MAY 17, 2016 Vice President - Ward 6 Board Meeting Is Scheduled to Commence at DENNIS WAESPI 2:00 P.M

Board of Directors Board Meeting Packet

MAY 17, 201 6

Clerk of the Board

YOLANDE BARIAL

KNIGHT (510) 544-2020 PH (510) 569-1417 FAX

East Bay Regional MEMO to the BOARD OF DIRECTORS Park District EAST BAY REGIONAL PARK DISTRICT

Board of Directors DOUG SIDEN President - Ward 4

BEVERLY LANE The Regular Session of the MAY 17, 2016 Vice President - Ward 6 Board Meeting is scheduled to commence at DENNIS WAESPI 2:00 p.m. at the EBRPD Administration Building, Treasurer - Ward 3 2950 Peralta Oaks Court, Oakland DIANE BURGIS Secretary - Ward 7

JOHN SUTTER

Ward 2 Respectfully submitted, AYN WIESKAMP Ward 5

WHITNEY DOTSON Ward 1

ROBERT E. DOYLE ROBERT E. DOYLE General Manager General Manager

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

REGULAR MEETING OF MAY 17, 2016 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT

12:00 p.m. ROLL CALL (Board Conference Room) The Board of Directors of the East Bay Regional Park PUBLIC COMMENTS District will hold a regular meeting at District Headquarters, 2950 Peralta Oaks Court, Oakland, CA, CLOSED SESSION commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for A. Conference with Labor Negotiator: Gov’t Code § 54957.6 Open Session on Tuesday, May 17, 2016.

Agency Negotiator: Robert E. Doyle, Debra Auker, Agenda for the meeting is Jim O’Connor, Sukari Beshears listed adjacent. Times for agenda Employee Organizations: AFSCME Local 2428, Police Association items are approximate only and Unrepresented Employees: Managers and Confidentials are subject to change during the meeting. If you wish to speak on matters not on the agenda, you B. Public Employee Performance Evaluation: may do so under Public Gov’t Code § 54957 Comments at the beginning of a) Chief Financial Officer/Controller the agenda. If you wish to testify b) Clerk of the Board on an item on the agenda, please complete a speaker’s form and submit it to the Clerk of the C. Conference with Legal Counsel: Board.

1. Existing Litigation – Gov’t Code § 54956.9 (d)(1): A copy of the background a) Golden Gate Holdings LLC v EBRPD materials concerning these agenda items, including any Case No. RG – 115754462 material that may have been b) EBRPD v Golden Gate Holdings LLC submitted less than 72 hours Case No. RG – 11586821 before the meeting, is available c) Balch et al. v East Bay Regional Park District for inspection on the District’s Alameda County Superior Court website (www.ebparks.org), Case No. RG – 16814952 the Administrative Building reception desk, and at the meeting. D. Conference with Real Property Negotiator Regarding Price and/or Terms of Payment – Gov’t Code § 54956.8 Agendas for Board Committee Meetings are available to the public upon request. If you wish 1) Agency Negotiator: Bob Nisbet, Liz Musbach to be placed on the mailing list to receive future agendas for a APN/ADDRESS PROPERTY OWNERS PARK/TRAIL specific Board Committee, please call the Clerk of the Contra Costa County Board’s Office at (510) 544- 2020. 075-070-002 Save Mt. Diablo Black Diamond Nortonville Road, Pittsburg Mines Regional District facilities and meetings Preserve comply with the Americans with Disabilities Act. If special 078-320-002 Save Mt. Diablo Deer Valley accommodations are needed for 14599 Marsh Creek Road, Regional Park you to participate, please Clayton contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting. 1

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

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA

B. PUBLIC COMMENTS

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

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of April 4, 2016 to April 24, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of May 3, 2016 (Barial Knight/Auker) (No Cost) c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) d. Authorization to Execute a Consulting Services Contract with Knapp Architects for Cultural Resource and Architectural Consulting Services: Black Diamond Mines Regional Preserve (Tong/Nisbet) (Resolution) (Budgeted Funds) e. Authorization to Enter into a Mitigation Agreement and Convey Real Property to Alameda County Flood Control and Water Conservation District – P-Line West of Paseo Padre Parkway (APNs 543-439-3-8 (Por.); 543-439-31 (Por.); 543-439-32-2 (Por.)): Coyote Hills Regional Park (Musbach/Victor) (Resolution) (No Cost) f. Authorization to Purchase One Type III Fire Apparatus from HME, Inc. to Replace 1997 Type III Fire Apparatus (McCrystle/O’Connor) (Resolution) (Budgeted Funds) g. Approval of Finance and Management Services Reorganization, Merging Assistant General Manager of Finance and Management Services and Chief Financial Officer/Controller Positions and Approval of Job Duties, Authorizing One (1) FTE for Assistant Finance Officer and One (1) FTE Confidential Secretary and Adjusting Compensation (Auker/Doyle) (Resolution) (Budgeted Funds) h. Approval of Resolution Ordering and Giving Notice of an Election to be Held in the East Bay Regional Park District for the Purpose of Electing Three Directors and Requesting the Board of Supervisors of Alameda and Contra Costa Counties to Consolidate the District Election with the Statewide General Election Being Held November 8, 2016 (Barial Knight/Victor) (Resolution) (Budgeted Funds) i. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa

2 County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic)(Zones of Benefit) (Zenoni/Auker) (Resolution) (No Cost) j. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) (Zenoni/Auker) (Resolution) (No Cost)

2:30 p.m. 2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. Approval of Resolution Declaring the Intention to Establish Community Facilities District No. C-2 Las Trampas and to Authorize the Levy of Special Taxes (Spaulding/Zenoni/Auker) (Resolution) (Budgeted Funds) b. Approval of Resolution Amending the Board Operating Guidelines Related to Purchasing, Contracting and Agreements and Changing Time of Regular Board Meetings (Zenoni/Auker/Victor) (Resolution) (No Cost) c. Authorization to Amend the 2016 Budget, Appropriate Funds and Close Measure WW Local Grant Program Projects (Margulici/Rasmussen/Auker) (Resolution) (Budget Change/ Measure WW)

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

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

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

3:45 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION

3:50 p.m. 6. BOARD COMMITTEE REPORTS

a. Natural and Cultural Resources (02/25/16) (Nisbet/Lane)

3:55 p.m. 7. BOARD COMMENTS

4:30 p.m. D. ADJOURNMENT

3 CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of April 4, 2016 Through April 24, 2016 (Auker/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of April 4, 2016 through April 24, 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.

4 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 05 -

May 17, 2016

APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF April 4, 2016 THROUGH APRIL 24, 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 April 4, 2016 through April 24, 2016;

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

5 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

b. Approval of the Minutes for the Board Meeting of May 3, 2016 (Barial Knight/Auker)

6 Page Left Blank Intentionally

7 Unapproved Minutes Board Meeting of May 3, 2016

The Board Meeting, which was held on May 3, 2016 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 12:32 p.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

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

The Open Session of the Board Meeting was called to order at 2:01 p.m. by Board President Siden.

Staff Present: Robert Doyle, Debra Auker, Carol Victor, Carol Johnson, Erich Pfuehler, Juliana Schirmer, Aaron Roth, Anne Kassebaum, Al Love, Liz Musbach, Alicia Gonzales, Bob Nisbet, Chris Barton, John Bouyea, Bill Zenoni, Tim Anderson, Jim O’Connor, Sean Dougan, Kristina Kelchner, Jeff Rasmussen, Matt Graul, Al Love, Anthony Ciaburro, Sara Rieck, Linda Wu, Suzanne Lusk, Raphael Breines, Glenn Gilchrist, Dale McCourt, Kelly Barrington

Guests: Jim Townsend, Mike Conneran

A. APPROVAL OF AGENDA

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

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

B. PUBLIC COMMENTS

None.

C. BUSINESS BEFORE THE BOARD

CONSENT CALENDAR

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

Directors For: Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Directors Against: None. 8 Unapproved Minutes Board Meeting of May 3, 2016

a. Approval of District Check Listing for the Period of March 21, 2016 to April 3, 2016 Resolution No. 2016 – 05 – 102 (attached)

b. Approval of the Minutes for the Board Meeting of April 19, 2016

c. Authorization to Grant a Waterline Easement to the Kiely Family Trust: Pleasanton Ridge Regional Park Resolution No. 2016 – 05 – 103 (attached)

d. Approval of Out-of-State Travel for Directors Dennis Waespi, Whitney Dotson, John Sutter, and Ayn Wieskamp to Attend the 2016 Special Park District Forum in Cleveland, Ohio from June 13- 17, 2016 Resolution No. 2016 – 05 – 104 (attached)

e. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two-County LLD) Resolution No. 2016 – 05 – 105 (attached)

f. Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report for East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) Resolution No. 2016 – 05 – 106 (attached)

g. Authorization to Partner and Accept Funding from the City of Alameda for Storm Drain Improvements and Amend the 2016 Budget: Robert W. Crown Memorial State Beach Resolution No. 2016 – 05 – 107 (attached)

h. Authorization to Convert One Full Time Equivalent (FTE) Senior Office Assistant to Office Specialist: Public Affairs Division Resolution No. 2016 – 05 – 108 (attached)

i. Authorization to Revise Measure AA Project Budgets and Allocation Area Amounts Resolution No. 2016 – 05 – 109 (attached)

j. Authorization to Consolidate Remainder Measure AA Funds Resolution No. 2016 – 05 – 110 (attached)

k. Authorization to Apply for Grant Funds from the U.S. Department of Justice for up to Two Police Officers: District Wide Resolution No. 2016 – 05 – 111 (attached)

9 Unapproved Minutes Board Meeting of May 3, 2016 l. Authorization of Sole Source Agreement with Hallsten Corporation for the Purchase of New Aluminum Floating Dock System: Martin Luther King Jr. Regional Shoreline Resolution No. 2016 – 05 – 112 (attached)

2. LEGAL AND ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

By motion of Director Burgis, and seconded by Director Dotson, the Board voted unanimously to approve item 2a.

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

a. Authorization to Enter into an Amended and Restated Memorandum of Understanding with Union Pacific Railroad Regarding Recreational Trail Right-of-Way Over Railroad Property for Public Shoreline Access: District Wide Resolution No. 2016 – 05 – 113 (attached)

GM Doyle gave the historical perspective of the railroads and trails. The District was the only petitioner that ever stopped a railroad merger based on CEQA and NEPA. By creating a longitudinal encroachment, staff was able to negotiate a very large number of crossings.

Kristina Kelchner, Assistant District Counsel, stated that the current agreement refines the list of trails where public investment provides the District the most benefit and clarifies which locations make sense, provides a more detailed process and timely implementation. Two of the projects Union Pacific Railroad (UPR) have already conceptually approved. Sean Dougan, Trails Development Program Manager, stated that UPR needs to have a construction maintenance agreement and District MOU for Public Shoreline Access. Dougan’s overview of the shoreline trails walked through future projects and those that have been conveyed. Future projects consisted of: Pinole Shores to the Bayfront Park segment in Pinole which is 90% complete, Nejedly Staging Area to Berrelesa Street in Martinez which has been conceptually approved. Director Sutter asked, and Kelchner defined conceptual approval that UPR will accept. Director Lane asked how long the project will take to complete and does this need to have a fence. Jim Townsend, EBRPD retiree, gave history on this easement which was an exchange of rights with the railroad on a secondary agreement made in 2000, adding it does need a fence. Lone Tree Point is an aerial easement 100 ft. from bluff to bluff. Brickyard/TXI property was traded for White’s resort. GM Doyle explained the history of White’s Resort which was a very popular fishing pier that no longer exists, and is owned by state lands. Sutter asked if there are possible campsites. Jim O’Connor, AGM Operations responded that in the camping program update, the area that was considered would be the upland area. Sutter asked about the alternate crossing. GM Doyle said this is far superior as a major use area for the park system. Seaview School site trail is a longitudinal easement. Kelchner added that the District has about 10 homes on the District watch list at this easement. The last one to be implemented is the Wildcat Creek Trail overcrossing. Dougan highlighted the locations released from the MOU which include Railroad Ave. and Tennent St. in Pinole, HPI/Pacific Refinery in Hercules, Breuner Marsh and Wilson Point which is a very small piece of shoreline that will be underwater in about 60 years. Building a bridge to this location is difficult. Burgis commented on the hazard area at this site, Valona is a longitudinal crossing in Crockett. Lane wondered if the District should consider being more active in looking for funds to ensure it is a decent trail. Eckley Pier was redundant so it was released.

Kelchner added that UPR will contribute over $3.8 million to the 6 projects that are going forward. Lane asked if there are any thoughts on Ozol. Doyle replied it is not included. Wieskamp commended staff on 10 Unapproved Minutes Board Meeting of May 3, 2016 their negotiation skills. Director Burgis asked about Lone Tree Point and the timeline. Dougan said the District is currently working on a SF Bay Trail connection. Sutter asked if the District is negotiating with the other railroad. Dougan said the District is not currently engaged with BSNF. Waespi asked if there is an estimated total cost for the 6 projects. Dougan said staff are close and will bring it to the Trails Workshop in a few weeks. GM Doyle stated that these negotiations shows the tenacity of the Park District to use great legal minds to see the project to fruition.

3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION

By motion of Director Burgis, and seconded by Director Wieskamp, the Board voted unanimously to approve item 3a.

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

Director Dotson recused himself from the discussion of item 3a due to the proximity to his home address.

a. Authorization to Award a Contract to San Rafael Rock Quarry, Inc. for the Breuner Marsh Restoration and Public Access Project Phase 3 (2016); Amend Professional Services Contracts with Ghirardelli Associates and Questa Engineering Corporation; Pay City of Richmond Fees; and Transfer and Appropriate Funds Including Use of Measure WW Reserves: Point Pinole Regional Shoreline Resolution No. 2016 – 05 – 114 (attached)

Bob Nisbet, AGM ASD stated that there are 7 recommendations with a total project cost of $14.2 million. This bridges the $1.9 million gap of several sources moving a series of Measure CC funds from stalled projects. This is a total project cost and good for the next 10 years with a substantial contingency. Nisbet continued with critical reasons for moving forward on this project. This is an award winning salt marsh restoration project, it has been 7+ years in the making and close to the finish line, it is a critical gap of the Bay Trail, there is a tight construction window, and the District only received 3 bids on this project with the second low bid being one million dollars higher.

Director Lane appreciated the 5 critical reasons even though is wasn’t discussed at the Board Executive Committee. She didn’t think that there had been this much detail presented, and because of the important complexity it should have been seen by the Executive Committee before it came to the Board. Lane expressed concerns about proceeding.

Chris Barton, continued with the presentation, and provided background, touching on details and the importance of keeping the schedule. Barton highlighted the project location and the project area, the project description, site plan, project status from 2013 to 2016, Phase 3 and moving forward into 2017 – 2025. Director Siden asked about the zoning for the Carr property, Barton replied it is light industrial. The project can’t begin until September 1, with the rainy season which technically begins in October 1, and it must be done by February 1. Barton responded to Director Lane that the lead time to produce the structure is what is pushing the schedule. Director Sutter asked where the additional funds will come from. Nisbet answered it will come from the Bay Trail. Director Waespi asked if an engineer was included in the project. Barton replied that outside consultants were added. Lane asked if our road and bridge are paid for. Sutter commented that the use of contingency funds should be reserved for important projects and would be a legitimate use of the contingency.

11 Unapproved Minutes Board Meeting of May 3, 2016 4. BOARD AND STAFF REPORTS

a. Actions Taken by Other Jurisdictions Affecting the Park District

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

5. GENERAL MANAGER’S COMMENTS

GM Doyle commented that the debriefing from Washington, DC visits will be forthcoming.

Juliana Schirmer, Development Director, delivered a PowerPoint presentation entitled Goals & Key Partnerships 2016. Schirmer touched on several key points including enlarging the membership base and expanding strategic partnerships. 2016 key partners include Kaiser Permanente, Tesoro, Chevron, Western State Petroleum Association (WSPA), Phillips 66, and PG&E. In kind partners include Children’s Hospital, YMCA, Taylor Foundation and Legacy Giving Partners.

6. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Victor announced that the Board by unanimous vote, determined that there was an urgent need to add an item to the closed session and the need arose after the agenda was published.

Board added 1. Item to the closed session agenda pursuant to Government Code Section 54956.9 Subdivision (d)(2) – Conference with Legal Counsel – Anticipated Litigation (1) case.

7. BOARD COMMENTS

Director Siden reported on meetings attended. Director Siden • Attended the Crown Beach staff meeting; • Attended the Operations Recognitions Breakfast; • Attended the Operations committee field trip; • Attended the Oakland LWV Luncheon; • Attended the Alameda County Historical Society; • Attended the San Leandro Historical Society; • Thanked staff for the Bob Walker photographs; • Will attend the ACSDA meeting.

Director Lane reported on meetings attended. Director Lane • Attended meetings and met with representatives in Washington, DC; • Attended Operations Recognition Breakfast; • Visited the Botanic Garden; • Walked the Serpentine Prairie; • Attended the Natural and Cultural Resources meeting; • Attended the John Muir Land Trust Event; • Thanked staff for the Bob Walker Photographs.

Director Sutter reported on meetings attended. Director Sutter • Attended the Operations Committee meeting; • Attended the Natural and Cultural Resources meeting; • Attended the SF Bay Restoration Authority meeting; • Attended the Oakland LWV luncheon Sutter stated that his “comment in the April 19, 2016 minutes that the publicity about opening the McCosker Ranch to the public was not intended12 as criticism of the staff, Unapproved Minutes Board Meeting of May 3, 2016 but rather as a reminder to the Board that the “check list” process needs to be reviewed by the Board, that the process does not provide for a hearing, so that some members of the pubic feel left out, and that the Board should know for what kind of projects it is being used. He also stated that LUPs and similar planning documents should deal with the issue of dog use.”

Director Waespi reported on meetings attended. Director Waespi • Attended the Operations Recognition event; • Attended the Earth Day Clean up event at Cull Canyon; • Attended meetings and met with representatives in Washington, DC; • Thanked Erich and the advocates for the Park District.

Director Burgis reported on meetings attended. Director Burgis • Attended and met with representatives in Washington, DC; • Attended the Outdoor Industry Reception.

Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the State of the city of Dublin; • Visited the Wiedemann Property; • Attended the Operations committee meeting and toured the stables; • Toured Sunol with Gordon Wiley, Sunol Park Supervisor; • Attended the Oakland LWV Luncheon; • Attended the John Muir Land Trust event; • Attended the PAC meeting; • Requested Chief Anderson to give his presentation to the Board; • Attended the Natural and Cultural Resources meeting; • Looking forward with optimism to the opening of Vargas.

Director Dotson reported on meetings attended. Director Dotson • Walked the wetland parks.

D. ADJOURNMENT

The meeting was adjourned at 5:18 pm by Board President Doug Siden.

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

13 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

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

RECOMMENDATION

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

APN/ADDRESS PROPERTY OWNER PARK/TRAIL Contra Costa County 015-180-009; 015-180-011; East Bay Regional Park Delta Access Regional and 015-100-009 District/Mussi Ag Recreation Area Werner Dredger Cut and Orwood Road, 4571 Orwood Road, Brentwood 234-290-004-6 East Bay Regional Park Lafayette/Moraga Regional Olympic Boulevard and District/City of Lafayette Trail Reliez Station Road, Lafayette 232-160-010-4 and East Bay Regional Park Briones to Mt. Diablo 232-170-011-0 District/City of Lafayette Regional Trail Briones to Mt. Diablo Trail and Lafayette School Staging Area and Springhill District School, Pleasant Hill Road, Lafayette Alameda County 941-2763-021-01 Hacienda Portfolio Venture, District-wide facility 5667 Gibraltar Drive LLC. Pleasanton

14 REVENUE/COST

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

BACKGROUND

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

ALTERNATIVES

No alternatives are recommended.

15 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 05 -

May 17, 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 May 17, 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:

16 Alameda County 941-2763-021-01 Hacienda Portfolio Venture, District-wide facility 5667 Gibraltar Drive LLC. Pleasanton

Moved by Director , and seconded by Director and adopted this 17h day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

17 AUTHORIZATION TO NEGOTIATE Acquisition, Stewardship & Development Division Date: May 17, 2016

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Park/Trail: Delta Access Regional Recreation Area Park/Trail: District-wide facility 1 Owner: EBRPD / Mussi Ag 4 Owner: Hacienda Portfolio Venture, LLC APN: 015-180-009 and -011; 015-100-009 APN: 941-2763-021-01 Location: Werner Dredger Cut & Orwood Road Location: 5667 Gibraltar Drive, Pleasanton, CA 4571 Orwood Road, Brentwood, CA

Park/Trail: Lafayette / Moraga Regional Trail 2 Owner: EBRPD / City of Lafayette APN: 234-290-004-6 Location: Olympic Boulevard and Reliez Station Road, Lafayette, CA

3 Park/Trail: Briones to Mt. Diablo Regional Trail Owner: EBRPD / City of Lafayette and Lafayette School District APN: 232-160-010-4; 232-170-011-0 Location: Briones to Mt. Diablo Trail Staging Area & Springhill School Pleasant Hill Road, Lafayette, CA

O:\GIS\Land\Projects\A2N\A2N-May17-2016.mxd 18

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19 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

d. Authorization to Execute a Consulting Services Contract with Knapp Architects for Cultural Resource and Architectural Consulting Services: Black Diamond Mines Regional Preserve (Tong/Nisbet)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize a consulting services contract with Knapp Architects of San Francisco, California in the amount of $126,261 for cultural resource and architectural consulting services at Black Diamond Mines Regional Preserve.

REVENUE/COST

Funding for the consulting services contract is available from the source of funds indicated below:

SOURCE OF FUNDS Complete LUPA/CEQA–Black Diamond Mines – Project #515800 $90,000 General Fund–Current Planning Dept. - Other Services (101-7322-000-6191) $26,261 Arata/Moller Ranch Historic Building Assessment – Funds set aside in Project #234400 $10,000

Total Cost $126,261

BACKGROUND

Black Diamond Mines Regional Preserve is one of the most unique and important interpretive parks in the regional park system. The East Bay Regional Park District (District) began acquiring land for the Preserve in 1973 and opened the park to the public in 1976. The District first adopted a Land Use Development Plan/Environmental Impact Report for the Preserve in 1977 covering 3,473 acres. In 2000, the District prepared a Land Use Plan Amendment to integrate a 772-acre acquisition into the existing park and a year later approved a Land Use Plan Amendment Checklist to open to the public an additional 440 acres. District staff is currently

20 preparing a Land Use Plan Amendment for the Preserve to plan and eventually open additional parkland to the public. The current LUPA comprises 4,930 acres of land now closed to the public, including a 4,195-acre landbank area acquired in several transactions since 1998 that adjoins the Preserve to the south, as well as a roughly six-mile section of the proposed Black Diamond Mines to Round Valley Regional Trail through the future Deer Valley Regional Park, as shown in Figure 1. Another critical acquisition included in the current LUPA is the 192-acre Arata/Moller Ranch property, expected to be transferred later this year from the Antioch Unified School District to the District, because it completes the northern entrance to the Preserve, serves as a visual landmark, and provides opportunities for staff and public facilities. The property contains 27 buildings, several of which date to the beginning of the last century, when the Arata family operated a dairy.

In order to proceed with recommendations in the LUPA, including the disposition of buildings within the Arata/Moller complex, Planning staff prepared a Request for Proposals for cultural and architectural consulting services. The consultant’s scope of work includes the following components:

 Cultural resource survey of the project area to complete Section 106 of the National Historic Preservation Act in anticipation of an Army Corps of Engineers permit  Historic resource study of the Sidney Flat and Arata/Moller Ranch building complexes to determine structures’ eligibility for the California or National Register of Historic(al) Place  Structure conditions assessment and reuse feasibility study of buildings within the Arata/Moller Ranch complex  Cultural resource survey of the proposed six-mile Black Diamond Mines to Round Valley Regional Trail to complete Section 106 of the National Historic Preservation Act in anticipation of an Army Corps of Engineers permit

The District received eight consultant proposals. Five firms were interviewed by a three- person selection committee comprising staff from the Acquisition, Stewardship and Development Division. The presentations/interviews took place on April 22 and April 25, 2016, and Knapp Architects was determined to be the highest ranked firm.

ALTERNATIVES

No alternatives are recommended.

21 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 05 –

May 17, 2016

AUTHORIZATION TO EXECUTE A CONSULTING SERVICES CONTRACT WITH KNAPP ARCHITECTS FOR CULTURAL RESOURCE AND ARCHITECTURAL CONSULTING SERVICES: BLACK DIAMOND MINES REGIONAL PRESERVE

WHEREAS, the East Bay Regional Park District is preparing a Land Use Plan Amendment for Black Diamond Mines Regional Preserve that includes incorporating and opening to the public 4,930 acres now in landbank; and

WHEREAS, to proceed with preparing the Land Use Plan Amendment, District Planning staff requires expertise in cultural resources and architectural consulting services; and

WHEREAS, the District advertised a Request for Proposals for cultural resource and architectural consulting services in connection with the Land Use Plan Amendment and eight (8) firms submitted proposals; and

WHEREAS, after evaluating all of the proposals submitted, the District interviewed five (5) firms, and determined Knapp Architects of San Francisco, California to be the highest ranked firm, and has successfully negotiated contract terms and conditions including a fee of $126,261; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a contract for consulting services with Knapp Architects of San Francisco, CA in the amount of $126,261 from the following sources: Project #515800, the General Fund-Current Planning Department’s Other Services budget (101-7322- 000-6191), and Project #234400; 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 approved this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT

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25 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

e. Authorization to Enter into a Mitigation Agreement and Convey Real Property to Alameda County Flood Control and Water Conservation District – P-Line West of Paseo Padre Parkway (APNs 543-439-3-8 (Por.); 543-439-31 (Por.); 543-439-32-2 (Por.)): Coyote Hills Regional Park (Musbach/Victor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize entry into a mitigation agreement and conveyance of approximately 17± acres to Alameda County Flood Control and Water Conservation District (ACFCD). The real property conveyance will allow ACFCD to widen the P-line west of Paseo-Padre to a 100 year storm event flood capacity. The mitigation agreement will permit ACFCD to construct an approximately 47 acre wetland mitigation project as part of the project. The conveyance and the mitigation agreement are provided for in a settlement agreement approved by Board Resolution No. 2014-07-192.

REVENUE/COST

There are no direct costs associated with this item other than staff time which is to be funded by the Land Acquisition Department 2016 general fund budget.

BACKGROUND

The flood control channel known as the “P-line” was constructed by Kaiser Development Company in the mid-1980s as part of a development plan approved by the City of Fremont. Portions of the P-line were constructed on City of Fremont and Park District properties. The portion of the P-line that is the subject of this conveyance runs through the property that was part of the Patterson Ranch west of Paseo Padre Boulevard. The Patterson property was donated to the Park District in 2014.

In or around 2011, ACFCD, the City of Fremont, the County of Alameda, the Patterson ownership and the Park District were sued by Hampton Place Homeowner’s Association (HOA) subdivision. The HOA’s lawsuit alleged that lack of maintenance of the P-line

26 contributed to property and related damages within the HOA subdivision. As part of a global settlement of the litigation, ACFCD agreed to take title to all segments of the P-line from the City of Fremont, the Park District and the Patterson ownership. ACFCD agreed to improve, restore and widen the functionality of the P-line. The Park District agreed to provide additional acreage along the P-line on the Patterson donation property to allow widening of the channel to accommodate a 100 year storm event. In addition, as part of regulatory mitigation requirements, ACFCD will construct a 47± wetland mitigation project on a portion of the donated Patterson Property. Part of the wetland mitigation project includes roads/levees that will provide public trail access to the area once the project is complete.

At the April 19, 2016 Board meeting, the Board approved the conveyance of the section of the P-line between Ardenwood Boulevard and Paseo Padre Parkway. The current action will complete the land transfers contemplated by the settlement agreement and will protect the Park District from future liabilities related to the P-line and any associated flooding.

ALTERNATIVES

This conveyance implements the terms of the parties’ settlement agreement. No alternative is recommended.

27 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 05 -

May 17, 2016

AUTHORIZATION TO ENTER INTO A MITIGATION AGREEMENT AND CONVEY REAL PROPERTY TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT – P-LINE WEST OF PASEO PADRE PARKWAY (APNS 543-439-3-8 (POR.); 543- 439-31 (POR.); 543-439-32-2 (POR.)): COYOTE HILLS REGIONAL PARK

WHEREAS, the flood control channel known as the “P-line” was constructed by Kaiser Development Company in the mid-1980s as part of a development plan approved by the City of Fremont. Portions of the P-line were constructed on City of Fremont, Park District and Patterson Ranch properties; and

WHEREAS, the subject Patterson property was donated to the Park District in 2014; and

WHEREAS, In 2011, the Hampton Place Homeowner’s Association (HOA) filed a lawsuit against the Park District, the City of Fremont, Alameda County Flood Control and Water Conservation and District (ACFCD) and the Patterson property ownership asserting that flooding due to the lack of maintenance of the P-line contributed to property and related damages within the HOA subdivision; and

WHEREAS, by Resolution No. 2014-07-192, adopted July 1, 2014, the Park District Board of Directors approved entry into a global settlement agreement whereby ACFCD agreed to take title to all of the P-line parcels and to widen, restore and improve the functionality of the P-line; and

WHEREAS, as part of the settlement, the Park District agreed to provide additional acreage along the P-line on the Patterson donation property to allow widening of the channel to accommodate a 100 year storm event; and

WHEREAS, as part of regulatory mitigation requirements, ACFCD will construct a 47± acre wetland mitigation project on a portion of the donated Patterson Property that will also create public trail access.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to execute a mitigation agreement with ACFCD to construct and 47± acre wetland mitigation project as part of its P- line improvement project;

BE IT FURTHER RESOLVED, that the General Manager is hereby authorized to execute grant deeds for approximately 17± acre of the property as shown on the attached map to Alameda County Flood Control and Water Conservation District for purposes of widening

28 theP-line to accommodate a 100 year storm event;

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 17th day of May 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

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31 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

f. Authorization to Purchase One Type III Fire Apparatus from HME, Inc. to Replace 1997 Type III Fire Apparatus (McCrystle/O’Connor)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the purchase of one type III fire apparatus from HME, Inc. of Wyoming, Michigan at a total cost of $345,971.

REVENUE/COST

For the purpose of purchasing replacement fleet equipment, funds have been allocated in the District’s 2016 Budget, Major Equipment Replacement Fund, Fire Department 554-8310-000- 7505 (Rolling Stock >$25,000) and General Fund Account, Fire Department 101-8310-000-7505 (Rolling Stock >$25,000).

PROPOSED ENCUMBRANCE, Account 554-8310-000-7505: Base Price $ 294,931 Sales Tax 25,069 Sub-total $ 320,000

PROPOSED ENCUMBRANCE, Account 101-8310-000-7505: Base Price Balance $ 15,069 Shipping 6,000 Net 30 Payment Terms Fee 2,857 CA Tire Fee (non-taxed) 11 Sales Tax 2,034 Sub-total $ 25,971

TOTAL ENCUMBRANCE $ 345,971

32 BACKGROUND

The new fire apparatus, a type III HME International Cal Fire model 34D-750, will replace current District Fire Department type III fire apparatus #2766, which is being retired due to age and declining condition.

#2766 1997 International Type III

The new type III fire apparatus is available for purchase directly from HME, Inc. through pricing established by the State of California, General Services Procurement Division, contract #1-13- 23-21B. The pricing is the result of a competitive bid process and open to all state and local governmental entities as well as educational institutions. Public agencies electing to use this method of equipment acquisition avoid the administrative costs of seeking formal bids.

ALTERNATIVES

For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended.

2 33

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 05 -

May 17, 2016

AUTHORIZATION TO PURCHASE ONE TYPE III FIRE APPARATUS FROM HME, INC. TO REPLACE 1997 TYPE III FIRE APPARATUS

WHEREAS, the District has included funding in its 2016 Budget for the purchase of new fleet equipment; and

WHEREAS, HME, Inc. of Wyoming, Michigan is a recognized vendor offering suitable equipment based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract #1-13-23-21B;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of one type III fire apparatus at a total cost of $345,971, with said sum to be encumbered from the 2016 Budget, $320,000 from Account 554-8310-000-7505 (Rolling Stock >$25,000) and $25,971 from Account 101-8310-000-7505 (Rolling Stock >$25,000); and

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

Page Left Blank Intentionally

35 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

g. Approval of Finance and Management Services Division Reorganization: Merging Assistant General Manager for Finance and Management Services and Chief Financial Officer/Controller Positions - Approval of Classification and Job Duties; Authorizing One (1) FTE for Assistant Finance Officer, One (1) FTE for Confidential Secretary and Reclassifying the Information Services Manager; and Adjusting Salary Ranges: Finance and Management Services Division (Auker/Alvarez/Doyle)

RECOMMENDATION

The General Manager and the Board Executive Committee (by unanimous vote) recommends that the Board of Directors authorize the following classification and position changes in the Finance and Management Services Division effective May 30, 2016:

1. Establish the classification/job duties of Assistant General Manager for Finance and Management Services/Chief Financial Officer, a management classification, with a monthly salary range of $13,130.00 – $16,759.60, and add 1.0 FTE. 2. Delete the following authorized FTE positions: 1.0 FTE Assistant General Manager for Finance and Management Services and 1.0 FTE Chief Financial Officer/Controller. 3. Authorize modification to classification/job duties for Assistant Finance Officer, a management position, with a monthly salary range of $9,930.26 - $12,668.93, and add 1.0 FTE. 4. Establish the classification of Chief Information Officer, a management classification, with a monthly salary range of $9,930.26 - $12,668.93, and add 1.0 FTE. 5. Delete the authorized FTE position: 1.0 FTE Information Services Manager. 6. Authorize 1.0 FTE Confidential Secretary for the Finance and Management Services Division.

REVENUE/COST

The new positions will be funded from the current General Fund-Finance and Management Services budgets. No additional appropriation to the 2016 Budget is required for this action, due to utilizing the salary savings from vacancies and merging the two AGM positions.

36 BACKGROUND

The District has been engaged in the in the process of reviewing the District-wide organizational structure and succession planning. As a result, several Divisions have undergone restructuring and merging of positions and departments. The Finance and Management Services Division (FMS) has been evolving in order to continue to provide strategic long-term and operational financial management throughout the District. Due to the retirement of the former Assistant General Manager of Finance and Management Services and the appointment of the new Deputy General Manager it is timely to review the overall structure of the FMS Division. The Board Operating Guidelines state that the Board, as a whole, and the Board Executive Committee have certain responsibilities to review District-wide financial controls and the duties of the Chief Financial Officer/Controller position.

The goals of this reorganization proposal include: 1) improving overall efficiency in the Division and District, 2) reducing duplication of functions, 3) creating reasonable spans of control throughout the Division, and 4) furthering the District vision and mission to pursue all appropriate activities to ensure the fiscal health of the District. The proposal merges the two Assistant General Manager positions in the Division by combining the Chief Financial Officer and Assistant General Manager of Finance & Management Services positions and adding an additional Assistant Finance Officer position (for a total of three). The Assistant Finance Officer position job duties significantly increase and therefore an increase in compensation is recommended to acknowledge the additional responsibilities. The Information Services Manager position has also been reviewed and is recommended to be reclassified to the position of Chief Information Officer. The proposed Division-wide organizational chart is provided below.

37 Proposed Reorganization The proposed FMS reorganization recommends eliminating one of the two top management positions by merging the Chief Financial Officer/Controller and Assistant General Manager of Finance & Management Services positions, and adding an additional chief level-Assistant Finance Officer position. The newly merged position will be titled Assistant General Manager of Finance and Management Services/Chief Financial Officer (new CFO). The Executive Committee reviewed and approved the job duties of this position at the May 6, 2016 meeting.

The proposed reorganization recommends that certain reporting structures be adjusted within the division as noted below. The proposed changes effect management/confidential position only. There are no proposed changes to represented positions. a) The new CFO position will have four chief level positions, one manager, one analyst and administrative staff as direct reports. The pay rate for this position will remain at the level of the Assistant General Manager of Finance & Management Services position (MGO 8). b) The chief level positions: three (3) Assistant Finance Officers (AFO) and the Information Services Manager (recommended to be retitled to Chief Information Officer) will all have additional areas of responsibility assigned. This requires all job descriptions to be updated and an increase to the next level of management pay is recommended (from MGO 4 to MGO 5) to acknowledge the additional level of responsibility and additional duties. Also to match the districts internal relationships. c) The positions of Grants Manager, Facilities Manager, Accounting Manager and Budget Manager will report to one of the three AFO positions, but no changes to their job duties are recommended at this time. d) The Audit Manager will report to the new CFO position. e) It is recommended that the Clerk of the Board position be reassigned to report to the Deputy General Manager, which is consistent with comparable organizations in the industry. f) A confidential secretary position will be added to the FMS Division. A position has historically supported the FMS Division, but has been budgeted and directed by the General Manager’s Office.

The recurring Finance assignments and responsibilities of the current CFO position will remain the duties of the Finance Department under the direction of the AFO positions with oversight and final approval by the new CFO.

Cost Analysis and Long-Range Planning Staff analyzed the cost for these proposed changes found it to be cost neutral in 2016. This proposal to reorganize the management structure will increase the base budget going forward by the additional cost of the confidential secretary and incremental cost due to merit step increases. This is the first step of our overall review process for the Division. Staff will continue to assess areas in which technology can improve capacity; however, as the District staffing, land tenue and programs grow, the number of financial transactions also grows in quantity and in complexity. There are approximately 20% more employees during our peak season than ten years ago. This increases payroll responsibilities. Also total volume and complexity of the District-wide cash disbursements have increased. Our internal control review process for all financial transaction cannot be compromised, and therefore staff does project a need for additional staff in the area of technology, budgeting, payroll and purchasing/cash disbursements in the near future. These requests will be

38 pursued at a later date through the regular budget process.

ALTERNATIVES

None are recommended.

39 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 - 05 -

May 17, 2016

APPROVAL OF FINANCE AND MANAGEMENT SERVICES DIVISION REORGANIZATION: MERGING ASSISTANT GENERAL MANAGER FOR FINANCE AND MANAGEMENT SERVICES AND CHIEF FINANCIAL OFFICER/CONTROLLER POSITIONS-APPROVAL OF CLASSIFICATION AND JOB DUTIES; AUTHORIZING ONE (1) FTE FOR ASSISTANT FINANCE OFFICER, ONE (1) FTE FOR CONFIDENTIAL SECRETARY AND RECLASSIFYING THE INFORMATION SERVICES MANAGER; AND ADJUSTING SALARY RANGES: FINANCE AND MANAGEMENT SERVICES DIVISION

WHEREAS, the District has been engaged in the in the process of reviewing the District- wide organizational structure and succession planning, and

WHEREAS, the Finance and Management Services Division has been evolving in order to continue to provide strategic long-term and operational financial management throughout the District; and

WHEREAS, due to the retirement of the former Assistant General Manager of Finance and Management Services and the appointment to the newly created position of Deputy General Manager it is timely to review the overall structure of the Finance and Management Services Division; and WHEREAS, a review of the Finance and Management Services Division finds that a reorganization of the top management positions is recommended; and

WHEREAS, the Board Operating Guidelines state that the Board of Directors, as a whole, and the Board Executive Committee have certain responsibilities to review District-wide financial controls and the duties of the Chief Financial Officer/Controller and Clerk of the Board positions; and WHEREAS, the Board of Directors is responsible for establishing the title, representation and compensation of each job classification at the District; and

WHEREAS, the objectives for this reorganization include 1) improving overall efficiency in the Division and District, 2) reducing duplication of functions, 3) creating reasonable spans of control throughout the Division, and 4) furthering the District vision and mission to pursue all appropriate activities to ensure the fiscal health of the District; and

WHEREAS, there is a desire to eliminating one of the two top management positions by merging the Chief Financial Officer/Controller and Assistant General Manager of Finance & Management Services positions, and adding an additional chief level-Assistant Finance Officer position; and

WHEREAS, in order to provide a reasonable span of control in Finance and Management services the Clerk of the Board will report directly to the Deputy General Manager; and

WHEREAS, all changes have been approved by the General Manager and the Board Executive Committee unanimously approved this reorganization proposal and the changes to the Chief Financial Officer/Controller duties at the May 6, 2016 meeting; and

WHEREAS, these changes will be funded from existing General Fund budgets and do not require additional appropriations in 2016;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the following effective May 30, 2016:

1. Establish the classification/job duties of Assistant General Manager for Finance and Management Services/Chief Financial Officer, a management classification, with a monthly salary range of $13,130.00 – $16,759.60, and add 1.0 FTE. 2. Delete the following authorized FTE positions: 1.0 FTE Assistant General Manager for Finance and Management Services and 1.0 FTE Chief Financial Officer/Controller following appointment to the Assistant General Manager for Finance and Management Services/Chief Financial Officer position. 3. Authorize the change in classification/job duties for the position of Assistant Finance Officer, a management position, with a monthly salary range of $9,930.26 - $12,668.93, and add 1.0 FTE. 4. Establish the classification of Chief Information Officer, a management classification, with a monthly salary range of $9,930.26 - $12,668.93, and add 1.0 FTE. 5. Delete the authorized FTE position: 1.0 FTE Information Services Manager following the appointment to the Chief Information Officer position. 6. Authorize 1.0 FTE Confidential Secretary for the Finance and Management Services Division; 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 and appropriate to accomplish the intentions of this resolution.

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

41 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

h. Approval of Resolution Ordering and Giving Notice of an Election to be Held in the East Bay Regional Park District for the Purpose of Electing Three Directors and Requesting the Board of Supervisors of Alameda and Contra Costa Counties to Consolidate the District Election with the Statewide General Election Being Held November 8, 2016 (Barial Knight/Victor)

RECOMMENDATIONS

1. The General Manager recommends that the Board of Directors adopt the attached resolution calling for a District election in Wards 1, 2, and 4 and request the Board of Supervisors of Alameda and Contra Costa Counties to consolidate the District election with the Statewide General Election to be held Tuesday, November 8, 2016;

2. That the following conditions shall apply:

a. Nomination papers for prospective candidates are to be available at the Registrar of Voters of Alameda County and the Elections Office of Contra Costa County at no cost commencing Monday, July 18, 2016, which is also the first day for collecting signatures and filing.

b. Completed nomination papers signed by at least fifty (50) registered voters living within a ward shall be filed with either the Registrar of Voters of Alameda County or the Elections Office of Contra Costa County, depending on the Candidate’s County of Domicile, no later than 5:00 p.m., Friday, August 12, 2016 (or by 5:00 p.m. on Wednesday, August 17, 2016 if the incumbent fails to file by the August 12 deadline). Certification of signatures is to be handled by the Registrar of Voters of Alameda County and/or the Elections Officer of Contra Costa County.

c. The Candidates’ Statement of Qualifications of no more than 200 words shall be filed with nomination papers. Each candidate shall pay for costs incurred, including printing and handling of candidate statements, in the amount of $1,000. This one-time payment will be required at the time nomination papers are filed.

42 d. For Wards encompassing both Alameda and Contra Costa Counties, it is the Candidate’s responsibility to bring a copy of their Statement of Qualifications and proof of payment to the shared county’s elections office.

e. Notice of District election to be published in newspapers of general circulation.

f. Ward boundaries are as adopted by the Board of Directors on January 10, 2012, Resolution No. 2012-01-013.

REVENUE/COST

Funding to cover the District’s share of the counties’ election-related expenses is available in the General Fund: Committed Fund Balance – Election Costs, Account 2842. Actual election expenses (less the Candidate’s payment of $1,000) billed to the District by the counties vary depending on the number of measures and candidates submitted for the ballot; therefore the exact amount due will not be known for several weeks following the election. The names of currently serving Board members or candidates who file nomination papers but who are unopposed will not be required to appear on the ballot, and the District will not be charged for the election in that ward. Staff will seek Board authorization to appropriate the necessary funds to pay for election expenses once a statement is received from the county elections officials.

BACKGROUND

The terms of three Directors expire at the end of this year: Whitney Dotson (Ward 1), John Sutter (Ward 2), and Doug Siden (Ward 4). Ward I is within Alameda and Contra Costa County, Ward 2 is within Alameda and Contra Costa County and Ward 4 is entirely within Alameda County.

This Resolution is necessary to call the election, consolidate it with the general statewide election and obtain the services of the respective County Elections offices in holding the election. It is also mandatory that the process of certification of signatures be turned over to the counties for handling; this avoids any possible conflict between the Park District and the candidate on the validity of the signatures.

To comply with the Elections Code, it is proposed that a Notice of the District’s Election be published in newspapers of general circulation.

ALTERNATIVES

No alternatives are recommended.

43 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 05 -

May 17, 2016

APPROVAL OF RESOLUTION ORDERING AND GIVING NOTICE OF AN ELECTION TO BE HELD IN THE EAST BAY REGIONAL PARK DISTRICT FOR THE PURPOSE OF ELECTING THREE DIRECTORS AND REQUESTING THE BOARDS OF SUPERVISORS OF ALAMEDA AND CONTRA COSTA COUNTIES TO CONSOLIDATE THE DISTRICT ELECTION WITH THE STATEWIDE GENERAL ELECTION BEING HELD NOVEMBER 8, 2016

WHEREAS, the California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and

WHEREAS, other elections may be held in whole or in part of the territory of the East Bay Regional Park District and it is to the advantage of the Park District to consolidate pursuant to Elections Code Section 10400; and

WHEREAS, Elections Code Section 10520 requires each District involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and

WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the District Board must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and

WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district;

NOW, THEREFORE, IT IS ORDERED by the Board of Directors of the East Bay Regional Park District that an election be held within the territory included in this District on the 8th day of November, 2016, for the purpose of electing members to the Board of Directors of the East Bay Regional Park District in accordance with the following specifications:

1. A general election is hereby ordered and called to be held in the East Bay Regional Park District, State of California, and shall be consolidated with the Statewide General Election on Tuesday, November 8, 2016, for the purpose of electing three directors.

2. The Board of Supervisors of Alameda and Contra Costa Counties are hereby respectfully requested to conduct such an election on behalf of the District.

44 3. The election is to be held in the District and all matters pertaining thereto shall be conducted in accordance with the general election laws of the State of California, as may be applicable to the District.

4. The three Directors shall be residents and electors of the Wards from which they are nominated, and the ballot shall contain the names of the persons nominated in each Ward, showing separately the nominees for which a Director is to be elected, as follows:

One from Ward 1, which comprises the election precincts of Albany, Berkeley, Emeryville, El Cerrito, El Sobrante, Kensington, a majority of Pinole, Richmond and San Pablo. This ward is within Alameda and Contra Costa County.

One from Ward 2, which comprises the election precincts of most of Oakland, Piedmont, Canyon, Lafayette, Moraga, Orinda, Rossmoor and a portion of Walnut Creek. This ward is within Alameda and Contra Costa County.

One from Ward 4, which comprises the election precincts of Alameda, Ashland a small portion of Hayward, a portion of Oakland, San Leandro and San Lorenzo and a portion of Cherryland. This ward is entirely within Alameda County.

5. The District will reimburse separately Alameda and Contra Costa Counties for the actual costs (less the $1,000 Candidate payment) incurred by each county’s elections officials in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections officials.

6. The Nomination Period for circulation of nomination petitions shall be from Monday, July 18, 2016 (first day for pickup and circulation of nomination petitions) until 5:00 p.m., Friday, August 12, 2016 (last day for filing nomination petitions).

Extended Nomination Period - If an incumbent fails to file by the August 12 deadline, any qualified person, other than the incumbent, will have until 5:00 p.m. on Wednesday, August 17, 2016, to file Nomination Papers.

7. The nomination petitions shall be signed by at least fifty (50) electors residing within said Ward and shall be filed with the Registrar of Voters of Alameda County or the Elections Officer of Contra Costa County.

8. Each Candidate shall pay the elections officer of their County of Domicile for costs incurred, including printing and handling of candidate statements, in the amount of $1,000.h T is one-time payment will be required from the Candidate at the time nomination papers are filed.

9. Each Candidate running in a shared Ward shall provide a copy of their Statement of Qualifications and proof of payment to the shared county’s elections officer.

45 10. If a candidate elects to file a Statement of Qualifications for distribution in the sample ballot to the voters in a ward for the office of Director of the East Bay Regional Park District, the following rules shall apply:

a. Such Candidate’s Statement of Qualifications shall be limited to no more than 200 words.

b. No Candidate shall be permitted to prepare other materials to be sent to the voters in the Ward in addition to the sample ballot and voter’s pamphlet, and the Elections Departments are not authorized to receive any such materials for mailing with the sample ballot.

11. The form of the ballot for the East Bay Regional Park District election shall be as follows:

EAST BAY REGIONAL PARK DISTRICT

DIRECTOR, WARD 1 VOTE FOR ONE

DIRECTOR, WARD 2 VOTE FOR ONE

DIRECTOR, WARD 4 VOTE FOR ONE

12. The Board of Supervisors of Alameda and Contra Costa Counties are hereby authorized and requested to canvass the returns of said East Bay Regional Park District election with respect to votes cast within said counties for this election and to certify the results of said election to the Board of Directors of the East Bay Regional Park District when such results are available.

13. The East Bay Regional Park District election shall be held in all respects as one election and only one ticket or ballot shall be used thereat, and the election precincts, polling places, voting booths and election officials shall be the same as for the Statewide General Election.

14. Notice of the election called by this resolution shall be given by publication of such notice in a newspaper of general circulation published in the District and such publication shall be deemed sufficient notice of said election (Election Code Section 12112).

15. Following canvass of the returns and certification of the results of the election by the Boards of Supervisors of Alameda and Contra Costa Counties, a resolution of the results of the District election shall be adopted by the District Board giving the total votes cast in each of the three Wards (Wards 1, 2, and 4) and declaring the person receiving the highest number of votes in each Ward as Director. The persons so declared elected for Wards 1, 2, and 4 shall be sworn into office with the terms of office

46 commencing the first Monday after the first day of January, 2017 (Public Resources Code Section 5533).

16. All other rules and regulations governed by the Elections Code for the conduct of this Statewide General Election on Tuesday, November 8, 2016, and the filing of nomination papers not specifically cited in this resolution shall be applicable to the District election.

17. Necessary nomination forms, campaign reporting documents, statement of qualification forms, and guidelines for filing may be obtained at no charge from the Registrar of Voters of Alameda County and/or the Elections Officer of Contra Costa County, commencing July 18, 2016, with the actual filing of the documents to be made with the Registrar of Voters of Alameda County or the Elections Officer of Contra Costa County, by 5:00 p.m., Friday, August 12, 2016 (or by the extended Nomination Period of 5:00 p.m. on Wednesday, August 17, 2016 if the incumbent fails to file by the August 12 deadline).

17. Certification of the signatures on the nomination petitions to be performed by the Registrar of Voters of Alameda County and/or the Elections Officer of Contra Costa County.

18. Funding to cover the District’s share of election-related expenses is available in the General Fund: Committed Fund Balance – Election Costs, Account 2842. Staff will return to the Board to seek the necessary appropriation authority once these expenses are billed to the District.

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016 by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

47 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

i. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic) (Zones of Benefit) (Zenoni/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Adopt a Resolution of Intention to Order Improvements;

2. Grant preliminary approval of the draft Engineer's Report for the proposed operation of the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic) (Zones of Benefit) for fiscal year 2016/2017 (7/1/2016 - 6/30/2017);

3. Establish Tuesday, the 5th day of July, 2016, at the hour of 1:00 p.m. as the time to conduct a public hearing at the District Board Room, 2950 Peralta Oaks Court, Oakland, CA, and instruct the Clerk of the Board to provide appropriate public notice of the hearing, as required by the Landscaping and Lighting Act of 1972.

REVENUE/COST

Assessment revenues totaling $4,468,454 are expected to be raised from the Two County LLD and the Zones of Benefit proceeding. These revenues are anticipated in the 2016 and 2017 District budgets and are restricted to fund regional trail maintenance and improvements as specified in the attached draft Engineer’s Report. 2016 appropriations total $4,227,250.

48 BACKGROUND

The District’s regional trail system enjoys widespread citizen appreciation and support throughout its two county jurisdiction. Various funding sources are available for the acquisition of regional trails. However, regional trail maintenance and operations are funded solely through property assessments and the General Fund.

In 1993, the Alameda County/Contra Costa County Landscaping and Lighting District (Two County LLD) was formed by the Board of Directors. It was determined that the formation of a special assessment district would provide an equitable funding source to finance the cost of the regional trails within the Two County LLD by the property owners within the Two County LLD boundaries.

The Two County LLD was formed prior to the passage of Proposition 218, and is thus considered a “grandfathered assessment”. As required by Proposition 218, 78.5% of voters in the two counties reaffirmed the continuation of the Two County LLD in 1996.

The assessment rate of $5.44 per equivalent dwelling unit was authorized and has remained unchanged over the years. Currently there are 356,763 residential, industrial and commercial assessable parcels in Alameda County and 296,424 in Contra Costa County. Additionally, there are 199,494 assessable multi-family residential parcels in Alameda County and 75,546 in Contra Costa County, which are assessed at $2.72 per unit.

Subsequent to the formation of, and within the boundaries of the Two County LLD, Zones of Benefit were developed to address specific trail maintenance priorities for certain development projects, including the following:

 Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994 and currently includes 1,089 units, which are assessed $44.19 each.

 Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996 and currently includes 582 units, which are assessed $31.98 each.

 Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in 1998 and currently includes 472 units, which are assessed $142.60 each.

 San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established in 1999 and currently includes 140 units, which are assessed $39.98 each.

 Stone Valley Zone of Benefit (ZB-5), near Las Trampas Regional Wilderness Area, was established in 2006 and currently includes 39 units, which are assessed $166.35 each.

 Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the City of Orinda, was established in 2007 and currently includes 211 units, which are assessed $98.96 each.

The General Manager recommends that the Board gives preliminary approval to the draft Engineer’s Report. By taking the proposed actions recommended in this report, the Board will be establishing the date for the legally-required public hearing which, along with final approval of the fiscal year

49 2016/17 Engineer’s Report, will make it possible for the Two County LLD and the Zones of Benefit to continue the trails and zone of benefit work programs in the 2016 and 2017 District budget years.

At the public hearing on July 5, 2016, the Board will receive public comments and thereafter determine whether the draft Engineer’s Report (work program, budget, and rate of assessment) is to be approved.

The requested Board action herein also provides instructions to the Clerk of the Board to publicize the details of the public hearing, in accordance with requirements established in the State statute.

ALTERNATIVES

None are recommended.

Attachment A: Draft 2016/17 Engineer’s Report for Alameda County – Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1)

50 East Bay Regional Park District

Alameda County – Contra Costa County Landscaping and Lighting Assessment District No. 1 (ACC-1)

Fiscal Year 2016/17 Engineer’s Report

July 2016

Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998

Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439

51 EAST BAY REGIONAL PARK DISTRICT ALAMEDA COUNTY – CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (ACC-1)

2950 Peralta Oaks Court Oakland, California 94605 Phone - (888) 327-2757

BOARD OF DIRECTORS

Whitney Dotson, Board Member

John Sutter, Board Member

Dennis Waespi, Board Member

Doug Siden, Board Member

Ayn Wieskamp, Board Member

Beverly Lane, Board Member

Diane Burgis, Board Member

DISTRICT STAFF

Robert E. Doyle, General Manager

Debra Auker, Acting Assistant General Manager

Carol Victor, Legal Counsel

Bill Zenoni, Interim Chief Financial Officer

NBS

Tim Seufert, Project Director

Nick Dayhoff, Consultant

52 TABLE OF CONTENTS

1. EXECUTIVE SUMMARY...... 1-1

2. PLANS AND SPECIFICATIONS ...... 2-1 2.1 Description of the District Boundaries ...... 2-1 2.2 Description of Areas to be Improved ...... 2-2 2.3 Description of Improvements...... 2-2 2.4 Identification of Benefit...... 2-3

3. ESTIMATE OF COSTS ...... 3-1 4. ASSESSMENT DIAGRAM...... 4-1 5. ASSESSMENTS ...... 5-1 5.1 Method of Apportionment...... 5-1 5.2 Appeals of Assessment Levy to Property...... 5-3 5.3 Assessment Roll ...... 5-4

53 1. EXECUTIVE SUMMARY

On May 3, 2016, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the Alameda County – Contra Costa County Regional Trails Landscaping and Lighting Assessment District No. 1 (the “District”).

The Resolution of Initiation directed NBS Government Finance Group, DBA NBS, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of the improvements for the District for the referenced fiscal year, a diagram for the District, showing the area and properties proposed to be assessed, and an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received.

The following assessment is made to cover the portion of the estimated cost of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received:

SUMMARY OF ASSESSMENT

Fiscal Year Fiscal Year 2016/17 2016/17 As Proposed Maximum Confirmed Zone Assessment Assessment by Board ACC-1 (General Zone) $4,301,446.08 $4,301,446.08 Five Canyons Zone of Benefit (ZB-1) 48,122.91 48,122.91 Dublin Hills Zone of Benefit (ZB-2) 18,612.36 18,612.36 Walpert Ridge Zone of Benefit (ZB-3) 67,307.20 67,307.20 San Ramon Hills Zone of Benefit (ZB-4) 5,597.20 5,597.20 Stone Valley Zone of Benefit (ZB-5) 6,487.65 6,487.65 Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) 20,880.56 20,880.56 Total $4,468,453.96 $4,468,453.96

The assessment has been levied in accordance with the assessment methodology adopted and approved by the Board at the time of District formation.

The District (as well as ZB-1 and ZB-2) was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Although this assessment is consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered assessments" and held them to a lower standard than post Proposition 218 assessments. As required by Proposition 218, the voters of Alameda and Contra Costa counties approved the continuation of the District in November of 1996 (Measure KK). This measure passed with 78.6% approval.

ACC-1 Annual Report – East Bay Regional Park District 1-1 Prepared by NBS – Fiscal Year 2016/17 54 2. PLANS AND SPECIFICATIONS 2.1 Description of the District Boundaries

The District includes all of Alameda County and all of Contra Costa County. Murray Township in eastern Alameda County and Liberty Union High School District in eastern Contra Costa County are exempt. Zones of Benefit 1, 2, and 3 lie within the District and Alameda County and Zones of Benefit 4, 5, and 6 lie within the District and Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District, are those parcels shown in the assessment roll for the District.

FIVE CANYONS ZONE OF BENEFIT (ZB-1): This zone was established in 1994 and includes the initial 960 unit residential development and 126 units added in 1996 near the Don Castro Recreation Area in Alameda County. In 2006, an annexation called Highland Estates was completed, adding 25 additional units. There are currently 1,089 assessable parcels in Zone of Benefit No.1.

DUBLIN HILLS ZONE OF BENEFIT (ZB-2): This zone was established on April 16, 1996 to serve the local trails and regional park needs of these 320 parcels in Alameda County in the City of Dublin. In 2006, an annexation called Schaefer Ranch Estates was completed, adding 302 parcels. There are currently 582 assessable parcels in Zone of Benefit No. 2.

WALPERT RIDGE ZONE OF BENEFIT (ZB-3): This zone was established in July 7, 1998 to provide for servicing of regional parkland, habitat maintenance, irrigation, trails, fencing, gates, signs, and associated appurtenant facilities for these 152 parcels, 136 of which are assessable, in the ridge land above the City of Hayward, Alameda County. In 2006, an annexation of the Stonebrae development was completed, adding 570 additional parcels. There are currently 472 assessable parcels in Zone of Benefit No. 3.

SAN RAMON HILLS (FORMERLY THOMAS RANCH) ZONE OF BENEFIT (ZB-4): This zone was established on March 2, 1999 to provide for servicing of trails, fencing, gates, signs, and associated appurtenant facilities for these 140 assessable parcels in a subdivision in the western portion of the City of San Ramon, Contra Costa County.

STONE VALLEY ZONE OF BENEFIT (ZB-5): The zone was completed in 2006 for trail and regional parkland maintenance, and other improvements for the dedicated regional parkland from the Alamo Crest development off of Stone Valley Road within Alamo. There are 39 assessable parcels in Zone of Benefit No. 5.

SIBLEY VOLCANIC REGIONAL PRESERVE ZONE OF BENEFIT (ZB-6): The formation of this zone was completed in early 2007 for funding of trail maintenance and other improvements to the dedicated regional parkland adjacent to the Montanera development off of Gateway Boulevard near the City of Orinda in Contra Costa County. There are 211 assessable parcels in Zone of Benefit No. 6.

ACC-1 Annual Report – East Bay Regional Park District 2-1 Prepared by NBS – Fiscal Year 2016/17 55 2.2 Description of Areas to be Improved

The acquisitions and improvements to be maintained, improved, and serviced by the assessments include parklands, trails, and related parkland access improvements throughout the District. The District improvements are generally as follows:

Current and to be developed, paved and unpaved trails located within the District’s parklands, and regional trails as shown on the District’s current Master Plan map, as amended by the Board of Directors through the date of this report.

Projects to be Funded with Excess District Funds

ACC-1 (General Zone) $500,000 – Vault toilets-various locations (estimated completion: 2017)

Five Canyons Zone of Benefit (ZB-1) $200,000 – Backpack camp and vault toilet (estimated completion: 2017)

Dublin Hills Zone of Benefit (ZB-2) $60,000 – Martin Canyon Trail staging area (estimated completion: 2017)

Walpert Ridge Zone of Benefit (ZB-3) $300,000 – Trail, restroom, staging area improvement, Honcharenko site (estimated completion: 2017)

San Ramon Hills Zone of Benefit (ZB-4) $5,000 – Calaveras Ridge Trial rock (estimated completion: 2017)

Stone Valley Zone of Benefit (ZB-5) $20,000 – Trail rehabilitation, culvert replacement, road grading, & goat grazing (estimated completion: 2017)

2.3 Description of Improvements

The operations, maintenance, and servicing include, but are not limited to: trail maintenance, culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving/crack repair, restroom maintenance, sign maintenance, stair tread repair, tree/shrubbery trim and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance, and service include personnel, electrical energy, utilities such as water, materials, contractual services, administrative costs, and other items as necessary. In 2015, the District made capital purchases of a Ford F450 dump truck and a John-Deere ride-on lawn mower.

ACC-1 Annual Report – East Bay Regional Park District 2-2 Prepared by NBS – Fiscal Year 2016/17 56 Specific resources for the six Zones of Benefit, including operation, maintenance, and service of trails, regional parks, and supporting facilities are included within these improvements.

The level of construction, operation, maintenance, and servicing will be consistent with the standards defined in the EBRPD Master Plan. All revenue requirements reflect the funding necessary to achieve an acceptable standard that ensures that facilities used by community residents will be appropriate in terms of aesthetics, environmental, and safety considerations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.

2.4 Identification of Benefit

This District provides for maintenance and operation, and related services and expenses, of the EBRPD trail system in Alameda and Contra Costa Counties.

By definition, all of EBRPD's trails systems are a part of a regional two-county network; therefore, benefits are received equally by all property owners in Alameda and Contra Costa Counties. Thus, all areas in the two counties are included in the District. However, because the lands which are included in the Liberty Union High School District (eastern Contra Costa County) and Murray Township (eastern Alameda County) already contribute to regional trails operations by virtue of a separate assessment district or special, separate agreement with EBRPD, these areas are included in the District, but at a zero assessment rate.

ACC-1 Annual Report – East Bay Regional Park District 2-3 Prepared by NBS – Fiscal Year 2016/17 57 3. ESTIMATE OF COSTS

The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District.

The budget for the General Zone of the District for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $3,603,479 Total Assessment FY 2016/17 4,301,446 County Collection Fees (275,378) Interest 8,000 Total Sources $7,637,547 Uses Maintenance Expenditures: Salaries and Benefits $3,891,050 Supplies 86,860 Services 133,050 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 32,000 Total Uses $4,142,960 Projected Change in Fund Balance ($108,892) Projected Ending Fund Balance, December 31, 2016 $3,494,587

The budget for the Five Canyons Zone of Benefit (ZB-1) for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $140,241 Total Assessment FY 2016/17 48,123 County Collection Fees (818) Interest 500 Total Sources $188,046 Uses Maintenance Expenditures: Salaries and Benefits $37,210 Supplies 9,101 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Total Uses $46,811 Projected Change in Fund Balance $994 Projected Ending Fund Balance, December 31, 2016 $141,235

ACC-1 Annual Report – East Bay Regional Park District 3-1 Prepared by NBS – Fiscal Year 2016/17 58 The budget for the Dublin Hills Zone of Benefit (ZB-2) for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $56,676 Total Assessment FY 2016/17 18,612 County Collection Fees (316) Interest 100 Total Sources $75,072 Uses Maintenance Expenditures: Salaries and Benefits $6,010 Supplies 2,100 Services 0 Equipment 0 Special Trails Projects 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Total Uses $8,110 Projected Change in Fund Balance $10,286 Projected Ending Fund Balance, December 31, 2016 $66,962

The budget for the Walpert Ridge Zone of Benefit (ZB-3) for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $393,361 Total Assessment FY 2016/17 67,307 County Collection Fees (1,144) Interest 1,000 Total Sources $460,524 Uses Maintenance Expenditures: Salaries and Benefits $26,070 Supplies 9,520 Services 0 Capital Outlay 27,321 Administrative Expenses: Intra-District Charges 0 Engineer Charges 500 Total Uses $63,411 Projected Change in Fund Balance $3,752 Projected Ending Fund Balance, December 31, 2016 $397,113

ACC-1 Annual Report – East Bay Regional Park District 3-2 Prepared by NBS – Fiscal Year 2016/17 59 The budget for the San Ramon Hills Zone of Benefit (ZB-4) for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $18,426 Total Assessment FY 2016/17 5,597 County Collection Fees (356) Interest 0 Total Sources $23,667 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 500 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Total Uses $500 Projected Change in Fund Balance $4,741 Projected Ending Fund Balance, December 31, 2016 $23,167

The budget for the Stone Valley Zone of Benefit (ZB-5) for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $38,161 Total Assessment FY 2016/17 6,488 County Collection Fees (280) Interest 100 Total Sources $44,469 Uses Maintenance Expenditures: Salaries and Benefits $0 Supplies 630 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Total Uses $630 Projected Change in Fund Balance $5,678 Projected Ending Fund Balance, December 31, 2016 $43,839

ACC-1 Annual Report – East Bay Regional Park District 3-3 Prepared by NBS – Fiscal Year 2016/17 60 The budget for the Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $12,040 Total Assessment FY 2016/17 20,881 County Collection Fees (410) Interest 0 Total Sources $32,511 Uses Maintenance Expenditures: Salaries and Benefits 0 Supplies 0 Services 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 0 Total Uses $0 Projected Change in Fund Balance $20,471 Projected Ending Fund Balance, December 31, 2016 $32,511

ACC-1 Annual Report – East Bay Regional Park District 3-4 Prepared by NBS – Fiscal Year 2016/17 61 4. ASSESSMENT DIAGRAM

An Assessment Diagram for the District has been submitted to the EBRPD Clerk in the format required under the provision of the Act. The Assessment Diagram is on file with the EBRPD Clerk and by reference herein is made part of this Report. The lines and dimensions shown on maps of the County Assessor of the Counties of Alameda and Contra Costa for the current year are incorporated by reference herein and made part of this report.

ACC-1 Annual Report – East Bay Regional Park District 4-1 Prepared by NBS – Fiscal Year 2016/17 62 5. ASSESSMENTS

The actual assessments for Fiscal Year 2016/17, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 5.3 of this Report for the District. The description of each lot or parcel is part of the records of the County Assessors of the County of Alameda and the County of Contra Costa and such records are, by reference, made part of this Report.

5.1 Method of Apportionment

The assessments for the individual parcels in the General Zone of the District (excluding Murray Township and Liberty Union High School District), are based upon the following schedule:

1. For all residential, industrial, commercial parcels in Alameda and Contra Costa County (except as noted below), an annual parcel assessment of $5.44 is established for Fiscal Year 2016/17.

For Fiscal Year 2016/17, there are 356,763 assessable units within Alameda County for a total of $1,940,790.72; there are 296,424 assessable units within Contra Costa County for a total of $1,612,546.56.

2. For all multi-family residential parcels of two or more units per parcel, an annual assessment of $2.72 per unit is established for Fiscal Year 2016/17.

For Fiscal Year 2016/17, there are 199,494 assessable units within Alameda County for a total of $542,623.68; there are 75,546 assessable units within Contra Costa County for a total of $205,485.12.

3. The parcels in Murray Township (East Alameda County) and the Liberty Union High School District (ECCC-1 or East Contra Costa County) are included in the District, but at a zero assessment.

4. With regard to those lands defined by the County Assessor in each county as agricultural or ranch property, the annual assessment is made exclusively for those parcels on which a residence is located.

5. Public utility owned or leased properties, common areas, and church properties are excluded from assessment, in accordance with legal statute or accepted assessment practice in the two-county area.

6. Senior citizens whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment.

All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll.

ACC-1 Annual Report – East Bay Regional Park District 5-1 Prepared by NBS – Fiscal Year 2016/17 63 ZONES OF BENEFIT

The methodology for the zones was developed to calculate the total assessment for each zone based upon Equivalent Dwelling Units (EDU). An improved single family parcel is the base unit for calculation of benefit assessments and is defined as one EDU. The assessment rates within the six zones of benefit within the District increase annually by the percentage change in the December Consumer Price Index for the San Francisco Area.

For 2016/17, this increase amounts to 3.18%. The Fiscal Year 2016/17 assessment rates for the various zones are as follows:

Five Canyons Zone of Benefit (ZB-1) An annual assessment of $44.19 per EDU is established within the Five Canyons Zone of Benefit for Fiscal Year 2016/17. There are 1,089 assessable units for a total of $48,122.91.

Dublin Hills Zone of Benefit (ZB-2) An annual assessment of $31.98 per EDU is established within the Dublin Hills Zone of Benefit for Fiscal Year 2016/17. There are 582 assessable units for a total of $18,612.36.

Walpert Ridge Zone of Benefit (ZB-3) An annual assessment of $142.60 per EDU is established within the Walpert Ridge Zone of Benefit for Fiscal Year 2016/17. There are 472 assessable units for a total of $67,307.20.

San Ramon Hills Zone of Benefit (ZB-4) An annual assessment of $39.98 per EDU is established within the San Ramon Hills Zone of Benefit for Fiscal Year 2016/17. There are 140 assessable units for a total of $5,597.20.

Stone Valley Zone of Benefit (ZB-5) An annual assessment of $166.35 per EDU is established within the Stone Valley Zone of Benefit for Fiscal Year 2016/17. There are 39 assessable units for a total of $6,487.65.

Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6) An annual assessment of $98.96 per EDU is established within the Sibley Volcanic Regional Preserve Zone of Benefit for Fiscal Year 2016/17. There are 211 assessable units for a total of $20,880.56.

All assessments are rounded down to an even cent for placement on the Alameda County and Contra Costa County property tax roll.

ACC-1 Annual Report – East Bay Regional Park District 5-2 Prepared by NBS – Fiscal Year 2016/17 64 5.2 Appeals of Assessment Levy to Property

Any property owner, who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the Chief Financial Officer/Controller of the EBRPD, or designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Chief Financial Officer/Controller or designee will promptly review the appeal and any information provided by the property owner. If the Chief Financial Officer/Controller or designee finds the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County of collection, the Chief Financial Officer/Controller or designee is authorized to refund the property owner the amount of any approved reduction. Any dispute over the decision of the Chief Financial Officer/Controller or designee shall be referred to the EBRPD Board of Directors and the decision of the Board shall be final.

ACC-1 Annual Report – East Bay Regional Park District 5-3 Prepared by NBS – Fiscal Year 2016/17 65 5.3 Assessment Roll

The EBRPD has obtained a detailed listing of all parcels within the District boundaries. For each county, a county parcel use code was secured and all statutorily tax-exempt parcels have been excluded from the assessment. A comprehensive listing of all parcels to be assessed, including parcel address and proposed amount of assessment, is on file at the EBRPD headquarters office, 2950 Peralta Oaks Court, Oakland. In all instances of District, parcel references will be based upon standard Alameda County and Contra Costa County parcel numbers and use codes, in order to avoid confusion or misunderstanding by property owners.

ACC-1 Annual Report – East Bay Regional Park District 5-4 Prepared by NBS – Fiscal Year 2016/17 66

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 05 -

May 17, 2016

ADOPTION OF RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, GRANT PRELIMINARY APPROVAL OF DRAFT ENGINEER'S REPORT, ESTABLISH DATE FOR PUBLIC HEARING AND INSTRUCT THE CLERK OF THE BOARD TO PROVIDE APPROPRIATE PUBLIC NOTICE OF HEARING; ALAMEDA COUNTY/CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (TWO COUNTY LLD), INCLUDING ZB-1 (FIVE CANYONS), ZB-2 (DUBLIN HILLS), ZB-3 (WALPERT RIDGE), ZB-4 (SAN RAMON HILLS), ZB-5 (STONE VALLEY) AND ZB-6 (SIBLEY VOLCANIC) (ZONES OF BENEFIT)

WHEREAS, the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD) was established by EBRPD Board action on June 1, 1993 and will complete its current fiscal year of operation on June 30, 2016; and

WHEREAS, the fiscal year 2016/2017 maintenance and operation program for Two County LLD and Zones of Benefit is being implemented; and

WHEREAS, operation and maintenance funds are required in fiscal year 2016/2017 for Two County LLD and Zones of Benefit to maintain parklands, open space, trails and related parkland access; and

WHEREAS, the Board of Directors of the East Bay Regional Park District desires to take the necessary steps, including the adoption of resolutions and the required public hearing, to continue operation of Two County LLD and Zones of Benefit in the fiscal year 2016/2017 (July 1, 2016 through June 30, 2017), in the manner set forth in the report presented this date; and

WHEREAS, on May 3, 2016 the Board of Directors approved the resolution initiating proceedings and ordering filing of the annual report for the Two County LLD and Zones of Benefit (Resolution No. 2016-05-105);

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby receives and preliminarily approves the draft 2016/17 Engineer's Report for the Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB- 4 (San Ramon ills), ZB-5 (Stone Valley), and ZB-6 (Sibley Volcanic), which describes work to be performed in fiscal year 2016/2017, the budget for the fiscal year, the assessment roll and the proposed assessment rate; and

BE IT FURTHER RESOLVED that it is the intention of the Board of Directors to levy and collect assessments within Two County LLD and Zones of Benefit during fiscal year 2016/2017. The area of land to be assessed is all of the jurisdictional territory included within the boundaries of

67 Alameda County and Contra Costa County. The actions taken to levy and collect assessments are pursuant to the State of California Landscaping and Lighting Act of 1972, subsequent amendments and the provisions of State Proposition 218. The EBRPD improvements to be maintained and operated in Fiscal Year 2016/2017 in the assessment district are the District's regional trails, both within the District's parklands and connecting regional parks; and

BE IT FURTHER RESOLVED that the Board of Directors hereby sets Tuesday, July 5, 2016, at the hour of 1:00 p.m. at EBRPD Headquarters, 2950 Peralta Oaks Court, Oakland CA, as the date, time and place for a public hearing to review the Engineer’s Report and to determine the work program and the assessment rate for fiscal year 2016/2017; and

BE IT FURTHER RESOLVED that the Board of Directors hereby instructs the Clerk of the Board to proceed with and provide the legally-required public notice defining the purpose of the public hearing and the date and location of the hearing; and

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

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

68 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

j. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) (Zenoni/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1. Adopt a Resolution of Intention to Order Improvements;

2. Grant preliminary approval of the attached draft Engineer's Report for the proposed operation of the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD)for fiscal year 2016/2017 (7/1/2016 - 6/30/2017);

3. Establish Tuesday, the 21st day of June, 2016, at the hour of 2:00 p.m. as the time to conduct a public hearing at the Big Break Visitors Center at 69 Big Break Road, Oakley, CA and instruct the Clerk of the Board to provide appropriate public notice of the hearing, as required by the Landscaping and Lighting Act of 1972.

REVENUE/COST

Assessment revenues, disregarding delinquencies, totaling $729,295 are expected to be raised from the ECCC LLD proceeding. These revenues are anticipated in the 2016 and 2017 District year budgets and are restricted to maintain parkland, open space, trails and related parkland access within the boundaries and provisions as described in the attached draft Engineer’s Report. 2016 appropriations total $586,200.

BACKGROUND

When the East Contra Costa County area was annexed to the Park District in 1981, the

70 annexation occurred without corresponding redistribution of tax revenues to the Park District. The East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) was formed on December 17, 1991 to address this issue and provide funding for operation and maintenance of regional parks, open space and trail operation in East Contra Costa County.

The ECCC LLD was formed prior to the passage of Proposition 218, and is thus considered a “grandfathered assessment”. As required by Proposition 218, 67.8% of voters in the two counties reaffirmed the continuation of the ECCC LLD in 1996.

The assessment rate of $19.70 per equivalent dwelling unit was authorized and has remained unchanged over the years. There are currently 35,489 single family assessable units subject to the $19.70 rate, 589 between two and four residential unit parcels, 1,470 multiple living units (apartments) and 829 living units in hotels, motels and mobile home parks subject to assessment.

At the public hearing on June 21, 2016 in the Big Break Visitor Center in Oakley, the Board will receive public comments and then determine whether the Draft Engineer's Report (work program, budget and rate of assessment) is to be approved.

ALTERNATIVES

None are recommended.

Attachment A: Draft 2016/17 Engineer’s Report for East Contra Costa County Landscaping and Lighting Assessment District

71 EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 05 -

May 17, 2016

ADOPTION OF RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, GRANT PRELIMINARY APPROVAL TO THE DRAFT ENGINEER’S REPORT, ESTABLISH DATE OF PUBLIC HEARING AND INSTRUCT THE CLERK OF THE BOARD TO PROVIDE APPROPRIATE PUBLIC NOTICE OF HEARING: EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1

WHEREAS, East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) was established by the Board of Directors of East Bay Regional Park District on December 17, 1991, and will complete its current fiscal year of operation on June 30, 2016; and

WHEREAS, the fiscal year 2016/2017 maintenance and operation program for ECCC LLD is in the process of implementation; and

WHEREAS, operation and maintenance funds are required by the District in fiscal year 2016/2017 for ECCC LLD to maintain parklands, open space, trails and related parkland access; and

WHEREAS, the Board of Directors of the District desires to take the necessary steps, including the adoption of resolutions and the required public hearing, to continue operation of ECCC LLD in fiscal year 2016/2017 (7/1/2016 - 6/30/2017) in the manner set forth in the report presented this date; and

WHEREAS, on May 3, 2016 the Board of Directors approved the resolution initiating proceedings and ordering filing of the annual report for the ECCC LLD (Resolution No. 2016- 05-106);

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby receives and preliminarily approves the draft Fiscal Year 2016/17 Engineer's Report for the East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) which describes work to be performed in fiscal year 2016/2017, the budget for the fiscal year, the assessment roll and the proposed assessment rate; and

BE IT FURTHER RESOLVED that it is the intention of the Board of Directors to levy and collect assessments within ECCC LLD during fiscal year 2016/2017. The area of land to be assessed is the territory included within the Liberty Union High School District of Contra Costa County, as constituted in calendar year 1981. The actions taken to levy and collect assessments are pursuant to the State of California Landscaping and Lighting Act of 1972 including subsequent amendments and the provisions of State Proposition 218; and

BE IT FURTHER RESOLVED that the Board of Directors hereby sets Tuesday, June 21, 2016, at the hour of 2:00 p.m. at Big Break Visitors Center (Delta) at 69 Big Break Road, Oakley, CA as the date, time and place for a public hearing to review the draft Engineer's Report and to determine the work program and the assessment rate for fiscal year 2016/2017; and

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

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

73 East Bay Regional Park District

East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1)

Fiscal Year 2016/17 Engineer’s Report

June 2016

Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998

Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439

74 EAST BAY REGIONAL PARK DISTRICT EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (ECCC-1)

2950 Peralta Oaks Court Oakland, California 94605 Phone - (888) 327-2757

BOARD OF DIRECTORS

Whitney Dotson, Board Member

John Sutter, Board Member

Dennis Waespi, Board Member

Doug Siden, Board Member

Ayn Wieskamp, Board Member

Beverly Lane, Board Member

Diane Burgis, Board Member

DISTRICT STAFF

Robert E. Doyle, General Manager

Debra Auker, Acting Assistant General Manager

Carol Victor, Legal Counsel

Bill Zenoni, Interim Chief Financial Officer

NBS

Tim Seufert, Project Director

Nick Dayhoff, Consultant

75 TABLE OF CONTENTS

1. EXECUTIVE SUMMARY...... 1-1

2. PLANS AND SPECIFICATIONS ...... 2-1 2.1 Description of the District Boundaries ...... 2-1 2.2 Description of Areas to be Improved ...... 2-1 2.3 Description of Improvements...... 2-2 2.4 Identification of Benefit...... 2-3

76 1. EXECUTIVE SUMMARY

On May 3, 2016, the Board of Directors of the East Bay Regional Park District (the “EBRPD”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an Engineer’s Report for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (the “District”).

The following assessment is made to cover the portion of the estimated cost of maintenance, operation, and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received:

SUMMARY OF ASSESSMENT

Fiscal Year 2016/17 Fiscal Year 2016/17 Proposed Assessment Maximum Assessment As Confirmed by Board $729,294.78 $729,294.78

The assessment has been levied in accordance with the assessment methodology adopted and approved by the Board at the time of District formation.

The District was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIlIC and XIlID of the California Constitution. Although this assessment is consistent with Proposition 218, the California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered assessments" and held them to a lower standard than post Proposition 218 assessments. As required by Proposition 218, the voters of eastern Contra Costa County approved the continuation of the District in November of 1996 (Measure LL). This measure passed with 67.8% approval from the voters within the District.

ECCC-1 Engineer’s Report – East Bay Regional Park District 1-1 Prepared by NBS – Fiscal Year 2016/17 77 2. PLANS AND SPECIFICATIONS 2.1 Description of the District Boundaries

The District is defined by the boundaries of the Liberty Union High School District, in east Contra Costa County. The parcels of land, which have been determined to be within the boundaries of the District using County Tax Rate Areas, are those parcels shown in the assessment roll for the District.

2.2 Description of Areas to be Improved

Marsh Creek Trail 7.74 miles - Big Break Trail to Creekside Park: The Creekside Park to Cypress Road portion of this trail is 6.54 miles long and was opened in phases from December 1992 to 1997. Construction costs for the first phase (Cypress Road to Dainty Avenue) were $775,000 for the trail and $260,000 for bridges. In 2001, the operation of the Dainty Avenue to Balfour Road section of the trail was transferred to the EBRPD from the City of Brentwood. The 0.5 mile Balfour Road to Creekside Park portion of the trail was built by subdivision developers in 1996/97 and opened in 1997. Beginning in Fiscal Year 2005/06, the EBRPD has maintained responsibility for a trail tunnel beneath O'Hara Avenue and a tunnel beneath Sand Creek Road. The EBRPD expects to maintain a 9/10 mile extension to the Delta Shoreline Trail after completion of a restoration project.

The Cypress Road to Delta Shoreline portion is 1.2 miles long and opened May 31, 1997, with a construction cost of $421,000 for the trail and railroad underpass.

Delta/De Anza Trail Approximately 3.5 miles - Cypress Road to Neroly Road: The Cypress Road to Neroly Road portion of the trail is about 2.5 miles long and opened June 1, 1996, with a construction cost of $355,000 (trail and screen fencing). The Hillcrest to Ridgeline segment opened 2007/08 and added one additional mile of trail. The one mile section of trail between Ridgeline and Neroly Road was completed and opened in 2014.

Big Break Trail 1.7 miles - Jordan Lane to Big Break Bridge: The Marsh Creek Bridge to Jordan Lane section of trail, which opened in 1998, is 1.7 miles in length and cost $525,000 to construct. Additionally, a trail from Big Break Road to the flood control channel has been constructed and is being maintained.

ECCC-1 Engineer’s Report – East Bay Regional Park District 2-1 Prepared by NBS – Fiscal Year 2016/17 78 ECCC Trails Service Yard Adjacent to the Iron Horse Sanitation District facilities in Oakley: The Iron Horse Sanitation District Plant (IHSD) in Oakley opened September of 1994. The EBRPD acquired land from IHSD nearby for a permanent service yard which was completed in 2003. The ECCC Service Yard provides necessary support for the continued growth of the District Trails and Park Program.

Vasco Caves Regional Preserve This 750 acre property was acquired by the Contra Costa Water District and the EBRPD in 1997/98 at a cost of $1,360,000 and is currently maintained by the EBRPD. It opened in 1999/2000 for public use by reservation only. An additional 617 acres were acquired on December 23, 2004, at an additional cost of $2,961 600. There is also a security residence at this location.

Round Valley Regional Preserve The Purviance property of 1,165 acres was acquired in 1995 at a cost of $2,058,500. The Aswad property of 160 acres was acquired in April of 1996 at a cost of $224,000. The Cowell property was leased to the EBRPD in 1996 and opened in 1998. The construction cost of staging area and access was $921,500. There are 3.2 miles of trail. An additional 45 acres was added on January 31, 2000, at a cost of $313,250. There is also a security residence at this location. A group camp site, which may be reserved, opened in 2007, and a bridge was installed in 2012 to complete the loop trail.

Delta Access

The EBRPD acquired the Fallman property on June 20, 2002, at a cost of $1,500,000. The property is 276 acres in size and is located adjacent to the Werner Dredger Cut, east of Knightsen, in the Orwood Tract. The property is currently in agricultural use and will be kept in land bank status until funding is obtained for the development and operation of a delta access facility. An additional 90 acres of Delta access known as the Aginson Prime property was acquired in September of 2013 at a cost of $1,165,000. The purchase price included a security residence and a dock that may eventually allow small boat access to the Delta. The District is participating in the replacement of the Orwood Bridge, which crosses the Dredger Cut adjacent to the Fallman property. The new bridge will include a segment of the Mokelumne Coast to Crest Trail. In January 2016, at a cost of $6,072,000, the District acquired the 646 acre Nunn property to provide a key opportunity to protect and restore rare delta habitat.

2.3 Description of Improvements

The level of operations, maintenance and servicing include, but are not limited to: culvert service and repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression, inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving and crack repair, rest room maintenance, sign maintenance, stair tread repair, tree and shrubbery trimming and removal, weed abatement, landscaping, grading and soil preparation. The operations, maintenance and service include personnel, electrical energy, and utilities such as water, materials, contractual services, administrative costs and other items as necessary. All work will be performed to an acceptable standard and in accordance with applicable safety, environmental, aesthetic and building standards and regulations. Any plans for these improvements will be filed with the EBRPD and are incorporated herein by reference.

ECCC-1 Engineer’s Report – East Bay Regional Park District 2-2 Prepared by NBS – Fiscal Year 2016/17 79 2.4 Identification of Benefit

The District provides funds needed to maintain, operate, and construct parks, trails, open space, and other related park and access improvements within the District, as prescribed in the State of California Streets and Highways Code. Cost of acquisition and development of the regional facilities is funded primarily through Federal and State grants, Bond Acts, and various public and private donations.

By definition, all District lands maintained with the assessment revenues are directly related to property within the District, and benefits are received equally by all residential property owners within the District. A single zone of benefit for residential properties is in effect throughout the entire area of the District, and assessments are established accordingly. Assessments are directed exclusively to owners of all individual residential parcels which include a residence or residences as defined by the Contra Costa County Assessor, according to the plan defined below in this Report. The plan reflects varying rates of assessment, dependent upon the number and type of residential units located on the various parcels.

ECCC-1 Engineer’s Report – East Bay Regional Park District 2-3 Prepared by NBS – Fiscal Year 2016/17 80 3. ESTIMATE OF COSTS

The EBPRD receives revenue funding from the District. Revenue from this source will be used for the improvement, maintenance, and servicing of the public facilities within the District. The budget for Fiscal Year 2016/17 is shown in the following table:

DESCRIPTION AMOUNT Sources Beginning Fund Balance, January 1, 2016 $370,074 Total Assessment FY 2016/17 729,295 County Collection Fees (27,469) Interest 300 Total Sources $1,072,200 Uses Maintenance Expenditures: Salaries and Benefits $577,200 Supplies 0 Services 3,000 Administrative Expenses: Intra-District Charges 0 Engineer Charges 6,000 Transfers Out 0 Total Uses $586,200 Projected Change in Fund Balance $115,926 Projected Ending Fund Balance, December 31, 2016 $486,000

ECCC-1 Engineer’s Report – East Bay Regional Park District 3-1 Prepared by NBS – Fiscal Year 2016/17 81 4. ASSESSMENT DIAGRAM

An Assessment Diagram for the District has been submitted to the EBRPD Clerk in the format required under the provision of the Act. The Assessment Diagram is on file with the EBRPD Clerk and by reference herein is made part of this Report. The lines and dimensions shown on maps of the Contra Costa County Assessor for the current year are incorporated by reference herein and made part of this Report.

ECCC-1 Engineer’s Report – East Bay Regional Park District 4-1 Prepared by NBS – Fiscal Year 2016/17 82 5. ASSESSMENTS

The actual assessments for Fiscal Year 2016/17, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted as Section 6 of this Report for the District. The description of each lot or parcel is part of the records of the Contra Costa County Assessor and such records are, by reference, made part of this report.

5.1 Method of Apportionment

Assessments for individual parcel owners will be included as a part of the annual tax bill. Senior citizens, whose annual income is below the State of California defined poverty level, are entitled to a 50% discount on their assessment. Assessments for the individual parcels in the District, consistent with approved residential property assessment practices in other Contra Costa County special assessment districts, are based upon the schedule shown below.

1. Single Family Units on a single parcel (home, condominium, townhouse, mobile home, rural residential) are assessed $19.70 per unit

For Fiscal Year 2016/17, there are 35,489 assessable units for a total of $699,133.30.

2. Two or more residential units, to a maximum of four residential units, on a single parcel (homes, duplex, triplex, mobile home) are assessed $19.70 per individual living unit

For Fiscal Year 2016/17, there are 589 assessable units for a total of $11,603.30.

3. Multiple living units (apartments of five living units or more) are assigned an assessment rate of 0.5 units per individual living unit, or $9.85 per individual living unit

For Fiscal Year 2016/17, there are 1,470 assessable units for a total of $14,479.50.

4. Living units in hotels, motels, and mobile home parks are assigned an assessment rate of 0.25 units per individual living unit, or $4.92 per individual living unit

For Fiscal Year 2016/17, there are 829 assessable units for a total of $4,078.68.

All assessments are rounded down to an even cent for placement on the Contra Costa County property tax roll.

ECCC-1 Engineer’s Report – East Bay Regional Park District 5-1 Prepared by NBS – Fiscal Year 2016/17 83 5.2 Appeals of Assessment Levy to Property

5.3 Assessment Roll

Each year the EBRPD obtains a current listing of all parcels located within the District boundaries from the County Assessor. The listing identifies each individual parcel, its owner, and defines the County Assessor Use Code for the parcel. The complete listing of all parcels to be assessed, including name of owner, parcel address, and amount of the proposed assessment, is on file at the EBPRD headquarters office. Parcel references are consistent with Contra Costa County Assessor parcel numbers, in order to avoid confusion or misunderstanding by residential property owners.

ECCC-1 Engineer’s Report – East Bay Regional Park District 5-2 Prepared by NBS – Fiscal Year 2016/17 84 FINANCE AND MANAGEMENT SERVICES AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES DIVISION

a. Approval of Resolution Declaring the Intention to Establish Community Facilities District No. C-2 Las Trampas and to Authorize the Levy of Special Taxes (Spaulding/Zenoni/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors approve the following: a) Approve necessary resolutions to initiate Community Facilities District (CFD) formation for CFD No. C-2 Las Trampas (C-2 Las Trampas), b) Approve the Rate and Method of Apportionment and Boundary Map for C-2 Las Trampas, for FY 2016-17, and c) Establish the date of the Public Hearing for the C-2 Las Trampas for June 21, 2016 at the Big Break Visitors Center.

REVENUE/COST

C-2 Las Trampas will generate approximately $73,000 annually, once it is fully implemented, to be used for direct and incidental costs of maintaining parklands in the vicinity of the C-2 Las Trampas area. The revenue will increase annually based on the December annualized change in Consumer Price Index (CPI) for San Francisco-Oakland-San Jose.

The C-2 Las Trampas formation cost is approximately $20,000, including using NBS as Special Tax Consultant and Jones Hall as Special Counsel. These costs will be paid from the Management Services Division budget for professional services (101-4110-000-6191).

BACKGROUND

This is the District’s second proposed CFD. The first was formed in 2015, and was also for maintenance of newly-added open space in the Las Trampas area.

The proposed C-2 Las Trampas is designed to partially cover the costs of managing the open space related to a 740-unit development called the Faria Preserve. The preserve is located on approximately 450 acres in the City of San Ramon, and the City’s conditions of approval for the Faria Preserve include the dedication of approximately 140 acres of open space to the District. The developer will also construct one staging area for 27 vehicles and one shared parking area with five

85 parking spaces, and several miles of trails – including a nearly one mile segment of the Calaveras Ridge Trail. A Mutual Agreement signed by the District and the Faria Preserve LLC (CalAtlantic Homes), confirmed that a CFD will be implemented to maintain this open space and trails.

CFD Formation Process and Timeline Certain steps are required by State law in order to form a CFD, and these steps are described in further detail below. With consideration of the attached resolution at this Board Meeting, the process of forming C-2 Las Trampas will be underway. The formation of C-2 Las Trampas will be complete only after the Public Hearing and Landowner Election are conducted at the June 21st Board Meeting. If approved, the C-2 Las Trampas special tax will be enrolled on the Contra Costa County property tax rolls beginning in the fiscal year of 2016-17.

1) CFD Local Goals and Policies: These policies are required by law and were adopted by the Board when the District’s first CFD was formed, on June 16, 2015. These Local Goals and Policies apply to all future CFDs formed by the District.

2) Resolution of Intention: The Resolution of Intention will be approved at this Board Meeting. This document summarizes the District’s plan to establish the CFD, including: the proposed CFD boundaries, the description of funded services, the Rate and Method of Apportionment, and setting the June 21st date for the Public Hearing, and Landowner Election on the special tax.

3) Rate and Method of Apportionment (RMA): With the assistance of the Special Tax Consultant, the District has developed the RMA document which contains the formula by which the rate of the special tax is determined and levied on the parcels in C-2 Las Trampas. The RMA also establishes the date to commence the special tax levy, defines all terms related to the RMA, defines exempt real property, and establishes the maximum annual tax by property land use type. This RMA is incorporated into the Notice of Special Tax Lien that will be recorded with Contra Costa County after approval of C-2 Las Trampas.

4) Petition (With Waivers): The signed Petition from Faria Preserve LLC (CalAtlantic Homes) has already been received by the District. The Petition requests formation of C-2 Las Trampas and waives applicable waiting periods for the C-2 Las Trampas special tax election. A copy is attached to this report.

5) Boundary Map: The Boundary Map showing the parcels and proposed boundaries of the C-2 Las Trampas area is approved as part of the Resolution of Intention. The Boundary Map must be recorded with Contra Costa County by June 2, 2016.

6) Election Materials: A landowner ballot, envelope, and instructions will be mailed to the Faria Preserve LLC after this meeting and must be returned to the District prior to the close of the Public Hearing on June 21.

7) Board Actions to Approve Formation and Election: At the June 21st Board Meeting, the Board conducts the Public Hearing, allowing interested persons “to hear and be heard.” After this, the Board approves the Resolution of Formation and Resolution Calling Election, conducts the landowner election, and Declares Election Results by adopted resolutions.

86 8) Ordinance to Levy Special Taxes: At the June 21st meeting, after the Declaration of Election results, the Board approves the Ordinance to Levy Special Taxes.

Cost Model

The cost model for the Faria Preserve includes the expenses of maintaining the parking, trailheads, and facilities in and around the site, and the trails that connect into Las Trampas Wilderness, including public safety, fuels management, and administrative costs. The total anticipated annual cost to manage this property will be approximately $150,000.

During the District’s first CFD creation process last year, the Board’s Finance Committee advised staff to consider the following criteria / information when allocating costs to new CFDs:  Developed property will provide additional general property tax.  Land donated that is within/adjacent to current regional park property, already in service, or that provides trail connectivity will have more accessible resources.  Land donated that is within the District Master Plan or which has a current land use plan should receive a greater percentage of District contribution in the cost model.  Provide criteria for reasonableness if a development has very few units (25 or fewer).

Based on these criteria, staff proposed that a portion of the total cost of maintaining the newly added Faria Preserve land should be borne by the District through its general fund and through the developers endowment. The remaining costs, approximately $73,000, should be assessed to property owners via C-2 Las Trampas. The Developer has agreed to this allocation.

Because the Faria Preserve includes different sizes of single family homes as well as condominiums and apartments, staff propose that costs should be allocated to units according to an Equivalent Dwelling Unit (EDU) factor, which allows for smaller units to pay less C-2 Las Trampas special taxes than larger houses. Using this methodology, the following allocation of costs has been developed.

Lot Size EDU Total RMA Rate Total Land Use Units Description Factor EDUs per Unit Revenue SFR 1 50' x 100' 121 1.00 121.00 $146.00 $17,666 SFR 2 46' x 70' 72 0.90 64.80 131.00 9,432 SFR 3 35' x 65' 63 0.85 53.55 124.00 7,812 Condominiums 182 0.75 136.50 109.00 19,838 Apartments 216 0.50 108.00 73.00 15,768 Senior Apartments 86 0.20 17.20 30.00 2,580 Totals: 740 501.05 $73,096

Next Steps Assuming all attached items are approved at this meeting, at the June 21st Board Meeting, the Board will conduct the Public Hearing, and then take action on the remaining actions required to form C-2 Las Trampas and levy the special tax: the Resolution of Formation, Resolution Calling for Election, Declaring the Results of the Election, and lastly, adopting the Ordinance Levying Special Taxes.

87 ALTERNATIVES

None are recommended.

ATTACHMENTS

A. Resolution Declaring the Intention to Establish a Community Facilities District No. C-2 Las Trampas and to Authorize the Levy of Special Taxes Exhibit A – Boundary Map Exhibit B – Description of Services to be Funded by the CFD Exhibit C – Rate and Method of Apportionment Exhibit D – Notice of Public Hearing

B. Signed Petition (with waivers) to Create a Community Facilities District (Signed by landowner April 28, 2016)

88 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO:

May 17, 2016

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK DISTRICT, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the Board of Directors of the East Bay Regional Park District (the “District”) may commence proceedings for the establishment of a community facilities district; and

WHEREAS, this Board of Directors has received a Petition (including Waivers) from the landowner requesting that it establish a community facilities district under the Act to provide for the costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements within or in the vicinity of the CFD, and this Board of Directors now desires to commence proceedings to establish a community facilities district (the “CFD”) as described herein; and

WHEREAS, under the Act, this Board of Directors is the legislative body for the proposed CFD and is empowered with the authority to establish the CFD and levy special taxes within the CFD; and

WHEREAS, this Board of Directors now desires to proceed with the actions necessary to consider the establishment of the CFD; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby finds, determines, and resolves that all of the foregoing recitals are true and correct; and

BE IT FURTHER RESOLVED, that the Board of Directors proposes to begin the proceedings necessary to establish the CFD pursuant to the Act; and

BE IT FURTHER RESOLVED, that the name of the proposed CFD is East Bay Regional Park District, Community Facilities District No. C-2 Las Trampas; and

BE IT FURTHER RESOLVED, that the proposed boundaries of the CFD are as shown on the map of the CFD on file with the Clerk of the Board, a copy of which is attached hereto as Exhibit A, which Exhibit is by this reference incorporated herein. The proposed boundaries are hereby preliminarily approved. The Clerk of the Board is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office of the Contra Costa County Recorder no later than fifteen (15) days after the adoption of this Resolution; and

BE IT FURTHER RESOLVED, that the type of maintenance services proposed to be financed by the CFD and pursuant to the Act shall consist of those services described in Exhibit B hereto, which Exhibit is by this reference incorporated herein (the “Services”); and

BE IT FURTHER RESOLVED, that except where funds are otherwise available, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit C attached hereto, which Exhibit is by this reference incorporated herein. The special tax shall be levied perpetually until the collection of the special tax by the District ceases; and

BE IT FURTHER RESOLVED, that the Board of Directors finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the CFD; and

BE IT FURTHER RESOLVED, that the levy of said proposed special tax shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballots among the landowners in the proposed CFD, with each landowner having one vote for each acre or portion of an acre of land such landowner owns in the CFD; and

BE IT FURTHER RESOLVED, that except as may otherwise be provided by law or the rate and method of apportionment of the special tax for the CFD, all lands owned by any public entity, including the United States, the State of California, and/or the District, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Services and any expenses of the CFD; and

BE IT FURTHER RESOLVED, that the General Manager of the District is hereby directed to study the proposed Services and to make, or cause to be made, and file with the Clerk of the Board a report required by Section 53321.5 of the Act presenting the following: (a) A brief description of the Services. (b) An estimate of the fair and reasonable initial annual cost of providing the Services, including the incidental expenses in connection therewith, any District administration costs and all other related costs.

Said report shall be made a part of the record of the public hearing provided for below. The General Manager may delegate to consultants the duty to perform the study and prepare the report.

BE IT FURTHER RESOLVED, that Tuesday, June 21, 2016, at 2:00 p.m. or as soon thereafter as the matter may be heard, in the meeting place of this Board of Directors at the Big Break Visitors Center, 69 Big Break Road, Oakley, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience, and necessity require the formation of the CFD and the levy of said special tax; and

BE IT FURTHER RESOLVED, that the Clerk of the Board is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the CFD. The publication of said notice shall be completed at least seven (7) days before

90 the date herein set for said hearing. The notice shall be substantially in the form of Exhibit D hereto; and

BE IT FURTHER RESOLVED, that this Resolution shall take effect upon its adoption.

Moved by Director , seconded by Director , and approved this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

91 EXHIBIT A

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

PROPOSED BOUNDARIES OF THE CFD

92 93 EXHIBIT B

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

DESCRIPTION OF SERVICES TO BE FUNDED BY THE CFD

It is intended that the CFD will be eligible to fund all or a portion of the direct and incidental costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements and staging areas within or in the vicinity of the CFD.

The CFD may fund any of the following related to the maintenance of the services described in the preceding paragraph: obtaining, constructing, reconstructing, furnishing, and operating and maintaining equipment, apparatuses, staging areas (within or outside the boundaries of the CFD) or facilities related to providing the services; equipment, apparatuses, facilities, or fixtures in areas to be maintained; paying the salaries and benefits of personnel necessary or convenient to provide the services; payment of insurance costs and other related expenses; and the provision of reserves for repairs, replacements, and for the future provision of services. It is expected that the services will be provided by the District, either with its own employees or by contract with third parties, or any combination thereof. The CFD may also fund administrative fees of the District related to the CFD.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created.

The foregoing description of the types of services eligible to be funded is general in nature and includes any appurtenant work and incidental expenses relating to the operation, maintenance and servicing of facilities. The final nature and location of the services will be determined upon the preparation of final plans and specifications for such services.

94 EXHIBIT C

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

RATE AND METHOD OF APPORTIONMENT

95 RATE AND METHOD OF APPORTIONMENT FOR EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (“CFD No. C-2”) and collected each Fiscal Year commencing in Fiscal Year 2016-2017 in an amount determined by the Board through the application of the appropriate Special Tax for Taxable Property as described below. All of the real property in CFD No. C-2, unless exempted by law or by the provisions hereof, shall be taxed for purposes of CFD No. C-2, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meaning:

“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on County records, such as an Assessor’s Parcel Map and secured roll data, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area may be determined utilizing available spatial data and GIS.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California, as amended to date and as may be amended from time to time.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. C-2 including, but not limited to, the following: the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the District, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the District, or otherwise); the costs to the District, CFD No. C-2, or any designee thereof of complying with disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the District, CFD No. C-2, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the District or CFD No. C-2 for any other administrative purposes, including, but not limited to, attorney’s fees; costs associated with annexations to CFD No. C-2; and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Apartment Property” means that area of land designated as Neighborhood V on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The Apartment Property land represents approximately 12.60 Acres of land which is planned for the construction of 216 Residential Dwelling Units to be classified as Residential Property – Apartments and 86 Residential Dwelling Units to be classified as Residential Property – Senior Apartments.

“Apartment Property Base Maximum Annual Special Tax” means $18,348.00 for Fiscal Year 2016-2017. The Apartment Property Base Maximum Annual Special Tax shall be increased by the Special Tax Escalation Factor multiplied by the amount of the Apartment Property Based Maximum Annual Special Tax in effect for the previous Fiscal Year.

“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating Assessor’s Parcels by an Assessor’s Parcel number.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Page 1 96

“Authorized Services” means the public services authorized to be funded by CFD No. C-2 as set forth in the resolutions of formation adopted by the Board establishing CFD No. C-2.

“Board” means the Board of Directors of the East Bay Regional Park District, acting as the legislative body of CFD No. C-2.

“CFD Administrator” means an official of the District, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“CFD No. C-2” means the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas.

“County” means the County of Contra Costa.

“District” means the East Bay Regional Park District.

“Exempt Property” means all Assessors’ Parcels that are exempt from the Special Tax pursuant to Section E.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Maximum Annual Special Tax” means the maximum annual Special Tax, determined in accordance with Section C, which may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.

“Non-Residential Property” means all Assessor’s Parcels of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year, which designates property for which a building permit could be issued for the construction of anything other than residential dwelling units. If a structure on an Assessor’s Parcel is a mixed-use building that includes residential dwelling units, the Special Tax levied on that Assessor’s Parcel shall be calculated based on applying the Special Tax only to the Residential Lots in the building.

“Open Space Property” means property within the boundaries of CFD No. C-2 which (i) has been designated with specific boundaries and acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the District, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the District limiting the use of such property to open space.

“Proportionately” means in such manner that the ratio of the Special Tax levy on Taxable Property to the Maximum Annual Special Tax on Taxable Property is equal for all Assessors’ Parcels of Taxable Property.

“Public Property” means any property within the boundaries of CFD No. C-2 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and acreage on a final subdivision map as property which will be owned by a public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. For purposes of this definition, a “public agency” includes the federal government, the State, the County, the District, or any other public agency.

“Rate and Method” means this Rate and Method of Apportionment for CFD No. C-2.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Page 2 97 “Residential Dwelling Unit” means an individual single family residential dwelling unit, each individual residential dwelling unit within a duplex, triplex, fourplex, townhome or condominium structure, or each individual apartment residential dwelling unit.

“Residential Property – Apartment” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct apartment Residential Dwelling Units. Residential Property – Apartment excludes those Assessor’s Parcels that can be designated as Residential Property – Senior Apartment or Residential Property – Condominium.

“Residential Property – Condominium” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct attached Residential Dwelling Units, named as condominiums, townhomes, or 2- story flats and is located in that area of land designated as Neighborhood IV on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. Residential Property – Condominium excludes those Assessor’s Parcels that can be designated as Residential Property – Apartment or Residential Property – Senior Apartment.

“Residential Property – Senior Apartment” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a residential development, consisting of apartment Residential Dwelling Units, for the occupancy of age-restricted persons, or senior citizens. Residential Property – Senior Apartment excludes those Assessor’s Parcels that can be designated as Residential Property – Apartment or Residential Property – Condominium.

“Residential Property – SFR1” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a single family Residential Dwelling Unit and is located in that area of land designated as Neighborhood I on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The proposed development for Neighborhood I includes the construction of single family Residential Dwelling Units with a minimum lot size of 50’ x 100’.

“Residential Property – SFR2” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a single family Residential Dwelling Unit and is located in that area of land designated as Neighborhood II on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The proposed development for Neighborhood II includes the construction of single family Residential Dwelling Units with a minimum lot size of 46’ x 70’.

“Residential Property – SFR3” means an Assessor’s Parcel of Taxable Property for which a map has been recorded by January 1st of the prior Fiscal Year for which a building permit could be issued to construct a courtyard single family Residential Dwelling Unit and is located in that area of land designated as Neighborhood III on the Master Site Plan Vesting Tentative Map for the Las Trampas Subdivision 9342, dated September 20, 2013. The proposed development for Neighborhood III includes the construction of courtyard single family Residential Dwelling Units with a minimum lot size of 35’ x 65’.

“Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.

“Special Tax Escalation Factor” means the December annualized percentage change of the Consumer Price Index for all Urban Consumers, for the San Francisco-Oakland-San Jose area. If the percentage change is negative, the Special Tax Escalation Factor shall be equal to zero.

“Special Tax Requirement” means that amount of Special Tax revenue required in any Fiscal Year, as determined by the CFD Administrator, for the following purposes: (i) to pay the costs of Authorized

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Page 3 98 Services; (ii) to pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement replacement funds, or reserve funds for CFD No. C-2; (iv) to pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. The Special Tax Requirement shall be net of a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.

“State” means the State of California.

“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. C-2 that are not classified as Exempt Property under the Act or Section E below.

“Undeveloped Property” means all of the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. C-2 not classified as Residential Property or Non-Residential Property.

B. ASSIGNMENT TO LAND USE CATEGORIES

On or about July 1 of each Fiscal Year, all Assessor’s Parcels of Taxable Property shall be classified as Residential Property – SFR1, Residential Property – SFR2, Residential Property – SFR3, Residential Property – Condominium, Residential Property – Apartment, Residential Property – Senior Apartment, Non-Residential Property, or Undeveloped Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below.

C. MAXIMUM ANNUAL SPECIAL TAX

The Maximum Annual Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to the table below:

2016-2017 Maximum Property Land Use Annual Special Tax Rates $146.00 Residential Property– SFR1 per Residential Dwelling Unit $131.00 Residential Property– SFR2 per Residential Dwelling Unit $124.00 Residential Property– SFR3 per Residential Dwelling Unit $109.00 Residential Property – Condominium per Residential Dwelling Unit $73.00 Residential Property – Apartment per Residential Dwelling Unit $30.00 Residential Property – Senior Apartment per Residential Dwelling Unit

Non-Residential Property $0.00 per Acre

Undeveloped Property $0.00 per Acre

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Page 4 99 On July 1 of each Fiscal Year, commencing on July 1, 2017, the Maximum Annual Special Tax shall be increased by the Special Tax Escalation Factor multiplied by the amount of the Maximum Annual Special Tax in effect for the previous Fiscal Year.

Successor Assessor’s Parcel(s) of Apartment Property When an Assessor’s Parcel designated as Apartment Property changes or subdivides, the Maximum Annual Special Tax shall be apportioned to each successor Assessor’s Parcel designated as Apartment Property so that there is no net loss in the total Apartment Property Base Maximum Annual Special Tax. The process for assigning the Maximum Annual Special Tax of the original Assessor’s Parcel to the successor Assessor’s Parcel is as follows:

Step 1: If less than 100% of the Apartment Property changes, the Apartment Property Base Maximum Annual Special Tax shall be allocated Proportionately to each Assessor’s Parcel based upon each Assessor’s Parcel’s assigned Maximum Annual Special Tax as compared to the total Maximum Annual Special Tax for all Assessor’s Parcels classified as Apartment Property.

Step 2: Identify the successor Assessor’s Parcel(s) created by the original Assessor’s Parcel(s), designated as Apartment Property, change or subdivision.

Step 3: Using land use development plans, determine the number and type of Residential Dwelling Units to be constructed for each successor Assessor’s Parcel identified in Step 1. Multiply the number of Residential Dwelling Units by the Maximum Annual Special Tax rates per Residential Dwelling Unit set forth in the table above to calculate the total Maximum Annual Special Tax for each successor Assessor’s Parcel of Apartment Property.

Step 4: If the total Maximum Annual Special Tax amount for all Assessor’s Parcels of Apartment Property is greater than or equal to the original Assessor’s Parcel(s) share of the Apartment Property Base Maximum Annual Special Tax, then the Maximum Annual Special Tax for each Assessor’s Parcel of Apartment Property shall be assigned based upon the number of Residential Dwelling Units and the Maximum Annual Special Tax rate per Residential Dwelling Unit.

Step 5: If the total Maximum Annual Special Tax amount calculated in Step 3 is less than the original Assessor’s Parcel(s) share of the Apartment Property Base Maximum Annual Special Tax, then the Maximum Annual Special Tax calculated in Step 3 shall be increased Proportionately for each Residential Dwelling Unit until the total Maximum Annual Special Tax for each successor Assessor’s Parcel(s) of Apartment Property equals the original Assessor’s Parcel(s) share of the total Apartment Property Base Maximum Annual Special Tax.

Once created, if a successor Assessor’s Parcel of Apartment Property further changes or subdivides, the above steps shall be repeated to determine the Maximum Annual Special Tax for each additional successor Assessor’s Parcel of Apartment Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement.

The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property at a rate up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement.

Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Residential Property be increased by more than 10% above what it would have been levied had there been no delinquencies.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Page 5 100

E. EXEMPTIONS

The CFD Administrator shall classify the following as Exempt Property: Public Property, Open Space Property, and Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement.

If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be classified as Taxable Property starting with the Special Tax levy for the next subsequent Fiscal Year after the change in use of that Assessor’s Parcel.

F. APPEALS AND INTERPRETATION

Any landowner or resident who feels that the amount of the Special Tax levied on such person’s Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the District appealing the amount of the Special Tax levied on such Assessor's Parcel. The District may establish such procedures as it deems necessary to undertake the review of any such appeal. The District shall interpret this Rate and Method and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the District shall be final and binding as to all persons.

The District may make minor administrative and technical changes to this Rate and Method that do not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this Rate and Method shall be left to the District’s discretion. Interpretations may be made by resolution of the Board for purposes of clarifying any vagueness or ambiguity in this Rate and Method.

G. MANNER OF COLLECTION

The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, or in such other manner and time as the District may determine, including the periodic direct billing of the affected property owners.

H. NO PREPAYMENT OF SPECIAL TAX

The Special Tax may not be prepaid.

I. TERM OF SPECIAL TAX

The Special Tax shall be levied, commencing in Fiscal Year 2016-2017, as long as necessary to satisfy the Special Tax Requirement.

East Bay Regional Park District Community Facilities District No. C-2 Las Trampas Page 6 101 EXHIBIT D

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Board of Directors of the East Bay Regional Park District will conduct a public hearing on Tuesday, June 21, 2016 at 2:00 p.m. or as soon thereafter as the matter may be heard, at the Big Break Visitors Center, 69 Big Break Road, Oakley, California, to consider the following:

EAST BAY REGIONAL PARK DISTRICT COMMUNITY FACILITIES DISTRICT NO. C-2 Las Trampas

On May 17, 2016, the Board of Directors of the East Bay Regional Park District adopted a Resolution entitled “A Resolution of the Board of Directors of the East Bay Regional Park District, California, Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”). Reference is hereby made to the Resolution of Intention on file in the office of the Clerk of the Board of the East Bay Regional Park District for further particulars.

In the Resolution of Intention, the Board of Directors declared its intention to form the East Bay Regional Park District Community Facilities District No. C-2 Las Trampas (the “CFD”) to finance the costs of the maintenance, improvement, and servicing of parklands, trails, open space, and related parkland access improvements within or in the vicinity of the CFD as further identified in an exhibit to the Resolution of Intention. The proposed boundaries of the CFD were identified in another exhibit to the Resolution of Intention, and the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the CFD to pay for the costs of the services.

In the Resolution of Intention, the Board of Directors provided that the levy of the special tax will be subject to a mailed ballot election among the owners of land in the CFD. The Board of Directors ordered the General Manager to prepare a report on the CFD, and the Board of Directors called for a public hearing on the CFD.

At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the CFD, the extent of the CFD or the furnishing of specified types of services will be heard. Any person interested may file a protest in writing with the Clerk of the Board. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the CFD, or the owners of one-half or more of the area of land in the territory proposed to be included in the CFD and not exempt from the special tax file written protests against the establishment of the CFD and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to establish the CFD or authorize the special taxes for a period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered voters or the landowners are only against the furnishing of a type or types of services within the CFD, or against levying a specified special tax, those types of services, or the specified special tax, will be eliminated from the proceedings to form the CFD.

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Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Board Directors during or prior to the public hearing.

/s/ XXXXX Clerk of the Board East Bay Regional Park District

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Page Left Blank Intentionally

104 105 106 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday May 17, 2016

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES DIVISION

b. Approval of Resolution Amending the Board Operating Guidelines Related to Purchasing, Contracting and Agreements and Changing Time of Regular Board Meetings (Zenoni/Auker/Victor)

RECOMMENDATION

The General Manager and the Board Finance Committee recommend that the Board of Directors approve a Resolution amending the Board Operating Guidelines related to Purchasing, Contracting and Agreements and to change the start time for the regular Board of Directors meeting to 1:00pm.

REVENUE/COST

There is no cost to the District by this action.

BACKGROUND

The Board Operating Guidelines are adopted by the Board of Directors to assist in effective operation of the District; for general guidance of the Board, management and other employees of the District; and to provide information to the public concerning Board procedures.

The Board and District staff regularly review these guidelines and propose amendments bi- annually or as needed. While the entirety of the Board Operating Guidelines is currently undergoing the review process with the Board Executive Committee, there are two items that staff would like to amend now in order to gain efficiencies, update financial controls in accordance with newly approved legislation, and to change the time of the regular board meetings from 2:00pm to 1:00pm.

1. Amendment to Section IV.A. Board Meetings-Time and Place of Meeting This action will change the start time for the regular Open Session Public Meeting to 1:00pm and the Closed Session to 11:30am, unless otherwise noticed, beginning July 1, 2016. These meetings are typically held on the first and third Tuesday of each month at the District Administration Building in Oakland, CA.

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2. Amendment to Appendix E – Agreement and Contracting Procedures and Section III.4.c. - Establishing Policies and Procedures-Issuing Contract for Professional Services The Board Operating Guidelines include District-wide purchasing policies which require review and updating from time to time. Also, recently approved State legislation has increased the General Manager’s purchasing and contracting approval authority from $25,000 to $50,000 and has provided an opportunity to reduce the administrative cost and time it takes to complete formal advertising on smaller contracts and purchases. Staff recommends updating and improving District purchasing policies in order to take advantage of efficiencies and strengthen financial controls.

Section 5549 of the Public Resources Code, as previously written, authorized the general manager of any park or open-space district, with district board approval, to bind the district, in accordance with board policy, and without advertising, for the payment of amounts not exceeding $25,000 for supplies, materials, labor, or other valuable consideration for any purpose. Assembly Bill No. 495, which was approved by the Governor on August 10, 2015 and which became effective on January 1, 2016, amended Section 5549 of the Public Resources Code by providing that the Board of Directors of the East Bay Regional Park District and the Midpeninsula Regional Open Space District may increase the purchasing authority of the general managers of those two agencies from $25,000 to $50,000 without advertising.

The District’s Board policy provisions related to purchasing and contracting are included in two sections of the Board Operating Guidelines: - Section III, subsection 4.c. states that a resolution of the Board of Directors is required for all professional services contracts over $25,000.

- Appendix E - Agreement and Contract Procedures – provides direction on agreement and contract procedures, including authorization levels, legal review, competitive bidding, consultant contracts and change orders.

Staff has been working over the past few months to develop proposed revisions to these sections of the Board Operating Guidelines consist with the recent changes to the Public Resources Code, and also to provide further clarification and direction on purchasing and contracting activities. The proposed revisions will increase the General Manager’s purchasing and contracting approval authority from $25,000 to $50,000. Appendix E has been re-titled “Policy for Purchasing, Contracting and Agreements.” This section has been re-written to provide a more comprehensive discussion of the purchasing and contracting guidelines, including definitions of key purchasing and contracting terms, staff signature approval levels, competitive bidding requirements, exceptions to bidding requirements, change orders and contract amendment procedures, and requirements for contract/agreement review by legal counsel.

The proposed revisions to the Board Operating Guidelines have been reviewed in detail by District Counsel, the General Manager and Assistant General Managers. As with most new policies there may be additional revisions proposed as we go through the implementation process. The Board Finance Committee reviewed the proposed revisions on March 23, 2016 and recommended that these revisions be considered by the full Board of Directors.

ALTERNATIVES No alternatives are recommended.

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EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO.: 2016 – 05 -

May 17, 2016

APPROVAL OF RESOLUTION AMENDING THE BOARD OPERATING GUIDELINES RELATED TO PURCHASING, CONTRACTING AND AGREEMENTS AND CHANGING TIME OF REGULAR BOARD MEETINGS

WHEREAS, the Board Operating Guidelines are adopted by the Board of Directors to assist in effective operation of the District; for general guidance of the Board, management and other employees of the District; and to provide information to the public concerning Board procedures; and

WHEREAS, from time to time, it is necessary to update the Board Operating Guidelines to ensure that this document is in conformance with current statutes and District policies and practices; and

WHEREAS, the District’s enabling legislation in Public Resources Code section 5549 was recently amended by Assembly Bill No. 495 to increase the amount of contracting authority that the Board of Directors may delegate to the General Manager from $25,000 to $50,000 and the Board of Directors wishes to do so in all areas of operations in which the contracting authority pertains; and

WHEREAS, the General Manager and District Counsel have reviewed proposed updates to Section III, subsection 4(c) and Appendix E of the Board Operating Guidelines which will improve purchasing and contracting efficiencies and strengthen internal controls; and

WHEREAS, on March 23, 2016, the Board Finance Committee reviewed the proposed updates to the Board Operating Guidelines and unanimously recommended its submission to the full Board for favorable consideration;

WHEREAS, the Board of Directors has reviewed the proposed amendments to Section IV.A., Section III.4.c. and Appendix E- Policy for Purchasing, Contracting and Agreements of the Board Operating Guidelines which will improve purchasing and contracting efficiencies and strengthen financial controls; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the updates to the Board Operating Guidelines effective on this date, as follows, and the amended Appendix E-Policy for Purchasing, Contracting and Agreements be made a part of this resolution as Attachment A:

1. Section IV.A - Meetings of the Board of Directors shall be held at the District Administration Building, 2950 Peralta Oaks Court, Oakland, unless the Board determines that the meeting shall be held elsewhere. Meetings normally begin at 11:30 am 12:30 pm for Closed Session, and 1:00 pm 2:00 pm for Open Session.; and

109

2. Section III.4.c - Contract for professional services required by the District. Delegate to the General Manager. Resolution of the Board required for contracts over $50,000 $25,000.

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

110

APPENDIX E

POLICY FOR PURCHASING, CONTRACTING AND AGREEMENTS

A. AUTHORITY

This policy is enacted pursuant to the provisions of California Public Resources Code Sections 5549 and 5594.

B. PURPOSE

The purpose of this policy is to establish guidelines for the cost effective and efficient purchasing and contracting for supplies, materials, equipment, labor and services; and to encourage competition for public contracts and to aid the District in the efficient administration of public contracting, to the maximum extent possible.

C. DEFINITIONS

1. “Construction contracts” means all contracts for furnishing supplies, materials, labor, or other valuable consideration furnished to the District for constructing any new building, structure, or improvement.

2. “Contract for services” means a contract or agreement for the performance of work by an independent contractor. Services may be categorized as general services, construction services, maintenance services, or professional services. 3. “Emergency” means a breakdown in machinery, equipment, or facilities, a natural disaster, or other sudden occurrence resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to, threatened damage to property or natural resources.

4. “Formal Bid” means a procedure to solicit bids for items or work costing more than $50,000 which requires a written document officially noticed and distributed as widely as reasonably possible with specific instructions regarding the due date and format for written responses.

5. “General Manager” means the General Manager of the East Bay Regional Park District or his/her designee per written authority.

6. “Informal Bid” means a procedure for soliciting cost quotes /bids either in writing or orally for items or work costing more than $10,000 up to $50,000 with written documentation of the informal bid results.

7. “Lowest Responsible Bidder” means the bidder who submits the “lowest monetary bid” which is “responsive” to the requirements of the solicitation, and who is a “responsible bidder.”

Proposed 5/17/16 9 111

8. “Maintenance” means all contracts for furnishing supplies, materials, labor, or other valuable consideration furnished to the District for maintenance projects involving contractor services to preserve, maintain, or repair any existing building, structure, or improvement.

9. “Professional Services” means services requiring specialized knowledge or expertise provided by outside consultants/ contractors exercising independent judgment which are generally characterized as a profession rather than a business, industry, occupation, or trade. Professional services include technical and consultant services which typically include providing analysis, design, ideas, information or reports.

10. “Purchase Cost” means the total cost for the item(s) or service purchased including taxes, shipping costs and other fees, and contingencies.

11. “Request for Proposals” (RFP) means a document prepared by the District outlining the terms, conditions and specifications of the services required by the District and requesting proposals from consultants to provide those services.

12. “Request for Qualifications” (RFQ) means a document prepared by the District requesting a written “Statement of Qualifications” (SOQ) from consultants outlining the professional’s qualifications, relevant experience, staffing and support and hourly rates.

13. “Responsible Bidder” means the bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform in accordance with the requirements identified in the solicitation.

14. “Responsive Bidder” means the bidder who has submitted a bid/quote in accordance with the requirements of the solicitation and this Policy, such that the District’s acceptance of the bid legally binds the bidder to perform. The District shall have the right to waive minor irregularities in a bid, and find it to be responsive, only if the irregularities are non-material and inconsequential.

D. BOARD OF DIRECTORS APPROVAL REQUIRED

1. Approval of the Board of Directors is required in the following conditions:

a. All contracts for services, maintenance contracts, or construction contracts with a purchase cost exceeding $50,000. Contracts shall include the full scope of supplies, materials, equipment, labor or services reasonably anticipated for the project, program or annual service agreements and shall not be split into smaller units for the purpose of circumvention of this Policy.

Proposed 5/17/16 9 112

b. Multi-year purchase agreements and contracts exceeding $50,000 per fiscal year. However, subsequent-year renewals will not require additional Board of Directors approval provided funds for such renewals have been appropriated in the corresponding year’s budget. Multi-year agreements and contracts are limited to no more than five (5) years. Board of Directors re- authorization must be obtained after the five-year contract period.

2. Rejection - In cases where all bids for a construction or maintenance contract are rejected, the Board of Directors may authorize staff to modify the specifications to revise the scope of work or other requirements, or by a five- sevenths vote may authorize staff to purchase the materials or supplies in the open market, or to complete the work with District personnel and equipment in conformance with the specifications.

3. Signature - Agreements, contracts and conveyances which have been approved by Resolution of the Board of Directors shall be signed by the General Manager or designee when specifically so delegated in the Resolution. In all other cases, the Board President shall sign on behalf of the District and the Clerk of the Board shall countersign and affix the seal of the District.

E. GENERAL MANAGER AUTHORITY

The General Manager is authorized to have prepared a proposed agreement, contract, specification, or other description of work and to obtain competitive bids or a negotiated agreement for any supplies, materials, equipment, labor and services provided for in a fiscal year budget or by other action of the Board of Directors. Agreements or contracts not requiring Board of Directors approval may be approved or rejected by the General Manager.

1. The General Manager is authorized to enter into contracts or agreements for amounts not exceeding $50,000.

2. The General Manager has delegated approval to enter into contracts or agreements for amounts not exceeding $25,000 to Assistant General Managers.

3. The General Manager has delegated approval to enter into contracts or agreements for amounts not exceeding $10,000 to Departmental Chiefs, with approval of that delegation by the Assistant General Manager of that Department.

The General Manager is also authorized to enter into contracts or agreements in amounts over $50,000 in cases where the agreement or contract pertains to a District emergency. Such agreements or contracts will be presented to the Board of Directors for ratification within 30 days of the General Manager’s approval.

Proposed 5/17/16 9 113

F. COMPETITIVE BIDDING FOR NON-MAINTENANCE AND NON-CONSTRUCTION RELATED PURCHASES

For the purchase of equipment, supplies, materials, labor, services or other valuable consideration (excluding professional services) for non-maintenance and non- construction related purchases, the following process shall be followed:

1. Solicitation of advertised bids for expenditures exceeding $50,000:

a. When the purchase cost is expected to exceed $50,000, a formal bid is required, and the contract must be approved by the Board of Directors. Staff shall attempt to solicit formal bids from a minimum of three bidders.

b. The contract shall be awarded to the lowest responsible, responsive bidder, after advertising bids, unless the low bid is rejected as provided by applicable state law or as otherwise provided in this Policy.

2. Solicitation of informal bids for expenditures exceeding $10,000 but not exceeding $50,000:

a. When the purchase cost is expected to exceed $10,000 up to $50,000, staff shall attempt to solicit a minimum of three informal bids. If obtaining three bids is not feasible, a written explanation must be submitted to the General Manager.

b. The contract shall be awarded to the lowest responsible, responsive bidder, unless the low bid is rejected as provided by applicable state law or as otherwise provided in this Policy.

c. All purchases expected to exceed $10,000 up to $25,000 require approval of the Assistant General Manager. All purchases exceeding $25,000 but not exceeding $50,000 require approval of the General Manager.

3. Direct negotiation for contracts not exceeding $10,000:

a. When the purchase cost is not expected to exceed $10,000, written cost quotations are not required. However, competitive cost information should be obtained whenever feasible.

b. Staff may negotiate a contract directly with the recommended contractor.

c. All purchases equal to or less than $10,000 require approval of an authorized Departmental Chief or pursuant to Finance Department procedures.

Proposed 5/17/16 9 114

G. COMPETITIVE BIDDING FOR MAINTENANCE AND CONSTRUCTION PROJECTS

For the purchase of supplies, materials, labor, or other valuable consideration (excluding professional services and general services) for maintenance and construction projects, the following process shall be followed:

4. Solicitation of formal advertised bids for expenditures exceeding $50,000:

b. The contract shall be awarded to the lowest responsible, responsive bidder, after notice inviting bids, published in a newspaper in the District at least one week before the time of receiving bids, unless the low bid is rejected by the Board of Directors as provided by applicable state law or as otherwise provided in this Policy.

5. Solicitation of informal bids for expenditures exceeding $10,000 but not exceeding $50,000:

b. The contract shall be awarded to the lowest responsible, responsive bidder, unless the low bid is rejected as provided by applicable state law or as otherwise provided in this Policy.

6. Direct negotiation for contracts not exceeding $10,000:

a. When the purchase cost is not expected to exceed $10,000, written cost quotations are not required. However, competitive cost information should be obtained whenever feasible.

b. Staff may negotiate a contract directly with the recommended contractor.

c. All purchases equal to or less than $10,000 require approval of an authorized Departmental Chief or pursuant to Finance Department procedures.

Proposed 5/17/16 9 115

H. EXCEPTIONS TO PURCHASING REQUIREMENTS

Bidding, formal or informal, for the purchase of equipment, supplies, materials, services, or labor for any purpose may be dispensed with in the following situations:

1. Emergency Purchases - when emergency conditions require the immediate purchase of supplies, materials, equipment, labor and services. Staff members shall prepare and submit with the purchase requisition a memorandum reciting the facts which constitute the “emergency” situation. The General Manager shall provide the Board of Directors with a report summarizing all expenditures made and contracts executed in response to the emergency condition within 30 days of the emergency purchase.

2. Volunteer Projects – projects accomplished with volunteer help.

3. Sole Source Supplier – when the supplies, materials, equipment, labor and services are unique, available only from one source, or are sought to match existing goods already in use. Staff members shall prepare and submit with the purchase requisition a memorandum reciting the facts which constitute the “sole source” situation. The sole source justification request shall be reviewed and approved by District Counsel and the Assistant General Manager.

4. Insufficient bids received – when after a reasonable attempt has been made to obtain formal or informal bids and it has been determined that three bids cannot be obtained, or if it is in the best interest of the District under the specific circumstances, to limit the number of bids or proposals solicited. The basis for such action shall be documented in writing and approved by the General Manager. When Board of Directors approval is required, the documented basis for such action shall be included in the report to the Board of Directors.

I. PROFESSIONAL SERVICES

Professional consultant services are of a technical and professional nature, and due to the nature of the services to be provided, do not readily fall within the “low bid” competitive bidding process. In addition, state law requires that selection of professional consultants in the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consulting be made on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable.

Professional services shall be procured in accordance with the following process:

Proposed 5/17/16 9 116

1. Professional services contracts and agreements exceeding $50,000:

a. Staff shall prepare a Request for Qualifications (RFQ) and/or Request for Proposals (RFP) describing the general scope of work to be performed, and the process for consultant selection. Staff may either prepare a combined RFQ/RFP, or a stand-alone RFP.

b. The RFQ/RFP shall be distributed to any interested consultant and posted on the District website. A minimum of three (3) qualified firms or individuals shall be invited to submit qualifications and/or proposals. The General Manager shall take affirmative steps to reach out to historically disadvantaged businesses (e.g., MBE, WBE, SBE) to inform them of these contracting opportunities.

c. Following receipt of the Statement of Qualifications (SOQs) and/or proposals from the prospective consultants, staff will screen and evaluate the SOQs and/or proposals, conduct interviews (if necessary), negotiate and prepare a final contract with the recommended consultant, and submit the contract to the Board of Directors for approval.

d. Selection of consultant shall be based upon demonstrated competence, the professional qualifications necessary for the performance of the required services and value to be provided.

2. Professional services contracts and agreements exceeding $25,000 but not exceeding $50,000:

a. Staff shall solicit in writing, written proposals from qualified consultants. Although not required, it is preferable that at least three proposals be solicited.

b. A full RFQ/RFP process described in section 1 above is not required.

c. A contract with the recommended consultant shall be submitted to the General Manager for approval.

3. For professional services contracts and agreements not exceeding $25,000:

a. Written proposals are not required.

b. Staff may negotiate a contract directly with the recommended consultant.

c. A contract with the recommended consultant shall be submitted to the Division Assistant General Manager for approval, unless $10,000 or less which may be approved by an authorized Chief.

Proposed 5/17/16 9 117

4. General Manager Consultants:

a. The General Manager may retain consultants for the purpose of assisting the General Manager or for temporarily filling vacant positions which are provided for in the adopted budget, without using the process described in Sections 1 through 3 above.

J. CHANGE ORDERS OR CONTRACT AMENDMENTS

For purchases originally approved by the Board of Directors, staff is authorized to approve change orders or contract amendments provided that the net aggregate of all change orders or amendments to that contract, does not exceed fifteen percent (15%) of the contract price previously authorized by the Board of Directors, in accordance with the following:

1. Departmental Chiefs may authorize change orders up to the 10% level.

2. Assistant General Managers must approve all change orders between the 10% and 15% level.

3. Any change order in excess of 15% requires approval of the Board of Directors.

4. Any change order which increases the purchase cost to the level requiring approval of the Board of Directors must be approved in advance by the Board of Directors.

For purchases not originally approved by the Board of Directors, change orders and contract amendments will be approved pursuant to Finance Department procedures.

K. PURCHASING FOR OTHER SERVICES AND SUPPLIES

The following purchases do not require formal or informal solicitation of bids or requests for proposals:

1. Cooperative Purchasing – when cooperative purchasing agreements are available with other public agencies (e.g. the State of California, counties, cities, schools or other special districts), to purchase goods or services at a price established by that agency through a competitive bidding process. For purchases exceeding $50,000, approval of the Board of Directors is required. For purchases not exceeding $50,000, approval of the General Manager or as delegated in Section E. General Manager Authority is required.

2. Payments for utilities and postage, legal services and concessionaire reimbursements from their deposit accounts. These payments do not require approval by the Board of Directors.

Proposed 5/17/16 9 118 L. LEGAL REVIEW

District Counsel shall review all written agreements and contracts for form and legality. In addition, certain requests should be referred to District Counsel for opinion prior to making a decision not to go to bid, which include but are not limited to:

1. Sole source purchases.

2. Specialty building and structure renovations where plans and specifications cannot realistically be prepared and bid.

3. Projects where contractors do not normally do the specific type of work, i.e., hand-built trails, mine scaling, etc.

4. Items purchased in bulk, such as fuel, oil and tires.

Proposed 5/17/16 9 119

Page Left Blank Intentionally

120 AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

2. FINANCE AND MANAGEMENT SERVICES DIVISION

c. Authorization to Amend the 2016 Budget, Appropriate Funds and Close Measure WW Local Grant Program Projects (Margulici/Rasmussen/Auker)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize amendments to the 2016 Local Grant project budgets and the appropriation of additional funds for the Measure WW Local Grant Program payments to other agencies. The General Manager further recommends the formal closure of several completed Local Grant Projects.

REVENUE/COST

This action will increase individual Local Grant Project budgets by $9,894,830, bring the total appropriation of Measure WW Local Grant funds to $118,867,631 as indicated on Attachment 1. The total amount of local grant funds allocated in Measure WW was $125 million, therefore we have appropriated approximately 95.09% of the funds available for the program. The table below reflects the Measure WW local grant program funding history:

Year Amount Appropriated/ Cash Paid per Year Net Approved Grants 2009 $ 28,632,536 $137,016 2010 26,462,936 10,637,468 2011 15,430,807 13,704,471 2012 9,529,387 13,097,891 2013 12,786,889 11,763,573 2014 8,778,155 11,217,590 2015 7,352,091 6,051,090 2016 9,894,830 2,240,297 TOTAL $118,867,631 $68,849,396

BACKGROUND

On November 4, 2008, the voters of Alameda and Contra Costa counties approved Measure WW:

121 Regional Open Space Wildlife, Shoreline and Parks Bond Extension. Of the $500 million bond extension, $125 million (25%) of the bond proceeds are allocated to local agencies to fund park and recreation projects. The Measure WW Local Grant Program Procedural Guidelines, approved by the Board on January 13, 2009 (Resolution 2009-1-011), established the policies and procedures under which the District would reimburse agencies for eligible expenses on local parks and recreation projects. On January 13, 2009, (Resolution 2009-1-016), the Board of Directors approved a resolution of intention which authorizes the reimbursement of expenditures from future bond proceeds, including such incurred pursuant to the establishment of the Measure WW Local Grant program.

Annually the District announces the Local Grant application period. Prior to the March 31, 2016 Measure WW Local Grant Program application deadline, the District received twenty-six (26) project applications. Staff has reviewed these applications and recommends the appropriation of $6,447,704.92 to fund these twenty-six (26) projects (see Attachment 1). In addition, the City of Alameda, El Cerrito and Hayward Area Recreation & Park District requested budget increases for four (4) projects valued at $3,447,125.22 (see Attachment 1). This request does not include an additional request for administrative costs. To date the District has appropriated $2,623,593.96 for administration based on the percentage of Local Grant Funds approved, but has only expended $1,689,682.78.

The District also performs a project closure process annually. By the end of 2015, thirty-three (33) additional WW Local Grant Program projects have been completed by Local Agencies. This action proposes closure of these projects (Attachment 2).

As noted above, this action to approve the applications from other jurisdictions and appropriate new local grants is authorized by the resolution of intention that provides, should reimbursement requests exceed current bond proceeds, for the reimbursement of such expenses from future bond sales. Due to the long construction periods anticipated for capital construction projects, reimbursement requests for local grant projects are expected to come in over several years, thereby spreading the cash flow requirements of the bond and allowing the District to plan and issue sufficient bonds to meet funding needs under the overall Measure WW authority. To date the District has disbursed $68,849,395.89 in funds for the Measure WW Local Grant Program.

Pending approval of this resolution, staff will continue their evaluation of the applications received and issue individual project application approval throughout the year once an application is found to be complete and in full conformance with the grant guidelines. If, during the final review of these projects, it is found that additional projects should be approved in excess of the appropriation currently recommended, staff will return to the Board for the appropriation of additional funds.

As per the program guidelines, agencies have the ability to select individual local parks and recreation projects for funding within the overall allocation of the program. This provision allows the transfer of the appropriated funds between project accounts without additional approval from this Board.

ALTERNATIVES

No alternatives are recommended.

122

EAST BAY REGIONAL PARK DISTRICT

RESOLUTION NO. : 2016 – 05 -

May 17, 2016

AUTHORIZATION TO AMEND THE 2016 BUDGET, APPROPRIATE FUNDS AND CLOSE MEASURE WW LOCAL GRANT PROGRAM PROJECTS

WHEREAS, on November 4, 2008, the voters in Alameda and Contra Costa counties approved Measure WW: Regional Open Space Wildlife, Shoreline and Parks Bond Extension; and

WHEREAS, of the $500 million bond extension, $125 million (25%) of the bond proceeds are allocated to the Local Grant Program to fund park and recreation projects of cities and other local communities; and

WHEREAS, on January 13, 2009 (Resolution 2009-1-011), the Board approved the Measure WW Local Grant Program Procedural Guidelines; and

WHEREAS, on January 13, 2009, (Resolution 2009-1-016) the Board of Directors approved a resolution of intention which authorizes the reimbursement of expenditures, including such incurred pursuant to the establishment of the Measure WW Local Grant program, from future bond proceeds, and

WHEREAS, the District received twenty-six (26) project applications from local agencies prior to the March 31, 2016 application deadline; and

WHEREAS, staff has reviewed these applications and recommends the appropriation of $6,447,704.92 to fund twenty-six (26) of these projects and recommends budget increases for four (4) projects valued at $3,447,125.22 in 2016 Measure WW Local Grant Funds; and

WHEREAS, local agencies have completed thirty-three (33) Measure WW Local Grant Program project;

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

1. Appropriates $9,894,830.14 for Measure WW, grants to other agencies, in various project budgets as described in Attachment 1, bring the total appropriation of Measure WW Local Grant funds to $118,867,631.49; and

2. Formally closes thirty-three (33) Measure WW Local Grant Program projects as described in Attachment 2; and

123 3. Authorizes the adjustment of budgets and transfer of funds between WW Local Grant projects accounts within the total amount granted each agency and within the total appropriation authorized by this resolution, without additional approval from this Board; 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 to accomplish the intentions of this resolution.

Moved by Director , seconded by Director , and adopted this 17th day of May, 2016, by the following vote:

FOR:

AGAINST: ABSTAIN: ABSENT:

124 Attachment 1

ABCDEFG 1 2016 Applications Recommended to continue in the Approval Process Project Fund Project 2 Agency Project Name # Source Amount Memorial Park 3 Albany Improvements 310107 WL01 $ 135,000.00 Dartmouth Tot Lot 4 Albany Improvements 310108 WL01 $ 24,000.00

Albany Ohlone Greenway 5 Albany Improvements 310109 WL01 $ 381,000.00 Ocean View Park 6 Albany Improvements 310110 WL01 $ 9,127.26 Becky Temko Tot Park 7 Berkeley Renovation 310215 WL02 $ 130,000.00

The Circle and Fountain 8 Berkeley Walk Renovation 310216 WL02 $ 130,000.00 Berkeley Rose Garden 9 Berkeley Renovation Phase 1 310217 WL02 $ 325,000.00 Creekside Park Tennis 10 Brentwood Court Lighting 311506 WL15 $ 100,000.00

King Park and Apple Hill 11 Brentwood Park Shade Structures 311507 WL15 $ 54,000.00 Sunset Park Trail 12 Brentwood Connector 311508 WL15 $ 81,000.00 Meadow Homes Park 13 Concord Playground Installation 311724 WL17 $ 265,000.00

Ellis Lake Park Playground 14 Concord & Park Improvements 311725 WL17 $ 510,000.00 Fairmont Park 15 El Cerrito Improvements Phase 1 311907 WL19 $ 359,093.48 Hillside Nature Area Trail Entry and Signage 16 El Cerrito Improvements Phase 1 311908 WL19 $ 48,000.00 Rowell Ranch Rodeo Park 17 HARD New Well Project 311230 WL12 $ 75,000.00 Kensington Community 18 Kensington Center 314202 WL42 $ 158,358.00 Allendale Recreation 19 Oakland Center Remodel 310728 WL07 $ 500,000.00 Wilder Park Artificial Turf 20 Orinda Field 4 312502 WL25 $ 148,802.20 Siempre Verdi Park 21 San Leandro Rehabilitation 311011 WL10 $ 14,323.98 Unincorporated Iron Horse Corridor 22 Contra Costa Improvements 314501 WL45 $ 600,000.00

125 Attachment 1

ABCDEFG Project Fund Project 2 Agency Project Name # Source Amount Unincorporated 23 Contra Costa Pacheco Creekside Trail 314502 WL45 $ 50,000.00 Unincorporated Tice Valley Pocket Park 24 Contra Costa and Pathway 314503 WL45 $ 600,000.00 Unincorporated Las Juntas Elementary 25 Contra Costa Playfield Renovation 314504 WL45 $ 550,000.00 Unincorporated Urban Tilth Roots and 26 Contra Costa Restoration Farm 314505 WL45 $ 500,000.00

Unincorporated Byron Union School 27 Contra Costa District Family Playground 314506 WL45 $ 600,000.00 Unincorporated 28 Contra Costa Mira Vista Fields 314507 WL45 $ 100,000.00 29 Sub-total $ 6,447,704.92 30 31 32 2016 Budget Increase Project Fund Current Budget 33 Agency Project Name # Source Amount Increase New Amount 34 Alameda Krusi Park Renovation 310001 WL00 $ 1,365,489.00 $ 227,425.22 $ 1,592,914.22 Huber Park 35 El Cerrito Improvements 311903 WL19 $ 174,000.00 $ 50,000.00 $ 224,000.00 36 HARD San Felipe HVAC 311221 WL12 $ 115,000.00 $ 36,500.00 $ 151,500.00 San Lorenzo Community 37 HARD Park 311225 WL12 $ 1,000,000.00 $ 3,133,200.00 $ 4,133,200.00 38 Sub-total $ 3,447,125.22 39

Total 40 Appropriation $ 9,894,830.14

126 Attachment 2

ABCDE 1 2016 Measure WW Local Grant - Project Closures Fund 2 Agency Project Name Project # Source Project Amount 3 Alameda Tillman Park Play Structure Replacement 310002 WL00 $ 42,773.00 4 Antioch Fishing Pier Pavilion 311405 WL14 $ 100,020.39 Grove Park Basketball Court Renovation (Project 5 Berkeley Cancelled) 310211 WL02 $ - 6 Brentwood City-Wide Parks Shade Project 311505 WL15 $ 331,850.12 ADA Barrier Removal @ Various Parks (Project 7 Concord Cancelled) 311723 WL17 $ - 8 Dublin Tennis Court Renovation 310303 WL03 $ 156,549.48 9 El Cerrito Hillside Natural Area - Madera Property Acquisition 311905 WL19 $ 120,348.50 Central Park Volleyball Court Conversion to Multi-Use 10 Fremont Courts 310511 WL05 $ 250,000.00

11 Fremont Karl Nordvik Community park Synthetic Turf Renovation 310514 WL05 $ 435,543.00 12 Green Valley Green Valley Pool Interior Fence and Gates 313302 WL33 $ 11,530.42 13 HARD Earl Warren ADA Restroom Replacement Project 311209 WL12 $ 257,947.40 14 HARD Meek Park ADA Restroom Replacement Project 311210 WL12 $ 260,428.35 15 HARD Morrisson Theatre ADA Restroom & Seating Project 311211 WL12 $ 378,075.87 16 HARD Valle Vista Park Property Acquisition Project 311212 WL12 $ 362,145.62 17 HARD Hampton Road Dog Park Project 311216 WL12 $ 247,651.46 18 HARD Birchfield Park ADA Restroom Replacement Project 311217 WL12 $ 225,000.00

19 HARD Hayward Plunge Swim Center ADA Restroom Upgrade 311219 WL12 $ 250,000.00 20 HARD Mervin Morris Park ADA Restroom 311220 WL12 $ 101,296.45 21 HARD Via Toledo Property Acquisition 311223 WL12 $ 146,674.84 22 HARD Arroyo Swim Center ADA Lifts (Project Cancelled) 311224 WL12 $ - Mission Blvd. at Valle Vista Land Acquisition (Project 23 HARD Cancelled) 311228 WL12 $ - 24 Martinez West Hill Farm Acquisition 312203 WL22 $ 262,500.00 25 Oakland Raimondi Park - Phase 1 310713 WL07 $ 221,069.89 26 Oakland Laurel Park (Project Cancelled) 310718 WL07 $ - 27 Oakland Zoo Giraffe Barn Construction 314601 WL46 $ 206,193.00 28 Oakley Creekside Park Phase 2 312401 WL24 $ 1,112,020.84 29 Oakley Civic Center Park Improvements 312402 WL24 $ 405,841.16 30 Richmond Marina Bay Park, Restroom 312912 WL29 $ 350,510.00 31 San Leandro Resurface Skate Park (Project Cancelled) 311009 WL10 $ - 32 San Ramon Richard Fahey Village Green Playground Renovation 313109 WL31 $ 96,766.13 33 San Ramon Old Ranch Park Playground Renovation 313110 WL31 $ 83,647.78 34 San Ramon Installation of Shade Structure - Old Ranch Park 313111 WL31 $ 18,389.92

35 Walnut Creek All Abilities Playground at Heather Farm Park 313202 WL32 $ 350,000.00 36 37 Total $ 6,784,773.62

127 BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 7, 2016

C. BUSINESS BEFORE THE BOARD

3. BOARD AND STAFF REPORTS

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

Port of Oakland — Bay Trail Improvements

On March 24th, 2016, the Oakland Board of Port Commissioners approved construction of waterfront improvements that will connect sections of the Bay Trail on Port property along the Oakland Estuary. The Board approved right of entry and construction access agreements for three separate Port-owned properties of land including the Crowley site, the Embarcadero Cove site, and the Livingston Street Pier site. A fourth site, located at 1835 Embarcadero Road, continues be refined and is expected to be approved soon. The trail segments will be constructed by the City of Oakland and funded by Measure DD.

Contra Costa County – Hemme Station Park

On May 10, 2016, the Contra Costa County Board of Supervisors approved the Hemme Station Park in the community of Alamo. The project is a new 0.7 acre neighborhood park located off of Hemme Avenue and located adjacent to the Iron Horse Trail. The new park would not provide parking and is expected to be used by the surrounding neighborhood and Iron Horse Trail users. The park will provide benches, a restroom, a trash can, a playground structure, and interpretive signage. Construction is expected to occur in 2016.

128 Event Calendar May - June 2016 Board Meeting Date: May 17, 2016

Date Day Time Event Location Sponsoring Organization Memorial Day 5/30/16 Monday 10 a.m. – 12:30 p.m. Open House Coyote Hills EBRPD Memorial Day 5/30/16 Monday 10 a.m. – 4 p.m. Free Admission Ardenwood EBRPD Memorial Day 5/30/16 Monday 10 a.m. – 4 p.m. Open House Crab Cove EBRPD EBRPD, Ca. Parks Co, Lake Chabot 50th RPF, Lake Chabot 6/4/16 Saturday 9 a.m. – 3 p.m. Anniversary Festival Lake Chabot Marina

6/5/16 Sunday 10 a.m. – 3:30 p.m. Butterfly & Bird Festival Coyote Hills EBRPD Alameda Rotary Club 6/10/16 Friday 5:30 – 7:30 p.m. Concert at the Cove Crab Cove & EBRPD Bayview Women's Club, EBRPD, Alameda Youth Committee and Sand Castle & Alameda Recreation 6/11/16 Saturday 9:00 a.m. – 1 p.m. Sculpture Contest Crown Beach and Park Department June 12, 19 & 26 Sundays 1 – 3 p.m. Historic Hay Harvest Ardenwood EBRPD

129 GM COMMENTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

4. GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION Chief of Maintenance and Skilled Trades Kelly Barrington will provide an update on the program to improve District service yards. The objective of the program is to systematically renovate existing facilities in order to provide staff with safe and efficient workspaces, utilizing funds set aside in the capital project for District-wide Service Yard Upgrades. There will be examples of projects completed to date, information on projects underway for 2016, and possible upcoming projects for subsequent years, based on available funding.

GM COMMENTS Retirements December 2015 through March 2016:

Doug Cantwell Park Supervisor II Temescal 29 years Mary Colbert Naturalist Sunol Center 31 years Kevin Fox Recreation Supervisor Community/Volunteer Programs 30 years Steve Myli Facilities Manager Office Services 34 years Audrey Som Design Manager Design 28 years Beth Stone GIS Analyst GIS Services Unit 28 years Karin Terry Office Specialist Police Administration 11 years Kenneth Wentworth Senior Equipment Mechanic Pacheco Corp Yard 20 years Kathleen Young Park Ranger II Contra Loma 28 years

PUBLIC SAFETY From March 17 to April 17, 2016 the Public Safety Division handled 930 service calls and 687 total incidents. Highlights are included below.

Police There were 44 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 318 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 335 field interviews (contacts without citations or arrests) and contacted 5 people on probation or parole to conduct compliance checks.

130  Anthony Chabot: On April 9, an officer responded to the report of a group smoking marijuana and firing a weapon at the range. The weapon was determined to be stolen out of Pinole and the suspect was arrested for this offense.

On April 16, an officer noticed a vehicle parked after curfew and contacted the occupants. The driver fled the staging area at a high rate of speed. The sergeant pursued the vehicle for a short period and ended the pursuit shortly after due to safety reasons. The driver may be charged with evading a peace officer and driving on a suspended license.

 Antioch Shoreline: On April 3, an officer was dispatched to the report of two people having sex in their vehicle. The officer cited both occupants and collected multiple possible stolen items from the vehicle.

 Crown Beach: On April 16, Eagle 6 and the Alameda Fire Department responded to a kite surfer in distress. The fire department used their boat to bring the kite surfer safely to land.

 Iron Horse Trail, Danville: On March 23, there were several reports of a subject riding a bicycle and attacking park users. Danville Police, EBRPD Police, and Contra Costa Sheriff’s deputies arrived on scene and were able to arrest the suspect.

 Iron Horse Trail, Dublin: On March 30, a sergeant attempted to contact a pedestrian who was walking against traffic and causing a disturbance. The pedestrian ignored the sergeant and ran away. After a brief foot pursuit, and assistance from a Dublin officer, the subject was arrested for resisting a peace officer. He also had an outstanding warrant for being an unlicensed driver.

 Lake Temescal: On April 12, a park user was bit on her leg by a feral cat. Medical aid was refused and a report was taken. On April 16, Eagle 6 and officers responded to the report of a park user who was punched in the face. The victim stated the suspect hit the side mirror of his vehicle and, after an altercation, punched the victim. The suspect was not located.

 Martin Luther King Shoreline: On April 3, an officer contacted the occupant of a vehicle for expired registration tags. The driver was slow to respond to questions and had heroin in her possession. She was arrested for possession of a controlled substance. On April 8, an officer responded to the report of theft from two District vehicles. A gas cap and lug nuts were stolen from the vehicles, and sometime overnight the hub caps were also removed. On April 10, an officer contacted the occupant of a vehicle for expired registration tags. The driver smelled of marijuana and a search of the vehicle turned up a loaded firearm, a switchblade knife, and a pill bottle with the label removed. The driver was arrested for a dangerous weapons offense and possession of non-prescribed controlled substance.

131  McLaughlin East Shore State Park: On March 28, officers and Berkeley Police responded to the report of a sexual assault. The suspect had fled but the victim knew the attacker and provided information to police. The suspect was arrested the following day and the investigation is ongoing.

 Roberts: On March 31, an officer was directed to a suspicious person standing at the entrance of the park. The subject was disheveled and appeared to be under the influence of a controlled substance. He was arrested and transported to jail for the suspected offense.

 Tilden: On April 2, an officer was dispatched to the report of a sexual assault. A brief investigation found the incident happened on UC Berkeley property and the case was transferred to the proper agency. On April 4, an officer contacted the driver of a vehicle for a curfew violation. The driver smelled of alcohol and admitted to drinking six beers. His blood alcohol content was over .08%. He was arrested for DUI and possession of methamphetamine.

Fire Operations  The weeks of March 21 – 25, and March 28 – April 1, were annual training weeks for fire staff. Each firefighter participated in one week of training. Training topics included; Large Animal Rescue Awareness, Hazmat First Responder Operations, Boat Training, Wildland Training, and Structure Fire Training. This year Richmond Fire taught a segment of the Structure Fire Training.

Medical  District fire staff responded to eight personal injuries, two medical emergencies, and one bike accident throughout the District.

Fire Fuels Management  District-wide: Staff worked with three goat grazing contractors to finalize their contracts and establish a grazing plan for the 2016 season.

 Tilden: Staff and crews burned brush piles as part of the Department’s on-going efforts to maintain fuel break areas and promote habitat for native species.

Fire staff and Napa California Conservation Corps crews continued the ladder fuel reduction project funded by a Western Wildland-Urban Interface grant.

Lifeguard Service  On March 17, staff taught a Blood Borne Pathogens class to park staff at the Safety Academy.

 On March 17, staff presented water safety classroom presentations at Marsh Elementary School in Antioch to approximately 180 students.

132  From March 17 – 19, staff attended the United States Lifesaving Association conference to contribute to the revision of the association’s textbook.

 On March 19, staff attended the Safe Kids event at the Oakland Coliseum. There were approximately 750 – 800 families in attendance. Lifeguard Service provided a booth with information on water safety and lifejacket use.

 On March 19, staff hosted the third and final Pre-Test Workshop for those interested in practicing for the new lifeguard test.

 On March 26, April 2, 9, and 10, new lifeguard tests were held at Roberts Pool. Approximately 110 applications were submitted and 70 applicants attended the testing day(s). Of those applicants, 53 passed the skill requirements and 44 were selected for the Lifeguard Academy.

 From March 28 – April 1, staff taught a lifeguard training course to 14 participants at Buchanan Swim Center in Pittsburg.

 On March 29 and 30, staff attended the Department of Boating and Waterways Aquatic Center Director’s Meeting in Sacramento.

 On April 4, staff presented at Richmond YMCA’s SPLASH Week to 180 kids and parents who learned water safety and lifesaving skills.

 On April 12, staff held its annual Pre-Season Operations meeting with park staff and supervisors.

 On April 16, staff attended the Community Safety Saturday event in San Ramon. There were over 125 kids and 50 adults in attendance. Lifeguard Service provided a booth with information on water safety and proper lifejacket use.

133 BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS

EAST BAY REGIONAL PARK DISTRICT

Tuesday, May 17, 2016

C. BUSINESS BEFORE THE BOARD

6. BOARD COMMITTEE REPORTS

a. Natural and Cultural Resources Committee (02/25/16) (Nisbet/Lane)

Committee Members: Beverly Lane, Diane Burgis (alt.)

EBRPD Staff: Bob Nisbet, Matt Graul, Caitlin Stone, Courtney Glettner, Liz Musbach, Michelle Hammond, Julie Bondurant, Raphael Breines, Anne Kassebaum, Bev Ortiz

A meeting of the Board Natural and Cultural Resources Committee was held on Thursday, February 25, at District Headquarters, 2950 Peralta Oaks Court, Oakland, CA. Chairperson Beverly Lane called the meeting to order at 12:43 p.m. The following is a summary of the items discussed:

1. Cultural Services Coordinator Update (Ortiz)

Cultural Services Coordinator Bev Ortiz shared details of a new, mandatory “Cultural Services and Park Operations” training for Park Supervisors, which focuses on District- wide historic and cultural resource issues, applicable state and federal laws, and District policies and procedures, with an afternoon in-field site monitoring, recording, and field finds component.

Chair Beverly Lane asked about the use of the word cultural in place of prehistory. Ms. Ortiz responded that in the Cultural Services Coordinator job description and state and federal law, “historic and cultural resources” is commonly used when referring to historic and Native resources, in part because of concerns expressed by Native people about the word “prehistory,” although “prehistory” and “archaeological sites” are still used in particular contexts. With the passage of AB52, the terminology “tribal cultural resources” has been added to CEQA. Director Burgess said it would helpful to define the changes in terminology.

Chair Lane asked how the Cultural Atlas is being used. Ms. Ortiz said that the data in the Atlas is used as part of the planning and implementation of a variety of District projects. Recent examples include: Point Pinole visitor center planning, Fuels Break

134 projects implementation, and plant surveys at Brooks Island. She will work closely with Kara Boettcher in GIS on updating the Atlas in the coming year.

2. Process for Evaluating Historical Structures (Musbach/Ortiz)

Land Acquisition Chief Liz Musbach outlined the process developed by Operations, Planning and Land staff in consultation with District Counsel for evaluating historic structures as part of the land acquisition process. Five recent acquisitions illustrating how this process works in practice were briefly reviewed: Clayton Radio at Clayton Ranch Regional Preserve, Camp Bertha at Ohlone Regional Wilderness Preserve, AUSD-Moller Ranch at Black Diamond Mines Regional Preserve, SMD-Hanson Ranch at Deer Valley Regional Park and the Nunn property at Delta Access Regional Recreation Area.

Director Lane inquired whether the decision goes to a Board Committee after the assessment. Ms. Musbach said approval is assumed after the money has been allocated for the assessment by the Board, but it is a good question to consider further. Senior Planner Raphael Breines followed up with a discussion regarding the demolition process and other analyses during the planning phase.

3. Wildcat Creek Riparian Restoration (Hammond)

Stewardship Chief Matt Graul introduced Temporary Botanist Michele Hammond, who has been working on the Wildcat Canyon Regional Park Santa Cruz Tarplant. Her presentation covered the history and gave a status update of the rare summer wildflower Santa Cruz tarplant, or Holocarpha macradenia. The Santa Cruz tarplant is considered to be one of the rarest and most protected plants within the District parkland. Santa Cruz tarplant seeds were introduced to Wildcat Canyon Regional Park by Neil Havlik in 1982, from a plant population that was about to be destroyed by development. The tarplant population has been successfully managed with cattle grazing for 34 years. Prescribed burning (2008) and accidental wildfires (1985) also helped to manage the Santa Cruz tarplant.

4. Future Agenda Items (Nisbet)

Stewardship Chief Matt Graul suggested that the May meeting could be a good time for viewing the blooming of Clarkia at Trudeau or a special field trip could be arranged if it blooms earlier. An update on permitting of District projects was requested by Director Lane for a future meeting. Heath Bartosh will be asked to give an update on the droughts effect on trees and his work on genetic analysis of native California Black Walnut trees for the August meeting. An update on the Western Pond Turtle study was also recommended for the August meeting. An update on Clapper rails and the Fisheries food web study at Del Valle was suggested for the November meeting.

135 5. Public Comment (Lane)

There was no public comment.

/s/ Cailtin Stone Chair Lane adjourned the meeting at 2:29 p.m.

136 NEWSCLIPS Swimming, Wading Okay Again at Lake Del Valle

Posted: Thursday, May 5, 2016 12:00 am

Swimming and wading are once again permitted at Lake Del Valle. However, visitors to the popular park south of Livermore should avoid getting lake water in their mouths, East Bay Regional Park District announced.

Swimming and wading had been prohibited at the lake since December because of the presence of toxic blue-green algae growths.

“Blue-green algae” refers to a range of algae and bacteria that live naturally in lakes and sometimes release toxic chemicals.

Why this happens is not clear, but the process is often associated with warm temperatures and stagnant waters.

The California Department of Public Health says the toxins have killed dogs in Humboldt County and sea otters in Monterey Bay. For people, the department warns of risks ranging from rashes and gastrointestinal upset to nerve and liver damage.

The toxins were first detected at Del Valle in December and found again in January but not since then, according to Hal MacLean, water management supervisor for the Park District.

Still, areas of algae growth are sometimes visible in the lake and could be blown into swim areas, he said.

He cautioned swimmers and waders to stay away from algae patches and to avoid getting lake water in their mouths.

Del Valle Regional Park is managed by East Bay Regional Park District for the State of California.

137 Park It by Ned MacKay: No more smoking in the Regional Parks | May 4, 2016 | As has been widely reported, East Bay Regional Park District’s Board of Directors has approved a ban on smoking in the regional parklands.

The new rule allows smoking only in overnight campsites and nowhere else. It is in effect now.

The board acted at the request of Save the Bay as a way of reducing cigarette butt litter and promote a healthier environment for park visitors. Countless cigarette butts wash into San Francisco Bay annually, and they contain chemicals harmful to wildlife and water quality.

The board also approved several other changes to Ordinance 38, the set of rules that apply in parklands. One clarification adds the word “drone” to the ordinance section that bans motorized model airplanes. Drones can be annoying to park visitors, disruptive to wildlife, and dangerous to aircraft including the district’s police helicopters.

In another change, the board opened some regional park single-track trails to bicycles. Bikes are now allowed on the Warep, Two Peaks, Goldfinch and Tree Frog Loop trails at Crockett Hills in Crockett, the Vollmer Peak Trail at Tilden Park near Berkeley, the Tassajara Ridge Trail in Dublin, the Ridgeline Trail at Pleasanton Ridge in Pleasanton, and several trails at Anthony Chabot Regional Park in the Oakland hills: the Towhee, Red Tail, MacDonald Trail to Grass Valley Trail and Grass Valley Trail to Bort Meadow.

* * *

You may remember the songbird Pointer Sisters. Well, three other famous “sisters” are corn, beans and squash, a staple of some Native American diets. The three will be planted together during a program from 3 to 4 p.m. on Saturday, May 7 at the Environmental Education Center Kids Garden in Tilden Nature Area near Berkeley.

Then from 10 a.m. to noon on Sunday, May 8, there’s a program designed especially for people with developmental disabilities and their friends. Naturalist James Wilson will lead a half-mile walk to Jewel Lake and back in search of deer, frogs, banana slugs and aromatic plants.

138 And there’s more. James will lead a goat hike from 2 to 3 p.m. and again from 3:30 to 4:30 p.m. on Sunday, May 8 at Tilden’s Little Farm. The goats will get some exercise, and James will talk about the historic connection between goats and people.

All three programs are free of charge, but registration is required for the Jewel Lake walk. To register, call 888-327-2757, select option 2, and refer to program number 13080.

The center and farm are located at the north end of Tilden’s Central Park Drive. For general information, call 510-544-2233.

* * *

Black Diamond Mines Regional Preserve in Antioch will celebrate Mother’s Day with a mine open house from noon to 4:30 p.m. on Sunday, May 8. Visitors ages seven and older can take a free, self-guided tour through the park’s 1930s-era Hazel-Atlas silica sand mine. All ages are welcome in the nearby underground Greathouse Visitor Center.

Black Diamond Mines is located on Somersville Road, 3½ miles south of Highway 4. There’s a parking fee of $5 per vehicle. For information, call 888-327- 2757, ext. 2750.

* * *

At Big Break Regional Shoreline in Oakley, there’s a Delta Discoveries program from 11 a.m. to 2 p.m. every Saturday and Sunday. Drop by to enjoy hands-on arts and crafts activities highlighting the Delta environment.

Or you can help the naturalist test the water from 9 to 10 a.m. every Saturday and Sunday. Results are added to a regional database for use by scientists and water managers.

Early risers will enjoy the park’s dawn chorus yoga from 7 to 8 a.m. on Saturday, May 7. It’s a yoga session followed by a short walk to see the park’s awakening. Wear warm, comfortable clothes and bring a yoga mat if you have one.

Mother’s Day will be celebrated at Big Break in a program from 2 to 3 p.m. Sunday, May 8. Paint a flower pot and plant a special flower for Mom.

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

* * *

There’s a spring stroll scheduled from 10 a.m. to 12:30 p.m. Saturday, May 7 at Pine Creek in Castle Rock Regional Recreation Area.

139 Naturalist Kevin Dixon will lead a walk along the creek with stops to admire spring blooms.

Bring something for brunch on the trail; meet at the Orchard Staging Area on Castle Rock Road in Walnut Creek. For information, call 888-327-2757, ext. 2750.

* * *

Mother’s Day will be celebrated with a “Moms on the Mudflat” program from 9:30 to 11 a.m. Sunday, May 8 at Crab Cove Visitor Center in Alameda, led by naturalist Morgan Dill. Bring your mud boots to learn what crabs, lugworms and other moms are doing to help their young survive.

Crab Cove is at 1252 McKay Ave. off Central Avenue. Call 510-544-3187 for information.

140

Fremont: New park with panoramic views unveiled By Denis Cuff, @bayareanewsgroup.com

MAY 4, 2016 FREMONT -- The first new East Bay Regional park in six years opens Thursday in the hills between Fremont and Sunol with sweeping views of San Francisco Bay, six new miles of trails, and places for future trail connections to several parks.

The $8 million Vargas Plateau Regional Park has 1,249 acres of rolling hills and wooded canyons on a 1,000-foot-elevation plateau with scenic places to hike, run, and ride mountain bikes and horses. East Bay Regional Park District officials call their 66th park an environmental gem with kinder, less steep trails than nearby Mission Peak Regional Park. "Vargas Plateau has spectacular views. You can see San Francisco Bay, the San Jose salt flats in one direction and the ridges in Sunol and Pleasanton to the east," said Bob Doyle, the regional park district general manager. "It is a great place for whole families to ride mountain bikes because the trails are on gently rolling hills." As he toured the park Wednesday, a golden eagle soared above the undulating grasslands where cattle have grazed since the 1800s. Vargas Plateau Park is not adjacent to other regional parks. However, the park district hopes to establish trails to connect Vargas Plateau with several other regional parks above Fremont, Newark, Pleasanton, Sunol, and Castro Valley -- as well as a trail being considered through or above Niles Canyon. Vargas park has two new miles of the Bay Area Ridge Trail, a partially complete 550-mile path on ridges around San Francisco Bay. Bern Smith, a trail and mountain advocate, said he's stoked by the prospect that cyclists some day will be able to ride long distances on trails connecting Vargas Plateau, Garin, Mission Peak, Pleasanton Ridge and other parks. "Opening Vargas Plateau is a good step," Smith said, "but what I really look forward to is taking long rides through several parks."

141 Vargas Plateau has been a long time coming. It took longer to open -- 20 years -- than any regional park that district officials can recall.

The delay is a painful reminder of the obstacles the park agency faces as it continues to buy more land but struggles with providing access to it.

The park district bought much of Vargas Plateau land in 1996, but public access was delayed for two decades in part due to opposition and a 2008 lawsuit by two neighbors over parking and traffic on the narrow, sparsely populated roads leading to the park.

In a 2012 legal settlement, park officials agreed to widen stretches of Vargas Road, trim roadside vegetation, and limit the park entrance to a parking lot with space for no more than 25 vehicles.

A view of the city of Fremont from the new Vargas Plateau Regional Park in Fremont, Calif., on Wednesday, May 4, 2016. (Anda Chu / Bay Area News Group) No parking is allowed on narrow roads leading to the park.

"It's very disappointing that after we purchase park land, it takes so long to open parks," said Dennis Waespi, a park board member from Castro Valley. "But we have to be a good neighbors. We have to provide safe access. We have to do environmental planning."

Doyle said the opening also took time because the district had to do extra habitat improvements for the California salamander after it received new state threatened species protections. Park officials also had to do environmental reviews for a park land use plan.

Kelly Abreu of Fremont, a member of the Mission Peak Conservancy, said the park district overpromised in saying it would open the park years earlier than it did.

"They have all this money to buy new park land," Abreu said, "but they should place a higher priority on opening it to the public. 142 Vargas Road. You then drive on Vargas about 2 miles to Morrison Canyon Road. Turn and drive a short distance to a new parking lot that will hold 25 vehicles.

From there, it’s a 1.2-mile walk through the hills to the park’s hilltop lookout.

Vargas Plateau is very pretty right now as spring is in full bloom. The landscape has grassy foothills peppered with wildflowers and a few groves of oaks. There’s also a series of tiny ponds and, in ravines, three hidden creeks.

Carolyn Jones of East Bay Parks said it’s a key piece of land in the continuing mission to connect parks and protect ridgetops from construction. The new park is very close to Garin and Pleasanton Ridge regional parks, Mission Peak Regional Preserve, Quarry Lakes Regional Recreation Area and watershed land around San Antonio Reservoir. Contiguous wildlands provide wildlife habitat.

For years, I kept an old car stashed at Palo Alto Airport and, when flying in, often would take the Dumbarton approach. Hundreds of times at Niles Canyon, just off the left wing, you could see this expanse of foothills and think, “That could be a park.” Now it is. And on Thursday, it will open to the public.

Trail map at www.ebparks.org/parks/vargas. Tom Stienstra is The San Francisco Chronicle’s outdoors writer. Email: [email protected]: @StienstraTom

143

Outdoor Summer Camps for Kids and Leaders in Training

By Post Staff Posted April 29, 2016 9:39 am

The East Bay Regional Park District is offering outdoor day camps for kids and youth at a number of convenient locations.

Park’N It Day Camp takes place in a different Regional Park each week, and offers hiking, fishing, arts & crafts, sports, environmental education, and swimming. This camp is designed for children ages 5 to 12.

Camp is just $200 for Alameda and Contra Costa residents. Enjoy hands-on experience under the care of the Park District’s highly trained staff of recreation leaders, lifeguards, and naturalists.

Teens who enjoy being outdoors and likes working with teens can work with other teens in supervising young day campers and leading games, all while learning about careers in parks and recreation.

Leaders-in-Training receive a hoodie, T-shirt, 35 community service hours, and a gift card with the successful completion of a weeklong session. Youth must apply, and there is a $50 registration fee.

Dates and locations for Park’n It Day Camp 2016

June 13-17, Temescal Regional Recreation Area, Oakland. June 20-24, Temescal Regional Recreation Area, Oakland. June 27-July 1, Don Castro Regional Recreation Area, Hayward. July 4-8, Contra Loma Regional Park, Antioch. 144 July 25-29, Miller Knox Regional Shoreline, Richmond. August 1-5, Ardenwood Historic Farm, Fremont.

Leaders-in-Training dates July 11-15, Regional Parks near Concord with our community partner, Monument Crisis Center, Concord. July 18-22, Regional Parks near Richmond with our community partner, YES Nature-to-Neighborhoods, Richmond

Learn more and register online at www.ebparks.org/park-n-it or call 1 (888) 327- 2757, option 2.

Financial aid is available.

145

EBRPD Program Partners Recognized Posted: Thursday, April 28, 2016 12:00 am

The East Bay Regional Park District and program partners were recognized at the annual California Parks & Recreation Society conference, held in Long Beach, California, March 8 – 11, 2016.

The Park District’s Teen Eco Action program received an award for Youth Development in the category, “Creating Community.” The Teen Eco Action program was created in 2007 to engage underserved youth in healthy, active outdoor activities and community service. Skill-building activities, service learning, and career talks are woven throughout the week, which also includes environmental education and recreation. Throughout the program, the Park District works in partnership with community-based organizations. Teen Eco Action is supported by a grant from the Regional Parks Foundation.

Dr. Nooshin Razani from UCSF Benioff Children’s Hospital Oakland and Dr. Curtis Chan from San Francisco Department of Public Health were recognized as Champions of the Community for their work creating a Park Prescription (Park Rx) program in the Bay Area. The doctors were nominated by the Park District for their commitment to integrating nature into the health care system. Drs. Razani and Chan were involved in the creation of the Healthy Parks Healthy People Bay Area coalition, and created the Parks Rx program for health providers.

The East Bay Regional Park District has partnered with UCSF Benioff Oakland and the Regional Parks Foundation to provide a Park Rx program serving over 500 patients to date. Participants in the program, known as SHINE (Stay Healthy in Nature Every Day), are provided with free transportation to a Regional Park, including a healthful lunch and outdoor activities.

146

Take a Stroll Around Coyote Hills Regional Park in Fremont

By Chas Blackford on April 25, 2016 12:00 PM

View of the San Francisco Bay from the Coyote Hills. (photo by Marc Palaez via Flicker Creative Commons) Rising rather dramatically from the shoreline of the San Francisco Bay, just north of the Dumbarton Bridge, the Coyote Hills are a local jewel hidden in plain sight. While most people enjoy the hills from afar, this popular regional park is worthy of an up close look. Over one thousand acres provide a varied terrain that’s suitable for numerous activities including hiking, cycling and bird-watching. The eastern shore abuts the former salt evaporation ponds that now comprise the Don Edwards San Francisco Bay National Wildlife Refuge.

How to Get There Coyote Hills Regional Park is situated at 8000 Patterson Ranch Road, Fremont. The main entrance is at the west end of the Patterson Ranch Road and Commerce Drive intersection in Fremont. From I- 880, take Highway 84 west, exit at Paseo Padre Parkway, turn right, and drive north about one mile. Then turn left on Patterson Ranch Road. This is the park's 147 entrance road and will take you to the picnic areas and visitor center. Parking fees may apply; free parking is available on Commerce Drive. The Hike 1. Starting on Commerce drive, head west on Patterson Ranch Road for 0.6 miles. 2. Next take the Chochenyo Trail to the right through the marsh. 3. At the 1.1 mile point you’ll pass the site of a Native American Ohlone village calledTuibun (there are exhibits in the visitor’s center that are worth checking out). 4. Head west, enjoying your growing proximity to the hills themselves. 5. Rejoin Patterson Ranch Road and head north (to your right; 1.7 miles). 6. You’ll pass the visitor center, picnic tables, restrooms and water. 7. Take the paved path (the Bayview Trail) as you leave the parking area. 8. As the trail ascends a bit higher, admire beautiful views of the marsh and Alameda Creek. 9. At the 2.6 mile point you’ll turn west and take in the panoramic view of the lower San Francisco Bay. 10. The trail turns directly south and the views intensify. 11. When the trail turns away from the bay look for the intersection with the Apay Way Trail (4.4 miles). 12. Continue straight on the Bayview Trail as you skirt along South Marsh. 13. After 4.8 miles, a parking area with restrooms comes into view. 14. Turn right on Patterson Ranch Road to return to your vehicle.

What You’ll See Wild turkeys and shorebirds such as snowy egrets abound. In the evening keep your eyes peeled for a fox, a coyote or even a mountain lion. Wildflowers are rampant in the spring, as are golden poppies and lupine. More park information here.

148

East Bay Regional Park District Paved Trails Hit flat and accessible park district pathways and trails for easy bicycling.

Crown Memorial State Park

PHOTO BY PAT MAZZERA East Bay residents are lucky to have so many parks within the East Bay Regional Park District, which maintains a sprawling system of paved trails. Most are fairly flat with easy access and thus make for gentle bike rides. Here’s the 411 on some paved regional trails worth pedaling. Find maps and more details at www.EBPARKS.org/activities/biking/paved.

Alameda Creek Regional Trail, Fremont: A double trail along Alameda Creek from Niles Canyon to the bay. The 11-mile trail on the southern bank is good for bicycles. Alamo Canal Regional Trail, Dublin: This trail goes from the Iron Horse Trail in Dublin, just south of Amador Valley Road, to Interstate 580 near the Civic Center and Library. At the library, it connects to the Centennial Trail and continues south about 1.75 miles to the Arroyo Mocho Trail just south of West Las Positas Boulevard and southward to the Arroyo Del Valle Trail. Big Break Regional Trail, Oakley: A 2.75-mile portion is complete from the Marsh Creek Regional Trail west to Big Break Road in Oakley and provides access to the visitor center and views of the delta.

149 Contra Costa Canal Regional Trail, Contra Costa County: This 13.5-mile trail connects Martinez, Pleasant Hill, Walnut Creek, and Concord. From Muir Road in Martinez to Concord at Willow Pass Road east of Sixth Street, it follows the Contra Costa Canal and intersects the Iron Horse Trail in Walnut Creek. Coyote Hills Bayview Trail, Fremont: This 4-mile loop with rolling hills circles the park along San Francisco Bay at the Don Edwards San Francisco Bay National Wildlife Refuge. Crown Memorial State Beach, Alameda: Follow the shoreline on this a 2.5-mile trail that hooks up with a bicycle drawbridge onto Bay Farm Island. Delta de Anza Regional Trail, East Contra Costa County: This is a 19-mile trail that links Concord, Bay Point, Pittsburg, Antioch, and Oakley, and a good starting point is Antioch Community Park in Antioch. Iron Horse Regional Trail: This 26-mile gem, complete with mild rolling hills, ties together Pleasanton, Dublin, San Ramon, Danville, Walnut Creek, Pleasant Hill, and Concord passing over creek sand pedestrian bridges. Lafayette-Moraga Regional Trail: This popular 7.7-mile trail parallels St. Mary’s Road through Moraga and into Lafayette. Its western terminus is at EBMUD’s Valle Vista staging area. It continues northeast to a staging area at Pleasant Hill Road and Olympic Boulevard in Lafayette. Marsh Creek Regional Trail, East Contra Costa County: This 9.2-mile trail connects Brentwood and Oakley and goes from Concord Avenue in Brentwood north through Creekside Park onto Big Break Regional Trail and the Big Break shoreline in Oakley. Redwood Regional Park, Oakland: A mile through a beautiful redwood forest near the Canyon Meadow Staging Area (Redwood Gate entrance). It’s a 2-mile out-and-back along the Stream Trail.

The San Francisco Bay Trail Eastshore State Park, Richmond: This section is 2.5 miles along the Hoffman Marsh from Marina Bay in Richmond to Central Avenue near Point Isabel. Martin Luther King Regional Shoreline, Oakland: There are more than 5 miles of trails along San Leandro Bay, San Leandro Creek, and Arrowhead Marsh. Oyster Bay, San Leandro: A 2-mile trail circles the park at the end of Neptune Drive off Marina Boulevard.

150 Hayward Regional Shoreline, Hayward: More than 7 miles of compacted gravel walkways. Follow the S.F. Bay Trail from the staging area at the end of Grant Avenue to Hayward Shoreline Interpretive Center (about 5 miles one way).

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