierra Club v EBRPD, Case No. RG15776546 meeting. Alameda Superior Court Agendas for Board Committee b) EBRPD v Sweningsen, Case No. RG14745591 Meetings are available to the public upon request. If you wish Alameda Superior Court to be placed on the mailing list to receive future agendas for a specific Board Committee, please call the Clerk of the 2:00 p.m. OPEN SESSION (Board Room) Board’s Office at (510) 544- 2020. PLEDGE OF ALLEGIANCE District facilities and meetings comply with the Americans A. APPROVAL OF AGENDA with Disabilities Act. If special accommodations are needed B. PUBLIC COMMENTS for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting.

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of June 8, 2015 to July 2, 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 July 7, 2015 (Barial Knight) (Resolution) (No Cost) d. Authorization to Amend Contract for Professional Services with Ninyo & Moore Geotechnical Consultants to Perform Supplemental Geotechnical Services for the Lake Chabot Campus Modernization Project: Lake Chabot Regional Park (Barton/Nisbet) (Resolution) (Budgeted Funds) e. Authorization to Object to Public Sale, Enter Into a Purchase Agreement and Transfer and Appropriate Funds for the Purchase of Fee Interest in 5.24± Acres of Tax-Delinquent, Real Property from the Alameda County Tax Collector’s Office: Garin Regional Park (Musbach/Nisbet) (Resolution) (Budget Change/ Measure WW Funds) f. Authorization to Accept the Dedication of a Trail Easement from The Presbytery of San Francisco, a California Corporation, and Cynthia Erb & Associates, LLC, a California Limited Liability Company: Las Trampas Wilderness Regional Preserve (Musbach/Nisbet) (Resolution) (Budgeted Funds) g. Authorization to Renew a Five-Year License Agreement with Alameda County Flood Control and Water Conservation District for the Coyote Hills to Hayward Shoreline Segment: San Francisco Bay Trail (Musbach/Nisbet) (Resolution) (No Cost) h. Authorization to Execute Contract with Mt. Lassen Trout Farms for: Channel Catfish for 2015 (Graul/Nisbet) (Resolution) (Budgeted Funds) i. Authorization to Transfer Funds and Enter into a Sole Source Contract with Moffat & Nichol for Marine Engineering Consulting Services: Robert W. Crown Memorial State Beach/Alameda Beach (Rasmussen/Lim/Nisbet) (Resolution) (Budgeted Funds) j. Authorization to Establish the Classification, Unit Designation and Salary Range for Creative Design Manager and Add 1.0 FTE for this Classification to the Public Affairs Division (Beshears/Johnson) (Resolution) (Budgeted Funds) k. Authorization to Accept the Bid and Execute a Contract to Valley Slurry Seal International for Tilden Fiberized Slurry Seal and Stripe (Barrington/O’Connor) (Resolution) (Budgeted Funds) l. Authorization to Execute an Agreement to Partner with Alameda County Resource Conservation District and Natural Resources Conservation Service to Restore Ponds: Garin Regional Park (Margulici/Graul/Collins) (Resolution) (Budgeted Funds)

m. Authorization to File an Application for Grant Funds for the California Cultural and Historical Endowment’s Museum Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40), and if Grant is awarded Appropriate Measure WW Bond Funds for the Crab Cove Visitor Center Exhibit Expansion: Crown Memorial State Beach (Margulici/Kassebaum/Collins) (Resolution) (Measure WW Funds) n. Authorization to File an Application for Grant Funds for the California River Parkways Grant Program in accordance with the California River Parkways Act of 2004, for Creek Restoration and Public Access: Sibley Regional Preserve (Margulici/Graul/Collins) (Resolution) (No Cost) o. Authorization to Purchase Replacement Desktop Computers from Dell Computer Corporation (Tallerico/Collins) (Resolution) (Budgeted Funds) p. Resolution to Support Pending Federal Legislation S. 1078 (Heinrich) and H.R. 2014 (Kind) Healthy Kids Outdoors Act (Pfuehler/Doyle) (Resolution) (No Cost) q. Resolution to Support Pending Federal Legislation S. 1069 (Blumenthal) and H.R. 781 (Connolly): Complete America’s Great Trails Act (Pfuehler/Doyle) (Resolution) (No Cost) r. Resolution to Support Pending Federal Legislation S. 890 (Cantwell) and H.R. 1814 (Grijalva) Permanent Reauthorization of the Land and Water Conservation Fund (Pfuehler/Doyle) (Resolution) (No Cost) s. Resolution to Support Pending Federal Legislation S. 630 (Feinstein) and H.R. 1208 (Garamendi) Sacramento-San Joaquin Delta National Heritage Area Establishment Act (Pfuehler/Doyle) (Resolution) (No Cost)

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

a. Authorization to Execute and Record an Affidavit of Death of Life Tenants and to Transfer and Appropriate Funds for the Title Transfer of the Former Rowell Ranch’s Camp Bertha Life Estate and Related Acquisition Expenses: Ohlone Wilderness Regional Preserve (Musbach/Nisbet) (Resolution) (Budget Change/ Measure WW Funds) b. Authorization to Award a Contract to Water Rock Construction for Construction of Shoreline Access Improvements: Miller Knox Regional Shoreline (Lim/Nisbet) (Resolution) (Budget Funds) c. Authorization to Award Contract to Grade Tech, Incorporated for Construction of Staging Area Improvements, Approval of Payment to California Department of Fish and Wildlife for a Performance Security, and Appropriate Funds: Vargas Plateau (Lim/Nisbet) (Resolution) (Budget Change/ Measure WW Funds) 3. FINANCE AND MANAGEMENT SERVICES DIVISION

PUBLIC HEARING

a. Approval of the Measure CC 2015/16 Tax Report and Proposed Measure CC Budget Revenues and Expenditures for 2015 (Rasmussen/Auker/Collins) (Resolution) (No Cost)

b. Approval to Update and Modify Six Measure CC Project Descriptions (Rasmussen/Auker/Collins) (Resolution) (Measure CC Funds)

4. GENERAL MANAGER

a. Authorize the 2015/2016 Tax Rate to be Levied by Alameda and Contra Costa Counties for the Payment of East Bay Regional Park District Measure AA and Measure WW General Obligation Bonds (Auker/Collins/Doyle) (Resolution) (No Cost)

3:00 p.m. 5. BOARD AND STAFF REPORTS

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

3:15 p.m. 6. GENERAL MANAGER’S COMMENTS

3:30 p.m. 7. ANNOUNCEMENTS FROM CLOSED SESSION

3:35 p.m. 8. BOARD COMMITTEE REPORTS

a. Board Executive Committee (6-17-15) (Dotson) b. Natural and Cultural Resources Committee (5-20-15) (Lane)

9. BOARD COMMENTS

4:00 p.m. D. ADJOURNMENT

6 CONSENT 7 CALENDAR

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of June 8, 2015 Through July 2, 2015 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of June 8, 2015 through July 2, 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.

8 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 07 -

July 21, 2015

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JUNE 8, 2015 THROUGH JULY 2, 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 June 8, 2015 through July 2, 2015;

Moved by Director Wieskamp, seconded by Director Burgis, and adopted this 21st day of July, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

9 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 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 Contra Costa County 097-190-002-2 Faria Land Investors, LLC Concord Hills Regional Bailey Road, Pittsburg Park 078-320-002 Save Mount Diablo Deer Valley Regional Park 14599 Marsh Creek Road, Clayton 408-0170-058-7 State of California Wildcat Creek Trail 1901 Golden Gate Ave, San Pablo (located on Richmond Parkway)

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

10 has identified the people with whom this negotiator may negotiate in open session."

ALTERNATIVES

No alternatives are recommended.

11 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 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 July 21, 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:

12 Moved by Director , and seconded by Director , and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

13 Acquisition, Stewardship & Development Division AUTHORIZATION TO NEGOTIATE t:\bstone\mxd projects\A2N\ 2015\A2N-July-21-2015.mxd Date: July 21, 2015

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CONTRA COSTA COUNTY Park/Trail: Concord Hills Regional Park 1 Owner: Faria Land Investors LLC APN: 097-190-002-2 Location: Bailey Road, Pittsburg

Park/Trail: Deer Valley Regional Park 2 Owner: Save Mount Diablo APN: 078-320-002 Location: 14599 Marsh Creek Rd, Clayton

º Park/Trail: Wildcat Creek Trail !" Owner: State of California APN: 408-0170-058-7 Location: 1901 Golden Gate Ave, San Pablo (located on Richmond Pkwy)

Page Left Blank Intentionally

15 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

c. Approval of the Minutes for the Board Meeting of July 7, 2015 (Barial Knight)

16 Unapproved Minutes Board Meeting of July 7, 2015

The Board Meeting, which was held on July 7, 2015 at the Peralta Oaks Headquarters, 2950 Peralta Oaks Court, Oakland was called to order at 2:00 p.m. by Board President Whitney Dotson.

ROLL CALL

Directors Present: Whitney Dotson, President Doug Siden, Vice President Dennis Waespi, Secretary Beverly Lane, Treasurer Diane Burgis John Sutter Ayn Wieskamp

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 2:00 p.m. by Vice President Siden.

Staff Present: Robert Doyle, Dave Collins, Debra Auker, Bob Nisbet, Carol Victor, Mark Ragatz, Police Chief Tim Anderson, Liz Musbach, Sharon Clay, Dan Cunning, Mona Koh, Yolande Barial Knight, Suzanne Lusk, Jeff Rasmussen, Aaron Roth, Sharon Clay, Jim O’Connor, Ira Bletz, Audrey Som, Sara Reick, Sharon Clay, Zenaida Trinidad, Adora Nnoruka, Ruby Tumber, Bismarck Blanco, Ira Bletz, Kelly Barrington, John Bouyea, Liz Musbach, Quynh Truong, female police officer, Erich Pfuehler, Mark Ragatz, Matt Graul, Debra Auker, Tiffany Margulici, Larry Tong, Aaron Roth, Carolyn Jones, Leonard Bellow

Guests: Hannah Chacko, Aidan Jordan Peter

A. APPROVAL OF AGENDA

By motion of Director Dotson, and seconded by Director Lane, the Board voted unanimously to approve the agenda removing Item r from the Consent Calendar.

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

B. SPECIAL PRESENTATION

Director Ayn Wieskamp emceed the recognition of the winners of the Habitat Means Home Poster Contest. Ira Bletz, Regional Interpretive and Recreation Services Manager, presented the history of this poster contest which is now in its ninth year and held at Coyote Hills Regional Recreation Area. This contest involves writing and painting. There were 150 entrants of elementary school students K – 6th grades. Attending the board meeting today were Hannah Chacko, the first place winner and Aidan John Peter, the second place winner and their families whose posters captured habitat and its value. The children’s posters were on display and admired by all in attendance. The Board, GM and Staff and extended a warm welcome and applause.

17 Unapproved Minutes Board Meeting of July 7, 2015 C. PUBLIC COMMENTS

Peter Volin commented on the Chabot Gun Club Range and the estimates for clean-up costs in connection with lead pollution and his recommendation was for the District to hire a consultant now. Several members spoke about the Ratto Farm and the San Leandro Creek Greenway: Robin Freeman, Chanel Williams, Janis Poon, Amber Blackwell. John Nicoles, President, EBRPD Retirees Association, spoke about concerns for taxation of medical benefits discussion before the executive committee meeting.

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

By motion of Director Wieskamp and seconded by Director Burgis, the Board voted unanimously to approve the Consent Calendar with the exception of item r.

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

a. Approval of District Check Listing for the Period of May 25, 2015 to June 7, 2015 Resolution No. 2015 – 07 - 174 (attached)

b. Authorization to Negotiate with Various Property Owners Resolution No. 2015 – 07 - 175 (attached)

c. Approval of the Minutes for the Board Meeting of July 7, 2015

d. Authorization to Amend the Sole Source Service Agreement with Nampa Valley Helicopters Inc. to Complete the 3000 Hour Transmission Overhaul Resolution No. 2015 – 07 - 176 (attached)

e. Authorization to Renew a Cost Sharing Agreement with the East Contra Costa County Habitat Conservancy and Accept and Appropriate $200,000 for Land Acquisition-Related Costs Resolution No. 2015 – 07 - 177 (attached)

Director Siden pointed out the map in the packet of the lands that are being protected for open space. He commended Retired Director Radke for all of the work that he did with the Conservancy.

f. Authorization to Accept the Bid and Execute a Contract with Innovative Construction Solutions for Landslide Stabilization: Lake Chabot Regional Park Resolution No. 2015 – 07 - 178 (attached)

g. Authorization for the Sole Source Purchase from Brasco International, Inc. for Fishing Pier Windscreens: Point Pinole Regional Shoreline Resolution No. 2015 – 07 - 179 (attached)

h. Authorization to Amend the Contract for Appraisal Services with Smyers & Krauss Appraisal, LLC Resolution No. 2015 – 07 - 180 (attached)

18 Unapproved Minutes Board Meeting of July 7, 2015 i. Authorization to Purchase One Dodge Vehicle Resolution No. 2015 – 07 - 181 (attached)

j. Authorization to Accept the Bid and Execute a Contract to Bond Blacktop, Inc. for Road Slurry Seal: District-wide Resolution No. 2015 – 07 - 182 (attached)

k. Authorization to Enter into a Three-Year Term Contract with First Advantage as the Service Provider for Affordable Care Act (ACA) Reporting and Monitoring Resolution No. 2015 – 07 - 183 (attached)

Director Siden had a question on the dollar amount of this contract. Dave Collins, AGM Finance & Management Services pointed to the revenue/cost section of this material which discloses the cost and explains the process whereby the funds will be replenished.

l. Authorization to: Establish the Classification, Unit Designation and Salary Range for Deputy General Manager; Retitle the Government Relations and Legislative Affairs Manager to Government Affairs Manager and Adjust the Salary Range; and Adjust the District’s Management and Confidential Salary Schedule Resolution No. 2015 – 07 - 184 (attached)

m. Acceptance of the First Quarter 2015 General Fund and Other Governmental Funds Financial Reports Resolution No. 2015 – 07 - 185 (attached)

n. Authorization to Accept the Withdrawal of the Bid of Audio Visual Design Group and to Award the Contract for Audio Visual Equipment for the Headquarters Board Room Tenant Improvement Project to Avidex Industries, LLC Resolution No. 2015 – 07 - 186 (attached)

Director Lane requests that the Board to be able to see any program about the District that is shown on television or social media. Director Waespi asked whether there will be a speaker in the Board Conference Room. AGM Collins replied that the meetings will be streamed on the internet for employees in the building.

o. Authorization to Transfer and Appropriate Funds to Retrofit Facilities Energy Plan Project and Apply for PG&E Energy Efficiency Retrofit Rebates: District-wide Resolution No. 2015 – 07 - 187 (attached)

Director Siden asked for clarification on the dollar amount stated in this material. Jeff Rasmussen, Asst. Finance Officer said that this is an additional amount and is consistent with the implementation strategy.

p. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ending March 31, 2015 Resolution No. 2015 – 07 - 188 (attached)

q. Authorization to Implement the Healthy Workplaces, Healthy Families Act (AB 1522) to Provide Paid Sick Leave to Temporary and Seasonal Employees Resolution No. 2015 – 07 - 189 (attached)

19 Unapproved Minutes Board Meeting of July 7, 2015

2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION

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

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

a. Authorization to Transfer Funds and Purchase Sole Source Prefabricated Concrete Restroom/Shower Buildings (Buildings #9 and #20) from Public Restroom Company: Del Valle Regional Park Resolution No. 2015 – 07- 190 (attached)

Rob Lim, Chief of Design introduced Zenaida Trinidad, Project Manager of the Del Valle Campground replacement project. Trinidad presented a powerpoint and explained the ongoing building deterioration and maintenance issues of the restrooms and the process by which Public Restroom Company was chosen to replace the shower buildings.

Directors Sutter and Dotson would like to see a complete assessment of all of District bathroom facilities. AGM Operations, O’Connor remarked that there was an assessment of restrooms however staff can go back and look at the Directors’ specific park restroom concerns. Directors expressed a desire for staff to consider not only the design but also the aesthetics of the building and possibly folding in some art.

3. FINANCE AND MANAGEMENT SERVICES DIVISION

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

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

a. Acceptance of: 2014 Comprehensive Annual Financial Report, Statement on Auditing Standards (SAS) 114 Auditor’s Communications with Those Charged with Governance dated May 30, 2015, and Independent Accountant’s Report on Agreed Upon Procedures Applied to 2015 Appropriations Limit Calculation Report Resolution No. 2015 – 07- 191 (attached)

Debra Auker, CFO gave a powerpoint presentation on the CAFR, explaining some sections and highlighting funds. Director Sutter had questions about whether the District can generate revenue from some of these funds that are not needed right away. Auker explained that the California Government Code restricts our investment out 5 years and with certain limited and secure investments. GM Doyle added that funds that come into the District are limited and not private money.

20 Unapproved Minutes Board Meeting of July 7, 2015

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

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

b. Approval of Engineer's Report for Fiscal Year 2014/2015, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1, including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic); Adopt Resolution Overruling Protest Resolution No. 2015 – 07- 192 (attached)

Debra Auker, CFO presented this report that levy’s taxes. Director Sutter had a specific question about the fund balance. Auker explained the difference between the fund balances in the two counties. AGM Collins directed the Board to certain pages in the document for clarification. Director Waespi asked about the COLA. Tim Seufert, NBS, explained that it wasn’t in the document the past however is now.

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

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

Adopt Resolution Overruling Protests Resolution No. 2015 – 07 – 193 (attached)

By motion of Director Waespi, and seconded by Director Burgis, the Board voted unanimously to approve item C-3-c:

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

c. Approval of Resolution Declaring the Intention to Establish a Community Facilities District (C-1 Las Trampas) and to Authorize the Levy of Special Taxes Resolution No. 2015 – 07- 194 (attached)

Debra Auker, CFO explained the staff report and the resolution for a Community Facilities District (CFD).

4. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

General Manager Doyle discussed those items listed on the staff report.

21 Unapproved Minutes Board Meeting of July 7, 2015 5. GENERAL MANAGER’S COMMENTS

GM Doyle stated that there is no formal staff presentation; however, the Board will view the clip of Doug McConnell’s OpenRoad program where the District is featured.

6. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Victor announced by a vote of 7 to 0 the Board denied the claim of Eugene Brock.

7. BOARD COMMENTS

Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Executive Committee meeting; • Met with GM Doyle for 1-on-1; • Attended the Board’s Land Session; • Attended the State of the City of Livermore; • Attended the Board’s Pt. Pinole field trip; • Went on a ride along with Lt. Alan Love and toured EBRPD water parks; • Visited Cull Canyon and Victor Reyes, Park Supervisor who is very good and organized; • Visited Shadow Cliffs, Lake Chabot, Don Castro and Del Valle.

Director Lane reported on meetings attended. Director Lane • Attended the Board’s Land Session; • Thanked staff for viewing the Doug McConnell, OpenRoad program; • Attended the Finance Committee Meeting; • Attend the Board’s Pt. Pinole field trip; • Attended the East Bay Leadership Council Executive Board meeting; • Attended the CCC Transportation Authority meeting; • Attended the Bay Trail Safety Patrol in Danville; • Will attend the Elsworthy Dedication; • Will attend the Pt. Costa Memorial Event; • Will attend the Botanic Garden 75th Anniversary; • Will attend the Concord Hills Regional Hills LUP meeting.

Director Siden reported on meetings attended. Director Siden • Attended the Juneteenth potluck at Peralta Oaks; • Attended the Executive Committee meeting; • Attended the Operations Committee meeting; • Attended the Board’s Land Session; • Attended the EBMUD/EBRPD Liaison Committee meeting; • Rode in the Alameda Parade with Smokey the Bear; • Will host the Alameda County Special Districts Meeting at Peralta Oaks; • Will attend the City of Alameda/EBRPD Liaison Committee meeting.

Director Sutter reported on meetings attended. Director Sutter • Attended the Board’s Pt. Pinole field trip; • Attended the Operations Committee meeting; • Attended the Board’s Land Session; • Went on a tour of Redwood Parkwith Jeff Crowle; • Attended the retirement party for Alex Swizler;

22 Unapproved Minutes Board Meeting of July 7, 2015 • Attended the SF Bay Restoration Authority meeting; • Attended the Oakland Planning Commission Design Review subcommittee meeting; • Met with GM Doyle for 1-on-1.

Director Waespi reported on meetings attended. Director Waespi • Attended the Board’s Land Session; • Attended the PAC meeting; • Attended the EBMUD/EBRPD Liaison Committee meeting; • Attended the Board’s Pt. Pinole field trip; • Attended the EBRPD Golf Tournament; • Toured EBRPD water parks with Pete DeQuincy; • Toured with Chief Dan McCormick.

Director Burgis reported on meetings attended. Director Burgis • Toured Port Costa; • Attended the Board’s Pt. Pinole field trip; • Attended the Board’s Land Session; • Rode in the 4th of July parade in Antioch with Kate Collins, Black Diamond.

Director Dotson reported on meetings attended. Director Dotson • Attended the Special Park Districts Forum Conference in Detroit; • Attended the Board’s Pt. Pinole field trip; • Attending a planning meeting for the North Richmond Shoreline Festival.

D. ADJOURNMENT

The meeting was adjourned at 4:41 pm by Board President Dotson.

Respectfully submitted:

Yolande Barial Knight Acting Clerk of the Board

23 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Amend Contract for Professional Services with Ninyo & Moore Geotechnical Consultants to Perform Supplemental Geotechnical Services for the Lake Chabot Campus Modernization Project: Lake Chabot Regional Park (Barton/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a contract amendment, an increase of $15,444, to the Ninyo & Moore Geotechnical Consultants (“Ninyo & Moore”) contract to provide additional site analysis and recommendations for the reconstruction of the Public Safety Building and Chabot Service Yard at Lake Chabot Regional Park.

REVENUE/COST

This action will encumber an additional $15,444 (Project #. 152500) for geotechnical services for the project. This fee covers services required to complete the project and is within the total project budget of $21,560,000. This action will not increase the overall budget for the project.

SOURCE OF FUNDS Current Approved Capital Project Budget Reconstruct PS Building Project #152500 $ 21,560,000 Encumbrances and Expenditures to Date (1,810,000) Funds Available $ 19,750,000

USE OF FUNDS Fee for Amended Scope of Services $ 15,444

BALANCE REMAINING $ 19,734,556

24 An expanded geotechnical services scope for construction testing during construction will be developed after design and before the start of construction. Staff anticipates this expanded scope of work would be brought back to the Board at the time of the construction contract award.

BACKGROUND

On February 17, 2015 the Board of Directors adopted Resolution 2015-02-043 authorizing the General Manager to execute a contract with Ninyo & Moore Geotechnical Consultants to provide geotechnical services for development of the Lake Chabot Campus Modernization Project.

Data from the geotechnical report indicate that seismic refraction work should be conducted to help define the extent and quantity of bedrock that must be excavated for construction of the new Public Safety Building. This information will inform construction plans, specifications and estimates. Ninyo & Moore have quoted a not to exceed cost of $9,444 to complete this supplemental work.

Prior to conducting this additional work, staff recommends performing an underground storage tank survey of the new public safety building site and parking areas. This will help rule out surprise hazardous materials costs during construction and help ensure the accuracy of the seismic refraction survey work. Ninyo & Moore have quoted a not to exceed cost of $6,000 to verify the presence or absence of underground storage tank(s).

The cost breakdown for the tasks described above is as follows: Seismic Refraction Survey $ 9,444 Underground Storage Tank Survey 6,000 TOTAL $ 15,444

ALTERNATIVES

No alternatives are recommended.

25 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO AMEND CONTRACT FOR PROFESSIONAL SERVICES WITH NINYO & MOORE GEOTECHNICAL CONSULTANTS TO PERFORM SUPPLEMENTAL GEOTECHNICAL SERVICES FOR THE LAKE CHABOT CAMPUS MODERNIZATION PROJECT: LAKE CHABOT REGIONAL PARK

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 February 17, 2015, by Board Resolution No. 2015-02-043, the Board of Directors authorized a contract for services with Ninyo & Moore Geotechnical Consultants for geotechnical consulting services in the amount of $42,240; and

WHEREAS, the District is in need of supplemental professional services (seismic refraction and geophysical surveys) to guide and inform engineering, design and construction of the project;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes and directs the General Manager on behalf of the Park District to increase the contract amount with Ninyo & Moore Geotechnical Consultants by $15,444 in project # 152500 to provide supplemental professional services; and

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

Moved by Director , seconded by Director and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

26 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation Between Funds From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital- Land- District Wide-Acquisition-Designated Acquisition-Garin-Alameda County Land Acquisition-Measure WW Property-Purchase Price Undesignated

Account: 333-6330-000-7010 / Account: 333-6330-125-7010 / 244800 229900WW00-100 $ 70,000 WP30-100 $ 75,000 Account Name: Expense: Capital- Land- Acquisition-Garin-Alameda County Property-Admin Costs

Account: 333-6330-000-7010 / 229900WW00-100 $ 5,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 21, 2015 the General Manager recommends that the Board of Directors authorize the appropriation of $70,000 Measure WW bond principal acquisition funds from the Garin acquisition allocation area. This board action also formalizes the appropriation of $10,000 Measure WW funding from the same allocation area, that initiated the project.

As approved at the Board of Directors Meeting on date: 7/21/2015 Board of Directors Resolution Number: 2015-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\13 - July 21, 2015\FROM DAP\C-1-e 244800 Alameda County-budget change 27 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Object to Public Sale, Enter Into a Purchase Agreement and Transfer and Appropriate Funds for the Purchase of Fee Interest in 5.24± Acres of Tax-Delinquent, Real Property from the Alameda County Tax Collector’s Office: Garin Regional Park (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to object to the public sale, enter into a purchase agreement and transfer and appropriate funds for the purchase of fee interest in 5.24± acres of tax-delinquent, real property from the Alameda County Tax Collector’s Office in order to protect lands proximate to the Bay Area Ridge Trail and contiguous to Garin Regional Park from possible future development.

REVENUE/COST

The tax-delinquent property may be purchased through the Alameda County Tax Collector’s Office for approximately $75,000, pursuant to State Revenue and Taxation Codes 3695 and 3700. Other costs necessary to complete the purchase include staff time and closing costs. This board item requests authorization to transfer and appropriate Measure WW Acquisition Funds from the Garin Allocation Area to project account AC/Walters and Moore/Garin (CIP 244800WP30) for these transaction costs. If the purchase is approved by the State and the property owner does not elect to redeem the back taxes, staff will return to the Board at a later date, to request the transfer and appropriation of additional acquisition funding required to make the property safe and secure upon close of escrow.

SOURCE OF FUNDS Transfer/Appropriate From: WW Acquisiton - Garin Allocation Area Funds Available $ 2,597,721 Designated Acquisitions – Measure WW Undesignated 80,000 (229900WW00) WW Funds Remaining $ 2,517,721

28 USE OF FUNDS Transfer/Appropriate To: AC Walters and Moore/Garin (CIP 244800WP30) Purchase Price $ 75,000 County Processing Costs 2,500 Staff Time 2,500 Total Project Cost To Date $ 80,000

BACKGROUND

On May 5, 2015, by Resolution No. 2015-05-116, the Board of Directors authorized staff to negotiate with the Alameda County Tax Collector’s Office for the purchase of a 5.24± acre parcel (085A-6100-005-07) of unimproved, tax-delinquent land owned by Joseph D. Walters and James W. and Jeanne C. Moore. The subject parcel is located immediately west of the Garin/Dry Creek Pioneer to Chabot segment of the Bay Area Ridge Trail, and is adjacent to the former Jensen and Gammon properties acquired by the Park District in 1992 and 1994, respectively.

As required by Sections 3695 and 3700 of the State Revenue and Taxation Code, the Alameda County Tax Collector’s Office notified the Park District of properties that were five years or more tax delinquent and approved by the Board of Supervisors for sale at Public Auction. District staff objected to the impending sale of the subject property in order to seek Board authorization to purchase it directly from the County for public purposes. Acquisition of tax- delinquent property is a lengthy process; each sale must be approved by the State of California and said approval is estimated to take at least six months. Once the State has approved the purchase, all parties of interest, including the current property owners, are advised of the sale date (known as the “pay by” date). The owners have until the pay by date to redeem their property from tax sale by paying the back taxes. The County will convey the property to the Park District only if the property owner does not pay their back taxes by the pay by date deadline.

Staff has determined that the tax-default sale of the subject property provides an opportunity to purchase the property at or below market value with acceptable conditions of sale. Acquisition of the property will add an additional 5.24± acres of land proximate to the Garin/Dry Creek Pioneer to Chabot segment of the Bay Area Ridge Trail and prevent future development adjacent to the park’s western boundary in this area.

ALTERNATIVES

No alternatives are recommended.

29 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO OBJECT TO PUBLIC SALE, ENTER INTO A PURCHASE AGREEMENT AND TRANSFER AND APPROPRIATE FUNDS FOR THE PURCHASE OF FEE INTEREST IN 5.24± ACRES OF TAX-DELINQUENT, REAL PROPERTY FROM THE ALAMEDA COUNTY TAX COLLECTOR’S OFFICE: GARIN REGIONAL PARK

WHEREAS, by Resolution No. 2015-05-116, adopted May 5, 2015, the Board of Directors authorized staff to negotiate with Alameda County for the purchase of tax-delinquent real property owned by Joseph D. Walters and James W. and Jeanne C. Moore (APN 085A- 6100-005-07); and

WHEREAS, fee interest in the subject real property was scheduled for sale at public auction; and

WHEREAS, pursuant to State Revenue and Taxation Code Sections 3695 and 3700, District staff filed a written objection to the sale of property needed for a public use with the County Tax Collector and Board of Supervisors, along with an application to purchase the property for no less than the minimum bid price; and

WHEREAS, acquisition of the subject property will expand Garin Regional Park adjacent to the Garin/Dry Creek Pioneer to Chabot segment of the Bay Area Ridge Trail, and protect land contiguous to the park from possible future development; and

WHEREAS, this acquisition is exempt under CEQA guidelines;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to object to the public sale of the tax-delinquent property owned by Joseph D. Walters and James W. and Jeanne C. Moore and enter into an agreement with Alameda County to purchase fee interest in this property for a purchase price of $75,000 plus administrative and staff costs estimated to be $5,000; and

BE IT FURTHER RESOLVED, that the Board authorizes the transfer and appropriation of $80,000 from project account Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00), utilizing funds from the Garin Allocation Area, to project account AC/Walters and Moore/Garin Acquisition (CIP 244800WP30) as shown on the attached budget change form to fund acquisition of the subject property and related acquisition expenses; 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 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

31 GARIN REGIONAL PARK East Bay ´ Regional Park District County of Alameda Acquisition, Stewardship and Purchase of Tax-Defaulted Property Development Division July 2, 2015 APN: 085A-6100-005-07 Feet t:/bstone/mxd projects/land acq/ 0250 500 1,000 1,500 gd_AlamedaCountyTaxDeed2015.mxd 5.24 acres

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

Oakes Picea 32

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33 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Accept the Dedication of a Trail Easement from The Presbytery of San Francisco, a California Corporation, in Cooperation with Cynthia Erb & Associates, LLC, a California Limited Liability Company: Las Trampas Wilderness Regional Preserve (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize acceptance of the dedication of a trail easement containing 14,675 square feet located within Hemme Avenue, Alamo, from The Presbytery of San Francisco in cooperation Cynthia Erb & Associates, LLC to benefit public access into Las Trampas Wilderness Regional Preserve.

REVENUE/COST

Staff time is the only acquisition expense related to the dedication of the trail easement and is proposed to come from Land Acquisition General Funds appropriated in the 2015 budget.

BACKGROUND

On May 17, 1994, by Resolution No. 1994-05-149, the Board of Directors authorized staff to negotiate with The Presbytery of San Francisco regarding the subject property located at 512 Hemme Avenue, Alamo. Subsequently, The Presbytery entered into an agreement to sell the property to Cynthia Erb & Associates, LLC (“Buyer”) for development purposes. The Buyer plans to construct three single-family residences and various improvements on the property.

With input from District staff, the Contra Costa County Planning Department required as a condition of development approval that a trail easement be offered for dedication to the East Bay Regional Park District to benefit public access into Las Trampas Wilderness. Consequently, in cooperation with the Buyer, The Presbytery has offered to dedicate a 20-foot wide by 733.75+ foot long (14,675-square foot) recreational trail easement along the southern boundary of property fronting Hemme Avenue and immediately east of the Las Trampas

34 Ringtail Cat Staging Area. Funding for the long-term maintenance of this easement will be provided by the local homeowners’ association comprised of Hemme Avenue residents who reside within the portion of Hemme Avenue that is not County-maintained, with the Park District as a cooperating participant.

This dedication will help complete regional and local trail connections that are consistent with the District’s 2013 Master Plan. Staff recommends that the Board authorize acceptance of the trail easement as described herein.

ALTERNATIVES

No alternatives are recommended.

35 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. : 2015 – 07 -

July 21, 2015

AUTHORIZATION TO ACCEPT THE DEDICATION OF A TRAIL EASEMENT FROM THE PRESBYTERY OF SAN FRANCISCO, A CALIFORNIA CORPORATION, IN COOPERATION WITH CYNTHIA ERB & ASSOCIATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY: LAS TRAMPAS WILDERNESS REGIONAL PRESERVE

WHEREAS, on May 17, 1994, by its Resolution No. 1994-05-149, the Board of Directors authorized staff to negotiate for property rights over the subject property; and

WHEREAS, The Presbytery of San Francisco intends to sell their property to Cynthia Erb & Associates, LLC for development purposes, under the County-imposed condition that a trail easement be offered as a dedication to the East Bay Regional Park District to benefit public access into Las Trampas Wilderness Regional Preserve; and

WHEREAS, The Presbytery, in cooperation with Cynthia Erb & Associates, LLC, has offered to dedicate a 20-foot wide by 733.75± foot long (14,675-square foot), recreational trail easement along the southern boundary of their property fronting Hemme Avenue for public access into Las Trampas Wilderness; and

WHEREAS, staff has found the terms and configuration of the trail easement to be satisfactory and hereby recommends acceptance of the trail easement for park benefit and use; and

WHEREAS, this dedication meets the goals and policies of the East Bay Regional Park District 2013 Master Plan by helping to complete regional and local trail connections; and

WHEREAS, the District seeks to work with private property owners to establish land rights for public access, recreational opportunities and scenic corridors;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts the dedication of a recreational trail easement from The Presbytery of San Francisco in cooperation with Cynthia Erb & Associates, LLC as presented to the Board of Directors on this date; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

37 Las Trampas Regional Wilderness Hemme Estates; Hemme Avenue East Bay Grant of Public Access Easement and ´ Regional Park District Acquisition, Stewardship & Development Trail Access Easement February 18, 2015 Feet t:/bstone/mxd projects/appraisal/ APN: 198-100-003 050 100 200 300 400 bart_barra,LP_b+w.mxd

La Serena La Son oma

Holiday

La Sonoma Ho lid a y

20' wide Public Access Hemme Easement Las Trampas (14,675 sq ft) la Regional op C a Wilderness Hemme Vi Estates 198-100-003 I ro nw o o d Ringcat Staging Area in w or C

Vicinity Map

Mt. Diablo State Park

Las Trampas Regional Wilderness

EBMUD

Disclaimer: Boundary and property lines shown on this map do not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of EBRPD. 38

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39 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Authorization to Renew a Five-Year License Agreement with Alameda County Flood Control and Water Conservation District for the Coyote Hills to Hayward Shoreline Segment: San Francisco Bay Trail (Musbach/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the renewal of a five- year license agreement with Alameda County Flood Control and Water Conservation District for the continued use of their property as regional park facilities along the Coyote Hills to Hayward Shoreline segment of the San Francisco Bay Trail.

REVENUE /COST

There are no direct costs associated with this license agreement other than staff time which is proposed to come from Land Acquisition General Funds appropriated in the 2015 budget.

BACKGROUND

By Resolution No. 1983-6-119, adopted June 7, 1983, the Board authorized the District to enter into a license agreement with the Alameda County Flood Control and Water Conservation District (ACFC) allowing the District to plan, improve, maintain and operate a multi-use public recreational trail along the Hayward and San Lorenzo Shoreline areas. This license as amended and extended expires on July 25, 2015. ACFC recently agreed to an Extension of Real Property License Agreement that would extend the subject license for a five- year period commencing on July 26, 2015 and terminating on July 25, 2020.

Longer term, ACFC and District staff have agreed to work together on a new Master License for the continued use and maintenance of trail facilities that the District leases from ACFC. In the interim, the General Manager recommends that the District renew the subject five-year license agreement to ensure the rights and responsibilities of both agencies are addressed until said long-term license agreement is negotiated and executed. The license agreement presented

40 to the Board as of this date allows the District to continue using the licensed areas for an additional five year term terminating July 25, 2020.

ALTERNATIVES

No alternatives are recommended.

41 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO RENEW A FIVE-YEAR LICENSE AGREEMENT WITH ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE COYOTE HILLS TO HAYWARD SHORELINE SEGMENT: SAN FRANCISCO BAY TRAIL

WHEREAS, by Resolution No. 1983-6-119, adopted June 7, 1983, the Board authorized the District to enter into a license agreement with the Alameda County Flood Control and Water Conservation District (ACFC) allowing the District to plan, improve, maintain and operate a multi-use trail for public recreation along the Hayward and San Lorenzo Shoreline areas. This license as amended and extended expires on July 25, 2015; and

WHEREAS, ACFC recently agreed to an Extension of Real Property License Agreement which extends the subject license for a period of five years, commencing on July 26, 2015 and terminating on July 25, 2020; and

WHEREAS, longer term, ACFC and District staff have agreed to work together on a new Master License for the continued use and maintenance of trail facilities that the District leases from ACFC; and

WHEREAS, until said long-term license agreement is negotiated and executed, the General Manager recommends that the District renew the subject license agreement to ensure that the rights and responsibilities of both agencies are addressed.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to renew the license agreement with ACFC for the continued use and operation of their portions of the Coyote Hills to Hayward Shoreline segment of the San Francisco Bay Trail; and

Moved by Director , and seconded by Director , and adopted this 21st day of July, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

42 2015 ACFCWCD Trail License Renewal

1 San Lorenzo Creek 1. Grant Avenue Staging Area to San Lorenzo Creek 1 San Lorenzo Creek Channel Maintenance Road (South) 1 Grant Avenue San Lorenzo Creek Bridge 2. Bockmann Channel Bridge 3. Sulphur Creek Bridge 4. Hayward Landing Flood Control Channel (North)

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Hayward Flood Control Channel Landing

SAN FRANCISCO BAY TRAIL (SAN LORENZO SHORELINE TRAIL) Acquisition, Stewardship & ¯ Development Division Alameda County Flood Control and December 12, 2014 (Rev 2015) t:/bstone/mxd projects/ Water Conservation District trails/sfbaytrail/ License Renewal Feet sfbt_acfc-SanLorenzo license.mxd 0250 500 1,000 1,500 2,000

43 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Execute Contract with Mt. Lassen Trout Farms for Channel Catfish for 2015 (Graul/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to award the 2015 contract for the District’s catchable channel catfish requirements to Mt. Lassen Trout Farms.

REVENUE/COST

This board action will award the contract based on price per pound for fish purchases. Fish purchase amounts will not exceed annual fish stocking budgets. $107,510 was allocated to purchase catfish for 2015. Approximately $81,671 remains in the catfish budget account 101- 7465-000-5128.

SOURCE OF FUNDS Current Budget Balance (2015) Catchable Channeled Catfish $ 107,510

USE OF FUNDS Outstanding invoices for previous vendor (Spangler Aquaculture) $ (25,839) Available Funds: 21,268 lbs. @ $3.84/lb. (Mt. Lassen Trout Farms) (81,671)

Total Catchable Channeled Catfish program $ 107,510

BACKGROUND

The East Bay Regional Park District maintains popular recreational fisheries in 9 lakes and ponds within its jurisdiction. In order to maintain top quality freshwater fisheries, the District needs to procure channel catfish from private hatcheries. Per Board Resolution 2013-10-231, the Board approved and the District budgeted $525,000 for the purchase of fish in 2015 (GL Account: 101-7465-000-5128: Fisheries Management/Fish Plants). The District’s fish stocking program is funded with District fishing access permit fees. Bids were

44 solicited from 13 rainbow trout suppliers and 15 channel catfish suppliers.

The Board of Directors previously awarded the contract for 2014 and 2015 to Spangler Aquaculture, the lowest bidder for channel catfish at $3.19 per pound, under Board Resolution 2013-10-231. However, this vendor is unable to provide the weekly amount agreed upon with the District. Mt. Lassen Trout Farms submitted the second lowest bid amount at a price of $3.84 per pound.

The District has discontinued the 2014 and 2015 contract with Spangler Aquaculture due to their inability to meet product demands. Mt. Lassen Trout Farms was the second lowest bidder for the 2014 and 2015 contract and has provided the District with catchable channel catfish to support the recreational fisheries in District lakes and reservoirs in past years. Their product and delivery service has been inspected and found to meet the District’s requirements.

Staff recommends that Mt. Lassen Trout Farms be awarded the contract for the remainder of 2015 budget balance of channel catfish to fulfill the 2015 demand of approximately 21,268 pounds.

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO EXECUTE CONTRACT WITH MT. LASSEN TROUT FARMS FOR CHANNEL CATFISH FOR 2015

WHEREAS, the East Bay Regional Park District maintains popular recreational fisheries in 9 lakes and ponds within its jurisdiction; and

WHEREAS, in order to maintain top quality freshwater fisheries, the District needs to procure channel catfish from private hatcheries; and

WHEREAS, per Board Resolution 2013-10-231, the Board previously approved $525,000 for the purchase of fish in 2015 (GL Account: 101-7465-000-5128: Fisheries Management/Fish Plants); and

WHEREAS, the current vendor, Spangler Aquaculture, is unable to meet the District’s weekly demand for channel catfish; and

WHEREAS, Mt. Lassen Trout Farms submitted the second lowest bid of $3.84 per pound for channel catfish;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby award a 2015 channel catfish contract to Mt. Lassen Trout Farms; and

Moved by Director , seconded by Director and approved this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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47 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Transfer Funds and Enter into a Sole Source Contract with Moffat & Nichol for Marine Engineering Consulting Services: Robert W. Crown Memorial State Beach/Alameda Beach (Rasmussen/Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer of $318,948.94 and a sole source contract for marine engineering consulting services with Moffatt & Nichol, Walnut Creek, CA in an amount not to exceed $74,738.

REVENUE/COST

SOURCE OF FUNDS

Crown Beach: Dubai Star Resource Restoration (508300)

Existing Budget $ 398,913.91 Transfer from (547700-DS10) Crown Beach: Sand Replacement remaining balance 318,948.94 Funds Available after Transfer $ 717,862.85

USE OF FUNDS

Crown Beach: Dubai Star Resource Restoration (508300)

Revised Budget $ 717,862.85 Encumbrances and Expenditures to date (11,098.84) Marine Engineering Consultant (74,738.00) Balance Available $ 632,026.01

BACKGROUND

On October 30, 2009, approximately 400 gallons of bunker fuel spilled during fueling operations for the M/T Dubai Star. As a result of the spill, the owners of the M/T Dubai Star working with the District and resource agencies agreed to pay $356,000 to compensate for the injured natural resources. The project will complete 100-foot extension of the Park Street Groin at Crown Beach and remove 0.75 acres of invasive weeds and put in native plants along 1,720 feet of shoreline in 6.23 acres of the Elsie Roemer Marsh. The project budget for the Dubai Star Resource Restoration Project (508300) was established soon after the Cosco Busan Oil Spill in 2009. In 2014, the

48 District’s engineer determined that the cost of the project was over $700,000 including design, construction, inspection and restoration plantings. Therefore the additional $318,948.94 transfer of District General Funds is from the completed FEMA sand replacement project (547700) is recommended to fully fund the project.

Moffatt & Nichol engineered the original beach and shoreline protection system in the early 1980’s, including the beach cross section, sand gradation, sand dune system and the groin structures that form the sand traps at Crab Cove and Park Street. They also prepared the preliminary engineering study to justify the sand loss due to the FEMA funded 2006 storm event and the Initial Study for the full sand replacement project. Moffatt & Nichol’s history as engineers of record for the original beach system design and their recent experience with the FEMA storm related project makes them uniquely qualified to perform this work. Time is also of the essence as six years have passed since the spill and if another storm hits Crown Beach more sand will be washed into Elsie Roemer Marsh.

ALTERNATIVES

None are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 7-

July 21, 2015

AUTHORIZATION TO TRANSFER FUNDS AND ENTER INTO A SOLE SOURCE CONTRACT WITH MOFFAT & NICHOL FOR MARINE ENGINEERING CONSULTING SERVICES: ROBERT W. CROWN MEMORIAL STATE BEACH/ALAMEDA BEACH

WHEREAS, on October 30, 2009, approximately 400 gallons of bunker fuel spilled during fueling operations for the M/T Dubai Star and as a result of the spill, the owners of the M/T Dubai Star working with the District and resource agencies agreed to pay $356,000 to compensate for the injured natural resources; and

WHEREAS, the project will complete 100-foot extension of the Park Street Groin at Crown Beach and remove 0.75 acres of invasive weeds and put in native plants along1,720 feet of shoreline in 6.23 acres of the Elsie Roemer Marsh; and

WHEREAS, the project budget for the Dubai Star Resource Restoration Project (508300) was established soon after the Cosco Busan Oil Spill in 2009 and in 2014, the District’s engineer determined that the cost of the project was over $700,000 including design, construction, inspection and restoration plantings; and

WHEREAS, the East Bay Regional Park District desires to enter into a sole source contract for marine engineering consulting services with Moffatt & Nichol, Walnut Creek, CA to include completion of the CEQA documentation, permit support, engineering design, estimate, bid document preparation and construction support for the project; and

WHEREAS, Moffat & Nichol is uniquely qualified to perform this work because of their history as engineers of record for the original beach system design, experience developing the engineering study to justify the sand loss due to the 2006 storm event for the FEMA project and engineering for the full beach replacement project;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the General Manager to execute a sole source contract for consulting services with Moffatt & Nichol, Walnut Creek, CA in an amount not to exceed $74,738 from Project # 508300-Crown Beach: Dubai Star Resource Restoration; and

BE IT FURTHER RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the budget transfer per the Budget Change form attached hereto transferring $318,948.94 from (547700-DS10) Crown Beach: Sand Replacement to Crown Beach: Dubai Star Resource Restoration (508300), and

50 Moved by Director , seconded by Director and approved this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

51 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation X Between Funds From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA-Design Account Name: Expense: OTA-Design Administration-Crown Beach-Other Administration-Crown Beach-Other Services/Replace Sand Project-Dept Services/Replace Sand Project-District Boating & Waterways Grant-Contracted Funds-Contracted Work Work

Account: 336-7110-409-6191/547700 Account: 336-7110-409-6191/508300 DS10-009 $ 318,948.94 DS10-009 $ 318,948.94 REASON FOR BUDGET CHANGE ENTRY

As being presented at the Board of Directors meeting on July 21, 2015, the General Manager recommends that the Board of Directors authorize the transfer for General Fund budget from project 547700 to replace the sand at Crown Beach to project 508300 that will restore habitat at the same location.

As approved at the Board of Directors Meeting on date: 7/21/2015 Board of Directors Resolution Number: 2015-07 Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\13 - July 21, 2015\FROM DAP\C-1-i 547700 Transfer DS10 to 508300 1 of 1

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53 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

I. CONSENT CALENDAR

e. Authorization to Establish the Classification, Unit Designation and Salary Range for Creative Design Manager and Add 1.0 FTE for this Classification to the Public Affairs Division (Beshears/Johnson)

RECOMMENDATION

The General Manager recommends that the Board of Directors of the East Bay Regional Park District authorize establishment of the Creative Design Manager classification at the MG02 salary range and add 1.0 FTE position to the Public Affairs Division.

REVENUE/COST

This action establishes the classification of Creative Design Manager. The annual salary and benefits cost of the 1.0 FTE Creative Design Manager position will be approximately $181,500. It is intended that the position will be filled this year; however, the 2015 cost of the new manager can be accommodated within the approved Public Affairs Division budget due to salary savings from the vacancy of the Foundation Program Budget Manager position. Therefore no change in the Division’s 2015 budget is being requested at this time.

Approval of this position will result in an increased base budget cost for the District in 2016 and future years. Staff will adjust the Proposed 2016 Base Budget to include additional funding for this FTE.

BACKGROUND

The Environmental Graphics and Exhibit Design units merged in January 2014. The combined work group totals seven staff, with two supervisors who currently oversee the workload. These supervisors both report directly to the Assistant General Manager (AGM) for Public Affairs. This is the only District division where two field based supervisors report directly to an AGM.

54 The purpose of the Environmental Graphics and Exhibit Design merger was to improve efficiencies and reduce duplication that are mutually compatible between the workgroups, while working out of one shared physical location. Desired efficiencies of the merger include:

 workflow and project management systems  use of technology, equipment and training  purchasing and supply management  standardization and continuity of graphic design and District branding

Given the increasing workload of the newly merged Environmental Graphics and Exhibit Design units, it became apparent that establishing a manager classification is necessary to oversee these technical proficiencies and to implement the goals set by the merger. The new workgroup name will be changed to Creative Design Services to reflect the totality of the creative type of work completed by combined work units. Human Resources staff has reviewed the request and determined the proposed new Creative Design Manager classification is appropriate to manage the Creative Design Services workgroup to accomplish the goals set by the merger of the Environmental Graphics and Exhibit Design units. Although the new classification is designated as management and does not require Union approval, staff has met and reviewed the reorganization plan with AFSCME Local 2428. ALTERNATIVES

No alternatives are recommended.

55 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 07 -

July 21, 2015

AUTHORIZATION TO ESTABLISH THE CLASSIFICATION, UNIT DESIGNATION AND SALARY RANGE FOR CREATIVE DESIGN MANAGER AND ADD 1.0 FTE FOR THIS CLASSIFICATION TO THE PUBLIC AFFAIRS DIVISION

WHEREAS, the District’s annual budget authorizes funding appropriations and positions approved by the Board; and

WHEREAS, the Board of Directors is responsible for establishing the title, compensation and representation of each job classification at the District; and

WHEREAS, the Environmental Graphics and Exhibit Design units merged in January 2014 to improve efficiencies and reduce duplication amongst the workgroups; and

WHEREAS, it has been determined that it is in the best interest of the District to establish the Creative Design Manager classification to provide oversight and day-to-day management of the two merged Environmental Graphics and Exhibit Design work units; and

WHEREAS, the General Manager has reviewed and approved of the proposed changes; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the classification of Creative Design Manager at the MG02 salary range and adds 1.0 FTE in this classification to the District’s authorized positions for Public Affairs; and

BE IT FURTHER RESOLVED, that the Public Affairs Budget will absorb the 2015 cost of this position within the current personnel budget and further budget/FTE adjustments will be incorporated into the 2016 Proposed Budget as necessary; and

Moved by Director , seconded by Director , and approved this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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57 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Award a Contract to Valley Slurry Seal International for Fiberized Slurry Seal and Stripe: Tilden Regional Park (Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the award of contract to Valley Slurry Seal International of West Sacramento, California for slurry sealing roads in Tilden Park.

REVENUE/COST

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

SOURCE OF FUNDS: Total Available Funds $ 1,129,375 Less Project # 520700 – Pave Roads and Trails 341,488 Total Remaining $ 787,887

USE OF FUNDS: Valley Slurry Seal International Base Bid Price $ 301,488 Contingency 40,000 Total Encumbrance $ 341,488

BACKGROUND

The Board of Directors and staff are committed to preserving and maintaining the District’s existing infrastructure. An important component of this infrastructure is the District’s network of paved roads, trails, and parking lots. This project will maintain and repair Central Park Road, Lake Anza Road, and two miles of the Nimitz Trail in Tilden Park.

58 The Notice to Bidders was published on May 21, 2015 in the McGraw Hill Construction Plan Room. Two firms purchased Bid Documents and two firms submitted bids on Thursday, June 22, 2015 as follows:

PLANHOLDER BASE BID TOTAL

Valley Slurry Seal International $ 301,488.00

California Paving Maintenance $ 306,838.00

Staff’s cost estimate for this project was between $300,000 and $350,000.

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

ALTERNATIVES

None are recommended.

59 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 7 -

July 21, 2015

AUTHORIZATION TO AWARD A CONTRACT TO VALLEY SLURRY SEAL INTERNATIONAL FOR FIBERIZED SLURRY SEAL AND STRIPE: TILDEN REGIONAL PARK

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, the asphalt repairs for Fiberized Slurry Seal and Striping in Tilden Regional Park are included in the ongoing District-wide Pavement Maintenance and Preservation Program (PMPP); and

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

WHEREAS, requests for bids for the Tilden Park Fiberized Slurry Seal and Striping were solicited and received; two firms submitted qualified bids of which, Valley Slurry Seal International was the lowest responsible bidder; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract for services to Valley Slurry Seal International, West Sacramento, California for a total not to exceed $341,488 , which includes a $40,000 contingency from Account 336-5940-654-6444-520700-372; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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61 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

l. Authorization to Execute an Agreement to Partner with Alameda County Resource Conservation District and Natural Resources Conservation Service to Restore Ponds: Garin Regional Park (Margulici/Graul/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to execute an agreement to partner with Alameda County Resource Conservation District (ACRCD) and Natural Resources Conservation Service (NRCS) to utilize grants to restore ponds at Garin Regional Park.

REVENUE/COST

This action proposes that the District partner with the ACRCD and NRCS for the implementation of approximately $125,000 in grants from the ACRCD and NRCS to restore four ponds at Garin Regional Park. Under this partnership, the District would provide approximately $15,000 in matching funds from existing funds budgeted in 101-7440-000-6414 grazing program services for a total project cost of approximately $140,000. This project will improve grazing operations at Garin and will not likely increase the operational cost of the District.

BACKGROUND

Under the proposed partnership, the ACRCD and NRCS would implement federal grants from the federal EQIP program and state grants from the Coastal Conservancy to restore four ponds at Garin. The proposed project includes permitting and is focused on the reconstruction of ponds to improve livestock watering facilities and habitat for endangered species such as the red legged frog. Under this proposed partnership, the ACRCD and NRCS would make payments directly to the District’s grazing tenants or their contractors for implementation of the project or passed through the District. Matching funds from the District will be paid from existing grazing program funds.

ALTERNATIVES

62 No alternatives are recommended.

63 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 7 -

July 21, 2015

AUTHORIZATION TO EXECUTE AN AGREEMENT TO PARTNER WITH ALAMEDA COUNTY RESOURCE CONSERVATION DISTRICT AND NATURAL RESOURCES CONSERVATION SERVICE TO RESTORE PONDS: GARIN REGIONAL PARK

WHEREAS, the District wishes to partner with the Alameda County Resource Conservation District (ACRCD) and Natural Resources Conservation Service (NRSC) for the implementation of approximately $125,000 in grants from the federal EQIP Program and state grants from the Coastal Conservancy to restore four ponds at Garin Regional Park; and

WHEREAS, under this partnership the District would provide approximately $15,000 in matching funds from existing budgets in 101-7440-000-6414 grazing program services for a total project cost of approximately $140,000; and

WHEREAS, under the proposed partnership, the ACRCD and NRCS would make payments directly to the District’s grazing tenants or their contractors for implementation of the project or pass grants through the District;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby approves executing an agreement with the ACRCD and NRSC for the implementation of the project; and

BE IT FURTHER RESOLVED, that the Board of Directors hereby authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services, on behalf of the District and in its name, to execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and

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

Moved by Director , seconded by Director , and approved this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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65 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an application for grant funds through the California Cultural and Historical Endowment Museum Grant Program under the California Natural Resources Agency in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40), and if the grant is awarded appropriate $250,000 in Measure WW bond funds for the Crab Cove Visitor Center Expansion at Crown Memorial State Beach.

REVENUE/COST

This action proposes the approval of the grant application seeking $250,000 for the Crab Cove Visitor Center Exhibit Expansion project, and if awarded, the appropriation of $250,000 in Measure WW development funds from the Crown Beach allocation area (WP18); in which the current available balance is $2,800,000. This project will not increase the ongoing operational cost of the District.

BACKGROUND

The California Cultural and Historical Endowment (CCHE) is a state entity tasked with preserving and protecting California’s cultural resources. In 2013, Governor Jerry Brown signed Assembly Bill 482, which transferred CCHE to the California Natural Resources Agency and authorized creation of a specified competitive grant program to support small capital projects in museums. $2 million is currently available from Proposition 40 bond funds.

66 The Crab Cove Visitor Center meets the criteria of a "museum" under this grant program: “A public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis.” This includes natural science and natural history museums, and living collections such as aquariums.

The District would use WW and grant funds to convert the former exhibit lab at Crab Cove into useable exhibit, teaching, and program preparation spaces. All restrooms and other applicable features would be upgraded to current codes, and American with Disabilities Act (ADA) standards.

If the District successfully obtains these grant funds staff will return to the Board for any related contracts necessary for this project, as required by the Board Operating Guidelines.

ALTERNATIVES

No alternatives are recommended.

67 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 7 -

July 21, 2015

AUTHORIZATION TO FILE AN APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT’S MUSEUM GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 (PROPOSITION 40) AND IF GRANT IS AWARDED APPROPRIATE MEASURE WW BOND FUNDS FOR THE CRAB COVE VISITOR CENTER EXHIBIT EXPANSION: CROWN MEMORIAL STATE BEACH

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and

WHEREAS, the California Cultural and Historical Endowment has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and

WHEREAS, said procedures established by the California Cultural and Historical Endowment require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and

WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project; and

WHEREAS, the District is seeking funds to convert the former exhibit lab at the Crab Cove Visitor Center into useable exhibit, teaching, and program preparation spaces.

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

1. Approves the filing of an application for the Crab Cove Visitor Center Exhibit Expansion project; and

2. Determines applicant is eligible to apply for a State grant due to status as a 501 (c) 3 non-profit organization, government entity, or Federally Registered tribe; and

3. Certifies that applicant understands the assurances and certification in the application herein; and

4. Certifies applicant organization has long-term control of the property and will provide satisfactory documentation of the long-term control as part of the grant agreement development process; and

68 5. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and

6. Certifies the proposed project/organization is free of any legal challenges that could undermine progress on the project; and

7. Gives State permission to publish any provided digital image to its website and to crop or resize the image; and

8. Agrees to acknowledge State’s support in any news media, brochures, articles, publications, seminars, exhibits, buildings, displays, products, or other promotion materials about the funded project; and

9. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 84 Funds, and

10. Agrees that projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with all current laws and regulations which apply to the Project, including, but not limited to, labor codes related to prevailing wage, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, disabled access and historic preservation laws and environmental laws. Grantee will be required to certify that, prior to commencement of construction, all applicable permits and licenses (e.g., state contractor’s license) will be obtained; and

11. Agrees to adhere to the Americans with Disabilities Act of 1990 (ADA) and the 2010 ADA Standards for Accessible Design. Title III of the ADA covers places of public accommodation (such as museums, libraries, and educational institutions) and includes a specific section regarding new construction and alterations in public accommodations; and

12. Agrees that projects involving construction, renovation, repair, rehabilitation, or ground or visual disturbances must comply with the National Historic Preservation Act and NAGPRA (Native American Graves Protection and Repatriation Act); and

13. Waives all rights to privacy and confidentiality of the material submitted to State, and

14. Agrees to execute a grant agreement prior to the encumbrance deadline of June 30, 2017, and will caused work on the project to be commenced within a reasonable time after encumbering the funds, so that the project will be complete and the final invoice submitted to the State by May 1, 2019; and

15. Agrees that for all property acquired or developed with Museum Grant funds, applicant will accept, sign, notarize, and record a declaration of covenants,

69 conditions, and restrictions (deed restrictions) which attaches the conditions of the grant, as set forth in the grant agreement, on the use and enjoyment of the property until the end land tenure date specified in the grant agreement; and

16. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services, on behalf of the District and in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests, and amendments, and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and

BE IT FURTHER RESOLVED, that if the grant is awarded, the Board of Directors of the East Bay Regional Park District will appropriate $250,000 in Measure WW development funds (WP18) from Crown Beach allocation area to improve the visitor center, restore beach, complete park boundary to the Crab Cove project; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote,

FOR:

AGAINST: ABSTAIN: ABSENT:

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71 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Authorization to File an Application for Grant Funds for the California River Parkways Grant Program in accordance with the California River Parkways Act of 2004, for Creek Restoration and Public Access: Sibley Regional Preserve (Margulici/Graul/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an application for grant funds through the California River Parkways Grant Program under the California Natural Resources Agency in accordance with the California River Parkways Act of 2004 for the McCosker Creek Restoration and Public Access project at Sibley Regional Preserve.

REVENUE/COST

This action proposes approval of a grant application of $500,000 for the McCosker Creek Restoration and Public Access project. Completion of this project will require that the District budget for additional annual monitoring and maintenance costs, expected to be less than $10,000/year. These expenses will be recommended in future annual operating budgets upon completion of the project.

BACKGROUND

The California Natural Resources Agency will be awarding approximately $7.6 million dollars for the acquisition, restoration, protection, and development of river parkways in accordance with the California River Parkways Act of 2004.

This project would restore a section of McCosker Creek in the upper San Leandro Creek watershed that has been forced into a culvert that has failed, is approximately 1,600 feet long, and dangerous sink holes have opened up. The project would daylight the creek, restore its banks, and provide for public access. After project completion, District staff will provide ongoing maintenance, including required monitoring.

If the District successfully obtains these grant funds staff will return to the Board for any related contracts necessary for this project, as required by the Board Operating Guidelines.

ALTERNATIVES

No alternatives are recommended.

73 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015-7-

July 21, 2015

AUTHORIZATION TO APPLY FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM IN ACCORDANCE WITH THE CALIFORNIA RIVER PARKWAYS ACT OF 2004, FOR CREEK RESTORATION AND PUBLIC ACCESS: SIBLEY REGIONAL PRESERVE

WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and

WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and

WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and

WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the project; and

WHEREAS, staff has concluded the project proposed for funding with grants would be environmentally beneficial and create new recreation opportunities;

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

1. Approves the filing of an application for the (McCosker Creek Restoration and Public Access Project);

2. Certifies that Applicant understands the assurances and certification in the application; and,

3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and,

4. Certifies that it will comply with all provisions of Section 1771.5 of the California Labor Code; and,

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will

74 have been obtained; and,

6. Certifies that applicant will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and

7. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services, on behalf of the District and in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and

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

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote,

FOR:

AGAINST: ABSTAIN: ABSENT:

75 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Authorization to Purchase Replacement Desktop Computers from Dell Computer Corporation (Tallerico/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the expenditure of up to $65,800 for the purchase of 100 desktop replacement computers from Dell Computer Corporation.

REVENUE/COST

The estimated cost to purchase 100 desktop computers is $65,800. These funds are budgeted and available in the 2015 Information Services Equipment Account No. 101-4150-000-5372. This action would authorize an encumbrance of these funds in the amount of $65,800 for this purpose.

BACKGROUND

Each year, approximately one-third of the desktop computer fleet is replaced as the warranties expire and the equipment becomes obsolete. Staff plans to replace approximately 200 desktop computers in the District. The estimated replacement cost allows the District to stagger the delivery of equipment, take advantage of extended warranty periods, and reduce the warehousing of equipment.

The District uses Dell computers as the standard for desktop use. These purchases are made under the Western States Contracting Alliance (WSCA) Contract No. B27160 pricing; this eliminates the State law requirement to bid for equipment purchases. Although bidding is not required, Board authorization is necessary since the purchase amount exceeds $25,000.

ALTERNATIVES

Should the Board not approve this purchase, the older computers in the District’s inventory would not be replaced in 2015. This action is not recommended.

76 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 7 -

July 21, 2015

AUTHORIZATION TO PURCHASE REPLACEMENT DESKTOP COMPUTERS FROM DELL COMPUTER CORPORATION

WHEREAS, the District utilizes desktop computers to support District activities; and

WHEREAS, the District purchases equipment from one vendor, Dell Computer Corporation (Dell), to minimize equipment, training and service conflicts; and

WHEREAS, purchases from Dell qualify for Western States Contracting Alliance (WSCA) pricing which satisfies State law requiring bidding for equipment purchases; and

WHEREAS, Staff plan to purchase 100 desktop computers at the cost of $65,800 as part of its annual desktop replacement program; and

WHEREAS, all purchases in excess of $25,000 require approval by the Board of Directors;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby confirm and authorize the purchase of 100 desktop computers from Dell Computer Corporation in the amount of $65,800, to be funded from the Information Services Equipment Account No.101-4150-000-5372; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSENT: ABSTAIN:

77 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

p. Resolution to Support Pending Federal Legislation S. 1078 (Heinrich) and H.R. 2014 (Kind) Healthy Kids Outdoors Act (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support S. 1078 and H.R. 2014.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

The Healthy Kids Outdoors Act will provide incentives to states to develop cross-cutting, five- year strategies to get children and families active in the great outdoors. If a state such as California were to implement a strategy, the bill provides for subgrants to local partners to help implement the strategy. “Parks and recreation departments or districts” are eligible to partner. The overall three-year price tag for the program is $6 million, so it’s not a ton of money, but it would be a positive step forward and the District should encourage our delegation to support.

The bill would also direct the President to involve federal agencies and national partners to create a similar plan at the national level and support research further documenting the health, conservation and other benefits of active time spent outdoors in the natural world. These bills have the support of the Outdoors Alliance for Kids which consists of: National Recreation and Park Association (NRPA), the Children and Nature Network, the North Face, REI, National Wildlife Federation, Sierra Club, the American Heart Association and the Outdoor Foundation.

The bill complements Healthy Parks, Healthy People. Kids spend an average of 7.5 hours a day in front of electronic devices and as few as four minutes each day outside. Not only are these kids missing out on our country’s scenic wonders, but they are becoming increasingly overweight and obese. Approximately 13 million U.S. children and adolescents are obese, a rate that has tripled since 1980. Estimated at $14 billion annual, childhood obesity health expenses are taking a toll on our health care system.

The bill also recognized the economic benefits of getting people outdoors. On a national level, outdoor recreation contributes $730 billion annually to the economy (including $289 billion in

78 retail sales and services), supports 6.5 million jobs, and provides sustainable growth in many rural communities – one more reason to encourage it and make it accessible.

ALTERNATIVES

None recommended.

79 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 7 –

July 21, 2015

RESOLUTION TO SUPPORT PENDING FEDERAL LEGISLATION S. 1078 (HEINRICH) AND H.R. 2014 (KIND) HEALTHY KIDS OUTDOORS ACT

WHEREAS, S. 1078 (Heinrich) and H.R. 2014 (Kind) would encourage statewide strategies to get children and families active in the great outdoors; and

WHEREAS, the legislation would provide grants to states and subgrants to local partners to help implement the statewide strategies; and

WHEREAS, these bills could complement the California Children’s Outdoor Bill of Rights and the District’s Kids Healthy Outdoors Challenge; and

WHEREAS, the legislation is consistent with the District’s Healthy Parks, Healthy People initiative which is significantly focused on the physical and mental health of our children; and

WHEREAS, the Healthy Kids Outdoors Act would help connect more children and their families to outdoor activity; and

WHEREAS, this legislation would advance these goals at a national level and could also provide the District additional resources to fulfill its mission.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 1078 and H.R. 2014; and

BE IT FURTHER RESOLVED, 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 21st day of July, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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81 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

q. Resolution to Support Pending Federal Legislation S. 1069 (Blumenthal) and H.R. 781 (Connolly): Complete America’s Great Trails Act (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support S. 1069 and H.R. 781.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

The Complete America’s Great Trails Act – has the potential to significantly benefit some of the most spectacular trails in America. This proposed legislation would grant a tax credit to private landowners who provide conservation easements to certified National Scenic Trails – resulting in a low-cost incentive for willing landowners to donate easements that would increase trail connectivity. This means private landowners have a new incentive to allow hikers to pass through their property, and trails get a guaranteed corridor that protects the connectivity and continuity of the hiking experience for years to come. The Juan Bautista de Anza National Historic Trail could benefit from this legislation. While it may be a challenge to pass this legislation in the current political climate, it is a positive precedent and the District should encourage our delegation to support. Currently, only Senator Feinstein is a cosponsor.

ALTERNATIVES

None recommended.

82 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 7 –

July 21, 2015

RESOLUTION TO SUPPORT PENDING FEDERAL LEGISLATION S. 1069 (BLUMENTHAL) AND H.R. 781 (CONNOLLY): COMPLETE AMERICA’S GREAT TRAILS ACT

WHEREAS, this bill has the potential to significantly benefit some of the most spectacular trails in America; and

WHEREAS, this proposed legislation would grant a tax credit to private landowners who provide conservation easements to certified National Scenic Trails – resulting in a low-cost incentive for willing landowners to donate easements that would increase trail connectivity; and

WHEREAS, the Juan Bautista de Anza National Historic Trail, the San Francisco Bay Trail and the Bay Area Ridge Trail could all potentially from this legislation; and

WHEREAS, this is a positive precedent at the Federal level and the District encourages support for this approach.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 1069 and H.R. 781; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

83 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

r. Resolution to Support Pending Federal Legislation S. 890 (Cantwell) and H.R. 1814 (Grijalva) Permanent Reauthorization of the Land and Water Conservation Fund (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support S. 890 and H.R. 1814.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

The full funding for the Land and Water Conservation Fund (LWCF) bill has been reintroduced. S. 890 and H.R. 1814 amends the Land and Water Conservation Fund Act of 1965 to provide consistent and reliable authority for full, dedicated funding of the fund – without further appropriation. Despite being law for more than four decades, the LWCF has only been fully funded (authorized at $900 million a year) once since its inception. As a result, only about half the oil and gas receipts that are supposed to fund vital recreation access, and land and water conservation work have gone to their intended purpose. This permanent funding allocation would ensure the original LWCF promise is kept – that a small portion of revenues generated by oil drilling would be put back into work which benefits communities, ecosystems and economies.

The President’s budget request includes a path to full ($900 million) and dedicated funding for the LWCF. Congress is likely to fund LWCF somewhere around the $300 million level. Reauthorization of the overall LWCF program is still up in the air. On January 29th, Senator Richard Burr (R-NC) offered an amendment to the Keystone XL Pipeline legislation to permanently reauthorize the LWCF program. The amendment received 62 votes, but three Senators – Jerry Moran (R-KS), David Perdue (R-GA) and Johnny Isakson (R-GA) – switched their votes after Majority Leader Mitch McConnell (R-KY) spoke to them for 20 minutes on the floor. The amendment ultimately failed 59-39. This good showing on the floor portends well for action later in the year.

Over the years, the District has received over $14 million in LWCF dollars. The District has a long history of supporting full funding for LWCF, and this resolution is consistent with that 84 history. The legislation is cosponsored by Senator Boxer and all East Bay Reps. – DeSaulnier, Honda, Lee, McNerney, Swalwell and Thompson.

ALTERNATIVES

None recommended.

85 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 7 –

July 21, 2015

RESOLUTION TO SUPPORT PENDING FEDERAL LEGISLATION S. 890 (CANTWELL) AND H.R. 1814 (GRIJALVA) PERMANENT REAUTHORIZATION OF THE LAND AND WATER CONSERVATION FUND

WHEREAS, S. 890 (Cantwell) and H.R. 1814 (Grijalva) amend the Land and Water Conservation Fund (LWCF) Act of 1965 to provide consistent and reliable authority for full, dedicated funding of the fund; and

WHEREAS, by fully funding the LWCF to $900 million annually it would be appropriate for the stateside grant program to allocate approximately half the fund’s resources to competitive local projects; and

WHEREAS, throughout the nearly 40 year history of LWCF, the East Bay Regional Park District has successfully competed for over $14 million in stateside grant funding for the acquisition and development of highly used regional parks; and

WHEREAS, the LWCF has played a valuable role in the development of at least 15 of the 65 units in the East Bay Regional Park District system; and

WHEREAS, fully funding the stateside portion of the LWCF would significantly benefit open space and resource conservation stewardship efforts in the East Bay, all of California and the entire country.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 890 and H.R. 1814; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

87 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

s. Resolution to Support Pending Federal Legislation: Senate Bill 630 (Feinstein) and House of Representatives Bill 1208 (Garamendi): Sacramento-San Joaquin Delta National Heritage Area Establishment Act (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the Board of Directors adopt a resolution to support S. 630 and H.R. 1208.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

Senator Dianne Feinstein and Representative John Garamendi has reintroduced their bills to create a National Heritage Area within the National Park Service for the Delta. The designation is designed to protect and promote the cultural, historical and natural assets of the region. The legislation would authorize modest funding to the California Delta Protection Commission to implement the National Heritage Area, with up to a 50% Federal cost-share for improvement projects. Private property owners and tribes are explicitly protected in the legislation and capable of opting out of any recommendations. State water procurement policy is not within the mission statement of the National Heritage Area. There is also a specific prohibition on the acquisition of real property with any Federal funds provided to the heritage area.

The designation has both tangible and intangible benefits. The heritage area concept offers an innovative method for citizens, in partnership with local, state and Federal government, and nonprofit and private sector interests, to shape the long-term future of their communities. It connects local citizens to preservation and planning process. Heritage conservation efforts are grounded in a community's pride in its history and traditions, and in residents' interest and involvement in retaining and interpreting the landscape for future generations. It offers a collaborative approach to conservation that does not compromise traditional local control over and use of the landscape. The partnership approach creates the opportunity for a diverse range of constituents to come together to voice a range of visions and perspectives. Partners collaborate to shape a plan and implement a strategy which focuses on the distinct qualities that make their region special. Designation comes with limited financial and technical assistance 88 from the National Park Service. District staff was instrumental in ensuring the Carquinez Strait was included in the heritage area. Heritage designation could create more recreation and interpretation opportunities for the District particularly at Big Break, as well as possible partnerships with other engaged entities. Senator Boxer and East Bay Reps. DeSaulnier, McNerney and Thompson all cosponsor.

ALTERNATIVES

None recommended.

89 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 - 7 –

July 21, 2015

RESOLUTION TO SUPPORT PENDING FEDERAL LEGISLATION S. 630 (FEINSTEIN) AND H.R. 1208 (GARAMENDI): SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA ESTABLISHMENT ACT

WHEREAS, S. 630 (Feinstein) and H.R. 1208 (Garamendi) would establish the Sacramento-San Joaquin Delta National Heritage Area to protect and promote the cultural, historical and natural assets of the region; and

WHEREAS, the legislation includes the Carquinez Strait as part of the designated heritage area; and

WHEREAS, Big Break Regional Shoreline provides public access to the Delta, and has interpretative displays about the Delta; and

WHEREAS, the Big Break Visitor Center at the Delta provides hands-on scientific and environmental education opportunities; and

WHEREAS, the District could benefit by partnering with the National Park Service and other stakeholders in the designated heritage area; and

WHEREAS, support for these identical bills is consistent with the District’s interest in increasing awareness and expanding recreational use of the Delta.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 630 and H.R. 1208; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

90 ACQUISITION STEWARDSHIP DEVELOPMENT DIVISION

91 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize staff to execute and record an Affidavit of Death of Life Tenants and transfer and appropriate funds for the conveyance of title to Rowell Ranch’s Camp Bertha Life Estate and related acquisition expenses.

REVENUE/COST

The 4,236-acre Rowell Ranch in the heart of the Ohlone Wilderness Regional Preserve was acquired by the Park District on July 13, 1976 for $804,650. The ranch was acquired subject to a life estate held by seven individuals over a remote 278.93-acre retreat on its western edge known as Camp Bertha. With the passing of the last life estate holder in late 2014, unrestricted title may now be conveyed to the District along with the site’s operational and management responsibilities. This Board action transfers and appropriates Measure WW acquisition funds from the Ohlone Allocation Area for acquisition expenses as follows:

SOURCE OF FUNDS Ohlone Acquisition Allocation Area available before this action: $7,190,000 Transfer/Appropriate From: Designated Acquisitions – Measure WW – Undesignated (CIP 229900WW00) $252,000 WW Remaining Balance $6,948,000

USE OF FUNDS Transfer/Appropriate To: Rowell (Camp Bertha)/Sunol Ohlone - Acquisition (CIP 244000WP46)

92 Title and Escrow 10,000 Staff Time 10,000 Historic Resource Assessment 10,000 Environmental Assessment 3,000

Rowell (Camp Bertha)/Sunol Ohlone – Safety and Security (CIP244001): Road and Trail Improvement 1,500 Signage 1,000 Fencing and Gates 40,000 Utilities Repair 7,000 Hazardous Tree Work 10,000 Structure Stabilization and Security 10,000 Haz Mat/Lead/Asbestos Assessment 9,000 Haz Mat Abatement & Disposal 48,000 Demolition 90,000 Noxious Weed Abatement 2,500 Total Cost $252,000

BACKGROUND

On July 6, 1976, by Resolution No. 1976-07-174, the Board of Directors authorized staff to purchase, under threat of condemnation, the 4,236-acre Rowell Ranch in order to establish the future “Wauhab/Valpe Regional Wilderness,” now known as the Ohlone Wilderness Regional Preserve. The future parkland was so named for the two main ridges running northwest to southeast across the northern Diablo Range lying to the east of Sunol Wilderness Regional Preserve (Sunol) and to the south of Del Valle Regional Park (Del Valle) in southeastern Alameda County. Rowell Ranch is within the watershed of Alameda Creek and includes the headwaters of San Antonio, La Costa and Indian Creeks which flow into San Antonio Reservoir. A key feature of the property includes Rose Peak at 3,817 feet, one of the highest points in Alameda County and only 32 feet lower than Mt. Diablo.

Rowell Ranch was sold to the Park District subject to a life estate held by seven individuals over its 278.93-acre backwoods hunting and camping retreat known as Camp Bertha. Wauhab Ridge traverses across the central portion of Camp Bertha, as does La Costa Creek to the north and Indian Creek to the south. The remote campsite is accessed via a web of winding ranch roads, running approximately seven miles south from Del Valle and 10 miles east from Sunol. Access rights would need to be perfected in order for the public to travel along these roads. Trail access, however, could be established through existing parklands.

With the passing of the last life estate tenant in late 2014, the Park District is now in a position to hold unrestricted title to the Camp Bertha inholding within Rowell Ranch, as well as to take over its operational and management responsibilities. This Board action will transfer and appropriate monies necessary to make the property safe and secure, similar to the process for any newly acquired property, although in this instance the Park District has held restricted title over the subject 278.93 acres since 1976. Operations will determine the appropriate frequency of staff patrol in concert with a caretaker contract necessary to operate and maintain this very

93 remote location.

Structures at the site include a main house, two sleeping cabins, outhouse, wash house, a Quonset hut and miscellaneous outbuildings, all of which are detailed in the attached Acquisition Evaluation (AE). The AE summarizes preliminary options for retaining, repairing and demolishing structures pending an historic resource assessment of those structures with potential historic merit. The AE also provides recommended appropriations for necessary road and trail improvements, fencing and gates, signage, utilities repair, hazardous material abatement, and hazardous tree work in order to make the site safe and secure.

Finally, the AE recommends that upon recordation of the Affidavit of Death of Life Tenants, Camp Bertha be placed into Land Bank status as the site is not located within an area covered by an approved Land Use Plan. The property can be removed from Land Bank Status at such a time that a Land Use Plan is approved. The land use planning process may consider a range of future uses for the property including group backpacking or horse camp; interpretive programs honoring Camp Bertha’s past use and the surrounding area’s rodeo and ranching history; training and/or research facility; and other public recreational and Park District operational needs.

ALTERNATIVES

No alternatives are recommended.

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO EXECUTE AND RECORD AN AFFIDAVIT OF DEATH OF LIFE TENANTS AND TRANSFER AND APPROPRIATE FUNDS FOR THE TITLE TRANSFER OF THE FORMER ROWELL RANCH’S CAMP BERTHA LIFE ESTATE AND RELATED ACQUISITION EXPENSES: OHLONE WILDERNESS REGIONAL PRESERVE

WHEREAS, on July 6, 1976, by Resolution No. 1976-07-174, the Board of Directors authorized staff to purchase the 4,236-acre Rowell Ranch in order to establish the future “Wauhab/Valpe Regional Wilderness,” now known as the Ohlone Wilderness Regional Preserve; and

WHEREAS, Rowell Ranch was sold to the Park District subject to a life estate held by seven individuals over a 278.93-acre remote hunting and camping retreat on the western edge of the property known as Camp Bertha; and

WHEREAS, with the passing of the last life estate tenant in late 2014, the Park District is now able to hold unrestricted fee title to the Camp Bertha inholding within Rowell Ranch, as well as to take over its operational and management responsibilities; and

WHEREAS, in order to clear title of the life estate interest, the Park District needs to execute and record an affidavit of death of life tenants; and

WHEREAS, in order to secure and make safe the Camp Bertha inholding once under the Park District’s management control, road and trail improvements, fencing and gates, signage, utility repair, hazardous tree work, hazardous materials abatement and disposal, and alterations to the site’s structures, need to be installed and/or implemented; and

WHEREAS, under the California Environmental Quality Act (CEQA) and the District’s Environmental Review Manual, this action by the Board of Directors is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation:

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the execution and recordation of an Affidavit of Death of Life Tenants; and

BE IT FURTHER RESOLVED that the Board of Directors hereby authorizes the transfer and appropriation of $252,000 from project account Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00), utilizing funds from the Ohlone Wilderness Allocation Area, to project accounts Rowell (Camp Bertha)/Sunol Ohlone Acquisition (CIP 244000) and Rowell (Camp Bertha)/Sunol Ohlone Safety and Security (CIP 244001), as shown on the attached Budget Change form; and

Moved by Director , seconded by Director and adopted this 21st day of July 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

96 ACQUISITION EVALUATION

“Camp Bertha” Del Valle Road, Livermore CA 278.93 acres APN 99A-2900-003 (Alameda County)

Site Description

The Camp Bertha property includes an approximately 280-acre parcel that sits astride the Wahuab Ridge in a remote area of the Ohlone Wilderness. In its northwestern corner the property houses a site that was developed with cabins and other structures as a hunting and camping retreat for the Rowell Family and their guests beginning in the 1920’s; it is this developed site that most people refer to when talking about “Camp Bertha.” As a result of Camp Bertha’s importance to the Rowell family and friends, the overall 280-acre parcel was kept as a life estate following the District’s 1976 acquisition of the greater 4,236-acre Rowell property. Following the death of the last executor to the estate in 2014, the property now becomes the full responsibility of the District to manage and maintain.

The overall parcel is generally rectangular, bordered to the west by land owned by the privately-held Maverick Cattle Company and by District-owned land to the north, east, and south. La Costa Creek crosses through northern portions of the property from southeast to northwest and a small portion of Indian Creek clips the property’s southern boundary. A ranch road known as Camp Bertha Road passes through the property along an east-west alignment and immediately past the site of the hunting camp. Several smaller, less-travelled ranch roads connect into the southern end of the overall parcel and neighboring land to the west.

“Camp Bertha” Hunting Camp The developed Camp Bertha site is sandwiched between Camp Bertha Road (extending from Greenside Road) and La Costa Creek in the northwestern corner of the overall parcel. From this cluster of cabins and other outbuildings the distance to the western property line is 750 feet and to the northern line is 500 feet. The camp is comprised of about three-quarters of an acre of mixed woodland and grassland, surrounded by fences in some areas. At present, the site contains 11 separate structures of varying age and condition.

The hunting camp and its structures have a long and colorful past tied to the ranching and rodeo history in the Bay Area and the greater history of California and the American West. The original owners were the famed Harry Rowell, “The Rodeo King of the West” and his wife Bertha. The Rowells purchased the property in the 1920’s as a summer getaway and hunting spot for family and friends. Many local ranching families visited and stayed at the site over the years. After Bertha passed away in 1936, Harry’s second wife, Maggie, hosted many guests at the camp, including in the years after Harry’s death and before her own passing in 1975.

The centerpiece of the Camp Bertha hunting camp is the main house, an approximately 1,000 square-foot home with two small bedrooms, one bath, a kitchen, and a large attached screened porch that serves as additional living space. Two smaller cabins, approximately 250-square feet

97 each, stand next to the main house. These are one-room buildings with adjacent wash house and restroom buildings behind them. According to the existing site caretaker, these cabins may originate from the construction of the Hetch Hetchy project. A seam running up the sides of both cabins does suggest that they were moved to Camp Bertha in two pieces. Other structures of interest include a large 20 x 50-foot Quonset Hut that may have been military surplus, a screen-walled cooling house that was used for aging deer meat during the hunting season, and a variety of smaller accessory structures and outbuildings. The full inventory of structures is as follows:

Structure Size Materials Condition Preliminary (approx.) Recommendation 1 Main house with 25’x40’ Wood, shingle, Moderate Hold- historic study attached screen 1,000 sf. corr. metal needed room/porch roof 2 Sleeping cabin (2A) 12’x20’ Wood, shingle, Poor Hold- historic study 240 sf. corr. metal needed roof Sleeping cabin (2B) 12’x20’ Wood, shingle, Moderate Hold- historic study 240 sf. corr. metal needed roof 3 Small trailer used for 6’x8’ Metal, glass Poor Remove/demolish storage

4 Screen cooling house 10’x14’ Wood, screen, Moderate Hold- historic study concrete needed 5 Small bunkhouse 6’x8’ Wood, Poor Demolish concrete masonry 6 Restroom/shower 6’x8’ Concrete Very poor Demolish masonry, corr. metal roof 7 Tack room/shed 35’x15’ Wood, corr. Very poor Demolish metal 8 Wash house/shower/ 18’x12’ Concrete Moderate Hold for potential restroom masonry, corr. re-use metal roof 9 Metal barn / Quonset 20’x50’ Various metal Moderate Hold- historic study hut 1,000 sf. needed 10 Generator shed 6’x8’ Wood, corr. Very poor Demolish metal

Upon entering the Camp Bertha site from the road, a gate encloses a lawn and picnic area in front of the house and cabins. This area was a central gathering space for guests and features a long shade structure over a line of picnic tables and an adjacent brick masonry barbeque pit. Next to the picnic space, a stepped concrete area underlies a row of brightly painted metal-

98 frame beds; children and other guests are said to have slept here when visiting the camp. The entire front lawn area is shaded by large trees including some non-natives and a number of native bay laurels nearer to the road. All are in need of tree work for protection of the buildings in the near-term.

Behind the main house and cabins are several other structures. A wash house/restroom/shower building and another restroom building sit between the cabins and a tack room/shed. At the back of the property bordering the creek, the Quonset hut has served as a horse stable for multiple generations. The nearby generator shed is in disrepair and has not been used in recent years.

In previous evaluations, some buildings appeared in need of repair while others (particularly several of the outbuildings) were identified for immediate demolition. There is high potential that some of the building materials including paint, flooring, drywall, and ceiling tiles may contain lead, asbestos or other hazardous substances and require abatement. There are portions of all of the buildings that show evidence of rot, rodent infestation, and other structural issues; however, there is still potential to upgrade certain buildings for sleeping, storage, cooking facilities, or other interpretive or recreational use. Inside the buildings, particularly the main house and the cabins, there is a considerable collection of furniture, aging appliances, taxidermy, personal items, and rodeo/ranching memorabilia. A professional historic assessment of the site, particularly the house and cabins and their contents, is recommended in order to determine their level of significance.

Within the main house and in a storage area underneath, a number of containers are filled with paint, household cleaners, glues, and other unidentified liquids; additional potentially hazardous materials can be found at various other locations throughout the property. To bring the site to District safety standards, all of this material will require collection and disposal. At the edge of the property adjacent to the Quonset hut, there appears to be an illegal garbage dump site. The contents of this site have been determined to be non-toxic and mostly organic in nature. The present recommendation is to cordon off the area to prevent access and allow the materials to decompose naturally.

In regard to utilities, there are overhead electrical wires that connect from the generator shed to the house and cabins. The quality of this wiring is unknown, but according to the caretaker is still functional. The initial recommendation is that, for safety reasons, replacement of some or all of the wiring may be necessary while the site remains under the watch of a caretaker. If the site is left entirely unused, all wiring may need to be removed. Water supply to the property originates at an abundant nearby spring. A redwood tank stores the spring water and a gravity- fed line connects to the main house and restroom buildings. This water source runs year-round and when not in use by the camp, the caretaker breaks the connection line so that overflow can supplement the creek and improve habitat for a population of land-locked steelhead that is present there. In the future, the quality of this water supply should be assessed and if to be used on-site, a new, modern water tank would replace the redwood one. Lastly, although assumed to be aging and in disrepair, the property’s septic system has not been recently assessed.

99 Access Vehicular access for District use is approximately seven miles west from Lichen Bark Picnic Area at Lake Del Valle, 10 miles east from the end of Welch Creek Road in Sunol Regional Wilderness, or 15 miles from Highway 84 through land owned by SFPUC at San Antonio Reservoir. Currently, 1.92 miles of the vehicular route from Del Valle pass via easement through private property and several miles of the Highway 84 connection also pass through private property, so there is currently no public access possible via these routes. All of these vehicular access routes are over graded, unpaved fire roads and a four-wheel or all-wheel drive vehicle is required. After a significant rain event, a minimum of five days is needed until roads are dry enough to be passable. There are many gates to open and close on the way to Camp Bertha from any direction.

Hikers can reach Camp Bertha from Sunol Regional Wilderness via trails extending from the main park entrance on Geary Road. From Del Valle Regional Park, hikers can reach the property by hiking out of the Lichen Bark Picnic area on the southwest side of the lake. Landmarks in the area of Camp Bertha include Stewart’s Camp, which is one mile west on Greenside Road, and Murrieta Falls, which is approximately three-quarters of a mile to the southwest.

General Plan / Zoning The Camp Bertha Life Estate parcel is located in Unincorporated Alameda County and has a General Plan designation of P – Parklands. The parcel is zoned A-BE, which is A- Agriculture and BE- Combining District. The property is not subject to a Williamson Act contract. It is identified as within a high priority conservation area for several special status species according to the East Alameda County Conservation Strategy

Natural and Cultural Resources

The Camp Bertha life estate property features topography typical of this portion of the Wauhab Ridge. Highest elevations are located along the top of the ridge which passes through the property in an east-west orientation nearer to the southern end of the parcel. Lowest elevations are found within the La Costa Creek corridor and along Indian Creek. Selected areas of the property feature mild slopes and nearly flat open areas, but most of the property’s slopes are steep. This is particularly true near drainages and at higher elevations. Along La Costa Creek elevations are around 2,500 feet; along the ridge they reach over 3,500 feet.

The property is generally evenly vegetated with a mix of chaparral, oak-bay woodland, oak savannah and California grassland. Grasslands typify southwest facing slopes while denser oak and chaparral are found on north and east faces. Both riparian areas feature an overstory of oaks, California bay laurel, big-leaf maple, and white alder with an understory of gooseberry, hedge nettle, poison oak, and other native California species. The developed Camp Bertha site is set above La Costa Creek on a moderate northeast-facing slope characterized by a mix of native riparian woodland species, disturbed non-native understory, and planted horticultural species, such as English ivy, apple trees, and lilacs. Immediately northeast of the Camp Bertha compound is an annual grassland and oak savannah with occasional Franciscan rock outcrops and patches of thin soil. The rock outcrops and thin soil areas are home to many native grasses

100 and wildflowers, although there is about a two- to three-acre infestation of Medusahead in the open grassland that will need to be promptly treated. Multiple rare plant species are known to occur in the vicinity of Camp Bertha, often associated with serpentine substrates.

There is a high potential for special status wildlife species to be found on and around the property. Anecdotal evidence suggests that a landlocked population of steelhead survive year- round in the creek, and that golden eagles are commonly seen hunting in grassland areas. Other species that occur in the area include rattlesnake, deer, coyote, bobcat, mountain lion, and various raptors. Outside the developed camp site, the remainder of the 280-acre parcel is grazed with cattle year-round.

In regard to the cultural history of the site, the Camp Bertha complex is more than 50 years old and therefore merits further evaluation to determine whether or not it qualifies for listing on a local, state, and/or national historic register due to its association with area ranching and rodeo history, and the existence of historic memorabilia, furnishings, signage, fencing, and other enhancements inside the structures and in the surrounding area. For example, horticultural plantings, and the nearby, nearly intact rock dam might be included in any evaluation and documentation efforts. Every effort should also be made to identify, meet with, and interview individuals who are familiar with the history, use, and operation of Camp Bertha, and to obtain for District archival purposes any notes, documents, journals, diaries, photographs, recordings, publications, and/or oral histories that will provide a robust historic record of the site. The site should also be documented by a qualified architectural photographer and historian prior to demolition of any of the key site structures. Outside the cowboy-related history of the site, there have been no specifically identified bedrock mortars or other Native sites of concern located on the property, although Native objects have potential to be found.

Ideally, no demolition should occur until the entire site and its contents have been assessed. Either following or during this assessment phase, the District should consider partnerships with appropriate agencies and stakeholders (e.g., Hayward Area Park and Recreation District (HARD) and Rowell Ranch Rodeo Board of Directors) to identify possible solutions for documenting and/or protecting the site’s structures, memorabilia, furnishings and signage. On- site reuse options should be explored that will preserve the historic integrity of the site, such as a remote horse camp facility, operations facility, or residence; however, relocation of key site elements to a related setting (Rowell Ranch Rodeo Park, for example) may also be appropriate.

Planning Issues

Master Plan: This acquisition’s compliance with the District Master Plan was established when it was originally purchased by the District in 1976.

Land Use Planning: There is no existing Land Use Plan for the Ohlone Wilderness, but this plan is on the priority list for the District’s Current Planning group. Long-term planning for the management and use of the Camp Bertha property will need to be addressed in that plan prior to being taken off of the land bank list.

101 CEQA Compliance

This acquisition’s California Environmental Quality Act (CEQA) compliance was established when it was originally purchased by the District in 1976.

Public Safety

Police: If located in a more populated area, the Camp Bertha property would likely be viewed as an attractive nuisance. However, according to interviews of the site caretaker and Park Supervisor, there is little to no indication that the public has or is currently accessing the site. An inspection of the area revealed no obvious signs of graffiti, target shooting, or hunting. However, the presence of potentially historic materials magnifies the importance of securing the site to prevent vandalism, theft, deterioration, and fire loss.

Due to the remoteness of this property, the primary form of patrol would be via the Air Support Unit (ASU). Occasional physical security checks would require a four-wheel drive vehicle and may be conducted by the San Francisco Watershed contracted Field Unit during their back-country patrols. This patrol could require an amendment or side letter to the existing Joint Powers Agreement (JPA) with San Francisco Public Utilities Commission (SFPUC). Due to the property location and quality of fire road access, a physical check by patrol unit would take no less than ninety minutes from either Sunol Regional Wilderness or Del Valle Regional Park. Access from Highway 84 through San Antonio Reservoir may take as little as thirty-five minutes when roads are in prime condition. Additionally, although a remote wilderness area with patches of dense vegetation, there are some sparsely vegetated areas within and near the Camp Bertha property that could serve as a suitable Landing Zone for a helicopter, dependent on weather conditions and soil saturation.

Future patrol needs are dependent on action taken by the District to either keep or demolish the existing site structures. If some or all of the buildings are demolished, the access road could be negatively impacted by repeated truck trips carrying heavy debris loads. However, if the structures are removed, fewer patrols will likely be needed as the site would be less likely to attract unwanted use or vandalism.

Immediate Public Safety issues are:  Patrol will normally be done by the Air Support Unit (ASU) due to geographic location and limited access to the property.  Additional security measures will be needed if the buildings are to be renovated and/or reused.  Additional “Landbank Property - No Public Access” signs should be added to the site.  If opened to the public for wilderness camping, some telecommunications will be required for emergency calls.  The adjacent creek with active springs could attract marijuana cultivation and would need to be periodically scouted either by ground, air, or both.

Fire: The Camp Bertha property is located in unincorporated Alameda County classified as State Responsibility Area (SRA) for fire protection. The property is situated in the undeveloped

102 Ohlone Wilderness, a considerable distance from developed areas of both Del Valle and Sunol Regional Parks. Surrounding properties include Maverick Cattle Co. to the west and District landbank on all other sides. Elevations vary from about 2,500 to 3,500 feet with grassland, chaparral, riparian and oak woodland areas.

As a State Responsibility Area (SRA) for fire protection, Camp Bertha is within Alameda County Fire Department’s jurisdiction. Initial attack fire suppression resources would likely arrive first from Cal Fire Station #14. A full wildland response would provide overhead and additional engines and water tenders would also be requested. Engines and water tenders would respond from the District’s Fire Station 1 (Tilden). “Code three” emergency response time to the Camp Bertha property would be 90 minutes to two hours depending on the time of day and condition of fire roads. The EBRPD helicopter, if staffed, would arrive within fifteen minutes or less from the Hayward Air Unit. Cal Fire has the jurisdictional responsibility for structure fires and emergency medical services for this parcel. The primary roles of CAL FIRE and the District in the event of a wildland fire would be to prevent fire spread to the surrounding wildlands and nearby improvements.

The parcel is located within the State’s “High” Fire Hazard Severity Zone. It is likely that a wildland fire would be of high intensity and cause substantial damage to natural resources and infrastructure improvements. The remote nature of this parcel insures that any fire in this area would be substantial and need extended resources and multiple operational personnel shifts to control and overhaul.

Hazardous materials responses will be the responsibility of the District. During the initial cleanup phase, this risk will be considerably higher than after existing on-site hazardous materials are removed. District records document that over a recent three-year period, Ohlone Wilderness has had one hazardous materials incident. This average of one in three years is a Low occurrence, compared with other District parks. Following initial cleanup, one could expect a similar level of occurrence in this new addition.

In a recent three-year period, EBRPD fire department personnel responded to two medical incidents in the Ohlone Wilderness. This is a Low level of occurrence when compared with other District parks, and could characterize medical response activity in this new parcel as well. Additionally, the following recommendations are important to improve fire and resource protection.

Recommendations:  At trailheads or other public access points, include public education information regarding fire risks, hazards, responsibilities and actions to minimize fire occurrence and losses.  Pre-Plan Development: Before an incident, department personnel should be oriented to access points, evacuation routes, hazards, water resources and location of this site. Additionally, this plan should include strategies and tactics that will be necessary to contain or control an incident before it happens.  Once the property is opened to the public, if there are to be occupancy levels associated with a recreational camp, Cal Fire should be oriented to the location and type of use.

103  Conduct fire hazard mitigation and annual defensible space clearances around all structures in compliance with State law PRC 4291. NOTE: In the event a fire starts nearby or inside structures at this site it is likely that, due to the remote location and extended arrival times, structures would be a total loss.  Maintain strategic existing ranch roads to provide emergency vehicle access and emergency evacuation routes for park visitors.  Ascertain the nearest water source with adequate fire flows or storage. Consider installation of 10,000 to 20,000 gallon water storage tank on this parcel if nearest existing suitable water source is too far away.

Acquisition Criteria: This property was originally acquired in 1976 along with the greater 4,236-acre Rowell Ranch property. Thus, the determination for the acquisition’s compliance with District Master Plan Policy was made at that time.

Recommendation for Land Bank Status: Yes X No ____ The property is located in an area not covered by an approved Land Use Plan. The property can be removed from Land Bank Status at such a time that a Land Use Plan for the Ohlone Wilderness is approved and any related improvements to the property are completed.

Site Cost Estimate: Acquisition Estimate: $ 0 TOTAL

Development Estimate: $ 219,000 TOTAL Road and Trail Improvement $ 1,500 Signage $ 1,000 Fencing and gates $ 40,000 Utilities Repair $ 7,000 Hazardous tree work $ 10,000 Structure Stabilization and Security $ 10,000 Demolition $ 90,000 Haz Mat / Lead / Asbestos Assessment $ 9,000 Haz Mat Abatement & Disposal $ 48,000 Noxious Weed Abatement $ 2,500

Timing: Escrow is scheduled to close on or before July 31, 2015.

7/16/2015 A. Thomson

104 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Land- Account Name: Expense: Capital- Land District Wide-Acquisition-Designated Acquisition-Rowell Property-Measure Land Acquisition-Measure WW WW Ohlone Acquisition Allocation Area- Undesignated Administrative Costs

Account: 333-6330-000-7010 / Account: 333-6330-162-7010 / 229900WW00-100 $ 242,000.00 244000WP46-100 $ 13,000.00 Account Name: Expense: Capital- Land Acquisition-Rowell Property-Safety and Security Phase-Measure WW Ohlone Acquisition Allocation Area-Administrative Costs

Account: 333-6330-162-7010 / 244001WP46-100 $ 229,000.00 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 21, 2015 the General Manager recommends that the Board of Directors authorize the transfer of 242,000 of Measure WW Acquisition Ohlone acquisition allocation area to augment the existing acquisition project budget of $10,000. Previously, staff budgeted $10,000 Measure WW Ohlone acquisiton funding to start the project.

As approved at the Board of Directors Meeting on date: 7/21/2015 Board of Directors Resolution Number: 2015-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\13 - July 21, 2015\FROM DAP\C-2-a 244000-Rowell Ranch Camp Bertha 105 East Bay OHLONE WILDERNESS REGIONAL PRESERVE Regional Park District EBRPD; formerly Rowell Ranch ´ Camp Bertha Life Estate Property Acquisition, Stewardship & Termination of Life Estate Development Division Miles March 23, 2015 099A 2900 003 000 (278.93 acres) t:/bstone/mxd projects/land acq/ 0 0.25 0.5 1 1.5 oh_RowellRanch-CampBertha.mxd

SFWD Del Valle

Ohlone Wilderness

Ohlone Wilderness Ohlone Wilderness (RowellRanch) (RowellRanch)

Ohlone Wilderness Ohlone Wilderness Ohlone Wilderness (RowellRanch) (RowellRanch)

Camp Bertha Life Estate (RowellRanch)

Ohlone Wilderness Ohlone Wilderness Ohlone (RowellRanch) (RowellRanch) Wilderness

Ohlone Wilderness (RowellRanch)

Vicinity Map

Pleasanton Ridge

Del SFWD Valle

Ohlone Wilderness

Mission Sunol Ohlone Disclaimer: Boundary and property lines shown on this map Peak Wilderness do not represent a boundary or property line survey. The East Bay Regional Park district makes no representation (Camp Ohlone) as to the accuracyQUARRY of said property lines (or any other lines), and no liabilityLAKES is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires SFWD the written consent of EBRPD. Sources: USGS, ESRI, TANA, AND, Copyright:© 2009 ESRI 106

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015 C. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

b. Authorization to Award a Contract to Water Rock Construction for Construction of Shoreline Access Improvements: Miller Knox Regional Shoreline (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors: 1. Authorize the award of contract in the amount of $1,597,500 to Water Rock Construction, the lowest responsive responsible bidder, for the construction of the Shoreline Access Improvements in Miller Knox Regional Shoreline; and 2. Approve a construction contingency in the amount of $240,000 (15% of the contract amount).

REVENUE/COST

Funding for this project is available in the projects listed below.

SOURCE OF FUNDS National Fish and Wildlife Foundation Cosco Busan Recreational Use Grant 172900 GP18 $1,000,000

Shoreline Access Improvements: Miller Knox Regional Shoreline Project No 172900 – Measure CC Funds $ 1,222,000 Less Expenditures and Encumbrances to Date (478,523) FUNDS AVAILABLE $ 743,477

Shoreline Access Improvements: Miller Knox Regional Shoreline Project No 172900 – Measure AA Funds $ 82,339

Add Flush Restrooms: Miller Knox Regional Shoreline Project No 174900 – Measure CC Funds $ 200,650

TOTAL FUNDS AVAILABLE $ 2,026,466

USE OF FUNDS

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Construction Contract $ 1,597,500 Construction Contingency 240,000 Construction Subtotal $ 1,837,500 Design, Construction Administration and Inspection Support 65,000 Construction Materials Testing 15,000 Permit Fees 5,000 CONSTRUCTION TOTAL $ 1,922,500

BACKGROUND

Since the early 1970’s the District has been acquiring land and developing the recreational facilities that make up Miller Knox Regional Shoreline in Richmond. Many of the park’s facilities have reached the end of their useful life, and are in need of replacement. Using funding from Measure CC, Measure AA and the Cosco Busan settlement, the District is now undertaking a phased rehabilitation of the park. The existing restrooms lack sinks and are in need of repair, and need to be expanded to meet the current demand. The existing water lines and irrigation system are in poor condition and need replacement as well.

The contract work would include installation of new potable water and irrigation systems, replacement of all existing restrooms and drinking fountains, renovation of 3.5 acres of turf, renovation of Ferry Point Plaza including installation of new fish cleaning station, outdoor shower, and renovation of existing parking for ADA compliance, and the installation of new picnic sites along the trail to the Ferry Point Pier.

A formal Notice to Bidders for this project was published on Monday, June 1, 2015 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges and on eBidboard. Six (6) firms submitted bids on Wednesday, July 1, 2015.

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

NAME OF BIDDER TOTAL BASE BID Water Rock Construction, Alameda $1,597,000 Aztec Consultants, Inc., San Ramon $1,673,800 Bay Construction, Oakland $1,776,250 W.R. Forde Associates, Richmond $1,898,000 Gordon N. Ball, Inc., Alamo $2,000,040 Stockbridge General Contracting, Clovis $2,180,000 ENGINEER’S ESTIMATE: $ 1,550,000 (Total Base Bid)

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ALTERNATIVES

No alternatives are recommended.

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EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO AWARD A CONTRACT TO WATER ROCK FOR CONSTRUCTION OF SHORELINE ACCESS IMPROVEMENTS: MILLER KNOX REGIONAL SHORELINE

WHEREAS, the East Bay Regional Park District desires to enhance shoreline access at Miller Knox Regional Shoreline; and

WHEREAS, this project provides for the construction of public access improvements for the Miller Knox Regional Shoreline to include installation of new potable water and irrigation systems, replacement of all existing restrooms and drinking fountains, renovation of 3.5 acres of turf, renovation of Ferry Point Plaza including installation of new fish cleaning station, outdoor shower, and renovation of existing parking for ADA compliance, and the installation of new picnic sites along the trail to the Ferry Point Pier; and

WHEREAS, there are funds available from Measure CC, Measure AA and the Cosco Busan settlement in Project # 172900 (Shoreline Access Improvements: Miller Knox Regional Shoreline) and Project # 174900 (Add Flush Restrooms: Miller Knox Regional Shoreline) for this purpose; and

WHEREAS, the District advertised for bids for construction of Shoreline Access Improvements at the Miller Knox Regional Shoreline and received six (6) bids: and

WHEREAS, Water Rock Construction, Alameda, California was the lowest responsive responsible bidder;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards a contract to Water Rock Construction, in the amount $1,597,500 and approves a construction contingency in the amount of $240,000; and

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

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Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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113

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

c. Authorization to Award Contract to Grade Tech, Incorporated for Construction of Staging Area Improvements, Approval of Payment to California Department of Fish and Wildlife for a Performance Security, and Appropriate Funds: Vargas Plateau Regional Park (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors: 1) Award a contract in the amount of $279,000 with Grade Tech, Inc., the lowest responsive responsible bidder, for the construction of the Staging Area Improvements in Vargas Plateau Regional Park off of Morrison Canyon Road and authorize the General Manager, or designee, to execute the contract; and 2) Authorize the appropriation of funds and financial security in the amount of $228,863 (from the General Fund) to the California Department of Fish and Wildlife to insure mitigation lands are developed and preserved in perpetuity; and 3) Approve a construction contingency in the amount of $42,000 (15% of the contract amount); and 4) Authorize the appropriation of funds in the total amount of $121,202 from Measure WW Development Allocation Area Vargas Plateau Regional Park.

REVENUE/COST

The appropriation of Measure WW funds to the project will provide sufficient funding for the Grade Tech, Incorporated (“Grade Tech”) contract. The associated permit costs that are not capital costs and will be appropriated in the General Fund and paid to the agency from the Stewardship services budget.

SOURCE OF FUNDS General Fund Balance Appropriation To Stewardship Budget 101-7410-000-6454 $228,863 Performance Security for CDFW -228,863 $ 0

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SOURCE OF PROJECT FUNDS Staging Area Improvements: Vargas Plateau Project # 142300 $ 565,479 Less Expenditures and Encumbrances to Date 250,681 FUNDS AVAILABLE $ 314,798

APPROPRIATION OF PROJECT FUNDS From Measure WW Bond - Development Allocation Area Vargas Plateau WP64 Appropriate to Staging Area Improvements: Vargas Plateau Project # 142300 121,202 TOTAL FUNDS AVAILABLE PROJECT NO. 142300 $ 436,000

USE OF FUNDS Construction Contract $ 279,000 Construction Contingency 42,000 Construction Subtotal $ 321,000 Design, Construction Administration and Inspection Support 25,000 Construction Materials Testing 10,000 Biological & Cultural Resource Monitoring 50,000 District Provided Materials (Gates, Entry Sign & Info. Panel) 15,000 Permit Fees 15,000 CONSTRUCTION PHASE TOTAL $ 436,000

MEASURE WW STATUS: Vargas Plateau development funds available prior to this action $1,529,061 Appropriated to 142300 with this action 121,202 Remaining Vargas Plateau development funds available after this action $1,407,859

BACKGROUND

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

Additionally, because several Federal and State threatened and endangered species have the potential to occur in the vicinity of the project site, the District has had to acquire permits from Federal and State resource agencies in order to construct the initial staging area and

115

approximately 2 miles of new trail. Due to the permanent impacts to threatened and endangered species habitat from the project activities, the District has been required to establish mitigation lands of 8.2 acres and to protect these lands for the benefit of threatened and endangered species in perpetuity. In order to insure that the mitigation lands for the project are preserved, the District must provide a financial security to the California Department of Fish and Game until a conservation easement and endowment is established to manage the mitigation lands in perpetuity. This collaborative effort has taken over a year and a half to accomplish.

The subject contract provides for the construction of phase one access improvements and the Staging Area off of Morrison Canyon Road. Work would include construction of a compacted aggregate baserock entry road and parking spaces with wheel stops for twenty-five (25) cars, two (2) ADA compliant stalls on concrete paving with an accessible path of travel to trailheads, three (3) picnic tables, one (1) vault toilet, entry gates and signage, wood rail fencing, information panel, barbed wire fencing, and two water tanks for firefighting purposes.

A formal Notice to Bidders for this project was published on Thursday, May 21, 2015 in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s exchanges and on eBidboard. Twelve (12) firms submitted bids on Thursday, June 25, 2015.

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

NAME OF BIDDER TOTAL BASE BID Grade Tech, Inc. Castro Valley $279,000 Water Rock Construction, Walnut Creek $290,125 Innovative Construction Solutions, Oakland $317,900 TKO General Engineering and Construction, Woodside $321,347 Cal West Construction General Building Inc, Gilroy $323,390 Guerra Construction Group, Santa Clara $324,200 John Clay General Engineering Contractor, Hayward $329,999 Alaniz Construction, Fremont $347,202 Pacific Underground Services, Martinez $347,750 Frank Loduca, Stockton $351,000 Bay Construction, Oakland $435,600 Pacific Coast General Engineering, Pittsburg $425,357 ENGINEER’S ESTIMATE: $ 325,000 (Total Base Bid)

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ALTERNATIVES

No alternatives are recommended.

117

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 07 -

July 21, 2015

AUTHORIZATION TO AWARD CONTRACT TO GRADE TECH, INCORPORATED FOR CONSTRUCTION OF STAGING AREA IMPROVEMENTS, APPROVAL OF PAYMENT TO CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR A PERFORMANCE SECURITY, AND APPROPRIATE FUNDS: VARGAS PLATEAU REGIONAL PARK

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

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

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

WHEREAS, this project provides for the construction of phase one improvements for the Staging Area to include compacted aggregate baserock entry road and parking spaces with wheel stops for twenty-five (25) cars, two (2) ADA parking stalls on concrete paving and an accessible path of travel to trailheads, three (3) picnic tables, one (1) vault toilet, entry gates and signage, wood rail fencing, information panels, barbed wire fencing and two water tanks for firefighting; and

WHEREAS, funds have been appropriated into Project # 142300, Staging Area Improvements: Vargas Plateau, for this purpose and funds are available for appropriation from the Measure WW Bond Development Allocation Area Vargas Plateau and the General Fund; and

WHEREAS, the District advertised for bids for construction of Staging Area Improvements at the Vargas Plateau Regional Park and received twelve (12) bids; and

WHEREAS, Grade Tech, Incorporated (“Grade Tech”), Castro Valley, California was the lowest responsive responsible bidder; and

WHEREAS, the California Department of Fish and Wildlife (CDFW) in the Incidental Take Permit for the project required a financial security in the amount of $228,863 to insure mitigation lands would be established and protected in perpetuity;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the award of contract to Grade Tech in the amount of

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$279,000, and approve a construction contingency in the amount of $42,000; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the payment or issuance of letter of credit as a financial security to California Department of Fish and Wildlife in the amount of $228,863; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto that will appropriate Measure WW Bond – Development funds from Allocation Area Vargas Plateau WP64 to Project # 142300 in the amount of $121,202, and appropriate General Fund balance to the Stewardship services budget for Permits and Registration 101-7410-000-6454 in the amount of $228,863; and

Moved by Director , seconded by Director , and adopted this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

119 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Fund Sources From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: General Fund- Stewardship-District Wide-Permits

Account: 101-7410-000-6454 $ 228,863 Account Name: Expense: Capital Project Fund-Design Administration- Vargas Plateau-Work In Progress/ Improve Public Access-Measure WW Principal, Vargas Plateau Development Allocation Area- Contract work.

Account: 333-7010-127-7020/142300 WP64-372 $ 121,202 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on July 21, 2015, the General Manager recommends that the Board of Directors authorize the appropriation of $228,863 General Fund balance to the Stewardship Administration Department for performance of CDFW security and an additional $121,202 Measure WW principal, from the Vargas Plateau development allocation area, to project 142300 to improve access and provide a staging area at the Morrison Canyon entrance.

As approved at the Board of Directors Meeting on date: 7/21/2015 Board of Directors Resolution Number: 2015-07- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2015\13 - July 21, 2015\FROM DAP\C-2-b 142300 Vargas - Morrison Cnyn Staging Area

120 FINANCE AND MANAGEMENT SERVICES 121

AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

3. FINANCE AND MANAGEMENT SERVICES

a. PUBLIC HEARING:

Approval of the Measure CC 2015/16 Tax Report and Proposed Measure CC Budget Revenues and Expenditures for 2016 (Rasmussen/Auker/Collins)

RECOMMENDATION

The General Manager and Board Finance Committee (by unanimous vote) recommend that the Board of Directors approve the Measure CC 2015/16 Tax Report and direct staff to include the proposed Measure CC Budget Revenue and Expenditures in the 2016 District Budget. (There is a second no cost CC item on this same agenda to modify six Measure CC project descriptions that is not budget related.)

REVENUE/COST

This action will authorize Alameda and Contra Costa counties to collect the voter- approved Measure CC revenues, estimated to be $3,266,853 for the fiscal year 2015/16. County collection fees are estimated to be $83,817, and the expense for the preparation of the Special Tax Report is $16,500. Including a projected $5,000 in interest earned, this will yield net revenue to the District estimated at $3,171,536. This action confirms that $2,186,210 in Measure CC expenditures are budgeted in 2015 and proposes that $1,183,822 in Measure CC expenditures be appropriated in the 2016 District Budget. The Measure CC Special Tax Report (Exhibit 1) and the proposed Measure CC 2016 Budget (Exhibit 2) are attached to this report.

BACKGROUND

Provisions of Measure CC require an annual expenditure plan to be adopted by the Board of Directors. Special tax consultant, NBS has been retained by the District to prepare a tax report specifying the basis and amount to be levied for the 2015/16 tax year. The tax report is based on proposed Measure CC expenditures for 2016 as reviewed by the Park Advisory Committee (PAC) at their June 22, 2015 meeting, as well as the Finance Committee at their June 24, 2015 meeting. The proposed expenditure

122 plan contains reduced new appropriations for 2016 operations. The revenues and expenditures proposed in the Tax Report are consistent with Measure CC as it was approved by voters. The purpose of this item is to review the proposed expenditure plan and recommend it be adopted as the basis of the 2015/16 Tax Report and 2016 Budget.

This action will establish the plan for the eleventh full year of the Measure CC program. The first appropriations from this program were authorized in late 2005. Including 2006 through 2015, a total of $28,960,454 has been appropriated for capital projects and operating expenditures.

The Measure CC tax report is prepared, and tax revenues are collected, on a fiscal year basis. However, the District operates on a calendar-year budget; therefore the Measure CC budget has been adjusted to a calendar-year expenditure plan to match our standard practice for budgeting and in our Comprehensive Annual Financial Report. Revenue provided from this 2015/16 Tax Report will be used to fund the 2016 projects listed in this plan and outlined on the following page. Final 2016 Budget appropriations may vary slightly from the amounts listed on this schedule as exact wage and benefit costs are calculated as part of the 2016 Budget process.

Revenues Measure CC revenues for the 12-month period of July 1, 2015 to June 30, 2016 are estimated to be $3,266,853. County collection fees and consulting fees are estimated to be $83,817 and $16,500, respectively. Along with a projected $5,000 in interest, this will yield net revenue to the District estimated at $3,171,536. This revenue will be appropriated as part of the 2016 annual District Budget.

Expenditures Measure CC is a 15 year program. In 2004, the District established a spending plan which estimated the annual needs for operational projects including a modest increase for inflation. Since beginning the program, the District has appropriated the planned amounts annually into each operational project per the spending plan. 10-years into the program, actual expenses have differed from the original budget, and some projects will have accumulated residual project account balances as of year-end 2015. For the 2016 year, it is proposed that these accumulated balances be utilized first, and as they are depleted, they will be augmented by new project appropriations to achieve the required funding for a full year’s expenses. Therefore, some new funding appropriations for 2016 are reduced from prior years, but are anticipated to again be increased to prior year levels in 2017 and beyond. No reductions in activities funded by CC are proposed, and future budgets will be analyzed and adjusted if necessary to ensure continued annual operation through the end of the Measure in 2020. The proposed 2016 expenditure budget attached to this report (Exhibit 2) appropriates only the funding necessary to fully fund 2016 activities after utilization of the current residual project fund balances. The total new funding appropriation for 2016 Measure CC is $1,183,822. The new projects receiving funding are also included in the following table:

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ONGOING PROJECTS/OPERATIONS RECEIVING ADDITIONAL FUNDING IN 2016 CC Location Project Line # McLaughlin Eastshore State Construct the Bay Trail Extension around Golden Gate Fields. 7 Park Initial operation of landbank properties, policing, fire response, resource protection, trail patrol, trash pickup, and maintenance. Includes operation following completion of resource restorations McLaughlin and careful debris removal. No construction facilities except trail Eastshore State 8 circulation. Negotiate join operating and funding agreement with Park State Parks to cover operating costs. The project will require the use of $50,000 in annual revenue from concessions, interest and trust fund principles.

Support operations of the Zoo, a regional facility that operates Oakland Zoo 9 openspace contiguous to Anthony Chabot Regional Park.

Anthony Chabot Thin trees /or remove excessive fuels within 250 acres of Vegetation 35 eucalyptus groves – following EB Hills CEQA. Management Undertake Phase II and III public access improvements, and Martin Luther operate the Tidewater use area in concert with the Oakland King Jr. Regional 37 Strokes Boathouse. Includes parking, staging, picnic, meadow, trail Shoreline and access components.

Redwood Regional Regrade/re-route old fire roads to eliminate soil erosion and 57 Park continuing winter damage.

Robert Sibley Open and operate the landbanked former Stone Property. Install Volcanic Regional interpretive panels, construct a small staging area at Fish Ranch 59 Preserve Road and trail links to existing Sibley trails.

Wildcat Canyon Bay Trail – New trail segment around West County Wastewater to Point Pinole facility connecting Wildcat Creek Trail to San Pablo Creek and 61 Trail Point Pinole to the Richmond Parkway. Approximately 1 mile. Tilden Regional Replace 14 chemical toilets with vault toilets. 70 Park

Operate two miles of Bay Trail at Alameda Point when completed Alameda Point 72 as part of the base conversion process.

124 ONGOING PROJECTS/OPERATIONS RECEIVING ADDITIONAL FUNDING IN 2016 CC Location Project Line # Miller/Knox Add four more flush restrooms in main park area to eliminate long 75 Regional Shoreline lines. Richmond Shoreline Restoration – Removal of industrial debris, Point Molate cleanup and enhancement of shoreline habitat north of Miller 76 Knox Regional Shoreline to Point San Pablo. Administrative Consulting Firm to Prepare Engineering Report. 79 Fees

Mid-year adjustments: This proposed action includes adjustments and corrections to three 2016 fuels management appropriations, included in the proposed Measure CC 2016 Budget (Exhibit 2). In 2015, the District was awarded FEMA grants for fuels management in the East Bay Hills. Matching fund requirements required that the District appropriate $1,250,000 for this work. The matching appropriation was authorized by the Board as a mid-year appropriation of fund balance from Measure CC earlier this year. However, in three of these project areas, funds totaling $132,780 had already been appropriated. This resulted in a redundant appropriation; therefore, the budget from these three Measure CC areas is proposed to be reduced and corrected. This correction will not adversely affect the FEMA match.

FEMA Projects Receiving Reduced Budget

CC Location Project Line # Anthony Chabot Manage vegetation for fuels reduction in coordination with the and Lake Chabot 5 protection and enhancement of wildlife habitat in fuel break areas. Regional Parks Claremont Canyon and Sibley Manage vegetation for fuels reduction in coordination with the 6 Volcanic Regional protection and enhancement of wildlife habitat in fuel break areas. Preserves Wildcat Canyon/Alvarado Manage vegetation for fuels reduction in coordination with the 19 & Tilden Regional protection and enhancement of wildlife habitat in fuel break areas. Parks

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

125 budget for 2016, 35% of the funds appropriated thus far are for resource-related projects.

Reserve, Fund Balance, and Equitable Distribution of Funds Policy The 10% Reserve for Unknown Events and Opportunities is accruing in the Measure CC Fund Balance and is estimated to be nearly $3.6 million by year-end 2015 Absent any use of funds authorized by future Board action, the contingency fund balance accumulated by 2020 would be approximately $4.7 million.

The Board recently discussed the criteria for use of the reserve funds, and suggested uses for the total of $4.7 million (that will be received into the 10% reserve through the life of the program). The General Manager’s proposal is to commit the funds as follows:

a. $700,000 to complete Point Pinole’s Atlas Road Bridge and Public Access project b. $1.0 million for the Point Pinole Visitor Center, initial funding c. $1.5 million for the Bay Trail, Doolittle Drive section d. $1.5 million remaining unallocated balance for future high priority opportunities

Staff received recommendation by the PAC and the Finance Committee to move forward with the proposed reserve fund projects. These recommendations will be considered during the annual Mid-year budget adjustment process currently underway, and will be brought to the Board Finance Committee and Board in the next several weeks.

ALTERNATIVE

Approval of a tax report is required for collection and appropriation of the Measure CC revenue. The Board could choose to modify the proposed appropriations for the 2016 Measure CC budget. Significant changes at this time would require revision of the tax report; therefore, this alternative is not recommended.

126 EAST BAY REGIONAL PARK DISTRICT

Resolution No. 2015 – 7 -

July 21, 2015

APPROVAL OF THE MEASURE CC 2015/16 TAX REPORT AND PROPOSED MEASURE CC BUDGET REVENUES AND EXPENDITURES FOR 2016

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

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

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

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

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

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approve and authorize the East Bay Regional Park District Measure CC Special Tax – Fiscal Year 2015/2016 Tax Report, as attached (Exhibit 1) and made a part of this resolution, to be submitted to Alameda and Contra Costa Counties to initiate the tax collection provisions; and

BE IT FURTHER RESOLVED, that the Board of Directors hereby directs that the Measure CC projects and activities stipulated in the Measure CC 2016 Budget (Exhibit 2) be proposed and discussed as part of preparation of the 2016 District Budget; and

127 Moved by Director , seconded by Director , and approved this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

128 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Retain consultant(s) to work with staff and the Hills Emergency East Bay Hills Forum to prepare the required environmental documents necessary Fire Hazard 1 to comply with the Natural Environmental Protection Act (NEPA) 2005 1,175,000 907,972 - 267,028 Reduction Plan and the California Environmental Quality Act (CEQA) to complete EIR the Fire Hazard Reduction Plan for the East Bay Hills.

Redwood 2 Paint Piedmont Stables 2005 33,300 33,300 - - Regional Park

Redwood 3 Renovate Piedmont Stables Residence 2005 50,000 50,000 - - Regional Park

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

Anthony Chabot and Manage vegetation for fuels reduction in coordination with the 5 2006 1,475,000 1,357,807 (59,714) 176,907 Lake Chabot protection and enhancement of wildlife habitat in fuel break areas. Regional Parks

Note: Gray shaded projects are complete. 1 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Claremont Canyon and Manage vegetation for fuels reduction in coordination with the 6 Sibley Volcanic 2006 1,175,000 1,046,638 (21,352) 149,714 protection and enhancement of wildlife habitat in fuel break areas. Regional Preserves

Eastshore 7 Construct the Bay Trail Extension around Golden Gate Fields. 2006 100,000 70,000 30,000 - State Park

Initial operation of landbank properties, policing, fire response, resource protection, trail patrol, trash pickup, and maintenance. Includes operation following completion of resource restorations and Eastshore careful debris removal. No constructed facilities except trail 8 2006 6,007,500 3,520,816 20,000 2,466,684 State Park circulation. Negotiate joint operating and funding agreement with State Parks to cover operating costs. The project will require the use of $50,000 in annual revenue from concessions, interest and trust fund principal.

Support operations of the Zoo, a regional facility that operates 9 Oakland Zoo 2006 1,500,000 1,000,000 100,000 400,000 openspace contiguous to Anthony Chabot Regional Park.

Note: Gray shaded projects are complete. 2 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

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

Robert Crown Open and operate Crab Cove Visitor Center for added 3 months 11 Memorial State 2006 1,458,000 1,071,277 - 386,723 each year to provide year-round service. Beach

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

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

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

Tilden Nature 15 Roof two barn buildings. 2006 16,650 16,650 - - Area Tilden Nature 16 Sewer for EEC 2006 575,000 575,000 - - Area

Note: Gray shaded projects are complete. 3 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Tilden Assess and remove hazardous trees, promote native tree 17 2006 200,000 200,008 - - Regional Park regeneration

Wildcat 18 Canyon Install emergency phone at Staging Area 2006 11,660 11,667 - - Regional Park

Wildcat Canyon/Alvara Manage vegetation for fuels reduction in coordination with the 19 2006 1,660,000 1,660,009 (51,714) 51,705 do & Tilden protection and enhancement of wildlife habitat in fuel break areas. Regional Parks

Claremont Canyon Implement four-year research project for Alameda Whipsnake habitat 20 2007 120,000 120,000 - - Regional enhancement. Preserve Martin Luther King Jr. Damon Slough/San Leandro Bay marsh cleanup, Clapper Rail habitat 21 2007 70,000 41,569 - 28,431 Regional enhancement, and spartina control. Shoreline Martin Luther King Jr. 22 Retrofit Boat launch ramp at Doolittle for disabled access 2007 44,400 44,400 - - Regional Shoreline

Note: Gray shaded projects are complete. 4 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Miller/Knox Renovate family and group picnic tables (79), barbecues, and drinking 23 Regional 2007 50,000 50,000 - - fountains Shoreline Point Pinole Continue park-wide eucalyptus grove thinning and sprout control 24 Regional 2009 559,860 346,150 - 213,710 program Shoreline

Pt. Isabel Implement preventative maintenance program for shoreline path and 25 Regional 2007 39,960 43,007 - - both parking lots Shoreline

Robert Sibley Volcanic Remove redgum and freeze damaged eucalyptus along the western 26 2008 131,680 72,500 - 59,180 Regional boundary South of the Staging Area Preserve

Roberts Regional Implement preventative maintenance program on all paved trails and 27 2007 63,936 63,934 - - Recreation parking areas Area Roberts Regional Renovate family and group picnic tables, barbecues, and drinking 28 2007 33,300 33,300 - - Recreation fountains Area

Note: Gray shaded projects are complete. 5 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Roberts Regional 29 Repair and overlay pavement on internal paths and service trails 2007 46,886 46,886 - - Recreation Area Temescal Add 2 new picnic sites at the North end to add group picnics from 30 Recreation 2007 35,000 34,989 - - overloaded south end Area

Tilden Install disabled accessible ramp to Pony Ride Restroom and Picnic 31 2007 5,550 5,550 - - Regional Park area

Tilden Nature 32 Finish exhibits and lighting at the EEC 2007 70,000 65,286 4,714 Area

Tilden Nature 33 Retrofit to make Disabled Accessible Exhibits in EEC 2007 30,000 30,009 - - Area

Tilden Nature 34 Upgrade electrical service at the Little Farm 2007 55,674 55,674 - - Area Anthony Chabot Thin trees /or remove excessive fuels within 250 acres of eucalyptus 35 2006 1,063,650 995,114 9,463 59,073 Vegetation groves- following EB Hills CEQA. Management

Note: Gray shaded projects are complete. 6 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

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

Martin Luther Undertake Phase II and III public access improvements and operate King Jr. the Tidewater use area in concert with the Oakland Strokes 37 2008 5,696,120 4,276,611 10,239 1,409,270 Regional Boathouse. Includes parking, staging, picnic, meadow, trail and access Shoreline components.

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

Redwood Regional Park, Manage vegetation for fuels reduction in coordination with the 39 Leona 2006 1,082,600 754,936 - 327,664 protection and enhancement of wildlife habitat in fuel break areas. Regional Open Space

Note: Gray shaded projects are complete. 7 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Wildcat Manage vegetation for fuels reduction in coordination with the 40 Canyon 2006 1,622,580 713,453 - 909,127 protection and enhancement of wildlife habitat in fuel break areas. Regional Park

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

Brooks Island Enhance Caspian Tern nesting area. Includes placement of public 42 Regional 2009 418,400 307,270 - 111,130 access landing on the Island. Preserve

Kennedy Grove Renovate family and group picnic tables, barbecues, and drinking 43 2009 62,160 62,160 - - Recreation fountains Area Kennedy Grove 44 Repair and repave pathways within the recreation area 2009 39,960 39,960 - - Recreation Area Miller/Knox Implement a pavement management program for all park roads, paved 45 Regional 2009 39,960 39,960 - - trails, and parking lots Shoreline

Note: Gray shaded projects are complete. 8 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Point Pinole 46 Regional Restore 100 acres of grasslands and sensitive plant species habitat 2009 193,740 160,405 - 33,335 Shoreline

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

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

Wildcat Install 3 flush toilets, install lift station to connect to replaced sewer 49 Canyon 2010 500,000 459,000 - 41,000 line Regional Park

Wildcat 50 Canyon Watershed sediment study 2010 488,400 339,844 - 148,556 Regional Park

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

Note: Gray shaded projects are complete. 9 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Claremont Complete trail system- with North to South and East to West Canyon 52 connections in a route that is compatible with protection of rare 2010 418,060 128,880 - 289,180 Regional species. Maintain until stable Preserve

Martin Luther Undertake a study to seek information on the permitting, King Jr. environmental compliance and design options for construction of the 53 2006 450,000 200,000 - 250,000 Regional trail around the west shore of San Leandro Bay along Doolittle Shoreline Drive. Operate if constructed. Point Pinole Bay Trail - Extend and operate the Bay Trail from Marways Steel 54 Regional north one mile to the Zone Boundary along the shoreline. Includes 2010 726,500 600,000 - 126,500 Shoreline installation of one pedestrian bridge. Point Pinole 55 Regional Enhance wetland areas for black rail habitat (remove iceplant) 2010 201,930 121,580 - 80,350 Shoreline

Pt. Pinole 56 Regional Replace old playground structure with new, safer ADA structure 2010 140,000 140,000 - - Shoreline

Redwood Regrade/re-route old fire roads to eliminate soil erosion and 57 2017 542,400 200,000 200,000 142,400 Regional Park continuing winter damage

Note: Gray shaded projects are complete. 10 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Robert Sibley Volcanic Complete removal of non-native eucalyptus suckers, pine seedlings, 58 2010 259,245 259,250 - - Regional and broom in the Sibley Triangle Preserve

Robert Sibley Open and operate the landbanked former Stone Property. Install Volcanic 59 interpretive panels, construct a small staging area at Fish Ranch Road 2006 600,000 327,370 4,072 268,558 Regional and trail links to existing Sibley trails. Preserve

Temescal 60 Recreation Sealcoat All Parking Lots 2010 12,787 12,787 - - Area

Wildcat Bay Trail - New trail segment around West County Wastewater Canyon to 61 facility connecting Wildcat Creek Trail to San Pablo Creek and Point 2009 885,550 605,242 1,930 278,378 Point Pinole Pinole to the Richmond Parkway. Approximately 1 mile. Trail

Miller/Knox Remove 16,000 cu/yds. of silt and vegetation to keep the park's 62 Regional 2011 372,961 372,960 - - lagoon healthy Shoreline

Note: Gray shaded projects are complete. 11 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

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

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

Wildcat Extend waterline to Staging Area for drinking fountain and fire 65 Canyon 2011 16,660 16,660 - - hydrant Regional Park

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

Bay Trail -- Extend and operate the Bay Trail north to Point Molate 67 Point Molate 2017 500,000 500,000 - - and Point San Pablo

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

Note: Gray shaded projects are complete. 12 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

Richmond Wetlands -- Habitat enhancement and shoreline Richmond 69 restoration of wetlands in the vicinity of Point Pinole and other 2012 974,000 650,000 - 324,000 Wetlands shoreline areas.

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

Operate Triangle Park if received from the Naval Air Station 71 Alameda Point 2013 525,000 525,000 - - redevelopment project.

Operate two miles of Bay Trail at Alameda Point when completed as 72 Alameda Point 2013 473,900 8,067 169,770 296,063 part of the base conversion process.

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

Note: Gray shaded projects are complete. 13 of 14 Measure CC 2016 Budget Exhibit 2 July 21, 2015

TOTAL Year of Total Project Appropriated Allocation Park & Trail Project Description (Original) Project 2016 Budget Cost (Cap & Ops) Remaining LINE # LINE Funding through 2015

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

Miller/Knox Add four more flush restrooms in main park area to eliminate long 75 Regional 2014 256,453 210,130 46,323 - lines Shoreline

Richmond Shoreline Restoration -- Removal of industrial debris, 76 Point Molate cleanup and enhancement of shoreline habitat north of Miller Knox 2016 1,350,000 - 500,000 850,000 Regional Shoreline to Point San Pablo.

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

Wildcat 78 Canyon Gravel 2.5 miles of trail for all season use 2014 135,000 105,940 - 29,060 Regional Park

Administrative 79 Consulting Firm to Prepare Engineering Report 156,070 25,005 - Fees

Total 2016 Budget 42,035,840 29,851,954 1,183,822 11,184,202

Note: Gray shaded projects are complete. 14 of 14 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

3. FINANCE AND MANAGEMENT SERVICES

b. Approval to Update and Modify Six Measure CC Project Descriptions (Rasmussen/Auker/Collins)

RECOMMENDATION

The General Manager and Board Finance Committee unanimously recommend that the Board of Directors approve the modification of six Measure CC Project Descriptions.

REVENUE/COST

This action proposes modifications to six Measure CC project per (Exhibit 1). There would be no cost to the District.

BACKGROUND

In 2004, the Board of Directors adopted an expenditure plan that was included in the voter information materials for Measure CC, subsequently approved by more than 2/3 of the voters in the CC area. The District has been diligently pursuing completion of the projects on the list for the past 10 years. During this effort, most of the CC projects are being delivered as anticipated; however, several projects originally intended have been determined to be infeasible as originally described in the expenditure plan.

To move toward full implementation of Measure CC prior to its expiration in 2020, it is now necessary to formally adjust several of the project goals to ensure that they can be accomplished. At the April 20, 2015 Board Workshop, the Board discussed the status of 14 Measure CC projects where there is some concern that they can be completed timely. The issues vary, but include: projects that are being funded through other means, the necessary properties cannot be acquired, permits cannot be obtained, or other events beyond the District’s control have taken place.

Staff has taken a closer look at these projects and prepared a list of proposed modifications to 6 projects (Exhibit 1). At this time, staff believes the remaining projects can still go forward as planned, but we will continue to monitor all the Measure CC projects to insure that they can

143 be completed. Staff received the Finance Committee’s recommendation to move forward with the proposed modifications.

The proposed modifications were developed based on the District’s standard practices with our voter approved measures of seeking projects that are:  As close to the original site as possible (in or near the same park)  As similar in character as possible (recreation project to recreation project, or resource project to resource project)  Provide as similar a public benefit as possible (e.g.: interpretive services, access, maintenance, etc.)

These adjustments are being brought to the Board as a formal action to ensure that there is a clear record reflecting the Board’s oversight of the program and the District’s attention to keeping our commitment to voters.

Alternatives

None recommended.

144 EAST BAY REGIONAL PARK DISTRICT

Resolution No.: 2015 – 7 -

July 21, 2015

APPROVAL OF THE MEASURE CC PROJECT MODIFICATIONS

WHEREAS, per Section 5, Use of Tax Proceeds, of the Measure, the specific projects for which the proceeds of the tax have been deemed necessary as described in the Spending Plan was considered and approved by the Board of Directors on August 3, 2004 (Resolution: # 2004-7-171); and

WHEREAS, the Measure CC includes a Spending Plan commitment that, over the life of the program, 33% of the funds will be used for resource-related projects, 57% for access/infrastructure/safety improvements, and a 10% reserve held for future opportunities as identified by the Board of Directors; and

WHEREAS, approval of the Spending Plan itself does not guarantee that each and every project listed will be completed or undertaken in the time frame proposed, and within the overall percentage allocations list above, the Board may make adjustments reflecting opportunities that arise over the life of the tax that are found to be beneficial resource and enhancement, or public access and safety projects within the zone but that are not necessarily identified on the current project list, and

WHEREAS, per Section 13. Administrative Interpretation, of the Measure, the Board may, by resolution adopt guidelines for administrative matters related to the interpretation and enforcement of this resolution and such guidelines may establish new uses or may modify uses listed in Section 5 provided that the maximum for any use can be no more than $12.00 per year; and

WHEREAS, the proposes modifications to 6 projects per (Exhibit 1) will not change the Spending Plan percentages over the life of the program;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the modification to 6 projects per (Exhibit 1) attached hereto; and

145

Moved by Director , seconded by Director , and approved this 21st day of July, 2015, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

146 Exhibit 1 Measure CC Proposed Project Description Modifications July 21, 2015 Line # Line Original Expenses to Amount Project Manager Location Original Project Description Rational for Change New Project Description Allocation Date Available

The ADA restrooms in the Railroad Museum were Perform installation of ADA accessible lift to main Repair ramps and renovate restrooms at Railroad OPERATIONS Miller/Knox Regional completed. Lift not needed because existing ramp to 38 museum floor, as well as renovation of restrooms at Museum and Park Office to improve ADA access to $150,000 $78,182 $71,818 K. Barrington Shoreline museum was improved in order to provide ADA the Rail road Museum. building. access. Expand project to include Park Office.

Original project was for the park wide improvement of trails. Revise project to focus on Regrade/re-route and improve Stream Trail to STEWARDSHIP Regrade/re-route old fire roads to eliminate soil 57 Redwood Regional Park Stream Trail along Redwood Creek which is the protect creek, eliminate soil erosion and continuing $542,400 $0 $542,400 M. Graul erosion and continuing winter damage. parks most important public access trail along its winter damage. most important creek habitat.

Having completed construction of a small staging Staging area and trail access at Fish Ranch Road area and installation of interpretive panels at Fish Open and operate the land banked former Stone were completed. In 2012, Board approved using Ranch Road and trail links to existing Sibley trails; to OPERATIONS Property. Install interpretive panels, construct a $129,000 as match for State Parks grant to match State Parks grant, continue trail 59 Sibley Volcanic Preserve $600,000 $146,279 $453,721 D. Sykes small staging area at Fish Ranch Road and trail links complete trail improvement and install interpretive improvements, installation of interpretive panel and to existing Sibley trails. panels in throughout Sibley and into Huckleberry trail brushing throughout Sibley, into Huckleberry. (Reso. 2012-9-233). Open and operate the land banked former Stone Property.

Examine alternatives to keep the park's lagoon Restoration of the lagoon requires thorough study healthy and provide public access to water. PLANNING Miller/Knox Regional Keep the park's lagoon healthy via the removal of 1 and environmental clearance. In addition, health of 62 Coordinate project with over all park renovation to $372,961 $127,216 $245,745 M. Julene Shoreline 6,000 cubic yards of silt and vegetation . the lagoon needs to be coordinated with the Land be completed in the fall of 2015 and conditions set Use Plan and park renovation currently underway. in the Land Use Plan currently under development.

Fund continued operation of Crab Cove Visitor The City of Alameda and the Navy have not transfer Center at Crown Beach and existing Bay Trail along OPERATIONS Operate two miles of Bay Trail at Alameda Point, 72 Alameda Point the Alameda Point property to the District. Transfer Triangle Park at Alameda Point and operate two $473,900 $8,067 $465,833 M. Ragatz completed as part of the base conversion process. of the property is not likely to occur by 2020. miles of additional Bay Trail if completed as part of the base conversion process Alameda Point.

Richmond Shoreline Restoration -- Removal of industrial debris, cleanup and enhancement of Richmond Shoreline Restoration -- Removal of No agreement from City of Richmond on shoreline habitat and improvement of shoreline STEWARDSHIP industrial debris, cleanup and enhancement of establishment of new park at Point Molate. Move 76 Point Molate protection to prevent pollution into the Bay at $1,350,000 $0 $1,350,000 M. Graul shoreline habitat north of Miller Knox Regional money to resource enhancement projects in nearby shoreline parks in Richmond from Point Isabel Shoreline to Point San Pablo. shoreline parks. Regional Shoreline in the south to Point Pinole Regional Shoreline in the north.

147 GENERAL MANAGER

148 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER

RECOMMENDATION

The General Manager recommends that the Board of Directors approve a resolution authorizing staff to calculate the property tax rate per $100 of assessed valuation for the repayment of the District’s principal and interest on the Measure AA and the Measure WW bonds. This 2015/2016 tax levy rate is required to be provided to Alameda and Contra Costa counties by August 31, 2015.

REVENUE/COST

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

BACKGROUND

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

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

149 The tax levy is collected by the county’s tax collectors on a July 1-June 30 fiscal year basis. The rate established during August 2015 will impact collections of the amount usually paid bi- annually by taxpayers by December 10, 2015, and by April 10, 2016. These collections will provide funding for debt service payments for March 2016 interest, and September 2016 principal and interest.

The District is required to provide to the counties, before August 31, 2015, the 2015/2016 ad valorem tax rate per $100 of assessed valuation. However, data required to calculate the rate is not provided to the District by the counties until early August. Adoption of the attached resolution will authorize staff to proceed with the rate calculation once the required information is received from the counties, and to file the required tax rate information with the counties by the required deadline. Staff will provide the final calculation to the Finance Committee at the August 26, 2015 meeting.

ALTERNATIVES

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

150 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2015 – 7 -

July 21, 2015

AUTHORIZE THE 2015/2016 TAX RATE TO BE LEVIED BY ALAMEDA AND CONTRA COSTA COUNTIES FOR THE PAYMENT OF EAST BAY REGIONAL PARK DISTRICT MEASURE AA AND MEASURE WW BONDS GENERAL OBLIGATION BONDS

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

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

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

WHEREAS, the bonds are a general obligation of the District, and the District is obligated to levy an ad valorem tax for the payment of the bonds, and interest thereon, upon all property within the District subject to taxation by the District in 2015;

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

BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer are hereby authorized to take appropriate action as necessary to prepare the final calculations and inform the Alameda and Contra Costa counties’ tax collectors of the District’s 2015/2016 tax rate to be levied, and such tax rate shall be in effect until amended by the District; and

BE IT FURTHER RESOLVED, that staff will provide the final calculated tax rate to the Finance Committee at the August 26, 2015 Finance Committee meeting, and

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

Moved by Director , seconded by Director , and adopted this 21st day of July 2015 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT: 151 BOARD AND STAFF REPORTS

152 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

5. BOARD AND STAFF REPORTS

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

City of Richmond – Atlas Road Industrial Building

On Wednesday July 8th, 2015, the Richmond Design Review Board unanimously voted to adopt an Initial Study/Mitigated Negative Declaration (IS/MND) and conditionally approve a Design Review Permit for the Atlas Road Industrial Building project. The project site is located at the corner of Atlas Road and Giant Road and was previously home to the “Steelscape” steel galvanizing operation which included two large blue buildings that were demolished in 2014. Point Pinole Regional Shoreline borders the site to the north and west. The current project, as proposed by the applicant, LDK ventures, will construct an approximately 707,820 square-foot industrial building including office and warehouse space. The building will be 40-43 feet in height, 1,506 feet long, and will feature 427 vehicle parking spaces. In addition to the building and parking, the project applicant will also construct an approximately .6-mile long segment of the San Francisco Bay Trail along the northern project boundary. As a result of discussions between the project applicant, the City of Richmond, and District Land Acquisition staff, the final Conditions of Approval for the project require LDK Ventures to construct and dedicate the trail easement prior to receiving the first Certificate of Occupancy for the building. The trail will be constructed to District design standards and separated from the rest of the site by a fence. Long-term maintenance will be the responsibility of the District.

153 GM COMMENTS

154 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

6. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Chief Financial Officer Debra Auker and AGM Finance and Management Services Dave Collins will update the Board on selected finance activities.

GM COMMENTS Public Safety From May 20 to June 19, 2015 the Public Safety Division handled 836 service calls and 690 total incidents. Highlights are included below.

Police There were 26 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 227 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 268 field interviews (contacts without citations or arrests) and contacted 12 people on probation or parole to conduct compliance checks.

• Antioch Shoreline: On June 18, an officer stopped a vehicle for expired registration. The vehicle was stolen and the driver was arrested for vehicle theft.

• Del Valle: On June 14, an officer contacted a subject who was staggering near the boat launch and unable to care for himself. He had a blood alcohol content of .276 and was arrested for public intoxication.

On June 20, an officer contacted the driver of a vehicle with no license plates. The driver had no license and the vehicle was reported stolen out of San Jose. The juvenile driver was arrested and transported to the Alameda County Juvenile Detention Center.

• Garin: On May 30th, a sergeant stopped a vehicle in the parking lot for a license plate violation. There were two open beer cans in the center console and the driver had a blood alcohol content of .16%. He was arrested for DUI and transported to jail.

• Kennedy Grove: On June 22, an officer contacted a subject for a dog off leash violation. The subject was a registered sex offender and had not listed his vehicle as required. He

155 was released on scene and charges will be filed with the District Attorney for the registration violation.

• McLaughlin Eastshore State Park: On June 10, an officer contacted a person in a restricted area. The subject was a transient and also a registered sex offender. He was in possession of methamphetamine and a syringe and was arrested.

• Miller Knox: On May 30, an officer noticed the driver of a vehicle acting suspiciously and contacted the subject for a welfare check. After further investigation the passenger, who was on parole, was arrested for domestic abuse and transported to jail.

• On June 11, an officer was dispatched to the report of a subject disturbing park users with a flashlight and making verbal threats. The subject told the officer he had been awake for several days and wanted to kill himself. The man was transported to the hospital for a mental health evaluation.

Fire Operations Fire Response • Briones: On June 18, District firefighters, Con Fire, and Calfire responded to a small spot fire on Spring Hill Road. The fire was approximately fifty square feet on a hillside near the park entrance.

• Lake Chabot: On May 29, a captain responded to a report of a vegetation fire at the East Shore Trail. The reporting party extinguished a small trashcan fire. The fire was determined to be accidental.

• Redwood: On June 4, District firefighters and Oakland Fire responded to a hazmat spill from a car that crashed into the creek. District firefighters placed booms into the creek to absorb the fluid.

Fire Training • Helitack: On June 10, firefighters completed Helitack refresher training which included air operations and Helitack safety protocols.

• Lake Chabot: On June 4 and 18, firefighters participated in EMS and electrical power line safety training. The training included new cervical spine immobilization equipment and protocols.

Medical/Accident/Injury Firefighters responded to 3 bicycle accidents, 8 medical emergencies, and 11 personal injuries throughout the District.

• Black Diamond Mines: Two new Public Access AEDs were deployed at the mines.

• Fire Stations 1 and 5: Two new vacuum splint air mattresses were deployed on engines.

156 Fire Fuels Management District-wide • During the months of May and June, the Fire Department utilized goat-grazing services as a fire management tool at Camp Arroyo, Sycamore Grove, Redwood, and Carquinez/Port Costa.

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

• Tilden: Contractors continued the eucalyptus removal project along Seaview Trail.

• FEMA Grants: Fire staff continued scoping FEMA grant projects in the East Bay Hills.

Lifeguard Service • On May 20, staff provided American Red Cross training in waterfront rescue skills to lifeguards and lifeguard instructors in the City of San Jose Recreation Department and the San Francisco Recreation and Park District. This training was needed by both agencies to prepare trained waterfront lifeguard staff for their off-site camp swim areas.

• On May 26, staff hosted a Swim Group Orientation at the Nike classroom. Fourteen swim groups that regularly visit our swim facilities were invited to attend a workshop highlighting adult supervision expectations, water safety, and recent rule changes.

• From May 26 through June 9, staff collaborated with Oakland International High School and the Regional Parks Foundation to offer swim lessons to twenty-five English as a Second Language (ESL) students from Oakland International High School. The training consisted of 9 days of water safety and swimming lessons at Robert’s Pool, and a tenth day of water safety training at Lake Temescal.

• From May 27 through 29, staff collaborated with Alameda City Fire to provide subject matter expertise in open water skills for their California State Fire Marshall Open Water Rescuer course.

• On May 30, staff attended the Bay Area Public Pool Operators Association’s Leadership Summit at the San Lorenzo Community Center. The training provided strategies for leading staff, career opportunities in aquatics, and a question and answer mentoring session with leaders in the aquatics community.

• On June 5, staff participated in Sunol Glen Elementary School’s annual Heroes’ Day. Staff talked to approximately 270 children from K-8th grade about water safety, life jacket use, and EBRPD swimming programs.

• From June 8 through 18, staff and the Regional Parks Foundation (RPF) collaborated with Village Community Resource Center in Brentwood, and Contra Costa Interfaith Supporting Community in Oakley, to provide 65 children subsidized swim lessons at Contra Loma Regional Park through a RPF grant. 3

157 • On June 12, staff worked with Rodriguez Media Production to provide water safety and program information to Latino communities within Alameda and Contra Costa counties.

• On June 13, staff conducted a 3-hour Leader in Training program, for approximately 50 District Junior Lifeguard Aides, on soft skills deemed important for creating youth development and responsible program counselors.

• On June 13 and 14, staff interviewed 34 Junior Lifeguard Aides applying for a Lifeguard Cadet pilot program. The program will help prepare participants to become lifeguards in 2016, after they turn sixteen.

• From June 15 through 19, staff conducted a 5-day Junior Lifeguard Instructor Boot Camp designed to orient Junior Lifeguard Instructors and Junior Lifeguard Aides to the District Junior Lifeguard Program. Training covered water safety, administration, First Aid, and CPR.

• On June 18, staff collaborated with Mills College and Alameda County Health to participate in the World’s Largest Swim Lesson, a World Waterpark Association event.

• On June 19, over 45 lifeguard cadets graduated from the Lifeguard Academy at Trudeau.

158 BOARD COMMITTEE REPORTS

159 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

8. BOARD COMMITTEE REPORTS

a. Board Executive Committee (6/17/2015) (Dotson)

Present

Board: Beverly Lane, Doug Siden, Ayn Wieskamp

Staff: Becky Pheng, Carol Victor, Dan McCormick, Brad Gallup, Jeff Rasmussen, Dave Collins, Bob Nisbet, Matt Graul

Public: Eri Suzuki (Local 2428), Jon Kaufman, Sue Piper, Joanne Draber, Marilyn Goldhaber, Jean Robertson, David Bigham, Barbara Kleger, Peter Scott, Ciara Wood, Jon Kaufman

The meeting was called to order at 12:35 p.m.

1. 2016 Fuels Management Program and Costs Analysis

Dan McCormick, Fire Chief, presented this agenda item. He gave an overview of the Wildfire Hazard Reduction and Resource Management Plan (the Plan) and staff’s effort to implement the Plan. The annual fuels management workplan is prepared by Fire and Stewardship staff and presented to the Board Executive Committee on an annual basis. Mr. McCormick gave a recap of fuels management projects undertaken in 2014, including projects at Briones and Wildcat Canyon. By the end of 2015, staff estimates that approximately 22-acres of new, initial entry work will be completed at Lake Chabot and Tilden.

In 2010, the District was awarded a grant from FEMA for vegetation work. Matt Graul, Chief of Stewardship, talked about the Biological Assessment and Environmental Impact Statement (EIS) that was drafted by FEMA. The District will be required to undertake additional management plans and studies beyond that already established in the Plan. In March 2015, a lawsuit was filed over the EIS. The Committee asked how the lawsuit will affect the District. Staff responded that the District may conduct fuels work subject to the grant funds while the litigation is pending; however, due to lead time needed for fuels project, it is expected that the litigation will be resolved before any work could begin. Mr. McCormick went over Attachment A, and noted that in 2016, approximately 90 acres of new, initial work will be undertaken.

1 160 There was discussion about the costs associated with undertaking fuels management projects. The annual maintenance work has averaged approximately $1,200 per acre for annual treatments. Staff anticipates that this annual per-acre cost will decrease over time. Jeff Rasmussen, Grants Manager, gave an overview of Attachment C and talked about existing funding sources and grants. The District has been awarded a number of grants through the Diablo Fire Safe Council, California Fire Safe Council, and FEMA. Funding for many of the grants is tied to the completion of FEMA’s environmental review process. The District lost two grants due to delays in the FEMA environmental clearance. Staff will continue to look for other grant opportunities. The Committee and staff briefly discussed Measure CC and the possibility of its extension in the next few years.

Director Siden commented on the costs of undertaking fuels management projects and asked staff to clarify Attachment B. Director Lane asked if the District anticipates receiving other grant opportunities for initial entry work. Mr. Rasmussen replied that the Grants Department will be looking for additional grants. Dave Collins, Assistant General Manager, commented about Measure CC and available funding sources. Director Wieskamp asked for information about the Oakland Fire Assessment District. Carol Victor, District Counsel, responded that the proposed assessment failed by a narrow margin.

2. Public Comment

Peter Scott, Jean Robertson, Ciara Wood, Sue Pieper, and Jon Kaufman commented on this agenda item. Comments include:  Thanking and supporting the District’s efforts to undertake fuels management projects.  Encouraging the District to remove rather than thin eucalyptus trees.  Expanding Measure CC (renewal) to include Kensington area.  Improving dialog with District staff on the annual workplan.

3. Board Comments

Director Lane inquired about annual funding commitments for fuels management project, and requested that staff provide before and after photos of the project area.

Director Wieskamp commented that it would be helpful to have a map of the Kensington area in relation to the Plan, photos of projects (before and after), and examples of adaptive management.

Director Siden thanked the public for attending and participating in the meeting. He commented on the possible renewal of Measure CC, and encouraged the public to participate in the process.

The meeting was adjourned at 2:10 p.m.

Respectfully submitted,

Becky K. Pheng

2 161 NATURAL AND CULTURAL RESOURCES COMMITTEE

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

Wednesday, May 20, 2015 1:30 – 3:30 pm, Board Room *

The following agenda items are listed for Committee consideration. In accordance with the Board Operating Guidelines, no official action of the Board will be taken at this meeting; rather, the Committee’s purpose shall be to review the listed items and to consider developing recommendations to the Board of Directors.

AGENDA

STATUS TIME ITEM STAFF

(I) 1:30 Alameda Creek Riparian Bird Community (Riensche) Occupancy Analyses

(I) 2:00 Livestock Management for Environmental (Defreese) Services (I) 2:30 Cultural Services Coordinator Update (Ortiz) (D) 2:45 Future Agenda Items (Graul)

(D) 3:00 Public Comment (Lane)

(R) Recommendation for Future Board Consideration (I) Information (D) Discussion

Board Natural and Cultural Resources Committee Members: Beverly Lane (Chair), Diane Burgis, Whitney Dotson, John Sutter (Alternate) Bob Nisbet, Staff Coordinator

*PLEASE NOTE TIME CHANGE

162 AGENDA SUMMARY

1. Alameda Creek Riparian Bird Community (Riensche)

Alameda Creek comprises one of the largest watersheds in the South San Francisco Bay. It provides refuge to a number of special status species, including an array of Neotropical migrant birds, along the 14 mile stretch that flows through Sunol Regional Wilderness Area. Stewardship surveyed birds with point counts during each breeding season from 2007 through 2011. Over the five year study, 2,596 bird detections were recorded, including 57 species (7 riparian and 12 oak woodland conservation planning species). Multiple-species hierarchical Bayesian occupancy models were used to assess species occupancy and point richness to identify possible associations with vegetation, landscape characteristics, and stream reach location.

The highest species richness, as well as the highest focal species occupancy and richness, occurred along the upper stream reach section of Alameda Creek where elevation is higher and human activity is much lower. Vegetation factors were less influential on species occupancy than stream reach position. Unfortunately, there is no data that allows for addressing human use effects directly, as the number of visitors to the reaches is correlated with elevation. The results suggest elevation, topography, and human use patterns influence bird species richness and abundance in this riparian system.

2. Livestock Management for Environmental Services (Defreese)

Andrée Soares, Owner/President and Brittany 'Cole' Bush, Project manager of Star Creek Land Stewards will provide a visual presentation and short overview of services they have provided to the East Bay Regional Park District and other public land managers as a contractor for the fuel break and environmental stewardship services at the Serpentine Prairie, East Shore State Park and over a half dozen EBRPD parks.

3. Cultural Services Coordinator Update (Ortiz)

Cultural Services Coordinator Bev Ortiz will inform the Committee that her proposed five year plan will be presented on Thursday, May 21 to the Board Operations Committee.

163 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, July 21, 2015

C. BUSINESS BEFORE THE BOARD

8. BOARD COMMITTEE REPORTS

b. Natural and Cultural Resources Committee (5/20/15) (Lane)

Committee Members: Beverly Lane, Whitney Dotson

EBRPD Staff: Bob Nisbet, Matt Graul, Denise Defreese, Joe Sullivan, Dave Riensche, Bev Ortiz, Kristen Van Dam,

Guests: Amelia Marshall, Carin High, Marty Morrow, Andree Soares, Cole Bush, Bill Croggins, Richard Kaufmann, Kelly Abren, Judy Banks

A meeting of the Board Natural and Cultural Resources Committee was held on Wednesday, May 20, 2015 at District Headquarters, 2950 Peralta Oaks Court, Oakland, CA. Chairperson Beverly Lane called the meeting to order at 1:40 p.m. The following is a summary of the items discussed:

1. Alameda Creek Riparian Bird Community (Riensche)

Alameda Creek comprises one of the largest watersheds in the South San Francisco Bay. It provides refuge to a number of special status species, including an array of Neotropical migrant birds along the 14 mile stretch that flows through Sunol Regional Wilderness Area. Stewardship surveyed birds with point counts during each breeding season from 2007 through 2011. Over the five year study, 2,596 bird detections were recorded, including 57 species (7 riparian and 12 oak woodland conservation planning species). Multiple-species hierarchical Bayesian occupancy models were used to assess species occupancy and point richness to identify possible associations with vegetation, landscape characteristics, and stream reach location.

164 2. Livestock Management for Environmental Services (Defreese)

Wildland Vegetation Manager Denise Defreese introduced Owner/President of Star Creek Land Stewards (SCLS) Andrée Soares and Project manager Brittany 'Cole' Bush to provide a visual presentation and short overview of services they have provided to the East Bay Regional Park District and other public land managers as a contractor for the fuel break and environmental stewardship services at the Serpentine Prairie, McLaughlin Eastshore State Park and over a half dozen EBRPD parks.

Over 200 sheep and goats were used on three acres for approximately three days to reduce the height of vegetation in the grasslands to promote the Presidio clarkia at the Skyline Serpentine Prairie. Ms. Defreese said she is looking forward to using SCLS on future projects. Chair Beverly Lane requested a Board tour of the Serpentine Prairie when the clarkia is blooming next season.

3. Cultural Services Coordinator Update (Ortiz)

Cultural Services Coordinator Bev Ortiz informed the Committee that her proposed five-year plan will be presented on Thursday, May 21 to the Board Operations Committee.

4. Future Agenda Items (Nisbet)

Stewardship Chief, Matt Graul suggested three agenda items for the August 19 meeting: blue green algae, Hayward least tern colony and grassland weed management.

Assistant General Manager, Bob Nisbet said he plans on presenting the reorganization of the Acquisition, Stewardship and Development department in November.

5. Public Comment (Lane)

Kelly Abreu distributed the New York Times article, “Roaming Elk at Point Reyes Bedevil Ranchers in California.” He recommended that the grazing plan should be modified for the drought crisis at Mission Peak.

Mr. Abreu requested the iconic landmark pole at Mission Peak that marks a time capsule buried by the Boy Scouts 25 years ago not be demolished, but protected as a cultural and historical resource under the California Environmental Quality Act. He also advised a per person day use fee for Mission Peak would unfairly burden under-served communities.

Carin High reported the Ohlone Audubon, Friends of Coyote Hills and Citizens Committee to Complete Refuge is planning a poster contest for their favorite habitat at Coyote Hills. She expressed her hope that the boardwalk and additional least tern habitat at Coyote Hills would be addressed.

Chair Lane adjourned the meeting at 3:10 p.m.

165 NEWSCLIPS

166 EDITORIAL Parks for science

n March 1915, a historic conference of scientists, con- national parks as reference sites in appropriate scientific servationists, and park leaders was held at the Uni- research, including long-term studies. Of particular im- versity of California, Berkeley. It helped create pub- portance is to increase research on understanding cou- lic support for national parks in the United States pled human-natural systems, particularly (in an era of and the establishment in 1916 of the National Park climate change) threshold effects and adaptive responses. Service (NPS). One hundred years later, a similar International collaborations to expand and integrate re- summit on the same Berkeley campus convened to search from protected areas around the world should be examine the role of science in the next century of Amer- strengthened. Graduate students, postdocs, and early- I Gary Machlis is ica’s national parks. Science career scientists should be the science advisor remains crucial to the future urged to consider parks as health of America’s parks sites for study. Scholarships to the director of and protected areas world- for students doing research the U.S. National wide. But national parks are in parks should be estab- Park Service also vital for science. lished, helping to create the and professor of The National Park System next generation of scientists environmental (which currently includes working in parks. sustainability 407 national parks, historic The NPS can support this at Clemson on July 15, 2015 sites, and other designations) scientific engagement with University, includes invaluable sites for parks. Data sharing and Clemson, SC. scientific research. The ther- data accessibility for exter- E-mail: gary_ mophilic bacteria discovered nal scientists (including [email protected] in Yellowstone National Park the NPS robust inventory were used to develop the and monitoring data sets) polymerase chain reaction should be increased. The re- that is key to DNA research, Black Sand Basin, search permit process can be www.sciencemag.org from forensic science to hu- Yellowstone streamlined and made more man genomics. The High National Park consistent across the system. Flow Experiments in Grand Long-term studies should be Canyon National Park have encouraged, with park staff increased our understanding (including NPS scientists) of the response of aquatic “There is a strong and positive as collaborative partners. In Marcia McNutt ecosystems to transient sand addition, opportunities for feedback loop between ‘parks for is the Editor-in- deposits caused by flooding. citizen science—including Chief of Downloaded from Parks also serve as unique science’ and ‘science for parks.’” the widely popular BioBlitz Science benchmarks for environ- programs that bring young Journals. mental monitoring: The NPS recently used 1.5 million people out to the parks—should be expanded. hours of acoustic data to create a soundscape map of The use of parks for basic research can also contribute the United States that can help guide the conservation to “usable knowledge.” High-quality science is needed to of natural sounds. National parks have contributed to inform complex decisions about issues such as the future advancing wildlife ecology, developing archaeological of wolves on Isle Royale, the establishment of marine re- techniques and preservation treatments, documenting serves in the Dry Tortugas, and the prevention of habitat climate change, and more. fragmentation and species loss in the Greater Yellow- In 2016, the NPS will celebrate its centennial, and sci- stone Ecosystem. There is a strong and positive feedback ence is now even more relevant than 100 years ago. The loop between “parks for science” and “science for parks.” scientific community should help celebrate this event by The 2016 centennial of the NPS comes at a critical time increasing its engagement with the National Park Sys- for science and conservation, in the United States and tem. Parks represent extraordinary national scientific worldwide. As both the gathering at Berkeley in 1915 and assets—as natural laboratories to study ecological pro- the conference earlier this year remind us, science and cesses; as benchmarks to study climate change; and as parks are indispensable to each other. Let’s make the cen- control locations for research, in fields from atmospheric tennial a celebration of science and the national parks. chemistry to archaeology. We encourage scientists to use – Gary Machlis and Marcia McNutt

10.1126/science.aac5760 PHOTOS: (TOP RIGHT) CLEMSON UNIVERSITY; (BOTTOM RIGHT) STACEY PENTLAND PHOTOGRAPHY; (INSET) © MICHAEL RUNKEL/ROBERT HARDING WORLD IMAGERY/CORBIS WORLD HARDING RUNKEL/ROBERT (INSET) © MICHAEL PENTLAND PHOTOGRAPHY; RIGHT) STACEY (BOTTOM UNIVERSITY; RIGHT) CLEMSON (TOP PHOTOS:

SCIENCE sciencemag.org 19 JUNE 2015 • VOL 348 ISSUE 6241 1291167 Published by AAAS

Search underway for Hayward man who fell off boat at Lake Chabot

By Harry Harris and David DeBolt Oakland Tribune

POSTED: 07/15/2015

Divers and rescue personnel prepare to search for a missing person in the water at Lake Chabot Regional Park on July 14, 2015, in Castro Valley. (Aric Crabb/Bay Area News Group)

By Harry Harris and David DeBolt CASTRO VALLEY -- East Bay Regional Park District police and Alameda County firefighters were searching Lake Chabot on Tuesday afternoon for a man who fell into the water from a rental boat, authorities said. The incident was reported at 11:59 a.m. Tuesday at Lake Chabot Regional Park, 17600 Lake Chabot Road.

Authorities said a man had fallen into about 35 feet of water from the boat.

168 The man was apparently alone in the boat. It was not confirmed if he was wearing a life jacket.

Police believe that a man in his 20s from Hayward intentionally went into the water, said East Bay Regional Park District police Lt. Alan Love. A note was found at the man's home.

The Hayward man rented a boat from the marina Tuesday morning, Love said. The boat was recovered, but the man's body wasn't found as of 8 p.m. Tuesday.

Steve Dick, of Walnut Creek, said he was kayaking in the lake when he saw the man rowing a boat. He then saw the man jump out of the boat about 75 yards off shore, Dick said.

"He went in feet first. You don't fall feet first out of a boat. It appeared he jumped," said Dick, who took his kayak to shore to report what he saw. "He went down and never came up for air." Dick and another witness showed officers where the Hayward man went into the water. East Bay Regional Park District divers spent two hours searching for the body Tuesday afternoon. As of 4:15 p.m., Alameda County sheriff's divers were searching the area, which is at least 200 yards from the marina, and authorities set up a command post at the lake. A team of 10 divers from the sheriff's office continued to comb the lake as of 8 p.m. Katrina Cameron contributed to this report.

169

Black Diamond Mines is hidden jewel

| July 12, 2015 |

If the summer heat is starting to get to you, relief might be just a short drive away at Black Diamond Mines Regional Preserve in Antioch. There, inside the Hazel- Atlas Mine, the temperature hovers around 57 degrees all year round. In fact, naturalists even suggest bringing a coat.

The 1920s-era silica sand mine is usually closed to the public, but in July through November it’s open weekends for guided tours. Participants can learn about the history, geology, and mining methods used at this historic mine. In its heyday, until it closed in the late 1940s, the Hazel-Atlas Mine and other mines within the park produced more than 1.8 million tons of sand used for making glass. Much of it was used by the Hazel-Atlas Glass Company in Oakland.

Visitors can explore 950 feet into the preserved mining tunnel, getting a first-hand glimpse at the geological foundations of the Mt. Diablo foothills. We all know earthquake faults criss-cross the East Bay, but seeing a fault from below ground is an eye-opener.

Ninety-minute guided tours are offered twice a day on July 5, 12, 18, 19, 25 and 26. Participants must be age 7 or older. The cost is $5. To register, go to www.ebparks.org.

On July 11, the mine is hosting an open house. The public can drop by for self- guided tours. The open house is from noon to 4:30 p.m.

***

If you’re one of those people who loves the summer heat, the East Bay Regional Park District has a few excellent options for you. An informal survey among District staff last week revealed that the absolute hottest place in the East Bay is not Antioch. Not Livermore. But Round Valley Regional Preserve on the eastern flank of Mt. Diablo, where daytime temperatures stay above 100 for long stretches of the summer.

The 1,911-acre park is a gorgeous expanse of grasslands and oaks, with plenty of desert plants such as black sage and chaparral. It’s also home to some animals most often associated with deserts and the Central Valley, such as desert cottontails, the San Joaquin pocket mouse and the endangered San Joaquin kit fox. The Park

170 District is participating in the ongoing Alameda-Contra Costa Biodiversity Study to learn how we can best protect the kit fox and other animals.

The Round Valley staging area is on Marsh Creek Road south of Brentwood and east of Walnut Creek. Dogs are not allowed at Round Valley because of the sensitive habitat.

Other extra-scorching parks nearby include Vasco Caves, Morgan Territory and Brushy Peak.

***

As the drought continues, water quality remains an issue at some of the Park District’s lakes and shorelines. Warmer-than-normal temperatures and limited rain have created perfect algae conditions at several of our lakes.

Last week, the District closed Lake Temescal for swimming due to a bloom of toxic blue-green algae. The algae can cause skin rashes, gastro-intestinal ailments or other symptoms which can range from mild to severe. It’s especially dangerous for dogs. At least three dogs in the East Bay have died in within the past few months after being in contact with toxic algae.

While not all dogs will be affected by swimming or drinking algae-tainted water, the District is advising dog owners to keep their pets out of cattle ponds, creeks and lakes until the algae blooms have cleared.

Elsewhere in the District, Quarry Lakes Regional Recreation Area in Fremont is closed for swimming due to toxic algae. Shinn Pond, also in Fremont, and Lake Chabot in Castro Valley contain toxic algae but are closed for swimming anyway. All the parks remain open for picnicking, hiking and other activities.

Algae blooms are a natural phenomenon and are occurring at lakes and other water bodies throughout the United States. The District tests its lakes at least weekly and will post advisories or close a lake when appropriate. Check www.ebparks.org for updates and more information.

***

Speaking of water quality, here’s a chance to learn more about how water is tested. Every Saturday and Sunday, at 9 a.m. at Big Break Visitor Center in Oakley, visitors can use state-of-the-art instruments to test water in the Delta for dissolved oxygen, pH, conductivity and more.

171 The results go into a regional database that’s used by researchers, scientists and water managers.

The program is free and no registration is required. Big Break Regional Shoreline is located at 69 Big Break Road.

***

Looking for a place to take train-obsessed kids? Or maybe some train-obsessed adults? The steam trains at Tilden Regional Park continue to delight park visitors of all ages.

The scaled-down Redwood Valley Railway travels through a shady redwood grove and scenic ridge in the wooded hills above Berkeley. With several picnic sites nearby, the area is a great place for a birthday party or afternoon outing.

Horse-drawn train rides are also available at Ardenwood in Fremont. The historic trains are maintained by volunteers from the Society for the Preservation of Carter Railroad Resources, who act as brakemen and drivers as the drafthorse-led train traverses 1 ½-mile of track across the farm.

For information, go to www.spcrr.org.

172

2nd round of chemicals to kill toxic algae in Lake Temescal Posted: Jul 10, 2015 5:54 PM PDT Friday, July 10, 2015 8:54 PM EDT By Rob Roth, Reporter

OAKLAND, Calif. (KTVU) - Environmental engineers were back for the second time this week, spraying Oakland's Lake Temescal. They are hoping this time the chemicals will kill off all of the toxic algae bloom that has forced the lake to be off limits to swimmers. "It's actually a bacteria and we want to make sure it's not around," said Hal MacLean of the East Bay Regional Park District. The toxin is in a bloom of what's called blue-green algae. It was discovered June 30th when routine water quality tests were well above the health department's safe limit standards. Since swallowing the water could cause liver damage, authorities immediately closed the lake. Engineers treated the lake with a hydrogen peroxide solution earlier in the week. They say it killed off most of the toxins, but not all. So they were back Friday. "They had us treat in very specific areas where they saw it start to come back. What we did today was go to those areas, hit them so it doesn't become a full bloom again," said Ira Kersh, an Environmental Services Manager. The combination of dreary weather and the closed off lake has kept people away. The Junior Lifeguard Program was still operating, but only a fraction the campers that originally signed up, have been showing up. Those that do come have been confined to land. The blue-green algae did appear last year and authorities believe the drought and warm water temperatures may be the cause.

173 "We need to get our confidence level up, work with Alameda County Environmental Health to make sure we are both confident we don't have these toxins in the lake," said McLean. The samples will be tested early next week. If all goes well Lake Temescal could be reopened by next weekend.

174

Richmond: Foul play suspected in death of woman found at Point Isabel park

By Chris De Benedetti [email protected] POSTED: 07/10/2015

RICHMOND -- Police suspect foul play in the death of a woman found near a Richmond park last week, according to an East Bay Regional Park District spokeswoman.

Katherine Gravett, 30, was found around 12:35 p.m. July 2, when her body was spotted floating in the water at Point Isabel Regional Shoreline, spokeswoman Carolyn Jones said. A preliminary autopsy showed that she had head trauma, marks on her neck and no water in her lungs, according to the Contra Costa County Coroner's Office. As a result, park detectives believe she was killed before being put in the water, Jones said.

The exact cause of death has not yet been found and the coroner's office is awaiting a toxicology report, which takes six to eight weeks.

Police said Gravett, a former Fremont resident, may have lived most recently in a Berkeley homeless encampment. Days before her death, she had been treated at the county-run John George Psychiatric Pavilion in San Leandro, Jones said.

"Detectives are talking to people at homeless encampments in the area," she said, "And are looking for anyone who might have seen her in the days before she was killed."

Gravett is survived by her parents, Rick and Betsy Gravett; and her sister, Kelly.

She grew up in Fremont, where she graduated from Mission San Jose High School in 2003, said Rick Gravett. She also earned a bachelor's degree in liberal arts from Menlo College in Atherton.

Her father said she was not homeless, but was living in Berkeley before her death. He described his daughter as "a very outgoing person who loved life and was an avid and devoted soccer athlete who played on school squads and club teams."

175 Anyone with information about the case can call Det. Gary Castaneda at 510-690- 6555, or the police anonymous tip line at 510-690-6521.

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

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East Bay's Park It: In Antioch, beat the heat at Black Diamond Mines

By Carolyn Jones Columnist POSTED: 07/09/2015

Visitors tour the inside of the Hazel-Atlas Mine at Black Diamond Mines Regional Preserve in Antioch, Calif., on Saturday, March 3, 2012. The park's underground Greathouse Visitor Center has reopened to the public since it was damaged by storms in December 2007. (Jose Carlos Fajardo/Staff) ( JOSE CARLOS FAJARDO )

Rob Clawson, of Pittsburg, stops to snap a picture of a mine shifter's... ( JOSE CARLOS FAJARDO )

If the summer heat is starting to get to you, relief might be just a short drive away at Black Diamond Mines Regional Preserve in Antioch. There, inside the Hazel-Atlas Mine, the temperature hovers around 57 degrees all year round. In fact, naturalists even suggest bringing a coat.

177 The 1920s-era silica sand mine is usually closed to the public, but in July through November it's open weekends for guided tours. Participants can learn about the history, geology and mining methods used at this historic mine. In its heyday until it closed in the late 1940s, the Hazel-Atlas Mine and other mines within the park produced more than 1.8 million tons of sand used for making glass. Much of it was used by the Hazel-Atlas Glass Co. in Oakland. Visitors can explore 950 feet into the preserved mining tunnel, getting a firsthand glimpse at the geological foundations of the Mount Diablo Foothills. We all know earthquake faults crisscross the East Bay, but seeing a fault from below ground is an eye-opener.

Ninety-minute guided tours will be offered twice a day on Sunday and July 18-19 and July 25-26. Participants must be age 7 or older. The cost is $5. To register, go to www.ebparks.org. From noon to 4:30 p.m. Saturday, the mine is hosting an open house at which the public can drop by for self-guided tours.

Or MEET the heat: If you're one of those people who loves the summer heat, the East Bay Regional Park District has a few excellent options for you. An informal survey among district staff last week revealed that the absolute hottest place in the East Bay is not Antioch or Livermore. It's Round Valley Regional Preserve on the eastern flank of Mount Diablo, where daytime temperatures stay above 100 for long stretches of the summer. The 1,911-acre park is a gorgeous expanse of grasslands and oaks, with plenty of desert plants such as black sage and chaparral. It's also home to some animals most often associated with deserts and the Central Valley, such as desert cottontails, the San Joaquin pocket mouse and the endangered San Joaquin kit fox. The Park District is participating in the ongoing Alameda-Contra Costa Biodiversity Study to learn how we can best protect the kit fox and other animals.

The Round Valley staging area is on Marsh Creek Road south of Brentwood and east of Walnut Creek. Dogs are not allowed at Round Valley because of the sensitive habitat. Other extra-scorching parks nearby include Vasco Caves, Morgan Territory and Brushy Peak.

More awful algae: As the drought continues, water quality remains an issue at some of the Park District's lakes and shorelines. Warmer-than-normal temperatures and limited rain have created perfect algae conditions at several of our lakes.

Last week, the district closed Lake Temescal for swimming due to a bloom of toxic blue- green algae. The algae can cause skin rashes, gastrointestinal ailments or other symptoms which can range from mild to severe. It's especially dangerous for dogs. At least three dogs in the East Bay have died in within the past few months after being in contact with toxic algae.

While not all dogs will be affected by swimming or drinking algae-tainted water, the district advises dog owners to keep their pets out of cattle ponds, creeks and lakes until the algae blooms have cleared.

178 Elsewhere in the district, Quarry Lakes Regional Recreation Area in Fremont is closed for swimming due to toxic algae. Shinn Pond, also in Fremont, and Lake Chabot in Castro Valley contain toxic algae and are also closed for swimming. All the parks remain open for picnicking, hiking and other activities.

Algae blooms are a natural phenomenon and are occurring at lakes and other water bodies throughout the United States. The district tests its lakes at least weekly and will post advisories or close a lake when appropriate. Check www.ebparks.org for updates and more information.

a water lesson: Speaking of water quality, here's a chance to learn more about how water is tested. At 9 a.m. every Saturday and Sunday at Big Break Visitor Center in Oakley, visitors can use state-of-the-art instruments to test water in the Delta for dissolved oxygen, pH, conductivity and more.

The results go into a regional database that's used by researchers, scientists and water managers. The program is free, and no registration is required. Big Break Regional Shoreline is located at 69 Big Break Road.

always popular: Looking for a place to take train-obsessed kids? Or maybe some train- obsessed adults? The steam trains at Tilden Regional Park continue to delight park visitors of all ages.

Carolyn Jones is writing the Park It column while Ned MacKay is on hiatus. Email Ned about East Bay Regional Park District sites and activities at [email protected].

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Efforts fail to remove algae bloom from Lake Temescal in Oakland

An algae bloom in Lake Temescal has continued to close it to the public, July 8, 2015. (KGO-TV)

Wednesday, July 08, 2015 05:08PM OAKLAND, Calif. (KGO) –

Efforts to remove toxins from Lake Temescal are apparently not working.

The lake is now expected to remain closed this weekend.

SKY7 HD showed people on the beach Wednesday avoiding the water.

The popular swimming area in the Oakland Hills has been closed since last week when toxic blue-green algae was discovered.

Water management supervisors said they treated the water with an oxidizing agent, but new tests shows toxins remain in the lake.

An algae bloom closed the popular lake for two months last year.

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Crews control large fire burning in Hayward

Fire crews say they now have control over a large fire burning in Hayward. It started south of the airport and the plume of smoke could be seen for miles. by Leslie BrinkleySu Monday, July 05, 2015

HAYWARD, Calif. (KGO) -- Fire crews say they now have control over a large fire burning in Hayward. It started south of the airport and the plume of smoke could be seen for miles.

A man who was hiking at Hayward Regional Shoreline called in at about 3:30 p.m. Sunday to report that he saw flames at a grassy area along West Winton Avenue very close to the San Francisco Bay. An East Bay Regional Park's Eagle helicopter and fire engines responded aggressively to attack the fire. Initially crews said they were able to contain it to just 4.5 acres within an hour. Officials later said the fire spread to 26 acres.

The scorched acreage is actually on Alameda Flood Control land.

181 "The Alameda County Flood Control property is patrolled by the city of Hayward and Alameda County and it is separated from the park district property by fences," said Lt. Alan Love with the East Bay Regional Park District.

He adds that it is an unusual place to have a fire.

Officials say there were no reports of fireworks in the area. Fire officials report that the man who called in the blaze and says he tried to put it out was questioned and later released.

The cause is still under investigation.

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“BIRD BRAINS” PROVIDE CREATIVE PROTECTION FOR WILDLIFE by cindy margulis, executive director Summer 2015

Whoever thinks that being a “bird brain” is an insult has never encountered the creativity and initiative of our Audubon chapter members.

This spring, Golden Gate Audubon Society undertook a number of crucial efforts to protect local birds. Sometimes these efforts get a lot of attention, like our multi-faceted Night-Heron project. (See this month’s cover story.) Other times, important projects don’t gain as much media coverage.

One project was born when we were appalled to learn definitively that more than 47 percent of all pelicans brought in to International Bird Rescue’s California centers suffer from injuries associated with fishing line! Determined to prevent such suffering, GGAS rallied volunteers to build specialized line-recycling bins for fishing areas. We reached out to multiple agencies and landowners to install these specialized containers and commit to recycling the monofilament.

The collected monofilament will be melted down and transformed into artificial reef-like structures (called “fish hab”) that revitalize degraded fishing spots. Instead of killing birds, it will help restore fisheries on which both wildlife and people depend.

We’re preventing this nearly invisible, treacherous hazard from injuring and killing many local species, such as pelicans, grebes, terns, diving ducks, and Ospreys.

Relying on a single small grant, GGAS will double the number of monofilament recycling sites in all of Alameda County! In addition, GGAS’s commitment inspired the City of Alameda to build a bunch of its own bins and initiate even more line-recycling on the island.

Ingenious “bird brains” benefit other species too, not just birds. Earlier this year, GGAS teamed up with other wildlife fans to protect a pod of harbor seals that had been hauling out for over a

183 decade on a derelict East Bay dock. When a public development project threatened the seals’ secret siesta spot, GGAS spoke out.

We advised the developer to fund an alternate platform to be designed in consultation with a reputable harbor seal biologist—and the developer listened. Within days, they deposited $100,000 in an escrow account for a floating haulout visible from the Bay Trail, and within weeks an active “seal working group” including GGAS and other citizen scientists began conferring on design specs and scouting location sites. With a little luck, current and future generations will get to rejoice at the sight of shy harbor seals loafing comfortably in quiet East Bay waters. Even the tiniest bird brain contains tremendous innate and acquired wisdom. As lovers of wildlife, we must strive to be as resourceful as our favorite creatures are!

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BAY AREA OPEN SPACE COUNCIL COMMEMORATES A QUARTER CENTURY

By Elizabeth Devitt

More than 400 “outside voices” gathered inside the Craneway Pavilion in Richmond, on May 14, to participate in the 2015 Open Space Conference and celebrate the 25th anniversary of the event’s host, the Bay Area Open Space Council.

With a backdrop of the San Francisco Bay, access to the Bay Trail right outside the building, and a national historic park next door, the pavilion was an apt location for “a roomful of people who love using their outdoor voice,” noted Annie Burke, the council’s deputy director.

Although much has changed since the council first formed, the need to connect communities with open space still remains. “We need to continue our work to make sure that all the residents in the state can take advantage of the funding that we use to make lands better,” said Jenn Fox, outgoing executive director of the council.

With the conference slogan in mind — “Try. Learn. Repeat.” — natural space advocates took the stage to discuss ways to improve community engagement, funding, and partnerships, with the overarching goal to preserve and protect open space and working lands.

The first panel, with speakers that included Kaiser Permanente community benefit health manager Erica Browne and Richmond-based Pogo Park founder Toody Maher, focused on strategies to draw communities outdoors. One new community-building effort is

185 called Outdoor Voice, an Open Space Council initiative to create a strong constituency for Bay Area parks and land conservation by signing up at least 10,000 subscribers before June 2016.

In addition to community support, open space preservation needs financial support.

Although Bay Area voters have been willing to pass local measures for green spaces, sources of national-level funding are dwindling, noted Robert Doyle, the general manager of the East Bay Regional Park District.

However, two new potential open space resources have been introduced to the California legislature this year. The meeting’s keynote speaker, Senate President Pro Tem Kevin de Leόn, spoke about the Safe Neighborhood Parks, Rivers, and Coastal Protection Bond Act of 2016 (Senate Bill 317) which would put a measure on next year’s ballot that, if passed by voters, would authorize the issuance of $2.45 billion in bonds to finance sustainable community projects, wildlife conservation, and create or expand safe neighborhood parks in underserved communities. In addition, Richmond-based Assemblymember Tony Thurmond introduced Assembly Bill 932, a bill that would allow the Department of Parks and Recreation to sponsor a specialized license plate program for helping to fund local park and recreation programs.

But money isn’t all that matters; also important are the partnerships among the patchworked stewardships of open space areas. In the dry days to come, these collaborative efforts will need to more efficiently manage the water that these lands both require and sustain. “We need to turn ourselves into a 21st century state that manages water in a new way,” said Brian Stranko, director of the California Water Program for The Nature Conservancy.

The meeting concluded with an introduction of the incoming executive director of the Open Space Council, Deb Callahan, a seasoned environmental policy leader.

Elizabeth Devitt is a freelance science writer based in Santa Cruz.

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'One week of normalcy': East Bay summer camp lets children with serious skin diseases be themselves

By Jeremy Thomas POSTED: 06/28/2015 017 DAYS AGO

Camp Wonder founder Francesca Tenconi of Walnut Creek, talks about the camp held for children 6 to 16 who suffer from serious and fatal skin diseases. At the age of sixteen Tenconi, who has a skin disorder, started the camp fifteen years ago to give kids the opportunity to feel "normal" and have fun with other children with skin disorders. (Doug Duran/Bay Area News Group) ( Doug Duran) ) LIVERMORE -- For much of his 23 years, Mark Delmege has heard the whispers and seen the stares. His arms and legs are constantly scabbed and bandaged, the result of an extremely rare skin disorder called epidermolysis bullosa, or EB, which causes his skin to flake and fall off. Even the slightest touch can cause severe tearing or blistering.

But every summer, at a quiet, secluded camp in Livermore's wine country, Delmege can get away for a while and be with others with similar disorders -- others who understand. "It's just one week of living normal," Delmege said. "There's no staring, no rude comments, it's just an escape. It makes you feel like you're not the only one."

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Camp Wonder attendee Keira Burell, 10, of Ventura, swims in the pool at Camp Arroyo in Livermore, Calif., on Thursday, June 25, 2015. The camp is held for children 6 to 16 who suffer from serious and fatal skin diseases. The camp, started fifteen years ago by Francesca Tenconi of Walnut Creek, gives kids the opportunity to feel "normal" and have fun with other children with skin disorders. (Doug Duran/Bay Area News Group) ( Doug Duran )

Delmege, who lives in San Diego and is now a camp counselor, has been coming to Camp Wonder since it opened in 2001. For nearly 80 children ages 6 to 16 who have chronic, life-threatening skin diseases, the camp is their only opportunity all year to swim, ride horses, learn to dance, go to prom, play games and, most important, just be kids.

The camp is the brainchild of Francesca Tenconi, founder of the Children's Skin Disease Foundation. Born and raised in Walnut Creek, Tenconi at age 11 was diagnosed with a rare skin disease called pemphigus foliaceus, an autoimmune illness that causes her skin to blister and scale. For the competitive swimmer, the news was devastating.

"Skin disease is so visual; you can't hide from it," Tenconi said. "I really had to learn pretty quickly what reality was, of what people would say or what people would think of me." Years of treatment followed, and for her Sweet 16 birthday, Tenconi asked for donations to help start the nonprofit. In 2000, along with Southern California doctors Jenny Kim of UCLA and Stefani Takahashi of USC, she hatched the idea for a sanctuary.

"The goal is to give the kids a week of no staring, no asking, 'Is that contagious?' Giving them that week of just being themselves we hope translates into their lives, and they have more self-esteem and more confidence," Tenconi said. "Everybody has to be part of a community, and this is our community. It's home. It's a safe haven."

This year's camp, which wrapped up Saturday, marked Camp Wonder's 15th anniversary. It was the second experience for Allison Davis, a 13-year-old from Atlanta with Netherton syndrome, which causes her skin to scale and fall off and is

188 found in only 1 in 200,000 newborns. Davis' highlights for the week were zip-lining, rock climbing and meeting Laura Marano, star of Disney's "Austin & Ally" show.

"It's amazing because they know what I go through, and I know what they go through sometimes," she said.

The connections the campers make don't end when camp is over. Rebecca Rhodes, an 18-year-old camp counselor from Atlanta, has Olmstead syndrome, which causes severe callouses on her hands and feet and makes walking difficult. In her fifth year at camp, Rhodes said she's made lifelong friends, a lifetime of memories and had her eyes opened.

"Before I came to camp, I didn't stand up for myself," Rhodes said. "I used to be very self-conscious; I hated being in public. Now, I'll go everywhere. I realized I'm not alone, and there are people much worse off than I am."

The camp is offered free through a grant from the Taylor Family Foundation -- which hosts it at Camp Arroyo -- private donations and funding from dermatology company Galderma. The company manufactures the brand Cetaphil, a line of skin care products that many campers must use on a daily basis.

Inside a bustling "Med Shed" full with ointments, creams and wraps, about 20 medical personnel handle the constant care and bandage dressing required for each camper, many of whom suffer from heat or sun sensitivity and fragile skin.

Doctors Takahashi and Kim head the station, bringing with them several of their respective schools' resident physicians and med students. For the team, Takahashi said, the camp provides a better understanding of how to manage patients with disorders most physicians never encounter.

Parents say the camp has been a godsend. When their 10-year-old daughter, Emily, was diagnosed with EB, Stuart and Heather Houston of San Angelo, Texas, said doctors were clueless how to help. They reached out online and have connected with a community that gave them the answers they needed. While the couple stayed in Livermore, Emily spent her second year at camp. After the first time, Heather said, their daughter came back a completely different person.

"It was wonderful," she said. "She was more independent when we got home; she wanted to do more things on her own. It was amazing. ... They didn't know us, but they shipped her out here and loved her."

189 For Delmege, who has aspirations of going to trade school, the past 15 years at Camp Wonder have changed him, too.

"Life doesn't wait for you to be sad," he said. "You have to just keep going. ... With skin conditions, it's a little tough at times, but just being happy is the most important thing."

Contact Jeremy Thomas at 925-847-2184. Follow him at Twitter.com/jet_bang.

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June 24, 2015 News & Opinion » Eco Watch East Bay Hills Tree Removal Plan Still Sparking Debate

A compromise plan that would thin eucalyptus trees rather than clear-cut them is angering environmental and neighborhoods groups, who either say it goes too far or not far enough. By Sophie Ho

For residents of the East Bay hills, the question is not whether another fire will happen, but how bad the event will be. The hills are prone to particularly destructive fires, a result of hot, dry weather in summer and fall, huge amounts of flammable vegetation that litter the hills' forests, and the limited access that firefighters have to the area. Over the past century, fifteen major wildfires have raged through the hills. The worst, of course, was the 1991 firestorm, also known as the Tunnel Fire, which killed 25 people and destroyed thousands of homes.

In the years after the fire, UC Berkeley, the City of Oakland, and the East Bay Regional Park District began devising plans to cut down on the number of trees and plants in the hills in order to reduce the fuel load during future fires. The three public agencies then applied for millions of dollars in grants from the Federal Emergency Management Agency (FEMA) to pay for their vegetation-management plans.

191 Oakland and UC Berkeley came up with similar proposals, both of which called for the wholesale removal of eucalyptus trees, a highly combustible nonnative species that was widely blamed for fanning the 1991 firestorm. Environmental groups, including the Sierra Club, strongly backed these plans, while some neighborhood groups staunchly opposed them on the grounds that they amounted to clear-cutting. The East Bay Regional Park District, by contrast, settled on a plan to gradually thin the eucalyptus and other vegetation over time.

In March, FEMA announced the approval of $5.6 million in grants to UC Berkeley, the City of Oakland, and the East Bay Regional Park District. But in its approval of the funds, FEMA advised UC Berkeley and Oakland to adhere to the "thinning" method similar to the one proposed by the park district — rather than their clear- cutting plans.

Since FEMA's announcement, environmental and community groups have both criticized FEMA's decision — from opposite points of view. They've argued either that the eucalyptus removal plans go too far or not far enough. Both sides argue that the plans will not help prevent or limit future fires. Some fire experts, however, disagree.

Keith Gilless, dean of UC Berkeley's College of Natural Resources, said the thinning plan likely will be effective. The eucalyptus trees pose a larger risk in the hills, he explained, than in other locations, because there are so many of them and they're clustered together. It's not just that the trees are "quite flammable," he said, but that the eucalyptus groves in the hills are so dense.

In dense forests with closed canopies, he said, flames can jump through the treetops, propagating what's known as a crown fire. Thinning the trees and therefore reducing the canopy, he said, would help reduce the risk of a crown fire in the hills. "Looking at this as someone who's been a forester for more than thirty years, I think actually reducing the amount of forest cover is highly appropriate given the risk that the current vegetation matrix poses to people of Oakland and Berkeley," Gilless said.

He said that FEMA's plan tries to achieve an appropriate balance between the ecological and cultural aesthetic of the region. "Emotions do run high in this because people like forests and trees," Gilless said. "The right plan is always a bit of a compromise between a lot of different ideologies." 192 But some neighborhood groups contend that eucalyptus trees are still being scapegoated in the FEMA plan, and the federal agency's directive will result in the widespread removal of trees — more akin to clear-cutting than thinning. Dan Grassetti, president of the Hills Conservation Network, contends that the worries about eucalyptus are overblown. He also raises concerns about the fact that the public agencies intended to apply herbicide to the eucalyptus tree stumps in order to prevent future sprouting. (In its report, FEMA stated that herbicides would be applied by hand and its effects would not be significant.)

"It's true that the eucalyptus trees shed litter, but it's also true that every tree has some sort of detritus," he said. Grassetti said that instead of focusing on removing eucalyptus, it would make more sense to eliminate the ground fuels and regularly clear the understory — the layer of vegetation that accumulates on forest floors.

But the Sierra Club and the group Claremont Canyon Conservancy contend that the thinning plan won't be nearly as effective as permanently removing and replacing the eucalyptus trees with native vegetation. Norman La Force of the Sierra Club's San Francisco Bay Chapter, calls the thinning plan a "complete 180" from the earlier proposals. He noted the danger that eucalyptus trees pose in propagating fire, and questions why FEMA would not endorse removing more of the nonnative trees.

"I like eucalyptus, too. They're fine trees in the appropriate location," said La Force, who is also president of the group Sustainability, Parks, Recycling, and Wildlife Legal Defense Fund. "But they seem to have some notion that trying to restore a habitat that was here and that is better in terms of fire safety is the wrong thing to do because we already have the eucalyptus. That's like saying BP has already destroyed the Gulf, so let's just start putting oil pumps all over the Gulf of Mexico. Just because that's the way it is doesn't mean that's the way it should be."

When it announced its grant approvals, FEMA stated that it had determined that eradicating eucalyptus, as UC Berkeley and Oakland had proposed, did not "satisfy the purpose and need for the grant of fire reduction" — and therefore didn't meet the hazard mitigation program eligibility requirements. FEMA also requested that the agencies involved adopt a "unified methodology" that is modeled after the park district's thinning approach.

193 Although the Hills Conservation Network and the Sierra Club have opposite views about eucalyptus and the FEMA plan, both have filed lawsuits against the federal agency, raising issues of public transparency and alleging that FEMA didn't fully consider other alternatives to the plan it put forth. Both groups said they're concerned that the "unified methodology" is ambiguous and needs to be compared to more alternative proposals.

Both groups are in talks with FEMA, and hope to reach a settlement. FEMA representatives said they couldn't comment on the pending litigation. Both sides noted that it will be a while before any vegetation removal plan proceeds in the hills. (The exact number of eucalptus trees that would be cut down also is ambiguous, because the plans set goals based on the number of trees per acre rather than on the number of trees to be removed.)

Jon Kaufman, director of stewardship for the Claremont Canyon Conservancy, said that, although his group supports the Sierra Club's view and thinks the FEMA plan will not remove enough eucalyptus trees, his organization opted not to join the lawsuit. He said that the group just wants to move forward. "This has been going on for more than ten years," Kaufman said, noting that the drought and the bone-dry conditions in the hills this year increase the risk of another disastrous and deadly blaze. "We really don't want to delay things any further. The sooner we can make the canyon more fire-safe, the better."

194