October 4, 2016

Board of Directors Board Meeting Packet

OCTOBER 4, 2016 Clerk of the Board YOLANDE BARIAL KNIGHT (510) 544-2020 PH (510) 569-1417 FAX MEMO to the BOARD OF DIRECTORS East Bay Regional EAST BAY REGIONAL PARK DISTRICT Park District Board of Directors

DOUG SIDEN The Regular Session of the OCTOBER 4, 2016 President - Ward 4 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, BEVERLY LANE 2950 Peralta Oaks Court, Oakland Vice President - Ward 6 DENNIS WAESPI Treasurer - Ward 3 DIANE BURGIS Secretary - Ward 7 Respectfully submitted, JOHN SUTTER Ward 2 AYN WIESKAMP Ward 5 WHITNEY DOTSON Ward 1 ROBERT E. DOYLE General Manager ROBERT E. DOYLE General Manager

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

REGULAR MEETING OF OCTOBER 4, 2016 BOARD OF DIRECTORS The Board of Directors of the East Bay Regional Park EAST BAY REGIONAL PARK DISTRICT District will hold a regular meeting at 2950 Peralta Oaks Court, Oakland, CA, 11:30 a.m. ROLL CALL (Board Conference Room) commencing at 11:30 a.m. for Closed Session and 1:00 p.m. for Open Session on Tuesday, PUBLIC COMMENTS October 4, 2016. CLOSED SESSION Agenda for the meeting is listed adjacent. Times for agenda items are approximate only and A. Conference with Labor Negotiator: Gov’t Code § 54957.6 are subject to change during the meeting. If you wish to speak on matters not on the agenda, you Agency Negotiator: Robert E. Doyle, Debra Auker, may do so under Public Jim O’Connor, Sukari Beshears Comments at the beginning or Employee Organizations: AFSCME Local 2428, Police Association end of the agenda. If you wish to Unrepresented Employees: Managers and Confidentials testify on an item, please complete a speaker’s form and submit it to the Clerk of the B. Conference with Legal Counsel: Board.

1) Anticipated Litigation – Significant exposure to litigation A copy of the background Gov’t Code § 54956.9 (d)(2): (1 case) materials concerning these agenda items, including any material that may have been C. Conference with Real Property Negotiator Regarding Price and/or submitted less than 72 hours Terms of Payment – Gov’t Code § 54956.8 before the meeting, is available for inspection on the District’s 1) Agency Negotiator: Bob Nisbet, Liz Musbach website (www.ebparks.org), the Administrative Building reception desk, and at the APN/ADDRESS PROPERTY OWNERS PARK/TRAIL meeting. Alameda County Agendas for Board Committee Meetings are available to the 905-0005-001-01; Lawrence A. Gosselin and Doolan Canyon public upon request. If you wish 905-0005-006-02 Lorraine D. Rollins Regional to be placed on the mailing list 6550-6600 Collier Canyon Preserve to receive future agendas for a specific Board Committee, Road, Livermore please call the Clerk of the 085-1975-002 Devon Smith and Rebecca Las Trampas Board’s Office at (510) 544- 18181 Bollinger Canyon Gherini, Trustees Wilderness 2020. Road, Castro Valley Regional Preserve District facilities and meetings Contra Costa County comply with the Americans with Disabilities Act. If special 199-030-027-7 Devon Smith and Rebecca Las Trampas accommodations are needed for 18181 Bollinger Canyon Gherini, Trustees Wilderness you to participate, please Road, San Ramon Regional Preserve contact the Clerk of the Board as soon as possible, but 007-020-036; 007-020-039 Lucia Olive Farm LLC Deer Valley preferably at least three 9601 Deer Valley Road, Regional Park working days prior to the Brentwood meeting. 3 1:00 p.m. OPEN SESSION (Board Room)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. SPECIAL RECOGNITION

a. Recognizing EBRPD Police Department 3rd Consecutive Accreditation from CALEA (Commission on Accreditation for Law Enforcement Agencies)

C. PUBLIC COMMENTS

1:15 p.m. D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of August 22, 2016 to September 10, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of September 20, 2016 (Barial Knight/Auker) (No Cost) c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) d. Approval of Out-of-State Travel for Director Whitney Dotson to Attend the Rally 2016 - National Land Conservation Conference on October 28 - 30, 2016 in Minneapolis, Minnesota (Barial Knight) (Resolution) (Budgeted Funds) e. Revised Resolution Certifying the Environmental Impact Report for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve; Adopting the Mitigation, Monitoring and Reporting Program, and Findings; Approving the Project at the “Option A” Location; and Authorizing Appropriation of Measure WW Development Funds to Complete Design and Permitting for the Project at the “Option A” Location: Mission Peak Regional Preserve (Nisbet/Kelchner) (Resolution) (No Cost) f. Authorization to Transfer Funds for the Improve Public Safety Building Project: Public Safety Headquarters Building (Lim/Nisbet) (Resolution) (Budgeted Funds) g. Accept and Appropriate Funds from Pacific Gas & Electric for Breuner Marsh Vegetation Management: Point Pinole Regional Shoreline (Barton/Nisbet) (Resolution) (Revenue Authorization) h. Authorization to Appropriate Funds and Award a Contract to Devaney Engineering, Inc. for the Construction of the Landscape, Irrigation and Waterline Extension Project: Oyster Bay Regional Shoreline (Lim/Nisbet) (Resolution) (Measure AA Funds) i. Authorization to Transfer and Appropriate Legal Contingency Funds to Cover Unexpected 2016 Legal Expenses (Victor/Auker) (Resolution) (Budgeted Funds) 4 j. Authorization to Amend Contract with FOCON, Inc. for the Trail and Staging Area Rehabilitation: Sibley/Huckleberry Regional Preserves (Sykes/Rasmussen/Auker) (Resolution) (Budgeted Funds) k. Authorization to Apply for Grants from the Alameda County Transportation Commission for Various Regional Trails: District Wide (Margulici/Dougan/Auker) (Resolution) (No Cost) l. Authorization to Accept and Appropriate Grant Funds on an Ongoing Basis and Transfer Funds for California Water Resources Control Board Grant for Water Quality Monitoring: District Wide (Rasmussen/Graul/Auker) (Resolution) (Budgeted Funds) m. Authorization to Transfer General Fund Budget to Other Than Assets Project Between the Fire Department and the Maintenance Department (McCormick/T. Anderson) (Resolution) (Budgeted Funds) n. Resolution to Support Measure C1 – AC Transit Parcel Tax (Pfuehler/Doyle) (Resolution) (No Cost) o. Resolution to Support Measure RR – Bay Area Rapid Transit General Obligation Bond (Pfuehler/Doyle) (Resolution) (No Cost) p. Authorization to Enter into a Concession Agreement with Palmdale Estates Events for the Ardenwood Snack Bar and Reservable Picnic and Wedding Facility Concession: Ardenwood Historic Farm (Waluch/O’Connor) (Resolution) (No Cost) q . Authorization to Enter Into a Concession Agreement with Pyramid Enterprises d.b.a. Rocky Mountain Recreation Company for the Del Valle Food and Marina Concession: Del Valle Regional Park (Patterson/O’Connor) (Resolution) (No Cost) r. Authorization to Enter Into a Concession Agreement with Pyramid Enterprises d.b.a. Rocky Mountain Recreation Company for the Shadow Cliffs Food and Marina Concession: Shadow Cliffs Regional Park (Patterson/O’Connor) (Resolution) (No Cost)

1:30 p.m. 2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION

a. Authorization to Transfer and Appropriate Funds and Pay Utility Connection, Permit, and Inspection Fees to the Union Sanitary District, Alameda County Water District, Pacific Gas and Electric Company, and the City of Fremont for the Dumbarton Quarry Campground Project: Coyote Hills Regional Park (Lim/Nisbet) (Resolution) (Budgeted Funds)

1:45 p.m. 3. OPERATIONS DIVISION

a. Authorization to Purchase Fleet and Equipment Replacements from Peterson CAT of San Leandro, California; Swift Superstore of Davis, California; Pape Machinery of Newark, California; Winner Chevrolet of Elk Grove, California; and Elk Grove Auto Group of Elk Grove, California (McCrystle/Barrington/O’Connor) (Resolution) (Budgeted Funds)

5 2:00 p.m. 4. BOARD AND STAFF REPORTS

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

2:30 p.m. 5. GENERAL MANAGER’S COMMENTS

a. Staff Presentation: Finance and Management Services

3:00 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION

3:05 p.m. 7. BOARD COMMITTEE REPORTS

a. Legislative Committee (3/18/16) (Burgis) b. Operations Committee (7/21/16) (Sutter) c. Natural & Cultural Resources Committee (8/17/16) (Lane) d. Legislative Committee (10/4/16) (Burgis)

3:15 p.m. 8. BOARD COMMENTS

4:00 p.m. E. PUBLIC COMMENTS

4:10 p.m. F. ADJOURNMENT

6 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of August 22, 2016 Through September10, 2016 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of August 22, 2016 through September 10, 2016.

Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records.

8 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF AUGUST 22, 2016 THROUGH SEPTEMBER 10, 2016

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 August 22, 2016 through September 10, 2016;

Moved by Director , seconded by Director , and adopted this 4th day of October, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

9 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of September 20, 2016 (Barial Knight/Auker)

10 Page Left Blank Intentionally

11 The Board Meeting, which was held on September 20, 2016 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 11:32 a.m. by Board President Siden.

ROLL CALL

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

Directors Absent: None.

PUBLIC COMMENTS:

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 1:15 p.m. by Board President Siden.

Staff Present: Robert Doyle, Ana Alvarez, Carol Victor, Carol Johnson, Jim O’Connor, Liz Musbach, Mark Pearson, Aaron Roth, Julie Schirmer, Michael McNally, Tim Anderson, Larry Tong, Ira Bletz, Kelly Barrington, Mark Ragatz, Matt Graul, Carolyn Jones, Glenn Gilchrist, Jeff Rasmussen, Mona Koh, Sukari Beshears, Bismarck Blanco, Leonard Bellows, Sean Dougan, Lt. Al Love, Anne Kassebaum, Capt. Anthony Ciaburro, Brian Holt, Mimi Waluch, Kristina Kelchner, Chris Barton, Julie Bondurant, Renee Patterson, Rob Lim, Dave Zuckermann.

Guests: Court Reporter; Skylar Hall, Consultants: LSA and Kleinfelder

A. APPROVAL OF AGENDA

By motion of Director Wieskamp, and seconded by Director Burgis, the Board voted unanimously to approve the revised agenda.

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

B. PUBLIC COMMENTS

None.

12 C. BUSINESS BEFORE THE BOARD

CONSENT CALENDAR

By motion of Director Lane, and seconded by Director Dotson, the Board voted unanimously to approve the Consent Calendar.

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

a. Approval of District Check Listing for the Period of August 8, 2016 to August 21, 2016 Resolution No. 2016 – 09 – 243 (attached)

b. Approval of the Minutes for the Board Meeting of September 6, 2016

c. Authorization to Negotiate with Various Property Owners Resolution No. 2016 – 09 – 244 (attached)

d. Authorization to Amend Existing Contract with Airtech Mechanical, Inc. to Continue HVAC Maintenance and Repair Services for the District Administration Building and the Trudeau Training Center Resolution No. 2016 – 09 – 245 (attached)

e. Authorization to Apply for Grant Funds from the Delta Conservancy for the Bay Point Restoration and Public Access Project: Bay Point Regional Shoreline Resolution No. 2016 – 09 – 246 (attached)

f. Resolution to Support Pending State Legislation SB 450 (Allen) Vote by Mail Voting and Mail Ballot Elections Resolution No. 2016 – 09 – 247 (attached)

2. ACQUISITION AND STEWARDSHIP DIVISION

By motion of Director Wieskamp, and seconded by Director Sutter, the Board voted unanimously to approve item 2a with the inclusion of an additional paragraph into the resolution.

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

a. Certification of the Environmental Impact Report for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve; Adoption of the Mitigation, Monitoring, and Reporting 13 Program; Approval of the Project at the “Option A” Location; and Authorization to Appropriate Measure WW Development Funds to Complete Design and Permitting for the Project at the “Option A” Location: Mission Peak Regional Preserve Resolution No. 2016 – 09 – 248 (attached)

Bob Nisbet, AGM ASD, introduced presentation staff Glenn Gilchrist, Design Manager and Michelle Julene, Senior Planner Nisbet began by stating a portion of the mission statement which ends with, ‘the growing and diverse community should be able to experience nature close by.’ Nisbet stated that today’s item is about providing public access. He continued that there is also a balance between protecting open space and providing public access. Nisbet discussed the four parts of the recommendation which are to certify the EIR, adopt the mitigation monitoring and reporting program, adopt the “Option A” project and the funding component. Mission Peak Regional Preserve is approximately 3,000 acres and the primary trail used is roughly 3.1 miles long, representing less than1% of the entire park. This project would address most of the existing parking shortage with a 300-car surface parking lot. Numerous studies have been done on the usage of the park and staff believes the size of the parking lot is just about right, not too big and not too small. Nisbet stated that staff has received comments from Native Americans about disturbing existing cultural resources. Staff studied both proposed sites, discussed all options, and determined Site A was best because it was found to only contain shell fragments. Jim O’Connor, AGM Operations, gave his professional perspective on Mission Peak. O’Connor stated that increased visitation has impacted park resources as well as the visitation experience at Mission Peak. The District has spent tens of thousands of dollars doing corrective work. O’Connor explained that there are plenty of experiences within the 3,000 acre preserve, and staff has held many information campaigns to educate the public. Glenn Gilchrist, Design Manager, discussed both options A & B and explained the rational for choosing Site A. Gilchrist talked about the restrooms, kiosk, and storm water features explaining how the rainwater would be controlled. It will take several years to complete the project; with most of the construction occurring during the fall months and during weekdays parts of the park will be closed. This construction project will not interfere with park users hiking from Ohlone College. Michelle Julene, Senior Planner, stated that the purpose of the project is to provide additional parking and restrooms to better accommodate park visitor demand. The EIR is to evaluate impacts for building a parking lot and restrooms. The District completed a number of specialized consultant studies; Latent Visitor Demand, Biological, Cultural, Geotechnical and Traffic Impact Analysis Study. Julene went through each study highlighting the results.

Director Lane asked where the kiosk is projected to be and how many access points there are at Mission Peak. Nisbet stated that the location of the kiosk will control parking access and the cul-de-sac serves as a turnaround for the fire department. O’Connor said there are 7 access points. Director Sutter inquired if the park lot will be visible to the surrounding residents. Kristina Kelchner, Assistant District Counsel, stated that there was a visual simulation done from the fence line for both options and it was determined that because of a berm will be constructed and planted with trees the cars will not be visible even from the second story. Sutter asked if the parking garage has impacted visitation, Kelchner replied that only 22% of the overall visitors are using Ohlone.

Director Wieskamp asked about the effect of the pond to be constructed near the parking lot on mosquito breeding. Gilchrist answered that the pond is designed to prevent mosquito breeding and it will empty. Director Waespi asked what the height of the tallest structure is on the project site. Nisbet stated it would be trees over time. Director Burgis suggested that interpretive signs should be incorporated into the project

President Siden opened the Public Comment section of the meeting. There were approximately 37 people who spoke for about 1 to 2 minutes each. The speakers expressed their belief that building a parking lot on this site would disturb ancestral remains. They also called on the board members to not approve the project, to preserve and not disturb the land. A few members mentioned working towards better public transportation, public access, and the possibility of shuttle service. 14 Nisbet stated that during this 4 year process staff reached out to the Ohlone people s for consultation. The District has an exceptional master plan that recognizes a balance between protection of open space, natural and cultural resources, and public access. 600+ people come to Mission peak daily to experience the park and there needs to be a place for them to park. Nisbet explained that not all people live near the park or can access public transportation. GM Doyle thanked the members of the audience for their attendance and stating their concerns to the Board. Doyle indicated the District’s complexity and the need to do a better job in working with the representatives of the First People, sand the need to manage park visitors. Mission Peak has become incredibly popular because of Facebook. Coyote Hills, Brooks Island, Morgan Territory, Vasco Caves, Big Break, Round Valley are Native Peoples’sites that the District has preserved and acquired at great cost. GM Doyle expressed hope that these preservation efforts are considered.

Director Wieskamp said that Mission Peak is in the Ward she represents. Wieskamp added that this is not an easy process and the park is being overused. The District is in the process of starting permit parking in October. Staff is going to try to convince people to use Ohlone College parking lot, and Wieskamp hopes that the District can involve the Ohlone people they are involved in the process. To that end, the paragraph below will be inserted into the final resolution.

‘BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District recognizes the continued interest and concerns of Ohlone people related to Mission Peak, and hereby directs that prior to project construction staff shall invite Ohlone representatives to meet with District management personnel to discuss implementation of the mitigation measures required by the EIR including tribal consultation;”

Director Lane reiterated that the District has preserved a lot of land of the Native Americans. Staff is trying to manage a park with a high volume of attendance. Lane expressed hope that the District will hear from descendants of the Native Americans and they can educate park users on their history.

Director Dotson stated that a lot of very important issues have been raised today, but at some level there needs to be control over access to the park. How do you manage a large number of people without providing parking? A shuttle bus might be a better and cheaper way. Director Sutter commented that he agreed with the comments of the GM and Nisbet and the Board. Sutter said it is a difficult decision and the Board has to look at the whole community; for not only recreation but for health. In order to get to the park the District needs to provide a place for them to park. Director Waespi thanked the citizens for their attendance, and stated that the District’s job is to provide public access. The reality is that this Mission Peak is not only very large, it is also very popular and the current staging area is an under-spaced parking lot. Director Waespi commented that he felt Option A was the best solution. Director Burgis said Board Members are elected to serve and must make certain decisions. She stated that she was honored by those who attended the Board meeting today. Burgis explained that she would encourage the proposal of a shuttle service, but the District must be fiscally responsible.

3. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

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

4. GENERAL MANAGER’S COMMENTS

GM Doyle introduced Sukari Beshears, HR Manager who presented a PowerPoint presentation on employee vacancies, where the District currently is, and the future. Beshears stated that the District has been facing on average about 2 to 3 retirements per month. Beshears gave an overview of the newly created 15 Benefits Portal and navigated the Board through some of the options. The Benefits Portal twill be rolled out soon and will be accessible to current employees by logging on to the website.

5. ANNOUNCEMENTS FROM CLOSED SESSION

No announcements.

6. BOARD COMMITTEE REPORTS

a. Finance Committee (7/27/16) (Waespi)

7. BOARD COMMENTS

Director Siden reported on meetings attended. Director Siden  Attended the California Adaptation Forum;  Attended the ACSDA meeting at Washington hospital;  Attended Larry Tong’s retirement;  Welcomed the Korean delegation;  Attended the Operations Committee;  Attended the Board Tour;  Attended the San Leandro Creek Alliance meeting;  Attended the San Lorenzo Heritage Society;  Attended the Foundation board meeting;  Attending the Alameda Liaison meeting;  Attending Ted Radke’s memorial.

Director Lane reported on meetings attended. Director Lane  Attended a Camille Avenue neighbors’ meeting;  Attended Larry Tong’s retirement;  Attended Catharine Baker’s event;  Attending the Health and Safety Fair;  Went on a Centennial Hike in Danville;  Attending Ted Radke’s memorial.

Director Sutter reported on meetings attended. Director Sutter  Attended Larry Tong’s retirement;  Attended the Operations Committee meeting at Tilden;  Attended the Board Field trip;  Attended the Legislative Committee meeting;  Attended Measure DD Advisory committee;  Will meet with Wilma Chan for a discussion;  Attending Ted Radke’s memorial. Sutter complimented staff for following up on SB450.

Director Waespi reported on meetings attended. Director Waespi  Attended Sierra Club’s David Brower dinner;  Attended Moonlight on the Mountain;  Attended the Garin Apple Festival;  Attended the Board field trip; 16  Attended the Legislative Committee meeting;  Met with Rep. Swalwell at Hayward Shoreline Interpretive Center;  Attending Health & Safety fair;  Attending Ted Radke’s memorial.

Director Burgis reported on meetings attended. Director Burgis  Attended the Shadow Cliff’s Solar Installation event;  Attended the Legislative Committee meeting;  Attended Sierra Club’s David Brower dinner;  Attended Moonlight on the Mountain;  Participated in a Women in Leadership conference;  Attended ABAG meeting;  Attended Creek cleanup;  Attending the Legislative Committee picnic;  Attending Ted Radke’s memorial;  Attending Fish and Wildlife meeting.

Director Wieskamp reported on meetings attended. Director Wieskamp  Attended the LAFCO meeting;  Attended the Elected Women’s lunch;  Attended the Farm Bureau BBQ;  Attended Moonlight on the Mountain;  Attended ACSDA at Washington Hospital;  Attended Operations Committee meeting;  Attended Board Field trip;  Attending Tidewater;  Attending Ted Radke’s memorial.

Director Dotson reported on meetings attended. Director Dotson  Went fishing at Lake Berryessa;  Attended the Board Field trip;  Attended the Legislative Committee meeting;  Attended Sierra Club’s David Brower dinner.

8. PUBLIC COMMENTS

There were none.

E. ADJOURNMENT

The meeting was adjourned at 5:09 pm by Board President Doug Siden.

Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board

17 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. 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 and Development Division, to negotiate with:

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 075-620-001-0 through Suncrest Homes 26, LLC Black Diamond Mines 075-620-051-5 Regional Preserve Western terminus of Osprey Drive, Antioch 075-620-052-3; 075-620-053-1 City of Antioch Black Diamond Mines and 075-620-054-9 Regional Preserve Western terminus of Osprey Drive, Antioch No APN State Lands Commission Miller/Knox Regional Submerged land under Shoreline Ferry Point Pier, Miller/Knox Regional Shoreline, Point Richmond

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.

18 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.

19 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 -

October 4, 2016

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; and

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on October 4, 2016; and

BE IT FURTHER RESOLVED that the General Manager and the Assistant General Manager, Acquisition, Stewardship and 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 Contra Costa County

075-620-001-0 through Suncrest Homes 26, LLC Black Diamond Mines 075-620-051-5 Regional Preserve Western terminus of Osprey Drive, Antioch 075-620-052-3; 075-620-053-1 City of Antioch Black Diamond Mines and 075-620-054-9 Regional Preserve Western terminus of Osprey Drive, Antioch No APN State Lands Commission Miller/Knox Regional Submerged land under Shoreline Ferry Point Pier, Miller/Knox Regional Shoreline, Point Richmond

20 Moved by Director , and seconded by Director and adopted this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

21 AUTHORIZATION TO NEGOTIATE Acquisition, Stewardship & Development Division Date: Oct. 4, 2016

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CONTRA COSTA COUNTY 1 Park/Trail: Black Diamond Mines Regional Preserve Park/Trail: Miller/Knox Regional Shoreline Owner: Suncrest Homes 26, LLC, a California 3 Owner: State Lands Commission limited liability company APN: No APN APN: 075-620-001-0 through Location: Submerged land under Ferry Point Pier, 075-620-051-5 Miller/Knox Regional Shoreline, Location: Western terminus of Point Richmond Osprey Drive, Antioch

Park/Trail: Black Diamond Mines Regional Preserve 2 Owner: City of Antioch APN: 075-620-052-3, 075-620-053-1 and 075-620-054-9 Location: Western terminus of Osprey Drive, Antioch

22 O:\GIS\Land\A2N\2016-10-04_A2N.mxd Page Left Blank Intentionally

23 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Approval of Out-of-State Travel for Director Whitney Dotson to Attend the Rally 2016 - National Land Conservation Conference on October 28 - 30, 2016 in Minneapolis, Minnesota (Barial Knight/Auker)

RECOMMENDATION

It is recommended that the Board of Directors approve out-of-state travel for Director Whitney Dotson to attend the Rally 2016 – National Land Conservation Conference to be held on October 28-30, 2016 in Minneapolis, Minnesota.

REVENUE/COST

Funding for this travel is available in existing departmental budgets.

BACKGROUND

The Rally 2016 – National Land Conservation Conference is the largest land conservation conference in the county attended by more than 1,800 land trust professionals, staff, volunteers and agencies from all 50 states, Canada, South America and other countries. It is an annual conference that provides District attendees an opportunity to meet and learn with others in the land trust community, attend educational sessions and keep updated and discuss various conservation issues of interest to the District.

ALTERNATIVES

No alternatives are recommended.

24 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 –

October 4, 2016

APPROVAL OF OUT-OF-STATE TRAVEL FOR DIRECTOR WHITNEY DOTSON TO ATTEND THE RALLY 2016 - NATIONAL LAND CONSERVATION CONFERENCE ON OCTOBER 28 - 30, 2016 IN MINNEAPOLIS, MINNESOTA

WHEREAS, the Rally 2016 – National Land Conservation Conference is being held on October 28 - 30, 2016 in Minneapolis, Minnesota; and

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

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approve out-of-state travel for Director Whitney Dotson to attend the Rally 2016 – National Land Conservation Conference in Minneapolis, Minnesota with funding available in existing departmental budget; and

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

Moved by Director seconded by Director , and adopted this 4th day of October 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

25 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

2. CONSENT CALENDAR

b. Revised Resolution Certifying the Environmental Impact Report for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve; Adopting the Mitigation, Monitoring and Reporting Program, and Findings; Approving the Project at the “Option A” Location; and Authorizing Appropriation of Measure WW Development Funds to Complete Design and Permitting for the Project at the “Option A” Location: Mission Peak Regional Preserve (Nisbet/Kelchner)

RECOMMENDATION

The General Manager recommends that the Board of Directors of the East Bay Regional Park District adopt the attached Revised Resolution, which revises and supersedes Resolution No. 2016 – 09 – 248 adopted by the Board on September 20, 2016.

REVENUE/COST

The adoption of the Revised Resolution will not have any cost or revenue implications beyond those associated with the previously adopted Resolution No. 2016 – 09 – 248, as described in the September 20, 2016 Board materials prepared for that action. (Attachment 3.)

BACKGROUND

On September 20, 2016, the Board of Directors adopted Resolution No. 2016 – 09 – 248, certifying the Environmental Impact Report (EIR); adopting the Mitigation, Monitoring, and Reporting Program (Attachment 1); approving the Option A Project; and authorizing funds for design and permitting of the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve. The proposed Revised Resolution clarifies the action taken on September 20, 2016 by formally adopting the findings that were made in the Final EIR (Attachment 2), including the EIR’s conclusion that all potentially significant impacts on the environment would be reduced to a less than significant level through the adoption of the Mitigation, Monitoring and Reporting Program.

26 Upon adoption of the Revised Resolution, this Resolution will supersede Resolution No. 2016 - 09 - 248 adopted on September 20, 2016.

ALTERNATIVES

No alternatives are recommended.

ATTACHMENTS

Attachment 1 – Mitigation, Monitoring, and Reporting Program Attachment 2 – Findings Attachment 3 – September 20, 2016 Staff Report

27 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

REVISED RESOLUTION CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE STANFORD AVENUE STAGING AREA EXPANSION PROJECT AT MISSION PEAK REGIONAL PRESERVE; ADOPTING THE MITIGATION, MONITORING AND REPORTING PROGRAM, AND FINDINGS; APPROVING THE PROJECT AT THE “OPTION A” LOCATION; AND AUTHORIZING APPROPRIATION OF MEASURE WW DEVELOPMENT FUNDS TO COMPLETE DESIGN AND PERMITTING FOR THE PROJECT AT THE “OPTION A” LOCATION: MISSION PEAK REGIONAL PRESERVE

WHEREAS, the East Bay Regional Park District operates Mission Peak Regional Preserve including an existing staging area and vault toilets at the terminus of Stanford Avenue pursuant to a lease agreement with the City of Fremont; and

WHEREAS, on October 22, 2012, the East Bay Regional Park District published a Notice of Preparation of an Environmental Impact Report (EIR), and on November 8, 2012, conducted a public scoping meeting to obtain comments on the proposed scope of the EIR for an expanded staging area; and

WHEREAS, on October 16, 2016, the East Bay Regional Park District issued a Notice of Completion to the Office of Planning and Research and issued a Notice of Availability of the Draft EIR for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve to the public initiating a 60-day public review period; and

WHEREAS, the Draft EIR provides an evaluation of the potential for the proposed Project to result in significant environmental impacts, recommends mitigation measures to address those potential impacts, and concludes that with mitigation measures, which are included in the Mitigation, Monitoring, and Reporting Program, all of these potential impacts would be reduced to a less than significant level; and

WHEREAS, on August 26, 2016, the East Bay Regional Park District issued a Response to Comments document responding to all comments received on the Draft EIR during the 60-day public comment period, confirming the impact conclusions of the Draft EIR, making minor changes to the Draft EIR, and including a Mitigation, Monitoring, and Reporting Program; and

WHEREAS, the Final EIR consists of the Draft EIR and the Response to Comments document including the Mitigation, Monitoring, and Reporting Program, and has been completed, prepared, publicized, circulated and reviewed in accordance with the California Environmental Quality Act and all applicable law; and

28 WHEREAS, on September 2, 2016, the East Bay Regional Park District Board of Directors Executive Committee voted unanimously to forward a recommendation to the Board of Directors to certify the EIR for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve; adopt the Mitigation, Monitoring, and Reporting Program; and approve the Project at the “Option A” location; and

WHEREAS, on September 20, 2016, the East Bay Regional Park District’s Board of Directors held a public hearing on the Final EIR and proposed Project, and reviewed and considered the information contained in the Final EIR and Board materials prepared for the September 20, 2016 meeting, considered the public testimony and comments received on the EIR and Project including during the public hearing, determined that the EIR reflects the Board of Directors’ independent judgment as to the environmental consequences of the Project, and took actions to certify the EIR and approve the Project; and

WHEREAS, the Board of Directors wishes to clarify the action taken on September 20, 2016 and formally adopt the findings that were made in the Final EIR;

WHEREAS, no changes have occurred with respect to circumstances surrounding the proposed Project that would cause new or substantially more severe significant environmental effects than were identified in the Final EIR; in addition, no new information has become available that shows that the proposed Project would cause new or substantially more severe significant environmental effects that have not already been analyzed in the Final EIR; and

WHEREAS, the “Option A” location, is determined to best meet the Project Purpose;

WHEREAS, the East Bay Regional Park District is the custodian of the documents and other material which constitute the record of the proceedings upon which its decision is made at its Administration Building located at 2950 Peralta Oaks Court, Oakland, California, 94605;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby certifies the Environmental Impact Report for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District adopts the Mitigation, Monitoring, and Reporting Program (Attachment 1) and the Findings (Attachment 2); and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District approves the Stanford Avenue Staging Area Expansion Project at the “Option A” location; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes appropriation of Measure WW Development Funds and Measure WW Bay Area Ridge Trail Funds to complete design and permitting for the Project at the “Option A” location; and

29 BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby appropriates $654,252 of Measure WW Development Funds from the Mission Peak Allocation Area (WP41) and $345,748 of Measure WW Development Funds from the Ridge Trail Allocation Area (WP54) to Project # 148100 – Expand Staging Area as indicated on the budget change form attached to the September 20, 2016 Board materials (Attachment 3) to fund design and permitting; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District recognizes the continued interest and concerns of Ohlone people related to Mission Peak, and hereby directs that prior to Project construction, staff shall invite Ohlone representatives to meet with District management personnel to discuss implementation of the mitigation measures required by the EIR including tribal consultation; and

BE IT FURTHER RESOLVED, that this resolution revises and shall supersede Resolution No. 2016 – 09 – 248 adopted by a unanimous vote of the Board of Directors on September 20, 2016; 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 4th day of October, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

30 Page Left Blank Intentionally

31 ATTACHMENT 1

V. MITIGATION MONITORING AND REPORTING PROGRAM

This chapter includes the Mitigation Monitoring and Reporting Program (MMRP), which is formulated based upon the findings of the Draft EIR and the RTC Document which together represent the Final EIR, State Clearinghouse No. 2012102048, prepared for the Stanford Avenue Staging Area Expansion Project (project). The MMRP for Option A and Option B, which is found in Table V-1 and Table V-2, respectively lists mitigation measures recommended in the Final EIR for the proposed project and identifies mitigation monitoring requirements. An MMRP must be adopted when the East Bay Regional Park District Board of Directors (Board) makes a final decision on the project.

This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance with the mitigation measures identified in the Final EIR during implementation of the project.

The MMRP is organized in a matrix format. The first column identifies the mitigation measure. The second column, entitled “Actions” refers to the actions that must be undertaken to ensure the mitigation measure is accomplished. The third column, entitled “Party Responsible for or Ensuring Implementation of Mitigation,” refers to the party responsible for implementing the mitigation measure. The fourth column, entitled “Party Responsible for or Ensuring Implementation of Monitoring,” refers to the party responsible for oversight or ensuring that the mitigation measure is implemented. The fifth column, entitled “Timing,” refers to when monitoring will occur to ensure that the mitigating action is completed. Please note that these mitigation measures include any revisions made as a result of the Response to Comments Document on the Draft EIR.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing A. LAND USE There are no Option A impacts related to land use. B. VISUAL RESOURCES There are no Option A impacts related to visual resources. C. BIOLOGICAL RESOURCES Option A BIO-1: The District shall implement the following measures 1. Consultation with Qualified East Bay 1. Prior to before, during, and after construction at the Option A site to avoid USFWS and/or Biologist and East Regional Park construction/ significant impacts to individual California tiger salamanders, CDFW. Bay Regional District ground California red-legged frogs, and Alameda striped racers. Additional 2. Implement measures Park District disturbance measures may be required by the USFWS and/or CDFW as part of the to avoid impacts to 2. During Endangered Species Act (ESA) and California Endangered Species Act California tiger construction (CESA) permitting process. salamanders, 3. Following • A qualified biologist, experienced with California tiger California red-legged construction salamanders, California red-legged frogs, and Alameda striped frogs, and Alameda racers shall be present onsite during all ground disturbing activities striped racers. to search for salamanders and frogs that may be unearthed during excavation. The biological monitor(s) shall have the authority to halt work if a California tiger salamander, California red-legged frog, or Alameda striped racer is found onsite. California red-legged frogs, California tiger salamanders, and/or Alameda striped racers shall be removed from the construction area following the procedures specified in the State and federal listed species permits (i.e., Incidental Take Permit (section 2081 permit) and/or Section 7 Biological Opinion). The District shall report all discoveries of listed species in the construction areas to resource agencies according to the procedures specified in the State and federal listed species permits.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Prior to the initiation of ground disturbance, a qualified biologist shall conduct environmental awareness training for construction personnel, including all project representatives. Training sessions shall also be required for any new construction personnel before being allowed access to the site. At a minimum, the training shall include an overview of California tiger salamander, California red- legged frog, and Alameda striped racer biology (including habitat preference), their legal status under the federal ESA and CESA, and project-specific avoidance measures being implemented to avoid impacts on California tiger salamanders, California red-legged frogs, and Alameda striped racers. • Prior to the initiation of ground disturbance, temporary exclusion fencing shall be installed around the perimeter of the work area to prevent California tiger salamanders, California red-legged frogs, Alameda striped racers, and other wildlife from entering the work area during construction. The fence must be constructed of a material that is durable and has been approved by the USFWS and/or CDFW as suitable for preventing frogs, salamanders, and snakes from passing under, over, around, or through the fence. The qualified biologist shall be on site during fence installation and initial site clearing and grubbing activities. The biologist shall inspect the fence daily during ground disturbing construction activities to ensure it is properly maintained and functioning to exclude California tiger salamanders, California red-legged frogs, Alameda striped racers, and other wildlife from the work area. The fence shall remain in place until all construction is completed and equipment is demobilized. • To prevent inadvertent entrapment of wildlife during construction, all excavated, steep-walled holes or trenches more than 3-inches deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks with a slope of 2:1. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Construction activities shall be limited to periods of low rainfall (less than 0.25 inch per 24-hour period and less than 40 percent chance of rain). The project biologist shall consult the 72-hour weather forecasts from the National Weather Service (NWS) prior to the startup of any ground disturbing activities on the project site. Construction activities shall cease 24 hours prior to a 40 percent or greater forecast of rain from the NWS. Construction may continue 24 hours after the rain ceases provided that there is no precipitation in the 24-hour forecast. Contractor specifications shall include the following worker restrictions and guidelines, at a minimum: o Construction personnel and vehicles shall stay within designated work areas. Entry into adjacent Preserve lands or established exclusion zones shall be strictly prohibited. o All work areas shall be maintained in clean condition. All trash (e.g., food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) shall be placed in closed containers and properly disposed off-site. o No pets or firearms shall be allowed on site. o All vehicles and equipment shall be refueled and/or lubricated in a designated area at least 100 feet from aquatic habitats. o In the event a special-status species is inadvertently killed or injured or if a special-status species is observed to be injured, dead, or entrapped, the contractor shall immediately notify the District, work shall stop, and the District shall notify the USFWS and CDFW. • As part of the project's Stormwater Pollution Prevention Plan (SWPPP) implementation, the District shall include in the specifications a requirement to use tightly woven fiber of natural materials (e.g., coir rolls or mats) or similar material for erosion control to ensure that special-status species do not get trapped. Plastic mono-filament netting (erosion control matting) or similar material shall be prohibited.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Upon completion of construction, construction work areas shall be restored to pre-project grades and contours and stabilized to prevent erosion. A seed mix of native and naturalized grass and forb species shall be applied to all of the grassland areas disturbed by the project. The seed shall be from sources that are regionally appropriate for the site. Option A BIO-2a: To compensate for the permanent loss of California 1. Consultation with East Bay East Bay During and after tiger salamander upland habitat and thus ensure Option A will not have USFWS and/or Regional Park Regional Park construction a substantial adverse effect on its habitat, the District shall preserve or CDFW. District District purchase in-kind grassland habitat that is known to provide upland 2. Provide upland habitat for California tiger salamanders at a minimum 3:1 ratio of area habitat for CTS at a preserved to area impacted. Compensatory mitigation may be minimum 3:1 ratio of accomplished through one of the following options: area preserved to • Establishing a conservation easement or deed restriction on or off site in a suitable location for California tiger salamander and area impacted. providing adequate funding for management and monitoring of the 3. Provide property in perpetuity. Ideally, the conservation easement would be compensatory placed elsewhere in the Mission Peak Regional Preserve. Lands mitigation for loss of placed in a conservation easement must be documented to support CTS habitat. California tiger salamanders through observation of California tiger salamander larvae in a breeding pond on or immediately adjacent to the grassland area. The breeding pond, if not on the parcel to be acquired as mitigation, must also be preserved in a conservation easement or other appropriate land use restriction instrument or be located on preserved land (County or State park) to ensure the viability of the grassland as California tiger salamander upland habitat. Breeding ponds must be documented to regularly produce California tiger salamander metamorphs to be considered successful breeding ponds; • Depositing funds into an USFWS and CDFW approved in-lieu fee program; or • Purchasing credits in a USFWS and CDFW approved conservation bank in Alameda County.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option A BIO-2b: To compensate for the permanent loss of Alameda 1. Consultation with East Bay East Bay During and after striped racer habitat and thus ensuring Option A will not have a USFWS and/or Regional Park Regional Park construction substantial adverse effect on its habitat, the District shall preserve or CDFW. District District purchase in-kind grassland habitat that is known to provide upland 2. Provide upland habitat for Alameda striped racers at a minimum 3:1 ratio of area habitat for Alameda preserved to area impacted. Compensatory mitigation may be striped racer at a accomplished through one of the following options: minimum 3:1 ratio of • Establishing a conservation easement or deed restriction on or off area preserved to site in a suitable Alameda County location and providing adequate area impacted. funding for management and monitoring of the property in 3. Provide perpetuity. Ideally, the conservation easement would be placed compensatory elsewhere in the Mission Peak Regional Preserve. Lands placed in a mitigation for loss of conservation easement or other appropriate land use restriction Alameda striped instrument must be documented to support Alameda striped racers racer habitat. through observation of Alameda striped racers on or adjacent to the grassland area; • Depositing funds into an USFWS and CDFW approved in-lieu fee program; • Purchasing credits in a USFWS and CDFW approved conservation bank in Alameda County; or • Entering into a mitigation agreement with USFWS and CDFW and providing adequate funding for management and monitoring of the terms of the agreement for perpetuity.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing If burrowing owls are found within the construction footprint during the breeding season, occupied burrows shall be avoided by establishing buffers around the burrows in which no work shall be allowed until a qualified biologist has determined that the nest attempt has failed or that young have fledged and can forage independently of the adults. A minimum buffer of at least 250 feet shall be maintained during the breeding season around active burrows. Burrowing owls present on site after February 1 shall be assumed to be nesting on or adjacent to the site unless focused monitoring by a qualified biologist familiar with burrowing owl reproductive behavior indicates that the observed individual is unpaired or that egg-laying has not yet begun. A Burrowing Owl Exclusion Plan will be developed and approved by CDFW prior to implementation.

In the event that burrowing owls are present on the site, CDFW may also require compensatory mitigation as part of the approval for the passive relocation. The compensatory mitigation would provide protected habitat for burrowing owls. Option A Mitigation Measure BIO-2, which requires lands to be preserved at a 3:1 ratio to compensate for the loss of California tiger salamander habitat, could also compensate for the loss of burrowing owl habitat provided that burrows are present and vegetation is kept short during the burrowing owl breeding season. Compensatory mitigation lands for burrowing owls would be required to be approved by CDFW and satisfy applicable habitat requirements.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option A BIO-4: To the extent feasible, vegetation removal activities 1. Review of Project Contractor East Bay During shall occur during the non-nesting season (September 1 to January 31). preconstruction and Qualified Regional Park construction For any construction activities conducted during the nesting season, a survey prior to Biologist District qualified biologist (i.e., experienced in searching for passerine nests in initiation of oak woodland and other habitats) shall conduct a preconstruction nest construction. survey of all trees or other suitable nesting habitat in and within 250 2. Consult with CDFW. feet of the limits of work. The survey shall be conducted no more than 3. Review of buffer 15 days prior to the start of work. If the survey indicates the presence of design and nesting birds, the biologist shall determine an appropriately sized buffer implementation, around the nest in which no work shall be allowed until the young have prior to construction successfully fledged. The size of the nest buffer shall be determined by and throughout the the biologist in consultation with the CDFW and shall be based on the construction period nesting species and its sensitivity to disturbance. In general, buffer sizes of up to 250 feet for raptors and 50 feet for other birds should suffice to prevent substantial disturbance to nesting birds, but these buffers may be increased or decreased, as appropriate, depending on the bird species and the level of disturbance anticipated near the nest. Option A BIO-5: Prior to the initiation of construction, a qualified 1. Conduct a focused Qualified Botanist East Bay Prior to botanist shall conduct a focused survey for round-leaved filaree, survey for special Regional Park construction fragrant fritillary, and Santa Cruz tarplant within the construction status plants. District footprint during the appropriate blooming periods. A minimum of two 2. Develop and surveys shall be conducted: in March for fragrant fritillary and round- implement a salvage leaved filaree and in late summer/early fall (August–October) for Santa and recovery plan, if Cruz tarplant. The surveys shall be conducted in accordance with CDFW’s Protocols for Surveying and Evaluating Impacts to Special necessary. Status Native Plant Populations and Natural Communities. 3. Consult with CDFW.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing If an individual or population of round-leaved filaree, fragrant fritillary, and/or Santa Cruz tarplant is found during the focused botanical survey, the proposed development plan shall be reviewed to evaluate if the individual or population can be avoided. If the plants cannot be avoided, the District shall develop and implement a salvage and recovery plan for the affected species. The plan shall incorporate the following, at a minimum: • Preparation by a qualified botanist experienced in the development and implementation of native plant restoration, mitigation, and monitoring plans; • Salvage and/or recovery requirements, including clearly defined goals focusing on plant establishment (stability, succession, reproduction) and non-native species control measures; • Locations and procedures for restoration of salvaged materials or seeds; • Specification of a five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the project goals and performance standards are met. The monitoring program shall include provision for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the District and subject to approval by CDFW, shall document the success of the salvage and replanting effort. If replanting is not successful, an additional period of correction and monitoring shall be specified; and • Salvage and recovery plan shall specify maintenance requirements and the responsibility for implementation.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Cofferdams shall be constructed at the appropriate channel locations and no more than 20 feet upstream or downstream of the work area(s). Flows shall be diverted only when construction of the diversion coffer structure is completed. Cofferdams shall be constructed only from materials that will cause little or no siltation, such as clean gravel, sandbags (filled with clean sand), or sheet piling. Cofferdams shall be installed both upstream and downstream of the work area, in a manner adequate to prevent seepage into or out of the work area. Cofferdams shall be placed and removed by hand. The cofferdam dewatering system shall remain in place until all creek work is complete. Normal flows shall be restored to the affected stream immediately upon completion of work by removing the dewatering system. • The pump intakes shall be completely screened with wire mesh not larger than 5 millimeters (mm) to prevent California red-legged frogs and other aquatic vertebrates from entering the pump system. • The contractor and qualified biologist shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded, native aquatic life observed in the dewatering areas. Capture methods may include fish landing nets, dip nets, buckets, and or by hand. Captured native aquatic life shall be released downstream of the dewatered area. The biologist shall permanently remove any individuals or exotic species, such as bullfrogs, crayfish and centrarchid fishes, from the work area. • No heavy construction equipment, except for the pumps, shall be operated within the live stream.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option A BIO-7b: The District shall implement BMPs as recommended Implement measures to Project Contractor East Bay Prior to and or required by the Water Board to protect water quality. These protect water quality. and Water Board Regional Park During measures shall include the following: 1) a moratorium on grading District Construction during a rain event; 2) a requirement that erosion and sediment control measures be installed prior to unseasonable rain storms; 3) prohibiting erosion or sediment control measures within vegetated areas; 4) limiting the extent of disturbed soil to the minimum area that can be protected prior to a forecasted rain event and the minimum area needed to complete the proposed action; 5) delineating and protecting environmentally sensitive areas to prevent construction impacts; 6) installing natural fiber rolls as appropriate to control sediment and erosion (use of erosion control fabric containing plastic monofilament is prohibited); 7) spill and litter control; 8) control of fuels and other hazardous materials; 9) management of temporary sewage facilities to prevent water quality impacts; 10) liquid waste management; and 11) preserving existing vegetation wherever possible. Option A BIO-7c: All jurisdictional areas temporarily disturbed by Jurisdictional areas shall Project Contractor East Bay During and after construction (i.e., Agua Caliente Creek channel) shall be restored to be restored via grading, Regional Park construction their pre-project condition via grading and re-contouring. Disturbed re-contouring, and re- District portions of the stream channel and banks shall be re-vegetated with vegetating. native riparian species. Option A BIO-7d: All stream channel portions adjacent to, but outside Construction activities Qualified East Bay During of, the construction footprint shall be avoided during construction and shall avoid stream Biological Regional Park construction no fill shall be allowed to enter these areas. Exclusion fencing (i.e., silt channels and no fill Monitor District fence) shall be installed to mark the limits of the construction footprint. allowed to enter these The USFWS- and CDFW-qualified biological monitor for California areas. tiger salamander and California red-legged frog shall oversee the installation of the fencing and periodically monitor the work area to ensure avoidance of the stream channel. Option A BIO-7e: During project construction, no soil or other Implementation of Project Contractor East Bay During construction materials shall be stored in or allowed to enter the stream measures to stop soils Regional Park construction channel. All stockpiled fill and other materials shall be kept at least 50 from entering streams or District feet from the channel edge. channels.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option A BIO-8: All impacted trees shall be mitigated at a minimum 1. Coordinate with City Project Contractor East Bay During and after 1:1 replacement ratio. For each protected tree that is removed, in of Fremont. Regional Park construction accordance with the City of Fremont’s tree ordinance, the District shall 2. Trees will be District plant trees of a species and in a location approved by the City. If the replaced at a 1:1 site cannot fully accommodate the required mitigation plantings, the ratio. District shall pay a fee to the City in lieu of on-site replacement for each tree that is not replaced on site, which would be used to fund tree planting by the City. For the proposed project, it is expected that mitigation for tree removals under the City’s Tree Preservation Ordinance can be accomplished concurrently with the riparian restoration effort associated with the Option A culvert repair. D. CULTURAL RESOURCES Option A CUL-1a: Prior to development of the Option A site, a 1. Consultation with Qualified East Bay Prior to qualified archaeologist meeting the Secretary of the Interior’s Ohlone Archaeologist Regional Park construction Professional Qualifications Standards for archeology shall prepare a representative(s) District Treatment Plan (Plan) for the archaeological site identified at Option A. 2. Prepare a Treatment The purpose of the Plan is to serve as a guide to conducting data Plan for the recovery archaeological excavations and archaeological monitoring at archaeological site. Option A to ensure Option A does not result in a substantial adverse 3. Prepare a report of change in the significance of the historical resources. The Plan shall findings and submit include: 1) a description of the field and laboratory methods to be used to the District and at Option A; 2) a research design detailing important questions that can NWIC. be addressed from investigation of Option A; 3) archaeological and Native American monitoring procedures to be used during the construction of the project; and 4) protocols for treating archaeological deposits and human remains identified during construction. The Plan may also provide for reburial of the historical resources at the location of their discovery or in a location near the project site. An Ohlone representative or representatives shall be consulted as part of the Plan’s preparation to interpret resources found during construction of the project relative to pre-contact Native American traditions and lifeway and to provide input to the District regarding the treatment of these resources.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing The Plan shall be reviewed and approved by the District prior to project ground disturbance. The District shall set aside funds to be used exclusively for preparation and implementation of the Plan. The District shall be responsible for implementing the Plan.

Once the Plan has been implemented, a report of findings shall be prepared by a qualified archaeologist and submitted to the District for review and to the Northwest Information Center at Sonoma State University, consistent with professional reporting standards in cultural resources management. Option A CUL-1b: Should an archaeological deposit be encountered 1. Redirect construction Qualified East Bay During during project subsurface construction activities that is not associated upon encountering Archaeologist Regional Park construction with treatments prescribed under Option A Mitigation Measure CUL- archaeological District 1a, all ground-disturbing activities within 50 feet shall be redirected deposits. and a qualified archaeologist meeting the Secretary of the Interior’s 2. No collection or Professional Qualifications Standards for Archeology contacted to movement of assess the situation (if one is not already on-site), consult with agencies archaeological as appropriate and an Ohlone representative, and make recommenda- deposits. tions for the treatment of the discovery. If found to be significant (i.e., 3. Consultation with eligible for listing in the California Register of Historical Resources), Ohlone the District shall be responsible for funding and implementing representative(s). appropriate measures to ensure the project does not result in a substantial adverse change in the significance of the historic resources. Such measures may include recording the archaeological deposit, data recovery and analysis, and public outreach. Upon completion of the selected measures, a report documenting methods, findings, and recommendations shall be prepared and submitted to the District for review. Where consistent with the recommended treatments, significant archaeological materials shall be submitted to an appropriate curation facility or the District and used for public interpretive displays, as appropriate and in coordination with an Ohlone representative.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing The District shall inform its contractor(s) of the sensitivity of the project area for archaeological deposits and shall verify that the following directive has been included in the appropriate contract documents: “The subsurface of the construction site may be sensitive for archaeological deposits. If archaeological deposits are encountered during project subsurface construction and an archaeologist is not on site, all ground-disturbing activities within 50 feet shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any archaeological materials. Archaeological deposits can include shellfish remains; bones; flakes of, and tools made from, obsidian, chert, and basalt; and mortars and pestles.” Option A CUL-2: Should paleontological resources be encountered 1. Redirect construction Project East Bay Prior to and during project subsurface construction activities, all ground-disturbing upon encountering Contractor, Regional Park during activities within 50 feet shall be redirected and a qualified paleontolo- paleontological Qualified District construction gist contacted to assess the situation, consult with agencies as appropri- materials. Paleontologist, ate, and make recommendations for the treatment of the discovery. For 2. No collection or and East Bay purposes of this mitigation, a “qualified paleontologist” shall be an movement of Regional Park individual with the following qualifications: (1) a graduate degree in paleontological District paleontology or geology and/or a person with a demonstrated publica- materials. tion record in peer-reviewed paleontological journals; (2) at least two years of professional experience related to paleontology; (3) proficiency in recognizing fossils in the field and determining their significance; (4) expertise in local geology, stratigraphy, and biostratigraphy; and (5) experience collecting vertebrate fossils in the field. If found to be significant, and project activities cannot avoid the paleontological resources, measures shall be implemented to ensure that Option A does not destroy the paleontological resource.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the District for review, and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. Public educational outreach may also be appropriate.

The District shall inform its contractor(s) of the sensitivity of the project area for paleontological resources and shall verify that the following directive has been included in the appropriate contract documents: “The subsurface of the construction site may be sensitive for paleontological resources. If paleontological resources are encountered during project subsurface construction and a paleontologist is not on site, all ground-disturbing activities within 50 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Paleontological resources include fossil plants and animals, and such trace fossil evidence of past life as tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Paleontological resources also include plant imprints, petrified wood, and animal tracks.”

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option A CUL-3: Any human remains encountered during project 1. Redirect construction Project Contractor East Bay Prior to and ground-disturbing activities shall be treated in accordance with upon encountering Regional Park during California Health and Safety Code Section 7050.5 and CEQA human remains. District construction Guidelines section 15064.5(d). The District shall inform its 2. Notify the County activities contractor(s) of the sensitivity of the project sites for human remains by Coroner, qualified including the following directive in contract documents: archaeologist, and “If human remains are uncovered, work within 50 feet of the MLD. discovery shall be redirected and the County Coroner notified 3. No collection or immediately. At the same time, an archaeologist shall be contacted movement of human (if one is not already on site) to assess the situation and consult remains. with agencies as appropriate. Project personnel shall not collect or move any human remains or associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Work within 50 feet of the discovery can resume only after the MLD has inspected the site, provided recommendations, and the remains and associated grave goods removed from the site by a qualified archaeologist in consultation with the MLD” E. AGRICULTURAL AND FORESTRY RESOURCES There are no Option A impacts related to agricultural and forestry resources. F. MINERAL RESOURCES There are no Option A impacts related to mineral resources. G. GEOLOGY AND SOILS Option A GEO-1a: The District shall conduct annual inspections of the Conduct inspections of East Bay East Bay Following Option A staging area and document any indications of cracking or the staging area. Regional Park Regional Park completion of the deformation of pavements, flatwork, and slopes that may be the result District District project on an of slope instability. Any conditions that could result in hazards to users annual basis shall be promptly repaired.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option A Mitigation Measure GEO-1b: Prior to the issuance of any 1. Preparation of Geotechnical East Bay Prior to issuance site-specific grading or building permits, a design-level geotechnical design-level Engineer Regional Park of grading or plan shall be prepared by a licensed professional, and submitted to the geotechnical plan. District building permits City of Fremont for review and approval. The plan shall include a 2. Consultation with finding that the proposed development incorporates applicable City of Fremont. recommendations of the site-specific preliminary Geotechnical 3. Review and Investigations for the project or incorporates other comparable verification of measures that ensure all constructed slopes have a static factor of safety geotechnical report of at least 1.5 and a seismic factor of safety of at least 1.0 (confirmed and construction by slope stability modeling conducted by a qualified professional) and plans. the factor of safety of the existing landslide will not be significantly decreased by the project so as to adversely impact the stability of the area. The plan shall also include a finding that the proposed development and fully complies with the CBC. The District shall implement all recommendations in the final design–level geotechnical plan. In accordance with the CCR Title 14, Section 3724, prior to approving the project, the lead agency shall independently review the geotechnical report to determine that the nature and severity of the seismic hazards at the site have been evaluated and addressed. This review shall be conducted by a certified engineering geologist or registered civil engineer, having competence in the field of seismic and slope stability hazard evaluation and mitigation. In addition, as a condition of approval for grading permits, a qualified and licensed professional shall be required to be present as a construction monitor during clearing and grading of the project site to observe the stripping of deleterious material and to provide consultation, as required, to the grading contractor(s), ensuring compliance with the CBC and design- level geotechnical report recommendations. Option A GEO-2: Implement Option A Mitigation Measure GEO-1a. Conduct inspections of East Bay East Bay Prior to issuance the staging area. Regional Park Regional Park of grading or District District building permits

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing H. HYDROLOGY AND WATER QUALITY There are no Option A impacts related to hydrology and water quality. I. HAZARDS AND HAZARDOUS MATERIALS There are no Option A impacts related to hazards and hazardous materials. J. TRANSPORTATION AND CIRCULATION There are no Option A impacts related to transportation and circulation. K. AIR QUALITY Option A AIR-1: The District and project contractor shall follow the Compliance with Project Contractor East Bay During Basic Construction Mitigation Measures as designed and when required BAAQMD guidelines Regional Park construction by the BAAQMD, including: for control of fugitive District • All exposed surfaces (e.g., parking areas, staging areas, soil piles, dust emissions during graded areas, and unpaved access roads) shall be watered two times construction. per day. • All haul trucks transporting soil, sand, or other loose material off- site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Restroom building pad(s) shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage of this measure shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • A publicly visible sign with the telephone number and person to contact at the East Bay Regional Park District regarding dust complaints shall be posted at the site. This person shall respond and take corrective action in regard to complaints within 48 hours. L. GREENHOUSE GAS EMISSIONS There are no Option A impacts related to greenhouse gas emissions. M. NOISE Option A NOI-1: The District or project contractor shall implement the 1. Implementation of Project Contractor East Bay During following measures to reduce construction noise levels: noise reduction Regional Park Construction • Construction of the project shall comply with the City of Fremont's measures. District General Plan Policy 10-8.5 by: 2. Limit hours of o Ensuring that all construction equipment utilize appropriate construction sound muffling devices, which are properly maintained and activities. used at all times such equipment is in operation; o Placing stationary construction equipment so that emitted noise is directed away from the closest off-site sensitive receptors; o Locating on-site equipment staging areas so as to maximize the distance between construction-related noise sources and noise- sensitive receptors nearest the project site during construction, which could reduce construction noise by as much as 5 dBA; o Installing temporary noise barriers, such as sound cloths, as needed, could reduce construction noise by as much as 5 dBA; o Prohibiting extended idling time of internal combustion engines. • All noise producing construction activities, including warming-up or servicing equipment and any preparation for construction, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays and holidays. Sunday construction shall be prohibited.

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Table V-1: Mitigation Monitoring and Reporting Program – Option A Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing N. POPULATION AND HOUSING There are no Option A impacts related to population and housing. O. RECREATION There are no Option A impacts related to recreation. P. PUBLIC SERVICES There are no Option A impacts related to public services. Q. UTILITIES AND SERVICE SYSTEMS There are no Option A impacts related to utilities and service systems. Source: LSA Associates, Inc., 2016.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing A. LAND USE There are no Option B impacts related to land use. B. VISUAL RESOURCES There are no Option B impacts related to visual resources. C. BIOLOGICAL RESOURCES Option B BIO-1: The District shall implement the following measures 1. Consultation with Qualified East Bay 1. Prior to before, during, and after construction at the Option B site to avoid USFWS and/or Biologist and East Regional Park construction/ significant impacts to individual California tiger salamanders, CDFW. Bay Regional District ground California red-legged frogs, and Alameda striped racers. Additional 2. Implement measures Park District disturbance measures may be required by the USFWS and/or CDFW as part of the to avoid impacts to 2. During ESA and CESA permitting process. California tiger construction • A qualified biologist, experienced with California tiger salamanders, salamanders, 3. Following California red-legged frogs, and Alameda striped racers shall be California red-legged construction present onsite during all ground disturbing activities to search for frogs, and Alameda individuals that may be unearthed during excavation. The qualified striped racers. biologist shall have the authority to halt work, if a California tiger salamander, California red-legged frog, or Alameda striped racer is found onsite. California red-legged frogs, California tiger salamanders, and Alameda striped racers shall be removed from the construction area following the procedures specified in the State and federal listed species permits (i.e., Incidental Take Permit (section 2081 permit) and/or Section 7 Biological Opinion). The District shall report all discoveries of listed species in the construction areas to resource agencies according to the procedures specified in the State and federal listed species permits.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Prior to the initiation of ground disturbance, a qualified biologist shall conduct environmental awareness training for construction personnel, including all project representatives. Training sessions shall also be required for any new construction personnel before being allowed access to the site. At a minimum, the training shall include an overview of California tiger salamander, California red- legged frog, and Alameda striped racer biology (including habitat preference), their legal status under the federal ESA and CESA, and project-specific avoidance measures being implemented to avoid impacts on California tiger salamanders, California red-legged frogs, and Alameda striped racers. • Prior to the initiation of ground disturbance, temporary exclusion fencing shall be installed around the perimeter of the work area to prevent California tiger salamanders, California red-legged frogs, Alameda striped racers, and other wildlife from entering the work area during construction. The fence must be constructed of a material that is durable and has been approved by the USFWS and/or CDFW as suitable for preventing California red-legged frogs, California tiger salamanders, Alameda striped racers, and other vertebrates from passing under, over, around, or through the fence. The qualified biologist shall be on site during fence installation and initial site clearing and grubbing activities. The biologist shall inspect the fence daily during ground disturbing construction activities to ensure it is properly maintained and functioning to exclude California tiger salamanders, California red- legged frogs, Alameda striped racers, and other wildlife from the work area. The fence shall remain in place until all construction is completed and equipment is demobilized. • To prevent inadvertent entrapment of wildlife during construction, all excavated, steep-walled holes or trenches more than 3-inches deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks with a slope of 2:1. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Construction activities shall be limited to periods of low rainfall (less than 0.25 inch per 24-hour period and less than 40 percent chance of rain). The project biologist shall consult the 72-hour weather forecasts from the National Weather Service (NWS) prior to the startup of any ground disturbing activities on the project site. Construction activities shall cease 24 hours prior to a 40 percent or greater forecast of rain from the NWS. Construction may continue 24 hours after the rain ceases provided that there is no precipitation in the 24-hour forecast. Contractor specifications shall include the following worker restrictions and guidelines, at a minimum: o Construction personnel and vehicles shall stay within designated work areas. Entry into adjacent Preserve lands or established exclusion zones shall be strictly prohibited. o All work areas shall be maintained in clean condition. All trash (e.g., food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) shall be placed in closed containers and properly disposed off-site. o No pets or firearms shall be allowed on site. o All vehicles and equipment shall be refueled and/or lubricated in a designated area at least 100 feet from aquatic habitats. o In the event a special-status species is inadvertently killed or injured or if a special-status species is observed to be injured, dead, or entrapped, the contractor shall immediately notify the District's construction inspector, who will stop work and notify the USFWS and CDFW. • As part of the project’s Stormwater Pollution Prevention Plan (SWPPP) implementation, the District shall include in the specifications a requirement to use tightly woven fiber of natural materials (e.g., coir rolls or mats) or similar material for erosion control to ensure that special-status species do not get trapped. Plastic mono-filament netting (erosion control matting) or similar material shall be prohibited.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Upon completion of construction, construction work areas shall be restored to pre-project grades and contours and stabilized to prevent erosion. A seed mix of native and naturalized grass and forb species shall be applied to all of the grassland areas disturbed by the project. The seed shall be from sources that are regionally appropriate for the site. Option B BIO-2a: To compensate for the permanent loss of California 1. Consultation with East Bay East Bay During and after tiger salamander upland habitat, and ensure Option B would not result USFWS and/or Regional Park Regional Park construction in a substantial adverse effect on this habitat, the District shall preserve CDFW. District District or purchase in-kind grassland habitat that is known to provide upland 2. Provide upland habitat for California tiger salamanders at a minimum 3:1 ratio of area habitat for CTS at a preserved to area impacted. Compensatory mitigation may be minimum 3:1 ratio of accomplished through one of the following options: area preserved to • Establishing a conservation easement or deed restriction on or off area impacted. site in a suitable location and providing adequate funding for 3. Provide management and monitoring of the property in perpetuity. Ideally, compensatory the conservation easement or other appropriate restriction would be mitigation for loss of placed elsewhere in the Mission Peak Regional Preserve. Lands CTS habitat. placed in a conservation easement or other appropriate deed restriction must be documented to support California tiger salamanders through observation of California tiger salamander larvae in a breeding pond on or immediately adjacent to the grassland area. The breeding pond, if not on the parcel to be acquired as mitigation, must also be preserved in a conservation easement or be located on preserved land (County or State park) to ensure the viability of the grassland as California tiger salamander upland habitat. Breeding ponds must be documented to regularly produce California tiger salamander metamorphs to be considered successful breeding ponds; • Depositing funds into an USFWS and CDFW approved in-lieu fee program; or • Purchasing credits in a USFWS and CDFW approved conservation bank in Alameda County.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option B BIO-2b: To compensate for the permanent loss of Alameda 1. Consultation with East Bay East Bay During and after striped racer habitat, and ensure Option B will not have a substantial USFWS and/or Regional Park Regional Park construction adverse effect on this habitat, the District shall preserve or purchase in- CDFW. District District kind grassland habitat that is known to provide upland habitat for 2. Provide upland Alameda striped racers at a minimum 3:1 ratio of area preserved to area habitat for Alameda impacted. Compensatory mitigation may be accomplished through one striped racer at a of the following options: minimum 3:1 ratio of • Establishing a conservation easement or deed restriction on or off area preserved to site in a suitable location and providing adequate funding for area impacted. management and monitoring of the property in perpetuity. Ideally, 3. Provide the conservation easement or deed restriction would be placed compensatory elsewhere in the Mission Peak Regional Preserve. Lands placed in a mitigation for loss of conservation easement or deed restriction must be documented to Alameda striped support Alameda striped racers through observation of Alameda racer habitat. striped racers on or adjacent to the grassland area; • Depositing funds into an USFWS and CDFW approved in-lieu fee program; • Purchasing credits in a USFWS and CDFW approved conservation bank in Alameda County; or • Entering into a mitigation agreement with USFWS and CDFW and providing adequate funding for management and monitoring of the terms of the agreement for perpetuity. Option B BIO-3: No more than 14 days prior to any ground disturbing 1. Consultation with Project Contractor East Bay 14 days prior to activities, a qualified biologist shall conduct a preconstruction/take CDFW. and Qualified Regional Park any ground- avoidance survey for burrowing owls using methods described in 2. Conduct Biologist District disturbing Appendix D of the CDFW Staff Report on Burrowing Owl Mitigation preconstruction activities (Staff Report). If no burrowing owls are detected during the initial take surveys to determine avoidance survey, a final survey shall be conducted within 24 hours the presence of prior to ground disturbance to confirm that owls are still absent. burrowing owls. 3. If owls are found, conduct exclusion measures.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing If take avoidance surveys conducted during the non-breeding season (September 1 to January 31) identify any burrowing owls within the construction footprint, individuals may be excluded from burrows using one-way doors provided that a Burrowing Owl Exclusion Plan is developed and approved by CDFW prior to implementation. Given the availability of suitable burrows in lands adjacent to the Option B site, passive relocation of owls at Mission Peak is not expected to significantly reduce the reproductive potential of the local population. Any burrow exclusion efforts shall be monitored prior to, during, and after exclusion of burrowing owls from burrows to ensure that substantial adverse effects are avoided. If burrow exclusion will occur immediately after the end of the breeding season, daily monitoring shall be conducted for one week prior to the exclusion to confirm that any young of the year have fledged. Monitoring efforts will be overseen by CDFW and reporting requirements shall be identified in the Burrowing Owl Exclusion Plan.

If burrowing owls are found within the construction footprint during the breeding season, occupied burrows shall be avoided by establishing buffers around the burrows in which no work shall be allowed until a qualified biologist has determined that the nest attempt has failed or that young have fledged and can forage independently of the adults. A minimum buffer of at least 250 feet shall be maintained during the breeding season around active burrows. Burrowing owls present on site after February 1 shall be assumed to be nesting on or adjacent to the site unless focused monitoring by a qualified biologist familiar with burrowing owl reproductive behavior indicates that the observed individual is unpaired or that egg-laying has not yet begun. A Burrowing Owl Exclusion Plan will be developed and approved by CDFW prior to implementation.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing In the event that burrowing owls are present on the site, CDFW may also require compensatory mitigation as part of the approval for the passive relocation. The compensatory mitigation would provide protected habitat for burrowing owls. Option B Mitigation Measure BIO-2, which requires lands to be preserved at a 3:1 ratio to compensate for the loss of California tiger salamander habitat, could also compensate for the loss of burrowing owl habitat provided that burrows are present and vegetation is kept short during the burrowing owl breeding season. Compensatory mitigation lands for burrowing owls would be required to be approved by CDFW and satisfy applicable habitat requirements. Option B BIO-4: To the extent feasible, vegetation removal activities 1. Review of Project Contractor East Bay During shall occur during the non-nesting season (September 1 to January 31). preconstruction and Qualified Regional Park construction For any construction activities conducted during the nesting season, a survey prior to Biologist District qualified biologist (i.e., experienced in searching for passerine nests in initiation of oak woodland and other habitats) shall conduct a preconstruction nest construction. survey of all trees or other suitable nesting habitat in and within 250 2. Consult with CDFW. feet of the limits of work. The survey shall be conducted no more than 15 days prior to the start of work. If the survey indicates the presence of 3. Review of buffer nesting birds, the biologist shall determine an appropriately sized buffer design and around the nest in which no work shall be allowed until the young have implementation, successfully fledged. The size of the nest buffer shall be determined by prior to construction the biologist in consultation with the CDFW and shall be based on the and throughout the nesting species and its sensitivity to disturbance. In general, buffer sizes construction period. of up to 250 feet for raptors and 50 feet for other birds should suffice to prevent substantial disturbance to nesting birds, but these buffers may be increased or decreased, as appropriate, depending on the bird species and the level of disturbance anticipated near the nest.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option B BIO-5: Prior to the initiation of construction, a qualified 1. Conduct a focused Qualified Botanist East Bay Prior to botanist shall conduct a focused survey for round-leaved filaree, survey for special Regional Park construction fragrant fritillary, and Santa Cruz tarplant within the construction status plants. District footprint during the appropriate blooming periods. A minimum of two 2. Develop and surveys shall be conducted: in March for fragrant fritillary and round- implement a salvage leaved filaree and in late summer/early fall (August–October) for Santa and recovery plan, if Cruz tarplant. The surveys shall be conducted in accordance with CDFW’s Protocols for Surveying and Evaluating Impacts to Special necessary. Status Native Plant Populations and Natural Communities. 3. Consult with CDFW. If an individual or population of round-leaved filaree, fragrant fritillary, and/or Santa Cruz tarplant is found during the focused botanical survey, the proposed development plan shall be reviewed to evaluate if the individual or population can be avoided. If the plants cannot be avoided, the District shall develop and implement a salvage and recovery plan for the affected species The plan shall incorporate the following: • Preparation by a qualified botanist experienced in the development and implementation of native plant restoration, mitigation, and monitoring plans; • Salvage and/or recovery requirements, including clearly defined goals focusing on plant establishment (stability, succession, reproduction) and non-native species control measures; • Locations and procedures for restoration of salvaged materials or seeds; • Specification of a five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the project goals and performance standards are met. The monitoring program shall include provision for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the District and subject to approval by CDFW, shall document the success of the salvage and replanting effort. If replanting is not successful, an additional period of correction and monitoring shall be specified; and • Salvage and recovery plan shall specify maintenance requirements and the responsibility for implementation.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing • Cofferdams shall be constructed at the appropriate channel locations and no more than 20 feet upstream or downstream of the work area(s). Flows shall be diverted only when construction of the diversion coffer structure is completed. Cofferdams shall be constructed only from materials that will cause little or no siltation, such as clean gravel, sandbags (filled with clean sand), or sheet piling. Cofferdams shall be installed both upstream and downstream of the work area, in a manner adequate to prevent seepage into or out of the work area. Cofferdams shall be placed and removed by hand. The cofferdam dewatering system shall remain in place until all creek work is complete. Normal flows shall be restored to the affected stream immediately upon completion of work by removing the dewatering system. • The pump intakes shall be completely screened with wire mesh not larger than 5 millimeters (mm) to prevent California red-legged frogs and other aquatic vertebrates from entering the pump system. • The contractor and/or biologist shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded, native aquatic life observed in the dewatering areas. Capture methods may include fish landing nets, dip nets, buckets, and or by hand. Captured native aquatic life shall be released downstream of the dewatered area. The qualified biologist shall permanently remove any individuals of exotic species, such as bullfrogs, crayfish and centrarchid fishes, from the work area. • No heavy construction equipment, except for the pumps, shall be operated within the live stream.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option B BIO-7b: The District shall implement BMPs as recommended Implementation of Project Contractor East Bay Prior to and or required by the Water Board to protect water quality. These measures to protect and Water Board Regional Park During measures shall include the following: 1) a moratorium on grading water quality. District Construction during a rain event; 2) a requirement that erosion and sediment control measures be installed prior to unseasonable rain storms; 3) prohibiting erosion or sediment control measures within vegetated areas; 4) limiting the extent of disturbed soil to the minimum area that can be protected prior to a forecasted rain event and the minimum area needed to complete the proposed action; 5) delineating and protecting environmentally sensitive areas to prevent construction impacts; 6) installing natural fiber rolls as appropriate to control sediment and erosion (use of erosion control fabric containing plastic monofilament is prohibited); 7) spill and litter control; 8) control of fuels and other hazardous materials; 9) management of temporary sewage facilities to prevent water quality impacts; 10) liquid waste management; and 11) preserving existing vegetation wherever possible. Option B BIO-7c: All jurisdictional areas temporarily disturbed by Jurisdictional areas shall Project Contractor East Bay During and after construction (i.e., Agua Caliente Creek channel) shall be restored to be restored via grading, Regional Park construction their pre-project condition via grading and re-contouring. Disturbed re-contouring, and re- District portions of the stream channel and banks shall be re-vegetated with vegetating. native riparian species. Option B BIO-7d: All stream channel portions adjacent to, but outside Construction activities Qualified East Bay During of, the construction footprint shall be avoided during construction and shall avoid stream Biological Regional Park construction no fill shall be allowed to enter these areas. Exclusion fencing (i.e., silt channels and no fill Monitor District fence) shall be installed to mark the limits of the construction footprint. allowed to enter these The USFWS- and CDFW-approved biological monitor for California areas. tiger salamander and California red-legged frog (see Option A Mitigation Measure BIO-1) shall oversee the installation of the fencing and periodically monitor the work area to ensure avoidance of the stream channel. Option B BIO-7e: During project construction, no soil or other Implementation of Project Contractor East Bay During construction materials shall be stored in or allowed to enter the stream measures to stop soils Regional Park construction channel. All stockpiled fill and other materials shall be kept at least 50 from entering streams or District feet from the channel edge. channels.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option B BIO-8: All impacted trees will be mitigated at a minimum 1:1 1. Coordinate with City Project Contractor East Bay During and after replacement ratio. For each protected tree that is removed, in of Fremont. Regional Park construction accordance to the City of Fremont’s tree ordinance, the District shall 2. Trees will be District plant trees of a species and in a location approved by the City. If the replaced at a 1:1 site cannot fully accommodate the required mitigation plantings, the ratio. District shall pay a fee to the City in lieu of on-site replacement for each tree that is not replaced on site. For the proposed project, mitigation for tree removals under the City’s Tree Preservation Ordinance can is expected to accomplished concurrently with the riparian restoration effort associated with the Option B culvert removal D. CULTURAL RESOURCES Option B CUL-1a: Prior to development of Option B, a qualified 1. Consultation with Qualified East Bay Prior to archaeologist meeting the Secretary of the Interior’s Professional Ohlone Archaeologist Regional Park construction Qualifications Standards for archeology shall prepare a Treatment Plan representative(s) District (Plan) for CA-ALA-431. The purpose of the Plan is to serve as a guide 2. Prepare a Treatment to conducting data recovery archaeological excavations and archaeo- Plan for the logical monitoring at CA-ALA-431 to ensure Option B does not result archaeological site. in a substantial adverse change in the significance of the historical 3. Prepare a report of resources. The Plan shall include: 1) a description of the field and findings and submit laboratory methods to be used at CA-ALA-431; 2) a research design to the District and detailing important questions that can be addressed from investigation NWIC. of CA-ALA-431; 3) archaeological and Native American monitoring procedures to be used during the construction of the project; and 4) protocols for treating archaeological deposits and human remains identified during construction. The Plan may also include reburial of the historical resources at the location of their discovery or in a location near the project site.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing An Ohlone representative or representatives shall be consulted as part of the Plan’s preparation to interpret resources found during construction of the project relative to pre-contact Native American traditions and lifeway and to provide input to the District regarding the treatment of these resources. The Plan shall be reviewed and approved by the District prior to project ground disturbance. The District shall set aside funds to be used exclusively for preparation and implementation of the Plan. The District shall be responsible for implementing the Plan.

Once the Plan has been implemented, a report of findings shall be prepared by a qualified archaeologist and submitted to the District for review and to the Northwest Information Center at Sonoma State University, consistent with professional reporting standards in cultural resources management. Option B CUL-1b: Should an archaeological deposit be encountered 1. Redirect construction Qualified East Bay During during project subsurface construction activities that is not associated upon encountering Archaeologist Regional Park construction with treatments prescribed under Option B Mitigation Measure CUL- archaeological District 1a, all ground-disturbing activities within 50 feet shall be redirected deposits. and a qualified archaeologist meeting the Secretary of the Interior’s 2. No collection or Professional Qualifications Standards for Archeology contacted to movement of assess the situation (if one is not already on-site), consult with archaeological agencies as appropriate, and an Ohlone representative, and make deposits. recommendations for the treatment of the discovery. If found to be 3. Consultation with significant (i.e., eligible for listing in the California Register of Ohlone Historical Resources), the District shall be responsible for funding representative(s). and implementing appropriate measures to ensure the project does not result in a substantial adverse change in the significance of the historic resources. Such measures may include recording the archaeological deposit, data recovery and analysis, and public outreach.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Upon completion of the selected measures, a report documenting methods, findings, and recommendations shall be prepared and submitted to the District for review. Where consistent with the recommended treatments, significant archaeological materials shall be submitted to an appropriate curation facility or the District and used for public interpretive displays, as appropriate and in coordination with an Ohlone representative.

The District shall inform its contractor(s) of the sensitivity of the project area for archaeological deposits and shall verify that the following directive has been included in the appropriate contract documents:

“The subsurface of the construction site may be sensitive for archaeological deposits. If archaeological deposits are encountered during project subsurface construction and an archaeologist is not on site, all ground-disturbing activities within 50 feet shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any archaeological materials. Archaeological deposits can include shellfish remains; bones; flakes of, and tools made from, obsidian, chert, and basalt; and mortars and pestles.”

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing Option B CUL-2: Should paleontological resources be encountered 1. Redirect construction Project East Bay Prior to and during project subsurface construction activities, all ground-disturbing upon encountering Contractor, Regional Park during activities within 50 feet shall be redirected and a qualified paleontolo- paleontological Qualified District construction gist contacted to assess the situation, consult with agencies as appropri- materials. Paleontologist, ate, and make recommendations for the treatment of the discovery. For 2. No collection or and East Bay purposes of this mitigation, a “qualified paleontologist” shall be an movement of Regional Park individual with the following qualifications: (1) a graduate degree in paleontological District paleontology or geology and/or a person with a demonstrated publica- materials. tion record in peer-reviewed paleontological journals; (2) at least two years of professional experience related to paleontology; (3) proficiency in recognizing fossils in the field and determining their significance; (4) expertise in local geology, stratigraphy, and biostratigraphy; and (5) experience collecting vertebrate fossils in the field. If found to be significant, and project activities cannot avoid the paleontological resources, measures shall be implemented to ensure that Option B does not destroy the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the District for review, and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. Public educational outreach may also be appropriate.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing The District shall inform its contractor(s) of the sensitivity of the project area for paleontological resources and shall verify that the following directive has been included in the appropriate contract documents: “The subsurface of the construction site may be sensitive for paleontological resources. If paleontological resources are encountered during project subsurface construction and a paleontologist is not on site, all ground-disturbing activities within 50 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Paleontological resources include fossil plants and animals, and such trace fossil evidence of past life as tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Paleontological resources also include plant imprints, petrified wood, and animal tracks.”

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing G. GEOLOGY AND SOILS Option B Mitigation Measure GEO-1a: Prior to the issuance of any 1. Preparation of Geotechnical East Bay Prior to issuance site-specific grading or building permits, a design-level geotechnical design-level Engineer Regional Park of grading or plan shall be prepared by a licensed professional, and submitted to the geotechnical plan. District building permits City of Fremont for review and approval. The plan shall include a 2. Review and finding that the proposed development incorporates applicable recom- verification of mendations of the site-specific preliminary Geotechnical Investigations geotechnical report for the project and fully complies with the CBC. If recommended by the final design–level geotechnical plan, recommended geotechnical and construction improvement measures for detention pond slopes, including reconfigur- plans. ing the detention pond slope, keyways constructed below the toe of the downgradient slope, and layered geogrid in the constructed slope shall be implemented. Applicable recommendations, design criteria, and specifications set forth in the site-specific preliminary Geotechnical Investigations shall be implemented and all recommendations, design criteria, and specifications set forth in the design-level geotechnical plan shall be implemented. If the final design-level geotechnical plan does not include all recommendations of the preliminary Geotechnical Investigations, it must include any measures needed to ensure all constructed slopes have a static factor of safety of at least 1.5 and a seismic factor of safety of at least 1.0 (confirmed by slope stability modeling conducted by a qualified professional). In addition, as a condition of approval for grading permits, a qualified and licensed professional shall be required to be present as a construction monitor during clearing and grading of the project site to observe the stripping of deleterious material and to provide consultation, as required, to the grading contractor(s), ensuring compliance with the CBC and design- level geotechnical report recommendations. Option B GEO-2: The District shall conduct annual inspections of the Inspections of the East Bay East Bay Following Option B staging area and document any indications of cracking or staging area. Regional Park Regional Park completion of the deformation of pavements or flatwork. Any conditions that could result District District project on an in hazards to users of the facility or could contribute to continued annual basis deformation shall be promptly repaired.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing H. HYDROLOGY AND WATER QUALITY Option B HYD-1: As a condition of approval of the final grading plan, 1. Prepare and submit Project East Bay Prior to issuance of the District shall prepare and submit a detailed bridge design report (for detailed bridge Contractor/ East Regional Park grading permit both the vehicular and pedestrian bridges) to the City of Fremont for design report. Bay Regional District review and approval. The report shall be prepared by a qualified 2. Coordinate with City Park District/ professional engineer. The report shall present details of the bridge of Fremont. Qualified design, including locations of abutments (and associated piers), and Engineer ensure that the bridge does not encroach into the channel of the creek or create an obstruction to the flow of water in the creek. The report shall also include supporting calculations that confirm that the channel and the proposed bridge configurations can pass the 100-year flood flow and the SWPPP shall include measures to ensure that grading and excavation does not encroach beyond the top of bank (e.g., exclusion fencing, monitoring). Option B HYD-2: Implement Option B Mitigation Measure HYD-1. 1. Prepare and submit Project East Bay Prior to issuance of detailed bridge Contractor/East Regional Park grading permit design report. Bay Regional District 2. Coordinate with City Park District/ of Fremont. Qualified Engineer I. HAZARDS AND HAZARDOUS MATERIALS There are no Option B impacts related to hazards and hazardous materials. J. TRANSPORTATION AND CIRCULATION There are no Option B impacts related to transportation and circulation.

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Table V-2: Mitigation Monitoring and Reporting Program – Option B Party Party Responsible for Responsible for or Ensuring or Ensuring Implementation Implementation Mitigation Measures Actions of Mitigation of Monitoring Timing K. AIR QUALITY Option B AIR-1: The District and project contractor shall follow Basic Compliance with Project Contractor East Bay During Construction Mitigation Measures as designed and when required by BAAQMD guidelines Regional Park construction the BAAQMD, including: for control of fugitive District • All exposed surfaces (e.g., parking areas, staging areas, soil piles, dust emissions during graded areas, and unpaved access roads) shall be watered two times construction. per day. • All haul trucks transporting soil, sand, or other loose material off- site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Restroom building pad(s) shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage of this measure shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign with the telephone number and person to contact at the East Bay Regional Park District regarding dust complaints shall be posted at the site. This person shall respond and take corrective action in regard to complaints within 48 hours. L. GREENHOUSE GAS EMISSIONS There are no Option B impacts related to greenhouse gas emissions.

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CEQA FINDINGS FOR THE STANFORD AVENUE STAGING AREA EXPANSION PROJECT AT MISSION PEAK REGIONAL PRESERVE The following findings are hereby adopted by the East Bay Regional Park District (EBRPD) Board of Directors (“Board”) for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve (“Project”) in accordance with the California Environmental Quality Act (“CEQA”), Public Resources Code sections 21081, 21081.5, and 21081.6, and CEQA Guidelines, Title 14, California Code of Regulations sections 15091 through 15093. These findings summarize the environmental analysis and conclusions of the August 26, 2016 Final Environmental Impact Report, which included the October 16, 2015 Draft EIR, the Response to Comments on the Draft EIR, and the Mitigation, Monitoring and Reporting Program (“MMRP”) (collectively referred to herein as “the Final EIR”). The EBRPD Board of Directors certified the EIR and adopted the MMRP following a public hearing on September 20, 2016. As stated in the adopted resolution, the EBRPD Board of Directors certified the EIR which analyzed environmental impacts, recommended mitigation measures, and concluded that with implementation of the recommended mitigation measures, all potentially significant impacts would be reduced to a less than significant level. Because the EBRPD Board of Directors has adopted the MMRP which includes all of the mitigation measures recommended in the EIR, and because the Final EIR includes analysis of how the mitigation measures will reduce potentially significant impacts to an insignificant level, and there are no significant and unavoidable impacts, the EBRPD Board of Directors is not required to adopt separate CEQA Findings or a Statement of Overriding Considerations. Nonetheless, to provide additional clarity regarding the EBRPD Board of Director’s decision making process, these Findings summarize the analysis and conclusions set forth in the EIR and considered by the Board of Directors in reviewing the Project. A. PLANNING AND ENVIRONMENTAL REVIEW PROCESS The proposed Project is intended to provide additional parking and restrooms to better accommodate park visitor demand for trail access from the existing Stanford Avenue Staging Area. It is anticipated that developing a new staging area at this location will help to reduce existing noise, trash, and safety issues on neighborhood streets resulting from visitors parking on public streets, and that visitors would be better served by a more appropriate level of parking and additional restrooms. The Project will add new restrooms, a kiosk, picnic tables, and utility and landscaping improvements. The Project will also provide a maximum of 300 new parking spaces. The history of EBRPD’s planning and environmental review process for the Project is set forth in detail in the Final EIR, and summarized below. The environmental review for the Project included substantial opportunity for public comment, including the following public meetings: (i) November 8, 2012: The District conducted a public scoping meeting and received public comments on the scope of the environmental review and alternatives to be considered in the EIR. (ii) November 9, 2015: The District conducted a public information and input meeting on the Draft EIR. A transcript of this meeting was prepared and all public comments made during the meeting were responded to in the Final EIR. (iii) September 2, 2016: The District Board of Directors Executive Committee received public comments on the Project and EIR at its regularly scheduled public meeting; (iv) September 20, 2016: The District Board of Directors held a public hearing and received public comments on the Final EIR and proposed Project. The District published a Notice of Preparation of an EIR on October 22, 2012. The 30-day public comment period closed on November 22, 2012 and the District conducted a public scoping meeting on

78 November 08, 2012. The comments received during the public comment period and at the public scoping meeting were utilized to focus impact analysis and develop the list of project alternatives considered in the Draft EIR. The District published a Notice of Availability of the Draft EIR on October 16, 2015. The 45-day public comment period was set to close on November 30, 2015. In response to requests from the public, the District extended the public comment period to December 15, providing a 60-day public comment period. The District conducted a public information and input meeting on the Draft EIR on November 9, 2015. A total of 84 comment letters were received on the Draft EIR along with a change.org petition initiated by the Ohlone Federation. Combined with public comment received at the public information and input meeting, a total of 585 discrete comments were submitted on the Draft EIR. The Final EIR was made available to the public and provided to the Board on August 26, 2016. The Final EIR consists of the October 16, 2015 Draft EIR and the Response to Comments document, which contains copies of all written and verbal comments received during the 60-day comment period, a list of commenters, all responses to written and verbal comments, minor changes made to the Draft EIR to clarify text in response to comments, and the MMRP. The analysis and conclusions contained in the Final EIR reflect the independent judgment of EBRPD. The Board of Directors reviewed and considered the information contained in the Final EIR prior to acting on the Project. On September 2, 2016, the Board Executive Committee voted unanimously to forward a recommendation to the Board of Directors to certify the Environmental Impact Report for the Stanford Avenue Staging Area Expansion Project at Mission Peak Regional Preserve; adopt the Mitigation, Monitoring, and Reporting Program; and approve the Project at the “Option A” location. Throughout the EIR process, public documents have been made available at local libraries, the District’s Mission Peak webpage, and at the District’s Administrative Office. Information about the proposed project and the EIR has also been provided on the District’s Mission Peak Facebook page. B. FINDINGS ON POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS OF THE PROJECT THAT ARE REDUCED TO A LEVEL OF “LESS THAN SIGNIFICANT” BY THE MITIGATION MEASURES ADOPTED FOR THE PROJECT AND FACTS IN SUPPORT OF FINDINGS The Final EIR identifies the following potentially significant impacts associated with the Project, which are reduced to a “less-than-significant” level by mitigation measures identified in the Final EIR. It is hereby determined that the potentially significant environmental impacts which these mitigation measures address will be mitigated to a less-than-significant level by incorporation of the mitigation measures into the Project. The impacts and related mitigation measures identified below are presented in summary form. For a detailed description of impacts and mitigation measures, see the appropriate text in the Final EIR. 1. Biological Resources a. Impact BIO-1: Development of the Option A site could result in take of California tiger salamander, California red-legged frog, and/or Alameda striped racer. i. Mitigation Measure BIO-1: The District shall implement the following measures before, during, and after construction at the Option A site to avoid significant impacts to individual California tiger salamanders, California red-legged frogs, and Alameda striped racers. Additional measures may be required by the USFWS and/or CDFW as part of the Endangered Species Act (ESA) and California Endangered Species Act (CESA) permitting process:

79  A qualified biologist, experienced with California tiger salamanders, California red-legged frogs, and Alameda striped racers shall be present onsite during all ground disturbing activities to search for salamanders and frogs that may be unearthed during excavation. The biological monitor(s) shall have the authority to halt work if a California tiger salamander, California red-legged frog, or Alameda striped racer is found onsite. California red-legged frogs, California tiger salamanders, and/or Alameda striped racers shall be removed from the construction area following the procedures specified in the State and federal listed species permits (i.e., Incidental Take Permit (section 2081 permit) and/or Section 7 Biological Opinion). The District shall report all discoveries of listed species in the construction areas to resource agencies according to the procedures specified in the State and federal listed species permits.  Prior to the initiation of ground disturbance, a qualified biologist shall conduct environmental awareness training for construction personnel, including all project representatives. Training sessions shall also be required for any new construction personnel before being allowed access to the site. At a minimum, the training shall include an overview of California tiger salamander, California red-legged frog, and Alameda striped racer biology (including habitat preference), their legal status under the federal ESA and CESA, and project- specific avoidance measures being implemented to avoid impacts on California tiger salamanders, California red-legged frogs, and Alameda striped racers.  Prior to the initiation of ground disturbance, temporary exclusion fencing shall be installed around the perimeter of the work area to prevent California tiger salamanders, California red-legged frogs, Alameda striped racers, and other wildlife from entering the work area during construction. The fence must be constructed of a material that is durable and has been approved by the USFWS and/or CDFW as suitable for preventing frogs, salamanders, and snakes from passing under, over, around, or through the fence. The qualified biologist shall be on site during fence installation and initial site clearing and grubbing activities. The biologist shall inspect the fence daily during ground disturbing construction activities to ensure it is properly maintained and functioning to exclude California tiger salamanders, California red-legged frogs, Alameda striped racers, and other wildlife from the work area. The fence shall remain in place until all construction is completed and equipment is demobilized.  To prevent inadvertent entrapment of wildlife during construction, all excavated, steep-walled holes or trenches more than 3-inches deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks with a slope of 2:1. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals.  Construction activities shall be limited to periods of low rainfall (less than 0.25 inch per 24-hour period and less than 40 percent chance of rain). The Project biologist shall consult the 72-hour weather forecasts from the National Weather Service (NWS) prior to the startup of any ground disturbing activities on the project site. Construction activities shall cease 24 hours prior to a 40 percent or greater forecast of rain from the NWS. Construction may continue 24 hours after the rain ceases provided that there is no precipitation in the 24-hour forecast. Contractor specifications shall include the following worker restrictions and guidelines, at a minimum:

80 o Construction personnel and vehicles shall stay within designated work areas. Entry into adjacent Preserve lands or established exclusion zones shall be strictly prohibited. o All work areas shall be maintained in clean condition. All trash (e.g., food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) shall be placed in closed containers and properly disposed off-site. o No pets or firearms shall be allowed on site. o All vehicles and equipment shall be refueled and/or lubricated in a designated area at least 100 feet from aquatic habitats. o In the event a special-status species is inadvertently killed or injured or if a special-status species is observed to be injured, dead, or entrapped, the contractor shall immediately notify the District, work shall stop, and the District shall notify the USFWS and CDFW.  As part of the Project’s Stormwater Pollution Prevention Plan (SWPPP) implementation, the District shall include in the specifications a requirement to use tightly woven fiber of natural materials (e.g., coir rolls or mats) or similar material for erosion control to ensure that special-status species do not get trapped. Plastic mono-filament netting (erosion control matting) or similar material shall be prohibited.  Upon completion of construction, construction work areas shall be restored to pre- project grades and contours and stabilized to prevent erosion. A seed mix of native and naturalized grass and forb species shall be applied to all of the grassland areas disturbed by the Project. The seed shall be from sources that are regionally appropriate for the site. ii. Finding: Implementation of mitigation measure BIO-1 would reduce potential direct impacts to California tiger salamander, red-legged frogs, and Alameda striped racers to a less-than-significant level by implementing practices and procedures during construction of the project that would ensure development of the Option A site would not have substantial adverse effects on these species. Biological monitoring, measures to prevent erosion, training and requirements for workers at the site, limitations on construction during wet weather, and fencing to prevent protected species from entering the Project site all are designed and would effectively prevent substantial adverse effects on California tiger salamander, red-legged frogs, and Alameda striped racers. The Board finds mitigation measure BIO-1 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant direct impact of the Project on these protected species. b. Impact BIO-2: Development of the Option A site would result in the permanent loss of upland habitat for California tiger salamander and Alameda striped racer. i. Mitigation Measure BIO-2a: To compensate for the permanent loss of California tiger salamander upland habitat and thus ensure Option A will not have a substantial adverse effect on its habitat, the District shall preserve or purchase in-kind grassland habitat that is known to provide upland habitat for California tiger salamanders at a minimum 3:1 ratio of area preserved to area impacted. Compensatory mitigation may be accomplished through one of the following options:

81  Establishing a conservation easement or deed restriction on or off site in a suitable location for California tiger salamander and providing adequate funding for management and monitoring of the property in perpetuity. Ideally, the conservation easement would be placed elsewhere in the Mission Peak Regional Preserve. Lands placed in a conservation easement must be documented to support California tiger salamanders through observation of California tiger salamander larvae in a breeding pond on or immediately adjacent to the grassland area. The breeding pond, if not on the parcel to be acquired as mitigation, must also be preserved in a conservation easement or other appropriate land use restriction instrument or be located on preserved land (County or State park) to ensure the viability of the grassland as California tiger salamander upland habitat. Breeding ponds must be documented to regularly produce California tiger salamander metamorphs to be considered successful breeding ponds;  Depositing funds into an USFWS and CDFW approved in-lieu fee program; or  Purchasing credits in a USFWS and CDFW approved conservation bank in Alameda County. ii. Mitigation Measure BIO-2b: To compensate for the permanent loss of Alameda striped racer habitat and thus ensuring Option A will not have a substantial adverse effect on its habitat, the District shall preserve or purchase in-kind grassland habitat that is known to provide upland habitat for Alameda striped racers at a minimum 3:1 ratio of area preserved to area impacted. Compensatory mitigation may be accomplished through one of the following options:  Establishing a conservation easement or deed restriction on or off site in a suitable Alameda County location and providing adequate funding for management and monitoring of the property in perpetuity. Ideally, the conservation easement would be placed elsewhere in the Mission Peak Regional Preserve. Lands placed in a conservation easement or other appropriate land use restriction instrument must be documented to support Alameda striped racers through observation of Alameda striped racers on or adjacent to the grassland area;  Depositing funds into an USFWS and CDFW approved in-lieu fee program;  Purchasing credits in a USFWS and CDFW approved conservation bank in Alameda County; or  Entering into a mitigation agreement with USFWS and CDFW and providing adequate funding for management and monitoring of the terms of the agreement for perpetuity iii. Finding: Implementation of the mitigation measures described above would ensure the project would not have a significant impact on California tiger salamander or Alameda striped racer due to loss of upland habitat by ensuring that the project does not have a substantial adverse effect due to loss of habitat. With these mitigation measures, three times the amount of habitat disturbed by the project would be permanently protected to provide habitat for California tiger salamander and Alameda striped racers. Either the District would ensure a conservation easement or deed restriction protects the new habitat from any development that would be

82 inconsistent with conservation purposes, or the permanent protection of habitat would occur through established in-lieu fee or mitigation banking programs and requirements of the USFWS and CDFW, the agencies responsible for ensuring projects do not substantially impact protected species. Because the District could otherwise develop its lands for park facilities or use its lands in a manner that could be incompatible with use of the property by tiger salamanders, a conservation easement or deed restriction that prohibits such uses on District land will provide new protected habitat. The Board finds the mitigation measures BIO- 2a and 2b are feasible, adopts such measures, and finds such measures will lesson to an insignificant level the potentially significant impact of the Project on these protected species due to loss of habitat. c. Impact BIO-3: Development of the Option A site may result in the destruction of burrows occupied by burrowing owls, a California Species of Special Concern. i. Mitigation Measure BIO-3: No more than 14 days prior to any ground disturbing activities, a qualified biologist shall conduct a preconstruction/take avoidance survey for burrowing owls using methods described in Appendix D of the CDFW Staff Report on Burrowing Owl Mitigation (Staff Report). If no burrowing owls are detected during the initial take avoidance survey, a final survey shall be conducted within 24 hours prior to ground disturbance to confirm that owls are still absent. If take avoidance surveys conducted during the non-breeding season (September 1 to January 31) identify any burrowing owls within the construction footprint, individuals may be excluded from burrows using one-way doors provided that a Burrowing Owl Exclusion Plan is developed and approved by CDFW prior to implementation. Given the availability of suitable burrows in lands adjacent to the Option A site, passive relocation of burrowing owls at Mission Peak is not expected to significantly reduce the reproductive potential of the local population. Any burrow exclusion efforts shall be monitored prior to, during, and after exclusion of burrowing owls from burrows to ensure that substantial adverse effects are avoided. If burrow exclusion will occur immediately after the end of the breeding season, daily monitoring shall be conducted for one week prior to the exclusion to confirm that any young of the year have fledged. Monitoring efforts will be overseen by CDFW and reporting requirements shall be identified in the Burrowing Owl Exclusion Plan. If burrowing owls are found within the construction footprint during the breeding season, occupied burrows shall be avoided by establishing buffers around the burrows in which no work shall be allowed until a qualified biologist has determined that the nest attempt has failed or that young have fledged and can forage independently of the adults. A minimum buffer of at least 250 feet shall be maintained during the breeding season around active burrows. Burrowing owls present on site after February 1 shall be assumed to be nesting on or adjacent to the site unless focused monitoring by a qualified biologist familiar with burrowing owl reproductive behavior indicates that the observed individual is unpaired or that egg- laying has not yet begun. A Burrowing Owl Exclusion Plan will be developed and approved by CDFW prior to implementation. In the event that burrowing owls are present on the site, CDFW may also require compensatory mitigation as part of the approval for the passive relocation. The compensatory mitigation would provide protected habitat for burrowing owls. Option A Mitigation Measure BIO-2, which requires lands to be preserved at a 3:1 ratio to compensate for the loss of California tiger salamander habitat, could also

83 compensate for the loss of burrowing owl habitat provided that burrows are present and vegetation is kept short during the burrowing owl breeding season. Compensatory mitigation lands for burrowing owls would be required to be approved by CDFW and satisfy applicable habitat requirements. ii. Finding: Implementation of BIO-3 would ensure the project would not have a significant impact on burrowing owls by making sure burrowing owls are not present on the project site prior to construction or establishing buffers around any found nests so that the owls are not substantially affected by the project. In addition, if even after these avoidance measures, nests are found during the non-breeding season, the mitigation provides for the additional measure of exclusion of owls from their nests so that the owls are not substantially affected by the project. Because suitable burrows are available adjacent to the Option A site, exclusion would not have a substantial adverse effect on burrowing owls. Any such exclusion would only be required if nests are found during the non-breeding season despite pre-construction surveys and buffers. In that event an exclusion plan would be prepared, subject to oversight and approval by the CDFW, the resource agency responsible for ensuring projects do not adversely impact protected species. Any such exclusion would be monitored prior to, during, and after any exclusion of burrowing owls from burrows. This will ensure that substantial adverse effects are avoided. Until biological surveys determine whether or not burrowing owls are on the property and until the District determines whether the other mitigation measures will avoid adverse impacts to burrowing owls, it would be premature to develop an exclusion plan. Also, as part of its mitigation for impacts to California tiger salamander, the District will permanently protect acreage that will likely provide habitat for burrowing owls, thus further reducing any adverse impact to burrowing owls. The Board finds mitigation measure BIO-3 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on burrowing owls. d. Impact BIO-4: Development of the Option A site could result in impacts to nesting loggerhead shrikes, white-tailed kites, and other native birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code. i. Mitigation Measure BIO-4: To the extent feasible, vegetation removal activities shall occur during the non-nesting season (September 1 to January 31). For any construction activities conducted during the nesting season, a qualified biologist (i.e., experienced in searching for passerine nests in oak woodland and other habitats) shall conduct a preconstruction nest survey of all trees or other suitable nesting habitat in and within 250 feet of the limits of work. The survey shall be conducted no more than 15 days prior to the start of work. If the survey indicates the presence of nesting birds, the biologist shall determine an appropriately sized buffer around the nest in which no work shall be allowed until the young have successfully fledged. The size of the nest buffer shall be determined by the biologist in consultation with the CDFW and shall be based on the nesting species and its sensitivity to disturbance. In general, buffer sizes of up to 250 feet for raptors and 50 feet for other birds should suffice to prevent substantial disturbance to nesting birds, but these buffers may be increased or decreased, as appropriate, depending on the bird species and the level of disturbance anticipated near the nest. ii. Finding: Implementation of mitigation measure BIO-4 above would ensure the Project would not have a substantial adverse effect or significant impact on nesting

84 loggerhead shrikes, white-tailed kites, or other native birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code by making sure construction does not occur during the nesting season and that there is a sufficient buffer between Project construction and any nests found during a preconstruction survey. This will prevent a substantial effect on nesting birds. The Board finds mitigation measure BIO-4 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on nesting loggerhead shrikes, white-tailed kites, or other native birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code. e. Impact BIO-5: Development of the Option A site could result in impacts to three special-status grassland plant species, if present. i. Mitigation Measure BIO-5: Prior to the initiation of construction, a qualified botanist shall conduct a focused survey for round-leaved filaree, fragrant fritillary, and Santa Cruz tarplant within the construction footprint during the appropriate blooming periods. A minimum of two surveys shall be conducted: in March for fragrant fritillary and round-leaved filaree and in late summer/early fall (August– October) for Santa Cruz tarplant. The surveys shall be conducted in accordance with CDFW’s Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. If an individual or population of round-leaved filaree, fragrant fritillary, and/or Santa Cruz tarplant is found during the focused botanical survey, the proposed development plan shall be reviewed to evaluate if the individual or population can be avoided. If the plants cannot be avoided, the District shall develop and implement a salvage and recovery plan for the affected species. The plan shall incorporate the following, at a minimum:  Preparation by a qualified botanist experienced in the development and implementation of native plant restoration, mitigation, and monitoring plans;  Salvage and/or recovery requirements, including clearly defined goals focusing on plant establishment (stability, succession, reproduction) and non- native species control measures;  Locations and procedures for restoration of salvaged materials or seeds;  Specification of a five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the Project goals and performance standards are met. The monitoring program shall include provision for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the District and subject to approval by CDFW, shall document the success of the salvage and replanting effort. If replanting is not successful, an additional period of correction and monitoring shall be specified; and  Salvage and recovery plan shall specify maintenance requirements and the responsibility for implementation. ii. Finding: Implementation of mitigation measure BIO-5 above would ensure the Project would not have a significant impact on any special status grass species by ensuring the Project does not have a substantial adverse effect on round-leaved filaree, fragrant fritillary, and Santa Cruz tarplant. This will be achieved by

85 conducting surveys for round-leaved filaree, fragrant fritillary, and Santa Cruz tarplant prior to construction. In the event species are found during those preconstruction surveys, the mitigation measures ensure that the species will be either avoided or relocated through a salvage and recovery plan that provides for measures to ensure the successful recovery of the protected grasses and is subject to approval by CDFW, the resource agency responsible for protecting protected native plants. Until surveying determines whether the specified special status species are on the property, and if so, which species, it would be premature to develop a salvage and recovery plan that details specific measures for relocating those protected grasses. The Board finds mitigation measure BIO-5 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on round-leaved filaree, fragrant fritillary, and Santa Cruz tarplant. f. Impact BIO-6: Culvert repair activities associated with Option A development could result in the mortality or injury of California red-legged frogs, Alameda striped racers, and/or western pond turtles potentially occurring in the tributary to Agua Caliente Creek. i. Mitigation Measures BIO-6: Construction activities within the tributary to Agua Caliente Creek associated with development of Option A would be subject to the following additional measures:  All work within the tributary to Agua Caliente Creek (i.e., Option A culvert repair) shall be conducted between August 1 and October 31, and typically subsequent to California red-legged frogs breeding activity (egg deposition, tadpole development, and metamorphism).  The USFWS and CDFW qualified biologist shall survey the in-water work areas within 48 hours before the initiation of construction activities. If any life stage of California red-legged frog and/or Western pond turtle, or Alameda striped racer is found, District biologist shall contact the USFWS and CDFW to determine if moving them is appropriate. If the agencies approve relocation, the qualified biologist shall move them to a USFWS and CDFW-approved site in Agua Caliente Creek prior to the initiation of construction. The biologist shall maintain detailed records of any individuals that are moved (e.g., size, coloration, any distinguishing features, photos) to assist him or her in determining whether translocated animals are returning to their original point of capture.  The in-stream work area shall be dewatered. Stream flow shall be diverted using gravity flow through temporary culverts/pipes or pumped around the work area with the use of hoses, discharging downstream to maintain flow.  Cofferdams shall be constructed at the appropriate channel locations and no more than 20 feet upstream or downstream of the work area(s). Flows shall be diverted only when construction of the diversion coffer structure is completed. Cofferdams shall be constructed only from materials that will cause little or no siltation, such as clean gravel, sandbags (filled with clean sand), or sheet piling. Cofferdams shall be installed both upstream and downstream of the work area, in a manner adequate to prevent seepage into or out of the work area. Cofferdams shall be placed and removed by hand. The cofferdam dewatering system shall remain in place until all creek work is complete. Normal flows shall be restored

86 to the affected stream immediately upon completion of work by removing the dewatering system.  The pump intakes shall be completely screened with wire mesh not larger than 5 millimeters (mm) to prevent California red-legged frogs and other aquatic vertebrates from entering the pump system.  The contractor and qualified biologist shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded, native aquatic life observed in the dewatering areas. Capture methods may include fish landing nets, dip nets, buckets, and or by hand. Captured native aquatic life shall be released downstream of the dewatered area. The biologist shall permanently remove any individuals or exotic species, such as bullfrogs, crayfish and centrarchid fishes, from the work area.  No heavy construction equipment, except for the pumps, shall be operated within the live stream. ii. Finding: Implementation of mitigation measure BIO-6 above would ensure the Project would not have a significant impact on California red-legged frogs, Alameda striped racers or western pond turtles potentially occurring in the tributary to Agua Caliente Creek. The prohibition of construction during the breeding season of the red-legged frog, the surveying work prior to construction to identify any California red-legged frogs, Alameda striped racers, and pond turtles, relocation of any found species within the creek if determined appropriate by the resource agencies, ongoing monitoring during construction, and implementation of specific construction measures designed to avoid harm to these species would ensure that the culvert repair activities associated with Option A development will not have a substantially adverse impact on California red-legged frogs, Alameda striped racers, or western pond turtles. The Board finds mitigation measure BIO-6 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on California red-legged frogs, Alameda striped racers, and western pond turtles. g. Impact BIO-7: Development of Option A would impact a tributary to Agua Caliente Creek, a jurisdictional water of the United States. i. Mitigation Measure BIO-7 (1) Mitigation Measure BIO-7a: The District shall apply for and obtain permits from the Corps (CWA Section 404 permit), Water Board (CWA Section 401 water quality certification), and CDFW (Fish and Game Code Section 1602 Streambed Alteration Agreement) prior to construction. Indirect impacts to the water quality of Agua Caliente Creek and its tributary due to excess sedimentation shall be avoided through the implementation of a Stormwater Pollution Prevention Plan (SWPPP) in accordance with National Pollution Discharge Elimination System (NPDES) and Water Board requirements. The SWPPP shall include the following major components:  A comprehensive erosion and sediment control plan, depicting areas to remain undisturbed and providing specifications for revegetation of disturbed areas.

87  A list of potential pollutants from building materials, chemicals, and maintenance practices to be used during construction and the specific control measures to be implemented to minimize release and transport of these constituents in runoff.  Specifications and designs for the appropriate best management practices (BMPs) for controlling drainage and treating runoff in the construction phase.  A program for monitoring all control measures that includes schedules for inspection and maintenance and identifies the party responsible for monitoring.  A site map that locates all water quality control measures and all restricted areas to be left undisturbed. (2) Mitigation Measure BIO-7b: The District shall implement BMPs as recommended or required by the Water Board to protect water quality. These measures shall include the following: 1) a moratorium on grading during a rain event; 2) a requirement that erosion and sediment control measures be installed prior to unseasonable rain storms; 3) prohibiting erosion or sediment control measures within vegetated areas; 4) limiting the extent of disturbed soil to the minimum area that can be protected prior to a forecasted rain event and the minimum area needed to complete the proposed action; 5) delineating and protecting environmentally sensitive areas to prevent construction impacts; 6) installing natural fiber rolls as appropriate to control sediment and erosion (use of erosion control fabric containing plastic monofilament is prohibited); 7) spill and litter control; 8) control of fuels and other hazardous materials; 9) management of temporary sewage facilities to prevent water quality impacts; 10) liquid waste management; and 11) preserving existing vegetation wherever possible. (3) Mitigation Measures BIO-7c: All jurisdictional areas temporarily disturbed by construction (i.e., Agua Caliente Creek channel) shall be restored to their pre-project condition via grading and re-contouring. Disturbed portions of the stream channel and banks shall be re-vegetated with native riparian species. (4) Mitigation Measure BIO-7d: All stream channel portions adjacent to, but outside of, the construction footprint shall be avoided during construction and no fill shall be allowed to enter these areas. Exclusion fencing (i.e., silt fence) shall be installed to mark the limits of the construction footprint. The USFWS- and CDFW-qualified biological monitor for California tiger salamander and California red-legged frog shall oversee the installation of the fencing and periodically monitor the work area to ensure avoidance of the stream channel. (5) Mitigation Measure BIO-7e: During Project construction, no soil or other construction materials shall be stored in or allowed to enter the stream channel. All stockpiled fill and other materials shall be kept at least 50 feet from the channel edge. ii. Finding: Implementation of the mitigation measures described above would ensure the Project would not have a significant impact on the tributary to Agua Caliente Creek by requiring that construction of the Project follow best management practices

88 and obtain and comply with legally required permits that were created to ensure projects do not have a substantial adverse impact on aquatic resources. The mitigation measures will prevent erosion and the deposition of excess sediment into the creek, thereby protecting water quality. The restoration to pre-project conditions is a standard provision in the District’s contracts that will be implemented by the contractor with oversight from the District, and will further ensure the Project does not substantially impact the tributary to the creek. The Board finds mitigation measures BIO-7a through 7e are feasible, adopts such measures, and finds such measures will lesson to an insignificant level the potentially significant impact of the Project on the tributary to Agua Caliente Creek. h. Impact BIO-8: Option A could result in impacts to trees protected under Fremont’s Tree Preservation Ordinance within the tributary to Agua Caliente Creek. i. Mitigation Measure BIO-8: All impacted trees shall be mitigated at a minimum 1:1 replacement ratio. For each protected tree that is removed, in accordance with the City of Fremont’s tree ordinance, the District shall plant trees of a species and in a location approved by the City. If the site cannot fully accommodate the required mitigation plantings, the District shall pay a fee to the City in lieu of on-site replacement for each tree that is not replaced on site, which would be used to fund tree planting by the City. For the proposed Project, it is expected that mitigation for tree removals under the City’s Tree Preservation Ordinance can be accomplished concurrently with the riparian restoration effort associated with the Option A culvert repair. ii. Finding: Implementation of mitigation measure BIO-8 would ensure the Project would not have a significant impact on protected trees by requiring replacement of such trees on site at a performance standard of a 1:1 replacement ratio, or if the trees cannot be replaced on site, requiring the District to contribute sufficient funds to the City of Fremont under its Tree Preservation Ordinance. The City will then use such funds to plant replacement trees. As a result, there would be no net loss in protected trees. The Board finds mitigation measure BIO-8 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on protected trees. 2. Cultural Resources a. Impact CUL-1: Ground-disturbing activities at the Option A site would adversely affect a prehistoric archaeological deposit that qualifies as a historical resource under CEQA. i. Mitigation Measure CUL-1: (1) Mitigation Measure CUL-1a: Prior to development of the Option A site, a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archeology shall prepare a Treatment Plan (Plan) for the archaeological site identified at Option A. The purpose of the Plan is to serve as a guide to conducting data recovery archaeological excavations and archaeological monitoring at Option A to ensure Option A does not result in a substantial adverse change in the significance of the historical resources. The Plan shall include: 1) a description of the field and laboratory methods to be used at Option A; 2) a research design detailing

89 important questions that can be addressed from investigation of Option A; 3) archaeological and Native American monitoring procedures to be used during the construction of the Project; and 4) protocols for treating archaeological deposits and human remains identified during construction. The Plan may also provide for reburial of the historical resources at the location of their discovery or in a location near the Project site. An Ohlone representative or representatives shall be consulted as part of the Plan’s preparation to interpret resources found during construction of the Project relative to pre-contact Native American traditions and lifeway and to provide input to the District regarding the treatment of these resources. The Plan shall be reviewed and approved by the District prior to Project ground disturbance. The District shall set aside funds to be used exclusively for preparation and implementation of the Plan. The District shall be responsible for implementing the Plan. Once the Plan has been implemented, a report of findings shall be prepared by a qualified archaeologist and submitted to the District for review and to the Northwest Information Center at Sonoma State University, consistent with professional reporting standards in cultural resources management. (2) Mitigation Measure CUL-1b: Should an archaeological deposit be encountered during Project subsurface construction activities that is not associated with treatments prescribed under Option A Mitigation Measure CUL-1a, all ground-disturbing activities within 50 feet shall be redirected and a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology contacted to assess the situation (if one is not already on-site), consult with agencies as appropriate and an Ohlone representative, and make recommendations for the treatment of the discovery. If found to be significant (i.e., eligible for listing in the California Register of Historical Resources), the District shall be responsible for funding and implementing appropriate measures to ensure the Project does not result in a substantial adverse change in the significance of the historic resources. Such measures may include recording the archaeological deposit, data recovery and analysis, and public outreach. Upon completion of the selected measures, a report documenting methods, findings, and recommendations shall be prepared and submitted to the District for review. Where consistent with the recommended treatments, significant archaeological materials shall be submitted to an appropriate curation facility or the District and used for public interpretive displays, as appropriate and in coordination with an Ohlone representative. The District shall inform its contractor(s) of the sensitivity of the Project area for archaeological deposits and shall verify that the following directive has been included in the appropriate contract documents: “The subsurface of the construction site may be sensitive for archaeological deposits. If archaeological deposits are encountered during Project subsurface construction and an archaeologist is not on site, all ground-disturbing activities within 50 feet shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any

90 archaeological materials. Archaeological deposits can include shellfish remains; bones; flakes of, and tools made from, obsidian, chert, and basalt; and mortars and pestles.” ii. Finding: Implementation of mitigation measures CUL-1a and 1b would ensure the Project would not have a significant impact on prehistoric archaeological deposits that qualify as a historical resource under CEQA by requiring the District to follow specific protocols if such resources are found, to advise its contractors of such protocols, and to develop a treatment plan in consultation with the Ohlone people that contains measures to ensure the Project does not result in a substantial adverse change in the significance of the historic resource. Such treatment plans are standard mitigation used by local, state, and federal agencies for impacts to cultural resources. Development of a treatment plan after approval of the Project will enable the District, in consultation with the Ohlone people, to explore different ways that discovered cultural resources can be treated to best honor the Ohlone people, all of which must achieve the performance standard of avoiding substantial adverse change in the significance of the historic resource. As described further in the Final EIR, preserving discovered archeological resources in place would not be feasible. Capping would not be feasible because the Project site is not level and would require extensive grading and excavation that could further harm archeological resources. Construction of the Project on the portion of the Option A site that does not have a known historical resource is infeasible because it would not allow construction of the Project and would therefore not meet the purpose of the Project and Project objectives. Similarly, incorporating the site of the historical resources within open space or placing the site under conservation easement would preclude development of the Project and would not achieve any of the Project objectives. Implementation of mitigation measures CUL-1a and CUL-1b would effectively mitigate the impact to archeological resources by preventing damage to such resources, and either protecting the resource by allowing reburial on site in consultation with tribal representatives, or enabling experts to study any resources found on the Project and the public to learn more about Native American life with input from the Ohlone people as provided through the District’s consultation with Ohlone representatives. The Board finds mitigation measure CUL-1a and 1b are feasible, adopts such measures, and finds such measures will lesson to an insignificant level the potentially significant impact of the Project on any prehistoric archaeological deposits that are found during construction of the Project and qualify as a historical resource under CEQA. The Board also finds CUL-1a and 1b are consistent with relevant policies of the District’s Master Plan, including policies CRM 5 and CRM 6; District Ordinance 38, Section 807; and District Resolution No. 198-4-124. The Board recognizes the importance of the Mission Peak site to the Ohlone people and recognizes the concerns the Ohlone people have related to the construction of this Project. The Board finds that the choice of the Option A location where there are far fewer known resources, and the mitigation measures described above, including the requirement to consult with tribal representatives in determining the treatment of any resources discovered during construction, are feasible measures that will lessen any impacts to cultural resources to a less-than-significant level. b. Impact CUL-2: Ground-disturbing activities associated with development of the Option A site could adversely affect paleontological resources. i. Mitigation Measure CUL-2: Should paleontological resources be encountered during Project subsurface construction activities, all ground-disturbing activities

91 within 50 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate-ate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an individual with the following qualifications: (1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed paleontological journals; (2) at least two years of professional experience related to paleontology; (3) proficiency in recognizing fossils in the field and determining their significance; (4) expertise in local geology, stratigraphy, and biostratigraphy; and (5) experience collecting vertebrate fossils in the field. If found to be significant, and Project activities cannot avoid the paleontological resources, measures shall be implemented to ensure that Option A does not destroy the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the District for review, and, if paleontological materials are recovered, a paleontological repository, such as the University of California Museum of Paleontology. Public educational outreach may also be appropriate. The District shall inform its contractor(s) of the sensitivity of the Project area for paleontological resources and shall verify that the following directive has been included in the appropriate contract documents: “The subsurface of the construction site may be sensitive for paleontological resources. If paleontological resources are encountered during Project subsurface construction and a paleontologist is not on site, all ground-disturbing activities within 50 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Paleontological resources include fossil plants and animals, and such trace fossil evidence of past life as tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison. Paleontological resources also include plant imprints, petrified wood, and animal tracks.” ii. Finding: Implementation of mitigation measure CUL-2 would ensure the Project would not have a significant impact on paleontological resources by requiring the District to follow specific protocols if such resources are found, to advise its contractors of such protocols, and to contract with a paleontologist if resources are found to determine the appropriate treatment to best protect and preserve the resources. Such measures would prevent destruction and provide for preservation of paleontological resources. The Board finds mitigation measure CUL-2 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on any paleontological resources found during construction of the Project. c. Impact CUL-3: Ground-disturbing activities associated with development of the Option A site could adversely affect Native American skeletal or cremated remains.

92 i. Mitigation CUL-3: Any human remains encountered during Project ground- disturbing activities shall be treated in accordance with California Health and Safety Code Section 7050.5 and CEQA Guidelines section 15064.5(d). The District shall inform its contractor(s) of the sensitivity of the Project sites for human remains by including the following directive in contract documents: “If human remains are uncovered, work within 50 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted (if one is not already on site) to assess the situation and consult with agencies as appropriate. Project personnel shall not collect or move any human remains or associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Native American Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Work within 50 feet of the discovery can resume only after the MLD has inspected the site, provided recommendations, and the remains and associated grave goods removed from the site by a qualified archaeologist in consultation with the MLD” ii. Finding: Implementation of mitigation measure CUL-3 would ensure the Project would not have a significant impact on Native American skeletal or cremated remains by ensuring such remains will be protected and treated in consultation with appropriate Native American descendants. For example, any discovery of such remains will require the District to immediately stop work within fifty feet of the discovery and contact the coroner. If the remains are determined to be of Native American origin, the coroner will contact the Native American Heritage Commission, which will notify the Most Likely Descendant (MLD) to inspect the site and provide recommendations for proper treatment of the remains. In addition, the MLD and a qualified archeologist will supervise the removal of the remains. The Board finds mitigation measure CUL-3 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant impact of the Project on Native American skeletal or cremated remains. 3. Geology and Soils a. Impact GEO-1: Implementation of Option A could result in adverse impacts associated with slope instability. i. Mitigation Measure GEO-1: (1) Mitigation Measure GEO-1a: The District shall conduct annual inspections of the Option A staging area and document any indications of cracking or deformation of pavements, flatwork, and slopes that may be the result of slope instability. Any conditions that could result in hazards to users shall be promptly repaired. (2) Mitigation Measure GEO-1b: Prior to the issuance of any site-specific grading or building permits, a design-level geotechnical plan shall be prepared by a licensed professional, and submitted to the City of Fremont for review and approval. The plan shall include a finding that the proposed development incorporates applicable recommendations of the site-specific preliminary Geotechnical Investigations for the Project or incorporates other comparable measures that ensure all constructed slopes have a static factor

93 of safety of at least 1.5 and a seismic factor of safety of at least 1.0 (confirmed by slope stability modeling conducted by a qualified professional) and the factor of safety of the existing landslide will not be significantly decreased by the Project so as to adversely impact the stability of the area. The plan shall also include a finding that the proposed development and fully complies with the CBC. The District shall implement all recommendations in the final design–level geotechnical plan. In accordance with the CCR Title 14, Section 3724, prior to approving the Project, the lead agency shall independently review the geotechnical report to determine that the nature and severity of the seismic hazards at the site have been evaluated and addressed. This review shall be conducted by a certified engineering geologist or registered civil engineer, having competence in the field of seismic and slope stability hazard evaluation and mitigation. In addition, as a condition of approval for grading permits, a qualified and licensed professional shall be required to be present as a construction monitor during clearing and grading of the Project site to observe the stripping of deleterious material and to provide consultation, as required, to the grading contractor(s), ensuring compliance with the CBC and design-level geotechnical report recommendations. ii. Finding: Implementation of mitigation measures GEO-1a and GEO-1b would ensure the Project would not have any significant impacts associated with slope stability. Regular inspections of the site and prompt repair of any cracks or other deformations will address the stability of the constructed Project and ensure that structures and pavements are safely maintained and people are not exposed to trip and fall injuries associated with cracks and buckled pavements. While the District has prepared preliminary design drawings, the final construction design drawings will provide additional detail. GEO-1b will ensure the final design drawings for the Project meet certain performance standards including specified factors of safety that will further ensure the Project does not adversely impact the stability of the area or endanger downslope neighbors. Project construction must conform to the final geotechnical plans. Two geotechnical experts, in consultation with the City of Fremont’s geotechnical consultant, have confirmed that with the proposed mitigation, the Project will not adversely affect slope stability or the stability of neighboring residences. The Board finds mitigation measures GEO-1a and 1-b are feasible, adopts such measures, and finds such measures will lesson to an insignificant level the potentially significant impact of the Project on slope stability. b. Impact GEO-2: Implementation of Option A could result in adverse impacts associated with expansive soils. i. Mitigation Measure GEO-2: Implement Option A Mitigation Measure GEO-1a. ii. Finding: Implementation of mitigation measure GEO-2 would ensure the Project would not have any significant impacts associated with expansive soils by requiring regular inspections of the site and prompt repair of any cracks or other deformations. This will address any movement or cracking of concrete due to expansive soils, and ensure that structures and pavements are safely maintained and people are not exposed to trip and fall injuries associated with cracks and buckled pavements.

94 The Board finds mitigation measure GEO-2 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant air quality impact due to expansive soils. 4. Air Quality a. Impact AIR-1: Construction of Option A would generate air pollutant emissions that could violate air quality standards. i. Mitigation Measure AIR-1: The District and Project contractor shall follow the Basic Construction Mitigation Measures as designed and when required by the BAAQMD, including:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Restroom building pad(s) shall be laid as soon as possible after grading unless seeding or soil binders are used.  Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage of this measure shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  A publicly visible sign with the telephone number and person to contact at the East Bay Regional Park District regarding dust complaints shall be posted at the site. This person shall respond and take corrective action in regard to complaints within 48 hours. ii. Finding: Implementation of mitigation measure AIR-1 would ensure construction of the Project would not have any significant impacts associated with air pollutant emissions by requiring compliance with the Bay Area Air Quality Management District’s Basic Construction Mitigation Measures. These measures reduce diesel and small particulate matter emissions during construction to ensure the Project will not have significant air quality impacts related to emissions during construction. The Board finds mitigation measure AIR-1 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant air quality impacts associated with construction of the Project. 5. Noise

95 a. Impact NOI-1: Noise from construction activities at the Option A site would result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. i. Mitigation Measure NOI-1: The District or Project contractor shall implement the following measures to reduce construction noise levels:  Construction of the Project shall comply with the City of Fremont's General Plan Policy 10-8.5 by: o Ensuring that all construction equipment utilize appropriate sound muffling devices, which are properly maintained and used at all times such equipment is in operation; o Placing stationary construction equipment so that emitted noise is directed away from the closest off-site sensitive receptors; o Locating on-site equipment staging areas so as to maximize the distance between construction-related noise sources and noise-sensitive receptors nearest the Project site during construction, which could reduce construction noise by as much as 5 dBA; o Installing temporary noise barriers, such as sound cloths, as needed, could reduce construction noise by as much as 5 dBA; o Prohibiting extended idling time of internal combustion engines.  All noise producing construction activities, including warming-up or servicing equipment and any preparation for construction, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays and holidays. Sunday construction shall be prohibited. ii. Finding: Implementation of mitigation measure NOI-1 would ensure construction of the Project would not have significant noise impacts by ensuring the Project does not result in a substantial temporary or periodic increase in ambient noise levels above levels existing without the Project. Compliance with NOI-1, which includes compliance with the City of Fremont’s General Plan policies, will mitigate potential noise impacts from construction of the Project by implementing measures to reduce sound levels and by limiting the hours of construction and thus duration of the noise. The Board finds mitigation measure AIR-1 is feasible, adopts such measure, and finds such measure will lesson to an insignificant level the potentially significant noise impacts associated with construction of the Project.

C. ALTERNATIVES Because the Final EIR mitigates all potentially significant environmental impacts to a less than significant level, and the Board adopted all the mitigation measures proposed in the Final EIR, CEQA does not require the Board of Directors to determine if a less environmentally damaging alternative exists or make findings regarding alternatives. Nonetheless, to provide the public with additional information regarding the decision making process, the Board provides the alternatives findings below.

96 The Final EIR evaluated five alternatives to the Project. As described below, each of the five alternatives evaluated represents a different approach to meeting the Project purpose of providing more suitable public access to the trails originating from the Stanford Avenue entrance to the Preserve. In addition to the alternatives evaluated, the Final EIR also discusses several operational measures that were considered but not selected for further evaluation in the alternatives analysis, because they would not meet the basic Project objective of providing more suitable public access at the Stanford Avenue location. These measures would not provide additional public access to the Stanford Avenue location, but would instead reduce the number of visitors to the Stanford Avenue entrance, either by charging fees, issuing a restricted number of permits, or redirecting users to other trails, such as the trailheads located nearly three miles away (a one-hour walk) at the entrance near Ohlone College. Despite extensive informational campaigns redirecting users to these narrow, more gently sloped trails, the wide paved trails originating from the Stanford Avenue staging area have remained far more popular, representing over three-quarters of total user visits to the Preserve. In addition, these measures are not true alternatives to the Project because they are operational and management measures that could be implemented in conjunction with the Project. Therefore, the Board of Directors finds that these operational measures are infeasible because they would not meet the basic Project objective of better accommodating visitors at the Stanford Avenue entrance to the Preserve. The Final EIR evaluated the following five alternatives to the Project:  The No Project alternative, which assumes the continuation of existing conditions within the Project sites. No additional parking or restrooms would be constructed within the vicinity of the existing Stanford Avenue Staging Area. This entrance to Mission Peak would continue to be inadequately served by available parking and restrooms within the Preserve. It is assumed that visitors to the Preserve would continue to park on adjacent streets at the current levels and the associated issues such as noise, litter, and congestion would continue at the current levels.  The Reduced Project Size alternative, which would construct a new staging area with parking for approximately 225 vehicles and additional restrooms within a reduced area on the same site as proposed Project Option A site.  The Parking Structure at the Existing Staging Area alternative, which would construct a multi- story parking structure to provide approximately 300 parking spaces and additional restrooms within the existing footprint of the existing Stanford Avenue Staging Area.  The Off-site Parking alternative, which would entail development of an off-site parking area on a parcel owned by the City of Fremont that could provide up to 75 spaces outside of the Preserve boundaries but within the vicinity of the existing Stanford Avenue Staging Area.  The Maximum Parking alternative, which would construct staging areas on both the Option A and Option B sites, for a total of 643 (new and existing) parking spaces and additional restrooms provided at the Stanford Avenue entrance to the Preserve. In preparing these findings, the EBRPD Board of Directors has reviewed the significant impacts associated with each of the alternatives and has compared them with the significant impacts associated with the Project. The Board has also considered the feasibility of each alternative, taking into account a range of economic, environmental, social, legal, and other factors. The Board concludes that each of these alternatives is infeasible and/or less desirable than the Project. The Board’s analysis and conclusions with respect to these alternatives are described below.

1. No Project Alternative

97 The CEQA-required No Project alternative assumes that the Project would not be developed and that the existing Stanford Avenue Staging Area would generally remain in its current condition. The available parking supply at the Stanford Avenue entrance to Mission Peak would continue to provide an inadequate number of parking spaces to meet visitor demand for parking. Thus, parking and associated issues on the surrounding residential streets would likely continue at existing levels, including extensive overflow parking on the neighborhood streets, vehicular and pedestrian traffic congestion, noise, litter, and lights from headlamps and flashlights. Under the No Project alternative, the District would not develop any additional parking for visitors to Mission Peak. In addition, no visitor-serving site improvements would be made, such as construction of additional restrooms, kiosk, drinking water sources, and picnic tables. The culvert repair associated with the Project would also not occur. The No Project alternative would not achieve any of the objectives of the proposed Project. Specifically, it would not develop additional parking on lands leased by the District, would not provide parking to serve existing visitors, would not reduce the occurrence of overflow parking on neighborhood streets in the vicinity of the existing Stanford Avenue Staging Area, and would not construct additional restroom facilities to accommodate visitors. Therefore, the EBRPD Board of Directors rejects the No Project alternative as infeasible.

2. Reduced Size Project Alternative The Reduced Project Size alternative would construct a new staging area within the general boundaries of the Project site (the “Option A” site), but at a reduced size and with fewer parking spaces compared to the proposed Project. This alternative would be designed to avoid scattered shell fragments that are known to be present within the footprint of the proposed Option A site. The permanent area of disturbance would be approximately 9.14 acres in size and the total area of new impervious surface would be approximately 2.28 acres, compared to a slightly larger 9.64 total acres of permanent area of disturbance and 2.78 acres of impervious surfaces for the proposed Project at this location, and a maximum of approximately 225 new parking spaces, or 75 fewer parking spaces than proposed under either Project option, would be provided. Similar to the proposed Project, the staging area that would be developed with the Reduced Project Size alternative would include new picnic tables, kiosk, drinking fountains, and restrooms. A new vehicular access roadway and new trail connections would also be required to provide access to the new staging area and existing trails and these facilities would be similar to Option A site development. New stormwater controls, landscaping, and utilities infrastructure would also be developed and would be similar to the improvements proposed as part of the proposed Project’s development of the Option A site. Repair of the existing culvert within a segment of the tributary to Agua Caliente Creek would occur under this alternative, and would be the same as the proposed Project. The Reduced Project Size alternative would achieve most of the District’s Project objectives. However, given visitor demand for parking at the Stanford Avenue entrance to Mission Peak, the reduced amount of additional parking spaces that would be provided by this alternative would not maximize on-site parking potential nor minimize overflow parking on the public residential streets to the same extent that the proposed Project would. While the Reduced Project Size alternative could somewhat reduce impacts to cultural and biological resources, those impacts are already less than significant with development of the proposed Project and implementation of the required mitigation measures. No other impacts would be reduced compared to the Project, improvement of the existing conditions related to overcrowded street parking would not be achieved to the same degree as with the proposed Project. The Reduced Project Size alternative would not meet the Project objectives to the same extent as the proposed Project, including better accommodating visitors to the trails leaving from the existing staging area. Therefore the EBRPD Board of Directors rejects the alternative as infeasible. 3. Parking Structure at the Existing Staging Area Alternative

98 The Parking Structure alternative considers construction of a parking structure at the location of the existing Stanford Avenue Staging Area. This alternative assumes construction of a multi-level structure that would provide a maximum of 300 parking spaces. Construction of the structure would likely require excavation of the slope at the northeast end of Stanford Avenue to minimize disturbance within the Preserve. The Parking Structure alternative would incorporate a living roof and living walls to help screen the structure visually from adjacent residences. This alternative would include construction of new restrooms. Water, sewer, and electrical services would be extended from Stanford Avenue to serve the new restroom facilities, provide potable drinking water, and irrigation. New stormwater controls would also be installed to manage runoff. Vehicle access for District staff and emergency personnel would be maintained from the Stanford Avenue entrance to the Preserve. The Parking Structure alternative would achieve some of the District's Project objectives (specifically, Objectives 1, 4, 5, and 6) but would not meet the objectives relating to minimizing costs and reduced environmental impacts. Development of a parking structure would be significantly more expensive, and thus less cost effective, than developing surface parking. The cost for design, construction, and materials for such a structure would be far greater than for development of a staging area with a surface parking lot. In addition, factors such as the area's high potential for seismic activity and unstable soil conditions, as discussed in Section V.G, Geology and Soils, would greatly increase construction costs for such a structure. For these reasons, this alternative would not support Objective 2, which aims to develop additional parking that minimizes costs to the extent feasible while still achieving the purpose of the Project. Furthermore, as discussed in more detail below, the Parking Structure alternative would not avoid or minimize environmental impacts to the same extent as the proposed Project (Objective 3). The Parking Structure alternative would likely result in greater visual impacts as it would be much more visible from public vantage points due to its height. In addition, the severity of site hazards associated with exposure to a seismic event would likely increase with development of the Parking Structure alternative because site users would be located within a multiple-story structure rather than out in the open during such an event. Also, while no known historical or archaeological resources would be affected by redevelopment of the existing staging area with a multi-level parking structure, similar to the proposed Project, excavation could reveal previously unidentified resources due to the known archaeological sensitivity of the Project area and vicinity. The EBRPD Board of Directors finds that the Parking Structure alternative would not meet the Project objectives to the same extent as the proposed Project, and would not avoid or minimize environmental impacts to the same extent as the proposed Project, and therefore rejects this alternative as infeasible. 4. Off-site Parking Alternative The Off-site Parking alternative would require the District to procure or lease an off-site parking area. The City of Fremont owns a small 1.7-acre parcel immediately to the west of the Preserve boundary in the vicinity of the existing Stanford Avenue Staging Area. A parking area at this site would accommodate a maximum of 75 parking spaces. The site is bisected by an underground San Francisco Water District Aqueduct running in the north-south direction. Grading and construction is limited above the aqueduct to prevent damage, which could make implementation of this alternative infeasible. This alternative would provide additional parking within walking distance without affecting resources within the Preserve. However, since the property is owned by the City of Fremont, the District would need to negotiate and enter into a new agreement with the City of Fremont for its use. The Off-site Parking alternative would achieve the District’s Project objectives related to the provision of additional parking to better accommodate demand for trail access, although to a far lesser extent than the proposed Project. However, Objective 1, which aims to develop parking on lands leased by the District from the City, would not be achieved. Objective 6, construction of additional permanent restroom facilities, would

99 also not be achieved. In addition, given the visitor demand for parking at the Stanford Avenue staging area, the additional 75 parking spaces would be inadequate to serve visitor demand. Therefore, this alternative would not meet the Project objectives of developing additional parking within the District's leased lands to accommodate park users, would provide only minimal help to reduce overflow parking on neighborhood streets in the surrounding area, and would not construct additional restroom facilities to accommodate visitors. Therefore the EBRPD Board of Directors rejects this alternative as infeasible. 5. Maximum Parking Alternative The Maximum Parking alternative would result in construction of both Project Option A and Project Option B within the Preserve near the Stanford Avenue trailhead for a total maximum of 600 new parking spaces. These new parking spaces are assumed to be in addition to the existing 43 spaces at the Stanford Staging Area, for a total of 643 spaces with implementation of the Maximum Parking alternative. The Maximum Parking alternative would result in temporary disturbance of approximately 25 acres within the Preserve of which there would be a total area of approximately 20 acres of permanent disturbance. The total area of new impervious surfaces would be 5.88 acres at both the Option A and Option B sites. The Maximum Parking alternative would include new picnic tables, kiosk, drinking fountains, and restrooms at both Project Option A and Project Option B sites. A new vehicular access roadway and trail connections within the boundary of Mission Peak would be required to provide access to the new staging areas. New stormwater controls, including detention ponds, landscaping, and utilities infrastructure would be required and would be the same as the improvements proposed as part of the Project’s development of the Option A and Option B sites. Repair of the existing culvert within a segment of the tributary to Agua Caliente Creek associated with Option A and the culvert removal and restoration to a natural condition associated with Option B would occur with the Maximum Parking alternative. The vehicular bridge to access the Option B site and the trail bridge to access the Hidden Valley Trail from the Option B site would be required with the Maximum Parking alternative. The Maximum Parking alternative assumes that all elements associated with both the Option A and Option B sites described in Chapter III, Project Description would be included; all the potential environmental impacts associated with development of Option A and Option B would result, and implementation of all the mitigation measures identified to ensure a less-than-significant impact would be required. The Maximum Parking alternative would achieve almost all of the Project objectives, but would cost significantly more than constructing just one of the two proposed options and therefore would not meet Objective 2 which aims to minimize costs while achieving the Project purpose. This alternative would likely provide ample parking to meet visitor demand for parking at the Stanford Avenue entrance to Mission Peak, even when considering the latent demand survey results associated with the provision of additional parking spaces. The Maximum Parking alternative would help reduce overflow parking on neighborhood streets to a greater extent than the proposed Project. However, this alternative would result in twice the amount of construction compared to the proposed Project and would thus result in greater impacts on the environment than construction of either option alone. In addition, the potential impacts to cultural resources with development of the Option B site would be greater than construction of the proposed Project at the Option A site alone. Therefore the EBRPD Board of Directors finds that the Maximum Parking alternative would not avoid or minimize environmental impacts to the same extent as the proposed Project and would not meet the Project objectives to the same extent as the proposed Project. Therefore this alternative is rejected as infeasible. H. SUMMARY Based on the foregoing Findings and the information contained in the record, the EBRPD Board of Directors has found that each of the potentially significant effects of the Project is mitigated to a less- than-significant level by the changes or alterations that have been required in, or incorporated into the

100 Project. Based on the foregoing Findings and the information contained in the record, it is determined that none of the other alternatives to the Project is feasible or desirable.

821528.3

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113 24 PROJECT Berkeley LOCATION San Francisco Ohlone 680 S an Francisc College 580 Land Hayward o Bay 880 PACIFIC OCEAN San Mateo Fremont 280  Milpitas Palo Alto San Jose

9 Los Gatos 1 101

9 REGIONAL LOCATION 17

MISSIONMISSION PPEAKEAK REGIONALREGIONAL PRESERVEPRESERVE

OPTION A City of Fremont Land

OPTION B East Bay Regional Park District Land

FREMONT HILLS OPEN SPACE

FIGURE I-1

Mission Peak Regional Preserve Boundary

Jurisdictional Boundaries

Option A and Option B Sites Stanford Avenue Staging Area Expansion Project EIR

SOURCES: EBRPD; LSA ASSOCIATES, INC., 2015. Project Vicinity and Regional Location Map I:\EBR1201 Stanford Ave\figures\Fig_I1.ai (4/21/15)

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EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Funds Between Fund Sources From Another Department DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT Account: Capital Fund-Design Dept.- Mission Peak-Work In Progress-Design Expansion of Stanford Staging Area Parking- Measure WW Funds, Mission Peak Regional Preserve Allocation Area- Consultants

333-7110-114-7020/148100 WP41-005 $ 654,252 Account: Capital Fund-Design Dept.- Mission Peak-Work In Progress-Design Expansion of Stanford Staging Area Parking- Measure WW Funds, Ridge Trail Allocation Area-Design/Project Management

333-7110-114-7020/148100 WP54-004 200,000 Account: Capital Fund-Design Dept.- Mission Peak-Work In Progress-Design Expansion of Stanford Staging Area Parking- Measure WW Funds, Ridge Trail Allocation Area-Consultants

333-7110-114-7020/148100 WP54-372 145,748 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on September 20, 2016 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $654,252 and $345,748 from Measure WW development funds, allocation areas Mission Peak and Ridge Trails, respectively.

As approved at the Board of Directors Meeting on: Date: 9/20/2016 Board of Directors Resolution Number: 2016-09- Posted By: Date: Signature

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AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Transfer Funds for the Improve Public Safety Building Project: Public Safety Headquarters Building (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer of $300,000 into the Improve Public Safety Building Project (Project #155100) from the Reconstruct Buildings Project (Project #152500) to fund improvements to the current Public Safety Headquarters Building at Lake Chabot.

REVENUE/COST

SOURCE OF FUNDS Improve Public Safety Building (Project #155100) $0 Transfer Promissory Note Funds from Reconstruct Buildings (Project #152500 DP12) 300,000 TOTAL FUNDS AVAILABLE $ 300,000 USE OF FUNDS Construction contract with contingency 225,000 Other project costs 75,000 TOTAL USE OF FUNDS $ 300,000

This action is transferring a portion of the 2012 promissory note funds located in the Reconstruct Buildings project. The available balance remaining after this transfer is $20,498,977.

BACKGROUND

The East Bay Regional Park District’s Public Safety Division is currently seeking options for a new permanent location for their Headquarters Building. While a permanent solution is being sought, the current Headquarters Building is in need of renovation due to the aging facility. The heating and ventilation (“HVAC”) system is outdated and inefficient, the windows are single-paned and are not energy efficient, and the building’s exterior and interior are in need of

114 new paint and other improvements.

The Improve Public Safety Building project involves renovating the building which may include door and window replacements, HVAC system upgrades, installation of drop ceilings, interior painting of offices and hallways, exterior painting, installation of gutters and downspouts, and other exterior improvements. When Public Safety moves into a new facility, these improvements will still be valuable, as it is the intention to relocate Operations and other staff into the building. This work will be managed by the Project Management Unit for the Public Safety Division.

ALTERNATIVES

No alternatives are recommended.

115 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO TRANSFER FUNDS FOR THE IMPROVE PUBLIC SAFETY BUILDING PROJECT: PUBLIC SAFETY HEADQUARTERS BUILDING

WHEREAS, the East Bay Regional Park District (District) desires to renovate the aging Public Safety Headquarters Building; and

WHEREAS, there are funds available from the Reconstruct Buildings Project (Project #152500) for this purpose;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the transfer of $300,000 Promissory Note Funds into the Improve Public Safety Building Project (Project #155100DP12) from the Reconstruct Buildings Project (Project #152500DP12) as noted in 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.

Moved by Director , seconded by Director , and adopted this 4th day of October, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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119 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation Between Fund Sources From New Revenues X Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital- Account Name: Expense: Capital- Design and Construction-Public Safety Design and Construction--Work in Headquarters-Work in Progress/Project Progress/Improve Public Safety to Reconstruct Buildings/Contract Work Bldg/Contract Work

Account: 333-7110-757-7020 / Account: 333-7120-757-7020 / 152500DP12-009 $ 300,000 155100DP12-009 $ 200,000 Account Name: Expense: Capital- Design and Construction--Work in Progress/Improve Public Safety Bldg/Design Project Admin

Account: 333-7120-757-7020 / 155100DP12-003 $ 30,000 Account Name: Expense: Capital- Design and Construction--Work in Progress/Improve Public Safety Bldg/Design Project Mangement

Account: 333-7120-757-7020 / 155100DP12-004 $ 30,000 Account Name: Expense: Capital- Design and Construction--Work in Progress/Improve Public Safety Bldg/Consultants

Account: 333-7120-757-7020 / 155100DP12-005 $ 40,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on October 04, 2016 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $300,000 2012 Promissory Note Fund to a new capital project that will improve the Public Safety Administration Building.

As approved at the Board of Directors Meeting on date: 10/4/2016 Board of Directors Resolution Number: 2016-10- Posted By: Posted date: Signature:

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121 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Accept and Appropriate Funds from Pacific Gas & Electric for Breuner Marsh Vegetation Management: Point Pinole Regional Shoreline (Barton/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors accept and appropriate funds from Pacific Gas & Electric Company (PG&E) for vegetation management for Breuner Marsh at Point Pinole Regional Shoreline.

REVENUE/COST

This action proposes approval of the acceptance of funds from PG&E in the amount of $40,000 to be budgeted to the Restore Breuner Marsh project #148000 upon receipt of the executed agreement. This action will not increase the long term operating cost of the District.

BACKGROUND

The Restore Breuner Marsh project is being implemented in phases with Phase 1 (2014) mass grading and habitat restoration completed in 2014. Phase 2 (2015) public access improvements were completed in January/February 2016 by RGW Construction, Livermore, California. Phase 2 (2015) included a staging area, vault restrooms, Bay Trail to picnic area, picnic area and park furnishings, spit trail, overlook areas, and Rheem Creek Bridge.

Phase 3 (2016) is the final project phase. It will complete the segment of Bay Trail from the end of Goodrick Avenue to Point Pinole. Elevated concrete boardwalk structures will cross over tidal marsh and sloughs.

PG&E will be working on high voltage electric transmission poles in the vicinity of the terminus of Morton Avenue on the west side of the Union Pacific Railroad tracks, and will need to access the Breuner Marsh project site as part of this work. PG&E has agreed to fund $40,000 toward vegetation management at Breuner Marsh to offset project impacts.

ALTERNATIVES

No alternatives are recommended.

122 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 -

October 4, 2016

ACCEPT AND APPROPRIATE FUNDS FROM PACIFIC GAS & ELECTRIC FOR BREUNER MARSH VEGETATION MANAGEMENT: POINT PINOLE REGIONAL SHORELINE

WHEREAS, Pacific Gas & Electric Company (PG&E) will be working on high voltage electric transmission poles in the vicinity of the terminus of Morton Avenue on the west side of the Union Pacific Railroad tracks; and

WHEREAS, PG&E will need to access the Restore Breuner Marsh project site at Point Pinole Regional Shoreline to undertake this work; and

WHEREAS, Breuner Marsh is in need of vegetation management; and

WHEREAS, PG&E and the East Bay Regional Park District have negotiated an agreement for the payment of $40,000 for vegetation management and to offset project impacts;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts and appropriates $40,000 from PG&E to be budgeted to the Restore Breuner Marsh Project #148000GP19, as noted in the Budget Change Form attached hereto; and

Moved by Director , seconded by Director , and adopted this 4th day of October, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

123 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Environmental Programs Depart.-Point Pinole-Construction-Restore Breuner Marsh-PG&E Funds-Contracted Services

Account: 333-7350-496-7020 / 148000GP19-009 $ 40,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on October 4th, 2016, the General Manager recommends that the Board of Directors authorize the appropriation of $40,000 from PG&E to augment the existing project budget to Restore Breuner Marsh.

As approved at the Board of Directors Meeting on date: 10/4/2016 Board of Directors Resolution Number: 2016-10- Posted By: Posted date: Signature:

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125 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Authorization to Appropriate Funds and Award a Contract to Devaney Engineering, Inc. for the Construction of the Landscape, Irrigation and Waterline Extension Project: Oyster Bay Regional Shoreline (Lim/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Authorize the award of a contract in the amount of $192,494 to Devaney Engineering Inc., San Francisco, California, the lowest responsive responsible bidder for the Landscape and Irrigation and Waterline Extension Project at Oyster Bay Regional Shoreline.

2. Appropriate $228,171 from Oyster Bay Measure AA funds.

REVENUE/COST

SOURCE OF FUNDS Improve Access & Picnic (Project #142401) $ 700,981 Encumbrances and Expenditures to Date* (651,652)

Appropriation of funds from Oyster Bay AA 228,171 Funds FUNDS AVAILABLE $ 277,500

USE OF FUNDS Construction Contract $ 192,494 Other Project costs 85,006 PROJECT TOTAL $ 277,500

BALANCE REMAINING $ 0 *The encumbrances and expenditures to date include approximately $450,000 from the 2011 Irrigated Turf and Tree Planting Project.

126 The appropriation of Measure AA funds recommended in this action will leave a balance of $242,140 in Measure AA Development funds. There is also $314,587 in Measure AA Acquisition funds as well as $2 million in Measure WW funds available for future improvements to Oyster Bay.

BACKGROUND

On March 1, 2011, the District entered into a Landscape Funding Agreement with Waste Management of Alameda County, Inc., for the installation and maintenance of trees at Oyster Bay Regional Shoreline (Park). Waste Management has contributed $90,071 toward the project for design and construction costs, and $95,102 for tree maintenance costs. The Landscape and Irrigation and Waterline Extension project includes planting trees along the eastern boundary of the Park to provide a buffer to screen the view of the Waste Management facility. The project also includes extending the irrigation waterline for future improvements in the Park.

A formal Notice to Bidders for this project was published on Thursday, July 28, 2016 in the newspaper the District uses for this purpose. The project was also posted on the District’s online planroom and at thirteen different builders’ exchanges. Two firms submitted bids by the bid due date of Thursday, August 25, 2016, 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 Devaney Engineering Inc., San Francisco $ 192,494 McGuire and Hester, Oakland $ 255,000 ENGINEER’S ESTIMATE: $ 125,000 (Total Base Bid)

The difference between the low bid and the engineer’s estimate is likely attributed to two primary reasons. Firstly, the estimate did not adequately factor the potential for the limited interest in the project due to the unique requirements of working on a landfill. Typically, the fewer the bids, the higher the price. Secondly, the estimate did not adequately factor in the escalation of construction cost that has been taking place in the Bay Area.

ALTERNATIVES

No alternatives are recommended.

127 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO APPROPRIATE FUNDS AND AWARD A CONTRACT TO DEVANEY ENGINEERING, INC. FOR THE CONSTRUCTION OF THE LANDSCAPE, IRRIGATION AND WATERLINE EXTENSION PROJECT: OYSTER BAY REGIONAL SHORELINE

WHEREAS, the East Bay Regional Park District (District) desires to improve the Oyster Bay Regional Shoreline; and

WHEREAS, the Landscape and Irrigation and Waterline Extension Project (Project # 142401) provides for landscaping and irrigation improvements at the Oyster Bay Regional Shoreline; and

WHEREAS, this project will fulfill the provisions of the 2011 Landscape Funding Agreement by and between the East Bay Regional Park District and Waste Management of Alameda County, Inc.; and

WHEREAS, the District advertised for bids for construction of the Landscape and Irrigation and Waterline Extension Project and received two (2) bids; and

WHEREAS, Devaney Engineering Inc., San Francisco, California was the lowest responsive responsible bidder; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract to Devaney Engineering Inc., in the amount of $192,494; and

BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby appropriates $228,171 from Measure AA Development Funds-Oyster Bay Allocation Area to the Landscape and Irrigation and Waterline Extension Project (#142401) per the Budget Change form attached hereto; and

128 Moved by Director , seconded by Director , and adopted this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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131 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation Between Projects Between Funds From Another Department DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: CIP Fund-Design & Constr.-Oyster Bay-Improve Public Access & Picnic-Site Assessment

Account: 333-7110-473-7020 / 142401 BAAA - 002 $ 16,000 Account Name: Expense: CIP Fund-Design & Constr.-Oyster Bay-Improve Public Access & Picnic-Project Admin

Account: 333-7110-473-7020 / 142401 BAAA - 003 $ 45,500 Account Name: Expense: CIP Fund-Design & Constr.-Oyster Bay-Improve Public Access & Picnic-Project Mgmt

Account: 333-7110-473-7020 / 142401 BAAA - 004 $ 98,200 Account Name: Expense: CIP Fund-Design & Constr.-Oyster Bay-Improve Public Access & Picnic-Related Onsite Contract

Account: 333-7110-473-7020 / 142401 BAAA - 006 $ 800 Account Name: Expense: CIP Fund-Design & Constr.-Oyster Bay-Improve Public Access & Picnic-Contract Admin

Account: 333-7110-473-7020 / 142401 BAAA - 008 $ 19,250 Account Name: Expense: CIP Fund-Design & Constr.-Oyster Bay-Improve Public Access & Picnic-Construction Contract

Account: 333-7110-473-7020 / 142401 BAAA - 009 $ 48,421 REASON FOR BUDGET CHANGE ENTRY: As being presented at the Board of Directors meeting on October 4th, 2016 the General Manager recommends that the Board of Directors authorize the appropriation of $228,171 Measure AA bond principal funds from the Oyster Bay development allocation area, to be used toward the access improvements in project 142401. This budget change will augment the existing project budget and rebalance the task group budgets for the Measure AA funding source.

As approved at the Board of Directors Meeting on: Date: Board of Directors Resolution Number: 2016-10- Posted By: Date: 10/4/2016 Signature T:\BOARDCLK\BOARD MATERIAL\2016\16 - October 4, 2016\S DRIVE\D-1-h ASD 142401 Oyster Bay Improve Public Access & Picnic.xlsx

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133 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Authorization to Transfer and Appropriate Legal Contingency Funds to Cover Unexpected 2016 Legal Expenses (Victor/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize transfer and appropriation of $400,000 in the Legal Reserve Account to cover unexpected legal expenses in 2016.

REVENUE/COST

SOURCE OF FUNDS Legal Contingency- General Fund Committed Fund Balance Balance 2844 $ 1,000,000

USE OF FUNDS Appropriate to 2016 Legal Services Budget (Expenses) 101-2120-000-6111 $ 400,000

BACKGROUND

The District’s Legal Division is responsible for managing all of the District’s legal affairs. The Division’s annual budget is set at a level that covers annual legal expenses for outside counsel, claims, settlement, experts and other needs in most years. For years with an extraordinary level of legal activity, the Board of Directors has committed $1 million of General Fund fund balance to be utilized, with Board authorization, as the need arises due to significant legal expenses.

In 2016, the Legal Division has been very active on a number of complex legal matters and litigation matters that will exhaust the existing budget by approximately $400,000.

Previously, the Division’s budget for legal expenses was established at $1 million annually. In 2012, as part of the District-wide cost-cutting efforts, the Legal Division’s budget for legal expenses was reduced to $500,000 annually. At the same time, a $1 million Legal Reserve fund was established to provide a source of funds for those years in which legal expenses exceeded budgeted funds.

Per the District’s Fund Balance Reserve policy, staff intends that the Committed Legal Contingency be replenished during the 2017 year. Should legal expenses for 2017 again rise to levels that exceed

134 the authorized budget capacity, staff will return to the Board seeking action to ensure the uninterrupted provision of legal services during the year, and future annual budgets may be recommended for adjustment.

ALTERNATIVES

None are recommended.

135 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 -

October 4, 2016

AUTHORIZATION TO TRANSFER AND APPROPRIATE LEGAL CONTINGENCY FUNDS TO COVER UNEXPECTED 2016 LEGAL EXPENSES

WHEREAS, in 2016 the East Bay Regional Park District has been involved in several complex legal issues and litigation matters; and

WHEREAS, the Legal Division does not have sufficient funds budgeted to cover legal expenses fees and costs for the remainder of the year, and anticipates a budget shortfall; and

WHEREAS, the General Manager recommends appropriation of $400,000 from the General Fund Committed Fund Balance Legal Contingency (2844) to the Legal Division Budget to cover legal fees and costs so that sufficient funding is available to cover legal fees and expenses for the remainder of the year.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of $400,000 from the General Fund Committed Fund Balance for Legal Contingency to the Legal Division Services Budget as indicated on the attached budget change form; and

Moved by , seconded by Director , and adopted this 4th day of October, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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137 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

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

Account: 101-2120-000-6111 $ 400,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on October 4, 2016, the General Manager recommends that the Board of Directors authorize the appropriation of $400,000 from the General Fund, committed legal contingency funds, tracked in object 2844. The appropriated funds will be used to cover unanticipated legal expenses incurred in 2014, including the costs from the Borel estate resolution.

As approved at the Board of Directors Meeting on date: 10/4/2016 Board of Directors Resolution Number: 2016-10- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2016\16 - October 4, 2016\S DRIVE\D-1-i LEGAL Legal Committed Funds Appropriation.xlsx

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139 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Authorization to Amend Contract with FOCON, Inc for the Trail and Staging Area Rehabilitation: Sibley/Huckleberry Regional Preserves (Sykes/Rasmussen/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an amendment to the contract with FOCON Inc., Oakland, CA by an additional $3,009 in construction contingency for rehabilitation of the trails and staging area at Sibley/Huckleberry Regional Preserves.

REVENUE/COST

There are sufficient funds available in the project budget for this action.

SOURCE OF FUNDS Improve Trails, Sibley/Huckleberry (151200) $ 454,272 Expended/Encumbered to Date $ 361,991 TOTAL AVAILABLE $ 92,281

USE OF FUNDS Improve Trails, Sibley/Huckleberry (151200) $ 92,281 Additional Construction Contingency $ 3,009 TOTAL REMAINING $ 89,272

BACKGROUND

On April 5, 2016, the Board awarded a $197,000 construction contract along with a $39,400 construction contingency to FOCON Inc., Oakland, CA for the project (Resolution 2016-04-086). An additional $3,009 construction contingency would bring the total cost of the construction contract to $239,409. Improvements to the narrow gauge trails need to be worked out in the field during construction. Additional wooden steps were added to the trails at Huckleberry. The

140 rock work at Sibley was nearly doubled in length and there was increased concrete, paving and underground work in the staging area.

ALTERNATIVE

No alternative recommended.

141 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO AMEND CONTRACT WITH FOCON, INC FOR TRAIL AND STAGING AREA REHABILITATION: SIBLEY/HUCKLEBERRY REGIONAL PRESERVES

WHEREAS, on April 5, 2016, the East Bay Regional Park District Board of Directors awarded a $197,000 construction contract along with a $39,400 construction contingency to FOCON Inc., Oakland, CA for the project (Resolution 2016-04-086); and

WHEREAS, an additional $3,009 construction contingency would bring the total cost of the contract to $239,409; and

WHEREAS, improvements to narrow gauge trails need to be worked out in the field during construction and additional wooden steps were added to Huckleberry, the rock work at Sibley was nearly doubled and there was increased concrete, paving and underground work in the staging area;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a contract amendment in the amount of $3,009 to FOCON Inc., Oakland, CA for rehabilitation of the trails and staging area at Sibley/Huckleberry Regional Preserves for a total encumbrance of $239,409 from Project Account (151200) Improve Trails, Sibley/Huckleberry; and

Moved by Director , seconded by Director , and approved this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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143 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

k. Authorization to Apply for Grants from the Alameda County Transportation Commission for Various Regional Trails: District Wide (Margulici/Dougan/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize grant applications to the Alameda County Transportation Commission for grant funds from the 2018 Comprehensive Investment Plan.

REVENUE/COST

This action proposes authorization of up to six grant applications for high-priority transportation- related trail projects in Alameda County totaling approximately $5.5 million. Proposed applications include the following: 1. Approximately $850,000 for construction of the San Francisco Bay Trail Gilman to Buchannan. 2. Approximately $2,500,000 for construction of the San Francisco Bay Trail Doolittle Drive. 3. Approximately $490,000 for capital trail maintenance projects. 4. Approximately $1,000,000 for construction of Iron Horse Trail Connector to Tassajara Creek/Ridge Trail segments. 5. Approximately $450,000 for design of the San Francisco Bay Trail Tidewater to High Street. 6. Approximately $400,000 for a trail development plan at Gateway Park.

Construction of new trails will increase the long term operational cost of the District.

BACKGROUND

The Alameda County Transportation Commission (Alameda CTC) has initiated a call for project nominations for its 2018 Comprehensive Investment Plan (2018 CIP). The 2018 CIP will program funding anticipated for fiscal years 2017-18 through 2021-22. Alameda CTC is responsible for planning, funding and delivering transportation projects and programs within Alameda County. This includes the programming of federal, state, regional and local transportation funding. The

144 2018 CIP is Alameda CTC’s near-term strategic planning and programming document through which fund sources administered by Alameda CTC are programmed through a consolidated process to maximize investments towards critical transportation infrastructure and program operations needs that are essential for developing and maintaining the County’s transportation system. These projects represent high priority projects in the Regional Trails network that maintain safe, high quality trails, close gaps and connect with transportation hubs, jobs and activity centers.

ALTERNATIVES

No alternatives are recommended.

145 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

OCTOBER 4, 2016

AUTHORIZATION TO APPLY FOR GRANTS FROM THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR VARIOUS REGIONAL TRAILS: DISTRICT WIDE

WHEREAS, the Alameda County Transportation Commission is authorized to provide grants for the construction and improvement of regional trails in Alameda County through the 2018 Comprehensive Investment Plan; and

WHEREAS, the District is proposing to submit up to six applications for the following transportation-related projects: 1. Approximately $850,000 for construction of the San Francisco Bay Trail Gilman to Buchannan. 2. Approximately $2,500,000 for construction of the San Francisco Bay Trail Doolittle Drive. 3. Approximately $490,000 for capital trail maintenance projects. 4. Approximately $1,000,000 for construction of the Iron Horse Trail Connector to Tassajara Creek/Ridge Trail segments. 5. Approximately $450,000 for design of the San Francisco Bay Trail Tidewater to High Street. 6. Approximately $400,000 for a trail development plan at Gateway Park.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the filing of grant applications with the Alameda County Transportation Commission; and

BE IT FURTHER RESOLVED, appoints the General Manager or Assistant General Manager of Finance and Management Services/CFO as agent of the East Bay Regional Park District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendment, payment requests and performs such acts, which may be necessary for the completion of the aforementioned project; and

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

146 Moved by Director , seconded by Director , and approved this 4th day of October 2016, by the following vote:

FOR: AGAINST: ABSTAIN: ABSENT:

147 Alameda County Transportation Commission 2018 Comprehensive Investment Plan: Proposed Projects October 4, 2016

San Francisco Bay Trail Gilman to Buchannan

(! San Francisco Bay Trail Gateway/Bay Bridge

Crown Beach, Bay Trail Iron Horse Trail Connector to Capital Maintenance Tassajara Creek Trail

(! (! San Francisco Bay Trail Tidewater to High Street (!

San Francisco Bay Trail Doolittle Drive

Hayward Shoreline, Bay Trail Capital Maintenance

Coyote Hills, Bay Trail Capital Maintenance (!

1 inch = 19,090 feet (! Alameda Creek Trail Miles Capital Maintenance " 0 1 2 4 6 8 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 representations 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 ap for other than its intended purpose requires the written consent of EBRPD.

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149 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

L. Authorization to Accept and Appropriate Grant Funds on an Ongoing Basis and Transfer Funds for California Water Resources Control Board Grant for Water Quality Monitoring: District Wide (Rasmussen/Graul/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors accept and appropriate grant funds on an ongoing basis and transfer funds to appropriate accounts for California Water Resources Control Board Water Quality Monitoring grant, District wide.

REVENUE/COST

TRANSFER OF FUNDS Monitor Water Quality (508101) Current Budget $ 203,824.43 Transfer from Stewardship Staffing (101-7480-000-4021) $ 60,000.00 NEW BUDGET $ 263,824.43

BACKGROUND

In 2012 and 2013, the Board approved ongoing acceptance grant funds annual from the California Water Resources Control Board for water quality testing at all the District’s public beaches (Resolution #2012-4-079 & 2013-11-236). The District is required to conduct this testing regardless of grant funding (approximately $100,000 per year). Since 2012 the amount of annual grant funding has risen from $35,000 per year up to the current $75,000.

However, the timing for receiving these grant is off because the State is on a fiscal calendar and the District is on an annual calendar. Over the past five years, in ineligible charges have hit the grant. Staff request the one-time transfer of $60,000 from Stewardship and authorization to budget the grant when the State awards the grant rather than waiting until a signed grant contract is received.

ALTERNATIVES

None are recommended.

150 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO ACCEPT AND APPROPRIATE GRANT FUNDS ON AN ONGOING BASIS AND TRANSFER FUNDS FOR CALIFORNIA WATER RESOURCES CONTROL BOARD GRANT FOR WATER QUALITY MONITORING: DISTRICT WIDE

WHEREAS, in 2012 and 2013, the Board of Directors of the East Bay Regional Park District approved ongoing acceptance grant funds annual from the California Water Resources Control Board for water quality testing at all the District’s public beaches (Resolution #2012-4-079 & 2013-11-236); and

WHEREAS, the District is required to conduct this testing regardless of grant funding (approximately $100,000 per year) and since 2012 the amount of annual grant funding has risen from $35,000 per year up to $75,000; and

WHEREAS, the timing for receiving these grant is off because the State is on a fiscal calendar and the District is on an annual calendar and over the past five years, in ineligible charges have hit the grant and going forward to avoid the timing difference, the grant award would be budgeted to project;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer of $60,000 from Stewardship Department, Environmental Services Unit (101-7480-000-4021) to Monitor Water Quality (508101DS10), per the Budget Change Form attached hereto; and

BE IT FURTHER RESOLVED, that the Board hereby authorizes the acceptance and appropriation of grant funds on an ongoing basis for water quality testing; and

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

Moved by Director , seconded by Director and approved this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

151 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation X Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: General Fund- Account Name: Expense: OTA Fund- Environmental Services Unit-District Stewardship Administration-Crown Beach- Wide-Salary Service-Monitor Water Quality Project- District Funds-Consultants

Account: 336-7420-409-6191/ 508101 101-7480-000-4021 $ 60,000 DS10-005 $ 60,000 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Other General Fund-Non Departmental-District Than Asset Fund-Non Departmental- Wide-Transfer Out District Wide-Transfer In

Account: 101-9110-000-9980 $ 60,000 Account: 336-9110-000-3980 $ 60,000 As being presented to the Board of Directors October 4th, 2016, the General Manager recommends that the Board approve the transfer and appropriation of $60,000 unused General Fund salary from the Enviromental Services Unit to cover consultant costs related to the water quality monitoring in project 508101.

As approved at the Board of Directors Meeting on date: 10/4/2016 Board of Directors Resolution Number: 2016-10- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2016\16 - October 4, 2016\S DRIVE\D-1-L FIN 508101 Monitor Water Quality.xlsx

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153 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

m. Authorization to Transfer General Fund Budget to Other Than Assets Project Between the Fire Department and the Maintenance Department (McCormick/T. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer of $35,000 from the Fire Department’s general fund budget to the Maintenance Department project fund to assist with construction and renovation costs of the storage area in the service yard.

REVENUE/COST

The projected cost of installing five roll up doors at the storage area at Del Valle is $35,000. Staff is requesting the transfer of $35,000 from the Fire Department’s general fund budget to assist with the installation.

TRANSFER FROM: Account 101-8310-000-6191 General Fund - Fire Department - Other Services $ 285,769 Expenditures and Encumbrances to Date ($171,457) Funds Available $ 83,311

TRANSFER TO: Account 336-5915-000-6444-516400-372 OTA - Maintenance Unit Admin. - Maintain Infrastructure $ 35,000

BACKGROUND

The Fire Station located in the Del Valle service yard maintains a parking area for fire apparatus, lifeguard and police vehicles. These parking areas are not fully enclosed and leave the vehicles and their equipment exposed to the elements, resulting in damage and deterioration. The transfer of these funds would be used to install five manually operated bay doors and an entrance door to the newly developed storage area. These additions will make the work area more

154 functional while keeping apparatus and equipment protected from the elements. Staff is requesting Board approval of this transfer as it is between departments and exceeds $25,000.

ALTERNATIVES

No alternatives are recommended.

155 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 –

October 4, 2016

AUTHORIZATION TO TRANSFER GENERAL FUND BUDGET TO OTHER THAN ASSETS PROJECT BETWEEN THE FIRE DEPARTMENT AND THE MAINTENANCE DEPARTMENT

WHEREAS, the East Bay Regional Park District Maintenance Department is making service yard improvements at Del Valle Regional Park; and

WHEREAS, The Fire Department would like provide additional funding to install doors for the housing of public safety vehicles; and

WHEREAS, the District’s Board Operating Guidelines require Board approval for transfers between departments that exceed $25,000; and

WHEREAS, The Fire Department has funds available in its general fund budget to allocate to this installation;

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes and directs the General Manager on behalf of the Park District to perform the transfer of $35,000 from Fire Department’s Other Services account 101- 8310-000-6191 to the Maintenance Department’s Maintain Infrastructure project fund: 336-5915- 000-6444-516400-372; and

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

Moved by Director , seconded by Director , and adopted this 4th day of October 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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157 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS New Appropriation X Between Funds From New Revenues Between Projects DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: General Fund- Account Name: Expense: OTA Fund- Fire Dept-District Wide-Services MAST-District Wide-Service/ Maintain Infrastructure Project-District Funds- Contracted Work

Account: 336-8310-000-6444 / 516400 101-8310-000-6191 $ 35,000 DS10-009 $ 35,000 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Other General Fund-Non Departmental-District Than Asset Fund-Non Departmental- Wide-Transfer Out District Wide-Transfer In

Account: 101-9110-000-9980 $ 35,000 Account: 336-9110-000-3980 $ 35,000 As being presented to the Board of Directors October 4th, 2016, the General Manager recommends that the Board approve the transfer and appropriation of $35,000 unused General Fund services budget from the Fire Department to cover project costs related to the project to Maintain Infrastructure: 516400.

As approved at the Board of Directors Meeting on date: 10/4/2016 Board of Directors Resolution Number: 2016-10- Posted By: Posted date: Signature:

T:\BOARDCLK\BOARD MATERIAL\2016\16 - October 4, 2016\S DRIVE\D-1-m PSAFETY 516400 Fire Dept GF Trans.xlsx

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159 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

n. Resolution to Support Measure C1 – AC Transit Parcel Tax (Pfuehler/Doyle)

RECOMMENDATION

The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support Measure C1 – AC Transit Parcel Tax.

REVENUE/COST

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

BACKGROUND

The Alameda-Contra Costa Transit District (AC Transit) measure will reauthorize their existing parcel tax by 20 years on the November ballot. It would extend the existing $8 per month parcel tax at current levels for 20 years, with no increase in tax rate. This parcel tax has consistently brought in approximately $29.5 million for AC Transit operation and maintenance costs since it was last renewed in 2008 with 72% of votes. AC Transit utilizes the parcel tax funds to maintain bus service availability and affordability to riders, specifically youth, commuters, seniors and persons with disabilities. This measure first went to voters in 2002 and was reauthorized in 2004 and 2008. The current tax will sunset in 2018.

AC Transit services Crab Cove, Tilden Park, Chabot Space and Science Center, and Ardenwood Farm, among other Park District facilities. As part of the District’s Healthy Parks Healthy People initiative, the number one obstacle found preventing more individuals from using parks is transportation. AC Transit is also a long time member of the Alameda County Special Districts Association which was founded by the District. The relationship between the two agencies is meaningful and supporting Measure C1 is consistent with the long-term effort to enable more people to experience District facilities.

ALTERNATIVES

None recommended.

160 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 -

October 4, 2016

RESOLUTION TO SUPPORT MEASURE C1 – AC TRANSIT PARCEL TAX

WHEREAS, the Alameda-Contra Costa Transit District (AC Transit) is placing a measure on the November ballot to extend their current parcel tax for 20 years, with no increase in tax rate; and

WHEREAS, AC Transit utilizes the parcel tax funds to maintain bus services to riders, specifically youth, commuters, seniors and persons with disabilities; and

WHEREAS, studies indicate the leading barrier which prevents disadvantaged community members from park visitation is transportation; and

WHEREAS, AC Transit services Crab Cove, Tilden Park, Chabot Space and Science Center, and Ardenwood Farm, among other Park District facilities; and

WHEREAS, supporting AC Transit’s continued service to the East Bay community is consistent with the District’s stated goal of improving access to and use of the parks by members of groups that are underrepresented.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support Measure C1 – AC Transit Parcel Tax; and

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

Moved by Director , seconded by Director , and adopted this 4th day of October 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

161 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

o. Resolution to Support Measure RR – Bay Area Rapid Transit General Obligation Bond (Pfuehler/Doyle)

RECOMMENDATION

The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support Measure RR – Bay Area Rapid Transit (BART) General Obligation Bond.

REVENUE/COST

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

BACKGROUND

BART is placing a $3.5 billion general obligation bond measure on the November ballot. This measure aims to improve the safety of BART, as well as to reduce traffic throughout the Bay Area through alternative means of transportation. The funds can only be utilized for infrastructure costs. No funding will be available for operational expenses.

At the August Legislative Committee meeting of the Board, the Committee raised some questions about the District’s partnership with BART. Issues specifically discussed were about BART’s management and overall support for the District. At that time, the General Manger reported about his meeting with BART General Manager Grace Crunican. The meeting, which occurred in May, raised a few issues of importance to the District:

• Public Safety – General Mangers Doyle and Crunican agreed to jointly work on public safety messaging both on the trains and at BART stations regarding trail- pedestrian-bicycle safety – particularly with regard to the Iron Horse and Delta De Anza trails, although probably applicable to all East Bay paved trails. BART is willing to collaborate with EBRPD on trail safety and wayfinding signage. BART Police Department and their Customer Access Department have requested to be connected with the appropriate District staff to facilitate a meeting. District staff is responding.

• Last Mile Gap Closures – In Measure RR, BART is allocating $135 million for a “safety access to stations” competitive grant program. This includes paved trail connections. This funding could leverage Alameda County Transportation Commission Measure BB and Contra Costa Transportation Authority Measure J augmentation funds. 162 State Cap and Trade / Active Transportation funding could also be leveraged. GM Crunican suggested our planning and trail staff meet with their Assistant General Managers for Planning, Development and Construction Val Menotti and Steve Beroldo of their Customer Access Department to work on identifying and promoting six key trail to BART gaps which could be closed if their measure passes. There was also discussion about conducting some last mile analysis. District staff have provided a map of key gap closures to BART staff and are working on a follow up discussion.

• Getting the “Green” Back on the Maps – With the “on-boarding” of the Warm Springs BART station later this fall, the agency will need to re-do it’s train and station maps. GM Crunican stated support for putting the parks and regional trails back on the maps and directed Government and Community Relations Manager Roderick Lee to work on it. They also indicated a willingness to put informational maps, wayfinding signage and other materials at their stations. This remains an item under internal discussion at BART.

• BARTable – BART remains interested in promoting parks that are “BARTable” as a way to increase off-peak ridership. They would be willing to promote a list of our parks which are easily accessible by BART. BART’s Marketing and Research Department curates the featured content published on the BARTable website and enters into co- marketing agreements with organizations such as the District. In exchange for promoting a partner (examples: our website, digital signs in the stations and through email, newsletter and social media), BART requires their partners to promote BARTable via their media channels. District public affairs staff is interested in a partnership with BARTable and has begun discussions about co-marketing. BART has already featured Garin Regional Park as part of their BARTable effort.

• BART to Livermore and Concord Naval Weapons Station – In discussing both of these issues, General Manager Doyle made it clear to General Manager Crunican that BART should keep the District in mind as planning proceeds. BART is still working on a possible Greenville Road station. The District identified the vision of the Iron Horse Trail potentially connecting to BART and ACE at Greenville Road. There is also a need to coordinate as development around the North Concord BART station moves forward. General Manager Doyle made it clear the District views the open space portion of the Concord Naval Weapons Station as a “transit-oriented” open space park and there needs to be a direct trail connection from the BART station to the park and visitor center.

Discussions about all of these issues are on-going between District and BART staff. Support for Measure RR would be helpful in ensuring these issues remain on the table.

With regard to the bond, $3.165 billion will be put towards repair and replacement of critical safety infrastructure such as: • $1.225 billion – to renew power infrastructure; • $625 million – to improve tracks; • $570 million – to repair tunnels and structures; • $400 million – to replace train control and other system infrastructure to increase peak period capacity; • $210 million – to improve stations; • $135 million – to renew mechanical infrastructure. 163 $335 million will be used to relieve crowding, reduce traffic congestion and expand station access and safety by: • $200 million – to design and engineer future projects to relieve crowding, increase system redundancy and reduce traffic congestion; • $135 million – to expand opportunities to safely access the station.

The District would be eligible for the $135 million funding to expand opportunities to safely access stations via bike and pedestrian trails.

After reviewing the information noted above, the Legislative Committee of the Board voted unanimously to support Measure RR at the September 19th meeting.

ALTERNATIVES

None recommended.

164 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 -

October 4, 2016

RESOLUTION TO SUPPORT MEASURE RR – BAY AREA RAPID TRANSIT GENERAL OBLIGATION BOND

WHEREAS, Bay Area Rapid Transit (BART) is placing a $3.5 billion general obligation bond measure on the November ballot; and

WHEREAS, this measure is designed to improve the safety of BART, as well as reduce traffic throughout the Bay Area through alternative means of transportation; and

WHEREAS, within the measure there is $135 million to expand safe access to stations via bike and pedestrian trails for which the District would be eligible to compete; and

WHEREAS, the District is developing partnerships with BART around public safety, safe trail use, wayfinding signage, encouraging riders to take BART to District parks and trails, and planning for future BART connections to District facilities; and

WHEREAS, supporting BART’s continued service to the East Bay community is consistent with the District’s stated goal of participating in partnerships with public agencies to achieve mutual goals.

NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support Measure RR – BART General Obligation Bond; and

Moved by Director , seconded by Director , and adopted this 4th day of October 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

165 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

p. Authorization to Enter into a Concession Agreement with Palmdale Estates Events for the Ardenwood Snack Bar and Reservable Picnic and Wedding Facility Concession: Ardenwood Historic Farm (Waluch/O’Connor)

RECOMMENDATION

The Board Operations Committee, by unanimous vote at its September 15, 2016 meeting, recommend that the Board of Directors authorize a snack bar and reservable picnic and wedding facility concession agreement for three years with one additional three-year period, at District’s discretion, with Palmdale Estates Events for Ardenwood Historic Farm.

REVENUE/COST

The District can expect annual concession fee revenue of $7,500 (5% of gross sales) and $15,000 (10% of gross sales) for the concession maintenance fund to be set aside for site-specific maintenance projects. There will be no cost to the District for this action except for any unknown maintenance or repairs to the property not covered by the concessionaire or the Concession Maintenance Fund.

BACKGROUND

The concession license is part of the Ardenwood Historic Farm operated by the District in partnership with the City of Fremont. The concession premises include the farmyard snack bar (the kitchen building with office space and storage containers) known as the Farmyard Café, the gazebo and surrounding lawn area by the Patterson House, the adjacent lawn and deck area (the “Pool site”) with restrooms and storage, as well as the beverage stand/snack bar and surrounding picnic and play area in the Deer Park Picnic area.

On June 21, 2016, staff issued a Request for Proposal (RFP) seeking a concessionaire for the snack bar and reservable picnic and wedding facility. The concessionaire will provide food service at the Farmyard Café, Deer Park Picnic area and the Pool site for reserved groups for picnics, wedding parties and special events in keeping with the setting of the farm. To offer open competition to the public, the RFP was advertised in local newspapers, posted on the District’s website, and a government agency RFP advertisement website resulting in three submittals from the following prospective operators: 1) Sycamore Concessions Corporation (SCC), 2) Wedgewood Wedding and Banquet Center, and 3) Palmdale Estates Events. After initial screening and review, staff conducted interviews with all three companies to determine how, if awarded the contract, they would best accomplish the defined expectations for revenue, customer service, and future

166 improvements.

After careful consideration, review of the proposals, presentations, and responses to panel interview questions, District staff recommends the Board of Directors approve the selection of Palmdale Estates Events as the concessionaire for the snack bar and reservable picnic and wedding facility at Ardenwood Historic Farm and authorize a three-year concession agreement, with one (1) three-year option period. The basis of the award is centered on the evaluation of Palmdale Estates Events ability to reach a standard level of revenue, proven quality and quantity of service, their numerous years in business, availability of funds for running the facility, the proposed enhancement plan for services, and evidence of ability to accomplish these objectives.

ALTERNATIVES

None are recommended.

167 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO ENTER INTO A CONCESSION AGREEMENT WITH PALMDALE ESTATES EVENTS FOR THE ARDENWOOD SNACK BAR AND RESERVABLE PICNIC AND WEDDING FACILITY CONCESSION: ARDENWOOD HISTORIC FARM

WHEREAS, the snack bar and reservable picnic and wedding facility concession is located in Ardenwood Historic Farm; and

WHEREAS, the East Bay Regional Park District released a Request for Proposal on June 21, 2016 resulting in three submittals from the following prospective operators: 1) Sycamore Concessions Corporation, 2) Wedgewood Wedding and Banquet Center, and 3) Palmdale Estates Events; and

WHEREAS, after careful consideration and review of the proposals and responses to panel interview questions, District staff recommends the selection of Palmdale Estates Events as the concessionaire at Ardenwood Historic Farm; and

WHEREAS, Palmdale Estates Events has extensive experience in managing food and facility concessions, the proven ability to work well with District staff as an approved District caterer, proven ability to reach a standard level of revenue, previous and proposed good quality and quantity of service, and the capability to provide the promised services throughout the term; and

WHEREAS, the Board Operations Committee at its September 15, 2016 has reviewed and unanimously recommended approval of this concession agreement by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes a snack bar and reservable picnic and wedding facility concession agreement for Ardenwood Historic Farm with Palmdale Estates Events for three years with one additional three-year period, at District’s discretion, with annual concession fee revenue of $7,500 (5% of gross sales) to be coded to Account 101-5241-585-3651 and an average of $15,000 (10% of gross sales) will be set aside in a site-specific concession maintenance fund each year to be coded to Account 101-0000-000-2362; and

Moved by Director , seconded by Director , and adopted this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

168 Page Left Blank Intentionally

169 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

q. Authorization to Enter Into a Concession Agreement with Pyramid Enterprises d.b.a. Rocky Mountain Recreation Company for the Del Valle Food and Marina Concession: Del Valle Regional Park (Patterson/O’Connor)

RECOMMENDATION

The Board Operations Committee, by unanimous vote at its September 15, 2016 meeting, recommend that the Board of Directors authorize a food and marina concession agreement for three years with one additional seven-year period, at District’s discretion, with Pyramid Enterprises d.b.a. Rocky Mountain Recreation Company for Del Valle Regional Park.

REVENUE/COST

The District can expect annual concession fee revenue of $42,700 (up to 3% of gross sales) and $85,760 (up to 14% of gross sales) will be set aside in a site-specific concession maintenance fund (CMF) each year. There will be no cost to the District for this action except for any unknown maintenance or repairs to the property not covered by the concessionaire or the Concession Maintenance Fund.

BACKGROUND

Del Valle Regional Park is a lakeside resort 10 miles south of Livermore, California and operated by the District for the State of California. On June 21, 2016, the District announced a Request for Proposals (RFP) for the Del Valle Food and Marina Concession (concession). The concession includes a snack bar and novelties concession at the east side swim beach area, a camp store in the campground, a bait store that includes snacks as well as contract processing for the boat rentals and the boat rental marina. The types of boats for rent are pontoon boats, gas motor boats, row boats, pedal boats, and canoes. The concession previously included a snack bar structure on the west side beach for seasonal use. As this structure is no longer available due to expansion of the Rocky Ridge Visitor Center, and as a result the proposal needed to include a plan for the possibility of mobile seasonal food sales on the west side swim beach area.

170 To offer open competition to the public, the RFP was advertised in local newspapers as well as the Los Angeles Times, posted on the District’s website, and a government agency RFP advertisement website resulting in two submittals from the following prospective operators: 1) Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company (RMRC), the current concessionaire, and 2) Urban Park Concessionaires. After initial screening and review, staff conducted interviews with both proposers to determine how they would best accomplish the defined expectations for revenue, customer service, and future improvements if awarded the agreement.

After careful consideration, review of the proposals, presentations, and responses to panel interview questions, District staff is recommending that the Board of Directors approve the selection of RMRC as the concessionaire. RMRC has met the criteria and requirements as contained in the District’s RFP. The basis of the award is centered on the evaluation of RMRC’s good working relationship with District staff, ability to reach a standard level of revenue, proven quality and quantity of service, their numerous years in business, availability of funds for running the facility, the proposed enhancement plan for services, and the evidence of ability to accomplish these objectives.

ALTERNATIVES

None are recommended.

171 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO ENTER INTO A CONCESSION AGREEMENT WITH PYRAMID ENTERPRISES D.B.A. ROCKY MOUNTAIN RECREATION COMPANY FOR THE DEL VALLE FOOD AND MARINA CONCESSION: DEL VALLE REGIONAL PARK

WHEREAS, the Del Valle Food and Marina Concession is located in Del Valle Regional Park; and

WHEREAS, the East Bay Regional Park District released a Request for Proposal (RFP) on June 21, 2016 resulting in two submittals from the following prospective operators: 1) Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company (RMRC), the current concessionaire, and 2) Urban Parks Concessionaires; and

WHEREAS, after initial screening and review, staff conducted interviews with both proposers to determine how they would best accomplish the defined expectations for revenue, customer service, and future improvements if awarded the agreement; and

WHEREAS, after careful consideration, review of the proposals, presentations and responses to panel interview questions, District staff recommends the selection of RMRC as the concessionaire at Del Valle Regional Park; and

WHEREAS, RMRC has extensive experience in managing food and marina concessions, the proven ability to work well with District staff, proven ability to reach a standard level of revenue, previous and proposed good quality and quantity of service, and the capability to provide the promised services throughout the term; and

WHEREAS, the Board Operations Committee at its September 15, 2016 has reviewed and unanimously recommended approval of this concession agreement by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes a food and marina concession agreement at Del Valle Regional Park with Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company for three years with one additional seven-year period, at District’s discretion, with annual concession fee revenue of $42,700 (up to 3% of gross sales) to be coded to Account 101-5141- 203-3651 and an average of $85,760 (up to 14% of gross sales) will be set aside in a site-specific concession maintenance fund each year to be coded to Account 101-0000-000-2371; and

172 Moved by Director , seconded by Director , and adopted this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

173 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

r. Authorization to Enter Into a Concession Agreement with Pyramid Enterprises d.b.a. Rocky Mountain Recreation Company for the Shadow Cliffs Food and Marina Concession: Shadow Cliffs Regional Park (Patterson/O’Connor)

RECOMMENDATION

REVENUE/COST

The District can expect annual concession fee revenue of $4,500 (3% of gross sales) and an average of $9,000 (6% of gross sales) will be set aside in a site-specific concession maintenance fund (CMF) each year. There will be no cost to the District for this action except for any unknown maintenance or repairs to the property not covered by the concessionaire or the Concession Maintenance Fund.

BACKGROUND

Shadow Cliffs Regional Recreation Area, formerly a gravel quarry, was donated to the District by Kaiser Industries. With the help of the U.S. Bureau of Outdoor Recreation, the District developed a 249 acre park including an 80 acre lake with ample parking and picnic areas. There is a snack bar and novelties concession at the swim beach area and a boat rental concession and bait store at the marina, including rentals of pedal boats, row boats, electric motor boats, kayaks and stand-up paddle boards.

On June 21, 2016, the District announced a Request for Proposals (RFP) for the Shadow Cliffs Marina and Food Concession. To offer open competition to the public, the RFP was advertised in local newspapers, posted on the District’s website, and a government agency RFP advertisement website resulting in two submittals from the following prospective operators: 1) Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company (RMRC), the current concessionaire, and 2) Sycamore Concessions Corporation (SCC). After initial screening and

174 review, it was determined that the SCC submittal was non-responsive to the conditions of the RFP. Staff interviewed RMRC as a prospective concessionaire to determine how they would best accomplish the defined expectations, details of proposed fees and expenses, and their proposed business plan if awarded the agreement.

District staff reviewed the proposal and interviewed the proposer to determine if continuing with the current operator would best accomplish the defined expectations of the RFP and to evaluate the operator’s acceptance of the District’s concessionaire agreement requirements, if awarded the concession. The proposal was concise and provided all the requested items.

After careful consideration and review of the proposer’s response to panel interview questions, District staff is recommending that the Board of Directors approve and recommend the selection of Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company, as the concessionaire at Shadow Cliffs Regional Park. RMRC has met the criteria and requirements as contained in the District’s RFP. The basis of the award is centered on the evaluation of RMRC’s working relationship with District staff, proven ability to reach a standard level of revenue, previous and proposed quality and quantity of service, years in business, and capability to provide services throughout the term.

ALTERNATIVES

None are recommended.

175 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO ENTER INTO A CONCESSION AGREEMENT WITH PYRAMID ENTERPRISES D.B.A. ROCKY MOUNTAIN RECREATION COMPANY FOR THE SHADOW CLIFFS FOOD AND MARINA CONCESSION: SHADOW CLIFFS REGIONAL PARK

WHEREAS, Shadow Cliffs Food and Marina Concession is located in Shadow Cliffs Regional Park; and

WHEREAS, the District released a Request for Proposal (RFP) on June 21, 2016 resulting in two submittals from the following prospective operators: 1) Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company (RMRC), the current concessionaire, and 2) Sycamore Concessions Corporation (SCC); and

WHEREAS, after initial screening and review, it was determined that the SCC submittal was non-responsive to the requirements and conditions of the RFP; and

WHEREAS, after careful consideration and review of the proposal and response to panel interview questions, District staff recommends the selection of RMRC as the concessionaire at Shadow Cliffs Regional Park; and

WHEREAS, the Board Operations Committee at its September 15, 2016 has reviewed and unanimously recommended approval of this concession agreement by the full Board;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes a food and marina concession agreement at Shadow Cliffs Regional Park with Pyramid Enterprises, Inc. dba. Rocky Mountain Recreation Company for three years with one additional seven-year period, at District’s discretion, with annual concession fee revenue of $4,500 (3% of gross sales) to be coded to Account 101-5141-281- 3651 and an average of $9,000 (6% of gross sales) will be set aside in a site-specific concession maintenance fund each year to be coded to Account 101-0000-000-2373; and

176 Moved by Director , seconded by Director , and adopted this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

177 ACQUISITION STEWARDSHIP DEVELOPMENT AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016 D. BUSINESS BEFORE THE BOARD

2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Authorize the transfer and appropriation of $1,306,168 from the Coyote Hills/Dumbarton Quarry Fund, committed fund balance and 2016 revenue (261-9110- 000-9980) to the Dumbarton Quarry Campground Project (Project #149300).

2. Authorize the payment of utility connection, permit, and inspection fees to the following agencies and for the following not-to-exceed amounts: Union Sanitary District (USD) $ 470,000 Alameda County Water District (ACWD) $ 315,000 Pacific Gas and Electric Company (PG&E) $ 440,000 City of Fremont (Building Permit) $ 75,000 Total utility connection, permit, and inspection fees $1,300,000

REVENUE/COST

SOURCE OF FUNDS Dumbarton Quarry Campground (Project #149300) $ 620,000 Encumbrances and Expenditures to Date (261,168) Appropriate from Coyote Hills/Dumbarton Quarry Fund Transfer Out (261-9110-000-9980) 1,306,168 TOTAL FUNDS AVAILABLE $1,665,000 USE OF FUNDS Utility connection, permit, and inspection fees $1,300,000 Other Project Costs 365,000 TOTAL USE OF FUNDS $1,665,000 The Dumbarton Quarry Campground Project (Project) involves the development of a new campground. Funding for the Project is available from the Coyote Hills/Dumbarton Quarry Fund: committed fund balance #2857. The Coyote Hills/Dumbarton Quarry Fund serves as the repository for tipping fees paid by the quarry operator, Dumbarton Quarry Associates (DQA). To date, the Coyote Hills/Dumbarton Quarry Fund has received $3,211,412 in tipping fees, of which $1,620,000 has been previously budgeted towards this Campground Project and the 179 Service Yard project. With the recommended appropriation, the Fund will have a balance of $285,244.

BACKGROUND

The construction of the campground and new public use area at the Dumbarton Quarry area of Coyote Hills is a high priority for the District. DQA is required to develop and construct a new campground at Coyote Hills Regional Park. The quarry operator, DQA, is required to grade and construct the campground pursuant to the Indenture Agreement for Transfer of Real Property dated August 18, 1977, as amended and modified in March 1997, December 2007, December 2008 and November 2012 between the District and DQA. In accordance with the terms of the agreement, the District is responsible for paying the utility connection, permit, and inspection fees associated with the development and construction of the campground. The funds appropriated by this action enables the District to pay these fees.

The total cost of the campground is estimated to be over $15 million. Additional appropriations of funds from the Coyote Hills/Dumbarton Quarry Fund or other fund sources may be necessary to pay for improvements which are not part of the agreement with DQA, if these improvements are to be incorporated. These improvements include, for example, a kiosk and garbage collection areas. If additional funds are necessary, staff will return to the Board in the future for approval of any additional funds.

ALTERNATIVES

None are recommended.

180 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 10 -

October 4, 2016

AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS AND PAY UTILITY CONNECTION, PERMIT, AND INSPECTION FEES TO THE UNION SANITARY DISTRICT, ALAMEDA COUNTY WATER DISTRICT, PACIFIC GAS AND ELECTRIC COMPANY, AND THE CITY OF FREMONT FOR THE DUMBARTON QUARRY CAMPGROUND PROJECT: COYOTE HILLS REGIONAL PARK

WHEREAS, the East Bay Regional Park District (District) is developing a new campground at the Dumbarton Quarry Recreational Area of Coyote Hills Regional Park; and

WHEREAS, the new campground requires installation of new utilities; and

WHEREAS, the campground is being constructed in partnership with Dumbarton Quarry Associates (DQA) pursuant to the Indenture Agreement for Transfer of Real Property dated August 18, 1977, as amended and modified in March 1997, December 2007, December 2008 and November 2012 between the District and DQA; and

WHEREAS, pursuant to the agreement, the District is responsible for the utility connection, permit and inspection fees; and

WHEREAS, the District had established the Coyote Hills/Dumbarton Quarry Fund, which is funded from tipping fees;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the transfer and appropriation of $1,306,168 from the Coyote Hills/Dumbarton Quarry Fund (261-9110-000-9980) to the Dumbarton Quarry Campground Project (Project #149300 DSCH) 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 total payment of up to $1,300,000 to the Union Sanitary District, Alameda County Water District, Pacific Gas and Electric Company, and the City of Fremont for payment of utility connection, permit, and inspection fees for the Project; and

Moved by Director , seconded by Director and approved this 4th day of October, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT 181 Page Left Blank Intentionally

182 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM

NEW APPROPRIATIONS BUDGET TRANSFERS From New Revenues Between Projects X New Appropriation X Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund-Site Assessment

Account: 333-7110-136-7020 / 149300 DSCH-002 $ 4,030 Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund-Design Proj. Admin.

Account: 333-7110-136-7020 / 149300 DSCH-003 $ 65,200 Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund-Design Proj. Mgmt

Account: 333-7110-136-7020 / 149300 DSCH-004 $ 113,000 Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund- Consultants

Account: 333-7110-136-7020 / 149300 DSCH-005 $ 50,000 Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund-Outside Charges

183 Account: 333-7110-136-7020 / 149300 DSCH-006 $ 1,300,000 NEW APPROPRIATIONS BUDGET TRANSFERS X New Appropriation X Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund-Related Onsite Contract

Account: 333-7110-136-7020 / 149300 DSCH-007 $ 100 Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund- Construction Contract Admin.

Account: 333-7110-136-7020 / 149300 DSCH-008 $ 145,100 Account Name: Expense: Capital Fund- Design & Constr. Admin.-Coyote Hills- Coyote Hills-Service-Dumbarton Quarry Transition Project-Coyote Hills/Dumbarton Quarry Fund- Construction Contract

Account: 333-7110-136-7020 / 149300 DSCH-009 $ (371,262) TRANSFER BETWEEN FUNDS Account Name: TRANSFER OUT: Account Name: TRANSFER IN: Capital Coyote Hills Special Revenue Fund-Non- Fund-Non Departmental-District Wide- Departmental-District Wide-Transfer Out Transfer In

Account: 261-9110-000-9980 $ 1,306,168 Account: 333-9110-000-3980 $ 1,306,168 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on October 4th, 2016, the General Manager recommends that the Board of Directors authorize the transfer of $1,306,168 from Fund: 261 Coyote Hills/Dumbarton Quarry, into the project for the Coyote Hills/Dumbarton Quarry campground project #149300. Funding will pay for various permits required to install utilities at the site. Staff is rebalancing the project budget with this change form, as well as budgeting the additional funds. This appropriation reduces the committed fund balance 2857. As approved at the Board of Directors Meeting on date: 10/4/2016 Board of Directors Resolution Number: 2016-10- Posted By: Posted date: Signature:

184 185

DUMBARTON QUARRY AT COYOTE HILLS REGIONAL PARK SITE MAP OPERATIONS DIVISION AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

3. OPERATIONS DIVISION

b. Authorization to Purchase Fleet and Equipment Replacements from Peterson CAT of San Leandro, California; Swift Superstore of Davis, California; Pape Machinery of Newark, California; Winner Chevrolet of Elk Grove, California; and Elk Grove Auto Group of Elk Grove, California (McCrystle/Barrington/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of fleet and equipment replacements from Peterson CAT of San Leandro, California; Swift Superstore of Davis, California; Pape Machinery of Newark, California; Winner Chevrolet of Elk Grove, California; and Elk Grove Auto Group of Elk Grove, California at a total cost of $628,967.

REVENUE/COST

For the purpose of replacing fleet equipment, funds have been allocated in the District’s 2016 Budget, including the funds listed below:

Fleet Replacement Account (Rolling Stock >$25K) PROPOSED ENCUMBRANCE, Account 101-5933-000-7505: Base Price $ 185,714 Fees & Delivery 1,170 Sales Tax 15,786 Total Encumbrance $ 202,670

Lake Chabot Account (Rolling Stock >$25K) PROPOSED ENCUMBRANCE, Account 101-5141-216-7505: Base Price $ 7,733 Sales Tax 657 Total Encumbrance $ 8,390

187 Alameda County Trails Account (Rolling Stock >$25K) PROPOSED ENCUMBRANCE, Account 101-5141-675-7505: Base Price $ 22,773 Fees & Delivery 184 Sales Tax 1,936 Total Encumbrance $ 24,893

Major Equipment Replacement Fund Account (Rolling Stock >$25,000) PROPOSED ENCUMBRANCE, Account 554-5944-000-7505: Base Price $ 232,083 CA Tire Fee 7 Sales Tax 19,727 Total Encumbrance $ 251,817

Fleet Replacement Accounts (Rolling Stock <$25K) PROPOSED ENCUMBRANCE, Account 101-5933-000-5375: Base Price $ 60,889 Fees & Delivery 327 Sales Tax 5,175 Total Encumbrance $ 66,391

Crown Beach Account (Rolling Stock >$25K) PROPOSED ENCUMBRANCE, Account 101-5151-409-7505: Base Price $ 1,567 Sales Tax 133 Total Encumbrance $ 1,700

Wildcat Canyon Account (Rolling Stock >$25K) PROPOSED ENCUMBRANCE, Account 101-5121-178-7505: Base Price $ 1,382 Sales Tax 118 Total Encumbrance $ 1,500

Maintenance Operations Administration Account (Rolling Stock >$25K) PROPOSED ENCUMBRANCE, Account 101-5910-000-7505: Base Price $ 23,752 Fees & Delivery 109 Sales Tax 2,019 Total Encumbrance $ 25,880

Sibley/Claremont Account (Rolling Stock <$25K) PROPOSED ENCUMBRANCE, Account 101-5121-134-5375: Base Price $ 22,497 Fees & Delivery 109 Sales Tax 1,912 Total Encumbrance $ 24,518

188 Public Works Administration Account (Rolling Stock <$25K) PROPOSED ENCUMBRANCE, Account 101-5940-000-5375: Base Price $ 19,446 Fees & Delivery 109 Sales Tax 1,653 Total Encumbrance $ 21,208

TOTAL ENCUMBRANCE: Base Price $ 577,836 Fees & Delivery 2,008 CA Tire Fee 7 Sales Tax 49,116 Total $ 628,967

BACKGROUND

The East Bay Regional Park District maintains approximately 850 vehicles. As part of the District’s Fleet maintenance policy vehicles are “Rightsized” as part of the replacement process. Rightsizing is a practice whereby vehicles are evaluated to determine whether reassigning, replacing, eliminating, or downsizing the vehicle would reduce fuel and maintenance costs without compromising staff efficiency. The evaluation criteria includes the appropriateness of the vehicle, how often the vehicle is used, the payload capacity of the vehicle, and the cost effectiveness of keeping the vehicle, as well as fleet size and composition. Currently these evaluations are made by the Fleet Services Manager and Equipment Shop Service Manager’s on an annual basis. This proposed Board action utilizes multiple fund sources and multiple vendors that participate in government procurement programs, which are competitively bid, to both replace and add vehicles to the District’s Fleet.

Vehicles: Four RAM 2500 pick-up trucks, two RAM 1500 pick-up trucks, and five Chevrolet pick- up trucks will replace District vehicles which are being retired due to age, high mileage, and declining condition. A third RAM 1500 pick-up truck is an addition to the Fleet assigned to Public Works Administration as per approved 2016 Budget Request.

The four new RAM 2500 pick-up truck, two RAM 1500 pick-up trucks, and the new Chevrolet pick-up trucks, are available for purchase directly from Swift Superstore, Elk Grove Auto Group, and Winner Chevrolet by means of pricing established by the State of California, General Services Procurement Division; Contract #’s:1-16-23-20H, 1-16-23-20B, and 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.

189 Below are the vehicles to be replaced, listing park location, vehicle number, year and type.

Black Diamond Mines 2962 2004 Pick-up, Chevy 2500 Silverado 4wd Hayward Shoreline 2940 2004 Pick-up, Chevy 2500 Silverado 4wd Lake Chabot 2947 2004 Pick-up, Ford Ranger 2wd M.L. King Jr. Shoreline 2913 2003 Pick-up, Ford F250 4wd Peralta Oaks Pool 2828 2001 PICK-UP, DODGE BR1500 2WD Del Valle 2922 2003 PICK-UP, FORD RANGER 2WD Construction 3012 2006 Van, Chevrolet Express 1500 AWD Management Crown Beach 2948 2005 Pick-up, RAM 1500 4wd Garin 2988 2005 Pick-up, RAM 1500 4wd Lake Chabot 2895 2002 Pick-up, Dodge Dakota 4wd Wildcat Canyon 2865 2001 Pick-up, Dodge Dakota 4wd

Major Equipment: Fund 554 MER Major Equipment Replacement is an internal service fund setup for the replacement of major equipment District wide. Examples include heavy equipment, fire apparatus, sanitation trucks and large transport trucks. Fund 554 is also used to prefund the replacement of some other major assets as well. Examples would include waste water pumping stations and the District’s helicopters. At the time of initial purchase appropriate staff works with finance to prepare cost estimates for the ultimate replacement of a given piece of equipment that is amortized over the useful service life of the vehicle or equipment. The service life of most pieces of large equipment is 10-15 years depending on use, mileage and condition. Funds are placed in fund 554 on an annual basis throughout the service life of the vehicle or equipment to be replaced so that most if not all of the needed fund as are available to staff at the time such equipment is ultimately replaced.

Roads & Trails D-6 Bulldozer #407 is due for replacement due to age, use and declining condition. Staff has determined that the D-6 dozer should be replaced by three smaller pieces of construction equipment that better suit the district’s needs. These three pieces of equipment include a Caterpillar 289D Compact Track Loader, one John Deer 35G Compact Loader and one John Deer 210L Landscape Loader.

The Caterpillar 289D Compact Track Loader is one of three pieces of equipment that will replace the Roads & Trails D-6 Bulldozer #407. Due to changes in trail maintenance and construction practices, and a reduction in hours of use, over the last 8 years staff has determined the D-6 Bulldozer to be a piece of equipment that should be rented as needed rather than owned and maintained by the District. Replacement of the D6 dozer by three smaller more versatile pieces of equipment will increase staff efficiency for trail maintenance and small construction/ maintenance projects supported by Roads and Trails District wide. The cost of this piece of equipment falls within the available $260,000 budgeted for the replacement of the D-6 Bulldozer #407.

The two new pieces of John Deere Construction Equipment (one John Deer 35G Compact Loader and one John Deer 210L Landscape Loader) are the remaining two of three pieces of

190 equipment that will replace the Roads & Trails D-6 Bulldozer #407. They are available for purchase directly from Pape Machinery by means of qualified competitive discount pricing established by Pape Machinery. Pape Machinery is able to offer a higher percentage discount than that of competitively bid California Multiple Award Schedules (CMAS), National Purchasing Partners Government (NPPGov), and National Joint Powers Alliance (NJPA) contracts, all of which are available to the District. The cost of these pieces of equipment fall within the available $260,000 budgeted for the replacement of the D-6 Bulldozer #407.

The Caterpillar 289D Compact Track Loader is available for purchase directly from Peterson CAT by means of the National Joint Powers Alliance (NJPA), Contract #NJPA 032515-CAT. NJPA 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 these purchases, staff has determined that there are no significant advantages in formally seeking other bids; therefore, none are recommended.

191 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 10 -

October 4, 2016

AUTHORIZATION TO PURCHASE FLEET AND EQUIPMENT REPLACEMENTS FROM PETERSON CAT OF SAN LEANDRO, CALIFORNIA; SWIFT SUPERSTORE OF DAVIS, CALIFORNIA; PAPE MACHINERY OF NEWARK, CALIFORNIA; WINNER CHEVROLET OF ELK GROVE, CALIFORNIA; AND ELK GROVE AUTO GROUP OF ELK GROVE, CALIFORNIA.

WHEREAS, the East Bay Regional Park District has included funding in its 2016 Budget for the purchase of new rolling stock; and

WHEREAS, the District is committed to “rightsizing” the vehicle and major equipment fleet; and

WHEREAS, Peterson CAT of San Leandro, California; Swift Superstore of Davis, California; Pape Machinery of Newark, California; Winner Chevrolet of Elk Grove, California; and Elk Grove Auto Group of Elk Grove, California are a recognized vendors offering suitable equipment, which are competitively bid, to both replace and add vehicles and equipment to the District’s Fleet;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorize the following purchases, at a total cost of $628,967, with said sum to be encumbered from the 2016 Budget in funds listed below; and

Items Account Cost One Caterpillar 289D Major Equipment $94,735 Compact Track Loader Replacement Fund Account 554-5944-000-7505, (Rolling Stock >$25,000) Five RAM 2500 Pick-ups Fleet Replacement Account $131,865 101-5933-000-7505 (Rolling Stock >$25K), Lake Chabot Account 101-5141-216-7505 (Rolling Stock >$25K), and Alameda County Trails Account 101-5141-675-7505 (Rolling Stock >$25K) One John Deer 35G Major Equipment $157,082 Compact Loader and One Replacement Fund Account John Deer 210L Landscape 554-5944-000-7505, (Rolling Loader Stock >$25,000)

192 Seven Chevrolet pick-ups Fleet Replacement Accounts, $182,204 101-5933-000-5375 (Rolling Stock <$25K) and 101-5933- 000-7505 (Rolling Stock >$25K), Crown Beach Account 101-5151-409-7505 (Rolling Stock >$25K), Lake Chabot Account 101-5141- 216-7505 (Rolling Stock >$25K), Wildcat Canyon Account 101-5121-178-7505 (Rolling Stock >$25K), Maintenance Operations Administration Account 101- 5910-000-7505 (Rolling Stock >$25K), and Sibley/Claremont Account 101-5121-134-5375 (Rolling Stock <$25K) Three RAM 1500 pick-ups Fleet Replacement Account $63,081 101-5933-000-5375 (Rolling Stock <$25K) and Public Works Administration Account 101-5940-000-5375 (Rolling Stock <$25K)

Moved by Director , seconded by Director , and adopted this 4th day of October, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

193 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

4. BOARD AND STAFF REPORTS

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

San Francisco Bay Conservation and Development Commission – Richmond-San Rafael Bridge

On September 15, 2016, the San Francisco Bay Conservation and Development Commission approved the California Department of Transportation’s (Caltrans’) application for a four year pilot project to convert a shoulder on the Richmond-San Rafael Bridge westbound, upper deck into a bi-directional bicycle, pedestrian, and wheelchair lane that is separated from traffic by a moveable barrier with a safety railing along the bridge. A variety of off-bridge improvements linking to the bridge pathway will be installed as permanent features. For example, the Interstate-580 off-ramp to Stenmark Drive will be widened to accommodate the changes, and a crosswalk will be installed to connect a trail to Point Molate. The bridge path will also connect to existing and improved Bay Trail extensions. Construction of the pilot project is scheduled from October 2016 to June 2018. During or after the pilot period, Caltrans will either make the changes permanent, modify the project to address operational safety issues, or convert the bridge to its pre-pilot project condition.

Alameda City Council – Oakland Inner Harbor Tidal Canal

On September 21, 2016 the Alameda City Council held a public hearing to consider the parcelization and acquisition of the western half of the Oakland Inner Harbor Tidal Canal from the Army Corps of Engineers, and the disposition of ninety-two of the ninety-four total parcels to individual property owners. The City Council also voted to adopt a resolution approving a negative declaration and tentative map for a subdivision along the canal. Alameda’s proposed acquisition begins at the mid-line of the canal along the Alameda and Oakland city boundary. The Park District is currently negotiating with the Corps to take possession of the eastern half of the canal to support the District’s goal of closing the remaining gaps in the San Francisco Bay Trail along the Oakland waterfront.

195 Page Left Blank Intentionally

196 Event Calendar October – November 2016 Board Meeting Date: October 4, 2016

Date Day Time Event Location Sponsoring Organization Gathering of the 10/2/16 Sunday 10 a.m. – 4 p.m. Ohlone Peoples Coyote Hills EBRPD Saturday Oct. 8 & 9 & Sunday 10 a.m. – 5 p.m. Harvest Festival Ardenwood EBRPD HPHP Multicultural 10/22/16 Saturday 9 a.m. – 12:30 p.m. Wellness Walk Sunol EBRPD Old-Timey 11/5/16 Saturday 11 a.m. – 4 p.m. Hootennany Sunol EBRPD Hazel-Atlas Mine Black Diamond 11/20/16 Sunday 12 p.m. – 4:30 p.m. Open House Mines EBRPD Friday Nov. 25 & 26 & Saturday 11 a.m. &1:30 p.m. Return of the Monarchs Ardenwood EBRPD

197 GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

5. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Assistant Finance Officer Jeff Rasmussen and Grants Manager Tiffany Margulici will provide an overview of the District's Grants Department and discuss future funding opportunities.

GM COMMENTS On August 23, 2016, the Park District held its 4th Annual Multicultural Leaders Roundtable, convening trusted leaders from the Latino, Asian, and African-American communities. Staff from Human Resources, the Regional Parks Foundation, and the Legislative department presented key updates on their programs.

On September 15, 2016, Board President Doug Siden and General Manager Bob Doyle welcomed Mayor Ki-Seop Song, newly-elected Mayor of Jincheon, Korea and his delegation of 11 ministers. A formal ceremony was held recognizing the District’s mutually beneficial relationship for exchange of goodwill and best practices in the areas of parkland management and access, green infrastructure and the mitigation of wildfires, and was followed by District presentations on climate change adaptation, fire and fuels management, and protection of sensitive species. The visit was a reprise of the 2012 visit from former Mayor Young-Hoon Yoo and his delegation, where a Memorandum of Understanding was signed, establishing the District’s sister relationship with Jincheon.

PUBLIC SAFETY From August 1 to September 9, 2016 the Public Safety Division handled 1,256 service calls and 949 total incidents. Highlights are included below.

Police There were 66 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 606 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 441 field interviews (contacts without citations or arrests) and contacted 19 people on probation or parole to conduct compliance checks.

 Antioch Shoreline: On September 8, an officer cited and released two people for possession of drug paraphernalia.

199  Big Break: On August 3, a bicyclist was found deceased on the trail. There was no evidence of foul play or an accident.

On August 7, a juvenile was transported to the hospital after ingesting large quantity of sleeping pills. Child Protective Services and Oakley Police were contacted and an investigation is ongoing.

 Contra Costa Trails in Walnut Creek: On August 1, officers contacted a person carrying a screwdriver who was transported to the hospital for a mental health evaluation.

 Crockett Hills: On September 3, officers responded to a suicide. The deceased victim was found with a shotgun and a note near the trail.

 Crown Beach: On August 18, a subject on probation was arrested for possession of methamphetamine.

 Iron Horse Trail in Concord: On September 9, an officer arrested a transient for failing to register as a sex offender.

 Iron Horse Trail in Danville: On August 7, a person was arrested for public intoxication.

On August 10, an individual was transported to the hospital for a mental health and welfare evaluation.

 Lake Chabot: On August 5, officers and medical personnel assisted a victim having a seizure. He was transported by ambulance to the hospital.

On August 27, a missing hiker was located safely and reunited with his family.

On September 5, officers took a report of a juvenile victim of a dog bite.

 Lone Tree Point: On August 2, a pipe bomb was located. Officers secured the area and a Walnut Creek Bomb Squad arrived and safely detonated the device.

 Martin Luther King Jr. Shoreline: On August 30, an arrest was made for possession of a stolen vehicle.

 Mission Peak: On September 5, an unconscious person was transported to the hospital for treatment.

 Oyster Bay: On September 4, officers took a report of battery. The investigation to locate the suspect is ongoing.

 Tilden: On September 6, officers responded to a domestic violence issue which was resolved and no charges were filed.

200 On September 7, officers and medical personnel responded to an unresponsive person on the golf course. The victim was pronounced deceased at the scene.

On September 9, officers and medical personnel responded to the report of a suicide. The deceased victim was located by fire staff near the mineral springs trail.

Fire Operations

 Del Valle: On August 21, District resources responded to a dumpster fire at the Del Valle corporation yard.

 Pt. Pinole: On August 16, District resources responded to a half-acre vegetation fire at Pinole Shores.

Mutual Aid

 On August 14, OES engine 348 responded to the Clayton Fire located in Lake County. The assignment ended on August 17.

 On August 17, OES engine 348 responded to the Blue Cut Fire located in San Bernardino County. The assignment ended on August 20.

 On August 20, as part of an adjacent mutual aid county response Water Tender 5691 responded to Modesto to assist Cal Fire in extinguishing a vegetation fire.

 On August 22, OES engine 348 responded to the Chimney Fire located in San Luis Obispo County. The assignment ended on August 28.

Training

 Alameda County Training Center: On August 24, firefighters participated in Emergency Vehicle Operations training.

 Hayward Hangar: On August 17, Helitack firefighters participated in Helitack training. The training included operations, deployment of the water bucket, and techniques for fighting spot fires.

 Lake Chabot: On August 25, first-year firefighters participated in a one-day pump operations class.

 Las Trampas: On September 8, firefighters participated in Low-Angle Rope Rescue training. A CHP helicopter crew provided instruction in short-haul cliff rescue operations.

201 Fire Weather Staffing

 Fire staff stayed on duty until 9:00 p.m. on six occasions during the month of August in order to provide coverage for very high or extreme fire weather conditions within the District.

Medical

 Firefighters responded to fourteen medical emergencies, thirteen personal injuries, three bicycle accidents, two motor vehicle accidents, two aquatic incidents and one unattended death throughout the District.

Fire Fuels Management

 During the months of August and September, staff utilized goat-grazing services at Lake Chabot and Garin Park as a fire management tool.

 East Bay Hills: Contractors continued the annual eucalyptus regeneration control project in Sibley, Tilden, Redwood, and Anthony Chabot Parks.

 Tilden: Contractors continued the Nimitz Way Fuels Reduction project in Recommended Treatment Area (RTA) TI001, utilizing Western Wildland-Urban Interface grant funds.

 Tilden: The Fuels Management prescription in RTA TI008a was completed. This will help an upcoming project of removing eucalyptus trees near the Merry-Go-Round in Tilden Park.

 On September 6, a Job Order Contractor began work removing brush and light flashy fuels adjacent to homes along Thorndale and Elverton roads in Oakland

Lifeguard Service

 On August 2, staff facilitated the second annual Women in Leadership event at the Trudeau Training Center, with over 70 participants in attendance.

 On August 5, staff sent two lifeguard teams to participate in the Bay Area Public Pool Operators Association Lifeguard Games held in Walnut Creek. They competed against 35 teams from throughout the Bay Area.

 On August 11 – 13, staff representatives went to Hermosa Beach to compete in the United States Lifesaving Association National Championships. Over 1,000 lifeguards and junior lifeguards competed at this event.

 On August 31, staff demonstrated the capabilities of the department’s Rescue Watercraft at MLK shoreline for the Clerical Forum.

202 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

a. Board Legislative Committee (03.18.16) (Burgis)

Present

Board: Diane Burgis (Chair), John Sutter, Dennis Waespi

Staff: Robert E. Doyle, Erich Pfuehler, Yulie Padmore

Consultants: Doug Houston, Houston Magnani & Associates, Satinder Malhi

Public: N/A

1. STATE LEGISLATION / ISSUES A. NEW LEGISLATION –

1) AB 1665 (Bonilla D-Concord) – Extending Sunset for East Bay Transportation Measures Advocate Doug Houston discussed previous legislation, AB 210, passed in 2013 to expand the Bradley-Burns (uniform local sales and use tax law), which allows sales taxes to go beyond the 9.5% tax threshold authorized in law for both Contra Costa County and Alameda County for transportation measures. This authority expires if the voters have not approved a new tax by December 21, 2020. Measure BB passed in Alameda County in 2014 under this authority. The Contra Costa County Transportation Authority (CCTA) oversees the County’s “countywide transportation program” and would administer the tax proceeds from any Measure J augmentation. This legislation shifts the authority granted in AB 210 from the County to CCTA. CCTA believes without this legislation, they would not have independent authority to administer or place a Measure J augmentation tax measure on the ballot.

The Legislative Committee of the Board voted unanimously to support.

2) AB 1680 (Rodriguez D-Chino) – Drone Interference Enforcement as a Reimbursable State-Mandate Houston stated given the popularity and affordability of hobby drones, there are increasing conflicts and/or friction between people desiring to fly their hobby drones in emergency situations

204 and emergency service providers. This bill would create a new misdemeanor if drone operators interfere with the scene of an emergency.

Director Diane Burgis asked about drone issues in District parks. General Manger Robert E. Doyle shared the District currently has a policy to regulate air space above the parks and drones are not permitted.

The Legislative Committee of the Board voted unanimously to support.

3) AB 1713 (Eggman D-Stockton) – Statewide Vote on the Peripheral Canal Houston indicated this bill would prohibit the construction of a peripheral canal or conveyance tunnels unless expressly authorized by a ballot approved by the voters. In theory, the $20 billion plus price tag for the tunnels would be paid for by water contractors in the state. The Governor’s plan would reduce the flow of water in the Delta, which could potentially cause salt water intrusion and change the whole ecology. It would impact District shoreline parks like Big Break. It would also impact cities like Antioch that might have to desalinate their drinking water.

The Legislative Committee of the Board voted to watch.

4) AB 1745 (Hadley R-Torrance) – Supplemental Law Enforcement Services Account Houston stated this account has about $230 million for juvenile justice programs and frontline law enforcement (city and counties) in the state. The District has identified this bill as a possible vehicle to ensure Special District’s receive some of this funding. Currently, the District is not included in either County’s allocation of these funds.

The Legislative Committee of the Board instructed Houston to work with the author to help make the District eligible for these funds.

5) AB 1968 (Steinorth R-Rancho Cucamonga) – East Bay Regional Park District Recreation Vehicle Spot Bill Houston mentioned this legislation specifically identified the East Bay Regional Park District. It was just a coincidence it was introduced with the Park District’s name as the title. This bill was reviewed and edited on March 17, 2016 and now pertains to affordable housing and sustainable communities. The District no longer needs to watch.

The Legislative Committee of the Board directed staff to remove the bill from the District’s watch list.

6) AB 2249 (Cooley D-Rancho Cordova) – Protecting Historic California State Park Trademarks Houston noted this is also referred to as the Yosemite Bill. This is the fallout associated with the Curry Company and their long-standing concession contract with the National Park Service (NPS) at Yosemite. NPS didn’t retain the concession contract and the Curry Company sought to take the copyright or trademark of the names of some landmarks and park sites. NPS, to avoid lawsuit, changed the name of several iconic sites.

205 As a consequence, Assembly Member Cooley, of the Sacramento/Rancho Cordova area, introduced legislation ensuring a similar instance or episode doesn’t occur with respect to State Parks. No concessionaire will have claim over the name or title of any unit of State Parks system or any facilities therein.

Burgis inquired if the District has thought about this for its concessionaires. Doyle stated the District should look at adopting a policy. Burgis suggested is should be a policy embedded as part of District concessionaire agreements.

The Legislative Committee of the Board voted unanimously to support AB 2249.

7) AB 2480 (Bloom D-Santa Monica) – Include Watersheds as Part of the State Water System Houston indicated this bill would make it state policy to recognize source watersheds as integral components of the California water system. Agencies, like the Park District, manage these watersheds and would be eligible for maintenance financing and repairs. This recognition could help agencies which manage watersheds, such as the District, to qualify for more water-centric grant programs, such as the Prop. 1 water bond.

Director John Sutter wondered if this would put half the state within a “watershed.” Doyle cited Del Valle as part of the State Water Project. A percentage of its capacity is for flood control so Livermore Valley doesn’t flood, yet it doesn’t qualify for Prop. 1 grants. Burgis mentioned the significant need to repair aging flood control infrastructure.

The Legislative Committee of the Board voted unanimously to support.

8) SB 807 and SB 810 (Gaines R-El Dorado) – Drones: Liability and Fire Protection Interference Houston mentioned SB 807 refers to the notion of civil liability if an emergency responder damages a drone. It would limit civil liability exposure regarding drone damage for an emergency responder. SB 810 makes it unlawful to operate a drone which interferes with fire suppression.

The Legislative Committee of the Board voted unanimously to support.

9) SB 1386 (Wolk D-Davis) – Include Natural and Working Lands in Greenhouse Gas Reduction Efforts Houston states this bill seeks to maximize the use of natural and working lands in the Greenhouse Gas (GHG) reduction efforts moving forward. This bill is a good place holder as the legislature debates the Second Investment Plan for the 40% of Cap and Trade dollars which are reapportioned every three years. The draft plan submitted to the Governor from the Air Resources Board and other agencies, does recognize the role natural and working lands play in GHG reduction efforts. The final allocations will, however, be determined by the legislature with the Governor’s approval as part of the budget process. This effort could be helpful to the District to receive Cap and Trade funding for existing projects.

The Legislative Committee of the Board voted unanimously to support.

206 B. ISSUES

1. Park Bond Update, Including Spot Bill AB 2444 Houston stated there is a lengthily process for AB 2444 to qualify for the November ballot. There is also a short legislative timeline for the bill to pass. Houston is not confident a ballot measure will be done by the end of the year, but believes it’s important to keep the narrative alive about the importance of a Park Bond. Houston believes more than anything else, having some control over content is important because this might serve as a template moving forward.

2. Endowment Legislation Houston stated the District is entrusted as a steward of open space lands that have significant habitat values. There are occasions where the District has instituted projects which have impacts on the habitat values of specific properties. The District is fully aware and is working to mitigate for these impacts.

The Department of Fish and Wildlife Service (FWS) is now seeking to have the District set aside money for an endowment for each project on the District’s own lands. The endowment is intended to ensure the performance of mitigation, which the District already does. This money could otherwise be spent for staff to actually protect habitat, but FWS wants to freeze it to ensure habitat protection.

As a habitat land management agency, the District believes it should be able to mitigate its own projects on District property without having to set aside funds to ensure ongoing performance. This is not only redundant, but prevents the District from doing further work to protect and preserve habitat lands.

3. Other Issues: N/A II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION – N/A

B. ISSUES

1. Federal Issues for D.C. Update Pfuehler mentioned the designation of the Bay Trail as a national, scenic or recreational trail is a new item. The goal is to promote something positive for the Bay Area, raise the profile and make it easier to obtain grants. The hope is this will enable the District to compete for Federal money, like the Land and Water Conservation Fund. There are also other internal grants with the Department of Interior and National Park Service that provide planning assistance, but not a lot of money.

The 100th Anniversary for the National Parks Service (NPS) is another focus for the District. NPS is promoting centennial events throughout the country. The District and regional office of NPS raised the idea of connecting the 100th Anniversary with the July 2016 commemoration of the Port Chicago explosion. The idea is to hold the event on the Concord Naval Weapons Station property where the proposed visitor center is located. The District is working with NPS

207 to see what the level of interest might be from the Administration to participate in that type of event.

2. Other Issues The District is truly honored to be one of the few land management agencies, if not the only, to be invited to the White House Water Summit. There are only 200 committing organizations throughout the entire country participating to honor International Water Day. The Summit will focus on strategies to conserve water and reduce consumption. Doyle expressed his pride in the District regarding being invited.

III. CONSIDERATION OF MEASURE CC RENEWAL Doyle discussed the pros and cons about considering Measure CC renewal in 2016. He specifically cited the recent changes in senior management staff and cautioned staff is still settling into their roles. He also cited the Board elections in the Measure CC zone and recommended delaying renewal of Measure CC until 2018.

The Legislative Committee of the Board voted to support considering Measure CC for a 2018 ballot (Director Waespi opposed).

IV. CONSIDERATION OF SAN FRANCISCO BAY RESTORATION AUTHORITY (SFBRA) MEASURE AA AND RESOLUTION 12 REGARDING PROJECT LABOR AGREEMENTS: Pfuehler expressed the District should support Measure AA and gave background on the Project Labor Agreements (PLA) situation. Resolution 12, regarding PLAs, would basically require every agency interested in a grant from SFBRA to have a PLA in place. The SFBRA also proposed to set the construction cost that triggers a PLA at $100,000. Most of the District’s shoreline projects are in the $2 to $5 million dollar range and nothing is less than $500,000, so this threshold would require a PLA for every District project. Santa Clara Valley Water District is opposing the PLA requirement. SFBRA seems likely to drop the issue until after the election. The District should support Measure AA on the June ballot. Then the District should seek a commitment letter from SFBRA after the election regarding if and/or how to structure PLAs.

The Legislative Committee of the Board voted unanimously to support Measure AA.

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209 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

b. Operations (Thursday, July 21, 2016) (Sutter)

Present

Board: Directors John Sutter (Chair), Doug Siden, Ayn Wieskamp

Staff: Mimi Waluch, Acting AGM Mark Ragatz, Kelly Barrington, Denise Valentine, Bridget Calvey, Renee Patterson, Noah Dort, Ana M. Alvarez, Michelle Julene, Ralph Trujillo

Absent: Jim O’Connor

Guests: Kelly Abreu, Carter Aasen, Rick Rickard, Leonard Muise

Agenda Item 1: Review North Peak Equestrian License Agreement: Diablo Foothills Regional Park

Administrative Analyst II Renee Patterson began by providing a brief history of the North Peak Equestrian center. In September 2005, the District was approached by the operator of this property, Jim and Mariah Bradford-Urban, to lease District land adjacent to the equestrian center. For the next 22 months, District staff negotiated with the operator and owner to license the site to them for use in conjunction with their equestrian facility. The District granted an agreement with North Peak in 2007. Under the terms of the new agreement, the District will receive current fair market rent for the land of approximately 37,400 square feet with a value of $1,763 per month, increasing 3% annually.

Patterson advised the Committee that Park Supervisor Bridget Calvey and staff regularly inspect the area and monitor parking, invasive weeds, and drainage concerns, as needed. Other than staff time, there are no direct costs associated with this agreement. The new ten-year agreement will bring the rental rate for the subject property more in line with current market rents. During this period, the Licensee will be responsible for any maintenance or repairs to the subject property at their sole cost.

Director Wieskamp inquired of Calvey what her experience has been running the concession. Calvey replied everything is run pretty well. There have been a couple of parking issues but the handle them as they arise.

210 Director Sutter inquired if they are currently in compliance. Patterson replied yes, and they pay their fees on time. Sutter inquired if the public can come and use the facility. Patterson replied only for trail use. Sutter inquired if we have a policy for renting District land for private use. Patterson replied we do not currently have a policy.

Siden moved to approve, provided that the Licensee is in compliance with all of the terms and conditions of the license agreement, the staff recommendation that the District authorize an initial five- year agreement and, at District’s sole discretion, to extend the term of the agreement an additional five years upon six month's written request. Wieskamp seconded. The item passed unanimously.

Agenda Item 2: Update Disc Golf: Oyster Bay Regional Shoreline

Business Services Manager Mimi Waluch provided an overview of the Disc Golf Installation Project and began by sharing in December 2013 the Board of Directors approved the Oyster Bay Regional Shoreline Land Use Plan Amendment. In 2015 the City of San Leandro had to relocate the Lake Chabot Disc Golf Course due to the East Bay Municipal Utilities District Dam Project. District Planning and Construction staff have been consulting with Leonard Muise of World Wind Disc Golf for design and development of the course. Muise’s business partner Carter Aasen is organizing the future members of the Oyster Bay Disc Golf club who will be installing and maintaining the course.

Waluch introduced Architect and Project Manager Kim Fisher who presented to the Committee a detailed PowerPoint presentation on the Disc Golf Development. The presentation included information on the areas to be developed, review of the Land Use Plan amendment, details on the signage for safety, direction and instruction, schedule and milestones.

Wieskamp requested input from Park Supervisor Ralph Trujillo on the project. Trujillo responded that he has worked closely with Muise and Aasen of Wind Disc Golf on the project and believes the project is going to work. The District is only responsible for the mowing and trash removal at the site.

Siden requested the operators to introduce themselves to the Committee. Muise is the Sole Proprietor of Wind Disc Golf who has designed several courses including the course in Golden Gate Park. Aasen is a disc golf player.

Siden inquired on the location of the dog park and if there is a fence to prevent them from jumping at the golf disc. Fisher stated the plan is to reconfigure follow the existing trails. Signage will be in place. The park is currently off leash, except in developed areas which will not change. There are no current plans for a fence. When developing the new staging area, a fence will be considered for those who would like to have their dogs in a more controlled area. Fisher indicated that most disc golf courses do not have fences. Muise indicated that most courses are private in public parks and can’t recall any that are fenced off.

Sutter sought clarification of the dog area location on the map. Fisher provided a more detailed explanation of the designated recreation use areas. Sutter inquired if any unpaved areas are planned for dog walkers. Fisher stated a plan is already in place for when the newer site is developed.

Sutter inquired where trees will be planted relative to the course. Fisher replied along the boundary and the Waste Management facility. In the future, individual trees and shrubs will be planted with approval. The Land Use Plan vetted the list of the types of trees to be planted.

211 Sutter inquired if the District has permission from the City to enter into Oyster Bay from Davis Street. Fisher replied yes, we have easements, land agreements, and memorandum of understanding, that outline exactly how it will work in coming through the facility and a conceptual design to enter through the gun club parking lot. It will take approximately one year to receive the environmental permits before the roadway and staging area will be constructed.

In closing, Muise and Aasen brought in disc golf equipment and demonstrated how to play the game of disc golf.

Agenda Item 3: Review Little Hills Concession Agreement: Las Trampas Regional Park

Business Service Manager Mimi Waluch provided a review of the agreement for the Little Hills Concession at Las Trampas Regional Park. The Urban Parks Concession has been with the District since 1984. In December 2009, the District went out for a Request for Proposal. The District entered into a five-year concession agreement with Urban Parks to operate the Little Hills Concession. The agreement was renewed for a second five-year term in December 2014. The contract currently ends in December 2019.

In February 2016, Urban Parks requested a renegotiation of concession fees due to increases in costs of goods and California wage and benefit costs. According the Urban Parks they have incurred an overall 36.2% increase of total expenses over the past four years. There has been two minimum wage increases since 2009, from $8.00 per hour to $10.00 per hour.

Waluch closed by reviewing a detailed chart showing Urban Park’s request to decrease the fees paid to the District. The chart includes the current and proposed structure concession receipts and revenue; and the maintenance fund data. In addition, this proposal will result in decreased revenue to the District by 2.8%, approximately $40,000 per year. The current four-year average revenue paid to the District by Urban Parks is 12.2% of gross receipts, with half for Concession Fees and half for Concession Maintenance Fees.

Sutter requested a general explanation of the operation and what generates revenue. Waluch replied the facility has summer camp picnics, special events and on weekends and evening it is a destination for wedding and ceremony receptions. It is opened April thru October. Sutter inquired if the gross receipts have been increasing. Waluch replied yes and provided the amount of increase from 2012 to 2015.

Sutter questioned what repairs are needed at the facility. Chief of Maintenance and Skilled Trades Kelly Barrington stated there are several issues at the facility that will require major maintenance in the future. Some of these issues include the water tanks are beginning to slide down the hillside, the graded pad used for wedding ceremonies and retaining wall near the pool area. Ragatz commented the pool which is from the 1950’s era needs maintenance including a filter, meter and a new chlorination system.

Waluch introduced Chief Operating Officer for Urban Parks Concession Chris Cushman commented that they currently are the concessionaire at Lake Chabot and also operate 18 concessions in the state of California and one in Oregon.

Siden approved and moved to the full Board the staff recommendation that the agreement with Urban Parks for the District’s Group Use Facility seasonal concession at Little Hills in Las Trampas Regional

212 Park be amended to change the fees paid to the District to 3% of gross receipts for the Concession Fee and 10% of gross receipts for the Concession Maintenance Fee. Wieskamp seconded. The item passed unanimously.

Agenda Item 4: Open Forum for Public Comments

Kelly Abreu addressed the Committee regarding the current court injunction on the closure of Vargas Plateau and spoke to items listed in the City of Fremont report on the Vargas Road Improvement Project, specifically relating to the widening of the road.

Agenda Item 5: AGM Comments

Ragatz provided the following updates:  Anniversary of Port Chicago - Event went well and Interpretive staff did a great job.  Department of Water Resources at Del Valle Meeting – The water contractors have agreed to delay the water draw down, and staff anticipates keeping swimming open through Labor Day weekend.  Fire restrictions are in place in the Northeast and Southeast parts of the District with Level 2 warnings.

Wieskamp inquired if the District has heard more feedback on the two water districts proposal at Del Valle. Ragatz replied Alameda County Water has taken the lead on the proposal and have not developed a specific proposal. They have requested input from the District to provide information on the park operation as it exists, and what the impacts would be on raising the water level to various heights.

Dr. Ana M. Alvarez commended Operations staff for a well-planned Board Field Trip that was held on July 15, 2016.

Agenda Item 6: Board Comments

 Both Wieskamp and Siden commented on how informative the Board Field Trip was to the Hayward Shoreline.

Director Sutter adjourned the meeting at 1:58 p.m.

Respectfully submitted: /s/ Denise Valentine Executive Secretary

213 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

c. Natural and Cultural Resources Committee (08/17/16) (Nisbet/Lane)

Committee Members: Beverly Lane, John Sutter, Whitney Dotson, Diane Burgis (Alt)

EBRPD Staff: Bob Nisbet, Matt Graul, Anne Kassebaum, Jim O’Connor, Bev Ortiz, Courtney Wilson, Michele Hammond, Denise Defreese, Raphael Breines, Casey Brierley, Caitlin Stone, Heather Payne, Matt Graul

Guests: Heath Bartosh, Ashley Poust, Marty Morrow, Judi Bank, David Bigham, Steve Wiley, Richard Kaufmann

A meeting of the Board Natural and Cultural Resources Committee was held on Wednesday, August 17, 2016 at East Bay Regional Park District Headquarters, 2950 Peralta Oaks Court, Oakland, CA. Chairperson Beverly Lane called the meeting to order at 12:30 p.m. The following is a summary of the items discussed:

1. Paleontological Site Database by University of California Museum of Paleontology (Ortiz)

Cultural Services Coordinator, Beverly Ortiz University of California Museum of Paleontology (UCMP) graduate student Ashley Poust summarized the data he is compiling about paleontological resources in EBRPD parklands under the supervision of EBRPD Cultural Services Coordinator Beverly Ortiz. This project, conducted in partnership with UCMP, allows the leveraging of data held by UCMP from over 125 years of paleontological specimen collection in Contra Costa and Alameda Counties. Using Berkeley mapper (a Google powered service) and GIS, fossil localities located in EBRPD parklands are being determined. From this data, a confidential database is being created for EBRPD documenting 216 fossil localities in 22 of the Regional Parks. These localities have yielded an estimated 2600 specimens, 85 of which are published or designated as Type specimens (those specimens most important to science because genus or species names are tied to them).

214 The data generated through this project will assist the District in protecting “important…paleontological features from vandalism and misuse,” per the EBRPD Master Plan.

Director Dotson commented on the amount of fossils he has found at Point Pinole but he was not sure of what they are specifically. He offered to bring it in for Mr. Poust to look at. Mr. Poust stated that he would be very interested and he’s not positive that UCMP currently has anything in their collection from Point Pinole.

Director Sutter asked what the purpose of the study is and how the results will be used. Mr. Poust said this will help assess where fossils are being found and how to preserve/protect them in the future.

2. Drought Stress on Trees and Climate Change within East Bay Regional Park District (Bartosh)

Senior Botanist, Heath Bartosh, Nomad Ecology reported on the research that California experienced a millennial-scale drought during 2012-2015. During this time, an extreme loss of canopy water content affected important plant functions such as light interception and growth, and in some cases resulted in mortality. The results of recent statewide studies on this phenomenon were discussed and provided a local context. A brief discussion of the impacts to local terrestrial vegetation resulting from climate change highlighting climate change losers and winners was also presented.

3. Rare Plant Surveys at Black Diamond Mines (Hammond)

Botanist, Michele Hammond reported on the rare plants that are an important part of the District’s mission to preserve and enhance biodiversity within our parkland. Black Diamond Mines Regional Preserve is a hot spot for rare plants and spring wildflower displays because of its unique geology and climate regime. The update of the Land Use Plan for Black Diamond Mines includes a focused rare plant survey throughout the new and old properties within the preserve.

4. Mt. Diablo Buckwheat: History and New Discoveries (Bartosh)

Senior Botanist, Heath Bartosh, Nomad Ecology reported on one of the most charismatic native plant species endemic to the East Bay, Mount Diablo buckwheat (Eriogonum truncatum). This plant has been seldom seen by botanists since its discovery in the 1860s and was actually considered extinct during much of the 20th century. The discovery, distribution, resurrection and recent observation of a new population at Black Diamond Mines Regional Preserve in 2016 was discussed.

215 5. Future agenda items (Nisbet)

Chief of Stewardship, Matt Graul suggested that future agenda items include; an update on Blue-Green algae in the District’s lakes and an overview of the ongoing Alameda whipsnake study being conducted in fuel management areas.

6. Public Comment (Lane) There was no public comment.

The meeting adjourned at 2:15 p.m.

Minutes taken by Caitlin Stone and Heather Payne.

216 Page Left Blank Intentionally

217 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, October 4, 2016

D. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

d. Board Legislative Committee (10.4.16) (Burgis)

Present

Board: Diane Burgis (Chair), John Sutter, Dennis Waespi

Staff: Robert E. Doyle, Erich Pfuehler, Tim Anderson, Debra Auker, Jeff Rasmussen, Jim O’Connor, Tiffany Margulici, Mona Koh

Consultants: Doug Houston, Houston Magnani & Associates, Satinder Malhi

Public: Rick Rickard, Doug Siden

I. STATE LEGISLATION / ISSUES A. NEW LEGISLATION – N/A

B. ISSUES 1. Governor Brown’s Budget Proposal: Advocate Doug Houston discussed the Governor’s $171 billion budget proposal which includes $807 million for statewide capital maintenance projects. Of the $807 million, $60 million is allocated for state parks to address priority capital improvement and deferred maintenance. Staff will work to try to establish a set-aside within this allocation for units operated by local agencies. There is $719 million for wildfire programs and $150 million in Cap-and-Trade funds for healthy forests. In addition, there is $30 million is set aside for CAL FIRE Urban Forestry and $20 million for Natural Resources Agency Urban Greening programs. Houston added the urban greening program embraces a multi-benefit approach and favors projects which have co-benefits. For example, projects which reduce carbon, and also create green space and are beneficial for water quality. The budget also contains $60 million for the Department of Fish and Wildlife to implement wetland restoration projects. Theoretically, the District would be eligible and could apply for these funds. The budget document makes it clear that coastal wetlands would be a priority. In addition, there is a $100 million set aside for low-carbon roads. Half of this money will be available for projects which help to alleviate congestion through non-motorized infrastructure including trail improvements. This is something in which the District is very interested and staff will look into.

218 2. Proposed State Priorities for 2016: Staff and Houston provided an overview of proposed 2016 state legislative and governmental priorities, including the following: The Park Bond has stalled out for now, but continues to be a priority. The discussion has shifted a little away from an independent Park Bond to the possibility of a larger, more comprehensive infrastructure package. The larger package would include education, transportation, water, possibly parks, etc. Government Affairs Manager Erich Pfuehler added staff and Houston are pursuing Cap- and-Trade funding opportunities. These opportunities may include resource protection, such as wildfire management, and wetlands creation/restoration. There have been discussions with the California Air Resources Board (CARB). The District has formally submitted a number of comments. CARB is very interested in data about how the District could help the state meet greenhouse gas (GHG) reduction targets. As part of a messaging strategy, Pfuehler stated the District has issued an RFP to analyze the sequestration value of District assets. The goal is to incorporate the data into a brochure to distribute to legislators and agencies in Sacramento. The message piece would make the case for how resources like parks, open space and trails can help reduce GHG. General Manager Robert E. Doyle discussed possible endowment legislation. When developing projects on District lands, State and Federal permits must be secured. The State Department of Fish and Wildlife has recently begun to require the District to set aside general fund monies in endowment accounts to ensure the continued maintenance, operation and mitigation of projects on District lands. Houston stated it doesn’t make sense for the District to lock up general fund money when staff are already tasked to maintain, operate and mitigate for projects. In response, the District is looking into sponsoring a bill to establish a system whereby the District could prove (by showing annual budget reserves in excess of the endowment cost) continued stewardship without the need to hold an endowment. District staff already work to protect and preserve wildlife and habitat, so locking up general fund money in an endowment is redundant. The sponsor of the bill will likely be Senator Weickowski. Pfuehler stated Del Valle is a state reservoir and part of the California State Water Project. District staff and Houston will be looking at ways the state could help address Del Valle’s antiquated water infrastructure. AGM of Operations Jim O’Connor met with water agencies (Zone 7, Alameda County Water and Santa Clara Valley Water District) to request their support to pursue Prop 1 funding for Del Valle’s water treatment system. O’Connor added the Del Valle system is so old that the entire system needs to be evaluated and likely replaced. Director Diane Burgis asked if a feasibility study was complete and wondered if Zone 7 had taken water from Del Valle. O’Connor indicated the feasibility study and cost of replacement was unknown. He added Zone 7 used other sources for water distribution.

II. FEDERAL LEGISLATION / ISSUES A. NEW LEGISLATION – N/A

B. ISSUES 1. Land and Water Conservation Fund Update: Pfuehler stated $450 million was put into the Land and Water Conservation Fund (LWCF) for the coming year, which is a substantial increase over the previous level. The

219 LWCF was extended for an additional three years as part of the final budget deal enacted by Congress in December.

2. Proposed Federal Priorities for 2016 Transfer of Concord Naval Weapons Station property to National Park Service by January 20, 2017: Pfuehler stated the District would like this transfer to occur while Jonathan Jarvis, a Pinole resident, is Director of the National Park Service (NPS). The District has also invited President Obama to celebrate the centennial of the NPS and participate in the commemoration for the Port Chicago Explosion.

Clean up of upland portion of the Oakland Army Base for Gateway Park: Pfuehler stated a contract for cleanup has been issued and the current timeline for cleanup is by end of 2017. The District needs to continue to put on the pressure and try to meet again with the Army.

Resolve the jurisdiction of Oakland Inner Harbor Canal: Pfuehler added legislation was enacted a few years back which allows the Park District to hold land tenure for the Oakland side of the canal. Alameda is interested in taking responsibility for the west side of the canal. The issue, at this point, is deciding where the dividing line would be. More discussion is necessary.

Pursue gun range cleanup funding: Pfuehler stated the District needs to look for possibilities through the EPA or other federal and state sources to secure cleanup funding.

Pursue additional FEMA money for fuels management in light of continued drought conditions: Assistant Finance Officer Jeff Rasmussen met with Cal OES (Office of Emergency Services) and the California Department of Fish and Wildlife. They have confirmed that FEMA money for fuels management is definitely available. There are many environmental requirements that must be worked through, but the effort is ongoing. Director John Sutter asked where the District was in the process. Rasmussen indicated that $600,000 has been spent.

EPA shoreline resiliency funding: Pfuehler reported EPA Region 9 has allocated about $10 million a year into the San Francisco Bay Restoration account. The District was able to obtain some of that funding for Breuner Marsh. Grants Manager Tiffany Margulici recently took members of Region 9 on a site visit to Breuner Marsh and the response was very positive.

Bay Trail – National Scenic Trail designation: Pfuehler reported NPS seems receptive and the designation could be good visibility for the District. The District is leading the effort to get the designation going and has the support of the Bay Trail Project.

220 Alameda Point Veterans Memorial pre-construction funds in FY17 budget request: Pfuehler mentioned the project has stalled a bit. The Veterans Affairs (VA) budget has received more scrutiny by Congress and funding for the Alameda hospital project has gotten caught up in that process. The District wrote a support letter requesting the VA’s budget include sufficient funds to complete the Alameda project.

Work on a Centers for Disease Control and Prevention “Partnership to Improve Community Health” grant with Children’s Hospital or health agencies: The District has been very involved with Children’s Hospital and actively helping children experience the parks. The Centers for Disease Control and Prevention has community health grants. Although the District is not eligible to be the lead applicant, pursuing a partnership with a public health department to possibly obtain a community health grant would be a good target.

3. Other Issues: N/A

III. LOCAL LEGISLATIVE AND GOVERNMENTAL PRIORITIES FOR 2016: Contra Costa Measure J augmentation: Pfuehler reported this appears to still be on track for a November ballot measure. The District’s biggest role is to secure funding for paved trails as alternative transportation routes.

San Francisco Bay Restoration Authority: Pfuehler reported this will go on the ballot in June. The District is generally supportive. The focus will be on the campaign side for the next few months.

Measure BB implementation: District staff have received some signals that trail maintenance funding is not being pursued as aggressively in the implementation of this measure as hoped. The General Manager has submitted a letter to the Executive Director of Alameda County Transportation Commission highlighting the need for trail maintenance funding. Staff continue to push them on this and may need a sit-down meeting. Sutter illustrated the importance of trail maintenance by commenting that, unlike a car going over a pothole in the road, a trail pothole could lead to injury or even death for hikers and bicyclists. Data on trail injuries and bike accidents may help drive home the importance of trail maintenance funding.

Alameda Issues – Oakland Inner Harbor Canal, Naval Air Station: Pfuehler recommends the District keep these as priorities with the City of Alameda while there is a receptive City Council and Administration.

Measure CC education efforts with electeds and via social media: This will be a topic of discussion at the Board workshop. Whether the Board decides to go forward with a renewal effort or not, staff will still be doing education about Measure CC. Pfuehler indicated social media will be a component of this education.

Pursue funding through Plan Bay Area:

221 Pfuehler stated funding went up from $10 million to $16 million out of a $292 billion plan. The match requirement went down from 3-1 to 2-1, so for every dollar received from Plan Bay Area, the District needs to provide two.

IV. PUBLIC COMMENTS - N/A

222 NEWSCLIPS East Bay’s Park It: Tilden’s botanic garden to hold fall native plant sale

Visitors tour the East Bay Regional Park District’s Botanic Garden at Tilden Park in Berkeley on Sept. 27, 2015. The garden’s fall sale of California native plants will be from 10 a.m. to 3 p.m. Saturday. (Ray Chavez/Bay Area News Group archives)

By NED MACKAY PUBLISHED: September 25, 2016 at 12:01 am | UPDATED: September 26, 2016 at 6:02 am The botanic garden at Tilden Regional Park near Berkeley will hold its fall sale of California native plants from 10 a.m. to 3 p.m. Saturday. Members of the Friends of the Regional Parks Botanic Garden organization will be admitted at 9 a.m.

All kinds of native plants will be available for purchase. Garden staff and volunteers will be glad to offer advice about selection and care of plants for your garden. All proceeds will help to fund garden programs.

The sales are always popular, so it’s best to arrive early for the best choice of plants. Bring boxes or small wagons to carry off your purchases.

The garden is located at the intersection of Wildcat Canyon Road and South Park Drive. For information, call 510-544-3169 or visit www.nativeplants.org.

Tarantula time: The march of the tarantulas continues in the regional parks. As I mentioned last week, this is their mating season, so the males can be seen more frequently out and about in search of females. Black Diamond Mines Regional Preserve in Antioch has a tarantula in residence, appropriately named Harry. You can meet Harry and learn more about his kind in a program hosted by naturalist Eddie Willis from 1 to 4 p.m. on Sunday, Oct. 2. Meet at the 224 parking lot at the upper end of Somersville Road, 3½ miles south of Highway 4. For information, call 888-327-2757, ext. 2750.

Naturalist Cat Taylor will show Hairy, another tarantula, during a program from 10 a.m. to noon Oct. 2 in the Rocky Ridge Visitor Center at Del Valle Regional Park south of Livermore. Her program includes a walk in search of spider homes. For information, call 510-544-3249.

And though it’s not specific to tarantulas, naturalist Anthony Fisher plans an “I Hate Spiders” program from 1 to 2:30 p.m. Sunday at the Environmental Education Center in Tilden Nature Area. Anthony will talk about spiders and their role in nature, then lead a search for them in the field. The center is located at the north end of Tilden’s Central Park Drive. For information, call 510-544-2233.

Oakland: Wednesday Walks is a series of naturalist-led hikes to explore various regional parks. There’s a walk from 9:30 a.m. to 12:30 p.m. Oct. 5 at Redwood Regional Park in Oakland with naturalist Susan Ramos. It’s a moderate, 5.25-mile hike starting at the park’s Skyline Gate, which is on Skyline Boulevard in Oakland between Canyon Road/Pinehurst Road and the Chabot Space and Science Center. Bring water, and wear comfortable hiking shoes. For information, call 510-544-3187. Also in Oakland: The regional parks will celebrate Bay Day with an easy 2½-mile walk from 10 a.m. to noon Saturday at Martin Luther King Jr. Regional Shoreline in Oakland, led by naturalist Michael Charnofsky. Bay views, abundant wildlife and native plant landscaping are the benefits along the way. Planned in conjunction with the Save the Bay organization, this is also a Healthy Parks, Healthy People event, in which the park district promotes health, fitness and outdoor safety. Meet at the Arrowhead Marsh staging area off Swan Way and Doolittle Drive in Oakland. For information, call 510-544-3187.

To be missed: As has been widely reported, retired East Bay Regional Park District director Ted Radke, of Martinez, died recently after a long illness.

Ted was the longest-serving director in the park district’s history, on the board from 1978 until his retirement in 2014. He was also a political science professor for 34 years at Contra Costa College in San Pablo.

At the regional park district and beyond, Ted was active in many environmental causes. He was instrumental in establishment or expansion of many regional parklands, including Martinez and Carquinez Regional Shorelines, Briones, Big Break in Antioch, and the regional trail system. And he was an effective advocate on behalf of parks and open space with legislators in both Sacramento and Washington, D.C. He will be missed.

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

225 16 September 22, 2016 EB 공원국 미주주간현대

<송기섭 진천군 군수 일행 이스트베이공원국(East Bay Regional Park District) 방문> “인적 및 정보 교류 통해 자연 보존 능력 키우겠다” 년 동안 이곳에서 근무하고 있는데 Fuels Management , 자연보존 밤에만 활동하는 수달을 낮에 본 15일 송기섭 진천군수, 이스트베이 공원국 공식 방문 팀장 Matthew Graul의 것은 처음이라면서 행운을 가져 Protection of Sensitive Species 오는 방문을 통해 더욱 활발한 교류 and Restoration of Wildlife 시)들의 야외활동과 건 뜻 아니겠냐고 말해 웃음을 자아 가 이어지기 바란다”고 말했다. Habitats 관련 세미나와 질의/ 공원국 의장 및 국장 행사 참석 강에 상당한 이바지를 내기도 했다. 송기섭 군수는 답사에서 “미국 응답 시간을 가졌다. 하고 있다”고 밝혔다. 이어서 “이스 이날 특별히 중국계 라디 발레호 시와 자매도시를 맺고 에서 가장 선진 자연보호 및 공원 양 대표단은 세미나와 의견교환 트베이 로버트 도일 국장이 백악관 오 방송국Bay Voice of 있는 진천군(군수 송기섭) 일행 11 관리 기술을 갖고 있는 이스트베 시간을 가졌다. 이 초청 한 2명의 공원국장에 포함 Hope의 Cathy Zhang 앵커가 명이 지난 15일 이스트베이공원국 이 공원국을 방문하게 되어 매 송기섭 군수는 방문단 참가자 되는 영광이 있었는데 또다시 이번 공원국을 방문한 진천군 송 군수 (EBRPD 이하 공원국)을 공식 방 우영광으로 생각한다”고 말했다. 를 일일히 소개하면서 화기애애 충북 진천군 군수님 일행의 방문 단독 인터뷰를 통해 한국 지자 문했다. 이어서 “4년전 전 군수와 MOU 한 분위기속에서 담화를 했다. 을 통하여 한국의 선진 공원 관리 체 정부의 해외 활동에 높은 관 송기섭 군수 일행은 공원국 를 체결했는데 그 동안 활발치 못 공원국은 군수일행을 위하여 및 보호 KNOW-HOW를 교류하면 심을 보였다. Doug Siden이사회 의장과 Robert 했는데 앞으로 인적 및 정보 교류 특별히 한국 음식을 캐더링해서 좋겠다”고 덧붙였다. 송군수 일행은 내년 발레호 Doyle 국장(GM)의 따뜻한 환영을 를 통해 진천군도 공원관리 및 자 환대했으며 점심식사후에는 세 Robert Doyle 국장은 환영사에 시와 진천군 자매도시 15주년 기 받았다. 연보존 능력을 글로벌 수준으로 미나가 열린 Temescal Beach 서 “지난 주 하와이에서 열린 념 방문시 다시 공원국을 방 Doug Siden 의장은 “이스트베 끌어 올리는 좋은 기회로 활용하 House 공원 산책 시간을 갖고 세계자연보전연맹(IUCN)에서 문해 MOU를 체결하기로 했다. 이 공원국은 1934년 지역 주민들 고 싶다”고 강조했다. 웃음 전도사와 함께 공원 서식 동 국립공원 관리공단 대표단이 자 이번 진천군 일행 공원국 방 의 발의로 공원국 이사회가 구성 이날 공원국은 Ana Alvarez, 식물에 관련 이야기를 들었다. 연보전 대상을 받아 한국이 자연 문은 윌리암 김 진천군 자매 도시 돼 오늘에 이르게 되었다”면서 “ Phd 부국장의 Climate Change 마침 공원에 서식하는 야행 보호 및 관리 강국임을 대표단에 위원장이 주선했으며 행사 전과 지난 한해 22만명의 주민이 65개 Adaptation in P arkland 성 수달이 모습을 들어내 모두 전하고 싶다”며 “4년전 진천군과 정을 통역했다. 이스트베이 공원국 산하 공원을 Management, 소방대장 Dan 깜작 놀라는 해프닝이 있었다. MOU를 체결했었는데 새로히 군 오후 1시 일정을 마치고 다음 방문 방문해 지역 2백70만 주민(33개 도 수님의 McCormick의Fir e and 자연보호 해설가 모건은 지난 2 지로 향했다. <김동열 기자>

자연보존 팀장 Matthew Graul의 Protection of sensitive species and restoration of wildlife habi- tats를 설명하고 있다.

이날 세미나에 참석한 이스트베이 공원국 및 진천군 참석자가 기념 사진 촬영을 하고 있다. Jincheon Korea Delegation pays second visit to EBRPD to renew collaborative relationship for exchange of goodwill and best practices in parkland management and climate change adaptation.

소방대장 Dan McCormick의 Fire & fuels management를 설명하고 있다.

왼쪽부터 염정환 전 군의회 의장, Doug Siden 의장, 송기섭 군수, Robert 왼쪽으로 부터 Mona Koh홍보팀장, 송기섭 군수, Doug Siden 의장, Doyle 국장, 윌리암 김 진천군 자매 도시 위원장 Cathy Zhang 앵커 국립공원 관리공단 부스 앞에선 Robert Doyle 국장

세계자연보전연맹(IUCN)에 참석한 송기섭 군수 기조발표를 하고 있다. Doug Siden 의장이 송기섭 군수 Robert Doyle 국장(왼쪽)과 송기 Dr Ana Alvarez부국장과 송기섭 군수 Robert Doyle 국장이 한국 부스앞에 에게 기념품을 전달하고 있다. 섭 군수 서 안내원과 기념 사진을 찍고 있다. 226 Delegation from Jincheon Korea Pays Second Visit to East Bay Regional Park District

Renewal of collaborative relationship for exchange of goodwill and best practices in parkland management and climate change adaptation.

In 2002, Vallejo City in CA and Jincheon Korea established a sister-city relationship to promote friendly exchange in the areas of culture, education and business. The goal is to continue President Dwight D. Eisenhower’s 1956 vision of creating bonds between different cities around the World to “promote peace through mutual respect, understanding, and cooperation – one individual, one community at a time.” During these 14 years, reigning Mayors of Jincheon and members of their cabinets had paid regular visits to Vallejo to establish bonds of friendship and business relations.

During his visits to Vallejo in April 2012, Mayor Young-Hoon Yoo of Jincheon county in Korea and his cabinet of eleven senior officers also visited the East Bay Regional Park District. Mayor Yoo signed an MOU with Board President Carol Severin and General Manager Bob Doyle to foster communication, collaboration and exchange of best practices in park management, environmental education, and stewardship. Two weeks ago, on September15, newly elected Mayor Ki-Sup Song of Jincheon and his cabinet of ten senior officers visited the Park District to renew ties, friendship and collaboration.

The delegation received a warm welcome from Board President Siden and General Manager Robert Doyle in the scenic setting of Temescal Beach House overlooking Lake Temescal. Established in 1934, EBRPD now receives approximately 25 million annual visits in its 65 parks throughout Alameda and Contra Costa counties. These public open spaces, totaling more than 120,000 acres, contribute significantly to outdoor activities, as well as to the health and wellness of residents spanning 33 cities.

President Siden also recognized the achievements of Doyle. “Because of our general manager’s impactful leadership and District’s stellar reputation in parkland and resource management, he was invited by the White House to represent the Park District, as one of 200 organizations, at the Water Summit in Washington, D.C. this past March.” At the Summit, Doyle presented on the District’s initiatives in mitigating California’s drought by implementing efficient irrigation systems, thinning non-native vegetation, planting drought-tolerant grasses, educating the public about water use, and more.

Doyle thanked the mayor and his delegation for Jincheon’s second visit to the Park District. “This is a significant collaboration between our two agencies that will further international good will, friendship and best business practices.” Doyle added that he represented the Park District at the recent World Conservation Congress in Hawaii 227 hosted by the International Union for Conservation of Nature (IUCN). “I can say, unreservedly, that the Korea National Park Service pavilion was among the very best at the Congress.”

Mayor Song reiterated the importance of the collaboration and introduced members of his cabinet. After the introductions and exchange of gifts, the District’s leadership presented on various parkland management strategies and programs. Deputy General Manager, Dr. Ana Alvarez presented on climate change adaptation. Fire Chief Dan McCormick on fire and fuels management. Chief of Stewardship Matt Graul on programs for protection of sensitive species and restoration of wildlife habitats. Following each presentation, Mayor Song and his delegates were given the opportunity to have their questions answered.

District staff and Korean delegates then conversed and relaxed over a delicious lunch of Korean kimbap, fish cake and empanadas. This was followed by a walk led by Naturalist Morgan Dill to explore native flora and fauna in the park, which included a very rare and “lucky” sighting of two river otters. Elizabeth Nichols, a leader of Laughter Yoga, facilitated exercises that gave the entire party the opportunity to connect and laugh together.

Cathy Zhang, anchor of the Bay Area Chinese language radio show Sound of Hope, conducted an exclusive interview with Mayor Song. In the interview, the mayor announced that he and his delegation will be visiting Vallejo next year to celebrate the 15th Anniversary of their sister-city relationship. They plan to pay another visit to the Park District and engage in deeper dialogs to advance international collaboration.

228 16 September 8, 2016 EB 공원국 미주주간현대 내년 다민족 공원 프로그램 이용 배가 토론

EB공원국 다민족 자문위원회 구성 논의 야에 걸쳐 4백명 이상의 인턴을 모 집하는데 참여를 원하는 학생들은 공원국 고용에 적극적 참여 촉구 여름 모집공고가 나오기까지 기다 리지 말고 신년 초에 신청서를 받 어나고 있는 추세이나 보다. 획기적 아 미리 접수하면 합격할 확률이 Parks Foundation의 Juliana 으로 배가 시키기 위해선 공원국 각 분야의 전문가들이 참석해 관 높은 만큼 가급적 서두르는 것이 Schirmer 담당관은 자연과 공원 산하에 다민족 자문위원회를 구성 련 분야에 대한 자세한 설명이 있 좋다”고 조언을 했다. 을 사랑하는 회원들의 회비와 기 해 필요한 프로그램 개발과 제반 었다. 이어서 “공원국 직원 가운데 은 부금에 의해 운영 되고 있는데 다 이스트베이 공원국(EBRPD / 업무를 검토할 위원회 구성에 공감 Carol Johnson 홍보담당 부 퇴하는 숫자가 늘면서 다양한 분 민족 개인들의 가입을 환영한다고 이하 공원국)은 내년에 다민족 대를 형성하고 커뮤니티 별 의견을 국장은 “다민족 건강걷기 행사 야에서 직원을 모집하는 만큼 미 밝혔다. 커뮤니티가 지역내 공원 이용 및 교환했다. 등 다양한 프로그램이 더욱 발 리 미리 공원국 웹사이트(ebparks. 이날 모임에는 Lisa Baldinger 프로그램 참여를 배가 시키기 위 현재 실시하고 있는 다민족 건강 전적으로 진행하기 위해선 커 org) 내 employment section을 입법담당관의 입법활동과 Raj 해 공원국 산하에 다민족 자 걷기 행사, 커뮤니티 참여 활동 , 뮤니트 리더들의 노력과 활동이 자주 방문해 고용 오픈 내용을 확 Hajela 파운데이션 재무관도 참 문위원회(Multicultural 유스 인턴 채용, 자원 봉사자 확대 더욱 요구 되는 만큼 오늘 토론 인하면 자신의 전공과 능력에 맞 석해 맡은 업무에 대한 소개도 있 Advisory Committee (MAC)) 구 등 다민족 관련 전반적인 공원국 을 거쳐보다 좋은 대안이 많이 는 직책을 찾을 수 있을 것”이라고 었다. 성을 토론했다. 프로그램을 점검했다. 나오기를기대한다”면서 “공원국 덧붙였다. 이날 모임에는 한국, 중국, 대만, 지난달 26일 Mona Koh 커 이날 모임에서 파크 프로그 산하 파운데이션에 대한 다민 인턴 과정을 거쳐 정규직에 고용 멕시코, 아프리칸 아메리칸계 등 뮤니티 홍보관의 사회로 공원국 램, 서비스, 부대시설(결혼식, 파티 족들의 관심과 회원 가입도 된 직원이 많은 만큼 인턴 과정은 다양한 소수계가 참석했다. 본부 회의실에서 열린 다민족 커뮤 장, 연회장소 등)의 이용 개선점과 매우 시급하다”고 말했다. 자기혁신에 매우 중요한 지름길 이 보다 자세한 내용은 공원국 웹 니티 리더들은 소수계 지역 주민 학생 인턴제도, 자원봉사활동 참 Bismarck Blanco 인사담당관은 라고 전했다. 사이트 www.ebparks.org를 방문 들의 공원 이용이 상대적으로 늘 여, 파크 Rx(처방전), 입법활동 등 “매년 여름 방학 때 다양한 분 또한 EBRPD산하 Regional 하면 된다. <김동열 기자>

Community Leaders at the 4th Annual Multicultural Leaders Roundtable. 다민족 자문위원회구성 모 임을 마치고 기념 사진 촬영을 하고 있다. (오른쪽 끝으 로 부터 3번째가 본 지 김동열 발행인)

이스트베이 공원 국(EBRPD / 이 하 공원국)산하 에 다민족 자문 위원회(Multicul- tural Advisory Committee (MAC)) 구성 문 제를 협의하고 있 다.(오른쪽 끝이 본지 김동열 발 행인)

왼쪽으로 부터 Juliana Schirmer, Regional Parks Foundation담당관, Raj Hajela 파운데이션 재무관, Carol Johnson 홍보담당 부국장 Lisa Baldinger 입법담당관. 229 Community Leaders Convene to Discuss Formation of Multicultural Advisory Committee (MAC)

On Aug 26, 2016, a group of leaders representing local Latino, African American and Asian communities, convened at the East Bay Regional Park District (EBRPD) headquarters for the 4th Annual Multicultural Leaders Roundtable. EBRPD staff from Public Affairs, Human Resources, Government Affairs, and the Regional Parks Foundation (RPF) presented updates on their programs. Human Resources Analyst, Bismarck Blanco, informed the leaders that EBRPD has over 370 seasonal jobs each year for youth, ranging from lifeguards to recreation leaders. Working outdoors has benefited many of the youth, including one who said, “Working in the parks kept me alive, away from street violence.” RPF Director, Juliana Schirmer, spoke on “Access for all” and “Safety for all”. To increase access to the Regional Parks, the Foundation funds programs that include Kids Healthy Outdoor Challenge, Parks Express and Camperships. The Foundation has also funded the availability of free loaner life-jackets at all EBRPD swim facilities to increase safety in the parks. Legislative Assistant, Lisa Baldinger presented an outline of her career path from intern to RPF board member to Legislative Assistant at the District. Her work - preparing documents and connecting with community groups, policy leaders, and public agencies - advances the District's legislative and policy interests.

The District leadership proposed the formation of a Multicultural Advisory Committee (MAC). This Committee will comprise current and new community leaders who are interested in offering strategic input to the Park District to enhance and augment park services, amenities, programming, youth outreach, volunteering, environmental projects, legislative advocacy and more. MAC leaders will educate and inform their communities on the District’s key initiatives such as Healthy Parks Healthy People, Park Prescriptions and youth outreach. The leaders will also support the District’s environmental initiatives. These include acquiring land for preservation and public access, creating more trails to promote green transportation, restoring shorelines and habitats, and protecting endangered species. All the leaders present at the Roundtable expressed interest in joining the Multicultural Advisory Committee.

230 Swalwell Honored for Efforts to Protect Parks, Shorelines and Open Space Posted: Thursday, September 22, 2016 12:00 am

The East Bay Regional Park District presented Rep. Eric Swalwell with the 2016 Congressional Park Champion Award Monday, Sept. 19th in recognition of his efforts to protect parks, shorelines and open space in the East Bay and beyond.

The award, given on behalf of the National Recreation and Park Association, calls out Rep. Swalwell as an avid park and trail user – including hosting numerous “ride with your rep” and “walk and talk” town halls. The award also acknowledges Swalwell’s commitment to the environment – particularly his work on wetlands restoration, clean air and water, and sustainable energy. As a member of the Science Committee, Swalwell is aware of the impact a changing climate is having on our communities, shorelines and environment.

The Park District shares Swalwell’s commitment to environmental protection, especially regarding the impacts of climate change. For example, as stewards of 55 miles of Bay-Delta shoreline, the Park District provides the first line of defense against sea level rise for millions of people in the East Bay. The District recognizes federal, state, regional and local governments must work together to adapt to a changing environment.

With the passage of Measure AA, the San Francisco Bay Restoration Authority’s “Clean and Healthy Bay” parcel tax in June, agencies such as the Park District have an opportunity to finance shoreline resiliency projects before serious disasters actually occur. The Park District believes up-front investment in emergency preparedness should follow the same permitting protocols as actual emergencies. As the “Baylands Ecosystem Habitat Goals Science Update” of 2015 points out, at least eight state and federal agencies are likely to have a role in the permitting process of Bay Area wetlands. In addition, shoreline projects may need local authorization from cities or counties, as well as those that cross paths with railroad tracks, pipelines, highways and utilities which require additional permission.

231 Are photo ops proving fatal to foxes?

Courtesy of Richard Finn A gray fox, native to California.

By JOAN MORRIS | [email protected]

PUBLISHED: September 22, 2016 at 7:00 am | UPDATED: September 22, 2016 at 11:23 am DEAR JOAN: The staff at Coyote Hills Regional Park has recently found another gray fox dying beside the trail, surrounded by fast food wrappers. Please let your readers and the public know that a fed fox is a dead fox. Feeding wild animals is illegal and will eventual kill the animals. What may seem like an act of kindness is actually a death sentence.

Park staff has alerted the park district police, but they can’t be everywhere. Regular park users need to be alert to uninformed folks feeding foxes or any wild animal and call park police or speak to the uninformed person. Staff will be putting up signs and doing aversion training on the foxes, but it is a problem of humans, not foxes.

Some of the feeders are doing it to get closeup photos — how selfish. Experienced photographers know this is unethical and deadly for the animals they purport to love. I am urging the district to make multilingual signs so that everyone gets the message.

The gray fox suffers from habitat loss and pressure from nonnative red foxes. This is an additional stress they don’t need. Your caring readers have the power to fix this problem.

Steve Wiley, Hayward

DEAR STEVE: I’m saddened to hear about this. It’s part of a larger problem of humans loosing our connection with the wild and its animals. I’m reminded of my first visit to Yosemite a few years back. Cars suddenly started pulling off to the side of the road and the people inside got out and began running into the woods. When I asked what was going on, I was told someone had seen a bear and they were all running to take pictures.

232 Yeah, what could go wrong in that scenario? Unfortunately, modern history is replete with such tales and, sadly, many of them are about people who just want to be close to nature and, in the case of the foxes, wanting to help them out by feeding them. I always say, however, that when animals get too close to humans, it seldom ends well for the animals.

233 Hayward area marshlands endangered by climate change Permit delays inhibiting key levee fixes, park leaders say

East Bay Regional Park District Park Supervisor Mark Taylor shows Rep. Eric Swalwell (D-Pleasanton) an eroding levee that requires a high number of permit filings during a Sept. 19 tour of the Hayward Regional Shoreline. Taylor said this has prevented much of the damage from being repaired, even as rising water levels increase the damage rate. (Paul Kuroda/Bay Area News Group) By DARIN MORIKI | [email protected]

PUBLISHED: September 22, 2016 at 3:26 pm | UPDATED: September 22, 2016 at 5:06 pm Next to the San Mateo-Hayward Bridge, set back from industrial businesses and the Hayward Water Pollution Control Facility nearby, western snowy plovers, California least terns and black skimmers make their homes on human-made islands.

But their tranquility is threatened by the danger that lurks over the shoreline in the form of climate change and red tape.

Those who know it best say the 1,811-acre Hayward Regional Shoreline area is besieged by a sea affected by climate change, resulting in levee failures and trail flooding.

“This area was built on old salt ponds, so the levees were never engineered for heavy truck traffic, or the system wasn’t designed for active maintenance, so over many years, there has been a lot of sedimentation and failures,” said Matt Graul, East Bay Regional Park District stewardship chief.

“We have to keep fixing the levee failures with small Band-Aid projects … that were all done under emergency permits because we were basically losing the trail, emergency vehicle access, access to do utility maintenance and access for public safety to keep users on the San Francisco Bay Trail safe,” he said Tuesday.

234 At issue, he noted, is the snail-like pace at which permits must be approved by local, state and federal agencies before any work can take place, including the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, San Francisco Bay Regional Water Quality Control Board, San Francisco Bay Conservation & Development Commission, and the California Department of Fish and Wildlife.

In some cases, it can take up to three to five years to secure permits from the time applications are first submitted, Graul said.

Though laws were crafted over the years to protect environmentally sensitive, wildlife protection areas like the Hayward Regional Shoreline, many are also hindering long-term maintenance projects, said Bob Doyle, East Bay Regional Park District general manager.

“The issue with that is we’re treated just like a developer or highway project,” Doyle said.

“Even though this is for habitat restoration, public use and there is no development proposal here, the permitting process is exactly the same, whether you restore something or build a highway,” he said.

Those list of projects do not account for any climate change mitigation measures even though the Hayward Regional Shoreline area is projected to be at elevated risk for rising sea levels, Graul said.

“The real impact is stronger storms with a bigger surge, high tides and high winds, so once the outer levees go, the water will head toward power plants, schools, railroad tracks and the highways,” Doyle said.

“These marshes, which we all preserve because we thought it would be great to preserve for the public and habitats, are now the front line of protecting infrastructure along the entire East Bay, and they were not designed or engineered to protect against storm surge — something is already happening every year, so we’re just going to see that increase with the storms,” he said.

According to a 2008 California Climate Change Center report, sea levels along shorelines and coasts could rise as much as 16 inches by 2050 and 55 inches by 2100.

Using those figures, a March 2010 report compiled by San Francisco-based environmental consulting firm Philip Williams & Associates for the Hayward Area Shoreline Planning Agency found that the 4.3-mile stretch of shoreline north of Highway 92 to San Leandro Creek could migrate up to 500 yards inland by 2050 and up to 1,500 yards inland by 2100.

The Hayward Area Shoreline Planning Agency, created in 1970, consists of leaders from the Hayward Area Recreation and Park District, East Bay Regional Park District, and Hayward.

The East Bay Regional Park District is actively working with the U.S. Fish and Wildlife Service and Army Corps of Engineers on a long-term maintenance plan for the Hayward shoreline, Graul said. 235 Efforts to maintain and upgrade treatment ponds, with the help of the Union Sanitary District, could add up to $20 million, he said. Additional maintenance projects or those to combat bird diseases could cost an extra $29 million.

The East Bay Regional Park District, deterred by the high costs, is now working with the Union Sanitary District to eventually stop the discharge of wastewater and restore the area into marshes that reduce the range of tides but still allow frequent inundation, Graul said.

That initiative could lead the East Bay Regional Park District to eventually open a 250- to 300-acre section of the Hayward Regional Shoreline now closed to the public because of wastewater treatment operations.

The long-term costs, however, are daunting.

Raising existing earthen levees along an 11-mile stretch of the Hayward Regional Shoreline by about 2.5 to 3 feet to meet Army Corps of Engineers standards could run up to $29 million, or $500 a foot, based on 2007 estimates, said East Bay Regional Park District Park Supervisor Mark Taylor.

Congressman Eric Swalwell, who toured the area Monday, said he plans to “contact the relevant federal agencies, and do all we can to encourage all parties involved to coordinate in a more timely fashion.

“The Hayward Area Recreation and Park District and the East Bay Regional Park District have described a problem in which local, state and federal agencies can’t seem to get on the same page at the same time to sign off on the work necessary to preserve this marshland,” Swalwell wrote in an email after the Monday tour.

236 East Bay Coastal Cleanup Targets Microplastics

On June 25th, more than fifty volunteers participated in a coastal cleanup hosted by East Bay Regional Parks District and sponsored by Caltrans. Families picked up trash along Encinal Beach after naturalist Michael Charnofsky brilliantly illustrated the negative environmental impacts of microplastics on the local ecosystem.

Leaders from both organizations attended, including Bijan Sartipi, District 4 Director of Caltrans; David Zuckermann, Interpretive and Recreation Services Manager of Regional Park District; and Bill Yarborough, Board Chair of Regional Parks Foundation. Caltrans employees together with the entire community, from toddlers to businesspeople, showed great enthusiasm for the Encinal Beach activity as well as inspiring determination to protect our waterways. It was especially neat to see Caltrans employees with their families, passing commitment to the environment from one generation to the next.

This event began a series of community efforts of the Caltrans’ Protect Every Drop campaign, a three-year initiative to educate the public about stormwater pollution and water quality in our streams, rivers, lakes, and coastal waters. The community

237 efforts of the campaign include more cleanup events, environmental education for young people, and transportation to shoreline field trips for low-income students.

In total, volunteers collected over six cubic yards of mircoplastics and trash at Encinal Beach. That’s enough to fill three full-sized pick up trucks! More importantly, the community came together on this sunny Saturday in the Bay Area to contribute toward a tangible improvement in the environment and to make Protect Every Drop a reality.

238 300-Space Parking OK'd at Fremont's Popular Mission Peak By Lisa Fernandez Published at 1:04 PM PDT on Sep 22, 2016

Hillary Van Austen Hikers approach the iconic summit marker near the top of Mission Peak. (Sept. 20, 2016)

The East Bay Regional Park District board on Tuesday approved spending $1 million in the first phase of creating a 300-space parking lot at the trail head to the uber- popular Mission Peak in Fremont.

The vote passed 7-0. The next step is to allocate another $5.5 million to finish the project, which also would include bathrooms, picnic tables and landscaping improvements, hopefully to be completed by 2020, according to Bob Nisbet, assistant general park district manager. Park staff is recommending a $6.5-million project, they hope would help alleviate the parking space issue and upgrade the park.

In the past, both residents and the park district have said that building more parking spaces could actually bring in more hikers. "Right now," however, park spokeswoman Carolyn Jones said, "going forward with the parking lot is the best possible option to alleviate the problems."

239 View from Mission Peak. (Sept. 20, 2016) Photo credit: Kevin Fox Mission Peak, which overlooks Silicon Valley and was featured in the New York Times in 2014, has an average of 22,000 visitors a month, according to the park district. About 19,000 of those visitors begin their hike from a trail head at the end of Stanford Avenue.

The peak has become so famous lately that the "Mission Peeker" marker pole at the summit is the most geo-tagged landmark in the city of Fremont, as documented by the endless stream of selfies posted on social media.

The parking lot is supposed to help, but even district officials realize the grand total of 343 spaces won't take care of all the cars that drive up to the trail head in route to ascend the 2,500-foot mountain. On a typical Saturday, 644 cars can be found on Stanford Avenue, the park district found in its report to the board.

That means, that 301 cars would need to find overflow parking, even if the new lot is built on one of the busy weekend days, park staff found. Half could park on the street, the park district said, and 150 would have to find another place to park, such as Ohlone College, or other residential streets.

"The shortage of parking has long been a concern for the district,” the park district said in its report.

The new lot would be at the western entrance to the Mission Peak Regional Preserve at the end of Stanford Avenue.

240 The East Bay Regional Park District has been struggling to grapple with the success of the park over the last five or six years. The district has tried cutting back trail hours, suggesting other hikes in the area, and in 2015, even considered charging a hiker's fee. That suggestion never materialized.

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小编推荐美国最大公园管理局转向太阳能发电

2016-08-24 来源: 希望之声廣播電台 [字号] 大中小繁体版民调：北卡川普希拉里胶着亚利桑那川普胜 1

智库：遣返非法移民需3000亿美 Like 3.5K Share 1 元 GDP损失1万亿 2

川普近期竞选政策面面观边境安全最重要 3

S.H.E现身“团圆”特展：蜡像比巨星难伺候 4

川普拥有隐蔽选民？竞选经理说民调不准 5

缅甸6.8级强震 3死65佛塔损毁云南也晃动 6

传奇球星科比投身商界创立基金投资媒体科技 7

从零开始加华裔李玲10年成出色地产经纪 8

【快讯】阿富汗美国大学遭袭数百师生被困 9 （图片来源：EBRPD) 十样在中东可发现的隐藏瑰宝 2016年8月19日星期五，东湾公园管理局在Pleanton Shadow Cliffs公园举行了太阳能电池板组图 10 的安装仪式，宣布园内的可再生能源计划和太阳能车库系统将正式开始施工，并于今年年底完成所有工程. Ayn Wieskamp,Board Director, EBRPD 热门推荐

1 他把装了食材的塑胶袋放进水里后，就让那些花大钱买真空包装机的主妇们后悔到尖叫啦!

2 单身女性入境美国低调端庄为上策

3 9类妈妈养出的孩子必成大器！(值得收藏)(图)

4 秋天吃红薯居然这么神奇……一定要告诉家人！(图)

5 解密美国两个购买机票最便宜的时 242 这项太阳能车库计划包括一组占地7万平方英尺、年产电量为1.2 兆瓦的太阳能电池板，它的产电量足以抵消三个电动汽车充电站、一个再生水灌溉系统、当地树木种植及公园本身所需的耗电量。项目经理、东湾公园管理局助理财务长Jeff Rasmussen说：段【录音1】“这个项目的目标是提供整个公园管理局几乎所有的耗电量。” 6 Milpitas警方通知居民提防绑架骗谈到这个项目的意义，Jeff Rasmussen说：局【录音2】“今天我们活动的意义在于我们具有开创性的太阳能电池板，我们从2012年就开始 7 湿纸巾包装不要扔！黏到它，令人着手这项工作，预先计划并努力地了解我们的能源需求，今天我们就大大庆祝这次项目的里疯狂！(组图) 程碑。” 8 想开电动车吗？Tesla提供两年租赁东湾公园管理局负责管理旧金山湾东边Alameda县和Contra Costa县的公共公园和登山路径，方案监管 65个区域公园和超过12英亩的地域，包括休闲区、荒野、岸线、保护区和浅滩地 9 马蓉素颜照曝光似大婶丑哭网友区。2014年，东湾公园管理局董事会通过了太阳能车库项目的预算方案，由地区政府出资组图 750万美元建造，费用包括基础建设、人员、应急、运行与维护等。2015年，Borrego太阳能 10 网路断线照样通 4个你该学会公司通过竞标拿到项目的承包合同。Jeff Rasmussen表示，这个太阳能项目预计每年将为公的Google离线功能(组图) 园管理局节省32万美元的开支，并在14-19年后收回成本。 Jeff Rasmussen还表示，Shadow Cliffs位于三谷地区，非常炎热，每一位游客都要忍受着高温在公园里游玩。这个新的太阳能电板车库还将为公园的游客提供难得的停车场遮阴处。以上是希望之声记者李珺、馨恬在旧金山湾区的采访报道。

America's Largest Regional Park District Installs Solar Power System August 19, 2016 Friday, East Bay Regional Park District at Shadow Cliffs Park in Pleasanton held a ceremony for the installation of a solar carport system. Construction of this renewable energy project officially started last week and will be completed at the end of this year. The system comprises a set of solar panels covering 70,000 square feet, with an annual output capacity of 1.2 megawatts of power, which will offset electricity use for almost all the Park District,including three electric-car charging stations and a new recycled water irrigation system. Project Manager, Assistant Finance Officer Jeff Rasmussen, said:"The goal of this project is to provide the entire Park District with almost all its power." In 2012 we started assessing our energy needs, and planning for this energy efficiency project. Today we celebrate this significant project milestone." 养生网热门文章 In 2014,the EBRPD Board approved $7.5 million for the solar project. It is funded by the Park District and covers construction, infrastructure, personnel, emergency, operation and maintenance. In 2015, Borrego Solar won the contract 1 睡前洗头为什么不好？中医告诉 through competitive bidding. Rasmussen said the solar project will save the 你3个危害(图) District $320,000 annually and the costs will be recovered in 14-19 years. 2 吃鸡蛋身体变化有多大？大多数人 Rasmussen added that Shadow Cliffs, located in Tri-Valley area,is very hot in 不知道吧！ the summer. Visitors often have to endure high temperatures in the park. The new solar panels will provide much needed shade and relief from the heat. 3 晚上睡觉前喝这个，能排出有毒物质，可惜没几个人知道！图/视频 Report and radio interview by SOH reporter Li Jun, Xin Tian coverage in the San Francisco Bay Area. 243 Toxic algae is in more than 40 California lakes, waterways Published on 09/19/2016 - 9:40 am Written by The Associated Press

(AP) — Toxic algae has shown up in more than 40 state lakes and waterways from Los Angeles to the northern reaches of California, the highest count in state history.

Water agencies have been caught off guard by the growing extent of the algae, which is triggering health warnings, the closing of swim areas and a reduction in park visitors and revenues, the East Bay Times reported Sunday.

"The algae caught everyone by surprise, and it was difficult to get clear guidance and protocols on what to do about it," said Carolyn Jones, an East Bay Regional Park District spokeswoman. "We went more than 80 years before we had a closure for this toxic substance in the drought."

The cyanobacterium, which occurs naturally, can cause gastrointestinal problems and allergic reactions in people and sickness and death among pets and wildlife. The cyanobacterium has blossomed during the state's drought.

The microbes are causing more trouble because nutrients that built up during the drought were washed off hills during this year's rains.

Reporting of algae blooms has been spotty and inconsistent among the many different lake operators and owners. But there are many signs the algae is getting worse in California, said Beverley Anderson-Abbs, an environmental scientist with the state Water Resources Control Board.

Among the waterways affected are Del Valle Reservoir near Livermore, Pyramid Lake near Los Angeles and Lake Elsinore in San Bernardino County, which have closed at times. San Jose closed its Cunningham Lake to boating and fishing for the first time earlier this month, and Contra Costa County health officials posted

244 warning signs this year in some waters in Discovery Bay, a boater-oriented community.

Some lake managers are testing herbicides to reduce algae blooms, but experts say there is no quick solution.

"There is no silver bullet," Anderson-Abbs said. "Generally, the best thing to do is to stay out of the water until the bloom is over."

245 Grant Money To Prevent Another Oakland Hills Firestorm Pulled By FEMA

September 18, 2016 8:28 PM By Andria Borba

OAKLAND (KPIX 5) — The threat from a dangerous fire source in the Oakland Hills is now greater than ever.

As the 25th anniversary of the Oakland Hills firestorm looms—a sign in those very hills points to the fire danger today as very high. The fight over how to best prevent the next fire from destroying 3,000 homes is beginning to heat up.

A $3.5 million FEMA grant for tree thinning at UC Berkeley and the city of Oakland has been pulled.

The grant remains in place for East Bay Regional Parks District.

“It’s a real disappointment to us and a real sense of frustration,” Susan Piper with the Oakland Wildfire Prevention Assessment District said.

Piper lost her home to the fire in 1991, and says they’ve been waiting for the grant for ten years, and target one was thinning a stand of highly flammable eucalyptus trees near the Caldecott Tunnel.

“Reduce the fuel, create space so that first responders can get in there to keep those small fires small,” Piper said.

Fueling the other side of the argument is Dan Grassetti with the Hills Conservation Network, who is glad to see the grants for Oakland and Cal pulled.

246 “They became hijacked by some folks who decided fire risk mitigation money was a really great way to do native plant restoration, which is a fine thing to do, but it is not fire risk mitigation,” Grassetti said.

Grassetti’s home was just four homes away from burning to the ground in the Oakland Hills Fire, and was saved when firefighters made a stand.

He says the eucalyptus trees were not the problem in 1991, and are not the problem now.

If you look at the data, the FEMA report for the ‘91 fire it had almost nothing to do with eucalyptus trees, it was a house to house fire. The eucalyptus trees were incidental to the fire,” Grassetti said.

Now, the Oakland Wildfire Prevention Assessment District had raised $300,000 to match the FEMA grant. Piper says they will be looking to re-allocate the funds.

247 HYUNDAE NEWS USA EB 공원국 September 1, 2016 17 EB공원국 첫 솔라 에너지 설치 착공식 열려

서 “연 평균 약 1.2메가 와트 전력 comb 프로젝트 매니저, Pleasanton 시 Shadow Cliffs 공원 주차 지역 을 생산해 공원에서 필요하면 전 Pacific Gas & Electric Rep 등 력소모량을 모두 커버하게 된다” 이 참석했으며 Groundbreaking 연간 1.2 메가 와트 생산 은Pleasanton시 Shadow Cliffs 고 말했다. 세레모니를 가졌다. Regional Recreation Area (2500 이어서 “ 가스 감소는 약 62~80 지난 달에 건설을 시작해 금 Stanley Blvd Pleasanton CA)공 에 이를 것으로 예상되며 공사비 년 12월에 준공할 예정이다. 원내 주차지역에 솔라 에너지 시 용은 7백 50만 달러는 17년에 걸 이스트베이 공원국 웹사이트: 스템 설치를 기념하는 착공식을 쳐서 상쇄될 것이다”라고 덧붙였 www.ebparks.org <김동열 기자> 지난달 19일 가졌다. 국장은 “이스트베이 공원 가운데 다. 이스트베이공원국(EBRPD / Ayn Wieskamp 이사의 사회로 Shadow Cliffe공원에 최초로 솔라 이날 착공식에는 Jerry Thorne East Bay Regionak Park District) 시작된 착공식에서 Robert Doyle 에너지 시설을 설치하게 되었다”면 Pleasanton Mayor, John New-

Groundbreaking of EBRPD Solar Panel Installation 세레모니 모습.

EB공원국 Ayn Wieskamp 이사 Robert Doyle국장이 경과 보고를 Jerry Thorne Pleasanton 시장이 Catherine Baker 캘리포니아 주하 John Newcomb 프로젝트 매니저 하고 있다. 축사를 하고 있다. 원 사무실에서 나온 신디가 축사를 대독하고 있다.

솔라 에너지 시스템 설치를 기념하는 착공식 Shadow Cliffs공원 솔라 에너지 설치 조감도 248