Board of Directors. Board Meeting Packet

Transcription

1 Board of Directors Board Meeting Packet June 20, 2017

2 Clerk of the Board YOLANDE BARIAL KNIGHT (510) PH (510) FAX East Bay Regional Park District Board of Directors BEVERLY LANE President - Ward 6 DENNIS WAESPI Vice President - Ward 3 AYN WIESKAMP Treasurer - Ward 5 ELLEN CORBETT Secretary - Ward 4 WHITNEY DOTSON Ward 1 DEE ROSARIO Ward 2 COLIN COFFEY Ward 7 ROBERT E. DOYLE General Manager MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT NOTE CHANGE OF LOCATION The Regular Session of the JUNE 20, 2017 Board Meeting is scheduled to commence at 2:00 p.m. at: Big Break Visitor Center at the Delta Big Break Regional Shoreline 69 Big Break Road, Oakley Respectfully submitted, ROBERT E. DOYLE General Manager P.O. Box Peralta Oaks Court Oakland, CA (888) MAIN (510) TDD (510) FAX

3 AGENDA REGULAR MEETING OF JUNE 20, 2017 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT 12:30 p.m. ROLL CALL (Big Break Visitor Center Conference Room) PUBLIC COMMENTS CLOSED SESSION A. Conference with Labor Negotiator: Government Code Agency Negotiator: Employee Organizations: Unrepresented Employees: B. Conference with Legal Counsel: Robert E. Doyle, Ana M. Alvarez, Eddie Kreisberg AFSCME Local 2428, Police Association Managers and Confidentials 1) Existing Litigation Government Code (d) (1): a) The Armand Borel Trust Dated June 20, 1994, as Amended and Restated in 2008 Contra Costa County Superior Court Case No. P C. Conference with Real Property Negotiator Regarding Price and/or Terms of Payment Government Code ) Agency Negotiator: Bob Nisbet, Liz Musbach APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Contra Costa County 00l Byron Hot Springs Road, Byron Robert F. Casey, Trustee and Samuel Stewart and Jacqueline Stewart, Trustees 3 Byron Vernal Pools Regional Preserve The Board of Directors of the East Bay Regional Park District will hold a regular meeting at Big Break Visitor Center, 69 Big Break Road, Oakley, CA, commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, June 20, Agenda for the meeting is listed adjacent. Times for agenda items are approximate only and are subject to change during the meeting. If you wish to speak on matters not on the agenda, you may do so under Public Comments at the beginning of the agenda. If you wish to testify on an item on the agenda, please complete a speaker s form and submit it to the Clerk of the Board. A copy of the background materials concerning these agenda items, including any material that may have been submitted less than 72 hours before the meeting, is available for inspection on the District s website ( the Administrative Building reception desk, and at the meeting. Agendas for Board Committee Meetings are available to the public upon request. If you wish to be placed on the mailing list to receive future agendas for a specific Board Committee, please call the Clerk of the Board s Office at (510) District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting.

4 2:00 p.m. OPEN SESSION (Main Hall) PLEDGE OF ALLEGIANCE A. APPROVAL OF AGENDA B. 1. SPECIAL RECOGNITION a. Delta Science Center Recognition 2. SPECIAL PRESENTATION a. Presentation on the Eastern Contra Costa County Habitat Conservation Plan (HCP) by the Executive Director of the HCP Conservancy C. PUBLIC COMMENTS 2:30 p.m. D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR a. Approval of District Check Listing for the Period of May 8, 2017 to May 21, 2017 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of June 6, 2017 (Barial Knight/Auker) (No Cost) c. Authorization to Execute a Consulting Services Contract with Leann Taagepera Environmental Planning for Preparation of an Environmental Impact Report for the Land Use Plan Amendment: Black Diamond Mines Regional Preserve (Bondurant/Nisbet) (Resolution) (Budgeted Funds) d. Authorization to Award a Contract to Community Playgrounds, Inc. for the Renovation of the Children s Play Area: Point Pinole Regional Shoreline (Bates/Nisbet) (Resolution) (Budgeted Funds) e. Authorization to Apply for Grant Funds from the California Public Utilities Commission for Golden Eagle Wind Turbine Study: District-wide (Margulici/Bell/Graul/Auker) (Resolution) (Revenue Auth.) f. Authorization to Apply to California Department of Fish and Wildlife and National Fish and Wildlife Foundation for Tres Vaqueros Settlement Funds: District-wide (Margulici/Musbach/Auker) (Resolution) (Revenue Auth.) g. Authorization to Apply to the Environmental Protection Agency Region 9 for Targeted Brownfields Assessment at Lone Tree Point: San Pablo Bay Regional Shoreline (Margulici/Musbach/Auker) (Resolution) (Revenue Auth.) 4

5 h. Authorization to Execute a Consulting Services Contract with AnchorCM for Inspection Services for Pavement Repair and Maintenance Projects: District-wide (Barrington/Rasmussen/Auker) (Resolution) (Budgeted Funds) i. Authorization to Award a Contract to Resource Environmental Inc. and Amend a Contract with Siegfried Engineering Inc. for Clayton Radio Tower Demolition: Black Diamond Mines Regional Preserve (Noonan/Rasmussen/Auker) (Resolution) (Budgeted Funds) j. Approval and Adoption of East Bay Regional Park District (EBRPD) Hazard Mitigation Plan, District-wide (Rasmussen/Auker) (Resolution) (No Cost) k. Authorization to Approve a Professional Services Contract with Annie Burke Consulting to Provide Public Information Services (Johnson/Doyle) (Resolution) (Budgeted Funds) L. Resolution to Support SB 775 (Wieckowski D-Fremont) Cap-and-Trade Market-Based Compliance Mechanisms (Pfuehler/Doyle) (Resolution) (No Cost) m. Resolution to Support AB 890 (Medina D-Riverside) California Environmental Quality Act (CEQA) Loophole Closure n. (Pfuehler/Doyle) (Resolution) (No Cost) Resolution to Support AB 1129 (Stone D-Monterey Bay) Protect California s Coast from a Changing Climate (Pfuehler/Doyle) (Resolution) (No Cost) o. Resolution to Support AB 1530 (Gonzalez Fletcher D-San Diego) Maintenance of Urban Forests p. (Pfuehler/Doyle) (Resolution) (No Cost) Resolution to Support ACR 85 (Garcia D-Coachella) Parks Make Life Better! Month (Pfuehler/Doyle) (Resolution) (No Cost) q. Resolution to Support H.R (Kaptur D-OH) 21st Century Civilian Conservation Corps Act (Pfuehler/Doyle) (Resolution) (No Cost) r. Resolution to Support S. 569 (Cantwell D-WA) Permanent Reauthorization and Full Funding of the Land and Water Conservation Fund (Pfuehler/Doyle) (Resolution) (No Cost) s. Resolution to Support S. 751 (Warner D-VA) and H.R (Hurd R-TX) National Park Service Legacy Act (Pfuehler/Doyle) (Resolution) (No Cost) t. Resolution to Support S. 896 (Burr R-NC) Permanent Reauthorization of the Land and Water Conservation Fund (Pfuehler/Doyle) (Resolution) (No Cost) u. Resolution to Support SB 595 (Beall D-San Jose) Bay Area Toll Authority Bridge Fees (Regional Measure 3) (Pfuehler/Doyle) (Resolution) (No Cost) 5

6 2:45 p.m. 2. FINANCE & MANAGEMENT SERVICES DIVISION PUBLIC HEARING a. Approval of Engineer's Report for Fiscal Year 2017/2018, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for East Contra Costa County Landscaping and Lighting Assessment District No. 1; Adopt Resolution Regarding Protests (Rasmussen/Auker) (Resolution) (Revenue Auth.) 3:00 p.m. 3. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION a. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 320± Acres of Real Property from Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust, dated June 19, 2002: Byron Vernal Pools Regional Preserve (Musbach/Nisbet) (Resolution) (Budget Change) b. Authorization to Transfer and Appropriate Funds and Execute a Contract with Romtec, Inc. for the Purchase and Construction of Two Pre- Engineered Restroom/Shower Buildings: Del Valle Regional Park (Gilchrist/Nisbet) (Resolution) (Budget Change) 3:30 p.m. 4. BOARD AND STAFF REPORTS a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle) 3:45 p.m. 5. GENERAL MANAGER S COMMENTS 4:00 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION 4:05 p.m. 7. BOARD COMMITTEE REPORTS 4:10 p.m. 8. BOARD COMMENTS 4:40 p.m. E. PUBLIC COMMENTS a. Executive Committee ( ) (Lane) 5:00 p.m. F. ADJOURNMENT 6

7 CONSENT CALENDAR

8 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION a. Approval of District Check Listing for the Period May 8, 2017 Through May 21, 2017 (Auker/Doyle) It is recommended that the Board of Directors approve the Check Listing for the period of May 8, 2017 through May 21, Per Resolution No , adopted by the Board on January 21, 1992, a copy of the Check Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has also been provided to the Clerk of the Board, and will become a part of the Official District Records. 7

9 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF MAY 8, 2017 THROUGH MAY 21, 2017 WHEREAS, District Resolution No , 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 May 8, 2017 through May May 21, 2017; Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 8

10 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR b. Approval of the Minutes for the Board Meeting June 6, 2017 (Barial Knight/Auker) 9

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12 The Board Meeting, which was held on June 6, 2017 at the East Bay Regional District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 1:00 p.m. by Board President Lane. ROLL CALL Directors Present: Directors Absent: Beverly Lane, President Ayn Wieskamp, Treasurer Ellen Corbett, Secretary Dee Rosario Colin Coffey Dennis Waespi, Vice President Whitney Dotson PUBLIC COMMENTS: None. At 11:30 am, the Board of Directors met in Closed Session to discuss those items outlined on the agenda. The Open Session of the Board Meeting was called to order at 1:30 p.m. by Board President Lane. Staff Present: Guests: Carol Victor, Bob Nisbet, Tim Anderson, Debra Auker, Carol Johnson, Deborah Spaulding, Jason McCrystle, Jeff Rasmussen, Ruby Tumber, Mary Mattingly, Anthony Ciaburro, Julie Bondurant, Mona Koh, Brian Holt, Tiffany Margulici, Nadine Vargas, Paul Cutino, Suzanne Lusk, Raphael Breines, Jim Tallerico, Kristina Kelchner, Sara Rieck, Jim Swanson, Matt Graul, Brian Holt, Dave Zuckermann, Ren Bates, Mimi Waluch, Susan Gonzales, Gretchen Rose. None. A. APPROVAL OF AGENDA By motion of Director Wieskamp, and seconded by Director Rosario, the Board voted unanimously to approve the agenda. Directors For: Directors Against: Directors Absent: Colin Coffey, Ellen Corbett, Beverly Lane, Dee Rosario, Ayn Wieskamp. None. Whitney Dotson, Dennis Waespi. B. PUBLIC COMMENTS Marla Schmalle talked about how the District accepts an ideology that ecosystems change and adjust with the climate and species along with her belief that fire science has shown that eucalyptus or other trees were responsible for the 1998 fire. Cameron Wilson, program manager for Citizens for Eastshore Parks (CESP), expressed appreciation to the Park District for working on the project design and making the space better. GM Doyle added that BCDC Design Review approved the plan unanimously and it will go before the full commission. C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR 11

13 By motion of Director Corbett, and seconded by Director Wieskamp, the Board voted unanimously to approve the balance of the Consent Calendar. Directors For: Directors Against: Directors Absent: Colin Coffey, Ellen Corbett, Beverly Lane, Dee Rosario, Ayn Wieskamp. None. Whitney Dotson, Dennis Waespi. a. Approval of District Check Listing for the Period of April 17, 2017 to May 7, 2017 Resolution No (attached) Approval of the Minutes for the Board Meeting of May 16, 2017 c. Authorization to Negotiate with Various Property Owners Resolution No (attached) d. Authorization to Enter into an Exclusive Negotiating Agreement with the City of Oakland acting by and through its Board of Port Commissioners for the Long-Term Lease of the former Crowley Property and Transfer and Appropriate Funds: San Francisco Bay Trail Resolution No (attached) Director Rosario asked what would trigger a refusal to accept a lease on the part of the District. Liz Musbach, Chief of Land Acquisition, replied that during the 6-month exclusive negotiating agreement staff will be conducting due diligence to make sure the property is satisfactory for District purposes. The board material discusses the sea wall that is failing in one area and if there is an issue that might give staff pause, the District will be able to break the lease without penalty. GM Doyle added that the court reduced the price to a lower than lease market value to account for this. Corbett s comments aligned with Rosario s about the integrity of the sea wall and its impacts on the District. President Lane asked about the amount of trail that has been completed. Musbach answered about 70% of the SF Bay Trail has been completed, and over 75 miles out of 150 miles in the East Bay have been completed. Lane added how proud she was of staff s work on this project. Several members of the public including George Rowan, Jr., and John Sutter spoke in favor of this item. Curt Lind spoke about opening this area to the public. Rowan handed out a petition, signed by constituents, in favor of this item. e. Authorization to Transfer and Appropriate Funds for Land Acquisition Department Projects Resolution No (attached) President Lane asked where the funds are coming from, and why more AA funding isn t being used. Liz Musbach, Chief of Design, replied in detail referring to the staff report. Debra Auker, AGM FMS and CFO provided additional explanation on the allocation of funds. f. Authorization to Amend a Contract for Services with Placeworks Inc. for Biologic Resource Permitting Support: Concord Hills Regional Park Resolution No (attached) g. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended March 31, 2017 Resolution No (attached) 12

14 h. Authorization for Budgetary Closure of Completed Projects and Related Amendments to the 2017 Budget Resolution No (attached) i. Authorization to Apply for Grant Funds from the Bay Area Air Quality Management District for Albany Beach, San Francisco Bay Trail Gilman to Buchanan: McLaughlin Eastshore State Park Resolution No (attached) j. Authorization to Apply to the California Office of Emergency Services (OES) and the Federal Emergency Management Agency (FEMA) for Reimbursement of Expenses Incurred for Cleanup and Repair of Damage during the January 18-23, 2017 Severe Winter Storms, Flooding and Mudslides, DR-4305: District-wide Resolution No (attached) k. Authorization to Apply to the California Office of Emergency Services for Hazard Mitigation Funds from the Federal Emergency Management Agency for Shoreline Resilience at Point Isabel Regional Shoreline Resolution No (attached) L. Authorization to Approve the Application for Outdoor Environmental Education Facilities Grant Funds for the Construction of the Shadow Cliffs Interpretive Pavilion: Shadow Cliffs Regional Recreation Area Resolution No (attached) Director Wieskamp was pleased the District is moving forward, adding that this is going to be one of the best used facilities and is an example for other parks that do not have a visitor center. GM Doyle noted that there is progress being made on preliminary design. m. Authorization to Purchase Replacement Computers: District-wide Resolution No (attached) President Lane asked what happens to replaced computers. Jim Tallerico, Chief Information Officer, replied that in the past, the District donated old computers to different schools. However, it became labor intensive for staff who had to wipe the computers clean, pack them up, and deliver them to the schools. The District is currently using another program. Lane passed along a contact to Tallerico for discussion on re-using computers. n. Authorization to Transfer Funds between Projects for Fuels and Fire Management Work Resolution No (attached) o. Authorization to Amend Contract for Services Agreement with Ralph Andersen and Associates for Recruitment Services Resolution No (attached)) 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION a. Discussion of the Dumbarton Quarry Campground Phase 1 Development Naming Program: Coyote Hills Regional Park 13

15 President Lane introduced this item by referring to the previous board meeting where this item was presented, and a recommendation was put forward by the Board. The discussion centered around the campground name that was recommended and possibly too long for a freeway sign. Director Wieskamp liked the idea of the Bay being in the name of the campground. Director Corbett stated that she is conscious of people who don t know the area, and using a descriptive nams ties the campground to the Bay. Corbett added that the District s naming policy makes it clear to look for historic references and natural amenities of the area. All of the names use historic references but none have connection to the natural amenities. Corbett favored bayside included in the name of the campground. President Lane mentioned that there will be a Phase II of this campground. There will be campsite areas that have an actual view of the bay. Perhaps staff and the board should take advantage of those sites and put some geographic designation on them. Director Rosario expressed concern about the length of the name on the signage, but agreed that both names were good. Director Coffey agreed with Wieskamp s suggestion. Director Wieskamp motioned that the name should be Dumbarton Quarry Campground on the Bay and when necessary have on the bay subscript and Director Rosario seconded. Director Corbett had concerns about a wayfinding sign on the freeway, and questioned if folks would know it was a campground on the Bay if the Bay was not in the name. GM Doyle said that this is a broader discussion of wayfinding, and suggested staff should inquire how long of a title Caltrans will put on a sign. Corbett asked for more information on past process, and if the natural amenity included as part of the discussion be included. Doyle gave a brief background on the quarry, the need to think about wayfinding, policy on natural amenities, what makes sense to put on a sign, and how to market the campground. Corbett remarked on this amazing opportunity to create a campground along the bay. GM Doyle stated that the District wants to market this, and staff are thinking through all project possibilities to make it a reality on the bay. Carol Victor, District Counsel concluded that the resolution will be brought back and the previous naming will be repealed. 3. BOARD AND STAFF REPORTS GM Doyle talked about items on the report. 4. GENERAL MANAGER S COMMENTS Jim Swanson, Interim Fire Chief presented on the Fire Department Yesterday, Today and Tomorrow. Swanson gave historical context, current industry standards, fire organization, fire equipment, apparatus and facilities, and fuels management. Swanson reported that the workforce has been reduced from 65 firefighters to its current staff of 42 firefighters. Swanson showed examples of thinning recently done in Wildcat, Sibley Backpack Camp, Tilden Nimitz Way and Tilden Inspiration Point. Director Rosario expressed concern about the shrinking workforce. Swanson attributed it to attrition, adding that firefighting is a young person s job and recruitment is necessary. Director Corbett asked for a breakdown of the different responsibilities. Swanson obliged. Director Wieskamp thanked Swanson for assisting the department. Directors Lane and Rosario had questions about goat grazing and the grazing schedule. GM Doyle stated that when he meets with the Calfire director, the director remarks that the District s training program is some of the best in the state. 5. ANNOUNCEMENTS FROM CLOSED SESSION District Counsel announced there were no announcements from closed session. 14

16 6. BOARD COMMITTEE REPORTS a. EBMUD/EBRPD Liaison Committee Minutes ( ) (Lane) 7. BOARD COMMENTS Director Lane reported on meetings attended. Director Lane Attended the Natural/Cultural Resources Committee meeting; Attended Legislative Committee meeting; Attended the Trails, Stewardship & Development Workshop; Attended the Tidewater public meeting; Attended Nancy Krebs retirement party; Met with neighbors on proposed Camille staging area; Attended the Bay Area Open Space meeting; Attended Lafayette meeting with Liz Musbach; Attended Kennedy King Scholarship Dinner; Attended the Winehaven tour led by Bruce Beyaert; Attended the Multicultural Advisory Committee meeting; Attended the Walnut Creek Watershed Council; Attended the East Bay Leadership Annual dinner; Attended the Drakes Brewery fundraiser; Went to Oakland Zoo for the ribbon cutting. Director Wieskamp reported on meetings attended. Director Wieskamp Attended the CARPD conference; Attended the Finance Committee meeting; Attended the Elected Women s Lunch, Pleasanton; Attending the Shadow Cliffs Dedication; Attending Legislative Luncheon in Sacramento; Attended the Trails, Stewardship & Development Workshop; Attended a special luncheon for staff. Director Rosario reported on meetings attended. Director Rosario Attended the Natural/Cultural Resources Committee meeting; Attended the Pogo Park event; Attended the Bay Area Toll Authority Regional Measure 3 Stakeholders meeting; Met with Liz Musbach regarding a piece of property in Briones. Director Coffey reported on meetings attended. Director Coffey Attended Kennedy King Scholarship dinner; Manned the District table at the Taste of Richmond: Wine and Food Festival; Toured Pt. Molate with Bruce Beyaert; Attended the Trails, Stewardship & Development Workshop; Attended the Finance Committee meeting; Attended the Volunteer Barbecue at Cull Canyon; Attended the dedication of the New Franklin Canyon; Hiked Sand Creek focus area in Antioch with Save Mt Diablo folks. 15

17 Director Corbett reported on meetings attended. Director Corbett Attended a hike led by GM to Vasco Caves; Attended the Tidewater public meeting; Attended the Trails, Stewardship & Development Workshop; Attended the Drakes Brewery Fundraiser; Attended the Oakland Zoo s Toast at the Zoo; Attended the Legislative Committee meeting; Attended the San Leandro Cherry Festival; Attended the Volunteer Barbecue at Cull Canyon; Attended the CARPD Conference. Director Corbett expressed that the District needs to program and educate the public about global warming due to the fact that the government has pulled out of the Paris Accords. D. PUBLIC COMMENTS Marla Schmalle spoke again on the District s being a handmaiden to this technology. Jim Swanson, Interim Fire Chief, explained the FEMA grant and was concerned by what he heard in this meeting. E. ADJOURNMENT Director Rosario had remarks on the passing on District former Fire Captain Jim Journeay who passed away over the weekend. President Lane adjourned the meeting in his honor. The meeting adjourned at 3:33pm. Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board 16

18 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION c. Authorization to Execute a Consulting Services Contract with Leann Taagepera Environmental Planning for Preparation of an Environmental Impact Report for the Land Use Plan Amendment: Black Diamond Mines Regional Preserve (Bondurant/Nisbet) The General Manager recommends that the Board of Directors authorize award of a consulting services contract with Leann Taagepera Environmental Planning of Benicia, California, in the amount of $141,664 for preparation of an Environmental Impact Report (EIR) for the Black Diamond Mines Regional Preserve Land Use Plan Amendment (LUPA). REVENUE/COST Funding for the consulting services contract is available from the source indicated below: SOURCE OF FUNDS Complete LUPA/ California Environmental Quality Act (CEQA) Project (#515800) $ 280,000 Encumbrances and Expenditures to Date (130,150) AVAILABLE BALANCE $ 149,850 USE OF FUNDS Contract with Leann Taagepera Environmental Planning $ 141,664 REMAINING BALANCE $ 8,186 BACKGROUND Black Diamond Mines Regional Preserve (Preserve) is one of the most unique and important interpretive parks in the regional park system. The Preserve is located in unincorporated Contra Costa County immediately north of Mt. Diablo, south of the cities of Antioch and Pittsburg, and east of the City of Clayton. The District began acquiring land for the Preserve in 1973, and opened the park to the public in The East Bay Regional Park District (District) first adopted

19 a Land Use Development Plan (LUDP)/EIR for the Preserve in 1977, covering 3,473 acres. Several years ago, the District commenced a land use planning process to formally incorporate into the Preserve and open to the public almost 5,000 acres of property acquired over several decades. Implementation of the LUPA would bring the total acres in the Preserve open to the public to 9,595. The LUPA is a long-range planning document that updates the 1977 LUDP by recommending programs for managing and conserving park resources, and offering proposals for future access and recreational use. Within a conservation framework, the LUPA includes the following major proposals: Develop two staging areas, several local access points, and a safe crossing of Marsh Creek Road to connect the Preserve and Mt. Diablo State Park; Transform the former Arata (Moller) Ranch property to serve as a gateway to the Preserve, with parking, public and staff facilities, and space for indoor programming to enhance visitors experience and contribute to environmental and historical education; Develop a backpack campsite; and Open more than 40 miles of roads and narrow trails, and construct new trail connections; the project also includes developing a 6.3-mile segment of the Black Diamond Mines to Round Valley Regional Trail east of the Preserve. The District has determined that an EIR would be the required and appropriate environmental document pursuant to CEQA, primarily because the LUPA recommends the demolition of historic buildings within the former Arata dairy farm. The EIR process is intended to provide environmental information sufficient to evaluate a proposed project and its potential to cause significant effects on the environment; examine methods of reducing adverse environmental impacts; and identify alternatives to the proposed project. The CEQA analysis requires technical expertise for several disciplines that are not provided by in-house staff, and utilizing an outside consultant brings a level of objectivity into the process. Planning staff prepared a Request for Proposals for consulting services to prepare an EIR. The District received four consultant proposals; all four firms were interviewed by a three-person selection committee on May 16, District staff determined Leann Taagepera Environmental Planning to be the highest ranked firm. Cost estimates for the four proposals ranged from $125,000 to $162,000, so the selected consultants cost of $141,664 is reasonable. ALTERNATIVES No alternatives are recommended. ATTACHMENTS Exhibit A: Project Area

20 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO EXECUTE A CONSULTING SERVICES CONTRACT WITH LEANN TAAGEPERA ENVIRONMENTAL PLANNING FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE LAND USE PLAN AMENDMENT: BLACK DIAMOND MINES REGIONAL PRESERVE WHEREAS, the East Bay Regional Park District is preparing a Land Use Plan Amendment (LUPA) for Black Diamond Mines Regional Preserve that includes incorporating and opening to the pubic almost 5,000 acres now in landbank; and WHEREAS, to complete the LUPA project, the District, as lead agency, must prepare an environmental analysis of the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, District staff has determined that an Environmental Impact Report is the appropriate environmental document to prepare pursuant to CEQA, and requests an outside consultant to complete the environmental analysis; and WHEREAS, the District advertised a Request for Proposals for consulting services to complete the environmental analysis associated with the LUPA and four firms submitted proposals; and WHEREAS, after evaluating the four proposals submitted, the District interviewed four firms, and determined Leann Taagepera Environmental Planning, located in Benicia, California, to be the highest ranked firm, and has successfully negotiated contract terms and conditions, including a fee of $141,664; 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 Leann Taagepera Environmental Planning in the amount of $141,664, to be paid from Complete LUPA/CEQA Project (#515800) to complete an EIR for the Black Diamond Mines Preserve LUPA ; 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.

21 Moved by Director, seconded by Director, and approved this 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT:

22 21

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24 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION d. Authorization to Award a Contract to Community Playgrounds, Inc. for the Renovation of the Children s Play Area: Point Pinole Regional Shoreline (Bates/Nisbet) The General Manager recommends that the Board of Directors: 1. Authorize the award of a contract in the amount of $79,592 to Community Playgrounds, Inc. of Vallejo, California, the lowest responsive responsible bidder, for the renovation of the children s play area at Point Pinole Regional Shoreline; and 2. Approve construction contingency and other project costs in the amount up to $7,306. REVENUE/COST Sufficient funding for the contract, contingency and other project costs is available from the source of funds indicated below: SOURCE OF FUNDS Renovate Children s Play Area Project (#150700) $ 140,000 Encumbrances and Expenditures to Date (53,102) FUNDS AVAILABLE $ 86,898 USE OF FUNDS Construction Contract $ 79,592 Other project costs including contingency 7,306 TOTAL $ 86,898 BACKGROUND The existing children s play area at Point Pinole Regional Shoreline, installed in 1990, does not conform to the current recommendations in the U.S. Consumer Product Safety Commission s 23

25 Public Playground Safety Handbook. The play equipment is not consistent with dimensional guidelines, does not contain an appropriate fall-attenuation surface, and is not wheelchair accessible. The East Bay Regional Park District is proposing to replace the play structure with a 16 8 high net climber and a stand-up spinner, replace the playground sand with engineered wood fiber, and provide two new picnic tables. The renovated playground will be wheelchair accessible. The project is categorically exempt from California Environmental Quality Act, per Sections (Replacement or Reconstruction) and (Minor Alterations to Land). A formal Notice to Bidders for this project was published on Monday, April 24, 2017, in the newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder s exchanges and on the District s online planroom. The bid opening date was Thursday, May 25, 2017, and two (2) bids were received. The low bid is within the engineer s estimate of $90,000. The basis for determination of low bid on this project is the aggregate amount of the bidder s base bid. NAME OF BIDDER TOTAL BASE BID Community Playgrounds, Inc. $75,346 Pleasanton Engineering Contractors $165,200 ENGINEER S ESTIMATE: $ 90,000 (Total Base Bid) ALTERNATIVES Four alternate bid items were part of the bid package as follows: Alternate 1 Alternate 2 Alternate 3 Alternate 4 Picnic Table Replacement ADA-Compliant Picnic Table Wood Bench Existing Bench Removal District staff recommends award of Alternates 1 and 2 to enhance use at the play area. Alternates 3 and 4 were bid higher than the engineer s estimate and are not considered essential. Community Playgrounds, Inc. s bid for Alternates 1 and 2 totals $4,246. Therefore, if Alternates 1 and 2 are awarded with the base bid, the total contract amount would be $79,

26 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO AWARD A CONTRACT TO COMMUNITY PLAYGROUNDS, INC. FOR THE RENOVATION OF THE CHILDREN S PLAY AREA: POINT PINOLE REGIONAL SHORELINE WHEREAS, the children s play area in Point Pinole Regional Shoreline does not conform to the current recommendations in the U.S. Consumer Product Safety Commission s Public Playground Safety Handbook; and WHEREAS, the East Bay Regional Park District (District) desires to renovate the children s play area in Point Pinole Regional Shoreline; and WHEREAS, the renovation of the children s play area would conform to the current recommendations in the U.S. Consumer Product Safety Commission s Public Playground Safety Handbook, and improve wheelchair access; and WHEREAS, the project is categorically exempt from the California Environmental Quality Act per Sections (Replacement or Reconstruction) and (Minor Alterations to Land); and WHEREAS, the District advertised for bids for the children s play area renovation at Point Pinole Regional Shoreline on April 24, 2017, and received two (2) bids; and WHEREAS, Community Playgrounds, Inc. of Vallejo, California, was the lowest, responsive and responsible bidder; and WHEREAS, funds are available from the Renovate Children s Play Area Project (#150700) for this purpose; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby awards a contract to Community Playgrounds, Inc. in the amount $79,592, and approves additional project costs, including construction contingency up to the amount of $7,306; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. 25

27 Moved by Director, seconded by Director, and adopted this 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 26

28 ATLAS ROAD STAGING AREA Children's Play Area DOTSON FAMILY MARSH LOCATION MAP Point Pinole Regional Shoreline - Children's Play Area 27

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30 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION e. Authorization to Apply for Grant from the California Public Utilities Commission for Golden Eagle Wind Turbine Study: District-wide (Margulici/Bell/Graul/Auker) The General Manager recommends that the Board of Directors authorize a grant application to the California Public Utilities Commission (CPUC) for the Electric Program Investment Charge (EPIC) program to conduct Golden Eagle hazard collision study in the Altamont Pass Wind Resource Area (APWRA). REVENUE/COST This action proposes an application of approximately $600,000 in grant funding to refine and expand Golden Eagle collision hazard studies in the APWRA. This project will not increase the District s long-term operational cost. BACKGROUND The EPIC program is funded by an electricity ratepayer surcharge established by the CPUC in December The purpose of the EPIC program is to fund clean energy technology projects that promote greater electricity reliability, lower costs, and increased safety. EPIC program funding initiatives include research on sensitive species and habitats to inform renewable energy planning and deployment. The District has acquired lands within the APWRA that have existing wind farm leases and infrastructure. District staff have been monitoring raptors, including Golden Eagles, on its lands and adjoining public and private lands since This grant would be used to continue research to minimize impacts of wind turbines on raptors and other wildlife. The District has a keen interest in maintaining a sustainable population of Golden Eagles in the region by lessening the impacts of wind farms on eagles. 29

31 ALTERNATIVES No alternatives are recommended. 30

32 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO APPLY FOR GRANT FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION FOR GOLDEN EAGLE WIND TURBINE STUDY: DISTRICT-WIDE WHEREAS, the Electric Program Investment Charge (EPIC) program is funded by an electricity ratepayer surcharge established by the California Public Utilities Commission (CPUC) in December 2011 with the purpose to fund clean energy technology projects that promote greater electricity reliability, lower costs, and increased safety; and WHEREAS, the EPIC program funding initiatives including research on sensitive species and habitats to inform renewable energy planning and deployment; and WHEREAS, the District has acquired lands within the Altamont Pass Wind Resource Area (APWRA) that have existing wind farm leases and infrastructure and has a keen interest in maintaining a sustainable population of Golden Eagles in the region by lessening the impacts of wind farms on eagles; NOW, THERFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the submission of a grant application to EPIC program to conduct of Golden Eagle hazard collision studies to lessen impacts of wind turbine repowering in the APWRA; and BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services/CFO is hereby authorized, on behalf of the District and in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and BE IT FURTHER RESOLVED, that the Assistant General Manager of Finance and Management Services/CFO or Budget Manager is hereby authorized to amend the current year s budget, without further Board action, upon receipt of an executed grant contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the grant contract. Moved by Director, seconded by Director, and adopted this 20th day of June, 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 31

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34 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 f. Authorization to Apply to California Department of Fish and Wildlife and National Fish and Wildlife Foundation for Tres Vaqueros Settlement Funds: District-wide (Margulici/Musbach/Auker) The General Manager recommends that the Board of Directors authorize grant applications to California Department of Fish and Wildlife and National Fish and Wildlife Foundation for Tres Vaqueros Settlement Funds, District-wide. REVENUE/COST This action proposes approval of grant applications of approximately $500,000 for avian mitigation. Staff time to draft and submit the applications will be funded by General Fund monies or bond-funded capital improvement project-specific accounts as appropriate for each application. BACKGROUND In 2009, as part of a settlement agreement between the State Attorney General, the State of California, Tres Vaqueros Wind Farms LLC, Babcock and Brown Renewable Holdings, Inc. and Wind Development Contract Co. LLC, funds were placed into a mitigation account with the National Fish and Wildlife Foundation to protect avian and related resources in the Altamont Pass Wind Resource Area (APWRA). California Department of Fish and Wildlife oversees and approves the use of these Tres Vaqueros Settlement Funds. Funds can be used for costs related to land acquisition including restoration and site safety and security. Due to interest accrued, the balance in the account is over $500,000. California Department of Fish and Wildlife is seeking projects on an on-going basis that would meet the criteria of benefiting raptor and raptor habitat within the APWRA. One such project is the proposed acquisition of the Casey Property which is immediately east of Byron Vernal Pools Regional Preserve. Acquisition of this 320-acre property, located on Byron Hot Springs Road in unincorporated Contra Costa County, will provide the Park District with the opportunity to preserve riparian habitat and upland grassland foraging habitat for raptors as well as provide public 33

35 resource-compatible recreation in the area. Most appropriately for this proposed grant funding source, as part of the negotiations between the Seller and the Park District, a wind turbine leasehold interest was quitclaimed and removed from the property, thereby preventing its development as a wind farm. The property will be acquired in partnership with the East Contra Costa County Habitat Conservancy. Staff propose to use the Tres Vaqueros funds for the District s share of the purchase price ($240,000) and additional costs associated with the acquisition. In the event that the Casey Property is not approved by CDFW for Tres Vaqueros funding, this board item authorizes staff to submit applications for other suitable projects. ALTERNATIVES No alternatives are recommended. 34

36 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO APPLY TO CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE AND NATIONAL FISH AND WILDLIFE FOUNDATION FOR TRES VAQUEROS SETTLEMENT FUNDS: DISTRICT-WIDE WHEREAS, a settlement agreement was reached in 2009 between the State Attorney General, the State of California, Tres Vaqueros Wind Farms LLC, Babcock and Brown Renewable Holdings, Inc. and Wind Development Contract Co. LLC, known as the Tres Vaqueros Settlement; and WHEREAS, the Tres Vaqueros Settlement required funds to be set aside for avian mitigation in the Altamont Pass Wind Resource Area (APWRA); and WHEREAS, the California Department of Fish and Wildlife and the National Fish and Wildlife Foundation are seeking projects on an ongoing basis that would benefit raptors or raptor habitat; and WHEREAS, East Bay Regional Park District is seeking funding for land acquisitions and related costs that benefit raptors and raptor habitat including the proposed acquisition of the Casey Property at Byron Vernal Pools Regional Preserve and other locations within the APWRA; and WHEREAS, District procedures require Board approval for all funding applications; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: 1. Approves the filing of grant applications with the California Department of Fish and Wildlife and National Fish and Wildlife Foundation for up to five years, up to the maximum amount available, approximately $500,000; and 2. Authorizes and directs the General Manager or Assistant General Manager of Finance and Management Services/CFO, on behalf of the District and in its name, to accept grant funds and execute and deliver such documents including, but not limited to applications, agreements, payment requests and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution; and BE IT FURTHER RESOLVED, that the Assistant General Manager of Finance and Management Services/CFO or Budget Manager is hereby authorized to amend the current year s budget, without further Board action, upon receipt of the executed contract from the Grants Manager. The budget amendment will include an increase in budgeted revenue and a 35

37 corresponding increase in appropriation for the amount stipulated in the contract, including interest. Moved by Director, seconded by Director, and approved this 20th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 36

38 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION g. Authorization to Apply to the Environmental Protection Agency Region 9 for Targeted Brownfields Assessment at Lone Tree Point: San Pablo Bay Regional Shoreline (Margulici/Musbach/Auker) The General Manager recommends that the Board of Directors authorize an application for free technical assistance from the Environmental Protection Agency (EPA) Region 9 for Targeted Brownfields Assessment at Lone Tree Point Regional Shoreline. REVENUE/COST This action proposes approval of an application for up to $100,000 worth of free technical assistance from the Environmental Protection Agency for Targeted Brownfields Assessment at Lone Tree Point. BACKGROUND The EPA provides contractor assistance to research historic property uses, conduct environmental sampling, identify cleanup options, and estimate associated cleanup costs at Brownfield properties. Eligible applicants can access up to $100,000 worth of technical assistance for eligible properties. Environmental Protection Agency staff would complete a Phase 1 and Phase 2 Environmental Assessment, conduct on site testing and develop a Clean-up Alternatives Analysis. The Clean-up Alternatives Analysis is a required prerequisite to applying for EPA Brownfields Clean-up Grants in the future. The assessment would analyze tar seeps located on District property and on an adjacent 3.78 acre private property known as the Rich Property or Joseph s Resort. Privately owned properties can be assessed under this program as long as they are sponsored by an eligible applicant. This action proposes that the District sponsor the owners of the Rich Property for the purposes of this assessment. The owner of the Rich Property has expressed willingness to participate in the Brownfields assessment with the District as the sponsor. 37

39 The Rich Property is adjacent to the existing Lone Tree Point Park and comprises the remnants of a boathouse structure, fishing pier and restaurant that were damaged by fire. An abandoned tug boat is in the harbor. Presently, the property includes a paved parking lot where tar seeps have been readily observed for many years. The tar seeps are likely the result of buried waste products from historic refinery operations conducted at the site and on the adjacent property. Refinery operations ceased around The site is not currently listed as a case with local or state regulatory agencies. While the current owners completed a Phase 1 environmental assessment and subsurface investigation in 2003, EPA requires that the assessment be more current in order to qualify for grant funding. The Targeted Brownfields Assessment would focus on only clean-up related to the tar seeps; the fishing pier and tug boat are not eligible under the Brownfields program. The Targeted Assessment would take place over the approximately nine months and be complete in time to apply for EPA Clean-up Grant funding in fall 2018, should the District decide to move ahead with the clean-up on property already owned by the District. It should be noted that private property owners are only eligible for the EPA Technical Assistance Program, not for the EPA Brownfields Clean-up Grant. In order to move forward with the remediation of the Rich Property, the property would need to be transferred to a public entity or eligible non-profit. The Clean-up Alternatives Analysis document could be used to engage with a land trust partner who could temporarily take ownership of the property, secure funds and oversee clean-up in partnership with the District. ALTERNATIVES None are recommended. 38

40 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO APPLY TO THE ENVIRONMENTAL PROTECTION AGENCY REGION 9 FOR TARGETED BROWNFIELDS ASSESMENT AT LONE TREE POINT: SAN PABLO BAY REGIONAL SHORELINE WHEREAS, tar seeps from historic refinery operations are present on the existing Lone Tree Point Shoreline Park and the adjacent privately-owned Rich Property; and WHEREAS, the Environmental Protection Agency (EPA) offers up to $100,000 of free technical assistance through the Targeted Brownfields Assessment Program and encouraged applicants to apply for by June 9, 2017; and WHEREAS, privately owned land is eligible for assessment under this program, the District will act as a sponsor for the assessment of the privately-owned Rich Property for the Targeted Brownfields Assessment; and WHEREAS, the EPA technical assistance consists of Phase 1 and 2 Environmental Assessments and development of a Clean-up Alternatives Analysis, which are required prerequisites to applying for EPA Clean-up Grants; and WHEREAS, the District and the owners of the Rich Property are seeking grant funds to plan for future remediation of tar seeps; and WHEREAS, said application contains assurances and certifications that the applicant must comply with in order to enter into an agreement with the Environmental Protection Agency; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby 1. Approves the filing of an application with the Environmental Protection Agency for free technical assistance worth up to $100,000; and 2. Certifies that Grantee understands the assurances and certification in the application form; and BE IT FURTHER RESOLVED, that the General Manager or Assistant General Manager of Finance and Management Services/CFO is authorized, on behalf of the District and in its name, to accept free technical assistance and execute and deliver such documents including, but not limited to applications, agreements, and amendments and to do such acts as may be deemed or appropriate to accomplish the intentions of this resolution. 39

41 Moved by Director, seconded by Director, and approved this 20th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 40

42 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 h. Authorization to Execute a Consulting Services Contract with AnchorCM for Inspection Services for Pavement Repair and Maintenance Projects: District-wide (Barrington/Rasmussen/Auker) The General Manager recommends that the Board of Directors authorize a consulting services contract with AnchorCM of Lafayette, CA (formerly Anchor Engineering) for inspection services for District-wide pavement repair and maintenance projects. REVENUE/COST Funds for this $184,210 contract with AnchorCM for inspection services to support to Districtwide pavement repair and maintenance program are available as noted below. SOURCE OF FUNDS Project # (Pave Roads and Trails) $7,188,272 Less Expenditures and Encumbrances to Date $5,959,406 BALANCE $1,228,866 USE OF FUNDS Consulting Services Contract with AnchorCM $ 184,210 REMAINING BALANCE $1,044,656 BACKGROUND The District is committed to preserving and maintaining the existing infrastructure throughout the Park District. An important component of this infrastructure is the District s network of paved roads, trails, and parking lots. As such, the District has put out to bid a pavement repair and maintenance contract that will encompass projects that vary in size and complexity that will require diligent oversight during construction. Staff determined that to best meet the demands of this project and to provide consistent oversight, the services of a construction management and engineering firm should be secured. 41

43 The District posted a Request for Proposal (RFP) on its website on May 1, The scope of services include on-site inspection of pavement repair and maintenance, providing daily inspection reports, reporting safety issues, reviewing all change orders and progress payment requests, insuring traffic control plans are properly implemented, and providing materials testing services. The District received three proposals. Staff recommends entering into a consulting services agreement with AnchorCM which authorizes a year-by-year extension upon written approval of the General Manager for up to four (4) years. ALTERNATIVES No alternatives are recommended. 42

44 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO EXECUTE A CONSULTING SERVICES CONTRACT WITH ANCHORCM FOR INSPECTION SERVICES FOR PAVEMENT REPAIR AND MAINTENANCE PROJECTS: DISTRICT-WIDE WHEREAS, the District has included funding in its 2017 Budget for the purpose of managing, maintaining, and preserving the District s pavement infrastructure; and WHEREAS, the District has put out to bid a pavement repair and maintenance contract that will encompass projects that vary in size and complexity and will require diligent oversight during construction; and WHEREAS, to best meet the demands of this project and to provide consistent oversight, the services of a construction management and engineering firm should be secured; and WHEREAS, the District posted a Request for Proposal (RFP) on its website on May 1, 2017 and the scope of services includes on-site inspection of pavement repair and maintenance, providing daily inspection reports, reporting safety issues, reviewing all change orders and progress payment requests, insuring traffic control plans are properly implemented, and providing materials testing services; and WHEREAS, the District received three proposals and staff recommends award of the project to AnchorCM; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a consulting services contract with AnchorCM for $184,210 from project account (520700) and authorizes a year-by-year extension to AnchorCM upon written approval of the General Manager for up to four (4) years; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and approved this 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 43

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46 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION i. Authorization to Award a Contract to Resource Environmental Inc. and Amend a Contract with Siegfried Engineering Inc. for Clayton Radio Tower Demolition: Black Diamond Mines Regional Preserve (Noonan/Rasmussen/Auker) The General Manager recommends that the Board of Directors authorize the award of contract to Resource Environmental Inc. and amend a contract with Siegfried Engineering Inc. for Clayton Radio Tower demolition at Black Diamond Mines Regional Preserve. REVENUE/COST SOURCE OF FUNDS Project (#241301) (Clayton Radio LLC) $363,600 Expenses and Encumbrances to Date $ 43,504 BALANCE $320,096 USE OF FUNDS Project (#241301) (Clayton Radio LLC) Resource Environmental Inc. Base Bid Price $165,000 Resource Environmental Inc. Add/Alternates #1 & #2 $ 11,000 Resource Environmental Inc. Contract Contingency $ 26,250 Amend Siegfried Inc. Contract $ 18,585 TOTAL ENCUMBRANCE $220,835 REMAINING BALANCE $ 99,261 BACKGROUND On April 7, 2015, in partnership with the East Contra Costa County Habitat Conservancy, the Board authorized the purchase of the 2-acre Clayton Radio site (Resolution ). In addition, the Board appropriated $363,600 for demolition, cleanup, fencing and road

47 improvements for the property (Exhibit 1). This contract will provide road improvements, abate any hazardous materials and complete the demolition of the radio tower, building and fencing at the site and return the property to a natural condition. A demolition authorization for the site has been signed by the General Manager. The District has a $43,180 consulting contract with Siegfried Inc. for engineering and hazardous materials testing. An $18,585 amendment is needed for additional hazardous materials found at the site and additional testing and monitoring needed during abatement. The Notice to Bidders was published on December 19, 2016 on the District s online plan room and posted to the McGraw Hill Construction Plan Room. Twenty firms purchased Bid Documents and four firms submitted bids on May 9, 2017 as follows: PLANHOLDER BID TOTAL Resource Environmental, Inc. $176,000 Bowen Engineering, Inc. $274,500 Innovative Construction, Inc. $390,526 Yelton Company $617,000 The bid submitted by Resource Environmental, Inc. of Long Beach, California met the specifications and conditions for the project; therefore, Resource Environmental, Inc. is the lowest responsible bidder. ALTERNATIVES None are recommended.

48 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO AWARD A CONTRACT TO RESOURCE ENVIRONMENTAL INC. AND AMEND A CONTRACT WITH SIEGFRIED ENGINEERING INC. FOR CLAYTON RADIO TOWER DEMOLITION: BLACK DIAMOND MINES REGIONAL PRESERVE WHEREAS, on April 7, 2015, in partnership with the East Contra Costa County Habitat Conservancy, the Board authorized the purchase of the 2-acre Clayton Radio site (Resolution ) and the Board appropriated $363,600 for demolition, cleanup, fencing and road improvements for the property (Exhibit 1); and WHEREAS, this contract will make road improvements, abate any hazardous materials and complete the demolition of the radio tower, building and fencing at the site and return it to a natural condition and the demolition authorization for the site has been signed by the General Manager; and WHEREAS, the District has a $43,180 consulting contract with Siegfried Inc. for engineering and hazardous materials testing and an $18,585 amendment is needed for additional hazardous materials found at the site and additional testing and monitoring needed during abatement; and WHEREAS, the Notice to Bidders was published on December 19, 2016 on the District s online plan room and posted to the McGraw Hill Construction Plan Room and twenty firms purchased Bid Documents and four firms submitted bids on May 9, 2017; and WHEREAS, the bid submitted by Resource Environmental, Inc. of Long Beach, California met the specifications and conditions for the project; therefore, Resource Environmental, Inc. is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract to Resource Environmental, Inc. of Long Beach, California for $176,000 including add/alternates #1 and #2 and a construction contingency of $26,250 for a total encumbrance of $202,250 from funds available in project (#241301) (Clayton Radio LLC); and BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes an $18,585 amendment to the $43,180 consulting contract with Siegfried Inc. for additional hazardous materials testing and monitoring needed during abatement or a total encumbrance of $61,765 from funds available in project (#241301) (Clayton Radio LLC) 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.

49 Moved by Director, seconded by Director, and adopted this 20 th day of June, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT:

50 East Bay Regional Park District Environmental Programs September 25, 2014 t:/bstone/mxd projects/appraisal/ cn_claytonradio_b+w.mxd Ki rk Pas er Clayton Ranch Regional Preserve Clayton Radio APN: Area: /- acres Exhibit 1 0 1,000 2,000 4,000 Feet 6,000 d s R N or to nv ill e Rd Black Diamond Mines Clayton Radio APN: Area: 2.021acres Vicinity Map 0 Black Diamond Mines M Disclaimer: Boundary and property lines shown on this map do not represent a boundary or property line survey. The East Bay Regional Park District makes no representation as to the accuracy of said property lines (or any other lines), and no liability is assumed by reason of reliance thereon. Use of this map for other than its intended purpose requires the written consent of EBRPD. ar sh Cre Clayton Ranch ek Clayton Ranch Rd Diablo Foothills Mt. Diablo State Park 49 Contra Loma Mt Diablo State Park Deer Valley

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52 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 j. Approval and Adoption of East Bay Regional Park District Hazard Mitigation Plan: District-wide (Rasmussen/Auker) The General Manager recommends Board of Directors approve and adopt the East Bay Regional Park District (EBRPD) Hazard Mitigation Plan, District-wide. REVENUE/COST Approval of the East Bay Regional Park District (EBRPD) Hazard Mitigation Plan maintains the District s eligibility for disaster mitigation funding from the Federal Emergency Management Agency (FEMA). The District s implementation of the plan is voluntary, but necessary to be eligible for existing and future FEMA mitigation funding. There is no direct cost to adopting the plan, however there may be costs related to mitigating hazardous as described in the plan. Future costs will be funded via the existing operating budget or brought back to the Board for funding consideration. BACKGROUND To be eligible for future FEMA mitigation funding, the District must have, or be a part of, a Local Hazard Mitigation Plan (LHMP). That plan must be updated every five years. In 2006 and 2011, the Board approved joining Annexing the Association of Bay Area Governments (ABAG) region-wide plan as the most efficient way for the District to meet this FEMA requirement (Resolution & ). In working with FEMA to secure mitigation funding for fuels management for the East Bay Hills, FEMA offered the District a $100,000 grant to complete its own LHMP. After public comment and review by staff, the Board approved submittal of the draft Hazard Mitigation Plan to FEMA ( ). On May 19, 2017, FEMA approved the plan with only minor changes. The final plan presented for Board approval and adoption can be found on the District website: or by contacting the Office of the Clerk of the Board. 51

53 ALTERNATIVES None are recommended. 52

54 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO June 20, 2017 APPROVAL AND ADOPTION OF EAST BAY REGIONAL PARK DISTRICT HAZARD MITIGATION PLAN: DISTRICT-WIDE WHEREAS, the Bay Area is subject to various hazards such as ground shaking, liquefaction, land sliding, fault surface rupture, tsunamis wildfires, floods, and landslides; and WHEREAS, the District recognizes that disasters do not recognize city, county, or special district boundaries; and WHEREAS, the District is committed to increasing the disaster resistance of the infrastructure, health, housing, economy, government services, education, environment, and land use systems in the District, as well as in the Bay Area as a whole; and WHEREAS, in order to receive disaster mitigation funding from the Federal Emergency Management Agency (FEMA), the federal Disaster Mitigation Act of 2000 requires all cities, counties, and special districts to have updated and adopted a Local Hazard Mitigation Plan (LHMP); and WHEREAS, after public comment and review by staff, the Board approved submittal of the draft plan to FEMA ( ) and on May 19, 2017, FEMA approved the plan with only minor changes, the final plan is available on the District website at or by contacting the Clerk of the Board; NOW, THEREFORE, BE IT RESOLVED that the East Bay Regional Park District Board of Directors adopts and approves the East Bay Regional Park District (EBRPD) Hazard Mitigation Plan, District-wide as the District s Local Hazard Mitigation Plan (LHMP). NOW, THEREFORE, BE IT FURTHER RESOLVED that the EBRPD commits to and the General Manger is authorized to continuing to take those actions and initiating further actions, as appropriate, as identified in the East Bay Regional Park District (EBRPD) Hazard Mitigation Plan, District-wide as the District s Local Hazard Mitigation Plan (LHMP). Moved by Director, seconded by Director, and approved this 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 53

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56 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION k. Authorization to Approve a Professional Services Contract with Annie Burke Consulting to Provide Public Information Services (Johnson/Doyle) The General Manager recommends that the Board of Directors authorize the approval of a professional services contract with Annie Burke DBA Annie Burke Consulting, Berkeley, CA for the sum of $30,000 to provide Public Information services and to assist the District s Public Affairs Division with the development and execution of a public information and education outreach plan focused on the projects funded by Measure CC. REVENUE/COST This action authorizes a one year contract with Annie Burke Consulting for an amount not to exceed $30,000 for the period June 2017 June The Public Affairs Division has endured a vacancy of its Public Information Supervisor position since December Currently, funding is available in the Public Affairs services budget: BACKGROUND The East Bay Regional Park District s Public Affairs Division is responsible for transparently communicating and disseminating information about the District s many programs, projects and initiatives to the general public and taxpayers within Alameda and Contra Costa counties. From time to time the Public Affairs Division retains expertise to assist staff on specific public education projects and information dissemination. The District is preparing a public information and education outreach plan about what has been accomplished with funds generated from Measure CC. Measure CC is a parcel tax supporting EBRPD approved by the voters of nine East Bay communities in A potential extension of this measure is being considered by the Board of Directors for The Measure CC public information education plan will include crafting traditional communication and digital tools as well as the development of public forums and community meetings. 55

57 Public Affairs recommends retaining Annie Burke DBA Annie Burke Consulting, Berkeley, California to develop and implement this public information strategy for the Measure CC general education. Ms. Burke is a trusted communications specialist who has contracted with the Park District since 2016 to disseminate public information of EBRPD s Economic Report, among other projects. She is previously the Deputy Director of the Bay Area Open Space Council where she has extensive experience in creating traditional and digital public information. Ms. Burke will work under the direction of the AGM, Public Affairs. Because this contract is under $50,000, multiple bids for service is not required. ALTERNATIVES The Board of Directors may choose to not approve this contract, however, this option in not recommended. Public Affairs has been without a Public Information Supervisor for six months and does not currently have staff capacity to execute this important special public information program without the assistance of a consultant. 56

58 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 21, 2017 AUTHORIZATION TO APPROVE A PROFESSIONAL SERVICES CONTRACT WITH ANNIE BURKE CONSULTING TO PROVIDE PUBLIC INFORMATION SERVICES WHEREAS, The East Bay Regional Park District s Public Affairs Division is responsible for transparently communicating and disseminating information about the District s many programs, projects and initiatives; and WHEREAS, The District is preparing a public information education outreach plan about what has been accomplished with funds generated from Measure CC parcel tax and a potential voter extension of Measure CC in 2018; and WHEREAS, From time to time the Public Affairs Division retains expertise to assist staff on specific public education projects and information dissemination; and WHEREAS, The District is retaining Annie Burke of Annie Burke Consulting, Berkeley, California ( Contractor ) to develop and implement a public information strategy showcasing the projects accomplished with Measure CC funding. Ms. Burke will work under the direction of the AGM, Public Affairs. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes a consulting services contract Annie Burke of Annie Burke Consulting, Berkeley, CA in the amount of $30,000 for a professional services to craft a public information plan to educate the public on the project outcomes of Measure CC. Funding is available in the Public Affairs General Fund services budget at: BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and approved this 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 57

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60 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 L. Resolution to Support SB 775 (Wieckowski D-Fremont) Cap-and- Trade Market-Based Compliance Mechanisms (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support SB 775 (Wieckowski D-Fremont) Cap-and-Trade Market-Based Compliance Mechanisms. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Senator Wieckowski s SB 775, introduced with Senate Pro Tempore Kevin de Leon s blessing, requires a two-thirds vote of the Legislature to establish a new cap-and-trade system beginning in 2021 to be operated by the California Air Resources Board (ARB). This extends the program past 2020 with a two-thirds vote to provide some protection against legal challenges. SB 775 proposed cap-and-trade system: Continues cap-and-trade system beyond 2020 with quarterly auctions; Requires ARB to set a declining annual cap to meet the state s 2030 goal of 40 percent reduction in emissions (SB 32); Sets floor and ceiling for the price of allowances; Prohibits carbon offset credits; Establishes an Economic Competitiveness Assurance Program to maintain economic parity between in-state producers and other producers that sell in California (replaces the current system of providing free allowances to in state entities); and Distributes auction proceeds to three funds: o California Climate Dividend Fund, which will provide dividends to all California residents. o California Climate Infrastructure Fund. o California Climate and Clean Energy Research Fund. Governor Jerry Brown has yet to weigh in on the restructured cap-and-trade proposal in SB 775. The FY budget the Governor proposed in January does advise the Legislature undertake a two-third vote to extend the current cap-and-trade system operated by ARB. 59

61 ALTERNATIVES None recommended. 60

62 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT SB 775 (WIECKOWSKI D-FREMONT) CAP-AND-TRADE MARKET-BASED COMPLIANCE MECHANISMS WHEREAS, the current cap-and-trade program expires in 2020; and WHEREAS, this legislation would extend the cap-and-trade program; and WHEREAS, the cap-and-trade program provides incentives and financial resources to curtail the impacts of greenhouse gas emissions, including mitigation and adaptation strategies; and WHEREAS, land management agencies, like the District, are well positioned to be a significant part of the mitigation and adaptation strategies supported by cap-and-trade funding; and WHEREAS, the District has the potential to apply for grants in the areas of wildfire fuels management, green transportation, urban greening, wetland creation and coastal resiliency, riparian habitat enhancements and carbon sequestration by grasslands; and WHEREAS, the District is committed to sustainability and continuing to steward natural resources in the wake of a changing climate; and WHEREAS, extending the cap-and-trade program would provide future financial resources to support the District s goals. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support SB 775 (Wieckowski D-Fremont) Cap-and-Trade Market-Based Compliance Mechanisms; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 61

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64 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION m. Resolution to Support AB 890 (Medina D-Riverside) California Environmental Quality Act (CEQA) Loophole Closure (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support AB 890 (Medina D-Riverside) California Environmental Quality Act (CEQA) Loophole Closure. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Assembly Member Jose Medina introduced this legislation requiring development projects undergo a full environmental review prior to gathering signatures from the public. This effort seeks to prevent developers from using ballot initiatives to sidestep state environmental laws. In a typical city-wide initiative, once 15% of eligible voters have signed a petition, the proposal qualifies for the ballot and local elected officials can either call a special election or accept the proposal without negotiating changes. Officials will often approve the initiative because a special election could strain an already tight budget. Thus, developers are increasingly using the ballot initiative process to force the quick approval of land use development projects. Plans for a stadium in Carson, a shopping center north of San Diego and a vast warehouse complex in Moreno Valley were approved last year using the ballot initiative process. Another ballot measure petition hastened construction of a stadium in Inglewood, where the Los Angeles Rams will play. The advantage for the developers is that projects approved by ballot measures avoid legal challenges under the California Environmental Quality Act (CEQA). A recent court decision held the loophole to bypass environmental protections is technically legal, but could be addressed by the Legislature. Unless this loophole is closed, projects can continue to proceed without thorough environmental review. AB 890 will still allow for ballot proposals, but prevent the use of the petition process to avoid environmental review. The bill is sponsored by the State Building and Construction Trades Council and supported by the California Labor Federation, California League of Conservation voters and Sierra Club California. 63

65 ALTERNATIVES None recommended. 64

66 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT AB 890 (MEDINA D-RIVERSIDE) CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) LOOPHOLE CLOSURE WHEREAS, the California Environmental Quality Act (CEQA) was enacted in 1970 as a system of checks and balances for land-use development and management decisions in California; and WHEREAS, CEQA is an appropriate vehicle for consideration of environmental impacts for projects that may affect District parklands; and WHEREAS, in some instances developers are using the ballot initiative process to sidestep CEQA review; and WHEREAS, once as few as 15% of eligible voters sign a ballot petition elected officials can accept the proposal without undergoing environmental review or negotiating changes; and WHEREAS, avoiding legal challenges under CEQA by circulating a ballot initiative is a loophole which should be closed; and WHEREAS, AB 890 (Medina D-Riverside) would close this loophole by preventing the use of the petition process to avoid environmental review; and WHEREAS, this legislation would strengthen the District s ability to ensure CEQA compliance and appropriate mitigation for project impacts. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support AB 890 (Medina D-Riverside) California Environmental Quality Act (CEQA) Loophole Closure; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 65

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68 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION n. Resolution to Support AB 1129 (Stone D-Monterey Bay) Protect California s Coast from a Changing Climate (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support AB 1129 (Stone D-Monterey Bay) Protect California s Coast from a Changing Climate. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Assembly Member Mark Stone s legislation seeks to address rising sea levels by promoting natural alternatives to seawalls and other defense structures. Specifically, AB 1129 will provide the California Coastal Commission with administrative tools to employ the least environmentally damaging approaches to adapting to sea level rise. It would prioritize innovative nature-based approaches such as living shoreline techniques or managed/planned retreat. The legislation is sponsored by The Nature Conservancy, and supported by the Trust for Public Land and Sierra Club California. ALTERNATIVES None recommended. 67

69 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT AB 1129 (STONE D-MONTEREY BAY) PROTECT CALIFORNIA S COAST FROM A CHANGING CLIMATE WHEREAS, as stewards of over 55 miles of Bay-Delta shoreline, the Park District provides the first line of defense and resiliency against sea level rise for millions of people in the East Bay; and WHEREAS, the District has developed innovative, adaptive restoration strategies to Bay and Delta shorelines such as the Dotson Family Marsh wetlands restoration in Richmond and the sand replenishment at Crown Beach in Alameda which provide buffer zones for homes and infrastructure; and WHEREAS, these strategies are models for the approach supported by AB 1129 to employ the least environmentally damaging approaches to adapting to sea level rise; and WHEREAS, the District has been an early adaptor of innovative nature based approaches such as living shoreline techniques or managed/planned retreat; and WHEREAS, the District supports the San Francisco Bay Conservation and Development Commission s (BCDC) guidance to protect Bay shoreline with natural features and restoration projects designed to provide space for marsh migration as sea level rises; and WHEREAS, the California Coastal Commission would be better positioned to mirror the guidance of BCDC statewide with enactment of AB NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support AB 1129 (Stone D-Monterey Bay) Protect California s Coast from a Changing Climate; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 68

70 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 o. Resolution to Support AB 1530 (Gonzalez Fletcher D-San Diego) Maintenance of Urban Forests (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support AB 1530 (Gonzalez Fletcher D-San Diego) Maintenance of Urban Forests. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND AB 1530 would strengthen the Urban Forestry Act of 1978 to more reflect California s evolving priorities of addressing climate change and promoting environmental justice. AB 1530 contains provisions that would improve the health and management of our urban forests, such as setting targets for local and regional canopy cover and supporting the use of local water sources to care for trees. It seeks to enhance opportunities for urban forestry to deliver multi-benefit projects that maximize carbon sequestration and climate resiliency benefits. It would also target these improvements at communities most in need, by expanding workforce development, and ensuring disadvantaged communities get adequate resources and technical assistance to care for their urban forests. Local assistance and funding is to be available for this program s implementation. The bill is cosponsored by California ReLeaf, California Urban Forestry Council and TreePeople. It is also supported by Audubon California, California League of Conservation Voters, California State Parks Foundation and Rails-to-Trails Conservancy to name a few. ALTERNATIVES None recommended. 69

71 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT AB 1530 (GONZALEZ FLETCHER D-SAN DIEGO) MAINTENANCE OF URBAN FORESTS WHEREAS, AB 1530 would strengthen the Urban Forestry Act of 1978 to more reflect California s evolving priorities of addressing climate change and promoting environmental justice; and WHEREAS, AB 1530 seeks to enhance opportunities for urban forestry to deliver multibenefit projects that maximize carbon sequestration and climate resiliency benefits; and WHEREAS, a recent study found the District s 120,000 acres of open space sequester 300,000 tonnes of CO2 equivalent annually; and WHEREAS, the District is looking into ways to increase its lands carbon sequestration, riparian restoration and forest management; and WHEREAS, AB 1530 is consistent with the District s recommendations on the cap-andtrade investment plan and aligns with the District s climate resiliency goals. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support AB 1530 (Gonzalez Fletcher D-San Diego) Maintenance of Urban Forests; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 70

72 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 p. Resolution to Support ACR 85 (Garcia D-Coachella) Parks Make Life Better! Month (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support ACR 85 (Garcia D-Coachella) Parks Make Life Better! Month. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Assembly Member Eduardo Garcia introduced legislation to declare July 2017, Parks Make Life Better! month. The resolution recognizes the important role parks play in California s communities, in reducing obesity and increasing physical activity, and the significance of the $85 billion outdoor industry. The resolution is supported by the California Park and Recreation Society. ALTERNATIVES None recommended. 71

73 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT ACR 85 (GARCIA D-COACHELLA) PARKS MAKE LIFE BETTER! MONTH WHEREAS, ACR 85 would designate the month of July 2017 as Parks Make Life Better! Month; and WHEREAS, the resolution recognizes the important role parks play in California s communities, in reducing obesity and increasing physical activity, and the significance of the $85 billion outdoor industry; and WHEREAS, ACR 85 is supported by the California Parks and Recreation Society and is consistent with the District s Healthy Parks Healthy People initiative. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support ACR 85 (Garcia D-Coachella) Parks Make Life Better! Month; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 72

74 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION q. Resolution to Support H.R (Kaptur D-OH) 21st Century Civilian Conservation Corps Act (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support H.R (Kaptur D-OH) 21st Century Civilian Conservation Corps Act. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Congresswomen Marcy Kaptur introduced legislation to authorize the President to reestablish the Civilian Conservation Corps (CCC). The CCC helps provide employment to unemployed and underemployed citizens for the performance of public work projects aimed at safeguarding natural resources, and developing new transportation and infrastructure. Examples of projects include: trail construction, tree planting, stream restoration, park construction, wildfire prevention and invasive species removal. The District could be well positioned to participate in this program, but the legislation will be challenged to get through Congress. ALTERNATIVES None recommended. 73

75 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT H.R (KAPTUR D-OH) 21ST CENTURY CIVILIAN CONSERVATION CORPS ACT WHEREAS, the 21st Century Civilian Conservation Corps Act (CCCA) is a job creation program for unemployed and underemployed civilians to advance useful public works projects aimed at safeguarding natural resources, and developing new transportation and infrastructure; and WHEREAS, this concept was embraced by former Interior Secretary Sally Jewell as the 21st Century Conservation Service Corps (21CSC) to address job training needs; and WHEREAS, the District supports job training efforts for park professionals and continues to incur staff turnover; and WHEREAS, Rep. Kaptur s legislation is both consistent with the District s history with the original Civilian Conservation Corps and with the District s current job training needs. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support H.R (Kaptur D-OH) 21st Century Civilian Conservation Corps Act; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 74

76 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION r. Resolution to Support S. 569 (Cantwell D-WA) Permanent Reauthorization and Full Funding of the Land and Water Conservation Fund (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support S. 569 (Cantwell D-WA) Permanent Reauthorization and Full Funding of the Land and Water Conservation Fund. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Senator Maria Cantwell introduced this bill (along with 20 other Democratic Senators) which, similar to S. 896, aims to permanently authorize the Land and Water Conservation Fund (LWCF). It also requires full funding of the LWCF at $900 million annually. At least 1.5% of the annual funds will be used for public access to existing federal lands for recreational purposes. ALTERNATIVES None recommended. 75

77 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT S. 569 (CANTWELL D-WA) PERMANENT REAUTHORIZATION AND FULL FUNDING OF THE LAND AND WATER CONSERVATION FUND WHEREAS, S. 569 (Cantwell) seeks to permanently reauthorize and fully fund the Land and Water Conservation Fund (LWCF) from revenues generated by oil drilling; and WHEREAS, the current LWCF authorization expires in 2018; and WHEREAS, the LWCF has provided over 40,000 grants in its 50 plus years, totaling $16.7 billion since its inception; and WHEREAS, the District has received $15.1 million in funding for various parks and trails from the LWCF; and WHEREAS, the LWCF has played a valuable role in the development of at least 15 of the 65 units in the East Bay Regional Park District system; and WHEREAS, fully funding the LWCF would significantly benefit open space and resource conservation stewardship efforts in the East Bay, all of California and the entire country. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 569 (Cantwell D-WA) Permanent Reauthorization and Full Funding of the Land and Water Conservation Fund; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 76

78 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION s. Resolution to Support S. 751 (Warner D-VA) and H.R Hurd R-TX) National Park Service Legacy Act (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support S. 751 (Warner D-VA) and H.R (Hurd R-TX) National Park Service Legacy Act. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Senator Mark Warner introduced this legislation, along with Republican Rob Portman of Ohio. There is also corresponding legislation in the House, H.R. 2584, introduced by Reps. Will Hurd (R-TX), Derek Kilmer (D-WA), Colleen Hanabusa (D-HI) and Dave Reichert (R-WA). These bills would establish the National Park Service Legacy Restoration Fund to be housed at the Department of Treasury and receive funding from mineral royalties not otherwise dedicated to other purposes. At the beginning of each fiscal year, the following amounts will be allocated to the Legacy Restoration Fund: $50 million for each of fiscal years 2018, 2019 and 2020; $150 million for each of fiscal years 2021, 2022 and 2023; $250 million for each of fiscal years 2024, 2025 and 2026; and $500 million for each of fiscal years 2027 through Due to years of underinvestment by Congress in aging infrastructure, the National Parks are burdened with a nearly $12 billion repair backlog. Half of the overdue repairs are transportation-related: roads, bridges, tunnels, trails and parking lots. The remaining projects are comprised of visitor centers, aging water infrastructure, historic buildings, military infrastructure, docks and more. The funds outlined above will be used to address high-priority deferred maintenance needs of the Park Service, as determined by the Director of the National Park Service. Eighty percent of funds will be allocated for the repair and rehabilitation of non-transportation key assets including historic structures, visitor facilities, water utility systems, disability access, health and 77

79 safety, and recreation. Twenty percent of funds will be allocated to roads, bridges, and other transportation-related projects. Amounts from the Fund will not be used for land acquisition or to supplant discretionary funding made available for recurring facility operations and maintenance needs of the Park Service. To encourage public-private partnerships and reduce the overall deferred maintenance costs to the Park Service, this bill allows the Secretary of the Interior and Director of the Park Service to accept donations. Donations less than $2 million would require at least a 33% non-federal cost-share component. Donations more than $2 million would require at least a 25% non- Federal cost-share component. ALTERNATIVES None recommended. 78

80 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT S. 751 (WARNER D-VA) AND H.R (HURD R-TX) NATIONAL PARK SERVICE LEGACY ACT WHEREAS, Visits to the national parks during its 2016 centennial reached recordbreaking levels with overall visitation surpassing 325 million; and WHEREAS, the National Park Service (NPS) supports 6.1 million direct jobs, while generating $646 billion in consumer spending; and WHEREAS, despite the popularity and economic benefit of the National Parks, Congress has historically underinvested in maintaining the aging infrastructure leaving NPS with a near $12 billion repair backlog; and WHEREAS, half of the overdue repairs are transportation-related: roads, bridges, tunnels, trails and parking lots; the remaining projects are comprised of visitor centers, aging water infrastructure, historic buildings, military infrastructure, docks and more; and WHEREAS, the National Park Service Legacy Act would provide $ billion over the next 30 years to address high-priority deferred maintenance needs of NPS, as determined by the Director; and WHEREAS, S. 751 also allows for public-private partnerships to help fund the overall deferred maintenance costs; and WHEREAS, the District partners closely with NPS, in particular, the four East Bay historic parks and the Juan Bautista de Anza National Historic Trail; and WHEREAS, the four East Bay historic parks are Eugene O Neill National Historic Site, John Muir National Historic Site, Port Chicago Naval Magazine National Memorial, Rosie the Riveter WWII Home Front National Historical Park all in close proximity, if not directly adjacent to an East Bay Regional Park and/or Trail; and WHEREAS, the National Park Service and East Bay Regional Park District have signed Memorandum of Understanding to operate a joint visitor center on the site of the former Concord Naval Weapons Station; and WHEREAS, support for S. 751 and H.R is consistent with the District s efforts to pursue additional funding for park infrastructure and maintenance at all levels of government. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 751 (Warner D-VA) and H.R (Hurd R-TX) National Park Service Legacy Act; and 79

81 BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 80

82 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION t. Resolution to Support S. 896 (Burr R-NC) Permanent Reauthorization of the Land and Water Conservation Fund (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to S. 896 (Burr R-NC) Permanent Reauthorization of the Land and Water Conservation Fund. REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Senator Richard Burr, along with three Democrats and three other Republicans, introduced this legislation seeking to permanently reauthorize the Land and Water Conservation Fund. This is the same provision that was in last year s energy bill and had the support of Senate Republicans. This bill/provision has better chance of passing than the Cantwell and Grijalva bills because while it is a permanent reauthorization, it does not require full funding which many House Republicans have opposed. During consideration of S. 896, the Legislative Committee of the Board recommended Senator Burr work to improve his legislation to also appropriate full funding annually for the LWCF Over the past 50 years, the Land and Water Conservation Fund (LWCF) has provided $15.1 million in funding for various parks and trails in the East Bay Regional Park District. With its enactment in 1964, the LWCF marked the country s intention to balance its impact on natural resources from offshore oil and gas drilling with the acquisition and conservation of national treasures. This fund is the country s primary budgetary mechanism to support federal, state and local government initiatives in conservation, outdoor recreation and environmental restoration, as well as to preserve historic sites across the country. The LWCF generates a four-dollar return in economic value for every one dollar invested, according to an analysis conducted by the Trust for Public Land. As for state and local governments, the LWCF has provided over 40,000 grants in its 50 plus years, totaling over $16.7 billion since its inception. Despite these impressive numbers, the LWCF is chronically underfunded even as revenue streams from offshore drilling continue to grow. 81

83 ALTERNATIVES None recommended. 82

84 AGENDA REGULAR MEETINGS BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, 2017 D. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION u. Resolution to Support SB 595 (Beall D-San Jose) Bay Area Toll Authority Bridge Fees (Regional Measure 3) (Pfuehler/Doyle) The Legislative Committee of the Board and General Manager recommend the Board of Directors adopt a resolution to support SB 595 (Beall D-San Jose) Bay Area Toll Authority Bridge Fees (Regional Measure 3). REVENUE/COST There would be no cost impact as a result of this action. BACKGROUND Senator Jim Beall introduced this legislation to allow for a vote to increase bridge tolls throughout the Bay Area. This bill would require a vote by all nine Bay Area counties consisting of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Sonoma, Solano and San Francisco. A $1 toll increase has the potential to raise $127 million annually for transportation projects, a $2 increase could generate $245 million and a $3 increase could raise as much as $381 million annually or $5 billion total over 25 years. The actual increase has not yet been determined. This increase would occur on the seven state-operated bridges in the region. It does not include the Golden Gate Bridge, which is run independently of the state. Such an increase is likely to include funding for Alternative Transportation routes, such as pedestrian and bike trails, which has potential to benefit such trails as the Bay Trail and Iron Horse Regional Trail. Assembly Member Rob Bonta and Senator Nancy Skinner recently held a meeting of Alameda County stakeholders to solicit project priorities. The East Bay represents 37% of the voters and pays 49% of the tolls. Given the large portion of the tolls paid by East Bay residents, it is important to push for a fair share of the funding. Most of the discussion at the meeting was about reducing traffic congestion. AC Transit, BART, WETA and to some extent the City of Oakland all discussed increasing the capacity and efficiency of their fleets. The City of Alameda discussed the need for additional access to the island, including a bike/ped bridge. The Alameda County Transportation Commission submitted a fairly comprehensive list which focused on transit, I-880, I-80 and I-680. Of $3.49 billion in projects, their Transit Access and Trails accounts added up to $150 million.

85 At the Bonta / Skinner meeting, Director Rosario was given a few minutes to discuss the Districts priorities. He highlighted Doolittle / State Route 61 multi-use path, Gateway Bay Bridge connector and Dumbarton Quarry / Bridge connector. Filling the Bay Trail gaps in Oakland was also mentioned. The District has submitted a list of $75 million in projects to the Metropolitian Transportation Commission including: Gateway / Bay Bridge, Point Molate / Richmond Bridge, Iron Horse Trail / Benicia Bridge, Bay Trail / Carquinez Bridge, Dumbarton Quarry Bay Trail / Dumbarton Bridge, California Delta Trail / Antioch Bridge, Bay Trail / San Mateo Bridge, Doolittle Drive / Oakland Airport. The District also is engaging with our legislative delegation and advocate for additional Active Transportation money for both East Bay counties. ALTERNATIVES None recommended.

86 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT SB 595 (BEALL D-SAN JOSE) BAY AREA TOLL AUTHORITY BRIDGE FEES (REGIONAL MEASURE 3) WHEREAS, SB 595 would allow for a vote to increase bridge tolls throughout the San Francisco Bay Area; and WHEREAS, the increase would occur on the seven state-operated bridges in the region and requires a collective 50+1 vote of the entire nine Bay Area counties; and WHEREAS, the East Bay represents 37% of the voters and contributes 49% of the toll fees for the nine-county region; and WHEREAS, the East Bay should receive a proportional share of revenue from a toll increase to the contribution of its residents; and WHEREAS, Active / Green Transportation corridors relieve congestion on busy freeways, bridges and streets; and WHEREAS, the District is working include funding for Active / Green Transportation routes, which has potential to benefit the Bay Trail, Iron Horse Regional Trail and others; and WHEREAS, the District has identified $75 million in Green Transportation projects which would close paved trail gaps, better link paved trails to East Bay bridges and reduce traffic congestion as alternative transportation routes; and WHEREAS, SB 595 is consistent with the District s practice of leveraging resources from multiple sources for project development. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support SB 595 (Beall D-San Jose) Bay Area Toll Authority Bridge Fees (Regional Measure 3); and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

87 Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT:

88 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 RESOLUTION TO SUPPORT S. 896 (BURR R-NC) PERMANENT REAUTHORIZATION OF THE LAND AND WATER CONSERVATION FUND WHEREAS, S. 896 seeks to permanently reauthorize the Land and Water Conservation Fund (LWCF) from revenues generated by oil drilling; and WHEREAS, the current LWCF authorization expires in 2018; and WHEREAS, the LWCF has provided over 40,000 grants in its 50 plus years, totaling $16.7 billion since its inception; and WHEREAS, the District has received $15.1 million in funding for various parks and trials from the LWCF; and WHEREAS, the LWCF has played a valuable role in the development of at least 15 of the 65 units in the East Bay Regional Park District system; and WHEREAS, while supporting permanent reauthorization, the Board recommends Senator Burr work to improve his legislation to also appropriate full funding annually for the LWCF. NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional Park District hereby support S. 896 (Burr R-NC) Permanent Reauthorization of the Land and Water Conservation Fund; and BE IT FURTHER RESOLVED, the Board of Directors of the East Bay Regional Park District hereby recommend Senator Richard Burr work to improve S. 896 by requiring the annual full appropriation of LWCF funding; and BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents, and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 20 th day of June 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 83

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90 FINANCE AND MANAGEMENT SERVICES

91 D. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, FINANCE AND MANAGEMENT SERVICES DIVISION RECOMMENDATION a. PUBLIC HEARING Approval of Engineer's Report for Fiscal Year 2017/2018, Adopt Resolution Confirming Diagram and Assessment, Order Maintenance, Improvements and Levy Annual Assessment for East Contra Costa County Landscaping and Lighting Assessment District No. 1; Adopt Resolution Regarding Protests (Spaulding/Auker) The General Manager recommends that the Board of Directors: 1. Receive public comments regarding the Draft Engineer's Report for operation of the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC- 1) for Fiscal Year 2017/2018; 2. Approve the ECCC-1 Engineer's Report for Fiscal Year 2017/2018; 3. Adopt a resolution confirming the diagram and assessment as set forth in the Engineer s Report for Fiscal Year 2017/2018 (available for review through the Clerk of the Board); 4. Order the maintenance and improvements and levy the assessment as set forth in the Engineer's Report for Fiscal Year 2017/2018; 5. Adopt a resolution overruling protests. REVENUE/COST Assessment revenues, disregarding delinquencies, totaling $744,842 are expected to be raised from the East Contra Costa County Landscaping and Lighting Assessment (ECCC LLD) proceeding. These revenues are anticipated in the District s 2017 and 2018 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 appropriations total $641,410. Other projects using ECCC LLD funds will be brought forward for Board approval at a future meeting. BACKGROUND 89

92 On May 16, 2017, the Board passed a Resolution of Intention to Order Improvements for the FY 2017/2018 operation of ECCC-1, establishing Tuesday, June 20, 2017, at 2:00 p.m. at the Big Break Visitors Center at the Delta, 69 Big Break Road, Oakley, CA as the date, time, and place to conduct a public hearing, and instructing the Clerk of the Board to provide appropriate notice. The proposed FY 2017/2018 program is described in the Engineer's Report (Attachment A) submitted with this board report. East Contra Costa County (ECCC) was annexed to the District in This annexation occurred without redistribution to the District of tax revenues being collected by the County and, as a result, no operating revenue for regional park and trail facilities could be provided at the time of annexation. In the mid-to-late 1980s, substantial residential development, and corresponding population growth occurred in the area inevitably leading to local citizen requests for regional park facilities and services in the far ECCC area. The passage of Measure AA in 1988 provided capital funds for the acquisition and development of regional park and trail facilities in ECCC. Without tax revenues, however, there was no funding available for maintenance and operation of these new regional park facilities. In recognition of this problem, the Board appointed a representative community-based ECCC Citizens Task Force to consider approaches for providing operation and maintenance funding. After a long deliberation, the Citizens Task Force recommended creation of a Landscaping and Lighting Special Assessment District to provide needed operational revenues. The District then initiated legal proceedings which culminated in a December 1991 Board action to form the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1). ECCC-1 began its first year of operation on July 1, The initial assessment established for all qualifying parcels was an annual rate of $ At the time of formation, the Board indicated its intention to retain future annual assessments, with possible adjustments for inflation, at the same approximate level. The $19.70 rate has not changed. In November 1996, consistent with the provisions of Proposition 218, the continuation of the assessment rate and services provided by ECCC-1 was placed on the ballot as Measure LL. This ballot measure was approved (67.8% in favor) by the citizens of ECCC. The proposed program for FY 2017/2018 is described in the Engineer's Report, Attachment A. The assessment for FY 2017/2018 would remain the same as last year at $19.70 per dwelling unit. The General Manager recommends that the Board approve the Engineer s Report. By taking the recommended action, the District will make it possible for the ECCC-1 to continue its current service to East Contra Costa residents in the 2017 and 2018 District budget years. At this Board meeting, on June 20, 2017, the Board will receive public comments and thereafter determine whether to approve the Engineer s Report (Work Program, Budget and Rate of Assessment). A second resolution is a requirement of State law that the Board must adopt a resolution overruling any protest to the assessment if any should be received. ALTERNATIVES 90

93 None recommended. Attachment A: FY 2017/2018 Engineer s Report for ECCC-1 91

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95 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 APPROVAL OF ENGINEER'S REPORT FOR FISCAL YEAR 2017/2018, ADOPT RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT, ORDER MAINTENANCE, IMPROVEMENTS AND LEVY ANNUAL ASSESSMENT FOR EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 WHEREAS, on May 2, 2017 the Board of Directors approved Resolution initiating proceedings and directed NBS, the Engineer, to prepare and file an Engineer s Report for the East Contra Costa County Landscaping and Lighting Assessment District No.1 (ECCC- 1) for Fiscal Year 2017/2018; and WHEREAS, at the time of the formation of ECCC-1 in 1991, the Board indicated its intention to retain future annual assessments at the same approximate level and these rates have been continued at $19.70 per dwelling unit for residential parcels up to and including four dwelling units, $9.85 per dwelling unit for residential parcels with more than four units, and $4.92 per unit for hotels, motels, and mobile home parks; and WHEREAS, in November 1996, consistent with the provisions of Proposition 218, the continuation of the assessment rate and services provided by ECCC-1 was placed on the ballot as Measure LL and this ballot measure was approved (67.8% in favor) by the electorate of East Contra Costa County; and WHEREAS, on May 16, 2017 the Board of Directors granted preliminary approval to the Draft ECCC-1 Engineer s Report for Fiscal Year 2017/2018, adopted a Resolution of Intention to Order Improvements within ECCC-1, and set a public hearing to be held on June 20, 2017, at 2:00 p.m. at the Big Break Visitors Center, 69 Big Break Road, Oakley, CA 94561, and notice of the hearing was given in the time and manner required by law; and WHEREAS, at the public hearing the Board of Directors afforded to interested persons an opportunity to protest the annual report either in writing or in person, and the Board of Directors has considered the protests. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby approves the Engineer's Report for ECCC-1, approves the diagram and assessment, orders the maintenance and operation of the Assessment District, and hereby levies the assessment, all as set forth in the Engineer's Report for 2017/2018; 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. 93

96 Moved by Director, seconded by Director, and adopted this 20 th day of June, 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 94

97 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO June 20, 2017 RESOLUTION OVERRULING PROTESTS (Pursuant to the Landscaping & Lighting Act of 1972) WHEREAS, on June 20, 2017 the Board of Directors opened a public hearing on the approval of the Engineer's Report on the proposed maintenance and operation of the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) for Fiscal Year 2017/2018; and WHEREAS, at or before the time set for hearing, certain interested persons made protest, or objections to the proposed maintenance and operation, the extent of the assessment district, or the proposed assessment; and WHEREAS, the Board of Directors finds that the protest against the proposed maintenance and operation (including all written protests not withdrawn in writing before the conclusion of the protest meeting) is made by the owners of less than one-half (50%) of the area of the land to be assessed. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby overrules each of these protests. Moved by Director, seconded by Director, and adopted this 20th day of June, 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 95

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99 Engineer s Report for: East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) Fiscal Year 2017/18 OFFICE LOCATIONS: Temecula Corporate Headquarters Temecula Parkway, Suite 100 Temecula, CA San Francisco Regional Office 870 Market Street, Suite 1223 San Francisco, CA California Satellite Offices Atascadero, Davis, Huntington Beach, Joshua Tree, Riverside, Sacramento, San Jose Prepared by: 97

100 TABLE OF CONTENTS EXECUTIVE SUMMARY... 1 PLANS AND SPECIFICATIONS... 2 Description of the District Boundaries...2 Description of Areas to be Improved...2 Description of Improvements...4 Identification of Benefit...4 ESTIMATE OF COSTS... 5 ASSESSMENT DIAGRAM... 6 ASSESSMENTS... 7 Method of Apportionment...7 Appeals of Assessment Levy to Property...7 Assessment Roll

101 EXECUTIVE SUMMARY On May 2, 2017, 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 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 2017/18 Proposed Assessment Fiscal Year 2017/18 Maximum Assessment $744, $744, As Confirmed by Board 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. East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 1 99

102 PLANS AND SPECIFICATIONS 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. 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: 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 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 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 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. East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 2 100

103 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 The EBRPD acquired land from IHSD nearby for a permanent service yard, which was completed in The ECCC Service Yard provides necessary support for the continued growth of the District Trails and Park Program. Vasco Caves Regional Preserve / Vasco Hills / Byron Vernal Pools The original 750-acre property of the Vasco Caves was acquired by the Contra Costa Water District and the EBRPD in 1997/98 at a cost of $1,360,000. The area is 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 a cost of $2, There is a security residence at this location. The Vasco Hills and Vasco Caves parklands continued to be augmented in , and the acre Coelho - Machado property was acquired in 2016 at a cost of $1.5 million. In total, Vasco now encompasses almost 4,000 acres. Beginning in 2009, additional land in the Vasco area was acquired, known as the Byron Vernal Pools. To-date, Byron Vernal Pools totals 1,600 acres acquired at a total cost of $10.7 million. 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 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 campsite, 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. Deer Valley Regional Park In 2014 the District acquired the 960 acre Dainty Ranch and the 1,885 acre Roddy Ranch to begin the process of creating the Deer Valley Regional Park, as described in the District s Master Plan. In 2016 the District acquired an additional acres known as the SMD-Hanson Property. These properties are currently in Land Banked status. East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 3 101

104 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. 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. East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 4 102

105 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 2017/18 is shown in the following table: Description Amount Sources Beginning Fund Balance, January 1, 2017 $499,419 Total Assessment FY 2017/18 744,842 County Collection Fees (28,032) Interest 3,000 Total Sources $1,219,229 Uses Maintenance Expenditures: Salaries and Benefits $583,560 Supplies 50,000 Services 9,000 Capital Outlay 0 Administrative Expenses: Intra-District Charges 0 Engineer Charges 5,000 Transfers Out 0 Total Uses $647,560 Projected Change in Fund Balance $72,250 Projected Ending Fund Balance, December 31, 2017 $571,669 East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 5 103

106 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. East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 6 104

107 ASSESSMENTS The actual assessments for Fiscal Year 2017/18, 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. 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 2017/18, there are 36,228 assessable units for a total of $713, 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 2017/18, there are 592 assessable units for a total of $11, 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 2017/18, there are 1,470 assessable units for a total of $14, 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 2017/18, there are 1,018 assessable units for a total of $5, All assessments are rounded down to an even cent for placement on the Contra Costa County property tax roll. 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 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 or designee will promptly review the appeal and any information provided by the property owner. If the Chief Financial Officer 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 or designee is authorized to refund the property owner the amount of any approved reduction. Any dispute over the East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 7 105

108 decision of the Chief Financial Officer or designee shall be referred to the EBRPD Board of Directors and the decision of the Board shall be final. 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. East Bay Regional Park District East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) 8 106

109 ACQUISITION STEWARDSHIP DEVELOPMENT

110 D. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION RECOMMENDATION a. Authorization to Enter into an Option, Purchase and Sale Agreement and Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 320± Acres of Real Property from Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust, dated June 19, 2002: Byron Vernal Pools Regional Preserve (Musbach/Nisbet) The General Manager recommends that the Board of Directors authorize staff to enter into an Option, Purchase and Sale Agreement (Agreement) with Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust, dated June 19, 2002 (Seller), and transfer and appropriate funds for the option payment and related acquisition costs for 320± acres located in an unincorporated area of Contra Costa County, immediately south of the District s recent Campos acquisition and the Contra Costa County airport conservation easement area, and east of Vasco Hills Regional Preserve and the body of Byron Vernal Pools Regional Preserve. REVENUE/COST The property may be acquired for $2,400,000, a purchase price based on appraised fair market value, plus acquisition costs as described below. Pursuant to the Agreement, an initial option payment of $25,000 will be placed into escrow upon execution of the Agreement. The option payment is to be credited towards the purchase price. The option period begins the date of full execution of the Agreement with close of escrow no later than December 30, Upon satisfaction of the conditions precedent as set forth in the Agreement, the District shall release $10,000 of the $25,000 Option Payment from escrow to Seller on or before July 1, The $10,000 released to Seller will be non-refundable to the District, but shall be applicable toward the purchase price in the event the District is able to satisfy all remaining conditions precedent as set forth in the Agreement. This property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) with ninety percent of the purchase price requested from the California Wildlife Conservation Board (WCB). In order to meet the granting agencies deadlines, this action authorizes staff to enter into funding agreements necessary to secure 107

111 monies from the Conservancy and WCB. The remainder of the funding for the purchase price is proposed to come from two sources: 1) Conservation funds gifted to the Park District by various wind farms collectively known as NextEra via a Memorandum of Understanding approved by Board Resolution No on June 6, The funds are to be used for conservation projects benefitting bird and bat species and were credited to other than asset project account LNEC; and 2) Grant funds provided by the Tres Vaqueros Settlement fund, should our application be successful. These funds are part of a settlement agreement reached for avian mitigation in 2009 between the State Attorney General, Tres Vaqueros Wind Farms LLC, Babcock and Brown Renewable Holdings Inc., and Wind Development Contract Co. LLC. Authorization to apply for these funds will be requested in a companion board item presented at this June 20, 2017 Board meeting. This Board action authorizes the transfer and appropriation of NextEra Conservation Funds and preliminary acquisition funds provided by our renewed Cost Sharing Agreement with the Conservancy, approved on January 10, 2017 by Board Resolution No , for the option payment and associated acquisition expenses as follows: SOURCE OF FUNDS NextEra Conservation Funds (OTA LNEC) $ 25,000 Future Preliminary Acquisition Study ECCCHC (CIP LHCP) 44,000 TOTAL CURRENT PROJECT COST $ 69,000 USE OF FUNDS Casey-Stewart/Byron Vernal Pools Acquisition (CIP ) Option Payment $ 25,000 Appraisal 13,500 Phase 1 5,500 Staff Time 20,000 Historic Assessment 5,000 TOTAL CURRENT PROJECT COST $ 69,000 A request for approval of the exercise of option and funding for remaining acquisition costs will be submitted to the Board at a future board meeting. BACKGROUND On May 5, 2015, by its Resolution No , the Board of Directors authorized staff to begin negotiations with Robert F. Casey, Trustee and Samuel Stewart and Jacqueline Stewart Trustees for the acquisition of their 640± acre real property. Subsequently, ownership of the subject 320-acre parcel was transferred to Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust, dated June 19, Staff obtained a second authorization to negotiate on June 6, 2017 by Board Resolution No to update the ownership. The property is 108

112 located off Byron Hot Springs Road, a public road, in an unincorporated area of Contra Costa County, south of Byron, CA in what is known as the Vasco Corridor. Note: with this action, the project name will be updated from Casey-Stewart to Casey, to reflect the current ownership. The property is comprised of one rectangular-shaped parcel, APN: The subject property is proximate but not adjacent to Byron Vernal Pools Regional Preserve proper which lies to the west. The property comprises level to moderately sloping rolling hill terrain with natural grass vegetation primarily used for cattle grazing. Open grasslands punctuated by stands of trees established as part of early homestead and ranching operations, predominate the landscape and provide nesting habitat for raptors. The property is bisected on the western boundary by a tributary of Brushy Creek which feeds downstream vernal pools in the Byron Airport Habitat Management Lands supporting California tiger salamander, California red-legged frog and vernal pool fairy shrimp as well as a riparian plant community that will be allowed to flourish once protected. This riparian corridor provides habitat, resources and linkages to surrounding open space and grassland for animal species that use this area during migration. From vantage points on the property, views of the cities of Byron, Brentwood and Oakley can be seen against the backdrop of the San Joaquin and Sacramento River Delta to the northwest. The County zoning for the subject property is A-2 (Agricultural Land subject to Airport Land Use Zones B1 and B2) pursuant to the Contra Costa County zoning ordinance. The subject property is not encumbered with a Land Conservation Contract pursuant to the Williamson Act and is located outside the Contra Costa County Urban Limit Line. The only utilities serving the property are electricity and telephone via overhead power lines. Staff is requesting funding to evaluate several groupings of older, currently unusable ranch structures on the property prior to formulating a recommendation for their future use or demolition. The East Contra Costa County Habitat Conservation Plan designates the property as a high priority acquisition because it provides the opportunity to close a gap in the Vasco Road area wildlife corridor, enhance potential conservation and habitat values, and prevent future wind farm development of the site. In addition, together with prior Byron Vernal Pools parkland acquisitions and local public right-of-way including Byron Hot Springs Road and Armstrong Road, the proposed Casey acquisition also presents opportunities for future public trail connections, public resource-compatible recreation, and potential early homesteading and ranching interpretation and education. An Acquisition Evaluation will be conducted to determine consistency with the Park District s Master Plan and the suitability of the property as an addition to the park system for resource conservation and public recreational purposes as part of a second board action to exercise the option, pending approval of grant funding and staff s due diligence over the next several months. ALTERNATIVES No alternatives are recommended. 109

113 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO ENTER INTO AN OPTION, PURCHASE AND SALE AGREEMENT AND TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION IN PARTNERSHIP WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY OF 320± ACRES OF REAL PROPERTY FROM ROBERT F. CASEY, TRUSTEE OF THE ROBERT F. CASEY REVOCABLE TRUST DATED JUNE 19, 2002: BYRON VERNAL POOLS REGIONAL PRESERVE WHEREAS, on May 5, 2015, by its Resolution No , the Board of Directors authorized staff to begin negotiations with Robert F. Casey, Trustee and Samuel Stewart and Jacqueline Stewart Trustees, for acquisition of their 640± acre property located on Byron Hot Springs Road in an unincorporated area of Contra Costa County, south of the City of Byron, CA; and WHEREAS, subsequently ownership of the subject 320 ± acre parcel was transferred to Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust dated June 19, 2002 (Seller); staff obtained authorization to negotiate with the new ownership on June 6, 2017 by Board Resolution No ; and WHEREAS, under direction given by the Board of Directors, staff has negotiated an Option, Purchase and Sale Agreement (Agreement) with the Seller for acquisition of the subject property; and WHEREAS, the property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) with funding requested from the California Wildlife Conservation Board (WCB); and WHEREAS, in order to qualify for these grant funding sources, the Park District will be required to enter into funding agreements necessary to secure funding from the Conservancy and WCB; and WHEREAS, this Board action authorizes the use of additional funds provided by various wind farms collectively known as Next Era via a Memorandum of Understanding approved by Board Resolution on June 6, 2012 to support this property acquisition. The funds are to be used for conservation projects benefitting bird and bat species and were credited to other than asset project account LNEC; and WHEREAS, by a companion Board item presented on this date, District staff plans to pursue the opportunity to compete for funds available from the Tres Vaqueros Settlement Funds for this acquisition; and 110

114 WHEREAS, acquisition of this parcel aids in important resource protection goals by maintaining open space; protecting special-status species habitat; and extending a wildlife corridor; and WHEREAS, together with prior Byron Vernal Pools parkland acquisitions and local public right-of-way including Byron Hot Springs Road and Armstrong Road, the proposed Casey acquisition also presents opportunities for future public trail connections, public resourcecompatible recreation and potential early homesteading and ranching interpretation and education; and WHEREAS, the Park District will be required to undertake all of the long-term management responsibility for the property; and WHEREAS, the property may be acquired for $2,400,000 and the Agreement calls for an option payment of $25,000 to be deposited into an escrow account immediately upon execution of the Agreement as consideration for an option to purchase fee title to the subject property; and WHEREAS, the Agreement calls for release to Sellers of $10,000 from said escrow account on or before July 1, 2017, after the Park District completes its due diligence to determine its ability to satisfy specified conditions precedent set forth in the Agreement. The early release option payment is applicable toward the purchase price but nonrefundable should the Park District elect not to purchase the property after the conditions precedent have been satisfied; and WHEREAS, under the California Environmental Quality Act and the District s Environmental Review Manual, this project is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to enter into the Option, Purchase and Sale Agreement with Robert F. Casey, Trustee of the Robert F. Casey Revocable Trust dated June 19, 2002 for the purchase of the 320± acre subject property; and BE IT FURTHER RESOLVED that the Board of Directors authorizes the General Manager to enter into funding agreements necessary to secure funding from the Conservancy and WCB; and BE IT FURTHER RESOLVED that the Board of Directors hereby authorizes the transfer and appropriation of $44,000 from project account Future Preliminary Acquisition Study ECCCHC (CIP LHCP) and $25,000 from other than asset project account NextEra Conservation Funds (CIP LNEC) to the updated project account, now named Casey at Byron Vernal Pools Acquisition (CIP ), as shown on the attached Budget Change form, to fund acquisition-related expenses; and 111

115 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 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 112

116 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM NEW APPROPRIATIONS Appropriate from General Fund From New Revenues X X BUDGET TRANSFERS Between Projects Between Funds DECREASE BUDGET ACCOUNT Account Name: Expense: Capital Project- Land Acquisition-District Wide-Land & Trails-Future Preliminary Acquisition Project-East Contra Costa County Habitat Conservancy Funds Account: / LHCP-100 Account Name: Expense: Capital Project- Land Acquisition-District Wide-Next Era Conservation Funds-Acquisition AMOUNT INCREASE BUDGET ACCOUNT Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Habitat Conservancy Funding- Admin Costs AMOUNT Account: / $ 19,000 LHCP-100 $ 19,000 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools-Casey Property-Next Era Conservation Funds- Purchase Price Account: / LNEC-009 Account Name: TRANSFER OUT: Other Than Asset Fund-Non-Departmental- District Wide-Transfer Out Account: / $ 25,000 LNEC-101 $ 25,000 TRANSFER BETWEEN FUNDS Account Name: TRANSFER IN: Capital Fund-Non Departmental-District Wide- Transfer In Account: $ 25,000 Account: $ 25,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on June 20, 2017 the General Manager recommends that the Board of Directors authorize transfer and appropriation of $25,000 Next Era Conservation funds from project and the appropriation of $19,000 Habitat Conservancy Funds, to augment the existing Habitat Conservancy budget of $25,000 in acquisition project to proceed with efforts to purchase the property, including an option payment. Posted by: Signature As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 6/20/ T:\BOARDCLK\BOARD MATERIAL\2017\11 - June 20, BBVC\S DRIVE\D-3-a- ASD Casey Property (formerly Casey Stewart) 113

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118 BYRON VERNAL POOLS REGIONAL PRESERVE East Bay Property: Robert F. Casey, Trustee Regional Park District Vicinity 0 1,000 2,000 Feet 1 inch [ Wildlands, Inc. Conservation Easement BYRON VERNAL POOLS CCWD Contra Costa County Conservation Easement Contra Costa County Conservation Easement BYRON VERNAL POOLS Robert F. Casey,Trustee acres approx. Location Map 115 O:\GIS\MPeterson\Projects_2017\ASD\Land\BoardMaps\BV_Casey\BV_Casey_Vicinity.mxd Date: 5/30/2017 VASCO HILLS

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120 D. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION RECOMMENDATION b. Authorization to Transfer and Appropriate Funds and Execute a Contract with Romtec, Inc. for the Purchase and Construction of Two Pre- Engineered Restroom/Shower Buildings: Del Valle Regional Park (Gilchrist/Nisbet) The General Manager recommends that the Board of Directors: 1. Authorize the transfer and appropriation of $500,000 from the Major Infrastructure Fund (553) to the Upgrade Restrooms 19 & 21 Project (#512200); and 2. Authorize the General Manager, or designee, to execute a sole source contract with Romtec, Inc. of Roseburg, Oregon, in the amount of $1,062,417, for the purchase, delivery, and construction of two (2) pre-engineered restroom/shower buildings. REVENUE/COST Romtec, Inc. is a California Multiple Award Schedules (CMAS) contractor, and the East Bay Regional Park District (District) is receiving CMAS pricing for this purchase. Sufficient funding for the contract with Romtec, Inc. is available from the source of funds indicated below. SOURCE OF FUNDS Transfer from Major Infrastructure Fund (553) $ 500,000 Appropriate to Project # Upgrade Restrooms 19 & ,298 Expenditures and Encumbrances to Date (57,080) AVAILABLE BALANCE $ 1,358,218 USE OF FUNDS Contract to Romtec, Inc. of Roseburg, Oregon $ 1,062,417 REMAINING BALANCE $ 295,801 Additionally, on April 19, 2016, the Board of Directors authorized the acceptance of a grant award from the Land and Water Conservation Fund in the amount of $337,000. Upon receipt of grant funds, the remaining project balance will increase to $632,801. These funds will be used 117

121 for staff time and contracts to complete the project, including demolition of the existing buildings and Americans with Disabilities Act (ADA) site improvements. BACKGROUND The campground at Del Valle Regional Park has six (6) combination restroom/shower buildings. Four (4) of these buildings have been replaced over the last few years and two original buildings are remaining. This project will replace the remaining old wood restroom/shower buildings. The useful life of these buildings has been exceeded and staff has identified these structures for replacement as funding allows. The Maintenance and Skilled Trades (MAST) Department has repaired the wood buildings numerous times over the years due to significant damage from woodpecker activity and water damage. Replacement using new wood construction is not advisable due to durability and higher cost concerns. Concrete or concrete block buildings are recommended as a durable alternative. The District has installed restroom/shower buildings at Del Valle from three (3) different suppliers, including the proposed supplier. The consensus of staff is that the product from the selected supplier is superior for this type of large combination restroom/shower building. Additionally, the proposed site-built alternative can be delivered to the sites without trimming trees and otherwise modifying the access road, as would be required for the other two prefabricated options. The finishes of the proposed buildings would be similar to the existing combination restroom/shower buildings in the campground. As noted above, Romtec, Inc. is a California Multiple Award Schedules (CMAS) contractor, and the District receives CMAS pricing for this purchase which complies with District procurement policies. ALTERNATIVES No alternatives are recommended. 118

122 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: June 20, 2017 AUTHORIZATION TO TRANSFER AND APPROPRIATE FUNDS AND EXECUTE A CONTRACT WITH ROMTEC, INC. FOR THE PURCHASE AND CONSTRUCTION OF TWO PRE-ENGINEERED RESTROOM/SHOWER BUILDINGS: DEL VALLE REGIONAL PARK WHEREAS, the campground at Del Valle Regional Park has six (6) combination restroom/shower buildings and four (4) of these buildings have been replaced over the last few years; and WHEREAS, two (2) original buildings are remaining and this project will replace the remaining old wood restroom/shower buildings #19 and #21; and WHEREAS, the useful life of these buildings has been exceeded and staff has identified these structures for replacement as funding allows; and WHEREAS, the East Bay Regional Park District (District) has installed restroom/shower buildings at Del Valle from three (3) different suppliers, including Romtec, Inc., and the consensus of staff is that the selected product is superior for this type of large combination restroom/shower building, while also eliminating modifications to the access road for delivery; and WHEREAS, Romtec, Inc. is a California Multiple Award Schedules (CMAS) contractor, and the District receives CMAS pricing for this purchase which complies with District procurement policies; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the Budget Change form attached hereto that transfers and appropriates $500,000 from the Major Infrastructure Fund (553) to the Upgrade Restrooms 19 & 21 Project (#512200); and BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of a contract to Romtec, Inc. of Roseburg, Oregon, in the amount $1,062,417, for the purchase, delivery, and onsite construction of two (2) pre-engineered combination restroom/shower buildings; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. 119

123 Moved by Director, seconded by Director, and adopted this 20 th day of June, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 120

124 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM NEW APPROPRIATIONS From New Revenues DECREASE BUDGET ACCOUNT AMOUNT BUDGET TRANSFERS x Between Funds INCREASE BUDGET ACCOUNT Account Name: Expense: OTA Fund- Design & Construction-Del Valle- Services/Replace Restroom # 19 & 21 Project-MIRR Funds-Construction Contract AMOUNT Account Name: TRANSFER OUT: Major Infrastructure Renovation and Replacement Fund-Non Departmental- District Wide-Transfer Out Account: / MIRR-009 TRANSFERS BETWEEN FUNDS Account Name: TRANSFER IN: Other Than Asset Fund-Non Departmental-District Wide-Transfer In $ 500,000 Account: $ 500,000 Account: $ 500,000 As being presented at the Board of Directors meeting on June 20, 2017 the General Manager recommends that the Board of Directors authorize the transfer and appropriation of $500,000 from the Major Infrastructure Renovation and Replacement Fund balance to project This additional funding brings the total project budget to: $1,415,298. Posted By: Signature: As approved at the Board of Directors Meeting on date: 6/20/2017 Board of Directors Resolution Number: Posted date: T:\BOARDCLK\BOARD MATERIAL\2017\11 - June 20, BBVC\S DRIVE\D-3-b- ASD Replace Restrooms 19 & 21 Del Valle MIRR 121

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126 SCALE DRAWING NO. SHEET NO. AS NOTED UPGRADE RESTROOMS 19 AND 21 DEL VALLE REGIONAL PARK LIVERMORE, CA PROJECT NO DATE 06/02/2017 CONTRACT NO OF 1 EAST BAY REGIONAL PARK DISTRICT

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128 BOARD AND STAFF REPORTS

129 D. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT 4. BOARD AND STAFF REPORTS Tuesday, June 20, 2017 a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle) Martinez City Council Martinez Intermodal Facility Pedestrian Bridge On June 1, 2017, the Martinez City Council adopted a resolution authorizing an agreement with the Union Pacific Railroad for the rights to construct and maintain a pedestrian bridge that would connect the Martinez Amtrak Train Station to the recently completed Martinez Intermodal Facility parking lot. Additional improvements for the Martinez Intermodal Facility will result in the realignment of the Ferry Street Extension. The realignment of the Ferry Street Extension will result in an altered entrance to the Ted and Kathy Radke Martinez Regional Shoreline and improved trail access into the park. The District entered into a Memorandum of Understanding with Martinez in 2014 that granted Martinez two 66-year leases to facilitate the Ferry Street realignment and ensured that no permanent residential use would be permitted on the Intermodal Facility parking lot located adjacent to the regional shoreline. Construction of the pedestrian bridge and the Ferry Street improvements are scheduled to start in the fall of this year and be completed in the summer of

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131 GM COMMENTS

132 D. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, GENERAL MANAGER S COMMENTS STAFF PRESENTATION Assistant General Manager Debra Auker and Assistant Finance Officer Jeff Rasmussen will provide a presentation on the Park District s accomplishments in East Contra Costa County. Supervising Naturalist Mike Moran will provide an update on programming and events at the Big Break Visitor Center over the last year. GM COMMENTS From May 1, to May 31, 2017 the Public Safety Division handled 1,055 calls for service and 1,995 total incidents. Highlights are included below. Police There were 42 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers handled 125 field interviews (contacts without citations or arrests) and contacted 5 people on probation or parole to conduct compliance checks. Alameda Creek Trail: On May 2, officers contacted a male who had locked himself in the restroom. The male was transported to the hospital for a mental health evaluation. Carquinez: On May 1, an officer took a report of an auto burglary where credit cards were stolen and fraudulently used shortly after the theft. Contra Loma: On May 29, officers confiscated a firearm from a juvenile. He was released to his parents and charges for the weapons violation will be filed. Crown Beach: On May 4, an officer made an arrest for a park curfew violation. On May 12, officers and medical personnel responded to the report of an unresponsive kite surfer. The male was transported to the hospital for further treatment and later pronounced deceased. 127

133 Del Valle: On May 10, officers took a report of a sexual assault that occurred the prior week. The suspect has been arrested. Also on this day, an arrest was made for public intoxication. Garin: On May 5, several officers and medical personnel responded to a death report. The person had been reported last month as a missing suicidal subject. On May 21, one subject was cited for failing to pay parking fees. Martin Luther King Jr. Shoreline: On May 2, officers arrested a male and female for several charges which included felon in possession of a concealed firearm and violation of a court order. McLaughlin Eastshore State Park: On May 4, an officer arrested a male for violation of a court order and violating sex offender registration requirements. Miller Knox: On May 1, an officer took a report of a robbery at gun point and a carjacking. On May 10, officers and medical personnel responded to the report of a suicidal female. She was transported to the hospital for a mental health evaluation. Out of Park, Sacramento: On May 8, the mounted police unit along with officers and sergeants attended the fallen peace officers memorial at the California State Capital. Quarry Lakes: On May 31, an arrest was made for an outstanding warrant in Alameda County. Shadow Cliffs: On May 20, an officer arrested a male for public intoxication. Wildcat Canyon: On May 7, officers took a report of an assault with a deadly weapon - a male ran his car into park staff in the lot. No medical was required and the investigation is ongoing. Fire Operations Fire Response Del Valle: On May 8, firefighters responded and extinguished a dumpster fire located below the service yard. On May 29, firefighters assisted a kayaker with a tow to the marina. Training Redwood: On May 4 and 25, firefighters participated in chainsaw training. Medical/Accident/Injury 128

134 District Firefighters responded to three personal injuries and one medical emergency throughout the District. Fire Fuels Management District-wide: During the month of May, goat grazing was utilized at Anthony Chabot, Ardenwood, and Garin. Tilden: During the month of May, fire crews stacked and burned piles of thinning slash in treatment area TI001 along Nimitz Way and continued fuel reduction in treatment area TI004 along Wildcat Canyon Road. Also, Civicorps crews completed fuels reduction near Fire Station 1 and the North County Service Yard. On May 31, Civicorps crews began fuels reduction near Summit Road and Golf Course Road. Wildcat: During the month of May, Civicorps crews completed fuels reduction near Ivy Court and Rifle Range Road near Kensington. Lifeguard Service On May 3, staff hosted a water safety booth at the Fairview Health and Safety Fair at Fairview Elementary in Hayward. Over 550 students and family members attended the event. On May 3, Lifeguard Service Manager Pete DeQuincy presented at the Washington Recreation and Parks Association annual conference in Spokane, Washington. On May 10, staff attended the first module of the Youth Outside training at Big Break. On May 12, staff hosted a water safety booth at the Searles Health and Resource Fair at Searles Elementary school in Union City with six hundred students and their families in attendance. On May 21, thirty lifeguard cadets completed their weekend lifeguard academy training at Lake Temescal. They will continue their on-site facility training as the final phase of their lifeguard training. On May 23, staff hosted a water safety booth at the Emergency Medical Services (EMS) Week Kids Day at Alameda County EMS in San Leandro. The event was attended by approximately fifty youth from Washington Elementary school in San Leandro. On May 26, staff attended the Hero s Day event at Sunol Glen Elementary school. The event allowed 250 students to interact with local police, fire, and EMS personnel from the District and other local agencies. 129

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136 BOARD COMMITTEE REPORTS

137 D. BUSINESS BEFORE THE BOARD Present AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, June 20, BOARD COMMITTEE REPORTS a. Board Executive Committee (5/4/2017) (Lane) Board: Beverly Lane (Chair), Ayn Wieskamp, Dennis Waespi Staff: Jim O Connor, Monique Salas, Kevin Takei, Scott Possin, Jeff Rasmussen, Julie Bondurant, Brian Holt, Bob Nisbet, Anthony Ciaburro, Lane Brede, Sandra Hamlat, Debra Auker, Mike Reeves, Mimi Waluch, Erich Pfuehler, Renee Patterson, Eric Holmes Public: Director Whitney Dotson, Kelly Abreu, Kyle McDonald, Stefan Geiger Board Executive Committee Chair Beverly Lane called the meeting to order at 12:32 pm. 1. Public Safety Division Staffing Plan and Challenges Anthony Ciaburro and Lance Brede, Police Captains, presented this agenda item. The Police Department was recently reorganized to re-establish a two-police captain model. The primary purpose of the reorganization was to provide better command and control over two major functions of the Police Department Operations Division and Support Services Division. This reorganization is consistent with the structure of other similarly-sized agencies in the East Bay community. Captain Ciaburro emphasized the importance of accountability and working with the community. The Police Department has experienced a larger than usual vacancy rate due to retirements, resignations, and workers compensation related leaves. Captain Ciaburro talked about staffing and hiring challenges facing the department. He presented a flow chart of the recruitment process, noting that many people meet the minimum qualifications and pass the exams, but are not able to pass the background check. Public Safety is making efforts to identify people who not only want to work in public safety, but for the Park District. The Park District has become more competitive in terms of salary and benefits. Director Ayn Wieskamp asked about a police cadet program. The Park District s Public Safety Student Aide Program is similar to a cadet program; it provides individuals, who are interested in a career in public safety, with an 131

138 opportunity to work closely in an administrative capacity with the Park District s Police, Fire, and Lifeguard Services Departments. Staff showed organizational charts of East Bay police departments which had a two-police captain structure including San Leandro, Pittsburg, Brentwood, Pleasanton, and Walnut Creek. Director Dennis Waespi asked if other agencies faced similar challenges to the Park District, and inquired if any park rangers have transitioned over to working in Public Safety. Captain Ciaburro responded that housing and the cost living in the Bay Area are challenges facing all employers. Captain Brede commented that there have been some park rangers who have transitioned over to Public Safety. Director Beverly Lane inquired about the history of the twocaptain model. Captain Brede gave a short history of how the department evolved from a twocaptain model to a one-captain model. Jim O Connor, Assistant General Manager, inquired if staff has tried to recruit at park management programs. Captain Brede responded that staff has been working closely with Human Resources on recruitment efforts and passing out information at various job fairs. Public Comment: Kelly Abreu commented on parking at Vargas Plateau and enforcement of the City of Fremont s parking permit program. Recommendation: None. This was an informational item. 2. Pt. Isabel Bay Water Trail Project Design Update Jeff Rasmussen, Assistant Finance Officer, presented this agenda item. In 2016, the Park District in partnership with the Association of Bay Area Governments completed a San Francisco Bay Area Water Trail Implementation Plan (Plan) for the Park District. Pt. Isabel was a designated site in the Plan. Kyle McDonald from CLE Engineering provided an overview of the specifics of the project, including conceptual design plans. The four phases of work include: improving access to the San Francisco Bay by rehabilitating the existing non-motorized boat launch; constructing a new parking area to additional parking spaces; repair existing shoreline and ADA access to the Bay; and preparing the failing portion of the Hoffman Channel Shoreline project. Park District and CLE staff have met with several user groups about the project. Director Dennis Waespi commented that this is a great project. The Committee and staff discussed dogs in the shoreline. Director Ayn Wieskamp asked about the project costs, and requested that staff provide project cost estimates to the Board. Phase I is estimated to cost $500,000; detailed costs projections will be provided as the Plan becomes finalized. Director Beverly Lane commented that Pt. Isabel has not seen any improvements in a long time, and she looks forward to the project. Recommendation: None. This was an informational item. 3. East Bay Gateway Regional Shoreline Status Update Brian Holt, Principal Planner, presented this agenda item. He showed a map of the project and gave a short overview of the history of the project. The Oakland Army Base was placed on a federal base closure list in Shortly thereafter, the Oakland Base Reuse Authority issued a 132

139 request for proposals that would benefit the general public. The Park District s Board of Directors authorized application for a public benefit conveyance of the property. Staff estimates the conveyance will occur before the end of the year. The Gateway Park Working Group ( Working Group ), a consortium of nine agencies, developed a Gateway Park Project Concept Report in 2012 that includes the public benefit conveyance parcel that is expected to come to the Park District and additional lands owned by the City of Oakland and CalTrans for a new park totaling 45 acres. The two key features of the proposed park is the restoration of the Brideyard building and the Bay Bridge trail connection. Since that time, the Working Group has been working to complete environmental review pursuant to CEQA. Mr. Holt gave an overview of the draft environmental impact report and analysis, and showed renderings of the site area and proposed uses. Director Beverly Lane asked if Park District staff will be represented at the Working Group meetings. Mr. Holt responded that a team of Park District staff have been assigned to work on the project. Director Ayn Wieskamp asked for information on financing, and noted the importance of having funds available to finance the project. A funding plan was developed several years ago which identified toll funds, bridge funds, and private financing. Measure WW funds and mitigation funds are also available. Director Dennis Waespi asked for information on clean-up efforts of the site. Mr. Holt gave an overview of military base cleanup and requirements imposed by both federal and state laws. Director Beverly Lane appreciated the update, and commented that the project is at a crucial point for Park District staff to pay a larger part in the process. Director Ayn Wieskamp commented that providing greater access to the site is critical. Recommendation: None. This was an informational item. 4. Open Forum for Public Comments None. 5. Committee Comments Director Dennis Waespi stated he received positive comments on the opening of Vargas, and provided an update on Redwood Canyon Golf Course. Director Ayn Wieskamp requested an update on the Niles Canyon Open Road event in the fall. There being no further business, Board Executive Committee Chair Beverly Lane declared the meeting adjourned at 1:58 pm. Respectfully submitted, Becky K. Pheng 133

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141 NEWSCLIPS

142 Ceremony to commemorate new Alamo bocce courts Recreational courts opening at Livorna Park by Erika Alvero Uploaded: Tue, Jun 13, 2017, 9:35 pm The Livorna Park bocce ball courts will include two bocce lanes, a shade structure, tables, seating and landscaping. (Photo courtesy of Public Works Department) The new Livorna Park bocce ball courts will be unveiled at a ribboncutting ceremony this Friday evening. The project at the Alamo park includes two bocce lanes, a shade structure, tables, seating and landscaping, and is intended for recreational use, with courts available on a first-come, first-served basis. Groups of over 20 people will need to acquire a park permit to use them. Construction of the courts was a collaborative effort by Contra Costa County Supervisor Candace Andersen, the Alamo Municipal Advisory Council and the Public Works Department, officials said. It's been several years in the making, and cost about $817,000 for construction, planning, design and management, with 100% of funding coming from East Bay Regional Park District Measure WW grant funds. Refreshments will be provided at the ceremony, which will take place at 6 p.m on Friday at Livorna Park, located at the corner of Livorna Road and Miranda Avenue in Alamo. After the ribbon cutting ceremony, Alamo's movie under the stars series will also be kicking off at the park that night, featuring a showing of "The Secret Life of Pets" at 8:45 p.m. 135

143 Several parks to share $1M for improvements June 13, 2017, 05:00 AM Several parks in the San Francisco Bay and Monterey Bay areas will share nearly $1 million to protect plants and animals, acquire and develop nature trails and bring nature to urban residents, state parks officials announced Thursday. Mills Canyon Park in Burlingame will receive $50,000 for trail improvements. The Soquel Creek Acquisition project will get $243,608 to acquire about 1.1 acres of riparian habitat in Santa Cruz County. In Sonoma County, $250,000 will be used to acquire acres of the McCormick Ranch near Sugarloaf Ridge State Park. Also, Phase 1 of the Sonoma Overlook Trail project will receive $55,113 for trail work. The East Bay Regional Park District will receive $200,000 to improve the Harrier Trail and enhance opportunities to interpret wildlife near Bay Point in Contra Costa County. Third-grade students will benefit from $159,655 to go on field trips to teach them about nature including weather phenomenon and plants and animals. 136

144 Politics & Government East Bay Park Projects Awarded State Grant Funding A total of $2.6 million in Habitat Conservation Fund Program grants was awarded statewide. By Maggie Avants (Patch Staff) - Updated June 12, :59 am ET CONTRA COSTA COUNTY, CA -- Two local parks projects in Contra Costa County were 19 selected statewide to receive a share of nearly $2.6 million in Habitat Conservation Fund Program grants meant to protect plants and animals, acquire and develop nature trails and bring nature to urban residents, California state parks officials announced last week. The East Bay Regional Park District will receive $200,000 to improve the Harrier Trail and enhance opportunities to interpret wildlife near Bay Point. Elsewhere in the San Francisco Bay Area, the Greater Vallejo Recreation District got a boost of $159,655 to provide field trips for third-grade students at six separate sites in Solano County. In Sonoma County, $250,000 will be used to acquire acres of the McCormick Ranch near Sugarloaf Ridge State Park. Also, Phase 1 of the Sonoma Overlook Trail project will receive $55,113 to re-route and restore approximately 795 linear feet of trail and rehabilitate approximately 3,155 linear feet of trail. The city of Davis was awarded $229,175 for public accessibility projects at South Fork Preserve, including: the construction of approximately 2,500 linear feet of new trail; improvements to approximately 650 linear feet of existing trail; construction of a new boardwalk and observation deck; and the addition of interpretive signage. 137

145 Yolo County was awarded $107,083 for Grasslands Regional Park improvements to include: construction of approximately 6,605 linear feet of standard trail and 1,122 linear feet of ADA-accessible trail; and additions of an interpretive kiosk and signage, a park-entry sign, shade structures and minor amenities. The California Department of Parks and Recreation-administered Habitat Conservation Fund is defined under the California Wildlife Protection Act of 1990 and will continue annually through June Application workshops were provided to interested entities to learn about the state-funded program, application requirements and tips for preparing application criteria responses. The competitive applications were evaluated by the department based on eligibility and the project proposal criteria, according to a news release. Bay City News Service contributed to this report. 138

146 Bay Point wetlands trail set for major improvements Sam Richards/BANG staff Bay Point Regional Shoreline, near the Harrier Trail trailhead near McAvoy Yacht Harbor in Bay Point By Sam Richards Bay Area News Group PUBLISHED: June 12, 2017 at 4:32 pm UPDATED: June 13, 2017 at 3:56 am BAY POINT It will be a different kind of elevation gain for the 1.1-mile Harrier Trail loop, as a planned $4 to $5 million improvement project will include literally raising the trail as much as five feet in some spots in the wetlands just west of the McAvoy Yacht Harbor marina. Right now, parts of that trail flood in the winter time; with the work, it will stay high and dry through 2080, said Chris Barton, environmental programs manager for the East Bay Regional Park District. The idea, he said, is to make the entire trail which resembles a gravel driveway in its best spots as high as its southernmost section, west of McAvoy Road along the railroad tracks. The trail descends, Barton said, the closer it gets to the Suisun Bay waterfront. In those spots, it will be raised as much a five feet; other parts of the trail will see smaller height gains. The trail work will be aided by a $200,000 grant from the California Department of Parks and Recreation, one of 19 grants, totalling $2.6 million, made statewide for various park improvement projects, from trail work to improving habitat for plants and animals and boosting nature interpretation programs to making parking lot improvements. Another Bay Area grant, for almost $160,000, will go to the Greater Vallejo Recreation District to operate field trips for third-graders in Solano County to six separate nature interpretive areas. A $50,000 grant also has been made to the city of Burlingame for improvements to its Mills Canyon Trail 139

147 The overarching Harrier Trail work is set to include improvements to ensure better Americans with Disabilities Act access, as well as restoration work to the wetlands through which the trail runs. Barton said part of this area had once been used for dredging sand, and returning it to its original tidal marsh state is a key goal of the project. The state Department of Parks grant will be added to other funds to make the work possible, Barton said. The planned work gets the approval of Deon Hrbacek of Bay Point, who with his German shepherd Sam walked the trail midday Monday just after a pair of bleating American avocet shorebirds set down in a man-made pond nearby. They re here pretty much every day, he said. He walks there now; as a kid in the 1970s, he often drove mis motorcycle through the property. Hopefully the trail will be a lot smoother; I think the work is great, Hrbacek said. They could use some running water out here, too. (That s coming, Barton said, with planned sewer service to the rudimentary restroom). The regional park district acquired the land in 1996 to preserve and restore the marshland and provide public access to the shoreline. The trail, established in the early 2000s, was named for the northern harrier, a slender grayish-white hawk native to the tidal marshes in the region and a species of special concern mostly for disappearing breeding habitat. The local Ambrose Recreation and Park District does not have any formal partnership with the East Bay Regional Park District for any local programs including use of the trail near McAvoy. We like to encourage people to get out there, get to an open space and enjoy nature, said Doug Long, the Ambrose district s general manager. And there s always potential for a (partnership); we re always looking for programs like that. 140

148 Heritage breeds find refuge at Little Farm in Tilden Park By Tom Turner PUBLISHED: June 8, 2017 at 8:29 am UPDATED: June 8, 2017 at 8:37 am Few things delight small children as animals do: farm animals, wild animals, birds, insects, tide pool denizens. That s why the Little Farm, adjacent to the Tilden Park Nature Area in the hills above Berkeley, is so popular, attracting upward of 150,000 people a year. What they may not know is that attraction now has an additional important purpose. Any given day (the farm is open everyday of the year), weather permitting, you will see parents, children, grandparents, nannies, teachers, toddlers, and infants of almost every conceivable ethnic group, age, and nationality busily feeding celery and lettuce (only!) to the cows, sheep, goats, and pigs, under the kind, watchful eye of Farmer Stanley. 141

149 Farmer Stanley Ward at Tilden Park's Little Farm Farmer Stanley Ward feeds the French Alpine goats at the Little Farm in the Tilden Nature Area in Berkeley, Calif., on Thursday, June 1, (Laura A. Oda/Bay Area News Group) When Stanley Ward, 60, took over the farm, the animals were a random collection of castoffs with no real organizing principle. Stanley would change all that. The Little Farm, so beloved by children and other visitors, would adopt a second important purpose: The promotion and display of historic breeds of heritage farm livestock. Ward was born and reared in Brixton, a hardscrabble neighborhood in south London. As a boy, Stanley spent summers in rural Sussex and became fascinated with animals and farming. He quit school at 15, went hitchhiking around Britain, ran out of money in Wales, and found work with an old-time farmer. He worked six days a week on the farm, with one day off to attend classes at an agriculture college. This went on for about 16 years and by the time he left he had absorbed a vast trove of knowledge about matters agricultural. Before he left school, Stanley became a Young Zoologist affiliated with the London Zoo. He happened upon an article that discussed a budding effort to preserve a wide array of historic breeds of livestock, and he became an original member of the Rare Breeds Survival Trust, the first such organization in the world. After a decade back in London working mostly as a carpenter, Stanley went to India and Sri Lanka to visit parks and lead safaris. There he met a California girl. They married and moved to the Bay Area. He landed a job as carpenter with the East Bay Regional Park District and soon was asked to take over the Little Farm, 142

150 which was built starting in 1955 by the Berkeley Kiwanis Club and volunteers from Berkeley High School. He s been running the show for 18 years. A typical day begins at 7:30 a.m., feeding his charges. He may also milk the cows, clean out the pens, dicker over a new batch of chicks, donate manure to a local gardener, and check that all the animals are sound in wind and limb. To the untutored eye, the animals at the Little Farm cows, sheep, goats, pigs, rabbits, chickens, geese, and ducks look much like other such creatures, but they are all heritage breeds. That is, they are all breeds that have been around since before the 1950s, some for centuries. Stanley s cows, for example, can be traced back to 1822, when the world s first herd book for domestic livestock was established. When agriculture in the U.S., Europe, and elsewhere began to industrialize after World War II, many breeds became rare or extinct. The Little Farm is trying in its modest way to see that some of these breeds survive. Under industrial agriculture, dairy cows were bred to maximize milk production. Beef cattle and pigs were bred to put on meat as quickly as possible. Chickens were developed to lay as many eggs as possible. Such breeds require high energy inputs that are unsustainable, Stanley argues. On a factory farm an intensive operation the animals are confined to small spaces, their feed must be brought in, often from far away, and their wastes must be disposed of, all expensive and carbon-intensive. At an extensive farm, like the Little Farm, the cows, goats, and sheep roam their pasture, feed themselves, and fertilize the soil with their droppings. The heritage breeds, in other words, are comfortable living outdoors, can reproduce naturally, are resilient, resistant to pests and disease, and have a complex genetic makeup that helps them adapt to changing conditions. Hardy and thrifty, Stanley calls them. The heritage animals are a reservoir of genetic wealth that could become invaluable in future food production from marginal extensive farming systems that would be much more sustainable than the industrial model. The concentration on a handful of breeds by industrial agriculture has led to rapid and widespread loss of many breeds already: The U.N. Food and Agriculture Organization estimates that 190 breeds of livestock and poultry have gone extinct in the past 15 years and that another 1,500 breeds are at risk of disappearing. Another FAO study estimated that half the breeds in existence in Europe at the turn of the last century are extinct, and in North America more than one third of livestock and poultry breeds are rare or in decline. 143

151 All these breeds trace their ancestry to Europe and the British Isles. In fact virtually all the animals and birds raised in the U.S. for meat, eggs, and wool hail originally from the Old World; The only species native to the New World that have been bred for human use are turkeys, llamas, alpacas, and guinea pigs. Farming in the middle of a nature reserve is not easy. They ve lost chickens to hawks, coyotes, and at least one bobcat. The pigs, chickens, ducks, and geese are out by day but are shooed into the barn at night for safety. The cows, sheep, and goats are left outside to fend for themselves, which they do successfully. The rabbits live in their large hutch day and night. Stanley sees himself as custodian of the farm and the land it s on that will one day be handed on to the next generation. Where better to spark children s interest in the land than at the Little Farm? I love this job, Stanley tells his visitor. I guess you could call me an interpretive farmer. I m trying to build a small mixed-species farm with historic breeds that are here to give people pleasure. The animals get to roam freely and have a pretty good life. And the public certainly enjoys the animals. On a big modern farm the farmer spends his days in front of a computer while the hands-on work is done by hired labor. I get to milk cows, shear sheep, trim the goats feet, and shovel manure. I get to work closely with the animals and the public, which is a nice mixture. The next time you visit the Little Farm see if you can find Stanley and ask him your farming questions. You won t be disappointed. The Little Farm and the nearby Tilden Nature Area Environmental Education Center are always looking for docents and volunteers. Visit to learn more. 144

152 Uploaded: Thu, Jun 8, 2017, 5:19 pm Las Trampas to expand public acreage, trails Park district presents on new plans for wilderness preserve in San Ramon Valley by Erika Alvero A view from the Chen corral, looking north. The Chen property parcel is currently landbanked, but with the land use plan amendment, would be open to the public. (Photo courtesy of East Bay Regional Park District) New trail developments are in the works for the southern portion of the Las Trampas Wilderness Regional Preserve, from San Ramon's northwest corner up through Danville. The East Bay Regional Park District presented its land-use plan amendment at the San Ramon Planning Commission meeting on Tuesday, as well as at a community meeting Wednesday night. The amendment would formally incorporate 760 publicly accessible acres of land and a little over seven miles of public trails to the Las Trampas Regional Wilderness, district planner Neoma Lavalle said on Tuesday. The move would expand the total amount of open parkland in Las Trampas, which is currently a little over 4,000 acres. Of the 760 acres the park district expects to incorporate, about 170 will be under conservation easement. The project is located west of the 680 freeway and near Bollinger Canyon and Crow Canyon roads. 145

153 "During this land-use plan amendment process, we will be considering the regional planning efforts that have already been conducted," said Lavalle, "including the town of Danville's General Plan, the city of San Ramon General Plan, the San Ramon Northwest Specific Plan and including the district's master plan. We hope to meet the goals for recreational opportunities and natural resource protection that are in those plans as well as our own plans." The project has been in the process for several years, first initiated in 2013 when the district staff began preparation of a land-use plan amendment (LUPA) and environmental impact report (EIR) -- the LUPA updated a previous plan defining how the preserve's acreage would be used and the EIR analyzes the potential environmental impact of the project. The parcels to be incorporated include Peters Ranch, acquired in 1983 and land-banked for future use, and the Chen property, acquired in 2007 through a fee acquisition and also land-banked. The Elworthy property parcel was dedicated in 2015 as a condition of the Quail Ridge development's construction, and is already open to the public. The new amendment would formally establish the property's place in the preserve. New pieces of land that are set to be incorporated include the Podva dedication parcel, which is scheduled for dedication in 2018 as part of the Red Hawk development, and the Faria Preserve, scheduled for dedication in There will be five public access points managed by the district in the newly incorporated region, and four managed by the city of San Ramon, under the proposal. In the spring, the park district has been gathering data and planning for the amendment, including its first public scoping meeting on Wednesday. Over the summer, staff will conduct analysis for traffic, air, noise and cultural resources, and they hope to finish drafting the land-use plan amendment in fall and winter. "Many thanks," Planning Commissioner Victoria Harris said after Lavalle's presentation on Tuesday. "This is obviously a culmination of years of perseverance, patience, planning and cooperation with many agencies, and the end result looks very impressive." 146

154 Cal s main attraction? For nesting peregrines, it s the Campanile By Anne Brice, Berkeley News June 7, 2017June 9, 2017 When Doug Bell heard that a pair of peregrine falcons was nesting on the Campanile, he couldn t believe his luck. An avid falconer, Bell has been fascinated with peregrines the fastest animal in the world since he was a kid growing up in Berkeley. He received his Ph.D. in zoology from UC Berkeley, where he studied ornithology and systematic biology. But never before had he heard of peregrines nesting on top of the campus s 300-foot-high bell tower. It blew me away, he says. The female peregrine falcon on the second balcony ledge of the Campanile, close to her nest (Photo by Doug Bell) Bell, now a wildlife program manager with the East Bay Regional Park District, says peregrine falcons were once on the brink of extinction, in large part caused by the widespread use of the pesticide DDT and the country s misguided assault on predatory animals. In the early 1970s, however, peregrine falcons caught a break. DDT was banned and the Endangered Species Act was passed, among other wildlife regulatory laws. In the years since, peregrines have made a remarkable comeback. As the numbers of peregrine falcons have increased, they ve begun moving from their natural cliff faces into urban areas, laying their eggs on skyscrapers and other tall buildings, such as the Campanile. Berkeley News spoke with Bell about the Campanile s first-known peregrine falcon family, and how the top-speed bird has soared back from the brink of extinction. Berkeley News: When did you first hear about the peregrine falcons nesting on the Campanile? Doug Bell: I first heard about them in early April. [Amateur birdwatcher Kathleen Durkin, who runs a computing lab in the College of Chemistry, first spotted them. Listen to the audio she captured below.] I thought, gosh, you know, I want to check it out. So on the weekend, I was watching them 147

155 and it sure looked like they were nesting there. Falcons don t build nests they just use a substrate like soil or gravel and make a little depression in it. That s nice for cliff faces, where they nest in natural situations, but for buildings and skyscrapers that just have cement or steel, there may not be enough substrate around to cradle the eggs, so the female can t incubate them well. I thought, We gotta get something under those eggs, so they at least have a good shot at incubating. Where are they, exactly? [Mary Malec, a volunteer raptor nest monitor for East Bay Regional Park District who has been regularly watching the birds, answered this question.] The nest site is on the west-facing side of the second balcony above the carillon bells. The nest area isn t visible from the ground from any place we ve been able to find it s too high up and deep behind the balcony. The adults sit regularly on the base of the corner spires sometimes on the balconies of their nest level, sometimes on the top of the Campanile. The female peregrine ripped open a sandbag to lay her eggs. (Photo by Mary Malec) What did you see when you went up to check on them? Doug Bell: When we first appeared around the corner, the female peregrine walked off her eggs for about five feet, turned around and stared at us, like, You want a piece of me? She had tried to lay her eggs in sandbags that maintenance had put up there to divert rainwater from the building. She had ripped apart a sandbag, put her three eggs there. They were very wet because of all the rain. I brought up a shelf about two feet by two feet with drain holes and filled with gravel. We placed the eggs in a little depression for her. We left and went back inside the cupola to watch, and within 10 minutes she came to the new nest box, stepped up onto it and scraped in the gravel. By the time we left she was standing over them. So now it looks like we ve had hatch, which may not have been able to happen had we not put in the shelf. 148

156 Bell replaces the makeshift sandbag nest site with a shelf filled with gravel, closer to a nest site that a peregrine would use in the wild. (Photo by Mary Malec) So, is there evidence that the chicks have hatched? We don t know for sure, but we re fairly certain they hatched around May 22. There is a group of peregrine watchers that are regularly checking on them with binoculars, taking notes. On May 22 the peregrines were spotted taking food to the nest site, so that means they ve probably hatched. We installed the nest shelf on April 21, and incubation usually takes somewhere around 30 to 32 days, so there you have it. I will put in a request soon to band the chicks in about three weeks. When we go up, we ll know how many chicks there are and have a better idea of what s going on. Accidents happen, and predation happens. Things like great horned owls eat peregrine babies, so you just never know what could happen. Nature happens, you know? So we could still lose the effort, but we hope not. When will the hatchlings start to fly? Nestlings fledge about 38 to 42 days after they hatch. That means they ll start flying around. They re in a good position where they can run all around the Campanile, so that s good. They re kind of blocked by the banister. It ll be like a big baby pen for them, in a way. They ll be able to exercise their wings really well. Sometimes what happens, especially in urban environments, if they re in a tight spot, they ll jump. At some point, nature tells them, You gotta fly, kid. And it can be tricky in city environments because they may, you know, fly down 30 stories to the city streets and then they re at risk of getting run over. Or getting confused. They might not be able to get back up because it s their first flight. They need to rest a bit. 149

157 The female peregrine kills and brings back a pigeon to the nest, which Bell says is a sign that the chicks have hatched. (Photo by Mary Malec) Do humans ever intervene in fledging situations? A lot of city peregrines have watches where people watch them and if they fledge, they ll gather them up, make sure they re okay, haven t broken anything, and then they ll put them back. Usually by the second or third attempt, they re good they can get over to another city roof, skyscraper roof or something like that. So the campanile birds, they re in a really good situation. There are a lot of roofs they can land on, so we think they re going to be OK. It s just when one goes to the ground where there are a lot of dogs, or on the glade where students are playing around next to the campus library. You know, it d be good in that situation to get them back up so they have a second shot at it. Usually they get their wings by the second flight. A peregrine falcon hatchling (Photo by Matt MacGillivray via Flickr) What s the plan for the Campanile s peregrine chicks after they fledge? There has been a group of people who have been watching the peregrines and sharing their notes. A number of folks will probably just try to get together several people who can watch in shifts and kind of keep an eye on things. So we ll have a good sense. We ll probably be able to hear and see the chicks running around as they get older. Once they hit 28 to 30 days of age, they re pretty darn active. They grow from chicks like you might see in a feed store, tiny little things, to gigantic falcons, you know, in 35 days. So with all of us regularly watching them, I think we ll have a pretty good sense of what s going on. And then we can ramp up the round-the-clock stuff when it gets close to fledging. 150

158 Have they nested on the Campanile in the past? I don t know of any nesting attempts. As far as I am aware, this is the first known, confirmed nesting attempt. The thing about peregrines is they like tall structures, and in the winter especially when you get birds coming from up north, or from high-elevation sites, kind of move in to the Bay Area and hang out in what s known as overwinter. It could very well be that this pair was the pair that was overwintering in Berkeley for a number of years, hanging out on the Civic Center building and the Wells Fargo building. This could very well be that pair. They were there for a couple winters in a row, then disappeared. They might have tried to lay eggs on one of the buildings in Berkeley, but that s all just conjecture. As far as I m aware, there have been no confirmed nesting attempts on the Campanile. The peregrines are nesting on the Campanile s west-facing side of the second balcony above the carillon bells. (UC Berkeley photo by Keegan Houser) The carillon bells in the Campanile are so loud. Do they pose a risk to the peregrines? No, I don t think so because they chose to nest there while the bells are ringing, so I don t see any issue with it. One critical issue is maintenance needs to be deferred until after the birds have fledged and left the site. If someone unwittingly goes up there and changes a lightbulb or sweeps up the sand from the broken sandbags, it could cause harm to the birds if personnel is unaware of them. If the youngsters were old enough to run around, they might fall and not be able to fly. So basically it s best to not disturb them. We work with building maintenance people peregrine people do that all the time try to advise them when not to clean windows, that sort of thing. [Campanile maintenance has been advised to minimize maintenance in that area until the birds have left the nest.] Do you have any plans to install a live video feed on the Campanile, like the PG&E building in San Francisco has? [Watch here] That certainly has been proposed. It s a great idea, but this year, we didn t want to add any extra stressors for the birds because we didn t know if the eggs were fertile or how long she had been trying to incubate them. Certainly for next year, we can plan for something to that 151

159 effect and maybe put up a more permanent shelf that provides more protection, that sort of thing. Those are things I would certainly embrace and hopefully we could all work together on this to give them a better nesting opportunity. We would also need permission from the regulatory agencies to do that. We can approach them with the subject. It s not like anyone can go and put a camera on a raptor nest. It s illegal. You need permission to do things like that. Are there still regulations in place to protect peregrine falcons? They are still a fully protected species in the state of California. They used to be an endangered species, but they were removed from the federal list of endangered species in 1999 and from California s list in But they re still highly protected. I had to get special authorization from both state and federal agencies the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service to handle these peregrine eggs and to install the nest shelf. A male peregrine falcon in a wildlife refuge in Oregon (U.S. Fish and Wildlife Service photo by Roy W. Lowe via Flickr) Why did they go extinct? Worldwide, their populations plummeted to very low levels because of the use of DDT and other persistent chlorinated hydrocarbon pesticides. They were laying thin-shelled eggs because DDT interferes with the calcium metabolism. And then predators were pretty much persecuted widely throughout the U.S. all the way up until the 1960s. In California, you could still legally shoot a peregrine up to In many states, raptors weren t protected until the late 1960s, early 1970s. How did they make a comeback? It s been a remarkable success story. In 1973, Richard Nixon banned the use of DDT. That s also the year the current version of the Endangered Species Act came online. So the Nixon administration had actually done quite a bit. The Clean Water Act was passed. A lot of these environmental laws came to be kind of as a result of the ecology movement. 152

160 At the same time, there was a big effort undertaken by falconer researchers, like at Cornell University, to start breeding peregrine falcons in captivity, with the thought of eventually releasing them. California had a similar project that started in the 1970s at the Santa Cruz Predatory Bird Research Group at UC Santa Cruz. So they began an intensive nest augmentation program we still have a few peregrines breeding in the state of California. Why did they begin to move into urban areas? It has to do with two things. One, we stopped persecuting them. To a large extent in the old days, back in the 1930s, they would be shot on sight. Hawk Mountain in Pennsylvania, that was a site that was originally set up to shoot hawks as they migrated. They would shoot tens of thousands of hawks every year for fun. Plus, they thought they were doing the world good by getting rid of evil predators. They became protected by wildlife laws as people realized that predators were part of the natural environment. A pair of peregrine falcons nesting on Morro Rock in California (Photo by Loren Chipman via Flickr) Two, cities offer them all that they need. Basically, cities represent a lot of cliff environments. Peregrines are looking at skyscrapers, at the Campanile they re like cliffs. And there s a lot of food around, like pigeons. Peregrines fortunately are a species that forage in the air, so they catch most of their food in the air. [Peregrine falcons are the fastest animal in the world they can reach speeds of more than 200 miles per hour during dives, killing prey in mid-air.] So that s very suitable for hunting in cities because there s not a lot of space on the ground to be hunting, but there are a lot of pigeons in the air and birds in the air in cities. It s a niche they happily moved into. Probably doesn t make pigeons happy that they moved in, but that s another story. 153

161 Citizen scientists invited to ID species at Point Pinole Regional Shoreline June 7, 2017 Citizen scientists are invited to help find and identify species at Point Pinole Regional Shoreline as part of a half-day BioBlitz event on Saturday, July 1. Wholly H2O, California Academy of Sciences and The Watershed Project are taking part in the event that will take place from 10 a.m. to 1 p.m. at the shoreline park at 5551 Giant Highway. Bring your camera, sunblock, water to stay hydrated, snacks, your kids, NOT your dogs, and water shoes for oyster counting if you re inclined to get a little muddy, an eventbrite.com invitation stated. Along with counting oysters in their beds, participants will observe and photograph birds, bugs, plants and aquatic life and help perform water quality testing. Observations will be added to the project Richmond CA Watershed on inaturalist.org. if enough participants sign up, a BioBlitz will also be done on the Wildcat Marsh Loop Trail, just 7 minutes south. 154