Board of Directors Board Meeting Packet September 5, 2017 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
BEVERLY LANE The Regular Session of the SEPTEMBER 5, 2017 President - Ward 6 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, DENNIS WAESPI 2950 Peralta Oaks Court, Oakland Vice President - Ward 3 AYN WIESKAMP Treasurer - Ward 5 ELLEN CORBETT Secretary - Ward 4 Respectfully submitted, WHITNEY DOTSON Ward 1 DEE ROSARIO Ward 2 COLIN COFFEY ROBERT E. DOYLE Ward 7 General Manager ROBERT E. DOYLE General Manager
P.O. Box 5381 2950 Peralta Oaks Court Oakland, CA 94605-0381 (888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX www.ebparks.org AGENDA
REGULAR MEETING OF SEPTEMBER 5, 2017 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Board of Directors of the East Bay Regional Park District will hold a regular 11:30 a.m. ROLL CALL (Board Conference Room) meeting at District’s Administration Building, 2950 PUBLIC COMMENTS Peralta Oaks Court, Oakland, CA, commencing at 11:30 a.m. CLOSED SESSION for Closed Session and 1:00 p.m. for Open Session on Tuesday, A. Conference with Labor Negotiator: Government Code § 54957.6 September 5, 2017. Agenda for the meeting is Agency Negotiator: Robert E. Doyle, Ana M. Alvarez, listed adjacent. Times for agenda Eddie Kreisberg items are approximate only and Employee Organizations: AFSCME Local 2428, Police Association are subject to change during the meeting. If you wish to speak on Unrepresented Employees: Managers and Confidentials matters not on the agenda, you may do so under Public Comments at the beginning of B. Conference with Real Property Negotiator Regarding Price and/or the agenda. If you wish to testify Terms of Payment – Gov’t Code § 54956.8 on an item on the agenda, please complete a speaker’s form and 1) Agency Negotiator: Bob Nisbet, Liz Musbach submit it to the Clerk of the Board.
APN/ADDRESS PROPERTY OWNERS PARK/TRAIL A copy of the background Contra Costa County materials concerning these agenda items, including any 00l-021-003 Robert F. Casey, Trustee Byron Vernal Pools material that may have been Byron Hot Springs Road, Regional Preserve submitted less than 72 hours before the meeting, is available Byron for inspection on the District’s 007-010-025-0; 007-010- Jack T. and Donna M. Deer Valley Regional website (www.ebparks.org), 027-6 Roddy Park the Administrative Building 5601 Chadbourne Road, reception desk, and at the meeting. Brentwood 057-060-017 John T. Roddy (Trustee) Deer Valley Regional Agendas for Board Committee 1 Tour Way, Antioch Park Meetings are available to the public upon request. If you wish 057-060-017 (portion) Roddy Owner, LLC Deer Valley Regional to be placed on the mailing list 1 Tour Way, Antioch (Lessor) Park to receive future agendas for a specific Board Committee, please call the Clerk of the Board’s Office at (510) 544- 2020.
District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the 3 meeting. 1:00 p.m. OPEN SESSION (Board Room)
PLEDGE OF ALLEGIANCE
A. APPROVAL OF AGENDA
B. PUBLIC COMMENTS
1:15 p.m. C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of July 10, 2017 to July 30, 2017 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of August 8, 2017 (Barial Knight/Auker) (No Cost) c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) d. Authorization to Amend a Contract with Habitat Restoration Sciences, Inc. to Provide Vegetation Management Services: Bay Point Regional Shoreline (Barton/Nisbet) (Resolution) (Budgeted Funds) e. Approval of the District’s Job Order Contracting Policy (Bates/Nisbet) (Resolution) (No Cost) f. Authorization to Enter into a Purchase and Sale Agreement with Roddy Owner, LLC for the Real Property Rights Associated with the 225-square foot Communication Site Leasehold Interest at 1 Tour Way, Antioch, and Transfer and Appropriate Funds for its Purchase: Deer Valley Regional Park (Musbach/Nisbet) (Resolution) (WW Funds) g. Authorization to Amend and Extend the Agricultural Lease Agreement with RRS Farms, a California General Partnership: Delta Access Regional Recreation Area (Musbach/Nisbet) (Resolution) (Budgeted Funds) h. Authorization to Execute a Five-Year Grazing License with Batteate, Devane, and Shumate: Lake Chabot Regional Park (Graul/Nisbet) (Resolution) (Rev Auth) i. Authorization to Enter an Agreement with K. Shawn Smallwood for a Wind Turbine Bat Fatality Study: Altamont Pass Wind Resource Area (Graul/Nisbet) (Resolution) (Budgeted Funds) j. Authorization to Transfer and Appropriate Funds and Award a Contract to Ferma Corporation for the Demolition at 1251 McKay Avenue: Robert W. Crown Memorial State Beach (Bates/Nisbet) (Resolution) (Budgeted Funds/ WW/Budget Change) k. Acceptance of Second Quarter 2017 General Fund and Other Governmental Funds Financial Report (Strawson O’Hara/ Auker) (Resolution) (No Cost) 4 L. Authorization to Transfer Funds and Award a Contract to Paving Construction Services, Inc. for Asphalt Maintenance: District-wide (Lebow/Rasmussen/Auker) (Resolution) (Budgeted Funds/ Budget Change) m. Authorization to Enter into a Cooperative Funding Agreement with the East Contra Costa County Habitat Conservancy for Federal Emergency Management Agency Funds: District-wide (Rasmussen/Auker) (Resolution) (No Cost) n. Authorization to Execute a Contract with Knapp Architects for Architectural Services for the Preservation of Camp Bertha: Ohlone Regional Wilderness (Noonan/Rasmussen/Auker) (Resolution) (Budgeted Funds) o. Authorization to Award an Emergency Contract to TNB Construction for Repair of Sand Mine Opening: Black Diamond Regional Preserve (Noonan/Rasmussen/Auker) (Resolution) (Budgeted Funds) p. Authorization to Apply for Grant Funds from the Wildlife Conservation Board Public Access Program: District-wide (Margulici/Rasmussen/Auker) (Resolution) (Rev Auth) q. Authorization to Purchase and Install FuelMaster Fuel Management Equipment from Syn-tech Systems, Inc. (McCrystle/O’Connor) (Resolution) (Budgeted Funds) r. Authorization to Purchase Six Chevrolet Pick-up Trucks from Winner Chevrolet for Vehicle Replacement Program: District-wide (McCrystle/O’Connor) (Resolution) (Budgeted Funds) s. Authorization to Enter into a Special Use Agreement with Tri-Valley Stargazers: Del Valle Regional Park (Patterson/O’Connor) (Resolution) (Rev Auth)
1:30 p.m. 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 320± Acres of Real Property from Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust dated June 19, 2002: Byron Vernal Pools Regional Preserve (Musbach/Nisbet) (Resolution) (Grant Funds) b. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 40± Acres of Real Property from John T. Roddy and Donna M. Roddy: Deer Valley Regional Park (Musbach/Nisbet) (Resolution) (WW Funds/ Grant Funds) c. Authorization to Transfer and Appropriate Funds and Award a Contract to E.E. Gilbert Construction, Inc. for the Rehabilitation of the Boat Launch Facility: Contra Loma Regional Park (Bates/Nisbet) (Resolution) (Budgeted Funds/ Budget Change)
5 1:45 p.m. 3. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle)
2:00 p.m. 4. GENERAL MANAGER’S COMMENTS
2:15 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION
: 2 20 p.m. 6. BOARD COMMITTEE REPORTS
a. Board Legislative Committee (6-16-17) (Corbett) b. Board Operations Committee (7-20-17) (Waespi) c. Board Legislative Committee (7-21-17) (Corbett)
: 2 45 p.m. 7. BOARD COMMENTS
: 3 15 p.m. D. PUBLIC COMMENTS
3:30 p.m. E. ADJOURNMENT
6 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period July 10, 2017 Through July 30, 2017 (Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of July 10, 2017 through July 30, 2017.
Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records.
7 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JULY 10, 2017 THROUGH JULY 30, 2017
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 July 10, 2017 through July 30, 2017;
Moved by Director , seconded by Director , and adopted this 5th day of September, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
8 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
b. Approval of the Minutes for the Board Meeting August 8, 2017 (Barial Knight/Auker)
9 Page Left Blank Intentionally
10 Approved Minutes Board Meeting of August 8, 2017
The Board Meeting, which was held August 8, 2017 at the EBRPD, 2950 Peralta Oaks Court, Oakland, CA 94605 was called to order at 11:30 am by Board President Beverly Lane.
ROLL CALL
Directors Present: Beverly Lane, President Dennis Waespi, Vice President Ayn Wieskamp, Treasurer Ellen Corbett, Secretary Whitney Dotson Dee Rosario Colin Coffey
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 1:20 p.m. by President Lane.
Staff Present: Robert Doyle, Ana Alvarez, Debra Auker, Carol Victor, Carol Johnson, Steve Castile, Anne Kassebaum, Jeff Rasmussen, Liz Musbach, Tonya Covarrubias, Duncan Marshall, Chief Tony Ciaburro, Lisa Baldinger, Dave Mason, Renee Patterson, Michael McNally, Alicia Gonzales, Sean Dougan, Suzanne Lusk, Sara Rieck, Joe Sullivan, Jack Davis, Pat Fishbaum, Pete DeQuincy, Heather DeQuincy, Erich Pfuehler, Matt Graul, Michael McNally, Ruby Tumber, Patty Gershaneck, Mimi Waluch, Juliana Schirmer, Liz Musbach, Kelly Barrington
Guests: Greg Schwab
A. APPROVAL OF AGENDA
By motion of Director Wieskamp, and seconded by Director Waespi, the Board voted unanimously to approve the Agenda.
Directors Present: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
B. PUBLIC COMMENTS
Bryon Scott commented on East Contra Costa Fire Protection District’s need for fire stations in the East Contra Costa area. Scott explained that East Contra Costa County residents pay enough taxes to adequately fund the East Contra Costa Fire Protection District, but the allocation of those taxes is flawed.
Director Coffey suggested that this subject be referred to appropriate management and staff and bring it back to a committee if appropriate. GM Doyle suggested it be referred to the Board Legislative and Board Finance Committees for review.
11 Approved Minutes Board Meeting of August 8, 2017 C. BUSINESS BEFORE THE BOARD
Directors Present: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None
By motion of Director Waespi, and seconded by Director Rosario, the Board voted unanimously to approve item C-1-k.
k. Approval of a Successor Memorandum of Understanding (“MOU”) Between the District and AFSCME Local 2428 for a Four-Year Term with Effective Dates April 1, 2017 to March 31, 2021 and Authorize Appropriations Consistent with the MOU Resolution No. 2017 – 08 - 219 (attached)
GM Doyle expressed Management’s appreciation to both teams who negotiated hard representing the interests of both parties and also the work the Board did to be both fiscally responsible and fair to District employees. GM Doyle said he was pleased to see a four-year-contract that was ratified by the majority of the membership. President Lane commented that she is pleased to have the MOU before the Board. Lane said the comp study will be helpful and thanked both negotiation teams for their work. Director Rosario echoed the GM and President’s acknowledgement stating the negotiations were conducted in a very professional manner by both sides. Rosario asked staff to continue to develop relationships with the Board Directors. Director Corbett thanked the Union team and Management for the open dialog that was allowed between all parties. Director Waespi appreciated the civility shown, and stated that Mark Pearson set the tone for the negotiations. Director Wieskamp appreciated that staff on both sides cared about the District, the employees, and the District’s mission.
Eri Suzuki, Reservations Support Technician, spoke on behalf of the union and thanked negotiation team members Mark Pearson, Dave Butler, Meadow D’Arcy, Kym Anderson, Chris Newey, Josh Sosine, Xiaoning Huang, Cliff Rocha, and business agent Sharon Macleavy for their hard work. Suzuki looks forward to working with the Board in the future, to make the District a better park system for the public and for the workers.
1. CONSENT CALENDAR
By motion of Director Rosario, and seconded by Director Corbett, the Board voted unanimously to approve the balance of the Consent Calendar.
Directors Present: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
a. Approval of District Check Listing for the Period of June 26, 2017 to July 9, 2017 Resolution No. 2017 – 08 - 220 (attached)
Approval of the Minutes for the Board Meeting of July 25, 2017
c. Authorization to Negotiate with Various Property Owners Resolution No. 2017 – 08 - 221 (attached) 12 Approved Minutes Board Meeting of August 8, 2017
d. Approval of Out-of-State Travel for Board Members Dennis Waespi, Whitney Dotson and Ellen Corbett to Attend the 2017 National Recreation and Park Association Conference in New Orleans, Louisiana on September 26-28, 2017 Resolution No. 2017 – 08 - 222 (attached)
e. Authorization to Amend a Contract for Environmental Assessment Services with TRC Solutions, Inc.: San Francisco Bay Trail Resolution No. 2017 – 08 - 223 (attached)
f. Authorization to File an Application for Grant Funds through the Alameda County Altamont Landfill and Resource Facility Open Space Advisory Committee to Acquire Real Property: Pleasanton Ridge Regional Park Resolution No. 2017 – 08 – 224 (attached)
Director Waespi commented that he recently attended a meeting of Assemblymember Baker’s Environmental Advisory Committee. At the meeting, Dick Schneider of the Altamont Landfill Open Space Committee said there is 13 million dollars in grants available that the Park District might consider submitting applications. Liz Musbach, Chief of Land Acquisition, replied that an application for a potential staging area off of Collier Canyon Road was submitted to the Altamont Landfill Open Space Committee for funding in 2017, and before the Board today is a request to submit an application to Altamont Landfill Open Space Committee for land acquisition at Pleasanton Ridge. GM Doyle explained that there is a unique division of dollars in this agreement. 60% of the total funds need to stay in the Livermore area and the other 40% is split between Dublin and Pleasanton.
g. Authorization to Amend and Extend the Shoreline Trail Operating Agreement with the Port Costa Conservation Society: Carquinez Strait Regional Shoreline Resolution No. 2017 – 08 - 225 (attached)
Director Waespi inquired about the maintenance cost. Musbach said it has been incorporated into the costs in the agreement. Waespi asked about fire liability on this type of agreement. Musbach replied that she didn’t know if it was explicitly addressed, but the District would participate in firefighting to the best of its ability, and grazes in part to control the fuel load. GM Doyle stated there is no more liability than any other lands the District operates. Director Coffey asked what the Port Costa Conservation Society does. GM Doyle replied it is a group formed in the nineties to stop a development adjacent to Port Costa. They received a donation of property and the District bought the development piece that was defeated. This was the beginning of the creation of the Carquinez Regional Shoreline.
h. Authorization to Execute an Agreement with SFPP, L.P. for Inspection Services Related to Construction of the Pinole Shores to Bayfront Park Trail Segment: San Francisco Bay Trail Resolution No. 2017 – 08 - 226 (attached)
i. Authorization to Apply for Funding from National Fish and Wildlife Foundation for Dotson Family (Breuner) Marsh Wetland-Upland Transitional Planting: Point Pinole Regional Shoreline Resolution No. 2017 – 08 - 227 (attached)
j. Authorization to Apply for Grant Funds from the Habitat Conservation Fund for Trail Improvements: Tilden Nature Area Resolution No. 2017 – 08 - 228 (attached) 13 Approved Minutes Board Meeting of August 8, 2017
L. Resolution to Oppose SB 649 (Hueso D-San Diego) – Wireless Telecommunications Facilities Resolution No. 2017 – 08 - 229 (attached)
m. Resolution to Support SJR 8 (Allen D-Santa Monica) – California Nonmotorized Trails Master Plan Resolution No. 2017 – 08 - 230 (attached)
n. Resolution to Support AB 398 (Garcia D-Coachella) – Extend the Cap-and-Trade Program Resolution No. 2017 – 08 - 231 (attached)
o. Resolution to Support H.R. 3275 (McNerney D-California) – Water and Energy Sustainability through Technology Act (WEST Act) Resolution No. 2017 – 08 - 232 (attached)
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
By motion of Director Corbett, and seconded by Director Rosario, the Board voted unanimously to approve Item C-2-a.
Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
a. Authorization to Enter into a 30-year Operating and Management Agreement for the Operation and Maintenance of Robert W. Crown Memorial State Beach and Accept a Grant of Easement for McKay Avenue from the State of California, Department of Parks and Recreation and Transfer and Appropriate Funds: Robert W. Crown Memorial State Beach Resolution No. 2017 – 08 - 233 (attached)
Suzanne Lusk, Land Acquisition Specialist, presented a PowerPoint presentation on item C.2a. Lusk provided details about the State owned 250-acre property. The 30-year operations and management agreement will extend the District’s operation and maintenance of the park, prevent degradation of the shoreline resources, and promote recreation and educational opportunities.
Director Corbett commented that she is very happy that the District has this opportunity to renew its partnership with the State for another 30 years. President Lane inquired about the length of the easement on Mackay Avenue. Lusk replied it runs the length of Mackay Avenue from Central to the park. Lane asked about parking. GM Doyle said there is a small parking lot that serves the visitor center, but they are considering a change to the road use to put in a turnaround too. Lane stated the newly acquired property has an existing parking lot that could potentially be used. GM Doyle said the District will work with the City Council and the Planning Department in Alameda to come up with a plan.
14 Approved Minutes Board Meeting of August 8, 2017 3. GENERAL MANAGER
By motion of Director Wieskamp, and seconded by Director Dotson, the Board voted unanimously to approve the resolution overruling protests related to item C-3-a.
Directors Present: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None.
a. Authorize the 2017/2018 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 Resolution No. 2017 – 08 - 234 (attached)
Debra Auker, CFO, AGM of Management Services provided an outline of the item before the Board. She explained that this item is for the Board’s annual approval to authorize the tax levy for Alameda and Contra Costa counties for the District’s bond issue. The District has committed to keep the rate at $10.00 or less per 100 thousand of assessed value, but the covenant states the District must assess the amount necessary for the debt service. Director Waespi asked if the rate has been determined. Auker replied that this year’s rate hasn’t been determined, but the August Finance Committee packet will provide the exact calculation that will be sent to the county. President Lane expressed her appreciation for Finance staff’s work managing this so well; and the District’s bond rating shows how responsible the District has been.
4. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District
General Manager Doyle outlined the action on the agenda. The District is in coordination with the City of Pleasanton on future improvements of the Alviso Adobe Community Park Implementation Plan. President Lane asked when the trail improvements will begin. Bob Nisbet, AGM, ASD replied that the District hopes to have the parking improvements on city property and trail improvements done by the end of the year. Director Wieskamp commented that the city sees this as an opportunity to work together and have trail access at the Alviso Adobe.
5. GENERAL MANAGER’S COMMENTS
MLK Rescue GM Doyle introduced Tony Ciaburro, Acting Chief of Public Safety. Ciaburro introduced Pete DeQuincy, Aquatics Manager who introduced Cull Canyon lifeguards Jack Davis, and Adam Fishbaum. While off-duty, Davis and Fishbaum saved two distressed swimmers in the estuary at MLK shoreline on July 15. DeQuincy presented Davis and Fishbaum with the Medal of Merit, the second highest level of award for their heroic life-saving actions. President Lane commended them for their fine work stating they made the Park District proud. Both lifeguards thanked the Board for their support, and strongly stressed the importance of lifejacket safety.
Grizzly Fire Update Acting Chief Ciaburro provided a report on the Grizzly Peak fire. Ciaburro reported the District received the initial call from the UC Berkeley Police Department. GM Doyle stated the District Fire Station Tilden1 was first on scene. Ciaburro described that during the fire there was an evacuation of children from the Gillespie Youth Camp and Paul Cutino, Assistant Fire Chief did an excellent job of facilitating moving the children to the Brazil 15 Approved Minutes Board Meeting of August 8, 2017 Center where a parent relocation area was set up. Surrounded by fire, a goat herder and his goats also had to be evacuated. Ciaburro reported there was one injury of a hand crew member fighting the fire. GM Doyle explained that the winds were in the area’s favor as the fire could have swept into Claremont Canyon and Strawberry Canyon, and would have been extremely difficult to control. A KRON 4 video report about the fire was shown to the Board.
Director Dotson asked what the response time was from receiving the call to arriving on site. Ciaburro replied it was between 5-10 minutes. Lane asked if the command lead changed after other agencies arrived, or did the District retain control. Ciaburro stated the District arrived first and established incident command; then a unified command was established as multiple agencies arrived. GM Doyle said a decision is made onsite on who has jurisdiction and who will lead, but Cal Fire takes control of the aerial attack. Director Waespi asked if it has been determined to be arson, or is it still under investigation. Ciaburro replied that it is under investigation. Director Rosario commented that the District has a good reputation with local jurisdictions as one of the best wildlife fire departments in the area. Corbett thanked staff and expressed her gratitude for the Fire Departments’ good work. GM Doyle acknowledged Paul Cutino’s leadership at the fire site.
Computed Aided Dispatch Software RMS
Tony Ciaburro, Acting Chief of Public Safety introduced Patty Gershaneck, Communications Manager who provided a PowerPoint on Public Safety Communications new software program, Records Management System or RMS. Gershaneck gave an overview of the history of Communication Center’s various systems used, and explained how RMS will bring Public Safety up to industry standards.
President Lane asked if other cities use RMS or different systems. Gershaneck replied that many agencies are moving to the RMS system, but the software system chosen is dependent on the agency’s needs and current equipment. GM Doyle commented that this high-quality system is an additional safety feature allowing staff who are in the far reaches of our parks the ability to communicate. President Lane inquired about the new mobile incident command vehicle. Gershaneck said it is currently being housed at the Helicopter Hangar and being prepared for deployment.
Director Waespi commented on the Share Our Trail events sponsored by the Regional Parks Foundation that bring more people into the parks, and the education it provides to new park users. President Lane commented on the pop-up visitor centers being held for park outreach.
6. ANNOUNCEMENTS FROM CLOSED SESSION
District Counsel Carol Victor stated that there are no announcements from the Closed Session.
GM Doyle left at 3:00 pm, DGM Ana Alvarez took his seat.
7. BOARD COMMITTEE REPORTS
a. Board Executive Committee (7-06-17) (Lane) b. Board Legislative Committee (5-30-17) (Corbett) c. Natural and Cultural Resources Committee (5-17-17) (Rosario)
Rosario thanked staff for the pesticide report which provides a good baseline for the future, given at the Natural and Cultural Resources Committee.
16 Approved Minutes Board Meeting of August 8, 2017 8. BOARD COMMENTS
Director Rosario reported on meetings attended. Director Rosario • Met with Jerry Kent to discuss the history of the Wilder and McKosker Properties; • Attended the JPA at Chabot Space and Science Center; • Attended the Board Field trip to Alameda Point; • Met with Dan Cunning for a tour of Briones to view the proposed removal site of trees located in the vicinity of PG&E’s pipeline; • Met with new San Leandro Recreation Director Jeanette Dong; • Attended the Contra Costa County Mayors’ Conference; • Met with Lafayette Mayor Mike Anderson; • Met with Moraga Mayor Teresa Onoda regarding Canyon Bridge; • Attend the 20th Anniversary of the Friends of the Botanic Garden; • Will have lunch with Chabot Space and Science Center Director.
Director Corbett reported on meetings attended. Director Corbett • Attended the Board Field trip to Alameda Point; • Attended the Greater & Greener Conference. Corbett complimented the Minneapolis Park District Board for their beautiful parks. Minneapolis battling blue-green algae and developed a program called Literary Picnics.
Director Waespi reported on meetings attended. Director Waespi • Attended the Regional Parks Foundation Board meeting; • Attended the Castro Valley Eden Chamber Mixer at Meek Estate; • Attended the Board Field trip to Alameda Point; • Walked with Rep. Eric Swalwell at Lake Chabot; • Attended EBRPD Tim Walker’s Retirement party; • Attended a community event with Dawoodi Bohras Mosque members to plant trees in Cull Canyon; • Attended the Board Executive Committee.
Director Coffey reported on meetings attended. Director Coffey • Attended the Board Field trip to Alameda Point; • Attended the Multicultural Wellness Walk in Briones. Coffey commented that he enjoys going to Pinole Shores to watch the construction progress of the bridge. He manned a District table at the Martinez Annual Beaver Festival.
Director Dotson reported on meetings attended: Director Dotson • Attended the Board Field trip to Alameda Point; • Attended the Board Meeting at Big Break. Dotson has been planning the October 7 Oakland/Richmond Festival.
Director Wieskamp reported on meetings attended: Director Wieskamp • Attended the Board Field trip to Alameda Point; • Attended the Livermore Chamber of Commerce meeting; • Attended the Executive Committee meeting; • Will meet with Ira Bletz at Shadow Cliffs to discuss the pavilion; • Will attend a public meeting at Coyote Hills about the Patterson Ranch property. 17 Approved Minutes Board Meeting of August 8, 2017
Director Lane reported on meetings attended. Director Lane • Went to the Oakland Museum and saw an exhibit that featured East Bay Parks; • Is working with the National Park Service on an exhibit at the O’Neil Festival. Lane expressed appreciation for the opportunity to honor the lifeguards. Had e-mail correspondence regarding bat houses at the San Ramon Creek bridge;
E. PUBLIC COMMENTS
There are none.
F. ADJOURNMENT
The meeting was adjourned at 3:25pm by Board President Lane.
Respectfully submitted:
/s/ Sharon Clay Acting, Clerk of the Board
18 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, to negotiate with:
APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County
946-1250-014-06 City of Pleasanton Shadow Cliffs Regional Vineyard Road, Pleasanton Recreation Area
Contra Costa County
273-270-014, 273-280-003, OG Property Owner LLC Sibley Volcanic Regional 273-280-004 Preserve Wilder Road, Orinda
273-290-001, 273-290-002 OG Property Owner LLC Sibley Volcanic Regional Edgewood Road, Orinda Preserve
273-160-019 City of Orinda Sibley Volcanic Regional Gateway Blvd, Orinda Preserve
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.
19 BACKGROUND
The proposed resolution for this item is in direct response to the Brown Act. According to District Counsel, "The Board may meet in Closed (Executive) Session prior to or during negotiations to give instructions to its negotiator regarding the price and terms of payment for the purchase or the lease of the property only after it has identified the parcels of concern, and has identified the people with whom this negotiator may negotiate in open session."
ALTERNATIVES
No alternatives are recommended.
20 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
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 September 5, 2017; 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:
APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County
946-1250-014-06 City of Pleasanton Shadow Cliffs Regional Vineyard Road, Pleasanton Recreation Area
Contra Costa County
273-270-014, 273-280-003, OG Property Owner LLC Sibley Volcanic Regional 273-280-004 Preserve Wilder Road, Orinda
273-290-001, 273-290-002 OG Property Owner LLC Sibley Volcanic Regional Edgewood Road, Orinda Preserve
273-160-019 City of Orinda Sibley Volcanic Regional Gateway Blvd, Orinda Preserve
21 Moved by Director , and seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
22 Acquisition, Stewardship & AUTHORIZATION TO NEGOTIATE Development Division Date: September 5, 2017
Antioch
Concord
Richmond
Hwy 24 Contra Costa Berkeley County Mt. Diablo State Park 2-4
Danville
Oakland
Alameda County San Francisco Bay 1 Livermore Hayward
Fremont
Legend
EBRPD Lands 0 5 Miles [ O:\GIS\MPeterson\Projects_2017\ASD\Land\A2Ns\9_5_2017.mxd
ALAMEDA COUNTY CONTRA COSTA COUNTY
Park/Trail: Shadow Cliffs Regional Recreation Area Park/Trail: Sibley Volcanic Regional Preserve 1 Owner: City of Pleasanton 2 Owner: OG Property Owner LLC APN: 946-1250-014-06 APN: 273-270-014, 273-280-003, 273-280-004 Location: Vineyard Rd, Pleasanton, CA Location: Wilder Rd, Orinda, CA
Park/Trail: Sibley Volcanic Regional Preserve 3 Owner: OG Property Owner LLC APN: 273-290-001, 273-290-002 Location: Edgewood Rd, Orinda, CA
Park/Trail: Sibley Volcanic Regional Preserve 4 Owner: City of Orinda APN: 273-160-019 Location: Gateway Blvd, Orinda, CA
23 Page Left Blank Intentionally
24 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
d. Authorization to Amend a Contract with Habitat Restoration Sciences, Inc. to Provide Vegetation Management Services: Bay Point Regional Shoreline (Barton/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the amendment of a contract with Habitat Restoration Sciences, Inc. (HRS) to provide continued vegetation management services for Bay Point Regional Shoreline through June 2019.
REVENUE/COST
In February 2017, the District entered into a contract for services with HRS in the amount of $46,460. Additional funding in the amount of $78,648 is needed to continue vegetation management at Bay Point Regional Shoreline through June 2019, bringing the total contract amount to $125,108. Funds are available in the Improve Access Restore Habitat Project (#175300) budget, as shown below.
SOURCE OF FUNDS Improve Access Restore Habitat Project (#175300) $ 1,350,000 Encumbrances and Expenditures to Date (885,181) TOTAL AVAILABLE BALANCE $ 464,819
USE OF FUNDS Amendment to Agreement with HRS $ 78,648 REMAINING BALANCE $ 386,171
BACKGROUND
Proactive habitat maintenance is an essential activity for successful establishment of restored or enhanced native habitats. A request for proposals for conducting habitat restoration and vegetation management services for various park locations was issued in September 2015. HRS (formerly Restoration Resources) was among the firms selected for their relevant experience and successful track record in providing vegetation management services for restoration projects
25 in the East Bay.
In February 2017, the District entered an agreement with HRS for vegetation management work to be performed for the 2017 season at Bay Point Regional Shoreline. Staff estimates that up to an additional 18 months of services are needed prior to construction of the restoration and public access project. Under the proposed contract work, crews will perform timed and targeted integrated pest management to control weed infestations. HRS has the available workforce, and have the required knowledge of native and non-native plant species required for the work to be performed.
ALTERNATIVES
No alternatives are recommended.
26 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 –
September 5, 2017
AUTHORIZATION TO AMEND A CONTRACT WITH HABITAT RESTORATION SCIENCES, INC. TO PROVIDE VEGETATION MANAGEMENT SERVICES: BAY POINT REGIONAL SHORELINE
WHEREAS, proactive habitat maintenance is an essential activity for successful establishment of restored or enhanced native habitats; and
WHEREAS, a Request for Proposals (RFP) for conducting habitat restoration and vegetation management services for various park locations was issued in September 2015; and
WHEREAS, based on the East Bay Regional Park District’s (District) evaluation of the proposals received, Habitat Restoration Sciences, Inc. (formerly Restoration Resources) was among the firms selected for their relevant experience and successful track record in providing vegetation management services in the East Bay; and
WHEREAS, the District entered an agreement for said services at Bay Point Regional Shoreline with Habitat Restoration Sciences in February of 2017, for a fee of $46,460; and
WHEREAS, additional services are needed to continue weed control for up to 18 months in advance of construction to support the successful implementation of habitat restoration; and
WHEREAS, there is funding available for the contract amendment with Habitat Restoration Sciences within the Improve Access Restore Habitat Project (#175300) budget;
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes and directs the General Manager to increase the contract with Habitat Restoration Sciences, Inc. by $78,648, bringing the total contract amount to $125,108; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , and seconded by Director , and adopted this 5th day of September, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
27
Page Left Blank Intentionally
28 BAY POINT REGIONAL SHORELINE RESTORATION AND PUBLIC ACCESS PROJECT
29 Page Left Blank Intentionally
30 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
e. Approval of the District’s Job Order Contracting Policy (Bates/Nisbet)
RECOMMENDATION
The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors approve the Job Order Contracting Policy.
REVENUE/COST
There is no revenue/cost impact associated with the acceptance of the report.
BACKGROUND
Job Order Contracting (JOC) is a procurement tool intended to supplement the current procurement processes utilized by the departments that manage contracts for the District. These departments include Design and Construction, Operations, Maintenance and Skilled Trades, Fire, Trails Development, and Finance & Management Services. Current procurement policies and procedures are determined by the dollar amount of the contract, as outlined in Appendix E of the Board Operating Guidelines. Per these guidelines, job order contracts are required to be competitively bid and awarded by the Board of Directors to the contractor that bids the lowest adjustment factor.
A job order contract is a contract for a fixed term or maximum dollar value, whichever occurs first, in which a contractor performs various separate job orders during the term of the contract, based upon fixed unit costs established as basis for the competitive bidding of the contract. These unit costs include the components of labor, material, and equipment required for numerous and varied construction tasks related to repair or refurbishment projects. The costs incorporate the State’s prevailing wage and local material cost data. These fixed unit costs are multiplied by the estimated quantities of materials and tasks of a specific job order and the contractor’s adjustment factor to provide total cost for the job order. Several job orders can be executed under one job order contract.
31 This method of contracting provides for improved efficiencies that benefit the District in several ways. District staff can work collaboratively with a contractor to establish the most efficient means and methods for a job order. Discussions can happen between staff and the contractor during the job order scoping, which allows for a combined effort toward the best project results, as opposed to the potential for proposed change orders to an executed contract. Additionally, administrative time and resources are reduced, as individual job orders do not need to be advertised, printed, and then brought to the Board for approval. This allows District staff to manage small to medium-sized projects in a timelier fashion. Contractors are also motivated to execute at a higher level in anticipation of receiving more job orders.
The JOC Policy defines the JOC program and establishes guidelines for the successful use of this program at the District. The policy outlines the following:
Defines components of the JOC program Provides standards for when JOC is to be used Clarifies procedures and processes for use of JOC by various departments throughout the District Describes reporting of the current job orders
The adoption of this policy will provide clear direction on the applicable use of JOC at the District, and will allow for an additional tool by which projects can be completed effectively and efficiently.
ALTERNATIVES
No alternatives are recommended.
32 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
APPROVAL OF THE DISTRICT’S JOB ORDER CONTRACTING POLICY
WHEREAS, the East Bay Regional Park District (District) executes numerous contracts for the maintenance and improvement of infrastructure and facilities; and
WHEREAS, Job Order Contracting (JOC) provides an additional procurement tool to enhance the ability of the District to deliver projects; and
WHEREAS, the District will derive benefit from having a clear JOC policy that defines and establishes proper use of the JOC program; and
WHEREAS, the Board Finance Committee reviewed this item at their meeting on June 28, 2017, and unanimously recommended favorable consideration of this item by the Board of Directors;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the Job Order Contracting Policy; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of the resolution.
Moved by Director , seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
33 Page Left Blank Intentionally
34 EBRPD JOC Guidelines
East Bay Regional Park District Job Order Contracting (JOC) Policy Guidelines
1. POLICY AND PROCESS OVERVIEW The East Bay Regional Park District (District) will conduct all Job Order Contracting (JOC) in accordance with these Policy Guidelines and the guiding principles and regulatory requirements of applicable Federal, State, and County codes and regulations. The District’s JOC program may be further guided by duly approved Board of Directors actions and policies, as well as Finance Department Policies & Procedures.
2. PURPOSE AND SCOPE The purpose and scope of these Policy Guidelines is to provide an overview of the general guiding principles and regulatory requirements that form the basic foundation of the District’s JOC process. JOC can play a vital role in District contracting. The JOC process is an alternative procurement method to the typical competitive bidding process; and is an additional procurement tool intended to supplement the current procurement processes. It is an alternate form of competitive bidding for the use of the departments currently authorized to procure contracting for works of improvement including repair, remodeling, and other repetitive tasks for the District. The District shall operate its program consistent with Public Contract Code section 20128.5 as it may be amended from time to time.
3. JOC OVERVIEW I. Definitions: a. Project Manager: District employee responsible for the scoping and execution of Job Orders b. JOC Consultant: Consulting firm that assists the District in administering the Job Order Contracts. Consultant provides proprietary software for tracking Job Orders as well as the Construction Task Catalog for unit pricing. c. Job Order Contract: A Job Order Contract (JOC) is a contract for a fixed term or maximum dollar value, whichever occurs first, in which a contractor is selected based on a competitive bid to perform various separate job orders in the future, during the term of the contract. Contract award is based on the lowest bid adjustment factor. d. Job Order: A Job Order is a document signed by the District that describes the work to be accomplished for any given project that is authorized under an awarded JOC. Each Job Order will include a detailed scope of work, a firm fixed price, a time duration for the completion of the work and any special conditions that might apply to that specific Job Order, such as liquidated damages. e. Construction Task Catalog: The JOC includes a Construction Task Catalog (CTC). The CTC is a comprehensive listing of the various components of labor, material, and equipment used to develop the cost of construction related repair or refurbishment projects. The standard tasks are based on the use of experienced labor with high quality materials. All of the pre-priced unit costs incorporate prevailing State wage and local materials cost data.
Page 1 of 7
35 EBRPD JOC Guidelines
f. Adjustment Factor: The adjustment factor represents all of the contractor’s costs (indirect and direct) and profit not included in the pre-priced unit costs which make up the Construction Task Catalog. The contractor multiplies the adjustment factor by the pre-priced units tasks in the CTC and the unit take offs of the proposed Job Order scope to provide a total cost for the Job Order. II. Selection of Contractor: a. The award of multiple JOC contracts will be used to maintain control over contractor performance, quality of work, and timely completion at controlled prices. Maintaining flexibility in the contractor selection process will optimize the District’s control i. District is under no obligation to award work beyond the guaranteed minimum value to be established in the bid documents. District is under no obligation to award any specific number of Job Orders. However, as work and funds become available, job order will be provided to each JOC Contractor as early in the JOC Contract period as feasible to satisfy the minimum value. ii. To the extent feasible, Job Orders will be distributed on a fair basis, having in mind the goal of meeting the needs of the District and rewarding good performance. In their determination of good performance, staff may apply criteria such as, but not limited to, timely and accurate performance of JOC processes, quality construction, timely completion of Job Orders and close-out, safety record, meeting project order goals, project specific requirements, and local employment participation. III. Contract Value a. The JOC has a maximum contract dollar value and a fixed contract term as set forth in Public Contract Code Section 20128.5, and as approved by the Board in the bid documents. The bid document may set a minimum order quantity. IV. Contract Term a. The term of each Job Order Contract will be for one year, except that the JOC shall continue to cover Job Orders issued during that year until the work there under has been completed. Accordingly, all Job Orders must be issued, but need not necessarily be completed, within one calendar year of the commencement date of the Job Order Contract, which is the date the first Notice to Proceed is issued. V. Insurance and Bonds a. Insurance: Coverage shall be provided and maintained as outlined in the District’s General Conditions. b. Bonding: Performance Bonds and Labor and Materials Payment Bonds in the amount of the Maximum Contract value shall be required as outlined in the General Conditions. VI. Contractor Obligation / Qualifications a. Under the JOC, the Contractor furnishes management, labor, materials, equipment, and engineering support as required to perform the work covered by the applicable Job Order that is issued under the awarded JOC contract. Proper
Page 2 of 7
36 EBRPD JOC Guidelines
licenses are required at the time of bid for the JOC contract for the Contractor to be considered a responsive bidder. VII. Contractor Mobilization a. The District will expect full contract performance from the start date of the Job Order Contract. The contractor must be fully operational and capable of starting work upon the initial award of the JOC. The contractor is expected to commence mobilization activities as soon as practical after a “Notice to Proceed” has been issued.
4. JOB ORDER PROCESS I. Determination to use JOC. The Department Chief reviews a proposed project and initially determines an appropriate method to execute the project. Examples of method include design-bid-build (competitive bidding pursuant to the Public Contract Code), JOC, or some other procurement method. JOC is an appropriate delivery method for any type of repetitive work, especially renovation and refurbishment jobs. II. Criteria. As part of the Project Initiation process for a Job Order, the proposed work shall satisfy the following criteria: a. The scope of work involves only repair, remodeling or other repetitive work. b. The project is not new construction. JOC contractor is not performing design or contract drawings. c. Compliance with California Environmental Quality Act (CEQA) has been verified (i.e., the work is either not a “project” under CEQA; the project has been determined to be categorically exempt; or other appropriate environmental review has been performed, such as a Negative Declaration or Mitigated Negative Declaration). d. The project is consistent with an approved District capital improvement plan, or is scheduled or unscheduled maintenance. e. All permits, including but not limited to building and storm water permits, have been obtained, or a determination that a permit is not needed has been made by the appropriate authority. The designated Project Manager will provide appropriate justification for this determination on the Project Initiation form. f. The Job Order will be done with already approved plans and specifications prepared by a licensed architect, engineer, landscape architect or other design professional, or plans and drawings are not required. The designated Project Manager will provide appropriate justification for this determination on the Project Initiation form. g. Appropriations and the availability of funds for the project have been confirmed. III. Project Manager Review. The project’s designated Project Manager is responsible for ensuring that these immediately preceding criteria have been satisfied prior to issuance of a Job Order. IV. Documenting Project Manager and Department Chief review. Before a Job Order is initiated, the PM shall document, and the authorized Department Chief shall review and approve, that the above criteria are satisfied and that the work may be processed as a Job Order.
Page 3 of 7
37 EBRPD JOC Guidelines
V. Other Legal Requirements. The use of JOC is not intended to supersede any other legal requirements. VI. Job Order Development. Each Job Order must be approved by a Project Manager. A joint Scope Meeting is held with the contractor, PM, Construction department staff, and the JOC Consultant representative to review the scope of work. The duration of the project, and the amount of liquidated damages, if any, is determined during Job Order development. A Request for Proposal is then sent to the contractor. The contractor prepares and submits a proposal package. After the JOC Consultant representative reviews the proposal package, the PM and authorized Department Chief will evaluate and verify the proposal package, including the correct tasks and quantities, and determine if the JOC contractor proposes to accomplish the detailed scope of work, including any specific project provisions, in an acceptable manner. If the JOC contractor’s price proposal is found to be reasonable, a Job Order may be issued at the agreed upon units which, when multiplied by the Unit Price and Adjustment Factor, will establish the firm-fixed price for the Job Order. Each Job Order issued will represent a separate contractual obligation to be performed under the terms and conditions in the controlling JOC. These steps will be processed using proprietary Job Order Contracting software, under license provided by the JOC Consultant. VII. Non Pre-priced Items. These are units of work that are not included in the Construction Task Catalog (CTC) but which are within the general scope and intent of this Contract. The costs associated with non-pre-priced items are established in the General Conditions. VIII. Sub-Contractors. Because a Job Order Contract (JOC) is an indefinite quantity contract pursuant to which a contractor will perform a variety of Job Orders, contractor must designate subcontractors, in each Proposal Package. As part of each Job Order Proposal Package, the awarded JOC contractor shall provide a list of subcontractors, giving name and location of place of business, license number, subcontract value, and any other information the District deems relevant, including bonding of each subcontractor who will perform a portion of the Job Order work in an amount in excess of one half of one percent of the Job Order proposal. In each instance the nature and extent of the work to be subcontracted shall be described.
5. REPORTING I. Quarterly, the Chief of Design and Construction shall submit to the Board Finance Committee a report of the Job Order Contracting Program. The report shall include the following information: a. Job Order Number b. Contractor / Contract Number c. Project Name d. Preliminary Estimate e. Initial Proposal Amount f. Actual Proposal Amount g. Date of first Notice to Proceed issued h. Cumulative dollar amount of Job Orders for each contract
Page 4 of 7
38 EBRPD JOC Guidelines
6. JOC EXECUTION PROCEDURES. Once the Department Chief has authorized the use of JOC for a specific project, the overall Job Order execution procedures shall adhere to the following process:
Step I: Project Initiation Forms Department Chief reviews project and determines Project Initiation most appropriate method to execute project. Job Order Checklist If project assigned to JOC, Project Initiation Form is filled out by the designated Project Manager. All criteria will be reviewed by Project Manager. The estimated duration of the project and the amount of liquidated damages, if any, is determined. Project Initiation Form submitted to the designated Department Head for review and signatures. Once appropriate signatures are obtained, Project Initiation Form is submitted to JOC Consultant for project creation in the JOC tracking software. JOC Consultant creates a Job Order project in JOC software, prints a Job Order Checklist and starts a Project File.
Step II: Project Development Forms JOC Consultant/designated PM schedules a Joint Joint Scope Invitation Scope Meeting with all appropriate parties and sends Initial Scope of Work a Joint Scope Invitation and Initial Scope of Work to Joint Scope Minutes JOC Contractor. Request for Proposal JOC Consultant/designated PM clearly reviews the Scope of the project with the Contractor at the Joint Scope Meeting. JOC Consultant creates Joint Scope Minutes and issues as appropriate. Based on the Joint Scope Meeting, JOC Consultant/designated PM updates the Initial Scope of Work and the Estimate (if necessary). JOC Consultant prepares and issues the Request for Proposal (RFP) and submits to the Contractor with an updated Scope of Work.
Step III: Proposal Development and Review Contractor prepares Proposal Package based on RFP Proposal Package: and updated Scope of Work. . Cost Proposal Contractor submits Proposal Package to JOC . NPP Backup Consultant. . Subcontractor List JOC Consultant/designated PM reviews the Proposal . Duration Schedule Package and works with the Contractor to make any . Drawings/Submittals required changes.
Page 5 of 7
39 EBRPD JOC Guidelines
Step IV: Project Approval When the parties are satisfied with the Proposal Job Order Package, JOC Consultant approves proposal and Authorization updates the Scope of Work (if necessary). Final Scope of Work JOC Consultant creates and submits Contractor’s Cost Proposal Summary Cost Proposal and Final Scope of Work to JOC Consultant Invoice Contractor for signature. Notice to Proceed Contractor signs forms and returns to JOC Consultant/designated PM. JOC Consultant creates and submits Job Order Authorization and JOC Consultant Invoice to designated PM. Designated PM signs forms and obtains signatures from the Department Chief and others, as required. JOC Consultant/designated PM creates a Notice To Proceed, obtains signature and issues NTP to Contractor
Step V: Construction and Inspection Designated PM schedules and chairs a Pre- Construction Meeting with all appropriate parties. Inspector inspects the work as appropriate. Contractor requests partial payments as appropriate. Contractor requests final inspection. The Department Chief or their authorized designee issues a Completion Certificate when the Project is 100% complete
Step VI: Payments A. Partial Payments Certificate of Payment Contractor submits a Certificate of Payment and Certified Payroll calculation of completed Work Notice of Completion Designated PM and/ or Project Inspector reviews the project and verifies percentage complete and adjusts as appropriate. Designated PM forwards Certificate of Payment to Accounts Payable Accounts Payable processes payment sends the check to the Contractor, unless other arrangements are made in advance.
B. Final Payments District will make one payment for all Job Orders that have a Job Order completion time of 30 days or less, or a Job Order Price of $25,000 or less.
Page 6 of 7
40 EBRPD JOC Guidelines
Contractor submits final Certificate of Payment once construction is 100% complete. For projects in excess of 30 days or price in excess of $25,000, District retains 5% until at least 35 days after the Notice of Completion is filed.
Step VII: Project Close-out When the project is 100% complete including all Contractor Evaluation Guarantees, Warrantees, O&M Manuals, As-Builts, etc., but prior to final payment, the Department Chief or authorized designee records a Notice of Completion. JOC Consultant closes out the project in JOC software and archives the Project File. District staff determines if the particular contractor should be awarded further work based on its performance.
Page 7 of 7
41 Page Left Blank Intentionally
42 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
f. Authorization to Enter into a Purchase and Sale Agreement with Roddy Owner, LLC for the Real Property Rights Associated with the 225-square foot Communication Site Leasehold Interest at 1 Tour Way, Antioch, and Transfer and Appropriate Funds for its Purchase: Deer Valley Regional Park (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize staff to enter into a Purchase and Sale Agreement (Agreement) with Roddy Owner, LLC (Seller) for Seller’s right, title and interest in and to the communication site lease and associated easement agreements for that certain real property comprised of approximately 225 square feet located at 1 Tour Way, Antioch, proximate to the Park District’s 1,885-acre former Roddy Ranch property.
REVENUE/COST
The subject real property rights may be purchased for $160,000 as negotiated between the parties. Funding for acquisition and related expenses is proposed to come from Measure WW acquisition funds for the Deer Valley allocation area. Any revenue earned from lease of the communication site (cell tower) will be posted as revenue to the Park District’s East Contra Costa County HCP Properties special fund (259-5161-119-3782) and used to fund maintenance of the surrounding property which is located within the East Contra Costa County Habitat Conservation Plan area. Operations staff will seek authorization for appropriation of these funds for expenditure at a later date. Proposed transfers and appropriations related to the Agreement are as follows:
SOURCE OF FUNDS: Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00) $175,090
USE OF FUNDS: Roddy Cell Easement/Deer Valley Regional Park Acquisition (CIP 248100) Purchase Price $160,000 Escrow Fees 960 Staff Time 5,000
43 Roddy Cell Easement/Deer Valley Safety and Security (CIP 248101) Security System 8,130 Signage 1,000 Total $175,090
BACKGROUND
By Resolution No. 2017-08-221, adopted August 8, 2017, the Board of Directors authorized staff to negotiate with Roddy Owner, LLC (Seller) for Seller’s right, title and interest in and to the communication site lease and associated easement agreements for that certain real property comprised of approximately 225 square feet located at 1 Tour Way, Antioch, the site of the former Roddy Ranch Golf Course. The original cell tower lease (Lease) was entered into between Jack Roddy as Lessor doing business as Merchant Land Fund I, and Pacific Bell Wireless, LLC (Pac Bell) as Lessee in August 2003, at which time Mr. Roddy held an interest in both the surrounding Roddy Ranch as well as the golf course. The Lease contains provisions that can only be met by the Lessor if Lessor owns property outside the golf course extending to Deer Valley Road (in other words, the surrounding Roddy Ranch now owned by the Park District). For example, per the Lease Pac Bell has the right with Lessor’s approval to place utilities on or across Lessor’s property extending from Deer Valley Road to the cell tower in order to service the cell tower site.
Subsequent to the Park District’s July 2014 purchase of the 1,885-acre Roddy Ranch, Seller in December 2014 purchased the cell tower site lease located on the golf course parcel from Mr. Roddy. The purchase price was $160,000 and included an easement agreement recorded in February 2015 granting Seller perpetual, permanent and exclusive access rights over the Park District’s deed-restricted Roddy Ranch property purchased with grant funding through the East Contra Costa County Habitat Conservancy. This easement, together with a December 2016 unrecorded but fully executed easement providing for even more expanded rights over Park District property, came to the District’s attention during its discussions with Mr. Roddy regarding the August 2016 golf course closure. The December 2016 easement granted Seller unrestricted rights to install, construct, maintain, operate, modify, repair and replace improvements and equipment on the 225-square foot cell tower site, as well as an access and utility easement over Tour Way, the private road owned by the Park District as part of its purchase of Roddy Ranch.
In order to clear title and remove legal infirmities now associated with the golf course and surrounding Roddy Ranch, as well as provide for parkland operating income, District staff recommend purchasing Seller’s right, title and interest in and to the cell tower site lease and associated easement agreements for $160,000. Approximately 16 years remains on the lease providing $15,600 in rent per year. Seller also reportedly has a $215,000 offer for the cell tower site easement. The rental income stream together with the reported third-party offer support the $160,000 purchase price. The lease income will be posted as revenue to the Park District’s East Contra Costa HCP Properties special fund for use towards management costs associated with the surrounding property as is standard for other revenue producing features purchased within the East Contra Costa County Habitat Conservancy Preserve area. As part of the Agreement, Seller will quitclaim the December 2014, February 2015 and December 2016 easements described herein. Also as part of the Agreement, the District agrees to reasonably
44 cooperate, at no expense to the District, with Seller’s efforts to treat the conveyance as a charitable donation to the extent its fair market value exceeds the $160,000 purchase price.
ALTERNATIVES
No alternatives are recommended. Staff recommends that the Board authorize staff to enter into the Purchase and Sale Agreement with Roddy Owner, LLC and purchase the real property rights described herein for $160,000, as well as to fund related acquisition expenses for escrow fees, staff time, and a security system addressing potential trespass onto the former golf course parcel upon which the cell tower site is located.
45 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH RODDY OWNER, LLC FOR THE REAL PROPERTY RIGHTS ASSOCIATED WITH THE 225-SQUARE FOOT COMMUNICATION SITE LEASEHOLD INTEREST AT 1 TOUR WAY, ANTIOCH, AND TRANSFER AND APPROPRIATE FUNDS FOR ITS PURCHASE: DEER VALLEY REGIONAL PARK
WHEREAS, by Resolution No. 2017-08-221, adopted August 8, 2017, the Board of Directors authorized the General Manager to negotiate with Roddy Owner, LLC (Seller) for Seller’s right, title and interest in and to the communication site lease and associated easement agreements for that certain real property comprised of approximately 225 square feet located at 1 Tour Way, Antioch; and
WHEREAS, the subject property rights may be purchased for $160,000 as negotiated between the parties and which staff has determined to be at or below fair market value; and
WHEREAS, purchase of the subject property rights will clear title and remove legal infirmities associated with the Roddy Ranch golf course and District’s surrounding Roddy Ranch property, while providing for District parkland operating income;
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to enter into the Purchase and Sale Agreement with Seller and to purchase the subject property rights for $160,000; and
BE IT FURTHER RESOLVED, that the Board hereby authorizes the transfer and appropriation of $175,090 from project account Designated Acquisitions – Measure WW Undesignated (CIP 229900WW00), utilizing funds for the Deer Valley allocation area, to capital acquisition project account Roddy Cell Easement/Deer Valley Regional Park Acquisition (CIP 248100) and project account Roddy Cell Easement/Deer Valley Safety & Security (248101) to fund expenses associated with the acquisition as shown on the attached Budget Change Form; and
BE IT FURTHER RESOLVED, that the Board hereby authorizes the acceptance of revenue associated with the communication site lease to the Park District’s ECCC HCP Properties special fund (259-5161-119-3782) for use towards management of the surrounding property. Any appropriation of said revenue will be by Board action at a later date; 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.
46 Moved by Director , and seconded by Director , and adopted this 5th day of September 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
47
Page Left Blank Intentionally
48 Deer Valley East Bay Roddy Ranch Golf Course ´ Regional Park District APN:057-060-017 Aerial View Acquisition, Stewardship & Development Feet July 19, 2017 0 500 1,000 1,500
Vicinity Map
Big Break
Black Deer Valley Diamond Mines
Mt. Diablo State Park Marsh Creek State Park EMPIRE MINE RD Vasco Hills CC Water
Roddy Ranch Golf Course APN:057-060-017 Area: 230 acres
WAY R U O
T
INSET 1 INSET 1
Cell Site C H A D B O U R N E R Deer D Valley
Contra Costa Water
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 Feet liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written 0 50 100 200 consent of EBRPD. O:\GIS\CMcKaskey\Projects_2017\ASD\Land\DE_RoddyGolf\DE_RoddyGolf_aerial.mxd Date: 7/19/2017 49 Page Left Blank Intentionally
50 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund Between Funds X From New Revenues X Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Project- Account Name: Expense: Capital-Land- Land Acquisition-District Wide-Land & Deer Valley- Roddy Cell Site Easement- Trails-Designated Acquisitions Land-Measure WW Bond Funds, Deer Valley Allocation Area-Purchase Price
Account: 333-7330-000-7010/ Account: 333-7330-119-7010 / 229900WW00-100 $ 160,090 2248100 WP19-101 $160,000 Account Name: Expense: Capital-Land- Deer Valley- Roddy Cell Site Easement- Land-Measure WW Bond Funds, Deer Valley Allocation Area-Admin Costs
Account: 333-7330-119-7010 / 2248100 WP19-100 ($9,040) Account Name: Expense: Capital-Land- Deer Valley- Roddy Cell Site Easement- Land-Measure WW Bond Funds, Deer Valley Allocation Area-Safety & Security
Account: 333-7330-119-7010 / 248101 WP19-500 $9,130 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on September 5, 2017, the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $160,090 Measure WW Bond funds from the Deer Valley Acquisition Allocation Area to augment and adjust the existing $15,000 budget to be used toward the purchase of the Roddy cell site lease title and interest as well as the permanent easement assosciated witht he site. The budget will cover acquisition, administrative and safety and security costs.
As approved at the Board of Directors Meeting on: Date: 9/5/2017
T:\BOARDCLK\BOARD MATERIAL\2017\14 - September 5, 2017\S DRIVE\C-1-f ASD 248100 248101 Roddy Cell Easement.xlsx 51 Page Left Blank Intentionally
52 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
g. Authorization to Amend and Extend the Agricultural Lease Agreement with RRS Farms, a California General Partnership: Delta Access Regional Recreation Area (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve Amendment No. 2 to the Agricultural Lease Agreement (Lease) with RRS Farms, a California general partnership (RRS Farms), at Delta Access Regional Recreation Area to extend the term of the Lease for an additional four years.
REVENUE/COST
The cost to enter into Amendment No. 2 includes a $5,688 broker’s commission to be paid to James Gwerder by February 1, 2018 for his work in negotiating the terms and conditions of this lease amendment and extension. Funding for this expense and District staff time is proposed to come from previously appropriated 2017 Land Acquisition general funds. There is no additional operational impact related to this amendment.
The leased property is a portion of the former Nunn property which was acquired by the Park District in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) in 2016. Rent payments will be accepted into the ECCC HCP Properties Fund (259-5171-141- 3791) to fund management of the former Nunn property under the standard funding agreement that was executed with the Conservancy at the time of the Nunn acquisition. The term of the Lease will be extended for an additional four years, from January 1, 2018 to December 31, 2021. Rent payments are to be made bi-annually on January 1st and June 1st of each crop year.
Revenue: Rent for the subject property will be paid as follows: $100 per acre for 289 acres (shown in gold on the attached map) $28,900 $200 per acre for 211 acres (shown in yellow on the attached map) $42,200 $0 per acre for 65.95 acres (maintenance only) $0 Total Annual Rental $71,100
BACKGROUND
As authorized by the Board of Directors by Resolution No. 2015-12-372, the Park District entered into a lease agreement with RRS Farms, a partnership comprised of Nunn family members, for their lease of the 645.95+-acre Nunn property, as a part of the Park District’s 53 acquisition of the subject property completed in January 2016. The term of the Lease was two years commencing January 1, 2016, and terminating December 31, 2017. Annual rent was set at $100,000 and accepted into the Park District’s ECCC HCP Properties Fund to fund management of the Nunn property. Thereafter, the Agreement was amended in February 2017, to exclude the northernmost 80-acre parcel from the lease; however, the rent remained unchanged. There have been no other amendments to the Lease over the past two years.
RRS Farms uses the property for irrigated row crop or alfalfa production. The Park District’s relationship with RRS Farms has provided for stewardship and maintenance of the site until restoration plans can be enacted for the site. During the original lease term, RRS Farms paid $200 per acre for the entire site resulting in an annual rent of $100,000. Currently, farm commodities are selling at much lower prices; therefore the current rent has been renegotiated to the amount of $71,100 per year. Through Amendment No. 2 to the Lease, the term will be extended for an additional four years, commencing on January 1, 2018 and terminating on December 31, 2021. The attached map shows the 500 acres to be farmed and the remaining 65.95+ acres that will be maintained by RRS Farms but not placed into agricultural production. Additionally, through the terms of Amendment No. 2, RRS Farms has agreed to:
1) Continue to honor the terms of the Memorandum of Understanding (MOU) with the Knightsen Town Community Services District regarding storm water flooding in the community and water runoff and pumping on the subject property. The MOU provides that RRS Farms will discharge water runoff into No Name Slough during implementation of Knightsen’s Community Emergency Contingency Flood Plan. RRS Farms will comply with these obligations during the lease term. The Park District is under no obligation to comply with the terms of the MOU;
2) Allow the Park District, or its assignee, to retain the ability to make modifications to the subject property that would not impact agricultural production, but would allow for tree planting in upland areas particularly near the home site, and development of improved routes for water to move on the subject property during flood events;
3) Maintain the current sub-lessee in the residence located on the subject property during the extended lease term, and, should the residence become unoccupied, allow the Park District to remodel, re-tenant or demolish the structure with sole discretion, provided that these activities do not interfere with the farming of the remainder of the site; and
4) Install a drip-irrigation system on the leased property and remove said irrigation upon the end of the lease term in 2021 at their own cost.
Operations staff have been informed of Amendment No. 2 and support the extension of the lease term. There are no other changes or operational impacts anticipated through this amendment.
ALTERNATIVES
No alternatives are recommended.
54 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO AMEND AND EXTEND THE AGRICULTURAL LEASE AGREEMENT WITH RRS FARMS, A CALIFORNIA GENERAL PARTNERSHIP: DELTA ACCESS REGIONAL RECREATION AREA
WHEREAS, by Resolution No. 2015-12-372, adopted December 15, 2015, the Park District entered into an Agricultural Lease Agreement (Lease) with RRS Farms, a California general partnership (RRS Farms) comprised of Nunn family members, for their lease of the 645.95 + acre former Nunn property, located on Byron Highway in Brentwood and acquired by the Park District in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) in 2016, for farming; and
WHEREAS, the term of the Lease was two years commencing January 1, 2016 and terminating December 31, 2017; and
WHEREAS, by Amendment No. 1, executed in February 2017, the Lease was amended to exclude the northernmost 80-acre parcel from the Lease; and
WHEREAS, both parties wish to execute Amendment No. 2 to the Lease to extend the term of the Lease for an additional four-year period from January 1, 2018 to December 31, 2021; and
WHEREAS, per the terms of Amendment No. 2, the lease area totals 565.95-acres, but only 500 acres will be in agricultural production while the remaining 65.95 ± acres will be maintained by RRS Farms but not put into agricultural production; and
WHEREAS, per the terms of Amendment No. 2, RRS Farms will pay the Park District bi- annually on January 1st and June 1st rent in equal installments of $35,550; and
WHEREAS, as detailed in Amendment No. 2, RRS Farms has agreed to: continue to honor the Memorandum of Understanding with the Knightsen Town Community Services District; allow the Park District, or its assignee, to make modifications to the subject property; maintain the current sub-lessee in the property’s residence and allow the Park District to have sole discretion over activities related to the residence should it become unoccupied; and install drip irrigation at its own cost and remove said irrigation upon termination of the lease; and
WHEREAS, costs associated with the Lease include a broker’s commission in the amount of $5,688 to be paid to James Gwerder by February 1, 2018; and
WHEREAS, all other terms and conditions of the Lease are mutually acceptable;
NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the General Manager to execute Amendment No. 2 to the Agricultural Lease Agreement with RRS Farms, a California general partnership, commencing January 1, 2018, and terminating December 31, 2021; and
55 BE IT FURTHER RESOLVED, that sufficient funds exist in the 2017 Land Acquisition general fund to pay for staff time and other costs associated with amendment of the Lease; and
BE IT FURTHER RESOLVED, that rent payments associated with the Lease will be accepted as revenue into the Park District’s ECCC HCP Properties Fund for use towards management of the former Nunn property and will be appropriated for expenditure at a later date; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , and seconded by Director , and adopted this 5th day of September, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
56 Delta Access Regional Recreation Area
Lease Modification and ExtensionS a n d
m
Ronald Nunn Family Ltd Partnershipo Property
u
nd
B
l v
d Marsh Creek TrailOakley to Rock Slough
Holland Tract Rd
Fire Pl Tule Ln Knightsen District Delta Rd 65.95 acres Maintained Rent Free with Weed Abatement
Pastor Pastor Ln
Lease Trail lta Lease $100 per acre e D Sunset Rd $200 per acre 289 acres 211 acres
Ma rsh Cr eek Tra Byron Hwy
il Extension Trail Delta to D elta Orwood Rd
EBMUD Delta Chestnut St Access Landbank Legend
Balfour Rd BixlerRd BrentwoodProposed Trail Schematic Trail Lease $100/acre Marsh Creek Trail to Discovery Bay Lease $200/acre Parkland/Landbank HighwayWatershed 4 Land Southern Pacific Railroad Proposed Regional Trail Discovery Bay
1:60,000 SmithLn 1 in = 5,000 ft
r
D
s
l
l Jul 2017 GIS Services KB DA_Nunn.mxd i Marsh Creek Rd H 57Sources: Esri, USGS, NGA, NASA, CGIAR, N Robinson,y NCEAS, NLS, OS, rr e
Fertado Ln
NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland,h FEMA, Intermap and
the GIS user community C
Hoffman Ln CCWD Kellogg Creek Line Page Left Blank Intentionally
58 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
h. Authorization to Execute a Five-Year Grazing License with Batteate, Devane, and Shumate: Lake Chabot Regional Park (Graul/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize a five (5) year grazing license with one five-year extension option, with joint licensees, Nick Batteate, Tim Devane, and Micah Shumate, for use of the 376-acre portion of Lake Chabot Regional Park. The license would allow an annual average stocking level of 345 animal unit months (AUM’s) for this grazing unit.
REVENUE/COST
Annual revenue from this license agreement is estimated to be $7,124, with associated costs to the District for standard grazing infrastructure improvements to be funded from Wildland Vegetation Management Unit’s operating budget.
The revenue from grazing rent is based on the 2017 adjusted rate of $20.65/AUM, and is dependent on weather, rainfall and forage conditions. This rate is derived from a formula using the June 2016 Cattle Marketing Information Service’s Cattle Fax Report, the industry standard for the average feeder cattle prices for California and the District’s Rent Adjustment Table. Associated costs would include the administration of the grazing unit, as well as the expense of maintaining, replacing, or installing new resource infrastructure if necessary, over the term of the license. However, as part of the obligations under the license agreement, the grazer will undertake and be responsible for standard grazing infrastructure improvements without the need for additional bidding. Such projects would be done under the supervision of the District’s Wildland Vegetation Program Manager, in consultation with the Assistant General Manager of the Acquisition, Stewardship, and Development Division.
BACKGROUND
Lake Chabot is comprised of two grazing units and has been continuously managed with grazing since 1994. The most recent grazing lease was terminated due to the death of the leaseholder in 2016. The Wildland Vegetation Program Manager solicited requests for proposals (RFP) from new potential grazing managers to submit grazing scenarios for the management of both units
59 based on a seasonal grazing plan with yearlings or first-year heifers. The basic grazing plan elements were presented in the RFP as a guideline for the proposals. Of the nine (9) grazing managers interested in providing proposals, three proposals were submitted and all applicants were invited for an interview. Batteate, Devane, and Shumate submitted a joint proposal and were selected by the interview panel, which consisted of four (4) District staff, as the recipient of a five-year grazing license with one five-year extension option, to be presented to the Board for approval.
The grazing license will be issued following the policy of the District’s Master Plan and the adopted Wildland Management Policies and Guidelines, as amended in 2001. The grazing license is granted under California Environmental Quality Act (CEQA) Guideline § 15301, which exempts from CEQA review the operation, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities, involving no expansion of existing use; and § 15304, exempting minor alterations to the condition of the land, water, or vegetation. As described above, the license here will not expand livestock grazing use of the area. Livestock grazing is used by the District to manage hazardous fuel loads and maintain plant species diversity and wildlife habitat.
ALTERNATIVES
Livestock grazing could be abandoned at Lake Chabot Regional Park, however, this would result in the potential for an increase in fire hazard in future years, and the deterioration of the vegetation and habitat diversity.
60 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 –
September 5, 2017
AUTHORIZATION TO EXECUTE A FIVE-YEAR GRAZING LICENSE WITH BATTEATE, DEVANE, AND SHUMATE: LAKE CHABOT REGIONAL PARK
WHEREAS, East Bay Regional Park District (District) vegetation management policies are described in the District’s Master Plan and Wildland Management Policies and Guidelines, which include livestock grazing as a resource management tool; and
WHEREAS, the grazing practices allowed under the proposed grazing license are categorically exempt under Sections 15301 and 15304 of California Environmental Quality Act, and have been determined not to have a significant environmental effect; and
WHEREAS, a Request for Proposals (RFP) was solicited and staff received and evaluated written proposals from three grazing managers, interviewed all, and selected joint licensees Nick Batteate, Tim Devane, and Micah Shumate of Oakland and San Ramon, California, based upon their grazing plan and demonstrated experience and ability to complete the scope of services outlined in the RFP;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a grazing license for Batteate, Devane, and Shumate, of Oakland and San Ramon, California, for a five (5) year term, plus one five-year extension option, as approved by the General Manager; 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 5th day of September, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
61 Page Left Blank Intentionally
62 Exhibit A: Grazing License Map Grazing Units 1 and 2 Acquisition, Stewardship and Lake Chabot Regional Park Development Division Alameda County, CA August 10, 2017
Grazing Units 15' Contours EBRPD Land
Feet [ 0 1,000
ANTHONY CHABOT REGIONAL PARK
LAKE CHABOT REGIONAL PARK
Grazing Unit 1 (311 acres) Fa irm o n t D r
L a Grazing Unit 2 ke C ha (65 acres) b ot R d
¨¦§580 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. O:\GIS\CMcKaskey\Projects_2017\ASD\Stewardship\LC_Grazing\LC_Grazing.mxd 8/10/2017 63 Page Left Blank Intentionally
64 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
i. Authorization to Enter an Agreement with K. Shawn Smallwood for a Wind Turbine Bat Fatality Study: Altamont Pass Wind Resource Area (Graul/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors enter into an agreement with K. Shawn Smallwood, for a fee of $110,000, to conduct a wind turbine bat fatality study in the Altamont Pass Wind Resource Area (APWRA).
REVENUE/COST
The source and use of funds for this action are given below.
SOURCE OF FUNDS Study Bat Fatality Project (#516000) $ 110,000
USE OF FUNDS Agreement with K. Shawn Smallwood $ 110,000 REMAINING BALANCE $ 0
BACKGROUND
The District has acquired lands within the APWRA which have existing wind farm leases and infrastructure. Because a primary mission of the District is to preserve and protect natural resources and wildlife for future generations, the Board of Directors approved the acceptance of $110,000 in grant funds from the East Contra Costa County Habitat Conservancy (ECCCHC) on September 1, 2015, for a wind turbine bat fatality study. The goals of this study are to improve understanding of collision mechanisms, factors leading to bat fatalities, and to improve the accuracy of bat fatality estimates
A Request for Proposals was not issued by the District for this work, as funding was granted specifically in response to a study proposal submitted to the ECCCHC jointly by K. Shawn
65 Smallwood and District staff. Staff chose to work solely with the consultant due to his extensive expertise in the field.
ALTERNATIVES
No alternatives are recommended.
66 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO ENTER AN AGREEMENT WITH K. SHAWN SMALLWOOD FOR A WIND TURBINE BAT FATALITY STUDY: ALTAMONT PASS WIND RESOURCE AREA
WHEREAS, the East Bay Regional Park District (District) has acquired lands within the Altamont Pass Wind Resource Area (APWRA) which have existing wind farm leases and infrastructure; and
WHEREAS, a primary mission of the District is to preserve and protect natural resources and wildlife for future generations; and
WHEREAS, the District jointly applied for grant funding to complete a wind turbine bat fatality study from the East Contra Costa County Habitat Conservancy (ECCCHC) with consultant K. Shawn Smallwood based upon his extensive expertise in the field, and thus did not issue a Request for Proposals; and
WHEREAS, the goals of this study are to improve understanding of collision mechanisms, factors leading to bat fatalities, and to improve the accuracy of bat fatality estimates; and
WHEREAS, $110,000 in grant funds from the ECCCHC was approved for acceptance by the District’s Board of Directors on September 1, 2015, via Resolution No.: 2015-09-249, and is available for use in the Study Bat Fatality Project (#516000);
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a $110,000 contract with K. Shawn Smallwood to conduct a wind turbine bat fatality study within the APWRA; 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.
Moved by Director , seconded by Director , and approved this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
67 Page Left Blank Intentionally
68 East Bay Regional Park District Altamont Pass Wind Resource Area
Byron Vernal Vasco Pools Hills CCWD Vasco Los Vaqueros Caves Reservoir Buena Vista Windfarm ty Coun osta ra C ty Cont Coun eda Altamont Pass Alam Brushy Wind Resource Area Peak
CCWD Altamont
Legend Altamont Pass Livermore Wind Resource Area County Boundary USA EBRPD Land LLL
Other Open Space
1:150,000 CA 1 in = 12,500 ft Carnegie State Del Vehicular Rec Aug 2017 GIS Services KB Altamont.mxdValle 69Sources: Esri, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Page Left Blank Intentionally
70 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
j. Authorization to Transfer and Appropriate Funds and Award a Contract to Ferma Corporation for the Demolition at 1251 McKay Avenue: Robert W. Crown Memorial State Beach (Bates/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize the transfer and appropriation of $132,200 of Measure WW Development Funds – Crown Beach Allocation Area into the Assess and Demolish McKay Buildings Project (#154200); and
2. Authorize the award of a contract in the amount of $434,700 to Ferma Corporation of Mountain View, California, the lowest responsive responsible bidder, for the 1251 McKay Avenue demolition adjacent to Robert W. Crown Memorial State Beach, and authorize the General Manager, or designee, to execute the contract.
REVENUE/COST
SOURCE OF FUNDS Assess and Demolish McKay Buildings (Project #154200) $ 575,768 Encumbrances and Expenditures to Date (107,182) Transfer and Appropriation of Measure WW Development Funds – Crown Beach Allocation Area 132,200 TOTAL AVAILABLE BALANCE $ 600,786
USE OF FUNDS Construction Contract $ 434,700 Other Project Costs (staff, consultants, permits, and contingencies) 166,086 REMAINING BALANCE $ 0
BACKGROUND
In November 2015, the District fulfilled its long-held goal of acquiring 3.89 acres of the surplus
71 federal property on McKay Avenue in the City of Alameda, adjacent to the Robert W. Memorial State Beach. The 1251 MacKay Avenue property includes existing buildings, #3A, #3B, and #7. Based upon prior assessment, the District will remove buildings #3A and #3B, and repurpose building #7.
A formal Notice to Bidders for this project was published on Monday, July 10, 2017, in the newspaper the District uses for this purpose. The project was also posted on the District’s online planroom and at twelve different builders’ exchanges. Four firms submitted bids by the bid due date of August 7, 2017, and the bid results are summarized in the table below.
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 $ 434,700 Ferma Corporation, Mountain View, CA $ 495,000 Resource Environmental, Inc., Long Beach, CA $ 516,445 Demolition Services and Grading, Inc., Manteca, CA $ 684,000 Bay Construction Company, Oakland, CA
ENGINEER’S ESTIMATE: $320,000
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City of Alameda has determined that the project is Categorically Exempt pursuant to Section 15332 of the California Environmental Quality Act Guidelines, In-Fill Development Projects. Accordingly, no further environmental review is required.
ALTERNATIVES
No alternatives are recommended.
72 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS AND AWARD A CONTRACT TO FERMA CORPORATION FOR THE DEMOLITION AT 1251 MCKAY AVENUE: ROBERT W. CROWN MEMORIAL STATE BEACH
WHEREAS, the East Bay Regional Park District (District) has acquired 3.89 acres of the surplus federal property on McKay Avenue in the city of Alameda, adjacent to the Robert W. Memorial State Beach; and
WHEREAS, based upon prior assessment, the District is eliminating two existing buildings (#3A and #3B) located onsite at 1251 McKay Avenue in Alameda, California; and
WHEREAS, the demolition of #3A and #3B will eliminate severely damaged buildings and potential public hazards; and
WHEREAS, funds have been appropriated into the Assess and Demolish McKay Avenue Buildings Project (#154200) for this purpose, and Measure WW Development Funds are available for transfer and appropriate from the Crown Beach Allocation Area; and
WHEREAS, on July 10, 2017, the District advertised for bids for the demolition project at 1251 McKay Avenue and received four (4) bids by the August 7, 2017, due date; and
WHEREAS, Ferma Corporation of Mountain View, 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 authorizes the award of a contract to Ferma Corporation, in the amount $434,700; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of $132,200 from Measure WW Development Funds – Crown Beach Allocation Area to the Assess and Demolish McKay Buildings Project (#154200), as shown on the Budget Change form attached hereto; 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.
73 Moved by Director , seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
74 Assess and Demolish Buildings, McKay Ave.
Printed: February 25, 2016 1:1,583
0 0.0125 0.025 0.05 mi
0 65 130 260 Feet
East Bay Regional Park District. Site managed by GIS Services. [ 75
Page Left Blank Intentionally
76 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS X From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Design and Construction-Demolish Buildings-Crown Beach-Measure WW Crown Beach Development Allocation Area - Contracted Services
Account: 333-7110-409-7020 / 154200 WP18-009 $ 132,200 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on September 5, 2017 the General Manager recommends that the Board of Directors authorize the transfer of $132,200 of MeasureWW Crown Beach Development allocation area funds to augment the existing $575,768 project budget to demolishing buildings on the GSA property, recently acquired by the District.
As approved at the Board of Directors Meeting on date: 9/5/2017 Board of Directors Resolution Number: 2017-09- Posted By: Posted date: Signature:
T:\BOARDCLK\BOARD MATERIAL\2017\14 - September 5, 2017\S DRIVE\C-1-j ASD 142600 GSA building demolition Meas WW Approp.xlsx
77 Page Left Blank Intentionally
78 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
k. Acceptance of Second Quarter 2017 General Fund and Other Governmental Funds Financial Report (Strawson O’Hara/Auker)
RECOMMENDATION
The General Manager and the Board Finance Committee (by unanimous vote) recommend that the Board of Directors accept the Second Quarter 2017 General Fund and Other Governmental Funds Financial Report.
REVENUE/COST
There is no revenue/cost impact associated with the acceptance of the report.
BACKGROUND
As of June 30, 2017, the Park District’s expenditures are projected to end the year at or below budget. Revenues are on track to meet budget expectations.
At the end of the second quarter, the Park District’s General Fund revenues were $65.9 million, which is 48.2% of total revenue budgeted for the year. This amount is $4.9 million higher than the revenue received during the same six-month period last year, primarily due to an increase in property tax revenues.
General Fund expenditures as of June 30th, totaled $65.6 million, or approximately 46.8% of the total budget for the year. Total spending was $9.5 million higher than at the same time last year; primarily due to an increase in Transfers Out for one-time projects, and due to increases in Salaries and Benefits. Expenditures are currently on track to end the year well within the approved budgeted amount.
DESCRIPTION
The report and attachments summarize 2017 revenues and expenditures for the entire Park District through June 30, 2017. This information is provided to the Board as required by the Board Operating Guidelines.
79
The charts in Attachment A provide an overview of the past five years of revenues and expenditures.
The table at the bottom of Attachment A provides a preliminary projection of unassigned fund balance in the General Fund.
Attachment B provides additional detailed information on the General Fund. Areas in which revenues or expenditures were 10 percent higher or lower than expected are explained in footnotes.
Attachment C provides summarized financial information for all other governmental funds.
ALTERNATIVES
No alternatives are recommended.
80 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
ACCEPTANCE OF SECOND QUARTER 2017 GENERAL FUND AND OTHER GOVERNMENTAL FUNDS FINANCIAL REPORT
WHEREAS, the Finance Department prepares Quarterly Financial Reports and presents the results to the Board Finance Committee; and
WHEREAS, the Quarterly Financial Reports help inform the Board of Directors, public, and District management of the financial position of the District; and
WHEREAS, on August 23, 2017, the Board Finance Committee reviewed the Quarterly General Fund and Other Governmental Funds Financial Report for the period ending June 30, 2017, and unanimously recommended its favorable consideration by the Board of Directors;
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts the General Fund and Other Governmental Funds Financial Report for the quarter ending June 30, 2017.
Moved by Director , seconded by Director and approved on this 5th day of September 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
81 Page Left Blank Intentionally
82 Attachment A East Bay Regional Park District GENERAL FUND QUARTERLY FINANCIAL REPORT For the Period Ending June 30, 2017 General Fund Revenues $150
$140 total revenues $130
$120
(in millions) property taxes $110
$100
$90
$80 2013 2014 2015 2016 2017 Projection General Fund Expenditures $150
$140
$130 total expenditures $120
$110
$100 in millions) ( $90
$80 salaries & benefits $70
$60 2013 2014 2015 2016 2017 Budget
Budgetary General Fund Unassigned Fund Balance Beginning Unassigned Fund Balance as of 1/1/17 $ 57,903,333 2017 Projected Revenue 136,623,118 2017 Budgeted Expenditures (139,954,162) 2017 AFSCME MOU Cola (2,500,000) S 2017 Mid-year Budget Adjmts (4,752,000) Estimated Ending Fund Balance as of 12/31/17 $ 47,320,288
Reserve Target per Policy * $ 43,719,398 (32% of annual revenue) Estimated Excess (deficit) over 32% Reserve $ 3,600,891
* The Fund Balance Reserve Policy states that 32% of annual revenue is the minimum reserve to be maintained by the District to provide emergency funding in the event of a disaster, temporary revenue shortfall, or other qualified circumstance. Use of the funds requires Board of Director approval.
83 Attachment B East Bay Regional Park District GENERAL FUND QUARTERLY FINANCIAL REPORT For the Period Ending June 30, 2017
Amended Budget Current YTD^ Actual vs. % of Budget Prior YTD^ % Budget 2017 Actuals 2017 Budget Complete Actual 2016 6/30/2016 REVENUE Property Taxes 123,400,000 58,789,814 64,610,186 47.6% 53,909,142 47.0% Charges for Services 9,575,150 4,363,001 5,212,149 45.6% 5,015,035 53.9% Property Usage 1,619,700 1,312,385 307,315 81.0% 1,432,393 73.3% 1 Investment Earnings and Other 1,803,950 1,161,859 642,091 64.4% 939,841 59.4% 2 Transfers In 224,318 224,318 0 100.0% 98,000 100.0% 3 Total Revenue and Transfers In 136,623,118 65,851,377 70,771,741 48.2% 61,394,410 48.1%
EXPENDITURES Salary & Benefits 90,126,880 39,970,146 50,156,734 44.3% 36,004,450 40.9% Supplies 9,760,133 2,997,435 6,762,698 30.7% 3,151,876 34.9% 4 Services 18,630,938 5,682,819 12,948,119 30.5% 5,649,930 33.2% 5 Capital Outlay 2,068,806 790,358 1,278,448 38.2% 265,273 22.1% 6 Other Expense 232,000 207,138 24,863 89.3% 205,763 88.7% 7 Interfund Charges 6,458,480 3,229,240 3,229,240 50.0% 3,180,355 50.0% Transfers Out 12,676,925 12,676,925 0 100.0% 7,586,113 100.0% 8 Total Expenditures and Transfers Out 139,954,162 65,554,061 74,400,101 46.8% 56,043,760 43.3% NET REVENUE OVER / (UNDER) (3,331,045) 297,316 $ (3,628,361) $ 5,350,650
Amended Budget Current YTD^ Budget % of Budget Prior YTD^ % Budget 2017 Actuals 2017 Variance Complete Actual 2016 6/30/2016 EXPENDITURES BY DIVISION Board of Directors 559,351 159,219 400,132 28.5% 133,804 35.5% 9 General Manager 3,234,102 1,112,325 2,121,777 34.4% 934,933 34.3% 10 Clerk of the Board 282,610 142,513 140,097 50.4% 138,509 46.2% Human Resources 2,895,912 1,105,403 1,790,508 38.2% 1,041,575 39.7% 11 Total Executive & Legislative 6,971,975 2,519,461 4,452,514 36.1% 2,248,821 42.5%
Legal Division 2,579,000 952,897 1,626,102 36.9% 688,225 30.5% 12 Finance and Management Services 9,334,218 4,108,155 5,226,063 44.0% 3,588,691 40.0% Public Affairs 5,151,244 2,084,669 3,066,575 40.5% 1,845,638 38.7% Total District-Wide Support 17,064,462 7,145,722 9,918,740 41.9% 6,122,555 38.5%
Operations Admin & Business Services 5,925,357 2,863,549 3,061,808 48.3% 2,699,706 44.8% Park Operations 32,368,448 14,325,538 18,042,910 44.3% 13,441,686 41.7% Interpretive and Recreation Services 10,399,129 4,351,395 6,047,734 41.8% 3,917,838 39.0% Maintenance and Skilled Trades 15,366,275 6,235,359 9,130,916 40.6% 5,859,635 39.0% Total Operations 64,059,209 27,775,841 36,283,368 43.4% 25,918,866 40.9%
Administration, Design & Construction 1,290,580 591,215 699,365 45.8% 542,203 43.1% Planning & Land Acquisition 3,985,220 1,665,446 2,319,774 41.8% 1,498,360 38.7% Stewardship Department 4,803,873 1,699,580 3,104,293 35.4% 1,564,244 36.3% 13 Total Acquisition, Stewardship & Development 10,079,673 3,956,240 6,123,433 39.2% 3,604,807 38.2%
Public Safety Administration 8,443,419 3,310,571 5,132,848 39.2% 3,209,456 44.2% 14 Police Department 14,633,484 5,733,284 8,900,200 39.2% 5,245,883 37.4% 15 Fire Department 6,025,016 2,436,017 3,588,999 40.4% 2,107,259 37.0% Total Public Safety 29,101,919 11,479,872 17,622,047 39.4% 10,562,597 39.2% Transfers Out 12,676,925 12,676,925 - 100.0% 7,586,113 100.0% 16 Total Expenditures and Transfers Out 139,954,162 65,554,061 $ 74,400,101 46.8% $ 56,043,760 43.3% ^ Current Year to Date (YTD) Actuals excluding Encumbrances.
Notes: The percent of year completed equals 50% at June 30. Variances over or under 10% were reviewed and are explained below. Prior year data is presented for comparison purposes.
1. The majority of this variance is related to grazing revenues, which are anticipated to exceed budget in 2017. 2. Investment earnings and other revenues are above budget due to an increase in interest income. 3. Transfers in are recorded immediately after budget adoption. 4. Supply expenses appear low, but when accounting for current encumbrances, they are on target for the 2nd Quarter. 5. Services are reflected at 30.5% of budget, but when factoring in the current encumbrances this line item is at 51.9% of budget 6. Capital equipment purchases tend to transact later in the year; bidding, ordering and delivery of items can take several months. 7. Annual $200,000 payment to Livermore Area Recreation & Park District was completed in March 2017. 8. Transfers out are completed as soon as the budget is approved by the Board. 9. Board expenditures are low in supplies & services primarily because contingency funds have not yet been allocated. 10. General Manager's expenditures are low primarily because contingency funds are not yet allocated. 11. Human Resource's Salary & Benefit expenses are low due to vacant staff positions. 12. Legal Division expenditures are low in the area of services, but are expected to increase in the second half of the year. 13. Stewardship's expenditures are low in services but when accounting for encumbrances they are on target for the 2nd Quarter. 14. Public Safety Admin is low in Salaries & Benefits due to staff vacancies. Services are also under budget, but when encumbrances are included, expenses are on target. 15. Police Department has 60.5% of their Salary & Benefits budget remaining due to vacant positions. 16. Transfers out are recorded immediately after budget adoption.
84 Attachment C East Bay Regional Park District OTHER GOVERNMENTAL FUNDS QUARTERLY FINANCIAL REPORT For the Period Ending June 30, 2017
Special Revenue Funds Amended Budget Current YTD^ Budget % of Budget Prior YTD^ % Budget 2017 Actuals 2017 Variance Complete Actual 2016 at 6/30/16
Total Revenues* 22,987,200 10,188,407 12,798,793 44.3% 7,423,282 28.2% Total Expenditures** 23,141,427 11,503,970 11,637,458 49.7% 8,336,441 33.7%
Special Revenue funds include Measure CC, LLD funds, Zones of Benefit, and Measure WW Local Grants. Revenues and expenses are as expected for this mid-point of the year.
Project Funds Amended Budget Current YTD^ Actual vs. % of Budget Prior YTD^ % Budget 2017 Actuals 2017 Budget Complete Actual 2016 at 6/30/16
Total Revenues* 40,050,834 31,053,089 8,997,745 77.5% 26,066,190 98.7% Total Expenditures** 83,795,972 21,094,255 62,701,717 25.2% 15,783,990 24.5%
Project Funds are used primarily for land acquisition and construction. Revenues are reflected at 77.5% of budget due to approval of the 2017 budget appropriations and related transfers-in which are recorded upon approval. Project fund expenditures for the 2nd quarter include payments to restore the Dotson (Breuner) Marsh, complete the solar project at Shadow Cliffs and for the SF Bay Trail.
Debt Service Funds Amended Budget Current YTD^ Actual vs. % of Budget Prior YTD^ % Budget 2017 Actuals 2017 Budget Complete Actual 2016 at 6/30/16
Total Revenues* 14,991,880 8,875,617 6,116,263 59.2% 15,330,931 69.2% Total Expenditures** 14,984,880 3,347,191 11,637,689 22.3% 3,757,816 11.6%
Debt Service revenues and expenditures are related to scheduled debt service payments for Measure AA and WW.
Internal Service Funds Amended Budget Current YTD^ Actual vs. % of Budget Prior YTD^ % Budget 2017 Actuals 2017 Budget Complete Actual 2016 at 6/30/16
Total Revenues* 19,843,499 12,674,397 7,169,102 63.9% 7,212,465 54.3% Total Expenditures** 19,927,886 8,022,013 11,905,873 40.3% 5,310,264 36.0%
Internal Service funds pay for services that are allocated District-wide, including costs of General Liability, Major Infrastructure, Equipment and Employee Benefits.
Notes: ^ Current Year to Date (YTD) Actuals do not include Encumbrances (known obligations/contracts through June 30). * including transfers in ** including transfers out
The percent of year completed equals 50% at June 30. Prior year data is presented for comparison purposes.
85 Page Left Blank Intentionally
86 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
L. Authorization to Transfer Funds and Award a Contract to Paving Construction Services, Inc. for Asphalt Maintenance: District-wide (Lebow/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the transfer of funds and the award a construction contract to Paving Construction Services, Inc. of Alviso, California for asphalt maintenance at Quarry Lakes Regional Recreation Area, Briones-to-Mt. Diablo Regional Trail, Contra Costa Canal Trail, and Iron Horse Regional Trail.
REVENUE/COST
Transfer $48,859 in funds for pavement repair to District-wide Pave Roads and Trails (520700) and award a $435,225 construction contact plus 20% contingency to Paving Construction Services, Inc. of Alviso, California.
SOURCE OF FUNDS Iron Horse Trail, Rehab Rudgear to Marsh (521900) $500,000 Encumbrances and Expenditures to Date $0 Balance $500,000
District Wide, Pave Roads and Trails (520700) $7,188,273 Encumbrances and Expenditures to Date (6,185,827) Balance $1,002,446 Transfer from: Anthony Chabot, Seal Stripe Road (153100) $30,000 District Wide, Two County Trail Paving (505900) $18,859 Revised Balance (520700) $1,051,305
USE OF FUNDS Paving Construction Services, Inc. Base Bid Price (521900) $202,685 Paving Construction Services, Inc. Base Bid Price (520700) $232,540 Contract Contingency 20% (520700) $87,045 TOTAL ENCUMBRANCE $522,270
87 BACKGROUND
The Board of Directors and District staff are committed to preserving and maintaining the Park District’s existing infrastructure. An important component of this infrastructure is the Park District’s network of paved roads, trails, and parking lots. This project will be applying slurry seal to segments of Briones-to-Mt. Diablo Regional Trail, Contra Costa Canal Trail, Iron Horse Regional Trail, and Quarry Lakes Regional Recreation Area. A double seal coat will be applied to the parking lots and pathways at Quarry Lakes Regional Recreation Area. The average PCI of this project’s asphalt (a total of 10 sections) is 70.5. The average PCI will increase to 100 after the project is completed. This project is included in the on-going District-wide Pavement Maintenance and Preservation Program (PMPP).
The Notice to Bidders was published on July 19, 2017. The project was posted on the Park District’s online planroom and at thirteen different builder’s exchanges the Park District uses for this purpose. Six firms purchased Bid Documents and five firms submitted bids on August 2, 2017 as follows:
PLANHOLDER BASE BID TOTAL Paving Construction Services, Inc. $435,225.00 VSS International, Inc. $474,584.63 Graham Contractors, Inc. $548,826.00 American Asphalt Repair & Resurfacing $744,584.63 Co., Inc. Telfer Pavement Technologies, LLC $772,856.25
The bid submitted by Paving Construction Services, Inc. of Alviso, California met the specifications and conditions for the project; therefore, Paving Construction Services, Inc. is the lowest responsible bidder.
ALTERNATIVES
None are recommended.
88 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO TRANSFER FUNDS AND AWARD A CONTRACT TO PAVING CONSTRUCTION SERVICES, INC. FOR ASPHALT MAINTENANCE: DISTRICT-WIDE
WHEREAS, the District has included funding in its 2017 Budget for the purpose of managing, maintaining, and preserving the District’s pavement infrastructure; and
WHEREAS, Quarry Lakes Regional Recreation Area, Briones-to-Mt. Diablo Regional Trail, Contra Costa Canal Trail, and Iron Horse Regional Trail asphalt maintenance are included in the ongoing District-wide Pavement Maintenance and Preservation Program (PMPP); and
WHEREAS, requests for bids for the District-wide asphalt maintenance project were solicited and received: and five firms submitted qualified bids of which, Paving Construction Services, Inc. was the lowest responsible bidder;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer of $30,000 from Anthony Chabot, Seal Stripe Road (153100) and $18,859 from District-wide, Two County Trail Paving (505900) to District- wide, Pave Roads and Trails (520700) per the Budget Change Form attached hereto; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract to Paving Construction Services, Inc. of Alviso, California for a grand total not to exceed $435,225 as follows: $202,685 Iron Horse Trail, Rehab Rudgear to Marsh (521900) and $232,540 plus a 20% contract contingency of $87,045 for a total of $319,585 from District-wide, Pave Roads and Trails (520700); 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 5th day of September, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
89 Page Left Blank Intentionally
90 EAST BAY REGIONAL PARK DISTRICT PROJECT EXPENDITURE PLAN (Blue Form) Project # (If assigned) : 520700 Project Name Enter title as it appears in One Solution Board Reso. No: 2017-9- Enter the project description/scope below for new project or enter the reason for the budget change for the existing project: the transfer of $30,000 from Anthony Chabot, Seal Stripe Road (153100) and $18,859 from District Wide, Two County Trail Paving (505900) to District Wide, Describe what will be done, where it will be Pave Roads and Trails (520700). done, when it will be done, and by whom it will be done. Will there be funding shortfalls? Be as descriptive as you can. If this is a change in the existing budget describe the reason for change.
What is the funding status of this project? Project is fully funded Is this a new project requiring a number? No Use the drop down arrows to choose the appropriate data Does this project require future operating obligations? No Category Ward Project Fund ADA Is this a project budget revision? Yes If so, enter total current budget $ 7,188,272.58 Should this project be Date form submitted to finance 8/7/2017 See drop down list See drop down list See drop down list tracked for expenditures Who should Finance contact regarding the form Eric Holmes related to ADA? Responsible Dept / Project Coordinator/Department code Project Type Activity Location Metro See drop down list See drop down list See drop down list See drop down list See drop down list
Priority Use of Funding Source Code → Funding Source No.1 Funding Source No.2 Funding Source No.3 Funding Source No.4 ADJUSTED BUDGET Funding Source Code → MIRR - Maj.Infra.Renov. DS10 - GF-Undesignated See drop down list See drop down list Project Budget Task Group → 300-Development 300-Development See drop down list See drop down list 7,237,131.66 Expenditure Group Description JL Task Group ↓ Enter the amounts below next to the appropriate task group Total by Task Group Acquisition 100 - - - - -
91 Land Purchase Price 101 - - - - - Environmental 001 - - - - - Site Assessment/Base Map Prep 002 - - - - - Design/Project Administration 003 - - - - - Design/Project Management 004 - - - - - Consultant(s) 005 - - - - - Outside Charges 006 - - - - - Related Onsite Contract 007 - - - - - Construction Contract Admin 008 - - - - - Construction Contract 009 30,000.00 18,859.08 - - 48,859.08 Land Acquisition Safety & Security See drop down list - - - - - Land Acquisition Safety & Security See drop down list - - - - - Land Acquisition Safety & Security See drop down list - - - - - Totals by Funding Source within Task Groups 30,000.00 18,859.08 - - 48,859.08
2017 2018 2019 2020 2021 Enter planned expenditures for the next 5 years 0.00 0.00 0.00 0.00 0.00 ITEMS BELOW ARE FOR FINANCE USE ONLY Define Project Name (GLUPKP-mask for new projects) Date Form Received: Define Project Name (GLUPKY) Posted by: Project Management (PAUPPR) Posted Date: Set up JL Budget (GLBUBAUB) Set up GL Budget (GLBUBAUB) Update Fund AA (Access Program) JE to move actual revenue (GLJEUB)
T:\BOARDCLK\BOARD MATERIAL\2017\14 - September 5, 2017\FOR PRINTING\C-1-L FIN - Blue Form, Paving 520700.xlsx Revised 7/5/17 Page Left Blank Intentionally
92 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation X Between Funds From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Account Name: Expense: OTA Fund- Maintenance Admin. Dept-Anthony Maintenance Admin. Dept-District Wide- Chabot-Work in Progress-Seal and Strip Services-District Wide Pave Roads and Road Project-Major Infrastructure Trails-Major Infrastructure Renovation Renovation and Replacement funds- and Replacement funds-Contracts Contracts
Account: 333-5940-175-7020/ 153100 Account: 336-5940-000-6191/ 520700 MIRR-372 $ 30,000 MIRR-372 $ 30,000 Account Name: Expense: OTA Fund- Account Name: Expense: OTA Fund- Maintenance Admin. Dept-District Wide- Maintenance Admin. Dept-District Wide- Services-Two-County Trail Paving-Major Services-District Wide Pave Roads and Infrastructure Renovation and Trails-Major Infrastructure Renovation Replacement funds-Contracts and Replacement funds-Contracts
Account: 336-5940-000-6191/ 505900 Account: 336-5940-000-6191/ 520700 MIRR-372 $ 18,859.08 MIRR-372 $ 18,859.08 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER IN: Capital Account Name: TRANSFER OUT: Fund-Non Departmental-District Wide- Other than Asset Fund-Non Transfer In Departmental-District Wide-Transfer Out
333-9110-000-3980 $ 30,000 Account: 336-9110-000-9980 $ 30,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on September 5, 2017 the General Manager recommends that the Board of Directors approve the above transfer of $30,000 MIRR funding from Capital Fund Project 153100 and transfer residual General Fund monies from the OTA project 505900 for Two County Trail Paving all to OTA Fund project 520700 for District Wide Paving.
As approved at the Board of Directors Meeting on date: 9/5/2017 Board of Directors Resolution Number: 2017-09- Posted By: Posted date:
T:\BOARDCLK\BOARD MATERIAL\2017\14 - September 5, 2017\S DRIVE\C-1-L FIN 520700 Paving Transfers.xlsx
93 Page Left Blank Intentionally
94 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
m. Authorization to Enter into a Cooperative Funding Agreement with the East Contra Costa County Habitat Conservancy for Federal Emergency Management Agency Funds: District-wide (Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors of the East Bay Regional Park District (Park District) authorize entering into a cooperative funding agreement with the East Contra Costa County Habitat Conservancy (ECCCHC) to pass-through funds from the Federal Emergency Management Agency (FEMA) for the repair of damage from the 2017 Winter Storms, District-wide.
REVENUE/COST
There is no direct cost to the Park District because of this action. FEMA grants have been applied for and the Park District is acting as a pass-through agent for these monies. Depending upon the amount of funding awarded, the Park District will reimburse the ECCCHC for qualified expenses as approved by FEMA.
BACKGROUND
Major disasters have been declared for Alameda and Contra Costa Counties in for serve winter storms in 2017. Local governments, special districts, state agencies and certain non-profit organizations in the declared counties are therefore eligible to apply for Public Assistance funds from FEMA.
During the winter storms, ponds in the Vasco Hills, Byron Vernal Pools and Black Diamond areas of eastern Contra Costa County were damaged. The Park District has a long-standing partnership with the ECCCHC to improve natural resources in eastern Contra Costa County. The ECCCHC has offered to undertake the Lead Agency obligations including design, permitting and construction to repair ponds damaged from the storms. For these projects, the funding relationship between the Park District and the ECCCHC must be clearly delineated to ensure that all parties are aware of, and agree to abide by, the FEMA grant requirements to secure reimbursement for project expenditures.
ALTERNATIVES No alternatives are recommended.
95 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO ENTER INTO A COOPERATIVE FUNDING AGREEMENT WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY FOR FEDERAL EMERGENCY MANAGEMENT AGENCY FUNDS: DISTRICT-WIDE
WHEREAS, major disasters have been declared for Alameda and Contra Costa counties for serve winter storms in 2017 and local governments, special districts, state agencies and certain non- profit organizations in the declared counties are therefore eligible to apply for Public Assistance funds from the Federal Emergency Management Agency (FEMA); and
WHEREAS, during the winter storms ponds in the Vasco Hills, Byron Vernal Pools and Black Diamond areas of eastern Contra Costa County were damaged ; and
WHEREAS, the District has a long-standing partnership with the ECCCHC to improve natural resources in eastern Contra Costa County and the ECCCHC has offered to undertake the Lead Agency obligations including design, permitting and construction to repair ponds damaged by the storms; and
WHEREAS, the funding relationship between the District and the ECCCHC must be clearly delineated to ensure that all parties are aware of, and agree to abide by, the FEMA grant requirements to secure reimbursement for project expenditures; and
WHEREAS, the District and the ECCCHC have negotiated a Cooperative Funding Agreement for the pass-through of federal grant funds;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorize entering into a Cooperative Funding Agreement with the ECCCHC to pass-through federal grant funds equal to the amount received from FEMA related to the 2017 winter storms; 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.
Moved by Director , seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR: AGAINST: ABSTAIN: ABSENT
96 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
n. Authorization to Execute a Contract with Knapp Architects for Architectural Services for the Preservation of Camp Bertha: Ohlone Regional Wilderness (Noonan/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors award a contract to Knapp Architects for architectural services for the preservation of Camp Bertha in the Ohlone Regional Wilderness.
REVENUE/COST
Funds are available from the Measure WW safety and security budget for this $66,096 contract to Knapp Architects for architectural services to preserve Camp Bertha.
USE OF FUNDS Rowell (244001) $219,000 Expenditures and Encumbrances to Date $ 33,815 Amount Available $185,185 Award to Knapp Architects $ 66,096 BALANCE REMAINING $119,089
BACKGROUND
Camp Bertha is an important historical resource. Structures at the site include a main house, two sleeping cabins, outhouse, wash house, a Quonset hut and miscellaneous outbuildings, all of which were detailed in the Acquisition Evaluation (AE). The AE summarized preliminary options for retaining, repairing and demolishing structures pending an historic resource assessment of those structures with potential historic merit. That historical resource assessment has been completed. This architecture contract will explore cost effective options for retaining, repairing and demolishing structures while fully considering the hazardous materials, historical and structural needs of the site in order to make the site safe and secure.
On May 26, 2017, the Park District posted a Request for Qualifications for the project on its website. The Park District received statements of qualifications from four firms. Three firms, Page
97 & Turnbull, Inc., Knapp Architects, and Interactive Resources, Inc. were then invited on the long drive out to Camp Bertha, and to make final proposals for the project. Knapp Architects being selected as the best firm for the project.
ALTERNATIVES
No alternatives are recommended.
98 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO EXECUTE A CONTRACT WITH KNAPP ARCHITECTS FOR ARCHITECTURAL SERVICES FOR THE PRESERVATION OF CAMP BERTHA: OHLONE REGIONAL WILDERNESS
WHEREAS, Camp Bertha is an important historical resource, structures at the site include a main house, two sleeping cabins, outhouse, wash house, a Quonset hut and miscellaneous outbuildings, all of which were detailed in the Acquisition Evaluation (AE); and
WHEREAS, the AE summarized preliminary options for retaining, repairing and demolishing structures pending an historic resource assessment of those structures with potential historic merit and that historical resource assessment has been completed; and
WHEREAS, this architecture contract will explore cost effective options for retaining, repairing and demolishing structures while fully considering the hazardous materials, historical and structural needs of the site in order to make the site safe and secure; and
WHEREAS, on May 26, 2017, the District posted a Request for Qualifications for the project on its website. The District received statements of qualifications from four firms. Three firms, Page & Turnbull, Inc., Knapp Architects, and Interactive Resources, Inc. were then invited on the long drive out to Camp Bertha, and to make final proposals for the project. Knapp Architects being selected as the best firm for the project;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize a $66,096 contract to Knapp Architects from project account (244001) for architectural services to preserve Camp Bertha; 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.
Moved by Director , seconded by Director , and approved this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
99 Page Left Blank Intentionally
100 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. Copyright:© 2014 Esri, Sources: Esri, USGS, NOAA
101 Page Left Blank Intentionally
102 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
o. Authorization to Award an Emergency Contract to TNB Construction for Repair of Sand Mine Opening: Black Diamond Regional Preserve (Noonan/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize the award of an emergency contract in the amount of $60,850 to TNB Construction of Antioch, California, the lowest responsive responsible bidder, for the Emergency Repair of the Sand Mine Opening at Black Diamond Regional Preserve; and
2. Approve a construction contingency up to the amount of $15,213 (25% of the contract amount).
REVENUE/COST
Sufficient funding for the project, including the construction contract and construction contingency, is available from the source of funds indicated below:
SOURCE OF FUNDS Mine Shaft Safety Repairs (Project #521000) $360,000 Encumbrances and Expenditures to Date $225,751 FUNDS AVAILABLE $134,249
USE OF FUNDS Construction Contract $60,850 Construction Contingency $15,213 Construction Total $76,063
BALANCE REMAINING $58,186
The Federal Emergency Management Agency (FEMA) visited the site. Staff will pursue reimbursement of the project cost from FEMA if funds for the project are made available.
103 BACKGROUND
The heavy winter storms of early 2017 damaged the sand mine opening above the Hazel Atlas Portal. The area had been stable for years and was protected by a metal fence to keep the area safe. The winter storms eroded the area, opened the mine shaft and damaged the protective fence. This collapsed sand mine slope poses an imminent health and safety risk. The large inner void has collapsed down at a 45-degree angle down to the top of the Clark coal seam and is now over 20 feet deep. This leaves a 30-foot ledge of weak fractured rock overhead, along with a large funnel shaped void that has elevated carbon dioxide levels at the bottom.
The pumping of concrete into the underground void is not expected to impact resources. However, a consultant biologist will perform a pre-construction survey to insure the project will not impact any sensitive resources and will closely monitor the project during construction so the District is not seeking regulatory permits.
The Hazel Atlas mine subsidence will be filled with Controlled Low Strength Materials (CLSM). The CLSM's shall be of Contractors mix design to guarantee the ability to pump up hill through 325 feet of concrete hose to the mine subsidence. The volume is expected to be 180 cubic yards. The Contractor responsible for concrete hose installation, filling voids, and removing hose when complete.
This project is an emergency. Typically for a project of this size a formal Notice to Bidders for the project is published. This District did not solicit formal bids because preparation of a design and specifications and competitive bidding would delay the project up to three to six months. Because this is an emergency project, the District solicited three informal bids from contractors with specialized experience with this type of work. The bids from the contractors are shown below. Staff is requesting the Board make an emergency award of this contract. District Counsel has reviewed the project to ensure it meets the requirements of an emergency project.
NAME OF BIDDER TOTAL BASE BID TNB Construction, Antioch $60,850 Nationwide Shotcrete, Newhall $69,300 Gonsalves & Santucci Inc., bda Conco, Concord $77,930
ALTERNATIVES
No alternatives are recommended.
104 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 –
September 5, 2017
AUTHORIZATION TO AWARD AN EMERGENCY CONTRACT TO TNB CONSTRUCTION FOR REPAIR OF SAND MINE OPENING: BLACK DIAMOND REGIONAL PRESERVE
WHEREAS, heavy winter storms of early 2017 damaged the sand mine opening above the Hazel Atlas Portal at Black Diamond Regional Preserve and the area had been stable for years and was protected by a metal fence to keep the area safe, but the winter storms eroded the area, opened the mine shaft and damaged the protective fence; and
WHEREAS, this collapsed sand mine stope is an imminent threat to human life in two ways and the large inner void has collapsed down at a 45-degree angle down to the top of the Clark coal seam and is now over 20 feet deep ant leaves a 30-foot ledge of weak fractured rock overhead that could easily fall and crush someone and this large funnel shaped void also has elevated carbon dioxide levels of 1,300ppm at the bottom due to its proximity to the Clark coal seam now and carbon dioxide at these levels can be lethal if anyone were to get into the opening, and the Board of Directors finds that these circumstances require emergency repairs for the protection of public property and public safety; and
WHEREAS, the Hazel Atlas mine subsidence will be filled with Controlled Low Strength Materials (CLSM) of the Contractors mix design to guarantee the ability to pump up hill through 325 feet of concrete hose to the mine subsidence with the volume is expected to be 180 cubic yards; and
WHEREAS, typically for a project of this size a formal Notice to Bidders for this project is published, but because this is an emergency project, the District solicited informal three bids from contractors.; and
WHEREAS, the Federal Emergency Management Agency (FEMA) visited the site and staff will pursue reimbursement of the project cost from FEMA if funds for the project are made available;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards an emergency contract to TNB Construction, in the amount $60,850 and approves a construction contingency up to the amount of $15,213 from project account (521000) for the emergency repair of the Sand Mine Opening at Black Diamond Regional Preserve; 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.
105 Moved by Director , seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
106 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
p. Authorization to Apply for Grant Funds from the Wildlife Conservation Board Public Access Program: District-wide (Margulici/Rasmussen/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize two applications for grant funds from the Wildlife Conservation Board’s Public Access Program.
REVENUE/COST
This action proposes approval of two grant applications of approximately $200,000 each for fishing dock replacement at Contra Loma Regional Park and development of kayak access at Point Isabel Regional Shoreline. Once completed, the Point Isabel kayak access will increase the ongoing operational cost of the Park District.
BACKGROUND
The Wildlife Conservation Board (WCB) carries out a public access development program to improve public access to hunting, fishing, or other wildlife-oriented recreation throughout California. Financial assistance is available to State and federal agencies, cities, counties and public districts or corporations for development of public access facilities such as fishing piers or floats, access roads, boat launching ramps, trails, boardwalks, interpretive facilities, and lake or stream improvements. Support facilities such as restrooms and parking areas are also eligible for funding under this program. Approximately $1,000,0000 is available statewide through this grant solicitation.
Replacing the fishing dock at Contra Loma and developing new kayak access at Point Isabel Shoreline will provide wildlife-oriented recreation. At Contra Loma, the fishing dock adjacent to the boat launch facility is planned for replacement in 2018. The Point Isabel Public Access project will include replacing the existing cement steps with a more accessible ramp and/or steps, adding a gravel rigging area, installing a disabled accessible path from the existing parking lot to the rigging area and to the launch site, adding new interpretive and Bay Water Trail identification signs, improve emergency egress from the water by reconfiguring boulders from the end of the existing
107 access ramp near the end of the Hoffman Channel and improve the existing jetting protecting the site by adding shoreline protection near the launch.
ALTERNATIVES
No alternatives are recommended.
108 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE WILDLIFE CONSERVATION BOARD PUBLIC ACCESS PROGRAM: DISTRICT-WIDE
WHERAS, the East Bay Regional Park District is seeking funding from the California Wildlife Conservation Board Public Access Program for projects that create or enhance wildlife- oriented recreation; and
WHEREAS, District procedures require Board Approval for all grant applications; and
WHEREAS, said application contains assurances and certifications that the applicant must comply with in order to enter into an agreement with the Wildlife Conservation Board;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby:
1. Approves the filing of two applications with the Wildlife Conservation Board up to the maximum amount allowed under the program; and
2. Certifies that Grantee understands the assurances and certification in the application form; and
3. Certifies that Grantee has or will have sufficient funds to operate and maintain the project; and
4. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services/CFO, 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 Assistant General Manager of Finance and Management Services/CFO 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 approved this 5th day of September, 2017, by the following vote:
109 FOR:
AGAINST: ABSTAIN: ABSENT:
110
AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
q. Authorization to Purchase and Install FuelMaster Fuel Management Equipment from Syn-tech Systems, Inc. (McCrystle/O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase and installation of FuelMaster Fuel Management Equipment from Syn-tech Systems, Inc. of Tallahassee, Florida at a cost not to exceed $160,000.
REVENUE/COST
For the purpose of purchasing and installing fuel management equipment, the District has allocated funds in the 2017 Budget, Fleet Management Account 101-5930-000-6443.
PROPOSED ENCUMBRANCE: Equipment, Installation, and Sales Tax $ 160,000.00
BACKGROUND
In an effort to better and more accurately track fuel usage in the District, new fuel management equipment will be installed at each of the District’s nine aboveground fuel storage tank sites at: Crown Memorial Beach State Beach, Miller/Knox Regional Shoreline, Las Trampas Regional Wilderness, Del Valle Regional Park, Ardenwood Historic Farm, Sunol Regional Wilderness, Shadow Cliffs Regional Park, Anthony Chabot Regional Park, and Cull Canyon Recreation Area. The fuel management equipment will also be installed on the newly situated Pacheco Corp Yard diesel fuel tank. Staff will be able to continue using their existing fuel PIN to dispense fuel from the storage tanks. These transactions will be digitally recorded by the fuel management system, thus eliminating the need for hand written paper records. Transaction information compiled by the fuel management software will also be used to calculate vehicle efficiency and District-wide fuel consumption. Because the FuelMaster software also tracks the District’s Wright Express (WEx) fuel card transactions, it will be able to track and analyze both individual vehicle and fleet fuel costs as well. The data gathered by this new system will be used to establish a total fleet fuel efficiency baseline (miles per gallon- MPG) rating which will help inform decisions for greening the fleet and making more sustainable purchasing decisions.
111 FuelMaster fuel management equipment is available for purchase directly from Syn-tech Systems, Inc. by means of the National Joint Powers Alliance (NJPA), Contract# 022217-SYS. The contract pricing is the result of a competitive bid process and open to all federal, state and local governmental entities. Public agencies electing to use this method of equipment acquisition avoid the administrative costs of seeking formal bids.
ALTERNATIVES
For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended.
112 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 - 09 -
September 5, 2017
AUTHORIZATION TO PURCHASE AND INSTALL FUELMASTER FUEL MANAGEMENT EQUIPMENT FROM SYN-TECH SYSTEMS, INC.
WHEREAS, the District has included funding in its 2017 Budget for the purchase and installation of fuel management equipment; and
WHEREAS, the District has a need to automate existing above ground fuel storage tank systems for more reliable and accurate calculation of vehicle efficiency and District-wide fuel consumption; and
WHEREAS, Syn-tech Systems, Inc. of Tallahassee, Florida, is a recognized vendor offering suitable equipment based on the results of competitive pricing through the National Joint Powers Alliance (NJPA), Contract# 022217-SYS;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase and installation of FuelMaster Fuel Management Equipment at a cost not to exceed $160,000, with said sum to be encumbered from the 2017 Budget, Fleet Management Account 101-5930-000-6443; 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 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
113 Page Left Blank Intentionally
114 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
r. Authorization to Purchase Six Chevrolet Pick-up Trucks from Winner Chevrolet for Vehicle Replacement Program: District-wide (McCrystle/O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase of six Chevrolet pick-up trucks from Winner Chevrolet of Colfax, California at a total cost of $156,776.
REVENUE/COST
Funds have been allocated in the District’s 2017 Budget for the purpose of purchasing replacement fleet vehicles Fleet Replacement Accounts, 101-5933-000-5375 (Rolling Stock <$25,000) and 101-5933-000-7505 (Rolling Stock >$25,000), and Martinez Shoreline Account 101-5171-483-7505 (Rolling Stock >$25,000).
PROPOSED ENCUMBRANCE, Account 101-5933-000-5375: Base Price $ 67,440 CA Tire Fees 26 Sales Tax 5,564 Proposed Encumbrance $ 73,030
PROPOSED ENCUMBRANCE, Account 101-5933-000-7505: Base Price $ 74,040 CA Tire Fees 26 Sales Tax 6,108 Proposed Encumbrance $ 80,174
PROPOSED ENCUMBRANCE, Account 101-5171-483-7505: Base Price $ 3,300 Sales Tax 272 Proposed Encumbrance $ 3,572
115 TOTAL ENCUMBRANCE: Base Price $ 144,780 CA Tire Fees 52 Sales Tax 11,944 Total Encumbrance $ 156,776
BACKGROUND
Six Chevrolet Colorado pick-up trucks will replace District vehicles which are being retired due to age, high mileage, and declining condition. One vehicle assigned to Martinez Regional Shoreline includes an approved, park-funded upgrade to 4WD.
ANTHONY CHABOT 2980 2005 PKUP, CHEV COLORADO 4WD CULL CANYON 2953 2004 PKUP, FORD RANGER 2WD LAKE CHABOT 2981 2005 PKUP, FORD RANGER 2WD MARTINEZ SHORELINE 2957 2004 PKUP, FORD RANGER 2WD STEWARDSHIP 2867 2001 PKUP, DODGE DAKOTA 4WD TILDEN NATURE AREA 2968 2004 PKUP, FORD RANGER 2WD
The new vehicles are available for purchase directly from Winner Chevrolet by means of contract pricing established by the State of California, General Services Procurement Division, Contract #1-16-23-20D. The pricing is the result of a competitive bid process and open to all state governmental entities and educational institutions. Public agencies electing to use this method of vehicle acquisition avoid the administrative costs of seeking formal bids.
ALTERNATIVES
For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended.
116 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 - 09 -
September 5, 2017
AUTHORIZATION TO PURCHASE SIX CHEVROLET PICK-UP TRUCKS FROM WINNER CHEVROLET FOR VEHICLE REPLACEMENT PROGRAM: DISTRICT-WIDE
WHEREAS, the District has included funding in its proposed 2017 Budget for the purchase of new rolling stock for the vehicle replacement program; and
WHEREAS, the District has the need to replace six vehicles which are being retired due to age, high mileage, and declining condition; and
WHEREAS, Winner Chevrolet of Colfax, California is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract #1-16-23-20D;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of six Chevrolet pick-up trucks for a total cost of $156,776, with said sum to be encumbered from the 2017 Budget, $73,030 from Fleet Replacement Account 101-5933-000-5375 (Rolling Stock <$25,000), $80,174 from Fleet Replacement Account 101-5933-000-7505 (Rolling Stock >$25,000), and $3,572 from Martinez Shoreline Account 101-5171-483-7505 (Rolling Stock >$25,000); 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 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 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
117
Page Left Blank Intentionally
118 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
s. Authorization to Enter into a Special Use Agreement with Tri-Valley Stargazers: Del Valle Regional Park (Patterson/O’Connor)
RECOMMENDATION
The Board Operations Committee, by unanimous vote at its August 17, 2017 meeting, recommends that the Board of Directors authorize a Special Use Agreement for five years, with one additional five-year period, with the Tri-Valley Stargazers, a 501(c)3 (Club). The Special Use Agreement will allow up to ten members after-hours use of a fire road trail in Del Valle Regional Park to conduct observations of the sky.
REVENUE/COST
The District will receive $300 per year from the Club. Under the agreement, up to ten Tri- Valley Stargazers (TVS) members are permitted nightly, after-hours access to Del Valle Regional Park.
BACKGROUND
The Tri-Valley Stargazers (TVS), a club comprised of amateur astronomers, as well as The Astronomy Connection, an internet blog site, approached the District in August of 1997 requesting a special use permit at Del Valle Regional Park for astronomical observing after the park’s curfew. Del Valle Regional Park is one of the few areas in the Bay Area considered a “dark” area with a southern view. The District approved this use in April 1999 with a one-year Special Use Agreement, which was followed by seven years of annual agreements, and a ten- year agreement that expires this year. In the future, only TVS will be responsible for the agreement.
The normal monthly viewing period occurs during the time around the new moon – a period that can range from eight days before the new moon until five days following the new moon. The maximum use of the premises is 6 - 8 times per month, but the average usage is generally 3 or 4 times per month. The viewings are dependent upon weather. During poor weather conditions, the premises are not used at all. Site access is limited to 10 members per night.
119 Throughout the year, TVS conducts outreach “star parties” at schools and other locations for teachers, students, and other groups, such as Boy or Girl Scouts.
This Special Use Agreement will continue to allow the TVS members use of Del Valle Regional Park with exclusive after-hours access of the park for astronomical observation. TVS will not use any park utilities or structures, nor will they be allowed to build any structures at the site. They will begin a partnership with the District’s Interpretation and Recreation staff to develop “star gazing” programs at Del Valle Regional Park and hold outreach at the park. In addition, with park staff direction and approval, a backup observation site will be chosen.
Staff recommends the Board approve a five-year Special Use Agreement beginning September 5, 2017 with one additional five (5) year period, based on satisfactory performance by adhering to all terms of the agreement.
ALTERNATIVES
None are recommended.
120 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017- 09 -
September 5, 2017
AUTHORIZATION TO ENTER INTO A SPECIAL USE AGREEMENT WITH TRI-VALLEY STARGAZERS: DEL VALLE REGIONAL PARK
WHEREAS, for the past 18 years, the Tri-Valley Stargazers have had after-hours access of a fire road trail in Del Valle Regional Park to conduct astronomical observations; and
WHEREAS, Tri-Valley Stargazers club members wish to continue their relationship with the District and are requesting to renew their Special Use Agreement; and
WHEREAS, the Board Operations Committee at its August 17, 2017 meeting reviewed and unanimously recommended approval of this agreement by the full Board;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes entering a five-year agreement, with a possible second five-year term, that details the continued after-hours access of Del Valle Regional Park with the Tri-Valley Stargazers beginning September 5, 2017 with an annual fee of $300 to be coded to Lakes, Del Valle, Other Revenue 101-5141-203-3899; 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 5st day of September, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
121 Exhibit A
122 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 320± Acres of Real Property from Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust dated June 19, 2002: Byron Vernal Pools Regional Preserve (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors (Board) authorize staff to exercise the option and accept, transfer and appropriate funds for the purchase from Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust dated June 19, 2001 (Seller), of 320± acres located in an unincorporated area of Contra Costa County on the westerly side of Byron Hot Springs Road, 1.5 miles south of the Byron Airport facility.
REVENUE/COST
This property may be acquired for $2,400,000 based on its appraised fair market value, plus acquisition costs as described below. Pursuant to the Option, Purchase and Sale Agreement (Agreement), approved by the Board on June 20, 2017 by Resolution No. 2017-06-181, an option payment of $25,000 was deposited into escrow upon execution of the Agreement. The District has until September 20, 2017 to exercise the option. Thereafter, the District has until October 30, 2017 to close escrow, unless close of escrow is further extended to January 30, 2018. The option payment is to be credited toward the purchase price; however, the deposit is non- refundable if the District is unable to perform under the Agreement after all of the precedent conditions have been satisfied. Funds for the option payment were previously appropriated by the aforementioned June 20, 2017 board action.
The property will be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) who will provide 90% of the purchase price. The Conservancy will utilize Federal Section 6 and State Proposition 84 funds administered through the Conservancy and awarded through the California Wildlife Conservation Board (WCB) for almost 99% of their purchase price portion. The remaining 1% of the Conservancy’s purchase price portion will be funded by Contra Costa County Avian Funds approved by the California Department of Fish and
123 Wildlife (CDFW) and provided by a State Attorney General Settlement Agreement for avian mitigation related to the repowering of the Buena Vista and Tres Vaqueros wind farms in the Altamont Pass Wind Resource Area. These funds will also be passed through the Conservancy. The purchase is scheduled to be completed by October 30, 2017; however, this date may be extended through January 30, 2018, if the Conservancy experiences a delay in the funding process.
The Park District plans to utilize separate funds provided by the same Settlement Agreement for the remaining portion of the total purchase price and acquisition related expenses. Park District Grant’s staff have met with CDFW and plan to submit an application for use of the settlement funds in September. Should the Park District not be awarded the settlement funds, the remaining portion of the purchase price will be funded by funds provided to the Park District by various wind farms collectively known as “NextEra” via a Memorandum of Understanding approved by Board Resolution No. 2012-06-146, approved on June 6, 2012. These funds are to be used for conservation projects benefiting bird and bat species and were credited to Other Than Asset project account 509000LNEC.
This action accepts, transfers and appropriates funding for the remaining purchase price and related acquisition expenses as follows:
SOURCE OF FUNDS Conservancy/Federal Section 6 Land Acquisition Grant $1,077,600 Conservancy/State Proposition 84 Land Acquisition Grant 1,055,800 Conservancy/Buena Vista/Tres Vaqueros/CDFW/Buena Vista/Tres Vaqueros 26,600 Contra Costa County Avian Fund CDFW/Buena Vista/Tres Vaqueros/Settlement Agreement Funds or NextEra Conservation Funds (OTA 509000LNEC) 403,000 Total Current Appropriation Request $2,563,000
USE OF FUNDS: Casey/Byron Vernal Pools Acquisition (245400) Remaining Purchase Price $2,375,000 Staff Time 7,000 Casey/Byron Vernal Pools Safety and Security (245401) Fencing 55,000 Gates 2,000 Well Restoration 12,000 Water Distribution and Storage 30,000 Demolition and Site Cleanup 70,000 Site Remediation 10,000 Integrated Pest Management 1,000 Signage 1,000 Total Current Appropriation Request $2,563,000 Previously Appropriated Funds for Option Payment, Staff Time, Appraisal 69,000 Total Project Cost $2,632,000
124 BACKGROUND
On May 5, 2015, by its Resolution No. 2015-05-116, the Board authorized staff to begin negotiations with Jacqueline Stewart, a former member of the ownership, together with Robert F. Casey. Jacqueline Stewart subsequently conveyed her interest in the subject property to Robert F. Casey, making him the sole Seller. Thereafter, on June 6, 2017, by its Resolution No. 2017-06-147, the Board authorized staff to begin negotiations with the Seller for the acquisition of his 320± acre property. Following the updated authorization to negotiate, on June 20, 2017 by Resolution No. 2017-06-181, the Board authorized staff to enter into an Option, Purchase and Sale Agreement with the Seller for the acquisition of the subject property.
The subject property is comprised of one rectangular-shaped assessor’s parcel, 021-001-003-7, with direct access to the public road known as Byron Hot Springs Road, south of the town of Byron. The parcel has a maximum east-west width of 2,640 feet and an estimated north-south length of 5,280 feet. A rough-graded ranch road leading from Byron Hot Springs Road into the property provides limited access to its interior. Elevations on the property range from 100 feet to 600 feet above sea level. From vantage points on the property, views of the communities of Byron, Brentwood and Oakley can be seen against the backdrop of the San Joaquin and Sacramento River Delta to the northwest.
Terrain and vegetation over the majority of the Casey property is characterized as moderate to rolling hills with stands of trees. The property has traditionally been utilized for dry cattle grazing and is covered with annual grasses occasionally grazed by Jacqueline Stewart. Ms. Stewart will continue to graze the property until the acquisition of the property, at which time the District will place its own grazing tenant on the property. The property is also characterized on its western boundary by a tributary of Brushy Creek which feeds downstream vernal pools in the Byron Airport Habitat Management Lands supporting California tiger salamander, California red- legged frog and vernal pool fairy shrimp as well as a riparian plant community.
There are several generally dilapidated structures located on the subject property. An historic analysis of the structures has been completed by the District utilizing the appropriation for an historic site assessment included in the June 20, 2017 Board action. One of the structures located on the site and known as the blacksmith building is indicated to have potential historic value; therefore, staff recommends retaining and securing this structure. The historic assessment did not indicate that the other structures contained historic value; therefore, due to their dilapidated condition, staff recommends they be demolished. An appropriation for securing the blacksmith building, demolishing the other structures, site cleanup, as well as minor environmental remediation work, has been included in this Board action.
The subject property is located outside of the County’s Urban Limit Line and outside of any urban service area. The property is zoned A-4, Agricultural Preserve District, with a General Plan designation of “AL,” Agricultural Lands. The property is not encumbered with a Land Conservation Agreement or Williamson Act contract. After analyzing the property’s access as well as its physical, legal and economic constraints, the independent third-party appraiser concluded that the property’s highest and best use would be its continued use as grazing land with a component of speculative investment potential. The parcel has the potential for
125 subdivision into four smaller ranching units.
The East Contra Costa County Habitat Conservation Plan designates the property as a priority acquisition because it offers a key opportunity to protect rare wetland habitat and associated plant and animal species, as well as to restore alkali wetlands in eastern Contra Costa County. The site provides habitat for fairy shrimp, Mid-valley fairy shrimp, as well as western burrowing owl and tricolored blackbird. Acquisition of the subject property also provides the potential opportunity to expand the eastern boundary of Byron Vernal Pools Regional Preserve, located within the surrounding Vasco Corridor, and develop a trail segment as specified in the Master Plan 2013 Regional Parkland and Trail Map, as well as offer interpretive and educational opportunities.
An Acquisition Evaluation (“AE”) conducted by staff presents an analysis of and recommendations for the property and is attached to this report. The AE recommends that upon acquisition the Casey property be placed into Land Bank status until a Land Use Plan for Byron Vernal Pools Regional Preserve that incorporates the property into the regional park system is adopted. The AE also recommends continued seasonal grazing of the greater portion of the property.
ALTERNATIVES
No alternatives are recommended.
126
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO EXERCISE THE OPTION, PURCHASE AND SALE AGREEMENT AND ACCEPT, TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION IN PARTNERSHIP WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY OF 320+ ACRES OF REAL PROPERTY FROM ROBERT F. CASEY, TRUSTEE OF THE ROBERT F. CASEY REVOCABLE TRUST DATED JUNE 19, 2002: BYRON VERNAL POOLS REGIONAL PRESERVE
WHEREAS, the Board of Directors authorized negotiations with Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust dated June 19, 2002 (Seller), by Resolution No. 2017-06- 147, adopted June 6, 2017, for acquisition of his 320-acre property off Byron Hot Springs Road; and
WHEREAS, under direction given by the Board of Directors, staff negotiated an Option, Purchase and Sale Agreement (Agreement) with the Seller for acquisition of the subject property; and
WHEREAS, on June 20, 2017, by its Resolution No. 2017-06-181, the Board authorized staff to enter into the Agreement for the acquisition of the subject property, whereby the Board appropriated $69,000 for a $25,000 option deposit to be credited toward the purchase price and $44,000 of associated project costs; and
WHEREAS, the 320± acre subject property may be acquired on or before October 30, 2017, and extendable through January 30, 2018, for $2,400,000, based on its appraised fair market value as supported by an independently prepared appraisal; and
WHEREAS, the subject property will be purchased in partnership with the East Contra Costa County Habitat Conservancy (Conservancy), which is providing the Park District with Federal and State grant funds totaling $2,133,400 as awarded by the California Wildlife Conservation Board (WCB), and grant funds approved by the California Fish and Wildlife Department (CDFW) and provided by a State Attorney General Settlement Agreement for avian mitigation related to the repowering of the Buena Vista and Tres Vaqueros wind farms in the Altamont Pass Wind Resource Area totaling $26,600, together equaling 90 percent of the purchase price; and
WHEREAS, the source of funding will require that the subject property be held and used for conservation purposes and not be sold, transferred or used as security for any debt without the written consent of the Conservancy and the WCB, as memorialized in two grant agreements with the Conservancy and the WCB and in a separate funding agreement with the Conservancy; and
127 WHEREAS, under the above grant and funding agreements, the District will be required to undertake all of the long-term management responsibility for the property; and
WHEREAS, this Board action authorizes the use of additional funds provided by various wind farms collectively known as “Next Era” via a Memorandum of Understanding approved by Board Resolution 2012-06-146 on June 6, 2012 to support this property acquisition. The funds are to be used for conservation projects benefiting bird and bat species and were credited to other than asset project account 509000LNEC; and
WHEREAS, as approved by the Board on June 20, 2017, by its Resolution No. 2017-06- 181, the Board also authorizes staff to pursue the opportunity to compete for funds available through CDFW and provided by a State Attorney General Settlement Agreement for avian mitigation related to the repowering of the Buena Vista and Tres Vaqueros wind farms in the Altamont Pass Wind Resource Area; and
WHEREAS, acquisition of this property aids in important resource protection goals by maintaining open space, protecting and restoring sensitive species habitat, and extending a wildlife corridor; and
WHEREAS, acquisition of the subject property provides the opportunity to expand the boundary of the Byron Vernal Pools Regional Preserve as specified in the Master Plan 2013 Regional Parkland and Trail Map; and
WHEREAS, under the California Environmental Quality Act (CEQA) and the Park 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 acquisition of the 320± acre subject property for a purchase price of $2,400,000; and
BE IT FURTHER RESOLVED, that the Board authorizes the acceptance and appropriation of $1,077,600 in Federal Section 6 grant funding and $1,055,800 in State Proposition 84 grant funding from the WCB through the Conservancy, $26,600 in CDFW/Buena Vista/Tres Vaqueros Contra Costa County Avian grant funding, and $403,000 in CDFW/Buena Vista/Tres Vaqueros/Settlement Agreement grant funding and/or NextEra Conservation Funds (OTA 509000LNEC), to project accounts Robert F. Casey, Trustee/Byron Vernal Pools Acquisition (245400) and Robert F. Casey/Byron Vernal Pools Safety and Security (CIP 215801), as shown on the attached Budget Change form, to fund the remaining purchase price and related acquisition expenses; and
BE IT FURTHER RESOLVED, that the Board authorizes the District to execute Grant Agreements, Subgrant Agreements and a Funding Agreement as required by the Grantors; and
128 BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
129 Page Left Blank Intentionally
130 ACQUISITION EVALUATION
Byron Vernal Pools Regional Preserve Casey Property 320± acres APN: 001-021-003-7 (Contra Costa County)
Site Description:
The Casey property consists of one 320-acre parcel located in unincorporated Contra Costa County south of the unincorporated community of Byron. The property is bordered by farmland to the east, west and south and Byron Airport and District parkland to the north.
Legal access to the site is provided by a driveway off of Byron Hot Springs Road. An access road to the back of the property is not maintained and difficult to maneuver. There are no major improvements, only a few groupings of generally dilapidated, unusable ranch structures and corrals. The property is in a natural state and is currently used as grazing land.
The property is located in the vicinity of Byron Vernal Pools Regional Preserve and directly adjacent to the recently acquired Campos property and the Byron Airport conservation easement on its northern border. The Regional Preserve and the Campos property are currently under landbank status and not open to the public. The Casey property will contribute to the protection of significant habitat across the Regional Preserve. Byron Vernal Pools Regional Preserve is directly connected to Vasco Hills and Vasco Caves Regional Preserves to the north and west. Together, these three parks represent a total of approximately 5,000 acres, forming a wildlife habitat and recreational corridor throughout the Vasco Road area.
The Casey property has not been regularly grazed in the last few years, resulting in very high grasses. The property is fenced along the northern, eastern and western boundaries but the fencing is in poor condition and will need to be improved. There is minimal grazing infrastructure and no water for the cattle on the property. An undeveloped artesian well is located in the central part of the property. Water from this well may be used for grazing purposes once the well is rehabilitated.
The Casey property is located within the jurisdiction of Contra Costa County. It has a General Plan designation of AL, Agricultural Lands and is zoned as A-4 with a minimum 40-acre lot size. The property is located in the Byron Airport influence area and has portions within the C1 Zone. Land in the C1 Zone limits residential development to a minimum 5-acre lot size. Airport zoning also places a height restriction on the property and prevents the property from being used for wind farm purposes. The property is located outside the Contra Costa County Urban Limit Line and within the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan.
131 Natural and Cultural Resources:
The topography of the property is predominantly moderate rolling hills ranging in elevation from 100 feet to 600 feet. There is one undeveloped artesian well, located in the central part of the property, near the structures and corrals.
There is one seasonal creek that traverses the property from the northeast corner to the center of the southern part of the property. This creek is part of the Brushy Creek watershed. Acquisition of the property will increase protected lands within this watershed. A pond in the central part of the property was also identified.
The Casey property contains a mixture of annual grasslands and the potential for dry farmed grains and salt and alkali tolerant grasses and forbs. Grassland is the predominant vegetation across the subject property. Small stands of trees are located in the central part of the property. The property is located in an area that has an exceptionally high occurrence of rare and listed plant species.
The Casey acquisition will contribute to the protection of significant habitat in the Vasco Hills and Byron Vernal Pools vicinity. The Casey acquisition will help protect key habitat and a movement corridor for the San Joaquin Kit Fox. The property also provides suitable habitat for raptors, California tiger salamander, California red-legged frog, golden eagle, tricolor blackbird, western burrowing owl and alkali-dependent covered plants.
No in-depth cultural resources studies have been completed on the property. Based on a preliminary historic assessment of the structures on the property, a structure located on the central part of the property, which was a former blacksmith shop and is in relatively good condition, may likely have some historical value; the District would like to maintain it for its historical and scenic value. No other historic structures have been identified on the property.
No significant prehistoric archaeological resources, areas of Native American concern, or Hispanic-era resources are known to be present on the property. Additional cultural resource studies will be conducted during the land use planning process.
Planning Issues:
Master Plan: This acquisition will be an addition to existing parkland and is therefore consistent with the Master Plan 2013 Regional Parkland and Trail Map as amended in July of 2013.
Land Use Planning: This acquisition will become an addition to Byron Vernal Pools Regional Preserve. No Land Use Plan has been completed for the Byron Vernal Pools Regional Preserve. The Casey property will need to be included in any future Land Use Plan prior to being taken off the land bank list.
132 CEQA Compliance: This acquisition is exempt from CEQA requirements under both Sections 15316 and 15325 of the State CEQA Guidelines, the transfer of ownership of the land to preserve open space; and Section 15304, minor alterations of land with respect to grazing activities.
Public Safety:
Police: The property is within the unincorporated area of Contra Costa County. The property will not be open to the public. Officers and staff would need to conduct periodic checks of the entrance gate and structures on the property.
Potential hazardous materials on the property include asbestos, lead paint, and unmarked drums within the dilapidated structures. According to the Contra Costa Sheriff’s Office, due to the property’s remoteness, the area attracts street racing, illegal dumping, and large parties. In 2016 sheriff deputies investigated a suspected sexual assault linked to one such party. If this activity spreads to the Casey property, the Police Department would see an increase in various associated crimes and calls for service.
Police Recommendations: Clearly established boundary fence. Boundary/No Trespassing signs along Byron Hot Springs Rd.
Fire: The 320-acre Casey property is rated by the State of California as a High Fire Hazard Severity Level and classified as State Responsibility Area (SRA) for fire protection; they are within the State’s Direct Protection Area (CAL FIRE 2007). The other properties in the planning area are also classified as a High Fire Hazard Severity Level but classified as Local Responsibility Area (LRA), under the jurisdiction of East Contra Costa County Fire Protection District (ECCCFPD), which provides fire and emergency services within the unincorporated community of Byron and surrounding areas. In the event of a large wildland fire, additional fire resources would be available from the California Department of Forestry and Fire Protection’s (CAL FIRE) Station 16, known as the Sunshine Station, located on Marsh Creek Road near the City of Clayton. Mutual aid by the Contra Costa Fire Protection District could also be dispatched.
Depending on the magnitude of the fire, CAL FIRE crews, dozers, air resources, supervisory overhead and additional engines could also be dispatched. District engines, water tender and helicopter resources when available, as well as overhead personnel, would respond. Response time of the District’s helicopter is estimated at 40 minutes and longer for ground resources. Regional Park District ground resources would likely be dispatched from the closest staffed station, Station 1 (staffed), in Tilden Regional Park; Station 8 in Contra Loma Regional Park is nearby but not staffed.
This particular parcel is subject to a history of wind driven fires within the Vasco corridor area, which typically results in the use of multiple resources to perform structure protection, animal and life safety for ranch and farmland assets.
133 The parcel is located within the State's "High" Fire Hazard Severity Zone. It is likely that a wildland fire would be fast moving and of high intensity and cause substantial damage to the natural resources and infrastructure improvements.
Hazardous materials response and fire prevention is the responsibility of the District. District records document that over a recent three-year period, Black Diamond Mines Regional Preserve had (6) six hazardous materials incidents. This average of more than one per year is a Moderate occurrence, compared with other District parks. One could expect a similar level of occurrence in this new addition.
In a recent three-year period, District records and ECCFPD records indicate there were (22) twenty-two medical incidents in Round Valley/Vasco area. This is a moderate level of occurrence when compared with other District parks, and could characterize medical response activity in the new parcel as well. However, considering that medical emergencies within this area have extended estimated time of arrival (ETA’s) due to local jurisdiction priorities, the park’s remoteness and geographical features greatly increase the “golden hour” of time, which is from the time a patient is traumatically injured until they receive definitive care.
Fire 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. Continue to strengthen mutual aid relationships with Contra Costa County, neighboring fire departments and protection districts, as well as with the State of California's CAL FIRE to ensure adequate emergency response times. Integrate wildland/urban interface fire considerations in land management planning as well as development project plans. Ensure an adequate level of fire and visitor safety protection capability is provided, commensurate with the increasing land base and wildland-urban interface requiring protection. Maintain strategic existing ranch roads to provide emergency vehicle access and emergency evacuation routes for park visitors. Support the local fire protection jurisdiction in their enforcement of hazard mitigation and annual defensible space clearances in compliance with State PRC 4291. Work cooperatively with local property owners and authorities to maintain roads that provide emergency vehicle ingress and egress, as well as evacuation routes for park users. Cooperate with county and state fire agencies to ensure neighbors and the visiting public are aware of the risks, hazards, responsibilities and defensible space requirements to minimize fire losses in the wildland-urban interface.
Acquisition Criteria: This property: Implements the adopted Park District Master Plan. Presents an acquisition opportunity. Helps maintain an equitable parkland distribution of facilities and programs throughout the District. Possesses significant natural resource habitat.
134 Helps complete existing parks and protects wildlife corridors and the visual integrity in an existing park. Integrates lands acquired in partnership with the East Contra Costa County Habitat Conservancy into the regular park system. Qualifies for grants and funds from other sources.
Recommendation for Land Bank Status: Yes X No ___
The property 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 for Byron Vernal Pools Regional Preserve is approved.
Site Cost Estimate: Acquisition Estimate: $2,400,000
Safety and Security Estimate: $ 181,000 Fencing and Gates $ 57,000 Well Restoration $ 12,000 Water Distribution & Storage $ 30,000 Demolition and Site Cleanup $ 70,000 Environmental Remediation $ 10,000 IPM $ 1,000 Signage $ 1,000
Maintenance and Operational Estimate (annual): $ 29,850 1 Total Five-Year Projection: $ 149,250
Timing: Close of escrow is anticipated to be on or before October 30, 2017.
1 Estimate is based upon the annual Land Base Operating Cost Methodology.
8/31/2017 N. Lavalle
135 Page Left Blank Intentionally
136 Vicinity BYRON VERNAL POOLS REGIONAL PRESERVE East Bay Property: Robert F. Casey, Trustee 0 1,000 2,000 Feet Regional Park District 1 inch [
Wildlands, Inc. Conservation Easement
VASCO BYRON HILLS VERNAL POOLS
Contra Costa County CCWD Conservation Easement
Contra Costa County Conservation Easement
Robert F. Casey, Trustee 001-021-003-7 320 acres approx. BYRON VERNAL POOLS Location Map O:\GIS\MPeterson\Projects_2017\ASD\Land\BoardMaps\BV_Casey\BV_Casey_Vicinity.mxd Date: 5/30/2017 137
Page Left Blank Intentionally
138 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund Between Projects X From New Revenues Between Funds
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Land Habitat Conservancy Plan Federal- Purchase
Account: 333-7330-123-7010 / 245400 LHCF-101 $ 1,077,600 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Land Habitat Conservancy Plan State- Purchase
Account: 333-7330-123-7010 / 245400 LHCP-101 $ 1,082,400 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Settlement Avian Mitigation Funds-Option Deposit
Account: 333-7330-123-7010 / 245400 LSAM-101 $ 215,000 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Settlement Avian Mitigation Funds-Option Deposit
Account: 333-7330-123-7010 / 245400 LSAM-100 $ 7,000 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Settlement Avian Mitigation Funds-Safety & Security
Account: 333-7330-123-7010 / 245401 LSAM-500 $ 181,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on September 5, 2017 the General Manager recommends that the Board of Directors authorize transfer and appropriation of $2,160,000 from Habitat Conservancy Funds, $403,000 from Settlement for Avian Mitigation or NextEra Conservation Funds to augment the existing budget in acquistion project 245400.
As approved at the Board of Directors Meeting on date: 9/5/2017 Board of Directors Resolution Number: 2017-06- Posted by: Posted date: Signature
T:\FINANCE\BUDGET\2017\Changes\245400 Casey Byron Vernal Pools Purchase-Revised 139 Page Left Blank Intentionally
140 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
b. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 40± Acres of Real Property from John T. Roddy and Donna M. Roddy: Deer Valley Regional Park (Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize staff to exercise the Option, Purchase and Sale Agreement (Agreement) with John T. (Jack) and Donna M. Roddy (the Roddy’s), and accept, transfer and appropriate funds for the purchase of their property. The subject 40 ± acre property (the Home Ranch) is located at 5461 and 5601 Chadbourne Road, Brentwood, in an unincorporated area of Contra Costa County west of Deer Valley Road surrounded on all four sides by the former 1,885-acre Roddy Ranch acquired by the Park District in July 2014.
REVENUE/COST
The Home Ranch may be acquired for $1,536,000, its appraised fair market value, plus acquisition costs as described below. Pursuant to the Agreement approved by the Board of Directors on December 20, 2016 by Resolution No. 2016-12-338, an initial option payment of $50,000 (Option Payment) was deposited into escrow immediately upon full execution of the Agreement. A second Option Payment of $300,000 was deposited into escrow on or before January 20, 2017. On or before February 3, 2017, the District completed its due diligence to satisfy specified conditions precedent, upon which the total $350,000 in Option Payments were released from escrow to the Roddy’s and are applicable to the purchase price. The District has until September 20, 2017 to exercise the option and until October 15, 2017 to close escrow.
This property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) utilizing Federal Section 6 funds and State Proposition 84 funds administered through the Conservancy and awarded through the California Wildlife Conservation Board (WCB). This Board action also authorizes the transfer and appropriation of Measure WW funds from the Deer Valley allocation area as follows:
141 SOURCE OF FUNDS Designated Acquisitions – Measure WW Undesignated (CIP $ 214,650 229900WW00) Conservancy Proposition 84 Funds (State) 307,200 Conservancy Land Acquisition Grant (Federal Section 6) 691,200 Total Current Appropriation $1,213,050
USE OF FUNDS Roddy Home Ranch/Deer Valley Regional Park Acquisition (CIP 247400) Balance of Purchase Price $1,186,000 Phase I Environmental Assessment 5,550 Appraisal 700 Title and Escrow 4,800 Staff Time 10,000 Roddy Home Ranch/Deer Valley Safety and Security (CIP 247401) Signage 1,000 Security System Upgrade 5,000
Total Current Appropriation $1,213,050
Previous Appropriation for Due Diligence Expenses and Option Payment $ 379,200 Total Project Cost $1,592,250
BACKGROUND
On May 1, 2012, by its Resolution No. 2012-05-098, the Board of Directors authorized staff to begin negotiations with the Roddy’s for the acquisition of their 40-acre real property. The Home Ranch is comprised of two 20-acre rectangular-shaped parcels, APNs 007-010-025 and 007-010- 027. The property has a street address of 5461 and 5601 Chadbourne Road, Brentwood, in an unincorporated area of Contra Costa County.
The Home Ranch has direct access from Chadbourne Road, a public road, approximately 0.8 miles to the east of Deer Valley Road. Deer Valley Road is the main north/south arterial in the area connecting Marsh Creek Road to the south with Highway 4 to the north. Deer Valley Road is a two-lane, undivided, public road without shoulder improvements. Chadbourne Road is a narrow two-lane, undivided, asphalt paved public road with no shoulder improvements. The two adjacent Home Ranch parcels are at grade with Chadbourne Road with a moderate rise in elevation across the southern portion of the site.
Numerous residential and agricultural structures are located on the Home Ranch. These improvements include a 2,735-square foot, one-story wood framed residence, the Roddy’s home. The residence was constructed in 1980 and contains three bedrooms, 3.5 bathrooms, living room, dining room, kitchen, den, and a 600-square foot built-in garage. The residence has extensive flatwork and landscaping including an approximately 18’ x 34’ in ground pool with flagstone and concrete paver decking. The residence, landscaping and pool appear to be in very good condition.
142
Ornamental varieties of trees and shrubs are planted in the vicinity of these improvements across the northern portion of the site, while vegetation across the southern portion of the property is mostly non-native grasslands.
Agricultural improvements located onsite include a 2,200-square foot metal frame horse barn; a 810-square foot wood framed two-story equipment barn with attached 375-square foot wood frame shed; a 13,000-square foot steel truss arena shelter; an 880-square foot wood frame bunkhouse with kitchen area, one bedroom, one bathroom; a 1,055-square foot steel pipe horse shelter with seven stalls; a 135’ x 230’ illuminated open arena with paddock area and perimeter steel pipe fencing; miscellaneous paddock and pasture fencing; livestock pens; and gravel driveway and parking areas. All of the improvements appear to be in good condition.
Public water and sewer systems are not available to the Home Ranch. Existing solid waste disposal for the main residence and bunkhouse is accomplished with septic tank and leachfield systems. A well and 6,000-gallon reservoir located in the northern corner of the property provide potable water for domestic uses. A backup well is located several hundred feet to the east of the primary well. Electrical and telephone service has been extended into the property off Deer Valley Road. In addition, in 2014 a 30-panel solar array was installed on the roof of the covered arena rated for a maximum of 6.75 kwh, and a two-inch water line extending south from the adjacent golf course property provides raw water for agricultural uses. There is no natural gas service in the vicinity of the property; propane is relied upon as a source of fuel.
The County zoning for the subject property is “A-20”, Exclusive Agricultural District. The purpose of the A-20 designation is to preserve and protect areas for agricultural uses by preventing the establishment of urban and other incompatible land uses thereon. The County General Plan designation for the property is “AL”, Agricultural Lands. The purpose of the Agricultural Lands designation is to preserve and protect lands capable of and generally used for the production of food, fiber and plant materials. The subject property is not encumbered with a Land Conservation Contract pursuant to the Williamson Act.
Per the Agreement and upon close of escrow, the Roddy’s will have the option to leaseback the property from the District for a term of five years with one option to renew for an additional five years. The rent has been established at $24,000 per year and is to be paid on a bi-annual basis. The Roddy’s will be responsible for all maintenance of the property during the lease term and accept the property “as-is with all faults.” They will be responsible for carrying public liability insurance with the District named as an additional insured and the policy shall contain a cross- liability endorsement. The Roddy’s also will be responsible for any possessory interest tax that might be assessed against the property. Rent revenue will be accepted into the Conservancy Properties Funds to fund management of the Home Ranch under the standard funding agreement to be executed with the Conservancy.
Acquisition of the Roddy Home Ranch provides the District with a unique opportunity to not only acquire a 40-acre inholding within the larger 1,885-acre former Roddy Ranch, but to also acquire and preserve a property with a rich history of cattle ranching and the legacy of one of East Contra Costa County’s most colorful cowboys. In 1966 and 1968, Jack Roddy won the world championship in steer wrestling, and in 1979 he was inducted into the Pro Rodeo Hall of
143 Fame. Together with his wife Donna, they have built a beautiful horse and cattle ranch on the subject site that has served the larger Roddy Ranch cattle operation for the past several decades. Preserving the residence and outbuildings as they exist today provides the opportunity to create an interpretive center on East County ranching and cowboy life as part of the future development of Deer Valley Regional Park, to be determined through the land use planning process.
The East Contra Costa County Habitat Conservation Plan designates the property as a high priority acquisition because it offers the opportunity to protect habitat, seasonal drainages, associated special-status plant and animal species, and a wildlife corridor. Acquisition of the Home Ranch may also provide opportunities for future trail connections to the north and west within Deer Valley Regional Park and northwest to Black Diamond Mines Regional Preserve.
An Acquisition Evaluation (AE), conducted to determine consistency with the District’s Master Plan and the suitability of the property as an addition to the park system for resource conservation and public recreational purposes, is attached to this second Home Ranch Board action to exercise the option and fully fund acquisition of the property. The AE recommends that upon transfer to the District, the property be placed into Land Bank status until the future Land Use Plan for Deer Valley Regional Park is completed. The AE also provides the basis for the safety and security funding requested herein.
ALTERNATIVES
No alternatives are recommended. Staff recommends that the Board authorize the exercise of the option, purchase and sale agreement and the acceptance, transfer and appropriation of the funds described herein for the acquisition in partnership with the East Contra Costa County Habitat Conservancy of the 40 ± acre Roddy Home Ranch property.
144 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 -
September 5, 2017
AUTHORIZATION TO EXERCISE THE OPTION, PURCHASE AND SALE AGREEMENT AND ACCEPT, TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION IN PARTNERSHIP WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY OF 40± ACRES OF REAL PROPERTY FROM JOHN T. RODDY AND DONNA M. RODDY: DEER VALLEY REGIONAL PARK
WHEREAS, the Board of Directors authorized negotiations with John T. (Jack) and Donna M. Roddy (the Roddy’s), by its Resolution No. 2012-05-098 adopted May 1, 2012; and
WHEREAS, under direction given by the Board of Directors, staff negotiated an option, purchase and sale agreement (Agreement) with the Roddy’s for acquisition of their 40± acre real property (the Home Ranch); and
WHEREAS, on December 20, 2016, by its Resolution No. 2016-12-338, the Board authorized staff to enter into the Agreement for the acquisition of the Home Ranch, whereby the Board appropriated $350,000 for option payments to be credited towards the purchase price and $29,200 for associated project costs; and
WHEREAS, the Home Ranch may be acquired on or before October 15, 2017 for $1,536,000, its appraised fair market value, as determined by an independent third-party appraiser; and
WHEREAS, the property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) with funding awarded by the California Wildlife Conservation Board (WCB) comprised of $307,200 in State Proposition 84 monies and $691,200 in Federal Section 6 Land Acquisition grant funding; and
WHEREAS, in order to qualify for the Conservancy grant funding sources, the District will be required to enter into funding agreements necessary to secure Federal Section 6 and State Proposition 84 monies from the Conservancy and WCB; and
WHEREAS, acquisition of this parcel aids in important resource protection goals by maintaining open space, protecting and restoring special-status species habitat, and extending a wildlife corridor; and
WHEREAS, acquisition of the subject property also provides opportunities for expansion of the regional trail network in the Deer Valley area; and
WHEREAS, the District will be required to undertake all of the long-term management responsibility for the property except during the proposed leaseback of the property to the
145 Roddy’s for a term of five years with one option to renew for an additional five years. Rent has been established at $24,000 per year and is to be paid bi-annually; rent revenue will be posted to the Conservancy Properties Fund to fund management of the property under the standard funding agreement to the executed with the Conservancy; and
WHEREAS, under CEQA and the District’s Environmental Review Manual, this project 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 General Manager to exercise the Agreement with the Roddy’s for the purchase of their 40-acre Home Ranch; and
BE IT FURTHER RESOLVED that the Board authorizes the General Manager to execute funding agreements necessary to secure Federal Section 6 and State Proposition 84 monies from the Conservancy and WCB; and
BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $214,650 from project account Designated Acquisitions - Measure WW Undesignated (CIP 229900WW00), utilizing funds from the Deer Valley allocation area, to capital acquisition project account Roddy Home Ranch/Deer Valley Regional Park Acquisition (CIP 247400) and Roddy Home Ranch/Deer Valley Safety and Security (247401), to fund a portion of the remaining purchase price and acquisition related expenses as shown on the attached Budget Change form; and
BE IT FURTHER RESOLVED that the Board authorizes the acceptance and appropriation of $307,200 in State Proposition 84 grant funding and $691,200 in Federal Section 6 grant funding from the WCB through the Conservancy to capital acquisition project account Roddy Home Ranch/Deer Valley Regional Park Acquisition (CIP 247400), to fund portions of the remaining purchase price as shown on the attached Budget Change Form, and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
Moved by Director , seconded by Director , and adopted this 5th day of September, 2017 by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
146 ACQUISITION EVALUATION
Deer Valley Regional Park Roddy Home Ranch Property 40± acres APNs: 007-010-025, 007-010-027 (Contra Costa County)
Site Description:
The Roddy Home Ranch (the Home Ranch) property consists of two parcels totaling 40± acres located in Eastern Contra Costa County south of the City of Antioch and west of the City of Brentwood. The property is surrounded by Deer Valley Regional Park (Regional Park) and is the home ranch of the Roddy Ranch property, which was acquired by the District in 2014. The property is bordered by Chadbourne Road to the north.
The two Roddy Home Ranch parcels are located at 5461 and 5601 Chadbourne Road, Brentwood. Chadbourne Road is a two-lane public road maintained by Contra Costa County. The Home Ranch is accessed via a gravel driveway off Chadbourne Road. Much of the Home Ranch’s property consists of grassland. Residential and agricultural structures on the property include: a one-story residence, horse barn, equipment barn, covered arena, bunkhouse, horse shelters, open arena, miscellaneous paddocks, pastures, livestock pens, gravel driveway, parking area and landscaping.
The Home Ranch is served by electrical and telephone service. A 30-panel solar array is located on the roof of the covered arena. A well and 6,000-gallon reservoir provide potable water to the Home Ranch and a back-up well is located near the primary well. A 2-inch metered water line extending south from the adjacent Roddy Ranch Golf Course property serves the property for agricultural and irrigated uses. A septic tank and leach field system service the main residence and bunkhouse.
The property is surrounded by Deer Valley Regional Park. The Regional Park is currently under landbank status and not open to the public. The Roddy Home Ranch acquisition will contribute towards filling one the four inholdings found in the Regional Park in order to create a contiguous area of protected lands. In addition, the facilities located on the Home Ranch property provide a unique opportunity to create a destination area within the Regional Park where equestrian events could be held in the arena, school groups could learn about California ranching culture and recreational trail users could connect to a future trail system.
Recent acquisitions by the District in the area include the 960-acre Dainty Ranch property acquired in July 2014, the 220-acre Fox Ridge Manor property acquired in 2009, the adjacent 21- acre Fan property acquired in 2011 and the 1,885-acre Roddy Ranch property acquired in July 2014. The Dainty Ranch property is located adjacent to the southwest corner of Roddy Ranch. The Fox Ridge and Fan properties are located to the south of the Roddy Ranch property along Briones Valley Road. Contra Costa County Water District has acquired adjacent properties that connect these recent District purchases as part of their habitat mitigation efforts related to the
147 expansion of the Los Vaqueros Reservoir. Additional properties across Deer Valley Road, adjacent to the Marsh Creek State Park property, have also been acquired by Contra Costa County Water District.
The Roddy Home Ranch property was included within the East Contra Costa County Habitat Conservation Plan area and is identified as a high priority conservation area. The unincorporated property, within the jurisdiction of Contra Costa County, has a General Plan designation of AL- Agricultural Land and a zoning designation of A-20, General Agricultural District. The property is located outside the Antioch and Brentwood Urban Limit Line boundaries.
Natural and Cultural Resources:
The Roddy Home Ranch property encompasses an important open space corridor for wildlife movement connecting protected lands to the northwest at Black Diamond Mines Regional Preserve to the protected lands in southeast Contra Costa County such as the Marsh Creek State Park, Round Valley Regional Preserve, and Los Vaqueros Watershed lands.
As part of past development proposals, a substantial amount of natural and cultural resource surveys have been conducted on the surrounding Roddy Ranch property. Special status species observed on the property include California tiger salamander, California red-legged frog, San Joaquin pocket mouse, American badger, burrowing owl, and California fairy shrimp. The property also provides habitat for a number of other special status species that have known occurrences in the surrounding area including San Joaquin kit fox, Alameda whipsnake, Swainson’s hawk, golden eagles, northern harrier, and a number of species of bats. Purchasing the Home Ranch property will further protect these species and existing wildlife corridors from additional development.
Much of the property’s vegetation consists of non-native annual grassland with some ornamental landscaping and trees. A short segment of Deer Creek, an intermittent stream, traverses the northwest corner of the property. The majority of the structures and improvements are found on the northern half of the property, where the topography is relatively level. The southern portion of the Home Ranch consists of relatively undisturbed annual grasslands and rolling hills. The grasslands are currently used for grazing cattle and horses.
The grasslands and intermittent stream provide significant opportunities for habitat restoration.
The structures found on the property were built approximately 25-35 years ago and are not considered historically significant.
No significant prehistoric archaeological resources, areas of Native American concern, or Hispanic-era resources are known to be present on the property. Additional cultural resource studies will be conducted during the land use planning process.
148 Planning Issues:
Master Plan: This acquisition will be an addition to the Deer Valley Regional Park and is therefore consistent with the Master Plan 2013 Regional Parkland and Trail map as amended in July 2013.
Land Use Planning: This acquisition will become an addition to Deer Valley Regional Park. No Land Use Plan has been completed for the Regional Park. The Roddy Home Ranch property will need to be included in any future Land Use Plan prior to being taken off the land bank list.
CEQA Compliance: This acquisition is exempt from CEQA requirements under both Sections 15316, and 15325 of the State CEQA Guidelines, the transfer of ownership of the land to preserve open space; and Section 15304, minor alterations of land with respect to grazing activities.
Public Safety:
Police: This property will cumulatively increase demands on District police services. The Roddy Ranch parcel is an inholding of Deer Valley Regional Park, which is currently land banked. The only public access to the property is from Chadbourne Rd. off Deer Valley Rd. At the end of Chadbourne Rd., a fire trail continues into Black Diamond Mines Regional Preserve.
The ranch property consists of one main ranch style, single story home. The surrounding area consists of four additional structures, including: horse barn, hay barn with attached workshop, open riding arena, and single bedroom outbuilding. The 40-acre parcel is surrounded by standard barbwire fencing. The developed portion of the property has several areas enclosed by aluminum rail fencing. The only entrance to the developed property is a driveway off Chadbourne Rd., controlled by a wrought-iron gate which is currently left unsecured.
The Roddy family has signed a lease-back agreement with the District to continue inhabiting the property for the next five to ten years. As soon as the District obtains the land, the District Police Department will be responsible for providing public safety services to the property.
The property will need to be patrolled by air as part of regular patrols conducted in the Black Diamond Mines, Round Valley, and Vasco area, with officers conducting periodic patrol checks. The adjacent Roddy Ranch Golf Course, currently not in operation, has seen an increase in copper thefts. The golf course property is an adjacent inholding within the Deer Valley Regional Park and is located near the Roddy Home Ranch property.
Police Recommendations: Boundary signs should be erected so the property will be clearly identifiable for jurisdictional purposes. District gates and locks should be installed to prevent vehicular trespassing and vandalism. Ordinance 38 signage should be posted on Chadbourne Road access for education and enforcement purposes. The alarm system on the Roddy residence should have its wiring updated and the Police Department should be added as the primary responsible agency.
149 A game camera should be considered at the entrance to the ranch. Future land use planning and facility development will evaluate potential public safety impacts necessary to assess staffing impacts.
Fire: The Roddy Home Ranch property is rated by the State of California as a High Fire Hazard Severity Level and classified as State Responsibility Area (SRA) for fire protection; it is within the State’s Direct Protection Area (CAL FIRE 2007). The other properties in the planning area are also classified as a High Fire Hazard Severity Level but classified as Local Responsibility Area (LRA), under the jurisdiction of East Contra Costa County Fire Protection District (ECCCFPD), which provides fire and emergency services within the City of Brentwood and unincorporated surrounding areas.
In the event of a large wildland fire, additional fire resources would be available from the California Department of Forestry and Fire Protection’s (CAL FIRE) Station 16, known as the Sunshine Station, located on Marsh Creek Road near the City of Clayton. Mutual aid by the Contra Costa Fire Protection District could also be dispatched. Depending on the magnitude of the fire, CAL FIRE crews, dozers, air resources, supervisory overhead and additional engines could also be dispatched. District engines, watertender and helicopter resources when available, as well as overhead personnel, would respond. Response time of the District’s helicopter is estimated at 40 minutes and longer for ground resources. The District ground resources would likely be dispatched from the closest staffed station, Station 1 (staffed), in Tilden Regional Park; Station 8 in Contra Loma Regional Park is nearby but not staffed.
The property is moderately grazed but has been subject to a history of wind driven fires within the Briones and Chadbourne area, which typically results in the use of multiple resources to perform structure protection, animal and life safety for ranch and farmland assets. The property is located within the State's "High" Fire Hazard Severity Zone. It is likely that a wildland fire would be fast moving and of high intensity and cause substantial damage to the natural resources and infrastructure improvements.
Hazardous materials response and fire prevention is the responsibility of EBRPD. District records document that over a recent three-year period, Black Diamond Regional Park had (6) six hazardous materials incidents. This average of more than one per year is a Moderate occurrence, compared with other District parks. One could expect a similar level of occurrence in this new addition.
In a recent three-year period from District records and ECCFPD records indicate, there were (22) twenty-two medical incidents in Briones/Round Valley area. This is a moderate level of occurrence when compared with other District parks, and could characterize medical response activity in the new parcel as well. However, considering that medical emergencies within this area have extended estimated time of arrival (ETA) due to local jurisdiction priorities the parks remoteness and geographical features, greatly increase the “golden hour” of time, which is from the time a patient is traumatically injured until they receive definitive care.
150 This acquisition does contribute to the acreage of the District. However, due to its size it will not substantively increase demands on District fire services. The following recommendations are important to improve fire protection and resource protection in the Deer Valley area.
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. Continue to strengthen mutual aid relationships with Contra Costa County, neighboring fire departments and protection districts, as well as with the State of California's CAL FIRE to ensure adequate emergency response times. Integrate wildland/urban interface fire considerations in land management planning as well as development project plans. Ensure an adequate level of fire and visitor safety protection capability is provided, commensurate with the increasing land base and wildland-urban interface requiring protection. Maintain strategic existing ranch roads to provide emergency vehicle access and emergency evacuation routes for park visitors. Support the local fire protection jurisdiction in their enforcement of hazard mitigation and annual defensible space clearances in compliance with State PRC 4291. Work cooperatively with local property owners and authorities to maintain roads that provide emergency vehicle ingress and egress, as well as evacuation routes for park users. Cooperate with county and state fire agencies to ensure neighbors and the visiting public are aware of the risks, hazards, responsibilities and defensible space requirements to minimize fire losses in the wildland-urban interface.
Acquisition Criteria: This property: Implements the adopted Park District Master Plan. Presents an acquisition opportunity. Helps complete existing parks and protects wildlife corridors and the visual integrity in an existing park. Helps maintain an equitable parkland distribution of facilities and programs throughout the District. Integrates lands acquired in partnership with the East Contra Costa County Habitat Conservancy into the regular park system. Qualifies for state and federal grants and funds from other sources.
Recommendation for Land Bank Status: Yes X No ___
The property 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 for Deer Valley Regional Park is approved.
Site Cost Estimate: Acquisition Estimate: $1,536,000
151 Safety and Security Estimate: $ 6,000 Security System Upgrade $ 5,000 Signage and Locks $ 1,000
Maintenance and Operational Estimate (annual): $ 3,731 1 Total Five-Year Projection: $ 18,655
1 Estimate is based upon the annual Land Base Operating Cost Methodology.
8/31/2017 N. Lavalle
152 East Bay Vicinity Regional Park District DEER VALLEY Property: Roddy Home Ranch Parcel (40 Acres) REGIONAL PARK 0 2,000 4,000 Feet 1 inch [
BLACK DIAMOND MINES
CLAYTON RANCH 153 DEER VALLEY
CCWD
Roddy Home Ranch Parcel 40 acres CCWD
MARSH CREEK STATE PARK O:\GIS\MPeterson\Projects_2016\ASD\Land\BoardMaps\DE_RoddyHomeRanch\DE_RoddyHomeRanch_vicinity.mxd 12/5/2016 Date: Page Left Blank Intentionally
154 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund Between Funds X From New Revenues X Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Project- Account Name: Expense: Capital-Land- Land Acquisition-District Wide-Land & Deer Valley- Roddy Home Ranch Trails-Designated Acquisitions Property-Land-Measure WW Bond Funds, Deer Valley Allocation Area- Purchase Price Account: 333-7330-000-7010/ Account: 333-7330-119-7010 / 247400 229900WW00-100 $ 214,650 WP19-101 $208,650 Account Name: Expense: Capital-Land- Deer Valley- Hanson Property-ECCC Habitat Conservancy State Funds- Purchase Price
Account: 333-7330-119-7010 / 247400 LHCP-101 $307,200 Account Name: Expense: Capital-Land- Deer Valley- Hanson Property-ECCC Habitat Conservancy Federal Funds- Purchase Price
Account: 333-7330-119-7010 / 247400 LHCF 101 $691,200 Account Name: Expense: Capital-Land- Deer Valley- Roddy Home Ranch Property-Land-Measure WW Bond Funds, Deer Valley Allocation Area- Safety & Security Account: 333-7330-119-7010 / 247401 WP19-500 $6,000 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on September 5, 2017, the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $214,650 Measure WW Bond funds from the Deer Valley Acquisition Allocation Area to augment the existing $379,200 budget and the board action also appropriates $307,200 in state East Contra Costa Habitat Conservancy funds, and $691,200 in federal East Contra Costa County Habitat Conservancy funds to be used toward the purchase of the Roddy Home Rancy acquisition and administrative costs. As approved at the Board of Directors Meeting on: Date: 9/5/2017
T:\BOARDCLK\BOARD MATERIAL\2017\14 - September 5, 2017\S DRIVE\C-2-b ASD 247400 Roddy Home Ranch Purchase.xlsx 155 Page Left Blank Intentionally
156 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
2. ACQUISITION, STEWARDSHIP & DEVLOEPMENT DIVISION
c. Authorization to Transfer and Appropriate Funds and Award a Contract to E.E. Gilbert Construction, Inc. for the Rehabilitation of the Boat Launch Facility: Contra Loma Regional Park (Bates/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors:
1. Authorize the transfer and appropriation of $350,000 from the Major Infrastructure Renovation and Replacement Fund to the Rehab Boat Launch Facility Project (#520300); and
2. Authorize the award of a contract in the amount of $859,190 to E.E. Gilbert Construction, Inc. of Martinez, California, the responsive responsible bidder, for the rehabilitation of the boat launch facility at Contra Loma Regional Park.
REVENUE/COST
SOURCE OF FUNDS Rehab Boat Launch Facility Project (#520300) $ 1,018,000 Encumbrances and Expenditures to Date (230,544) Transfer and Appropriation from Major Infrastructure Renovation & Replacement Fund 350,000 TOTAL AVAILABLE BALANCE $ 1,137,456
USE OF FUNDS Construction Contract $ 859,190 Other Project Costs 278,266 REMAINING BALANCE $ 0
BACKGROUND
The boat launch facility in Contra Loma Regional Park was constructed in the 1970’s by the
157 Bureau of Reclamation (BOR). It consists of a boat launch ramp, boating dock, fishing pier, and a staging area containing parking, toilets, and a fish-cleaning station. Currently, the District has an agreement with BOR to operate and maintain the boat launch facility.
The approach to the existing boat launch ramp is cracked and worn where water drains off boats. If left alone, continued degradation may soon result in severe potholes and potential vehicle damage for users. The restrooms are old, chemical toilets. The parking area is gravel without clearly defined parking spaces and the facility does not meet accessibility standards. The fish- cleaning station is poorly located nearby picnic tables.
The subject contract’s base bid scope rehabilitates the boat launch ramp and staging area. Concrete would replace the top of the boat launch ramp. The gravel parking lot would be graded, paved, and striped for vehicular and trailer parking. Two, two-unit vault-type restrooms would replace the existing chemical toilets. The fish-cleaning station would be replaced and relocated to the south of the staging area. The boat launch facility would comply with accessibility requirements. The subject contract also includes an additive bid item (Additive Bid #1) to install a temporary transition plate at the existing boat dock until the boat dock and fishing pier are replaced.
The State Department of Boating and Waterways and BOR have provided grant funding in support of these improvements, which will include a sign installed on-site to acknowledge these donors.
A formal Notice to Bidders for this project was published on Monday, July 5, 2017, in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builders’ exchanges and on the District’s online planroom. The bid opening date was Monday, August 7, 2017, and one (1) bid was received in the amount of $859,190 from E.E. Gilbert Construction, Inc. This bid is below the engineer’s estimate of $948,000.
ALTERNATIVES
No alternatives are recommended.
158 EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2017 – 09 –
September 5, 2017
AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS AND AWARD A CONTRACT TO E.E. GILBERT CONSTRUCTION, INC. FOR THE REHABILITATION OF THE BOAT LAUNCH FACILITY: CONTRA LOMA REGIONAL PARK
WHEREAS, the boat launch facility in Contra Loma Regional Park was constructed in the 1970’s by the Bureau of Reclamation, and consists of a boat launch ramp, boating dock, fishing pier, and a staging area containing parking, toilets, and a fish-cleaning station; and
WHEREAS, the East Bay Regional Park District (District) desires to rehabilitate the boat launch facility, including the boat launch ramp and staging area (the boating dock and fishing pier would be replaced in the future); and
WHEREAS, the District advertised for bids for the rehabilitation of the boat launch facility at Contra Loma Regional Park on July 5, 2017; and
WHEREAS, E.E. Gilbert Construction, Inc. of Martinez, California, was the only responsive and responsible bidder; and
WHEREAS, the State Department of Boating and Waterways and the Bureau of Reclamation have provided grant funding in support of these improvements, which has been previously allocated to the Rehab Boat Launch Facility Project (#520300); and
WHEREAS, additional funds are available for transfer and appropriation from the Major Infrastructure Renovation & Replacement Fund;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of $350,000 from the Major Infrastructure Renovation and Replacement Fund into the Rehab Boat Launch Facility Project (#520300), as shown on the Budget Change form attached hereto; and
BE IT FURTHER RESOLVED that the Board of Directors of the East Bay Regional Park District hereby awards a contract to E.E. Gilbert Construction, Inc. in the amount of $859,190 for the rehabilitation of the boat launch facility at Contra Loma Regional Park; 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.
159
Moved by Director , seconded by Director , and adopted this 5th day of September, 2017, by the following vote:
FOR:
AGAINST: ABSTAIN: ABSENT:
160 BOAT LAUNCH IMPROVEMENTS Contra Loma Regional Park Acquisition, Stewardship and Antioch, Contra Costa County, CA Feet Development Division [ 0 100 200 300 400 August 11, 2017
L a n Delta DeAnza Trail i t o s C t
R e s e d d a
a o
Silverado Dr R W a y e c i S v i r lv e e S r C r e e k ir Glendale Cir C d a o R e c i v r e est Shore Trail S W
l ai Tr ge id R
CONTRA LOMA
E S
a REGIONAL PARK w
s
a t
l
e S
h
T
o
r
a
r
e
i
l S T e r
a C r o v i i l n t c ra e Lo Ro W ma ad e Bl BOAT LAUNCH vd l st i S a ho FACILITY r r T e T Swale ra il R
i d g P e re ic ho n T S i r c l a th A Trai i u r l re l l e i ho ai o a S Tr S a r t
e s d T T g a a
r E d o d a
i n
i R R l la Is e c a i v om r l L e i S a Rid r ge T T rail w ie
V Fredrickson Lane ke Con Blvd a Loma L Contra tra e nc Lo ra m nt a Main E
LOCATION MAP
d CONTRA COSTA v
COUNTY l
S B
e
r
v ma i
c o
e L
R a r
o t
a n
ALAMEDA d o COUNTY
Lake View Trail C
161 O:\GIS\CMcKaskey\Projects_2017\ASD\Design\CL_BoatLaunch\CL_BoatLaunch.mxd 8/11/2017 Page Left Blank Intentionally
162 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM
NEW APPROPRIATIONS BUDGET TRANSFERS Appropriate from General Fund X Between Funds From New Revenues Between Projects
DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: OTA Fund- Project Management-Contra Loma- Construction-Rehab Boat Launch Facility- Design/Proj Admin
Account: 336-7140-260-6191 / 520300 MIRR - 003 $10,390 Account Name: Expense: OTA Fund- Project Management-Contra Loma- Construction-Rehab Boat Launch Facility- Design/Proj Mgmt
Account: 336-7140-260-6191 / 520300 MIRR - 004 $3,480 Account Name: Expense: OTA Fund- Project Management-Contra Loma- Construction-Rehab Boat Launch Facility- Consultants
Account: 336-7140-260-6191 / 520300 MIRR - 005 $157,880 Account Name: Expense: OTA Fund- Project Management-Contra Loma- Construction-Rehab Boat Launch Facility- Contract Admin
Account: 336-7140-260-6191 / 520300 MIRR - 008 $56,140 Account Name: Expense: OTA Fund- Project Management-Contra Loma- Construction-Rehab Boat Launch Facility- Contract
Account: 336-7140-260-6191 / 520300 MIRR - 009 $122,110 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Other Unrestricted Net Assets-Non Than Asset Fund-Non Departmental- Departmental-District Wide-Transfer Out District Wide-Transfer In
Account: 553-9110-000-9980 $ 350,000 Account: 336-9110-000-3980 $ 350,000 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on September 5, 2017, the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $350,000 Major Infrastructure Renovation and Replacement funding to the project to rehabilitate the boat launch at Contra Loma. This funding augments the existing budget of $1,018,000. As approved at the Board of Directors Meeting on: Date: 9/5/2017
T:\BOARDCLK\BOARD MATERIAL\2017\14 - September 5, 2017\S DRIVE\C-2-c ASD - 520300 Rehab Boat Launch Contra Loma.xlsx 163 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
3. BOARD AND STAFF REPORTS
a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle)
Contra Costa County – Brentwood Agricultural Land Trust Conservation Easement
On August 15, 2017, the Contra Costa County Board of Supervisors unanimously approved the Brentwood Agricultural Land Trust’s agricultural conservation easement application to receive funding from the Sustainable Agricultural Lands Conservation Program. The application was for the Brentwood Agricultural Land Trust to receive grant funding to acquire an agricultural conservation easement on the 520.7-acre northern portion of the 1,122-acre property owned by the Cecchini family located at 17000 State Route 4. The property has been designated as Prime Farmland and Farmland of Statewide Importance. As the property is located inside Contra Costa County’s Urban Limit Line, the property could potentially be converted to urban uses. Development of up to 6,000 residential units was previously planned for the property in 2006 and withdrawn in 2010. Placing the property under an agricultural conservation easement will protect the property from nonagricultural use in the foreseeable future. The property is located south of the future Delta Access Regional Park and a planned alignment of the Marsh Creek Trail to Discovery Bay Regional Trail.
Alameda County – Fairview Municipal Advisory Council
On July 11, 2017, the Alameda County Board of Supervisors unanimously voted to establish a Fairview Municipal Advisory Council (MAC). The hillside community of Fairview is located between Castro Valley and Hayward and consists of just over ten thousand residents. Fairview residents have been meeting with Supervisor Nate Miley to explore the viability of creating a Fairview MAC to enhance local governance for their area, which faces circumstances that are substantially different from those of their neighbors. The Fairview MAC will consist of a council of five community members that will meet up to twice a month to advise the Alameda County Board of Supervisors on matters concerning public safety, welfare, public works, and planning. The East Bay Regional Park District’s Don Castro Recreation Area and portions of the Bay Area Ridge Trail will be under the Fairview MAC’s jurisdiction.
164 Page Left Blank Intentionally
165 Event Calendar September - October 2017 Board Meeting Date: Sept. 5, 2017
Date Day Time Event Location Sponsoring Organization Saturday, EBRPD & Ardenwood Sept. 2-3-4 Sunday, Monday 10 a.m. – 4 p.m. Historic Rail Fair Ardenwood Rail Museum
September 9 Saturday 12 – 4 p.m. Garin Apple Festival Garin EBRPD
166 September 16 Saturday 8 a.m. – 12 p.m. Coastal Cleanup Day 8 locations EBRPD Assemblymember Bill Assemblymember October 7 Saturday 10 a.m. – 2 p.m. Quirk Walk & Talk Coyote Hills Bill Quirk & EBRPD Old-Time Cowboy October 21 Saturday 11 a.m. – 4 p.m. Hootenanny Sunol EBRPD Multicultural Wellness October 28 Saturday 9 a.m. – 12:30 p.m. Walk Contra Loma EBRPD GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
4. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION Assistant Finance Officers Deborah Spaulding and Michelle Strawson O’Hara will provide a 2017 Finance Department Update related to Finance staff, recent projects, and innovations in process.
GM COMMENTS From July 1, 2017 to August 15, 2017 the Public Safety Division handled 1,978 calls for service and 3,178 total incidents. Highlights are included below.
Police There were 44 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 handled 73 field interviews (contacts without citations or arrests) and contacted 2 people on probation or parole to conduct compliance checks.
• Briones: On August 6, an arrest was made for assault with a deadly weapon.
On August 14, an officer located a missing person who had been reported missing the day before after not returning home from a hike. The officer requested an ambulance for further treatment of the individual.
• Crown Beach: On August 4, an arrest was made for battery on a peace officer, resisting a peace officer, and a curfew violation.
On August 7, an officer responded to the report of reckless driving on the lawn. With the help of descriptions from park staff, the suspect was located and charges filed.
• Garin: On July 28, officers and medical personnel responded to a death report, which is being investigated as a suicide.
• Martin Luther King Jr. Shoreline: On August 6, an officer arrested a male for possession of a stolen vehicle, burglary tools, drug paraphernalia, and probation violation.
167 • Martinez Shoreline: On August 14, officers and medical personnel responded to the report of an unresponsive female who was pronounced deceased. An investigation is underway.
• Mission Peak: On July 4, an officer took a report of a dog bite. The victim did not require medical attention.
On July 29, officers and medical personnel responded to an unresponsive male. He was taken to the hospital and pronounced deceased.
• Out of Park on Vargas Road: On July 1, officers found intentional damage to a District electronic message board in which wires were cut.
• Roberts: On August 15, officers, lifeguards, and fire personnel responded to a bicycle accident. The victim was transported by helicopter to the hospital for further treatment of his injuries.
Fire Operations • Agency Assist: On July 2, firefighters responded to a vegetation fire near Martin Luther King Jr. Shoreline, which was determined not to be on District property. Water Tender 5691 assisted the Oakland Fire Department with containment.
On July 7, firefighters responded to a request from CAL-FIRE to assist with extensive mop-up of a large hay fire on Deer Valley Road in Antioch. This request was part of an In-County mutual aid response.
On July 9, firefighters responded to a request from CAL-FIRE to assist with the Willow incident, fulfilling the District’s obligation to the CAL-FIRE State Responsibility Area (SRA) agreement and providing critical structure protection to the community of Pinole.
• Grizzly Peak Boulevard: On July 5, firefighters responded to a vegetation fire on U.C. Berkeley property as part of the Mutual Response Agreement (MRA). Oakland Fire, Berkeley Fire, and CAL-FIRE also responded, containing a small 10 x 10 spot fire.
On July 26, firefighters, as part of the MRA/SRA agreement, responded to and contained a vegetation fire on U.C. Berkeley property which was determined to be a small campfire across from Grizzly Peak Boulevard.
On August 2, firefighters responded as part of MRA/SRA to a report of a vegetation fire off Grizzly Peak Boulevard, which was a fast moving, four-acre vegetation fire on U.C. Berkeley property that quickly jumped Grizzly Road and progressed onto District and East Bay Municipal Utility District property. Unified Command was established between Oakland Fire, EBRPD Fire and CAL-FIRE, with over 100 fire suppression resources. Evacuations were conducted on South Park Drive and at park day camps near the Regional
168 Parks Botanical Garden. The fire was stopped at 20 acres and contained eight hours after ignition. Firefighters continued to patrol and mop-up hot spots over a three-day period.
• Out of County: On July 8, Alameda County Regional Emergency Communications Center requested a division group supervisor on the Wall Fire Incident. One District single resource was sent as part of the California State Office of Emergency Services (OES) system.
Mutual Aid • From July 7 through July 17, at the request of CAL-FIRE, the District provided 24-hour staffing of a Type 3 engine and a water tender.
• On July 9, OES 348 responded to the Alamo Fire, located in San Luis Obispo County. The assignment ended on July 12.
• On July 13, OES 348 responded to the Whittier Fire, located in Santa Barbara County. The assignment ended on July 17.
• On July 17, OES 348, responded to the Detwiler Fire, located in Mariposa County. The assignment ended on July 22.
• On July 19, the District provided a single resource division/group supervisor for the Detwiler Fire, located in Mariposa County. The assignment ended on July 22.
Fire Weather Staffing • Fire staff remained on duty until 9:00 p.m. on six occasions during the month of August to provide coverage for very high or extreme fire weather conditions within the District.
Medical • District firefighters responded to 15 medical emergencies and two unattended deaths throughout the District. Firefighters also assisted at the scene of two vehicle accidents not on District property.
Fire Fuels Management • District-wide: During the months of July and August, staff utilized goat grazing services as a fire management tool at Redwood, Wildcat Canyon, and Miller Knox.
Also during the months of July and August, Civicorps hand crews assisted firefighters in managing grassland fuel loading as an on-going fuel break maintenance project located at Claremont Canyon and Leona Canyon.
• East Bay Hills: Contractors continued the annual eucalyptus regeneration control project in Sibley and Tilden fuel break areas.
169 • Tilden: During the months of July and August, District fire crews continued fuel reduction work along Wildcat Canyon Road.
On July 10, the CAL-FIRE Delta crew worked in Recommended Treatment Area (RTA) T1004 removing several large eucalyptus trees that had fallen over creating a fire hazard.
Lifeguard Service • On July 15, Lifeguard Service hired an Aquatic Assistant.
• On July 19, Lifeguard Service hosted the United States Lifesaving Association Pacific Northwest Regional Championships at Shadow Cliffs. The District competed against Sonoma County Regional Parks and placed first. Forty-seven regional parks lifeguards and nine junior lifeguard cadets competed.
• On July 20, Lifeguards Jack Davis and Adam Fishbaugh, while off duty, responded and rescued two individuals in the water at the Martin Luther King Jr. Shoreline estuary.
• On August 6, Lifeguard Service competed in the Bay Area Public Pool Operators Association Lifeguard Games in Livermore and finished fourth out of 25 teams.
• From August 9 through August 11, Lifeguard Service partnered with the Oakland Police Activity League to provide swim lessons to 39 juveniles at Roberts pool.
• On August 12, the Lifeguard Service Junior Cadet program ended for the 2017 season. Forty-two cadets participated in the program.
• From August 10 through August 13, eight lifeguards competed in the United States Lifesaving Association National Championships in Daytona Beach, Florida. There were over 1000 competitors in the competition.
170 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETINGS BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
a. Board Legislative Committee (6.16.17) (Corbett)
Present
Board: Ellen Corbett, Dennis Waespi, Beverly Lane
Staff: Robert Doyle, Ana Alvarez, Erich Pfuehler, Xiaoning Huang, Rachel Sater, Mimi Waluch, Debra Auker, Bob Nisbet
Consultants: none
Public: Rick Rickard
This meeting was called to order at 12:37 pm.
I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION 1. AJR 15 (Aguiar-Curry D-Winters) – Protecting California’s National Monuments Government Affairs Manager Erich Pfuehler shared this state resolution supports National Monuments designated in California. As the President has issued an Executive Order to review all National Monuments, this resolution expresses the sense of the legislature that National Monuments in California are to remain protected. The resolution was submitted on the anniversary of the Antiquities Act, stating that California is opposed to rescinding National Monument designation.
The Board Legislative Committee voted unanimously to SUPPORT.
B. ISSUES 1. Park Bond Update General Manager Robert E. Doyle announced SB 5 and AB 18 are being discussed among the legislative leadership. The process to reconcile the bills is moving forward. It is likely SB 5 will be the vehicle and the Park District will advocate for parts of AB 18 to be integrated. In SB 5, per capita and State Park funding has increased. Stakeholder groups have begun meeting regarding a citizen initiative. Assembly Member Eduardo Garcia, author of AB 18, has been present for two of these meetings. The citizen initiative could put pressure on the Governor and could be as high as $7 billion. Assembly Member Garcia supports increasing per capita funding in the initiative process, if that’s the direction the park bond takes. Park District staff met with Mike Mantell, Joe Caves and others who represent and support the initiative. The initiative supporters cited polling which led them to the conclusion “water”
171 needs to be emphasized. The Park District will continue to push for more park funding. Other park agencies have not been at the initiative table. Doyle noted there is still an unspent $3 billion water bond, which raises the question about whether it is the polling or funders pushing the water issue. Pfuehler added the Sacramento meetings also made it clear some of the funders understand the need for urban and disadvantaged communities to receive funding. Pfuehler shared an extension of cap-and- trade was not included in the budget. The Governor has floated the idea of an initiative to extend cap- and-trade. This may be an opportunity to blend some park bond elements into an extension. All measures have $800 million proposed for underserved / park poor communities. These are defined as high density, low income, park poor areas. The way the formula is applied the Bay Area does not compete well. President Beverly Lane commented at Assembly Member Catharine Baker’s Environmental Committee this morning, the State Park Bond was discussed. She shared Deb Callahan, Bay Area Open Space Council (BAOSC) Executive Director, noted her priorities for the bond are per capita and the San Francisco Bay Program of the Coastal Conservancy. Assembly Member Baker spoke about the need to fund agencies which manage state parks, such as the Park District. She also added the Bay Area Caucus discussion focused mainly on Regional Measure 3 and cap-and-trade, and not the park bond. Deb Callahan requested the park bond be added to the next caucus meeting agenda. Director Ellen Corbett asked when the Sacramento meetings took place. Pfuehler responded last Wednesday, June 7th, 2017. Corbett asked if the bills are in conference. Doyle shared Advocate Doug Houston informed him the Speaker and Pro Tempore met and agreed on a path forward to reconcile the two bonds. Corbett asked if the Park District should present to the Bay Area Caucus. Doyle responded in affirmation and shared he recently met with Phil Ting to make such a request. Corbett asked if San Francisco is impacted similar to the East Bay with regard to park poor communities. Doyle stated San Francisco probably does a little better.
2. Other Issues President Lane shared Deb Callahan, BAOSC, sent a letter with regard to Regional Measure 3 to the Bay Area Toll Authority (BATA). She asked if the Park District has seen this letter. Pfuehler has only seen a bike stakeholder letter, but will request to see BAOSC’s. Doyle said BATA has requested District input directly. At this time, Senator Nancy Skinner and Assembly Member Rob Bonta are advocating for an East Bay focused expenditure plan based off toll statistics. Regional Measure 2 was a blend of projects from legislators and the Metropolitan Transportation Commission (MTC).
II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION – N/A
B. ISSUES 1. Other Issues Pfuehler reported the President has proposed cutting the National Park Service budget by 11%. This includes an 85% cut in land acquisition and the laying off of 1,242 employees. Infrastructure conversations last week were focused less on money and more on permitting. It was noted Representative Barbra Lee is on the subcommittee for military appropriations and is interested in an Alameda park for veterans.
III. MEASURE CC UPDATE Doyle shared Board Members recently met for an update about Measure CC. Pfuehler provided a presentation about Measure CC’s history and current status. Corbett asked about the process for modifying a Measure CC project, if deemed infeasible. Assistant General Manager / CFO, Finance and Management Services Debra Auker shared annually the Measure CC expenditure plan goes to the Finance Committee and Park Advisory Committee (PAC). Over the last two to three years modifications to project descriptions have been discussed and approved. Pfuehler shared for extension of Measure CC there is interest in creating a Project Advisory Working Group which could consist of
172
twelve Stakeholders. These stakeholders would provide insight from an external perspective about potential projects and commitments to be included in the extension.
IV. RESOLUTION RELATING TO THE PARIS CLIMATE ACCORD Pfuehler spoke about the draft resolution. The District’s vision includes an environmental ethic and the 2013 Master Plan integrates plans for a changing climate. In the last year, under Deputy General Manager Dr. Ana M. Alvarez, the Park District has adopted a policy framework for looking at resiliency, green infrastructure benefits and climate in all policies. As a national leader, the District has had opportunities to present these efforts across the country. A study last year to assess carbon sequestration, found District lands sequester over 300,000 tonnes of CO2 annually. The Shadow Cliffs solar array makes the District net neutral for energy. A number of climate mitigation projects are in the pipeline. There are future plans for a fuel efficient fleet and water reduction across the District. Corbett expressed wholehearted appreciation for this action and asked for sea level rise to be added to the resolution. She also requested the District pursue press opportunities once the resolution is adopted.
The Board Legislative Committee voted unanimously to SUPPORT.
V. ARTICLES
VI. OPEN FORUM PUBLIC COMMENT
VII. BOARD COMMENTS
Director Dennis Waespi shared he attended an interesting meeting with Assembly Member Catharine Baker this morning. President Lane noted her attendance at Assembly Member Catharine Baker’s Walk and Talk in Walnut Creek, in cooperation with Save Mt. Diablo. Director Corbett attended a Mayors Conference on Wednesday evening at which she spoke to many mayors about the importance of Measure CC and its renewal.
This meeting adjourned at 3:53 pm.
Respectfully Submitted:
Lisa Baldinger Legislative Assistant
173 Page Left Blank Intentionally
174 AGENDA REGULAR MEETING BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
b. Operations (Thursday, July 20, 2017) (Waespi) Present
Board: Directors Dennis Waespi (Chair), Ellen Corbett, Dee Rosario
Staff: Jim O’Connor, Anne Kassebaum, Mimi Waluch, Ruby Tumber, Dr. Ana M. Alvarez, Steve Castile, Noah Dort, Katy Hornbeck, Denise Valentine, Chris Lyall, Terry Noonan
Guests: Kelly Abreu
Agenda Item 1: Update: Tilden Park Merry Go Round Concession
Administrative Analyst Noah Dort provided an update on the Tilden Merry-Go-Round through a PowerPoint presentation. Items in the presentation included a historical review from 1948 to present, restoration work completed, gross receipts, ticket costs, concession oversight, Yelp ratings, preservation and improvements, and the guardrail proposal. Director Corbett inquired on the current ADA accessibility requirements. Dort replied due to the age of the carousel, no requirements exist. Modifications will need to be made to the anchor points on the carousel to install ramps for wheelchair accessibility, which are currently being evaluated. Director Rosario inquired on the total cost of the figure restoration. Dort replied the cosmetics and painting restoration was $59,752. Rosario inquired if the animal figurines were removed or were repairs made on site. Dort replied that work was done on site. If work needed to be completed on an animal off-site, a temporary replacement animal was set in place for balance purposes of the ride. Director Waespi inquired if the concessionaires reside on the second floor of the building. Dort replied yes. Waespi inquired if any vandalism occurs. Dort replied no.
Agenda Item 2: Update: District-wide Point of Sale Project and Plan
Reservations Supervisor Katy Hornbeck and Reservations Support Technician Eri Suzuki provided an update on Point of Sale (POS) through a PowerPoint presentation. Items in the presentation included a POS overview, progress, and conversion, POS with Park Operations and Reservations, converted sites, remaining DRR sites, barriers to POS conversion, plan B conversion plan, and tentative plan B schedule.
175
Corbett inquired if we do non-cash as well as cash transactions. Hornbeck replied yes. Corbett inquired if the percentages are known of the cash transactions. Suzuki replied that many sites that previously accepted cash-only were transitioned to POS, which has allowed the use of credit cards. This move included a large percentage of growth in credit card usage. Staff reports that more public visitors are coming to sites with credit cards. Rosario inquired if funds are being set aside in the budget to fund this project. Hornbeck replied money is set aside to purchase the equipment. Assistant General Manager Jim O’Connor replied the sites last on the list are the most costly and will require future budget requests to complete. Rosario inquired if the Plan B option will be utilized for the sites that can’t transition to POS. Hornbeck replied yes. Waespi inquired if it is worth the conversion to POS for some of the sites. O’Connor replied that the current software is becoming obsolete, along with the software support, so District must move to Plan B. Waespi inquired if staff quantifies the number of visitors that get free entry through the Regional Parks Foundation membership. Hornbeck replied there is a button programmed on the POS screen to show the number of items purchased by membership. Alvarez inquired if there is any other criteria to define what the schedule will be for new sites. Hornbeck replied for this year, Tidewater was waiting for the new supervisor to be hired. Anthony Chabot is larger and will be installed after peak season. Alvarez suggested to look at frequency of use and then prioritize. Suzuki replied the difficulty with Plan B is that if there is no wireless connectivity or power, a card reader will not be available to swipe the Regional Parks Foundation membership cards. The site would remain a cash transaction site. Corbett inquired if it makes sense for the new sites to be non-cash only, as the current trend for all transactions is moving away from cash. Waluch commented that our intent is not to exclude any park visitors. Currently, credit card transactions take more time for processing than cash transactions, which in turn can cause a back-up of vehicles at the kiosk. Staff is now exploring different options.
Agenda Item 3: Vasco Hills Rainwater Catchment System Update
Park Supervisor Chris Lyall provided an update on the Vasco Hills Water Catchment System through a PowerPoint presentation. Items in the presentation included goals, design layout, tank delivery, site excavation, establishing tank pad, improvised sled, tank placement, manifold layout, catchment, exterior work completed, pump house, trenching and plumbing to the office, and estimated cost. Waespi inquired if this system supplies enough water for operation. Lyall replied a gauge was installed to monitor the usage.
Agenda Item 4: Open Forum for Public Comments
Kelly Abreu commented on the following items regarding Mission Peak: Public feedback rating provided by Yelp Drinking water signage and availability Response letter received from District Legal Department for the Stanford Staging Area project Parking citations issued on Saturday’s by Public Safety
Agenda Item 5: AGM Comments
176 Announced AGM vacation schedule and “acting” AGM’s. At the request of Director Rosario, a meeting was held with District staff and staff from Chabot Space & Science Center. Started addressing after-hours trail usage and will bring the item back to this Committee and on to the full Board. Delta Unit Manager Dan Cunning working on plans for the roll-out of the electric bicycle program. Currently working with Finance and preparing the division 2018 budget. Dumbarton Quarry - the updated Phase II and amendment of the MOU will be presented on the 25 to the full Board for consideration. District Counsel Carol Victor will be presenting. Attended a meeting in Moraga with Park Advisory Committee member Bruce Kern and Moraga Town Manager Bob Priebe to discuss the replacement Canyon Road bridge. A pedestrian and bicycle path will be included on the temporary bridge in September.
Agenda Item 6: Board Comments Alvarez announced that the U.S. Department of the Interior and the National Park Service through the Outdoor Recreation Legacy Partnership (ORLP) awarded the District $750k to assist in ongoing work for the Bay Point Wetland Restoration and Public Access projects.
Director Waespi adjourned the meeting at 2:03 p.m.
Respectfully submitted: /s/ Denise Valentine Executive Secretary
177 Page Left Blank Intentionally
178 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, September 5, 2017
C. BUSINESS BEFORE THE BOARD
6. BOARD COMMITTEE REPORTS
c. Board Legislative Committee (7.21.17) (Corbett)
Present
Board: Ellen Corbett, Dennis Waespi, Colin Coffey
Staff: Ana Alvarez, Erich Pfuehler, Xiaoning Huang, Debra Auker, Jeff Rasmussen, Tiffany Margulici, Rachel Sater
Consultants: Doug Houston, Houston Magnani & Associates (on phone)
Public: Rick Rickard, Mona Barra-Gibson, Kelly Abreu
This meeting was called to order at 12:31 pm.
I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION 1. AB 398 (Garcia D-Coachella) – Extend the cap-and-trade program Legislative Advocate Doug Houston spoke about the extension of cap-and-trade through 2030. It passed by 2/3rds in both houses. There was broad support by much of the environmental and business communities. This bill extended the program pretty much at status quo. Some provisions unrelated to the program itself were included in the overall agreement. For example, the bill suspended the State's Responsibility Area (SRA) fee, as well as a manufactures’ tax credit for certain types of activates to reduce carbon throughout the state. This bill was joined with AB 617, a bill to establish a uniform, statewide system for annual emissions of pollutants which would prevent regional air quality management districts from applying different local standards. The environmental justice community felt AB 398 was a giveaway to industry and hoped to leverage cap-and-trade to reduce source pollutants in impacted communities. The legislature also adopted a provision to ensure any expenditures from cap-and-trade auction revenues will require a 2/3rds vote beginning in 2024. Republicans pushed for this to ensure they have a say in how future cap-and-trade funds are spent. Director Dennis Waespi requested clarity on the suspension of SRA fee. Advocate Houston confirmed the suspension.
The Board Legislative Committee voted unanimously to SUPPORT.
179 2. SJR 8 (Allen D-Santa Monica) – California Nonmotorized Trails Master Plan Houston shared this legislation is to encourage the Governor to move forward with formalizing a non- motorized trail master plan at both rural and urban levels. The bill holds findings which include GHG reductions as more nonmotorized trail use increases. Money has been allocated to the State of California through the Federal Government’s Service Transportation Act, but is currently negligible in terms of available dollars.
The Board Legislative Committee voted unanimously to SUPPORT.
3. SB 3 (Beall D-San Jose) and SB 35 (Wiener D-San Francisco) – Housing Bond Funding and Permit Streamlining Houston noted the legislature has expressed a strong interest to invest in affordable housing throughout the state. There has been a commitment by the Governor and leadership upon return from the summer district work period to tackle the housing issue. In opening up the conversation about incurring new debt, the Pro Tempore and Speaker broached the topic of weaving in a park, resources and water bond into the creation of a housing bond package. Houston believes there is going to be a legislative park/water/flood vehicle which will advance upon return from summer district work period. There is conflicting information about the balance between incurring debt for housing versus parks, but he is optimistic. Director Ellen Corbett asked about opposition to modifying land use authority with regard to the housing issue, particularly from the League of Cities and other local government organizations. Houston shared the Local Agency Formation Commission (LAFCo) has repealed their opposition and the hope is for a neutral position by such organizations. Government Affairs Manager Erich Pfuehler wanted to clarify the relaxation of environmental permitting approvals only applied to in-fill housing projects. Director Corbett agreed that would be an important distinction for the District’s interests.
4. SB 649 (Hueso D-San Diego) – Wireless telecommunications facilities Houston shared this bill is working through the legislative process quickly despite opposition throughout the state. Advocates suggest this bill will help cellphone rates go down. The bill basically removes local control over the installment of telecommunications equipment by the telecom companies. The equipment can go on public right-of-ways, such as street lamps and telephone poles. It caps the amount that can be charged for leasing a location to $250. Organizations such as the League of Cities, California Park and Recreation Society (CPRS), etc. are opposed. The telecom industry is universally united in support. Staff estimates the District earns about $500,000 annually in leases with telecom companies. Director Colin Coffey asked why staff is recommending a watch position. Pfuehler shared it is unclear whether special districts would fall under this restriction because the language is so specific to cities and counties. If it doesn’t apply to the District, we may want to stay neutral since it is likely to pass. Director Corbett asked if it is possible the entities in opposition saw it moving quickly and were wanting to create opposition in the Assembly. Director Waespi wondered if the current earnings are $500,000 annually from these leases, what would the District’s revenue be if the $250 limit were in place. Houston said it would be difficult to estimate. Pfuehler agreed and shared the figure came from Business Services, but it is a good question to have staff look into. Director Coffey clarified existing leases are likely to be grandfathered. He requested the District oppose the legislation to be in alignment with cities and counties. Deputy General Manager Dr. Ana M. Alvarez added the potential loss of revenue would have an impact, but there are also unintended consequences on the environment, such as disrupted ecosystems. Director Corbett asked the downside of opposing. Houston shared the Chamber of Commerce at the state and local levels are in support.
The Board Legislative Committee voted unanimously to OPPOSE.
180
B. ISSUES 1. Park Bond Update – Legislative and Initiative Pfuehler shared since last Legislative Committee Meeting, there has been little change to the park bond. The initiative process is being led by The Nature Conservancy (TNC). They have filed a $7.5 billion bond measure. This initiative would be an acceptable vehicle for the Park District. The issue for the District is it has been 15 years since a legislative park bond has passed. With Assembly Member Eduardo Garcia as a champion, it would be beneficial to have legislative action. The District is staying part of the initiative discussion, while advocating for legislation.
2. Regional Measure 3 Update (SB 595) Pfuehler shared there has been a flurry of recent activity on Regional Measure 3 (RM 3). General Manager Robert E. Doyle, Pfuehler and Legislative Assistant Lisa Baldinger went to Sacramento prior to the hearing on RM 3. Most electeds and staff wondered why the District had an interest in bridge tolls. Staff explained the Metropolitan Transportation Commission (MTC) requested a list of paved trail projects by the District. The funding allocations have been a fairly fluid process. At one point the bicycle, pedestrian funding was down to $50 million. With continued advocacy, it was bumped up to $150 million. Director Waespi commented about a meeting he attended with Senator Bob Wieckowski and Assembly Member Bill Quirk during which the Park District shared its 10 projects. He was thanked for the conservative ask. The East Bay delegation has been strong on asks as their constituents pay 49% of the bridge tolls and represent over a third of the voting population.
3. AB 898 Update Pfuehler shared this bill, which requires a 2/3 vote, is still technically active even though it has not been heard. It has potential to come up, though not likely. Thus, it still remains a threat to the Park District. At this time, the District is not responding to the recent opinion editorial on AB 898, but are prepared for future discussions. Director Coffey asked if we are following tax reallocation proposal being pushed by a local Community College Director. Pfuehler replied a unified redistribution of funding in that area could potentially provide additional revenue to the District.
4. Other Issues
II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION – N/A 1. H.R. 3275 (McNerney D-California) – Water and Energy Sustainability through Technology Act (WEST Act) Pfuehler commented this bill was introduced in response to discussions on moving water around the state, particularly from the Delta to Southern California. This legislation would provide more grant funding to recycle and reuse water, purple pipes and other water conservation efforts. Though it may be a challenge to get through the current Congress, such a grant program could be beneficial for the District. A request has been made to the District’s Federal advocate to visit with the author’s office and ensure Special Districts qualify for funding. Director Coffey asked if the District has taken a position on the tunnels. Pfuehler commented a position of strong concern was made under former Director Ted Radke, who was strongly opposed. Director Corbett commented about an excellent presentation the Board received on the Vasco rainwater catchment system. Pfuehler added such efforts are highlighted in the District’s sustainability plan.
The Board Legislative Committee voted unanimously to SUPPORT.
B. ISSUES
181 1. Land and Water Conservation Fund (LWCF) Grant Award Pfuehler recalled in 2012 the General Manager, Robert E. Doyle, was asked to testify in Washington, D.C. to support the Land and Water Conservation Fund competitive grant program. It was implemented in 2014. In the first round of this extremely competitive grant program, the District applied for a project in Concord which did not receive a grant. Only two projects per state advance to the Department of Interior and National Park Service for grant consideration. In the second round two years ago, the District submitted a project for Bay Point Regional Shoreline advanced. It had been assumed with the new administration, the program was no longer active. This week, the District was notified it would receive a $750,000 grant from the federal program.
2. Other Issues
III. GRANTS UPDATE Grants Manager Tiffany Margulici provided an overview about the Grants Department and importance of relationships, both external and internal, in obtaining grants. She also highlighted the important collaboration between Grants and Government Affairs.
IV. MEASURE CC UPDATE Pfuehler and Legislative Assistant Lisa Baldinger presented a PowerPoint about the project development process which is just in its initial stage.
V. ARTICLES
None
VI. OPEN FORUM PUBLIC COMMENT
None
VII. BOARD COMMENTS
Director Waespi commented positively on General Manager Robert E. Doyle’s Park Bond Op Ed. Pfuehler shared the District will also try to place it in the Los Angeles Times and Sacramento Bee.
This meeting adjourned at 2:04 pm.
Respectfully Submitted:
/s/ Lisa Baldinger Legislative Assistant
182 NEWSCLIPS News
Park District Highlights Climate Change in National Public Radio Generation Listen Event By EBRPD Public Affairs August 24, 2017
On Sunday, July 23, 2017 the East Bay Regional Park District participated in National Public Radio’s (NPR) Generation Listen event focused on discussing the conflict between nature and people. The event topic was Pandemics “where they come from, how they start, how they spread” with a natural link to destruction of habitat, especially rain forests.
“We are honored to be selected as one of the NPR Generation Listen locations,” said East Bay Regional Parks District General Manager Robert Doyle. “It’s great recognition of the Park District’s role as a national leader for environmental conservation and park legislative advocacy.”
Dr. Ana M. Alvarez, Deputy General Manager of the East Bay Regional Park District welcomed attendees to Redwood Regional Park and added a local perspective, as well as provided the District’s take on the challenge of balancing people and nature, and why it matters.
“We are so proud to have participated in the NPR event and are honored that they chose Redwood Regional Park for their program, one of the Park District’s very first parks,” said Alvarez. “As the largest park district in the nation we have a responsibility to carefully balance the need for public access with the need to protect the environment.”
Over 50 people attended the event to offer their thoughts and experiences, mostly millennials who NPR and local sister station KQED asked to attend. The one-hour long discussion ranged from the physical process of virus collection in rain forest to the need to maintain government supported scientific research.
The challenges do not stop there though. Alvarez also discussed climate change, the ultimate balancing act between people and the environment.
“The East Bay Regional Park District is already seeing the impact of climate change,” said Alvarez. “With sea levels already rising and expected to rise further, we can’t ignore our climate future.”
183 According to Alvarez, the District is taking bold steps to plan for climate change including constructing new trails and park facilities like parking lots, bathrooms and picnic areas at elevations above anticipated 2080 sea levels.
“The East Bay Regional Park District is aiming to maximize its natural green infrastructure to help manage climate change impacts,” said Alvarez. “It is environmentally responsible and fiscally prudent to take climate change into account in all of our decisions so we are prepared as a district for our climate future.”
“As a large land manager with over 121,000 acres of open space and 55 miles of shoreline, the Park District is well-positioned to be part of the solution to the impacts of climate change,” added Alvarez.
For more on the event, visit www.nprgenlisten.tumblr.com/post/163376683091/listening-on-location-redwood- regional-park.
The East Bay Regional Park District is a system of beautiful public parks and trails in Alameda and Contra Costa counties east of San Francisco Bay, established in 1934. The system comprises 120,000 acres in 65 parks including over1,250 miles of trails for hiking, biking, horseback riding and nature learning.
184 News Albany Beach Restoration & Public Access Project Update Beach & Bay Trail Improvements Moving Forward By EBRPD Public Affairs August 24, 2017 Thanks to voter-approved funding from Measures CC and WW, the East Bay Regional Park District has embarked on a plan to improve habitat, access, and trail conditions along the Albany shoreline at McLaughlin Eastshore State Park. The Park District operates McLaughlin Eastshore State Park on behalf of California State Parks.
McLaughlin Eastshore State Park extends 8.5 miles along the East Bay shoreline from the Bay Bridge to Richmond. It includes 1,854 acres of uplands and tidelands along the waterfronts of Oakland, Emeryville, Berkeley, Albany, and Richmond.
The first phase of the Albany Beach Restoration & Public Access Project began in 2015 and included shoreline restoration and trail improvements along the Albany Neck along the southern edge of the shoreline.
The Albany Neck is part of the former Albany landfill and was especially vulnerable to erosion. Phase 1 removed old landfill debris and added rocks, sand and other natural features to keep the shoreline intact to protect San Francisco Bay water quality and prevent a popular shoreline trail from eroding. Phase 1 also included bird- roosting areas, oyster shell reefs, and tide-pools. Phase 1 was completed in 2015.
The project is currently in Phases 2 and 3, which are expected to be completed in 2018.
Phase 2 is focused on improving the Albany Beach area, including dune and wetland restoration, restrooms, parking and other improvements.
Phase 3 is focused on extending the San Francisco Bay Trail between Buchanan and Gilman streets west of Golden Gate Fields – one of the largest remaining Bay Trail gaps in the East Bay. The San Francisco Bay Trail is a planned 500-mile walking and cycling path around the entire San Francisco Bay.
Phase 2 and 3 are expected to cost $10 million, and will be funded by Measure CC, Measure WW, the Alameda County Transportation Commission (Measure B), the Coastal Conservancy, the Cosco Busan Trustee Council, and other sources.
185 Measure CC was passed by western Alameda and Contra Costa counties voters in 2004 to fund critical infrastructure improvements and fire hazard reduction at some of the District’s oldest and most well-used parks. Measure CC is set to expire soon.
Measure WW is a $500 million bond in Alameda and Contra Costa counties that funds park acquisitions and capital improvements, as well as local park and recreation projects. Measure WW was passed by Park District voters in 2008.
Contact: Dave Mason, Public Information Supervisor (510)-544-2217 [email protected]
186
News East County fire district discovers $6.2 million after long overdue audit
By AARON DAVIS | [email protected] | Bay Area News Group PUBLISHED: August 28, 2017 at 7:35 pm | UPDATED: August 29, 2017 at 9:10 am
BRENTWOOD — A recent, but long overdue, external audit has discovered $6.2 million in a county bank account that the East Contra Costa Fire Protection District should have received as savings from staff reductions and fire station closures over the past three years.
During a review of the 2014-15 external audit, which was performed years after it is normally done, some oddities began to stick out.
“Director (Joe) Young and I identified many red flags during the review,” said Interim Fire Chief Brian Helmick, who was appointed five months ago and has since undergone an exhaustive review of the financially imperiled district.
Although the number is still preliminary, Young, Helmick, County Auditor-Controller Bob Campbell and the district’s external auditors Maze & Associates, identified $6.2 million in savings from the past three fiscal year budgets. However, external audits for fiscal years 2015-16 and 2016-17 are still being performed.
The extra money comes from reductions in expenses, also known as the closing of fire stations and loss of personnel, that should have been carried over to the next year at the end of each fiscal year. However, rather than carry over money identified by the actual end of year balance, the district only carried over money from the projected end-of-year balance, which didn’t take into account the savings each year from staff reductions and station closures.
The money then accumulated, approximately $2 million per year, in an account overseen by the county that should have been transferred over to the district on Jan. 1, 2016, when the district began taking over more administrative services that the county had historically been responsible for.
“It was probably one of those situations where they moved from the county that had done a number of services for them and didn’t have enough staff to get everything done on their side and we didn’t do enough on our side to follow up with them,” said Bob Campbell, Contra Costa County Auditor-Controller.
The district did periodically request withdrawals from the account and the balance in the account was sent to former fire chief Hugh Henderson every month. Helmick stated that this practice has now been changed and the balances now go to four different people, as opposed to one person.
Henderson could not be reached for comment.
Since this is one-time money that will not come back once used, Helmick said that it should be used for one-time payments, rather than use it to expand operations, such as opening the recently closed Station 94 in Knightsen. 187 “We may have been able to keep the station open, but we still needed people, and with a lack of job security, we are still losing people right now,” Helmick said.
While the money is still sitting on the side until all external audits have been completed, Helmick wrote in his report that the money could be used to shore up historically underfunded obligations, such as equipment replacement, facility maintenance and post- employment benefits.
In response to the findings, Assembly member Jim Frazier released a statement saying that he would place a hold on Assembly Bill 898, which would have reallocated $10.1 million per year from the East Bay Regional Parks District to ECCFPD. However, the bill never made it out of assembly and the first hearing on it in the Committee on Local Government was canceled on April 17.
Fiscal year 2017-18’s starting fund balance will be $10.1 million, which is an increase over the projected starting fund balance of $3.9 million.
A historically underfunded district, ECCFPD has asked voters for extra funding three times in the last four years, and each time, the voters have shot the proposals down.
The level of funding allocated to the ECCFPD is still based on a model developed in the 1970s after the passage of Proposition 13, when the area was significantly more rural and had less than a quarter of its current population.
To read more, visit eccfpd.org.
188 REGIONAL PARKS FOUNDATION'S FUNDRAISER: HELP EBRPD PUBLIC SAFETY GET A K-9 OFFICER BENEFITING: REGIONAL PARKS FOUNDATION THE STORY:
The East Bay Regional Park District's Public Safety Department includes a full service Police Department staffed by 71 sworn police officers that help protect 65 unique parks throughout Alameda and Contra Costa Counties. In order to protect park users with over 25 Million visits annually, the District's Police Department has augmented its force to include K-9 Service Dogs. These K-9 Officers receive advanced training in police work including search- and-rescue and partner protection.
Last year one of the District K-9 Officers, "Brun" a beautiful Belgian Malanois, was diagnosed with cancer. Brun began his career with the East Bay Regional Park District Police Department in 2008, assigned to handler Sergeant Scott. Brun was a proven asset within the department and sadly he lost his battle and passed away on September 2, 2016. The District now has only one K-9 Officer serving the entire Park District.
The Regional Parks Foundation supports the East Bay Regional Park District by raising funding for a variety of programs and projects and one of the key focus areas is Public Safety. The Regional Parks Foundation has launched this fundraiser to help raise $5,000 toward the purchase of a new K-9 Officer to support the Park Districts public safety efforts.
Should we raise more than our goal, the additional funds will be reserved for caring for and purchasing K-9 Officersto replace those retiring from service. We thank you for your love of the East Bay Regional Parks and we thank you for your support of the Public Safety K-9 Program!
189 Photos: New litter of piglets at Berkeley’s Little Farm
By Natalie Orenstein Aug. 22, 2017, 9 a.m.
New piglets at the Tilden Little Farm. Photo: Nancy Rubin
The Tilden Park Little Farm got a bit more crowded last week when mama sow Contessa gave birth to her second litter of the year. As of Thursday, Aug. 17, 12 new piglets are acclimating to their new home in the regional park. Two others were stillborn, and a 13th will be fostered elsewhere, reported Berkeleyside contributing photographer Nancy Rubin, who visited the “adorable, multi-colored, squealing piglets” last week.
Rubin got some close-ups of the young ones as they got to know the world and their big family.
The East Bay Regional Park District farm, at 600 Canon Drive in Berkeley, and is open every day of the year. There is no cost to visit. The Red Barn closes at 3:30 p.m., though visitors can still enjoy the rest of the farm into the evening. Parking lot gates are locked at sunset.
190
Community News Berkeley: Wellness walks help a new demographic discover regional parks
Credit: Courtesy Cali Godley Multicultural Wellness Walks bring all ages and backgrounds to the outdoors for activity together.
By MARTA YAMAMOTO | Correspondent
August 18, 2017 at 10:48 am On recent Saturday morning a melting pot of about 100 people met at Tilden Regional Park’s Jewel Lake. Participating were people of African-American, Latino, Korean, Chinese, Lithuanian, Middle Eastern and European heritage, among others. One activity they engaged in was whooshing their hands and their cares away toward Jewel Lake, a good way to break the ice and share a common bond.
The event was one of the East Bay Regional Park District’s Multicultural Wellness Walks, a program designed to extend the park district’s mission of preserving and protecting open spaces and making parks accessible to the broadening and diverse demographics that make up the East Bay.
Answering the question as to how the park district could play a greater part in connecting all people together and to nature lead to the development of the Multicultural Wellness Walks program. As part of Healthy Parks Healthy People and with the support of Kaiser Permanente and the Regional Parks Foundation, the program is opening the parks to new multi-cultural communities.
Mona Koh, community relations manager EBRPD, began organizing the program in 2014.
“The park district received a grant from Kaiser Permanente, who was interested in having the park district reach out to the multicultural communities in Alameda and Contra Costa counties and bring them to the parks for health and wellness,” she said.
The first step for Koh and her staff was to find a way to reach their target audience. Posting on the park district website would bring response, but not those the team was trying to
191 reach. The solution was to work with community leaders with big constituencies representing a range of ethnic, socio-economic and faith-based groups.
Koh made contacts with the Latina Center in Richmond and with media leaders, including Sound of Hope, a local nonprofit Chinese-language radio station; the Korean Alpine Club, Latino radio stations, several African-American churches and Samuel Merritt University Ethnic Health Institute in Oakland.
“I work with community leaders, send flyers about the Wellness Walks, and arrange for a bus to pick them up and transport them to the park. The leaders sign up their constituents to participate in the walk,” Koh said.
“Generally we have 80 to 100 people. It’s very inclusive and multicultural; 95-percent are people of color and most have never been to the parks before.”
The second step was to create a program model that was educational and appealing. The result is a three-hour activity that includes nature and health education, exercises and games, and a healthy lunch. Multicultural Wellness Walks have become one of HPHP’s most successful efforts.
Six parks are visited each year, with the idea of introducing different types of natural settings.
Credit: Courtesy Cali Godley
Multicultural Wellness Walk participants gather for a photo at Tilden
Nature Area.
“We’ve taken our participants to shoreline parks like Big Break and MLK; to lake settings like Lake Temescal and Lake Chabot; to the forest setting in Redwood and to rolling hills like Sunol,” she said. “The areas we take them truly showcase the diversity of the parks.”
The walks are all about being welcome and inclusive, and Koh begins each by greeting everyone in five or six languages, with the group joining in. A naturalist then introduces the park and talks about what it is like to be out in nature.
Safety in nature is another important component, and Koh or her staff explain that’s it’s best to go with someone, to carry water and to dress in layers.
The healing aspect of nature is stressed, and every hike includes a health care representative who introduces participants to nature as medicine.
“We want to combine learning about the nature, the natural surroundings and the resources; with health, how to take care of themselves,” Koh said.
192 “Similar to what’s happening now with Park Prescription where, along with medicine, doctors prescribe certain amounts of time out in nature.”
The final goal is to break down stereotypes and fears of other cultures. This happens naturally as people of different cultures meet and greet one another, walk and learn things together, practice tai chi or zumba, engage in laughter yoga and share a meal.
“Just think about all the ways people can interconnect and these interconnections help reduce the stereotypes and anxieties,” Koh said.
In August, the program will visit the hilly terrain of Briones and in October the walkers will go to Contra Loma to admire its lake.
EBRPD is concerned about environmental equity, namely who has access to parks and their vision is to ensure that people of all ethnicities and socio-economic backgrounds have access and find health and wellness there.
“We have found in research that those who have access to parks live longer. We want them to know where the parks are and feel comfortable going there,” Koh said. “We hope they find a connection and also find health in the parks.”
Joining or donating to the Regional Park Foundation will help support the Multicultural Wellness Walks: www.regionalparksfoundation.org.
193
ViewPoints by Laura Hoffmeister: CNWS base reuse process moving forward
By LAURA HOFFMEISTER |
August 15, 2017 at 11:36 am The reuse of the Weapons Station has been a long process, yet a significant opportunity for Concord.
From 2006-2012 the City Council led an open community public planning process, including a 20-member Community Advisory Committee, culminating in the Concord Reuse Project Area “Clustered Villages” plan with 69 percent of the property as open space and recreational facilities.
The eastern 2,540 acres will go to the East Bay Regional Park District for the public Concord Hills Regional Park. The remaining 2,506 acres will consist of residential, commercial and office use around the North Concord BART station with greenways and parks separating neighborhood villages, buffers to existing residential development, and space for a four-year higher education facility.
The plan envisions significant open space, preservation of natural resources, active parks, pedestrian and bike trails, and community facilities, creation of new jobs, and a variety of housing types.
In 2016, the City Council selected Lennar Concord LLC to be the master developer for Phase 1 of the reuse area. The master developer is responsible for preparing a specific plan and various additional studies.
Concord is now in the next steps in the overall process: working with the federal agencies to issue a Final Impact Statement to allow the property to be transferred for reuse; and creating a Specific Plan along with additional state required environmental studies (and addressing traffic and schools), and completing a Development Agreement (DDA) with the master developer.
As of today, the Navy continues to own the property. Initial land transfer to the city and/or other public benefit conveyance applicants is anticipated in 2018. I am happy to report that the federal Final Impact Statement was completed and released by the Navy last week and established the “Clustered Villages” plan as the preferred alternative. This is a major step in a very lengthy federal process. With the publication of this document the remaining processes can move forward as we had anticipated.
The former CNWS will likely be transferred from the Navy in multiple parcels as cleanup activities are completed. The transfer process and terms vary based on the type of future use. Some portions of the land will be transferred as a public benefit
194 — to Contra Costa County for a first responder training facility, and a significant portion to the East Bay Regional Park District for a new regional park.
The portion of the site to be used for economic development, including housing, employment, education, and retail uses, will be transferred separately to the city. Concord will, in turn, transfer the property sections to the master developer.
The city and Lennar have started discussions with the Navy for the transfer of ownership of the CNWS to Concord. Negotiation, oversight, and resource permitting activities continue as cleanup and disposal planning proceed.
The Navy’s Finding of Suitability to Transfer (FOST) determining the successful cleanup of property within the first transfer parcels (1,200 acres for the city, and 2,200 acres for the park district) should be finished and issued by fall.
The 13-member Base Reuse Community Advisory Committee established by the city in late 2016 has been busy holding public meetings. The committee is modeled after the original CAC to serve as an advisory body to provide input and encourage public outreach to the community, and provide input to the city staff and master developer on the specific plan.
The master developer for Phase 1 development is currently working with the community and the CAC on the specific plan preparation. Phase 1 is approximately 500 acres, or 10 percent of the reuse area. The specific plan will provide more details and refinement to the existing plan and establish zoning standards for the remainder of the entire development footprint.
To date, the CAC has had many public meetings and there have been two communitywide workshops. The next CAC public meeting is at 6 p.m. Sept. 19, in the council chamber. A public community workshop is from 9 a.m. to noon Saturday, Sept. 23, at the Concord Senior Citizens Center.
I thank all those who have participated to date and look forward to your continued participation, and those that have yet to participate, we look forward to your future involvement. Together we can create the specifics to make this area part of our city with overall great community benefits.
Laura Hoffmeister is the mayor of Concord. Contact her at [email protected]
195 1
East Bay reservoir expansion plan wins support of environmental groups
The Los Vaqueros Reservoir dam south of Brentwood would be raised 55 feet under a plan to expand the reservoir. (Doug Duran/Bay Area News Group)
By DENIS CUFF | [email protected] | Bay Area News Group PUBLISHED: August 14, 2017 at 2:25 pm | UPDATED: August 14, 2017 at 4:08 pm
BRENTWOOD — A $914 million plan to expand the Los Vaqueros Reservoir as drought insurance for millions of Bay Area residents picked up endorsements Monday from six conservation groups in a rare display of environmental support for new water development.
Environmental groups are pleased because the project would provide large amounts of water for Central Valley wetlands, habitat for ducks, geese and other wildlife, in addition to storing water for people and farms.
“As a coalition, we consider these wildlife refuge benefits to be critically important,” the Nature Conservancy, Audubon California, and four other groups wrote to the California Water Commission. “The problem is so significant that some refuges … are left virtually dry in drought years.”
The environmental coalition urged the state commission to look favorably on a request for $434 million in voter-approved state bond money to expand the reservoir southeast of Brentwood.
A coalition of 12 water agencies are cooperatively planning to raise the Los Vaqueros earthen dam by 55 feet, increasing its storage capacity from 160,000 acre feet to 275,000-acre feet, enough water to meet the annual needs of 1.4 million people.
The Contra Costa Water District, owner of Los Vaqueros, is coordinating the grant application. Other partnering agencies include the Santa Clara Valley Water District, East Bay Municipal Utility District, San Francisco Public Utilities Commission, Alameda County Zone 7 Water District, Alameda County Water District and Grassland Water District. The latter manages wildlife refuges near Los Banos in Merced County.
Meanwhile, further studies on the expansion have raised its tentative price tag to $914 million, up from a previous estimate of some $800 million, the Contra Costa Water District reported Monday in submitting its grant application. 196 An expanded Los Vaqueros Reservoir would provide 46,000 acre feet of water annually on average for Central Valley refuges, the six environmental groups said.
Only five percent of the Central Valley’s wetlands remain because most were drained, diked, developed, plowed over and built on, the groups wrote.
The letter signers also include the Planning and Conservation League, California Waterfowl Association, Defenders of Wildlife, and Point Blue Conservation Science.
The proposed reservoir expansion project calls for a new pipeline enabling Contra Costa Water District to ship Delta water to the state’s Bethany Reservoir, where it could be moved south of the Delta to wildlife refuges.
“The potential expansion of Los Vaqueros into a regional facility presents a significant opportunity for our customers, the environment and local agency partners,” said Lisa Borba, the Contra Costa Water District Board president.
The California Water Commission is scheduled in June 2018 to decided on grants from state Proposition 1, passed by voters in 2014. If funded, the Los Vaqueros expansion could begin in 2022 and finish in 2026 or 2027.
197 Defying Trump, East Bay Parks Board Supports Paris Climate Accord BY POST STAFF - 10 AUGUST - ENVIRONMENT
In direct response to Pres. Trump’s controversial decision, the East Bay Regional Park District Board of Directors has voted unanimously to adopt a resolution in support of the Paris Accord – the historic global agreement reached by 195 countries to reducing greenhouse gas emissions and limiting the rise in average global temperatures.
“The Board wanted to make it clear that climate change is not an issue of ‘if’ or ‘when’ for the Park District,” said East Bay Regional Park District General Manager Robert Doyle of the vote taken on July 5. “We are impacted by climate change now, by erosion, by sea level rising, by fires, by drought, and by other extreme weather events.”
There is widespread scientific consensus that climate change is occurring and is caused by human activity, especially the use of fossil fuels that create greenhouse gases. It has been widely recognized by governments, businesses, and academic leaders as a threat to our natural world, economy, health and quality of life.
“Climate change is happening now to our regional parks and 55 miles of shoreline,” said Doyle. “We have to address this now or taxpayers will be paying more in the long run.” “Withdrawal from the Paris Accord would undermine the global effort to confront climate change, one of the greatest challenges facing our planet. The consequences of inaction may be irreversible and will affect all regions around the world,” added Doyle.
198
Lake Temescal reopens after toxic algae bloom. Floating islands in its future
By: Lisa Fernandez
POSTED: AUG 10 2017 10:36AM PDT UPDATED: AUG 14 2017 07:35AM PDT
OAKLAND, Calif. - With the summer almost over for most Oakland students who have to return to school in a few weeks, Lake Temescal will reopen on Saturday.
The lake, considered a jewel that sits above the Rockridge and Temescal neighborhoods, has been closed for most of the summer because of toxic algae blooms – a situation that has played out for the last four summers.
Historically, the lake has been a summer go-to spot, densely populated parents and toddlers, teens and couples who lay on the sandy beaches, swim in the water and even enroll in lifeguard camp, which has been shuttered for the last couple years.
The larger question remains, will it ever be healthy enough to recreate those summertime scenes again?
“That’s a complex question,” East Bay Regional Park District Chief of Stewardship Matt Graul told KTVU on Thursday. “There are a lot of factors here, from old reservoirs to urban development causing a lot of nutrient runoff. We think we have solutions that can work. But we’re going to have to wait two or three years to really know for sure if we have a long- term solution.”
Park staff are considering a range of options, from floating islands to dredging, to restore it in the long-term future.
Toxic algae blooms, or cynobacteria, is an issue that’s plaguing water bodies across the country. The biggest reasons? Toxic blooms are a worldwide problem and are exacerbated by sediment and nutrient build-up, pollution and aging reservoirs, along with warm temperatures because of drought and global warming.
Not only does cyanobacteria cause dogs to die, but humans can experience vomiting, diarrhea, liver inflammation, hemorrhaging, kidney damage, acute dermatitis and potential tumor growth if they come in contact with it.
Of the nine lakes in the park district, eight have had toxic blooms – Lake Temescal has suffered the worst, as it has been closed on and off since 2014. At this point, the park district estimates it has spent about $200,000 on fixing the problem and Graul said he it's unknown how much it will cost to restore the lake back to healthy swimming levels in the future.
Over the summer, park staff “spot treated” cyanobacteria the lake with aluminum sulfate. 199 But a long-term solution is needed to prevent future blooms. Some of the recommended solutions include:
1. Using a “a phoslock treatment” comprised of an Australian-rare earth element lanthanum with benthic clay. Phoslock binds with phosphorus, a nutrient required by cyanobacteria. Last year the park district used half a recommended dose of this element at a cost of $100,000 to see if it would be effective. The treatment cleared up the water and the thick cyanobacteria blooms did not form as in the previous years, but cyanobacteria still grew and toxins were produced.
2. Creating floating islands, which absorb lake nutrients, is also being considered. Islands require some maintenance but are relatively inexpensive. A group at UC Berkeley is interested in helping to create and maintain these islands. Experts say that you would need a lot of islands to make this effective. The district is open to trying out some of these islands, but they do not expect them to be the only solution.
3. Dredging the sediment in the lake and creating wetlands could cost as much as $5 million. Dredging rids the nutrient-rich sediment and establishes a deeper, more stratified body of water that would be less susceptible to cyanobacteria blooms. The district is funding a study to look into actual costs and wetland designs.
4. The most realistic solution for the park district will come in the form of aluminum sulfate, MacLean said, because it’s effective and costs less than phoslock. This fall, the park district plans an alum treatment which binds up phosphorus to reduce the nutrients available for cyanobacteria, if the regimen is approved by the San Francisco Bay Regional Water Control Board. “Alum,” as it’s called, is a nontoxic material commonly used in water treatment plants to clarify drinking water. In lakes, alum is used to reduce the amount of the nutrient phosphorus in the water, thereby limiting the availability of this nutrient for algae production.
But according to Lake Savers, a site devoted to renewing lakes naturally, alum treatments do nothing to reduce nitrogen and “locked” phosphorous is re-released into the water.
MacLean acknowledged that this treatment isn’t a “complete fix. That’s why you ultimately have to dredge.”
But dredging brings with it other problems, he said. Not only do early estimates cost in the millions, but MacLean said, but “dredging won’t last forever either. You’d have to continue dredging every so often.”
As for what will actually fix the lake, Graul said that he and his team are still investigating the best options.
“We think we have the solutions,” he said. “We don’t know if these problems will go away completely, but we are trying to figure out how to better manage it.”
200 East Bay Regional Park District taking action to protect national monuments
Aug 3, 2017
The East Bay Regional Park District Board of Directors has taken action to support California’s national monuments.
The board recently voted to adopt a resolution outlining their support for protected national monuments and urging President Trump to honor all designated national monuments.
On April 26, Trump issued an executive order calling for a review of all national monuments designated since 1996, which are more than 100,000 acres. The executive order applies to six California monuments – Berryessa Snow Mountain (Napa, Solano and Yolo counties), Giant Sequoia in the southern Sierra, Carrizo Plain in southern San Joaquin Valley, San Gabriel Mountains northeast of Los Angeles and two desert monuments, Sand to Snow and Mojave Trails.
“America’s protected federal public lands and national monuments belong to all Americans,” said Robert Doyle, East Bay Regional Park District general manager. “The East Bay Regional Park District calls on the president to honor and protect the integrity of all national monuments, as have been designated by U.S. presidents since 1906.” The Antiquities Act of 1906 authorizes U.S. presidents to designate as national monuments historic landmarks, historic and prehistoric structures and other objects of historic or scientific interest located on land owned or controlled by the federal government. Twenty-two such monuments have been designated in California.
“Our nation has a tradition of protecting public lands for the benefit of all Americans,” said Doyle. “California’s designated national monuments help define who we are as Californians – and as a nation – and help protect these public lands for future generations.”
National monuments and other federal protected public lands also benefit tourism and economic development – supporting thousands of jobs across California and the country. In California alone, outdoor recreation generates $85 billion in consumer spending annually and supports over 730,000 jobs.
201 202