Board of Directors. Board Meeting Packet

Transcription

1 Board of Directors Board Meeting Packet March 21, 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 The Regular Session of the MARCH 21, 2017 Board Meeting is scheduled to commence at 1:00 p.m. at the EBRPD Administration Building, 2950 Peralta Oaks Court, Oakland 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 MARCH 21, 2017 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT 11:00 a.m. ROLL CALL (Board 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) Balch v EBRPD Alameda County Superior Court Case No. RG 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 Alameda County Ruth Glen Road, Sunol Ruth Glen Road, Sunol Gibraltar Drive, Pleasanton Stoneridge Drive, Pleasanton East Bay Regional Park District/Rhein and Norma Santos East Bay Regional Park District/Louise Throop Hacienda Portfolio Venture, LLC. ECI Four Stoneridge LLC 3 Pleasanton Ridge Regional Park Pleasanton Ridge Regional Park District-wide facility District-wide facility The Board of Directors of the East Bay Regional Park District will hold a regular meeting at District s Administration Building, 2950 Peralta Oaks Court, Oakland, CA, commencing at 11:00 a.m. for Closed Session and 1:00 p.m. for Open Session on Tuesday, March 21, 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 APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Contra Costa County Beta Court, San Ramon Deerwood Drive, San Ramon Tour Way, Antioch Pacific Bell Sungard Recovery Services LP John T. Roddy (Trustee) District-wide facility District-wide facility Deer Valley Regional Park 1:00 p.m. OPEN SESSION (Board Room) PLEDGE OF ALLEGIANCE A. APPROVAL OF AGENDA B. PUBLIC COMMENTS 1:15 p.m. C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR a. Approval of District Check Listing for the Period of February 6, 2017 to February 17, 2017 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of March 7, 2017 (Barial Knight/Auker) (No Cost) c. Authorization to Grant an Access Easement to Pacific Gas and Electric Company to Replace and Reroute Existing Unrestricted Access Easements at Dotson Family Marsh and Transfer and Appropriate Measure WW Funds: Point Pinole Regional Shoreline (Musbach/Nisbet) (Resolution) (WW Funds / Budget Change) d. Authorization to Accept the Dedication of a Public Access Easement and Trailhead Parking Area from the Ridgemont at Skyline Condominium Association and Transfer and Appropriate Funds: Leona Canyon Open Space Regional Preserve (Musbach/Nisbet) (Resolution) (Rev Authorization/WW Funds/Budget Change) e. Authorization to Purchase Park Model Cabins from Atlas Performance Industries, Inc.: Del Valle Regional Park (Barrington/O Connor) (Resolution) (Budgeted Funds) f. Authorization to Amend the Concession Agreement with California Parks Company dba Urban Park Urban Concessionaires: Lake Chabot Regional Park (Patterson/O Connor) (Resolution) (Rev Authorization) 4

5 g. Authorization to Accept Funding from PG&E s Community Pipeline Safety Initiative for Environmental Restoration and Maintenance at Briones Regional Park and Lafayette-Moraga Regional Trail (Margulici/O Connor) (Resolution) (Rev Authorization) h. Authorization to Utilize the Services of Contra Costa County Department of Information Technology to Maintain the District s Communications System: District-wide (Gershaneck/Anderson) (Resolution) (Budgeted Funds) i. Authorization to Accept and Appropriate Funds from the Regional Parks Foundation to Purchase a Horse Trailer for the Police Department: Public Safety Division (Anderson/Schirmer/Johnson)(Resolution) (Rev Authorization/ Budget Change) j. Authorization to Apply for Funding from Castro Cove Discharges for Dotson Family (Breuner) Marsh Wetland-Upland Transitional Planting: Point Pinole Regional Shoreline (Margulici/Barton/Auker) (Resolution) (Rev Authorization) k. Authorization to Apply to the California Office of Emergency Services (CAL OES) and the Federal Emergency Management Agency (FEMA) for reimbursement of expenses incurred for cleanup and repair of damage during the 2017 Storms DR-4301: District-wide (Margulici/Auker) (Resolution) (Rev Authorization) l. Authorization of Measure WW Urban Creeks Grant Program (Rasmussen/Graul/Auker) (Resolution) (WW Funds) m. Authorization to Apply for Cal Trans Mitigation Funding to Protect and Enhance Existing Habitat at Least Tern Island: Hayward Regional Shoreline (Margulici/Graul/Auker) (Resolution) (Rev Authorization) 1:30 p.m. 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION a. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 80± Acres of Real Property from Ricci Joseph Campos, Michelle Campos, and David Fitzpatrick: Byron Vernal Pools Regional Preserve (Musbach/Nisbet) (Resolution) (WW Funds/ Budget Change) b. Authorization to Appropriate Funds and Award a Contract to Drill Tech Drilling and Shoring, Inc. for Emergency Landslide Repair: Del Valle Regional Park (Gilchrist/Auker/Nisbet) (Resolution) (Budget Change) 1:45 p.m. 3. FINANCE & MANAGEMENT SERVICES DIVISION a. Authorization to Appropriate General Funds for 2017 Storms Recovery, District-wide (Barrington/Auker/O Connor) (Resolution) (Budget Change) 5

6 1:55 p.m. 4. BOARD AND STAFF REPORTS a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle) 2:10 p.m. 5. GENERAL MANAGER S COMMENTS 2:20 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION 2:25 p.m. 7. BOARD COMMITTEE REPORTS 2:30 p.m. 8. BOARD COMMENTS 3:00 p.m. D. PUBLIC COMMENTS 3:05 p.m. E. ADJOURNMENT a. Finance Committee ( ) (Wieskamp) 6

7 CONSENT CALENDAR

8 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION a. Approval of District Check Listing for the Period February 6, 2017 Through February 19, 2017 (Auker/Doyle) It is recommended that the Board of Directors approve the Check Listing for the period of February 6, 2017 through February 19, 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.: March 21, 2017 APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF FEBRUARY 6, 2017 THROUGH FEBRUARY 19, 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 February 6, 2017 through February 19, 2017; Moved by Director, seconded by Director, and adopted this 21 st day of March, 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 8

10 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR b. Approval of the Minutes for the Board Meeting March 7, 2017 (Barial Knight/Auker) 9

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12 Unapproved Minutes Board Meeting of March 7, 2017 The Board Meeting, which was held on March 7, 2017 at the East Bay Regional District, 2950 Peralta Oaks Court, Oakland, CA was called to order at 11:35 a.m. by Board President Lane. ROLL CALL Directors Present: Directors Absent: Beverly Lane, President Dennis Waespi, Vice President Ayn Wieskamp, Treasurer Ellen Corbett, Secretary Whitney Dotson Dee Rosario Colin Coffey None. PUBLIC COMMENTS: At this time, the Board of Directors met in Closed Session to discuss those items outlined on the agenda. The Open Session of the Board Meeting was called to order at 1:10 p.m. by Board President Lane. Staff Present: Robert Doyle, Ana Alvarez, Carol Victor, Debra Auker, Jim O Connor, Bob Nisbet, Tim Anderson, Liz Musbach, Aaron Roth, Alan Love, Mona Koh, Carol Johnson, Anne Kassebaum, Kelly Barrington, Deborah Spaulding, Brian Holt, Jason McCrystle, Tiffany Margulici, Al Love, Anthony Ciaburro. By motion of Director Wieskamp, and seconded by Director Waespi, the Board voted unanimously to approve the agenda. Directors For: Directors Against: Directors Absent: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. None. None. B. PUBLIC COMMENTS There were no public comments. C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR By motion of Director Waespi, and seconded by Director Corbett, the Board voted unanimously to approve the Consent Calendar. Directors For: Directors Against: Directors Absent: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. None. None. 11

13 Unapproved Minutes Board Meeting of March 7, 2017 a. Approval of District Check Listing for the Period of January 23, 2017 to February 5, 2017 Resolution No (attached) b. Approval of the Minutes for the Board Meeting of February 7 and 21, 2017 c. Authorization to Negotiate with Various Property Owners Resolution No (attached) d. Authorization to Appropriate Measure WW Funds to Upgrade the Electrical System: Ardenwood Historic Farm Regional Preserve Resolution No (attached) Director Rosario asked how the $200,000 was arrived at and what the process is for obtaining contractors. Ren Bates, Capitol Program Manager, explained the calculations stating that the total project budget is $725,000, $525,000 is budgeted which leaves a shortage of $200,000 which incorporates all project costs including design and administration. Bates also explained the Job Order Contracting process. e. Authorization to Appropriate Measure WW Funds and Amend a Contract for Services with Erler & Kalinowski Inc. for Continued Oversight of Environmental Remediation Services: Concord Hills Regional Park Resolution No (attached) Director Rosario asked for an explanation on the incremental price increases for this project. Brian Holt, Acting Chief of Planning & GIS, replied that since this is an ongoing contract, the incremental increases are coverage to continue to provide oversight. Director Waespi remarked that the District is paying $210,000 to make sure the Navy cleans up. Holt said that the Navy has a process for clean-up with its own rules, and it is incumbent on the District to receive the property. President Lane asked if the Navy has to remediate this site. Holt responded that the Navy is required to remediate to the level of its intended use. Lane asked what are the carve outs. Holt answered that the carve outs are munitions and burn pits and the District s LUP anticipates those properties will come to the District clean. Lane asked about the differing acreage numbers for this project. Holt replied there is a difference between what is being received in the public benefit conveyance and what will eventually become the park. Director Wieskamp expressed that this expenditure makes sense and there is a need for Holt to remain as a watchdog to ensure this site is conveyed. f. Acceptance of Formal Bid and Authorization to Purchase One Electro-fishing Boat and Trailer from Smith-Root, Inc. Resolution No (attached) g. Authorization to Purchase Four Ford Pursuit Utility Vehicles from Folsom Lake Ford of Folsom, California Resolution No (attached) h. Authorization to Purchase Five Mowers, Seventeen Gators, and One Tractor from John Deere Company Resolution No (attached) i. Authorization to Purchase Three Ford Vehicles from Elk Grove Ford Resolution No (attached) 12

14 Unapproved Minutes Board Meeting of March 7, 2017 Director Rosario asked how many charging stations are in the District. Jason McCrystle Fleet Manager, responded that currently the District has 3 charging stations located at Peralta Oaks, Shadow Cliffs, and at Crown Beach. Kelly Barrington, Chief of MAST, said that plugins are part of the solar project at Shadow Cliffs. Lane asked if there are plans to have public charging stations. Barrington explained the challenges of using off-road hybrids, adding staff are working on a long term strategy for the greening of the fleet. GM Doyle said that Operations will determine a fee associated with plugin use in the future. Director Wieskamp asked about the timeline and said that there should be an active program in Operations. Jim O Connor, AGM Operations stated that there will be a charge for the public charging stations which will include fee offset and a time limit. Director Corbett said this is an issue that takes a lot of discussion to evaluate all options with different vendors. Corbett asked about point of sales on vehicles that are purchased and requested that the point of sale be local. Barrington said that the vehicle fees are charged based on where the vehicles are delivered. Corbett said that there might be an opportunity to adjust where the sales tax resides. O Connor said that staff will do more research and bring it to Finance. Director Waespi asked how many gators and mowers the District owns, and if any are electric. McCrystle answered 35/40 gators and about 40/50 mowers. McCrystle said that he is currently evaluating an electric Polaris, and commented that four-wheel drive electric vehicles typically have limited range and less load capacity. j. Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ended December 31, 2016 Resolution No (attached) Director Rosario asked about the stability of the Local Agency Investment Fund (LAIF) and the no activity in the Supranational Fund, and debt service. Deborah Spaulding, AFO, explained that LAIF is liquid and stable, Supranational experienced no activity because it has just been added to the investment policy and the debt service will be paid off in September Director Waespi commented that he is happy that the committee has looked into asset backed securities. k. Approval of the District s 2017 Investment Policy Resolution No (attached) Director Rosario asked about the ratings of our bonds. Deborah Spaulding, AFO, explained the rating standard and how the District buys and sells bonds. L. Authorization to Purchase Telephone Network Equipment and Software from AMS.net to Upgrade the District s Telephone System Resolution No (attached) m. Authorization to Renew SunGard Public Sector Hosted District-wide Financial System Application Services Agreement Resolution No (attached) n. Authorization to Amend the 2016 Budget and Appropriate Funds for Costs Related to the November 8, 2016 General Elections Resolution No (attached) 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION Directors For: Colin Coffey, Ellen Corbett, Whitney Dotson, Beverly Lane, Dee Rosario, Ayn Wieskamp, Dennis Waespi. Directors Against: None. Directors Absent: None. 13

15 Unapproved Minutes Board Meeting of March 7, 2017 By motion of Director Waespi, and seconded by Director Wieskamp, the Board voted unanimously to approve Item 2a. a. Authorization to Execute a Consulting Services Contract with Adrienne Wong Associates for Phase 1 Improvements at Brickyard Cove and to Amend the 2017 Budget to Appropriate Earned Interest: McLaughlin Eastshore State Park Resolution No (attached) Ren Bates, Capital Program Manager, gave a PowerPoint presentation on this item. Bates provided background which will refine this concept plan and give it more definition. Staff went through a consultant selection process and contract scope and Adrienne Wong was determined to be the highest ranking firm. GM Doyle requested a break in the presentation at 2:00 pm. President Lane resumed the meeting at 2:30. Bates said that the site plan was developed and design staff came up with the concept to grade the hill down to accommodate for sea level rise, increase views to the Bay and clean the site of debris. The plan was brought before BCDC, Berkeley Water & Parks Commission and the District. The diagram before the Board showed Phase 1. GM Doyle injected that this is a much more scaled down plan with state parks to have a more passive park facility that is consistent with a natural surroundings, and can be funded. Director Corbett was interested in hydroseeding and types of native plants to be planted. Bates said the hydroseed is stabilization and includes annual and perennial native grasses. Phase 1 will call out specific planting areas and try to conserve the habitat development which will allow people to interface with it. Director Waespi commented how good it looks out there and asked if people could visit the site. Bates said it is currently closed for stabilization and construction debris removal. Lane asked if Phase 1 will include a corporation yard. Bates replied the corp yard will be in Phase II. Member of the public, Ellen Barth, CESP, said that her board was happy that this was going forward. Barth asked will the utilities determine the size of the park, can concession be combined with an interpretive center, and she expressed concern on the type of plants and impact dogs will have on the habitat. Bob Nisbet, AGM ASD recommended that the café, service yard and the interpretive remain separate. 4. BOARD AND STAFF REPORTS General Manager Doyle went over the item on the Actions by Other Jurisdictions report. 5. GENERAL MANAGER S COMMENTS GM Doyle introduced Lt. Al Love who presented an overview of the issues in 2016 the police department has handled with outreach and community engagement. Love highlighted connecting with community events: Outdoor Afro, Muslims in Community events, National Night Outs, participation in the Youth Job Fair, held Coffee with a Cop events, engaged kids in their schools, social media campaign, recruitment and Multicultural Wellness Walks. GM Doyle commented that the police department is never fully staffed and complimented the leadership: Anderson, Love, and Ciaburro. 6. ANNOUNCEMENTS FROM CLOSED SESSION District Counsel announced there were no announcements. 7. BOARD COMMITTEE REPORTS a. Finance Committee (1/25/17) (Wieskamp) 14

16 Unapproved Minutes Board Meeting of March 7, BOARD COMMENTS Director Lane reported on meetings attended. Director Lane Visited Lafayette Moraga Trail, Iron Horse Trail and Contra Loma; Attended the Executive Committee meeting; Working on the San Ramon CESP Centennial; Attended EB-EDA State of the East Bay; Attended a meeting of the Contra Costa Elected Women s Network in Antioch; Met with planning staff to preview the LUP amendment for the southern part of Las Trampas. Lane complimented staff on paving at Contra Loma and thanked staff for taking the time to do the CPRS application. Lane talked about the Pathways Magazine article that featured our portion of the Anza Trail. Lane encouraged staff to think about including volunteers who want to help clean up after the storm. GM Doyle added that moving mud is not a good place for the public; however hand work is possible. She mentioned the Port Chicago play is playing in Berkeley. Director Wieskamp reported on meetings attended. Director Wieskamp Attended the Finance Committee meeting; Met at Shadow Cliffs for a pavilion meeting; Attended the Executive Committee meeting; Attending Alameda County Mayors Conference; Attending the LAFCo meeting. Wieskamp recommended an article called the Nature Fix in SF Chronicle. Wieskamp thanked Chris Lyle and Bev Ortiz for their assistance. Wieskamp requested a meeting with LARPD and AGM, O Connor to discuss the trail at Sycamore Grove. Director Waespi reported on meetings attended. Director Waespi Attended the Operations Committee meeting; Attended Nate Miley s Fairview Stakeholders meeting; Attended the CPRS Conference; Attended EB-EDA State of the East Bay; Attended the Executive Committee meeting; Attended meeting with Director Corbett and Frank Mellon, EBMUD, at Redwood Canyon; Attended an Islamic meeting at the Mosque in the Niles Community. Waespi thanked Sharon Clay for the graphics at the Board meeting. He announced that Islamic communities youth group planted 30 trees at Bort Meadow. Director Dotson reported on meetings attended. Director Dotson Left the meeting. Director Corbett reported on meetings attended. Director Corbett Attended a meeting with Director Waespi and Frank Mellon, EBMUD Board at Redwood Canyon; Met with Norm LaForce, Sierra Club; Met with Deputy Sheriff regarding Reach Ashland Youth Center/Digg Deep Farms to discuss urban farming and partnerships with the District. Corbett complimented staff on her new board member orientation which gave her perspective on ways to respond to the public on the impact of the rains on District trails. 15

17 Unapproved Minutes Board Meeting of March 7, 2017 Director Rosario reported on meetings attended. Director Rosario Attended the John Muir Land Trust reception; Attended the EB-EDA State of the East Bay; Attended the PAC meeting; Attended the Oakland Mayor s Meet the New Chief of Staff; Attended the CPRS Conference; Attended the Hercules Path to Transit celebration; Walked in Redwood Park to check out storm damage. Rosario congratulated Philip Coffin and Jamie Risotto for her Master s thesis. Director Coffey reported on meetings attended. Director Coffey Attended the Contra Costa County Mayors Conference in Hercules; Attended the Black Diamond Mines Open House; Met with Norm LaForce, Sierra Club; Hiked the Orinda side of Sibley; Met with AGM Nisbet and ASD s Senior Planning staff. Coffey was impressed with how staff is responding to every level of the rain impacts. D. PUBLIC COMMENTS No comments. E. ADJOURNMENT The meeting was adjourned at 3:39 pm. In honor of Tom Heidt a carpenter at North County Trade. Director Rosario had kind words to say about Mr. Heidt. Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board 16

18 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 c. Authorization to Grant an Access Easement to Pacific Gas and Electric Company to Replace and Reroute Existing Unrestricted Access Easements at Dotson Family Marsh and Transfer and Appropriate Funds: Point Pinole Regional Shoreline (Musbach/Nisbet) The General Manager recommends that the Board of Directors authorize the grant of an access easement to Pacific Gas and Electric Company (PG&E) that replaces and reroutes the company s existing unrestricted access in order to avoid impacts to the recently restored wetlands located at the Dotson Family Marsh and transfer and appropriate Measure WW funds. In connection with this grant of easement, PG&E will quitclaim its existing unrestricted access rights. REVENUE/COST This Board action authorizes the transfer and appropriation of Measure WW acquisition funds for the Point Pinole allocation area to fund staff time and survey costs, as follows: SOURCE OF FUNDS Designated Acquisitions Measure WW Undesignated (CIP WW00) $16,680 USE OF FUNDS PG&E Goodrick Avenue/Point Pinole (CIP ) Survey $ 1,680 Staff Time 15,000 Total Estimated Project Cost $16,680 BACKGROUND PG&E currently holds easement rights allowing unrestricted access across the Park District s former Breuner Marsh property at Point Pinole Regional Shoreline. These easement rights permit PG&E to access and maintain overhead powerlines and underground pipeline facilities located along the eastern edge of the marsh and parallel to the Union Pacific Railroad tracks. 17

19 Access to these facilities is from the end of Goodrick Avenue, and as there are no established roadways beyond this point, historically PG&E would drive vehicles and equipment across the open marshlands by whatever route proved most feasible depending on surface conditions. In connection with the Park District s Breuner Marsh (now Dotson Family Marsh) Restoration and Public Access Project, by Resolution No adopted on September 18, 2012, the Board of Directors authorized negotiations with PG&E to establish a defined access route that replaces the company s unrestricted access rights in order to avoid impacts to the recently restored wetlands from continued use of those rights. The realigned access route stays south and east of the restored wetlands, travelling along the north side of Rheem Creek until it intersects with a strip of land owned by PG&E that runs parallel to the railroad tracks. ALTERNATIVES No alternatives are recommended. 18

20 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO GRANT AN ACCESS EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY TO REPLACE AND REROUTE EXISTING UNRESTRICTED ACCESS EASEMENTS AT DOTSON FAMILY MARSH AND TRANSFER AND APPROPRIATE FUNDS: POINT PINOLE REGIONAL SHORELINE WHEREAS, by Resolution No , adopted September 18, 2012, the Board of Directors authorized negotiations with Pacific Gas and Electric Company (PG&E) to establish a defined access route to the utility s infrastructure located within the Dotson Family Marsh that effectively replaces their existing unrestricted access rights over the area in order to avoid impacts to recently restored wetland habitat at Dotson Family Marsh from continued use of those access rights; and WHEREAS, PG&E has agreed to quitclaim its unrestricted access rights and accept in their place an access easement with a defined alignment that will ensure PG&E s future utilization of its access rights will not damage or otherwise impact restored wetlands; and WHEREAS, under the California Environmental Quality Act (CEQA) and the Park District s Environmental Review Manual, this action by the Board of Directors is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to execute the easement deed granting access to PG&E along a defined route that avoids impact to restored wetlands pending PG&E s quitclaim of its existing unrestricted access rights; and BE IT FURTHER RESOLVED that the Board authorizes the transfer and appropriation of $16,680 from project account Designated Acquisitions Measure WW Undesignated (CIP WW00), utilizing funds for the Point Pinole allocation area, to project account PG&E Goodrick Avenue/Point Pinole (CIP ), to fund transaction expenses as shown on the attached Budget Change form; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the Park District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 21 st day of March, 2017, by the following vote: 19

21 FOR: AGAINST: ABSTAIN: ABSENT: 20

22 GENERAL LOCATION Environmental Review June 18, 2012 t:/bstone/mxd projects/rep/ pp_breuner (pg 2).mxd Regional Park District East Bay 21 POINT PINOLE REGIONAL SHORELINE Dotson Family (Breuner) Marsh Restoration & Public Access Project

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24 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM NEW APPROPRIATIONS New Appropriation X From New Revenues DECREASE BUDGET ACCOUNT Account Name: Expense: Capital Project- Land Acquisition-District Wide- Designated Acquisitions-Measure WW Undesignated-Acquisition AMOUNT BUDGET TRANSFERS Between Funds X Between Projects INCREASE BUDGET ACCOUNT Account Name: Expense: Capital- Acquisition - Pt Pinole- Dotson Family Marsh - Acquisition - PG&E Goodrick Avenue Project - Administrative Costs AMOUNT Account: / Account: / WW $ 16, WP $ 16,680 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March , the General Manager recommends that the Board of Directors authorize the appropriation of $16,680 from the Point Pinole Acquisition Allocation Area, Measure WW funds. The appropriation will be for costs related to the PG&E Goodrick Avenue acquisition, project Note for Finance: this appropriation includes $10,000 previously appropriated by staff. Posted By: Signature: As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/21/ T:\BOARDCLK\BOARD MATERIAL\2017\5 - March 21, 2017\S DRIVE\C-1-c ASD PG&E Goodrick Avenue Meas WW.xlsx 23

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26 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 d. Authorization to Accept the Dedication of a Public Access Easement and Trailhead Parking Area from the Ridgemont at Skyline Condominium Association and Transfer and Appropriate Funds: Leona Canyon Open Space Regional Preserve (Musbach/Nisbet) The General Manager recommends that the Board of Directors authorize staff to accept the dedication of an approximately 20,000-square-foot public access easement and an approximately 11,000-square-foot trailhead parking area from the Ridgemont at Skyline Condominium Association as part of the Leona Canyon Open Space Regional Preserve and transfer and appropriate Measure WW funds for related acquisition expenses. REVENUE/COST There are no direct acquisition costs associated with the acceptance of this dedication other than staff time and expenses related to making the property safe and secure. Operations staff has determined that there will be no future additional maintenance costs related to the acceptance of the dedicated real property rights since the District has been managing the area for some time. This Board action seeks authorization to transfer and appropriate Measure WW acquisition funds for the Leona Canyon allocation area for related expenses, as follows: SOURCE OF FUNDS Designated Acquisitions Measure WW-Undesignated (CIP WW00) $55,000 Total Current Appropriation $55,000 USE OF FUNDS Ridgemont/Leona Canyon Acquisition (CIP WP38): Staff Time 5,000 Ridgemont/Leona Canyon Safety and Security (CIP WP38): Gate Installation $50,000 Total Project Costs $55,000 25

27 BACKGROUND In June 1987, an offer for the dedication of an approximately 20,000-square-foot public access easement and an approximately 11,000-square-foot trailhead parking area was made to the Park District on Subdivision Tract Map 5740 for the Skyline Hills II housing development. The real property rights offered for dedication were located within the subdivision, which was eventually named the Ridgemont at Skyline Condominiums. The public access easement is off Campus Drive, a public road in the city of Oakland, and the trailhead parking area is located immediately adjacent to the southeast end of Leona Canyon Open Space Regional Preserve, both located on the Condominium Association s private property. While the Park District has been operating and maintaining the public access easement and trailhead parking area for many years, these real property rights were never formally accepted. This action before the Board of Directors today will formally accept the dedication from the Ridgemont at Skyline Condominium Association in order to perfect those rights. In response to the Condominium Association s concerns regarding closing the parking area to the public when the park is closed, the Operations Division is requesting safety and security funds for the installation of an electric vehicle gate to secure the parking area after park hours. ALTERNATIVES No alternatives are recommended. 26

28 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO ACCEPT THE DEDICATION OF A PUBLIC ACCESS EASEMENT AND TRAILHEAD PARKING AREA FROM THE RIDGEMONT AT SKYLINE CONDOMINIUM ASSOCIATION AND TRANSFER AND APPROPRIATE FUNDS: LEONA CANYON OPEN SPACE REGIONAL PRESERVE WHEREAS, in June 1987, an offer for dedication of an approximately 20,000-square-foot public access easement and an approximately 11,000-square-foot trailhead parking area was made to the Park District on Subdivision Tract Map 5740 for the Skyline Hills II housing development; and WHEREAS, the real property rights offered for dedication are located within the subdivision, which was eventually named the Ridgemont at Skyline Condominiums; and WHEREAS, the Park District has been operating and maintaining the public access easement and trailhead parking area and this action will formally accept the dedication from the Ridgemont at Skyline Condominium Association; and WHEREAS, Operations staff has determined that there are no additional future maintenance costs for this parking lot since the District has been managing the area for some time; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager, on its behalf, to accept the dedication of a public access easement and trailhead parking area from the Ridgemont at Skyline Condominium Association; and BE IT FURTHER RESOLVED, the Board of Directors hereby authorizes the transfer and appropriation of $55,000 from capital acquisition project account Designated Acquisitions Measure WW Undesignated (CIP WW00), utilizing Measure WW acquisition funds for the Leona Canyon allocation area, to capital acquisition project accounts Ridgemont/Leona Canyon Acquisition (CIP WP38) and Ridgemont/Leona Canyon Safety and Security (247801WP38), as shown on the attached Budget Change form; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. 27

29 Moved by Director, seconded by Director, and adopted this 21 st day of March 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 28

30 LEONA CANYON OPEN SPACE East Bay Regional Park District Property: Common Area of Ridgemont at Skyline Condominium Association inch 100 Feet [ LEONA CANYON OPEN SPACE ACFC&WD One-way exit spikes. LEONA CANYON OPEN SPACE Electric gate operator with timer and sensors. R! Possible solar Existing pipe gate. location. Add modified hinges. Ca mp us Access Easement (20,000 s.f. approx.) Dr LEONA CANYON OPEN SPACE D ks Oa n o ny Ca r Location Map Leona Canyon O:\GIS\MPeterson\Projects_2017\ASD\Land\BoardMaps\LE_CommonAreaPorTR5740\LE_CommoneAreaPorTR5740_103_119.mxd Date: 2/28/2017 Parking Lot Dedication (11,000 s.f. approx.)

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32 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM NEW APPROPRIATIONS New Appropriation X From New Revenues DECREASE BUDGET ACCOUNT Account Name: Expense: Capital Project- Land Acquisition-District Wide- Designated Acquisitions-Measure WW Undesignated-Acquisition AMOUNT BUDGET TRANSFERS Between Funds X Between Projects INCREASE BUDGET ACCOUNT Account Name: Expense: Capital- Acquisition - Leona Open Space- Ridgemont Project -Measure WW Leona Open Space Acquisition Allocation Area- Administrative Costs AMOUNT Account: / WW Account: / $ 55, WP $ 5,000 Account Name: Expense: Capital- Acquisition - Leona Open Space- Ridgemont Project -Measure WW Leona Open Space Acquisition Allocation Area - Safety & Security Account: / WP $ 50,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March , the General Manager recommends that the Board of Directors authorize the appropriation of $55,000 from the Leona Open Space Acquisition Allocation Area, Measure WW funds. The new appropriation will be split $5,000 to the acquisition administrative costs and $50,000 for safety and security phase expenses. Note for Finance: this appropriation includes $5,000 previously appropriated by staff. Posted By: Signature: As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/21/ T:\BOARDCLK\BOARD MATERIAL\2017\5 - March 21, 2017\S DRIVE\C-1-d ASD Ridgemont Meas WW.xlsx 31

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34 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION e. Authorization to Purchase Park Model Cabins from Atlas Performance Industries, Inc.: Del Valle Regional Park (Barrington/O Connor) The General Manager recommends that the Board of Directors authorize the purchase of five Park Model Cabins from Atlas Performance Industries (API), Inc., of Santa Maria, California at a total cost of $210, for the Del Valle Regional Park Campground. REVENUE/COST Funding for the purchase of five Park Model Cabins is available in the Convenience Camp Project Account. SOURCE OF FUNDS Construct Convenience Camp Account # $ 500, Encumbrances and Expenditures to Date 32, Total Encumbrance $ 468, USE OF FUNDS Proposed Purchase of Park Model Cabins $ 192, Sales Tax 18, Contingency 40, Total Encumbrance $ 250, BALANCE REMAINING Base Price $ 217,

35 BACKGROUND The 2017 Budget includes funds for the development of a Convenience Camping Project pilot program at Del Valle Camp Ground. The 2014 Camping Study Update included a recommendation to add Convenience Camping sites at various locations within the District. Five regular family campsites at Del Valle have been chosen for conversion to convenience camping as a pilot program. Two of the converted sites and cabins will be fully ADA accessible. Atlas Performance Industries, Inc. is a manufacturer of Park Model Cabins. The District has determined that the quality, construction and cost of the Park Model Cabins API will provide is satisfactory for the Convenience Camp Project. Two of the cabins will be ADA accessible. A Request for Proposal was sent to four Park Model Cabin manufacturers on February 6, Two manufacturers submitted proposals on February 22, 2017 and one manufacture has submitted a proposal that meets the Districts specifications and is therefore the responsive bidder, as follows: Atlas Performance Industries, Inc. $210, CAVCO WEST Non Responsive Forest River, Inc. Non Responsive Tiny Homes Non Responsive The proposal submitted by Atlas Performance Industries, Inc. of Santa Maria, California met the specifications and conditions for the project; therefore, Atlas Performance Industries, Inc. is the lowest bidder. ALTERNATIVES For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended. 34

36 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO PURCHASE PARK MODEL CABINS FROM ATLAS PERFORMANCE INDUSTRIES, INC.: DEL VALLE REGIONAL PARK WHEREAS, the East Bay Regional Park District desires to purchase Park Model Cabins for the Del Valle Convenience Camping Project; and WHEREAS, funds are available in project account # (Construct Convenience Camp): and WHEREAS, Request for Proposal were solicited and received: and one manufacturer submitted a qualified proposal of which, Atlas Performance Industries, Inc., Santa Maria, California was the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District authorizes the purchase of five Park Model Cabins from Atlas Performance Industries, Inc., Santa Maria, California, for a total not to exceed, $210, and authorization for other cost including contingency up to $40, to be encumbered from Account # Construct Convenience Camp; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director and approved this 21st day of March 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 35

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38 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 f. Authorization to Amend the Concession Agreement with California Parks Company dba Urban Park Urban Concessionaires: Lake Chabot Regional Park (Patterson/O Connor) The General Manager and the Board Operations Committee, by unanimous vote at its February 23, 2017 meeting, recommends that the Board of Directors authorize amendment to the concession agreement with California Parks Company dba Urban Park Urban Concessionaires (Urban Parks) at Lake Chabot Regional Park. REVENUE/COST Concession revenue to the District will decrease by $847 and the Concession Maintenance Fund (CMF) will increase by $9,500 annually. In addition, ten percent of the fees from the CMF will be held in the CMF account for very large capital improvements. BACKGROUND California Parks Company, dba as Urban Park Concessionaires (Urban Parks), is the current operator and has been in contract with the District at Lake Chabot Regional Park since December Urban Parks has a well-established, service-oriented history of operating this facility. At their March 20, 2008 meeting, the Board voted unanimously to approve a concession agreement with Urban Parks for (2) five-year terms, the first term ended on November 30, On November 30, 2014, an extension of the Urban Parks Agreement for the second five-year period was denied by the District due to the terms and conditions contained in the Master Lease, the controlling document, between the District and East Bay Municipal Utility District (EBMUD) which was in negotiations at that time. Instead, the Agreement was placed in month to month Hold Over as allowed in the Urban Parks Agreement. The District agreed to execute an amendment for the Urban Parks agreement with a deferred term after the execution of the new Lake Chabot lease between the District and EBMUD. The EBMUD lease was approved by the District s Board of Directors on December 1, 2015 (Resolution ). In addition to the 5-year deferred term, staff would like to amend the agreement to formally 37

39 include a monthly boat inspection service performed by Urban Parks since As a pilot program, Urban Parks agreed to include boat inspections for the Quagga Mussel Prevention program as part of their responsibility and has continued to do so through to today for $750 per month. Furthermore, District staff is also proposing to change the concession fees structure to align this agreement with other concession agreements being updated. The new structure simplifies fees paid to a single percent with no thresholds and a higher percentage of the fees paid deposited to the Concession Maintenance Fund (CMF) rather than concession fee revenue, thus allowing monies to be set aside as well as accumulate in the CMF for much needed maintenance and capital improvements. Staff recommends that the agreement with Urban Parks for the Lake Chabot food and marina concession at Lake Chabot Regional Park be amended to modify the agreement s five-year term date for January 1, 2017 through December 31, 2021, a monthly fee of $750 per month for boat inspections, and change the fees paid from 3% of gross receipts for the concession fee to 2% and from 3% of gross receipts for the concession maintenance fee to 4%. Note: the monthly inspection fee has been and will be paid from the existing Quagga Response project and is budgeted. Current Structure Concession Receipts Percentage Fee Recommended Structure Concession Revenue Percentage Fee 0 Up to $300,000 2% All Gross receipts 2% $300,001 to $400,000 3% $400,001 to $500,000 4% $500,001 and Up 5% Maintenance Fund Maintenance Fund 0 Up to $300,000 2% All Gross receipts 4% $300,001 to $400,000 3% $400,001 to $500,000 4% $500,001 and Up 5% ALTERNATIVES None recommended. 38

40 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO AMEND THE CONCESSION AGREEMENT WITH CALIFORNIA PARKS COMPANY DBA URBAN PARKS CONCESSIONAIRES: LAKE CHABOT REGIONAL PARK WHEREAS, Urban Park Concessionaires (Urban Parks) has been the concession operator at Lake Chabot Regional Park for the District since 1995; and WHEREAS, after careful consideration and review, staff recommends an amendment to the concession agreement to modify the agreement s five-year term date to January 1, 2017 through December 31, 2021; and WHEREAS, fees should be amended so that the fee structure can be simplified to a single percent with no thresholds whereby a higher percentage of fees paid to the District will be deposited to the Concession Maintenance Fee rather than concession fee revenue, thus allowing monies to be set aside and accumulate for much needed capital improvements; and WHEREAS, Urban Parks will continue to include boat inspections for the Quagga Mussel Prevention program as part of their responsibility for $750 per month; and WHEREAS, the Board Operations Committee at its February 23, 2017 meeting reviewed and unanimously recommended approval of this amendment to the concession agreement by the full Board; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes an amendment to concession agreement with Urban Parks to modify the agreement s five-year term date to January 1, 2017 through December 31, 2021, include boat inspections for the Quagga Mussel Prevention program as part of their responsibility for $750 per month, amend the fee structure paid to the District to 2% of gross receipts for the concession fee, to be coded to Account , and 4% of gross receipts for the Concession Maintenance Fee to be coded to Account ; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 21 st day of March, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 39

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42 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 g. Authorization to Accept Funding from PG&E s Community Pipeline Safety Initiative for Environmental Restoration and Maintenance at Briones Regional Park and Lafayette-Moraga Regional Trail (Margulici/O Connor) The General Manager recommends that the Board of Directors authorize the acceptance of funding from PG&E s Community Pipeline Safety Initiative for environmental restoration and maintenance within Briones Regional Park and on the Lafayette-Moraga Regional Trail. REVENUE/COST This action proposes the acceptance of approximately $255,000 for environmental restoration and maintenance related to pipeline safety. This project will not increase the ongoing operational cost of the District. BACKGROUND PG&E s Community Pipeline Safety Initiative helps to ensure that PG&E pipelines are operating safely by looking at the area above and around the natural gas transmission lines to be certain that first responders and PG&E emergency response crews have critical access to the pipelines in the event of an emergency or natural disaster. As part of this initiative, PG&E conducted an indepth review of trees located up to 14 feet from the gas transmission pipeline on District property in Contra Costa County. The results of the review were shared with the District and it was determined that a total of 245 trees are located too close to the pipeline and will be removed for safety reasons. These trees are located within Briones Regional Park and along the Lafayette-Moraga Regional Trail. In consideration of the trees that will be removed for safety reasons, PG&E will provide the District with a payment of $1,000 for each tree that is being removed, for a total payment of $245,000. PG&E will also provide one replacement tree for each of the 31 District-owned trees within the City of Lafayette, per the City s ordinance. PG&E will work with the District on appropriate community outreach in advance of the planned safety work. In addition, PG&E will 41

43 provide the District with $10,000 to be used on two years of maintenance related to maintaining pipeline safety at Briones Regional Park. ALTERNATIVES No alternatives are recommended. 42

44 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO ACCEPT PG&E FUNDING FOR ENVIRONMENTAL RESTORATION AND MAINTENANCE AT BRIONES REGIONAL PARK AND LAFAYETTE-MORAGA REGIONAL TRAIL WHEREAS, PG&E s Community Pipeline Safety Initiative helps to ensure that PG&E pipeline is operating safely by looking at the area above and around the natural gas transmission lines to be certain that first responders and PG&E emergency response crews have critical access to the pipelines in the event of an emergency or natural disaster; and WHEREAS, PG&E conducted an in-depth safety review of the pipeline on EBRPD property in Contra Costa County and has identified 245 trees that need to be removed for gas pipeline safety; and WHEREAS, the Community Pipeline Safety Initiative will provide funding for tree replacement and maintenance; and WHEREAS, District procedures require Board Approval to accept funding; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: 1. Approves the acceptance of funding from PG&E s Community Pipeline Safety Initiative; 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 corresponding increase in appropriation for the amount stipulated in the contract, including any interest. Moved by Director, seconded by Director, and approved this 21st day of March 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 43

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46 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 h. Authorization to Utilize the Services of Contra Costa County Department of Information Technology to Maintain the District s Communications System: District-wide (Gershaneck/Anderson) The General Manager recommends that the Board of Directors authorize the continuation of the existing service agreement for rental space and radio repair services with Contra Costa County Department of Information Technology up to $135,000 during REVENUE/COST The cost related to this service is included in the 2017 Public Safety operating budget. BACKGROUND For more than 50 years, Contra Costa County has operated and maintained District s radio communication infrastructure to serve both Public Safety and Operations personnel in the field. Currently the system spans four counties on nine towers, five of which are owned and operated by Contra Costa County. The District s communication microwave dishes are on Contra Costa County s towers and the District s radio transmitters and receivers are housed in hilltop radio vaults. In addition, the Contra Costa County radio technicians maintain and repair our system as needed throughout the four counties with satisfactory service. The existing agreement was approved on July 22, 1980 under Board Resolution and extended on May 18, 2010 under Board Resolution The District s legal counsel has reviewed this vendor and determined it to be a sole source vendor. Board Operating Guidelines require Board authorization for spending over $50,000 with a single vendor. ALTERNATIVES No alternatives are recommended. 45

47 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO UTILIZE THE SERVICES OF CONTRA COSTA COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY TO MAINTAIN THE DISTRICT S COMMUNICATIONS SYSTEM: DISTRICT-WIDE WHEREAS, The Police Department utilizes Contra Costa Department of Information Technology for the vault space, repair and maintenance of communications infrastructure; and WHEREAS, the District s Board Operating Guidelines require Board approval for spending greater than $50,000 with a single vendor; and WHEREAS, The District s legal counsel has reviewed this vendor and determined it to be a sole source vendor; and WHEREAS, The Board of Directors has previously approved agreements to enlist the services of Contra Costa County for this purpose in Board resolutions and ; and WHEREAS, The Police Department has funds available in its general fund budget for this purpose; NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the District to utilize the services of Contra Costa Department of Information Technology for the vault space, repair and maintenance of communications infrastructure up to $135,000 in 2017; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 21st day of March 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 46

48 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 i. Authorization to Accept and Appropriate Funds from the Regional Parks Foundation to Purchase a Horse Trailer for the Police Department: Public Safety Division (Anderson/Schirmer/Johnson) The General Manager recommends that the Board of Directors accept funds from the Regional Parks Foundation to purchase a 4-horse trailer for the Equestrian Unit of the Police Department. REVENUE/COST This action authorizes the acceptance and appropriation of $35,500 from the Regional Parks Foundation to purchase the trailer and install a decorative wrap. Funds will be budgeted to Rolling stock greater than $25,000, with an equal increase to the revenue budget. BACKGROUND The Equestrian Unit is currently comprised of 2 mounted officers and horses and uses a 3-horse trailer to transport horses to community events and patrol assignments. The trailer is approximately 20 years old and at the end of its useable life. The goal is to return the unit to full staffing of a 3 officer/horse team by adding one additional full-time horse mounted officer. The acceptance of this grant will allow the Unit to purchase a new, 4-horse trailer with a decorative wrap showcasing the District s commitment to community service as well as the partnership with the Regional Park Foundation. Fremont Bank has agreed to fund this purchase via the Regional Parks Foundation (RPF), and the RPF has unanimously approved the donation for this purpose. ALTERNATIVES No alternatives are recommended. 47

49 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO ACCEPT AND APPROPRIATE FUNDS FROM THE REGIONAL PARKS FOUNDATION TO PURCHASE A HORSE TRAILER FOR THE POLICE DEPARTMENT: PUBLIC SAFETY DIVISION WHEREAS, The Police Department s Equestrian Unit is in need of replacing an aging horse trailer; and WHEREAS, the Regional Parks Foundation will receive $35,550 from Fremont Bank to support the purchase of a new trailer and wrap; and WHEREAS, District procedures require Board Approval to accept funds and amend the budget; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby accepts and appropriates funds in the amount of $35,550 from the Regional Parks Foundation to purchase a 4-horse trailer and wrap; and BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is hereby authorized to amend the current year s budget, without further Board action, upon receipt of the executed contract or check from the Foundation. The budget amendment will include an increase in budgeted revenue and a corresponding increase in appropriation for the amount stipulated in the contract or check received from the Foundation. Moved by Director, seconded by Director, and approved this 21st day of March, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 48

50 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM X X NEW APPROPRIATIONS New Appropriation New Revenues DECREASE BUDGET ACCOUNT AMOUNT BUDGET TRANSFERS Between Fund Sources Between Projects INCREASE BUDGET ACCOUNT Account Name: Revenue: General Fund- Special Enforcement-District Wide- Foundation Donation-Revenue AMOUNT Account Name: Expense: General Fund- Special Enforcement-District Wide- Rolling Stock Greater than $25,000 $ 35, $ 35,500 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March 21, 2016, the General Manager recommends that the Board of Directors accept a $135,500 donation from the Regional Parks Foundation to purchase a new four-horse trailer with decorative wrap. The funding is provided by Fremont Bank, via the Foundation. As approved at the Board of Directors Meeting on date: 3/21/2017 Board of Directors Resolution Number: Posted By: Posted date: Signature: T:\BOARDCLK\BOARD MATERIAL\2017\5 - March 21, 2017\S DRIVE\C-1-h PAFFAIRS Accept RFP Donation for 4 Horse Trailer.xlsx 49

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52 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 j. Authorization to Apply for Funding from Castro Cove Discharges for Dotson Family (Breuner) Marsh Wetland-Upland Transitional Planting: Point Pinole Regional Shoreline (Margulici/Barton/Auker) The General Manager recommends that the Board of Directors authorize applying for and the acceptance of funds from Castro Cove Discharges through the Castro Cove Trustees for Dotson Family (Breuner) Marsh Wetland-Upland Transitional Planting at Point Pinole Regional Shoreline. REVENUE/COST This action proposes the acceptance of approximately $90,000 for Wetland-Upland Transitional Planting at Dotson Family (Breuner) Marsh in Point Pinole Regional Shoreline. This project will not increase the ongoing operational cost of the District. BACKGROUND Implementation of the Dotson Family (Breuner) Marsh Restoration and Public Access project will compensate the public, in part, for injuries to natural resources caused by historic wastewater discharges from a petroleum refinery owned and operated by Chevron Products Company in Richmond, California, into Castro Cove (the Castro Cove discharges ), a small embayment within San Pablo Bay. The Castro Cove discharges resulted in elevated concentrations of mercury and polycyclic aromatic hydrocarbons in Castro Cove sediments. Funding for the project is administered by the California Department of Fish and Wildlife (CDFW), the United States Fish and Wildlife Service (USFWS), and the National Oceanic and Atmospheric Administration (NOAA) (collectively referred to as the Trustees ). The Dotson Family (Breuner) Marsh Restoration and Public Access Project received a $950,000 grant from the Castro Cove Trustees for marsh restoration. This grant was completed in The trustees have approximately $50,000-$100,000 remaining from the settlement that is available to support previously funded Castro Cove projects including the Dotson Family (Breuner) Marsh Project. 51

53 The District is seeking funding to continue with tidal wetland-upland plantings and to implement new seasonal wetland-upland transitional habitat plantings in 2017 and beyond. This work would involve labor and materials for establishing the plants, including irrigation, weeding, and plant replacement. If selected to receive additional Castro Cove discharge funding, the District would enter into a funding agreement with one of the trustee agencies. ALTERNATIVES No alternatives are recommended. 52

54 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO APPLY FOR FUNDING FROM CASTRO COVE DISCHARGES FOR DOTSON FAMILY (BREUNER) MARSH WETLAND-UPLAND TRANSITIONAL PLANTING: POINT PINOLE REGIONAL SHORELINE WHEREAS, implementation of the Breuner Marsh Restoration project will compensate the public, in part, for injuries to natural resources caused by historic wastewater discharges from a petroleum refinery owned and operated by Chevron Products Company in Richmond, California, into Castro Cove (the Castro Cove discharges ), a small embayment within San Pablo Bay; and WHEREAS, funding for the project is administered by the California Department of Fish and Wildlife (CDFW), the United States Fish and Wildlife Service (USFWS), and the National Oceanic and Atmospheric Administration (NOAA) (collectively referred to as the Trustees ); and WHEREAS, the District would sign an agreement with the Trustees for use of the funds up to the maximum amount available from Castro Cove discharges; and and WHEREAS, District procedures require Board Approval to apply for and accept funding; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: 1. Authorizes the application for funding from Castro Cove discharges; 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 corresponding increase in appropriation for the amount stipulated in the contract, including any interest. 53

55 Moved by Director, seconded by Director, and approved this 21st day of March 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 54

56 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 k. Authorization to Apply to the California Office of Emergency Services (CAL OES) and the Federal Emergency Management Agency (FEMA) for reimbursement of expenses incurred for cleanup and repair of damage during the 2017 Storms DR-4301: District-wide (Margulici/Auker) The General Manager recommends that the Board of Directors authorize an application to the California Office of Emergency Services (CAL OES) and the Federal Emergency Management Agency (FEMA) for reimbursement of expenses incurred for District-wide clean up and repair of damage during the 2017 Storms. REVENUE/COST Staff is developing a list of damage from the 2017 Storms. The damage is estimated at approximately $4,000,000. The Finance Department has established the project tracking codes Del Valle Flood 2017 and District Wide Storm Damage to be used on all timecards, requisitions and credit card purchases to track expenditures incurred due to the storms. Not all expenditures tracked, as part of this process, will be eligible for reimbursement. Once the FEMA Project Worksheet (PW) is written and eligibility established, the District would create Capital Project Accounts to track expenses for eligible reimbursement. BACKGROUND On February 14, 2017, President Donald Trump declared a major disaster for Contra Costa and Alameda Counties. Local governments, special districts, state agencies and certain nonprofit organizations in the declared counties are therefore eligible to apply for Public Assistance funds from the FEMA. Cal OES and FEMA visited District storm damage sites at the end of January 2017 as part of the Preliminary Damage Assessment (PDA) process. To date, District has submitted damage reports to FEMA for 20 projects valued at over $3.7 million. Additional projects will be submitted to FEMA as details become available. With approval of this resolution, the District 55

57 will submit a list of projects to qualify for funding and work with FEMA to establish a Project Worksheet (PW). Only overtime, vehicle costs and contracts are eligible as emergency protective measures and debris removals. Past FEMA disaster guidelines have stated that emergency protective measure work must be performed within six-months of the disaster declaration. Large and small capital projects for permanent repairs will be written through the normal PW process. This permanent repair work typically must be completed within eighteen months of the disaster declaration. ALTERNATIVES The District could decide not to submit the application or accept grant funds. This alternative is not recommended. 56

58 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO APPLY TO THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL OES) AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR REIMBURSEMENT OF EXPENSES INCURRED FOR CLEAN UP AND REPAIR OF DAMAGE DURING THE 2017 STORMS DR-4301: DISTRICT-WIDE WHEREAS, as a result of the Presidential declaration of a major disaster in Contra Costa and Alameda Counties on February 14, 2017 government agencies may be eligible for federal assistance through the California Governor s Office of Emergency Services (Cal OES) from the Federal Emergency Management Agency (FEMA) for damages and costs related to the 2017 Storms ; and WHEREAS, to date, District has submitted damage reports to FEMA for 20 projects valued at over $3.7 million and additional projects will be submitted to FEMA as details become available; and WHEREAS, FEMA is in the process of reviewing storm damage recovery projects and will likely approve many of them within approximately the next twelve months; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby: 1. Appoints the General Manager and Assistant General Manager of Finance and Management Services/CFO as the authorized agents of the East Bay Regional Park District. 2. Authorizes the General Manager and Assistant General Manager of Finance and Management Services/CFO, as the agents, to execute for and on behalf of the East Bay Regional Park District, a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. 3. East Bay Regional Park District a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. 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 57

59 year s budget, without further Board action, upon receipt of an executed grant contract other authorizing document from Cal OES or FEMA 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; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed on behalf of the District to accept grant funds and conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and approved this 21 st day of March, 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 58

60 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION L. Authorization of Measure WW Urban Creeks Grant Program (Rasmussen/Graul/Auker) The General Manager and Board Executive Committee (by unanimous vote) recommend that the Board of Directors authorize the Measure WW Urban Creeks Grant Program for up to $1.6 million and release of the Procedural Guidelines to the public. REVENUE/COST $1.6 million in bond proceeds authorized under Measure WW have been budgeted for this grant program. BACKGROUND On November 4, 2008, the voters of the East Bay Regional Park District approved Measure WW, Regional Open Space Wildlife, Shoreline and Parks Bond Extension. Of the $500 million bond extension, $8 million of the bond proceeds are allocated to urban creek projects. The Measure intended to provide a grant program for a portion of this urban creek allocation. Therefore, the District has established the Measure WW Urban Creeks Grant Program Procedural Guidelines that establish the policies and procedures under which the District would reimburse public agencies for up to $1.6 million in eligible expenses on local urban creek projects (Exhibit #1). On November 1, 2016, the draft Measure WW Urban Creeks Grant Program Procedural Guidelines were approved by the Board for public review and input (Resolution ). Staff immediately posted the guidelines to the District s website and held public workshops at the Trudeau Center on January 11, 2017 and at the Big Break Visitor Center on January 24, On January 23, 2017, the Park Advisory Committee (PAC) reviewed and commented on the guidelines and recommended approval of the program to the full Board. On March 2, 2017, the Board Executive Committee unanimously recommended approval of the program and establishing grant timelines. 59

61 Following receipt of grant applications and scoring, staff will bring the final project recommendations back the Board for approval. ALTERNATIVES No alternatives are recommended. 60

62 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION OF MEASURE WW URBAN CREEKS GRANT PROGRAM WHEREAS, on November 4, 2008, the voters of the East Bay Regional Park District approved Measure WW, Regional Open Space Wildlife, Shoreline and Parks Bond Extension; and WHEREAS, of the $500 million bond extension, $8 million of the bond proceeds are allocated to local agencies to fund urban creek projects; and WHEREAS, the Measure WW Urban Creeks Grant Program Procedural Guidelines establish the policies and procedures under which the District would reimburse agencies for up to $1.6 million in eligible expenses on local urban creek projects (Exhibit #1); and WHEREAS, the Measure WW Urban Creeks Grant Program Procedural Guidelines have been reviewed by the public and the Park Advisory Committee (PAC) and the Board Executive Committee recommended approval of the program to the full Board; and WHEREAS, following receipt of grant applications and scoring, staff will bring the final project recommendations back the Board for approval; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District approves the Measure WW Urban Creeks Grant Program for an amount up to $1.6 million; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 21 st day of March, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 61

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64 Procedural Guide for the URBAN CREEKS GRANT PROGRAM Round #1 Under the East Bay Regional Park District Park Measure WW Park Bond Extension March

65 A technical assistance workshop to assist applicants with their project applications is scheduled for: 2:00 to 4:00 May 18, 2017 Trudeau Training Center Skyline Blvd, Oakland, CA Please continue to check our website for updates and all the forms at: Submit all grant applications, payment requests, back up documentation and project completion packages to: Tiffany Margulici, Grants Manager East Bay Regional Park District P.O. Box 5381 Oakland, CA (510) Telephone (510) FAX WW Urban Creek Grant Procedural Guide 64

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67 TABLE OF CONTENTS I. DEFINITIONS... 1 II. WW URBAN CREEKS GRANT PROGRAM DESCRIPTION... 2 Amount of Funds Available... 2 Eligible Applicants... 2 Eligible Projects... 2 III. IMPORTANT POINTS... 2 Application Timeline... 2 IV. HOW TO APPLY FOR WW URBAN CREEKS GRANT FUNDS... 2 How to Apply for a Project... 2 Selction Criteria... 3 Progress Payments... 4 Project Completion... 4 V. ADMINISTRATIVE PROVISIONS... 5 Land Tenure Requirements... 5 CEQA Requirements... 5 Changes to Project Scope... 5 Project Withdrawals... 6 VI. PAYMENT PROCESS... 6 Grant Fund Availability... 6 Progress Payments... 6 Eligible Costs... 6 APPENDIX A Sample Grant Contract... 9 APPENDIX B Application Checklist APPENDIX C Project Application Form APPENDIX D Sample Resolution APPENDIX E Sample Cost Estimate APPENDIX F CEQA Certification Form APPENDIX G Payment Request Form APPENDIX H Project Cost Summary Forms APPENDIX I Project Status Report Form APPENDIX J Project Completion Package APPENDIX K Program Sign Requirements WW Urban Creeks Grant Procedural Guide i 66

68 This page is intentionally left blank WW Urban Creeks Grant Procedural Guide ii 67

69 I. DEFINITIONS Capitalized words and terms, other than the first word of each sentence, appear in these guidelines. These are defined in the Definition Section below. Unless otherwise stated, the terms used in this Procedural Guide shall have the following meanings: Acquisition: means to obtain fee title or other permanent rights in real property. Applicant: means an agency or organization requesting funding from the program. Application: means the individual Project Application and its required attachments for grants, pursuant to the enabling legislation and/or procedural guidelines. Authorized Representative the Applicant/Grantee s designated position authorized in the Resolution to sign all required grant documents. The Authorized Representative may designate an alternate by informing the District in writing. Board: means the East Bay Regional Park District Board of Directors Bond Measure: means Measure WW, the Extension of the East Bay Regional Park District Park Bond. Capital Project: means the acquisition of land or development activities that are fixed to the site and expected to be long lasting. CEQA: means the California Environmental Quality Act, Public Resources Code Section et seq.; Title 14, California Code of Regulations Section et seq. Grant Contract: means an agreement between the District and Grantee specifying the payment of funds by the District for the performance of the Project Scope within the Project Performance Period by the Grantee. Contract Performance Period: means the date the Grant Contract is fully executed through December 31, 2025, the period of time that the grant funds are available, and the time in which the Project must be completed, billed and paid. District: means the East Bay Regional Park District. Development: means improvements to real property for parks and recreation purposes, including but not limited to habitat restoration, erosion repair or construction for recreation, preservation and protection. General Manager: means the General Manager of the East Bay Regional Park District. Force Account: means Project work performed by a Grantee s own work force. Grantee: means an Applicant who has an approved Contract for grant funds. Grants Manager: means an employee of the District, who acts as a liaison with Grantees and administers Bond Measure grants. Project: means the Acquisition, Development, enhancement, restoration or other activity to be accomplished with grant funds. Project Grant Amount: means the amount of grant funds assigned to a specific Project. Project Scope: means the description of the work or activity to be accomplished listed in the Scope of Work section of the application form. Tenure: means the Applicant owns the land or has another long-term agreement with the landowner. WW Urban Creeks Grant Procedural Guide 68

70 II. WW URBAN CREEKS GRANT PROGRAM DESCRIPTION Amount of Funds Available $1.6 million Matching Requirement: 50% $50,000 minimum, $800,000 maximum grant amount Eligible Applicants Federal, State and Local government agencies. (Non-profits and community groups are encouraged to partner with eligible government agencies.) The District will provided technical workshops and extended time for application submission to assist applicants in developing good partnerships. Eligible Projects Capital Projects that will provide lands and projects that benefit urban streams within the East Bay Regional Park District jurisdiction (Alameda and Contra Costa counties). The following types of Capital Projects are eligible for grant funding: Acquisition (fee title or permanent easements) For land acquisition projects applicants must submit a copy of the land agreement and appraisal if applicable for District approval prior to acquisition. Development (including habitat restoration, erosion repair and public access). The following types of projects are ineligible for grant funding: Plans and Study Only Maintenance Equipment Purchase (trucks, mowers, tractors, etc.) Non-fixed equipment (testing equipment, GPS, etc.) Educational programming and staffing Vegetation removal without restoration III. IMPORTANT POINTS Match eligible starting January 1, Project applications are due February 28, The Grantee may spend up to 20% of the Grant amount for pre-construction costs, including grants administration, survey, plans, permits, specifications, compliance and/or Acquisition documents. Grantee should follow their accounting and procurement policies and procedures. Grant award announcements by August Grant contracts executed by December 31, The Project must be fully completed (including processing final payment) by December 31, IV. HOW TO APPLY FOR WW URBAN CREEKS GRANT FUNDS 1. The Applicant submits grant application. WW Urban Creeks Grant Procedural Guide 69

71 2. The District Board of Director s awards a grant. 2. The District sends a Grant Contract to the Applicant for signature. 3. The Applicant returns the signed Grant Contract to the District. 4. The District returns a fully executed Grant Contract to the Applicant (now Grantee). Grant Program Goals The program seeks to fund projects that provide multiple benefits including improving environmental quality, addressing climate change through a reduction of greenhouse gas emissions and adaptation, conserving natural resources, and improving public health and public access. Project should address the current hydrologic conditions and factors affecting stream function such as watershed development, land use changes, dams or other artificial constrictions and should improve the project site conditions in the context of the stream reach, including environmental concerns about vegetation (e.g., natives, exotics), wildlife and aquatic species habitat, water quality and other issues. Project Selection Criteria (10-page maximum, single spaced. For acquisition projects, answer questions based on the potential benefits of the project.) (269 points maximum.) 1. Population within ½ mile of project site. Provide printout from LWCF Service Area Calculator website: (5 points per 1,000.) 2. Project connects with East Bay Regional Park District property, see EBRPD Master Plan Map at: -+August+2013.pdf (10 points maximum) a. Adjacent to EBRPD property or completes an EBRPD Master Plan project (10 points) b. Connects to same watershed as EBRPD property (5 points) 3. Project is identified and/or consistent with other plans (5 points per plan, 25 points maximum.) 4. Percent match (1 point per percent over required 50%) 5. Number of permits from list below in hand or satisfied (5 points per signed permit or release.) 1. US Army Corps of Engineers Historical Clearance, Section Endangered Species Act, Section 7 or Section California Department of Fish and Wildlife Stream Alteration, Section State Water Resource Control Board, Section Local Grading Permit 7. Storm Water Pollution Prevention Plan 6. Removes barriers to fish passage (25 points maximum) a. Fish present and removes barrier at all flows (25 points) b. Fish present and removes barrier at high flows (15 points) c. Fish not present, but removes barrier (5 points) 7. Improves habitat for state/federal threatened and endangered species (25 points maximum) WW Urban Creeks Grant Procedural Guide 70

72 a. 5 points per species (Describe potential benefits to threatened or endangered species.) 8. Improves water quality (25 points maximum) a. Fully restores a section of degraded or restricted creek (25 points) b. Repairs erosion or removes contaminants (15 points) c. Improves riparian vegetation (5 points) 9. Improves resiliency to climate change (10 points maximum) a. Improves flood protection and protects or improves habitat (10 points) b. Improves flood protection with limited habitat improvement (5 points) 10. Provides public access (15 points maximum) a. Provides trail access to transit center (15 points) b. Provides trail access with interpretive elements (10 points) c. Provides overlooks or limited access (5 points) Progress Payments 1. After the Grant Contract is executed, the Grantee may request reimbursement up to 80% of the Grant amount for expenses incurred after execution of a Grant Contract. Project Completion 1. The Grantee completes the Project and submits the Project Completion Package to the Grants Manager (see APPENDIX J Project Completion Package). 2. The Grantee installs Measure WW sign at the project site (see APPENDIX K Program Sign Requirements) for sign requirements. 3. The District performs an audit of submitted documentation for the completed Project. 4. The District conducts the final on-site Project inspection. 5. The District processes the final payment. 6. The Project must be fully completed (including processing final payment) by December 31, WW Urban Creeks Grant Procedural Guide 71

73 V. ADMINISTRATIVE PROVISIONS Land Tenure Requirements For Development Projects, Applicants must provide evidence to the District that they have adequate tenure and site control of properties to be improved. Tenure includes, but is not limited to: Ownership Lease Easement Joint powers or similar agreement Adequate site control is considered the power or authority to manage, direct, superintend, restrict, regulate, govern, administer, oversee a plot of ground suitable or set apart for some specific habitat or recreational use. The District requires that the Grantee have authority to use the property for restoration for at least 25 years of land tenure from the date of Application. CEQA Compliance Compliance with CEQA is required for all projects. To document compliance for the purposes of the grant application, the applicant must submit the documents noted below. Provide the CEQA Compliance Certification Form (Appendix F) Provide a copy of the Notice of Exemption or the Notice of Determination stamped by the County Clerk. Progress Status Reports The Grantee shall submit written Project Status Report Form to the District every six months (see APPENDIX I Project Status Report Form). Project Status Reports are due within 30-days following June 30th and December 31st each year. The District shall withhold all payments and approvals until all Project Status Reports are properly submitted. Changes to Project Scope A Grantee wishing to change the Project Scope of an approved Project shall submit any changes to the original Project Scope in writing to the District for prior approval. The Grantee must request a change in Project Scope if the actual work or activity to be accomplished is different than that listed in the Scope of Work section of the application form. To request a change in Project Scope the Grantee shall provide the following: Cover Letter Revised Application Form Revised Budget Revised Site Plan A change in Project Scope is not needed for line item budget changes or project completion below requested amount. WW Urban Creeks Grant Procedural Guide 72

74 Project Withdrawals The Grantee may unilaterally rescind a Project at any time prior to any payment being made by the District for the Project. After Project commencement, the Project may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the District. The Grantee shall return all payments on the withdrawn Project that were made by the District. VI. PAYMENT PROCESS Grant Fund Availability Grant funds are available for eligible expenditures incurred after execution of a Grant Contract. The Grantee must have a fully executed Grant Contract prior to receiving reimbursement for eligible expenditures. The Grantee must complete the Project and have final payment processed by December 31, Progress Payments The Grantee may request reimbursement for eligible expenses incurred after execution of a Grant Contract. Payment Request Process Payment Type Progress Payment Reimbursement up to 80% Final Documentation Payment Request Form Project Cost Summary Forms Backup documentation (including contract documentation if applicable), see page 9 Payment Request Form Project Cost Summary Forms Project Certification Form Backup documentation (including final contract and acquisition documentation if applicable), see page 9 Eligible Costs Only costs incurred during the Contract Performance Period are eligible. The Grantee may spend up to 20% of the Project Grant amount for pre-construction costs, including but not limited to grants administration, survey, plans, permits, specifications, acquisition documents, etc.. The Grantee may claim only those costs directly related to the Project. Indirect cost rates are not eligible. Other ineligible costs include: interest, food and bonuses of any kind. Grantee should follow their accounting and procurement policies and procedures. However, all construction contracts must include prevailing wage provisions as provided for in California Labor Code section 1770 et. seq. Eligible Sources of Match Expenditures or work performed on the project starting January 1, Federal, State, local, private, mitigation and in-kind or volunteer sources are eligible for match. Match is subject to the same backup documentation and eligible cost requirements as the grant. WW Urban Creeks Grant Procedural Guide 73

75 ELIGIBLE COSTS CHART COSTS EXPLANATION EXAMPLES Pre-Construction Costs (the grant will not fund more than 20% of the Grant Amount) Pre-Construction Costs Personnel or Employee Services Construction and Construction Management Construction Equipment Project planning, appraisals, and negotiations Survey Plans and Specifications Legal Fees & Permits Appraisal/Title/Escrow Fees Construction Insurance Construction Costs Must be computed according to the Grantee s normal wage or salary scales, and on the actual time spent on Project. Indirect rates are not eligible. Must not exceed Grantee s established rates for similar positions. All necessary construction activities Construction support The Grantee may only charge the actual cost of the use of the equipment during the time it is being used for Project purposes. For force account equipment, the Grantee must list Caltrans equipment codes and use Caltrans equipment rental rates. Rates in excess of these rates are not eligible. The purchase of equipment is not eligible. Wages and benefits Front line supervision of employees Work performed by another agency Construction contract Consultants Inspection & construction management Submittal review and resident engineering Rental equipment Equipment leased for project In-house equipment Fixed Equipment Equipment permanently fixed to the Project site. Play equipment Fixed benches Construction Supplies/Materials May be purchased for specific Project, or may be drawn from stock if claimed costs are no higher than those the Grantee would pay. Signs/interpretive aids Materials and Supplies: Concrete Lumber Steel Relocation Costs Costs resulting in displacement of a Relocation Costs person/business The Grantee shall comply with State Relocation Act Acquisition Costs Costs of acquiring real property Purchase price WW Urban Creeks Grant Procedural Guide 74

76 BACK UP DOCUMENTATION The grantee must submit the following documents if applicable with payment requests. Items in BOLD may be provided with Completion Package. In addition, an audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. CONSTRUCTION CONTRACTS Summary list of bidders (including bid advertisement date and winning bid package) MINOR CONTRACTS / MATERIALS / SERVICES / EQUIPMENT RENTALS Purchase orders/contracts/service Agreements Awarding by governing body (minutes of the meeting/resolution) Contract agreement Contract bonds (bid, performance, payment) Invoices Payments (cancelled checks**) The purchase of art may require an art appraisal Contract change orders Contractor's invoices Payments to contractor (cancelled checks**) Proof of electronic funds transfer Final Payment to contractor (even if paid using other funding sources) Stop Notices (filed by sub-contractors and release if applicable) Liquidated damages (claimed against the contractor) Notice of Completion or Final Acceptance ACQUISITION Appraisal Report Final Escrow Closing Statement Cancelled checks** (payment(s) to seller(s)) Grant deed (vested to the participant) or final order of condemnation Title insurance policy (issued to participant) IN-KIND MATCH* Daily time records identifying the project site. IN-HOUSE LABOR* Payroll records from finance system IN-HOUSE EQUIPMENT* Daily time records identifying the project site Caltrans Equipment Code * Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit. ** Front and back if copied. WW Urban Creeks Grant Procedural Guide 75

77 APPENDIX A Sample Grant Contract 76

78 EAST BAY REGIONAL PARK DISTRICT MEASURE WW PARK BOND EXTENSION GRANT CONTRACT - WW URBAN CREEKS GRANT PROGRAM GRANT CONTRACT No.: GRANTEE THE PROJECT PERFORMANCE PERIOD is from the date this agreement is signed below by the District through December 31, 2025 The Grantee agrees to the terms and conditions of this Contract, and the East Bay Regional Park District, acting through its Board of Directors pursuant to the Measure WW Park Bond Extension, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND RESTORATION OF URBAN CREEKS. The General Provisions, WW Urban Creeks Grant Procedural Guide and Forms are attached hereto and made a part of and incorporated into the Contract. The District anticipates that WW Parks Bonds in the amount of $ will be issued for project. Grantee EAST BAY REGIONAL PARK DISTRICT By By (Signature of Authorized Representative) (Signature of Authorized Representative) (Print Name of Authorized Representative) (Print Name of Authorized Representative) Title Title Date Date 77

79 EAST BAY REGIONAL PARK DISTRICT MEASURE WW PARK BOND EXTENSION GRANT CONTRACT - WW URBAN CREEKS GRANT PROGRAM GRANT CONTRACT No.: GRANTEE Authorized Representative the Applicant/Grantee s designated position authorized in the Resolution to sign all required grant documents. The Authorized Representative may designate an alternate by informing the District in writing. The Authorized Representative (Print Name & Title) hereby designates the following alternates: Name / Title Address Phone Name / Title Address Phone Name / Title Address Phone Name / Title Address Phone 78

80 General Provisions A. Definitions 1. The term "Measure" as used herein refers to the revenue generated from the sale of bonds for the Program. 2. The term Application as used herein refers to the individual Project Application(s) and its required attachments for grants, pursuant to the enabling legislation and/or procedural guidelines. 3. Acquisition: means to obtain fee title or other permanent rights in real property. 4. The term District means the East Bay Regional Park District. 5. The term Development means improvements to real property for parks and recreation purposes, including but not limited to the renovation or additions to existing sites for preservation and protection. WW Urban Creeks Grant Program funds may only be used for Capital Improvement. 6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. The term "Project" as used herein means the project described in the Brief Description of Project on the Project Application form. B. Project Execution 1. Subject to the availability of grant monies in the Measure, the District hereby grants to the Grantee a sum of money (grant monies) not to exceed the amount stated on page 1, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Measure WW Park Bond Extension WW Urban Creeks Grant Procedural Guide, and under the terms and conditions set forth in this Contract. The Grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the District must be submitted to the District for approval. 2. The Grantee shall complete the Project in accordance within the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. 3. The Grantee shall certify its compliance as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section et seq.). 4. The Grantee shall comply with all applicable current laws and regulations effecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 79

81 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the District, to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original scope of work in writing to the District. 7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state and local laws or ordinances effecting relocation and real property acquisition. 8. The Grantee shall provide public access to Project sites commensurate with the intent of the Project. 9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the District that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land that is held by the Grantee, as determined by the District. 10. The Grantee shall maintain and operate the property for a period that is commensurate with the type of Property and the proportion of District funds allocated to the capital costs of the Project. With the approval of the District, the Grantee, or the Grantee s successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use, sale or other disposition of the property, except as authorized by specific action of the District Board of Directors. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. For Acquisition Projects, if the use of the property or portion of the property is changed to a use that is not for parks and recreation, or if the property is sold or otherwise disposed of, the Grantee shall either reimburse to the District, or apply to parks and recreation capital purpose (pursuant to agreement with the District as specified in this section), an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater. If funds are reimbursed to the District, such reimbursement will be available for appropriation by the District Board of Directors only for an authorized purpose. For Development Projects, if the use of the property or portion of the property is changed to a use that Is not for parks and recreation, the Grantee shall reimburse to the District an amount equal to (1) the amount of the grant, less (2) a credit based on straight depreciation for time, i.e. a percentage for each year of use. Such reimbursement to the District will be available for appropriation by the District Board of Directors only for an authorized purpose. Notwithstanding the above, in the event of Extraordinary Circumstance, the Grantee shall be excused from performance hereunder during the time and to the extent that the public is prevented from using the property for community park and recreation purposes, including but 80

82 not limited to, payment of the amount of the grant, fair market value of the real property, or proceeds from the sale or other disposition, whichever is greater. Extraordinary Circumstance is an occurrence that is beyond the control of the Grantee and could not have been avoided by exercising reasonable diligence, including without limitation, any act of God; nation emergency; riot; war; terrorism; governmental act or direction; change in Laws; earthquake; storm; hurricane; flood, fire, or other natural disaster; or school closure for any reason. 11. The Grantee shall post and maintain a funding acknowledgement sign at the Project site for three years following receipt of final payment for the project. C. Project Costs 1. The District may disburse to the Grantee the grant monies as follows, but not to exceed in any event, the total Grant Amount set forth of page 1 of this Contract: a. The Grantee may request progress payments up to a total of up to 80% of the approved Project Application amount for eligible expenditures made on the project. b. The remaining grant funds shall be paid up to the amount of the Application or the actual Project cost, whichever is less, on completion of the Project and receipt of a Completion Package of Project costs from the Grantee. D. Project Administration 1. The Grantee shall submit written Project Status Reports to the District every six months. The District shall withhold all payments until all Project Status Reports are properly submitted. 2. The Grantee shall make property and sites developed pursuant to this Contract available for inspection upon request by the District. E. Project Termination 1. Any Grant funds that have not been expended by the Grantee prior to the end of the performance period set forth of page 1 of this Contract shall revert to the District and be available for Appropriation by the District Board of Directors for one or more other projects for parks and recreation purposes. 2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of a Project. After Project commencement, this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the District. 3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Measure may be cause for suspension of all obligations of the District hereunder. However, such failure shall not be cause for the suspension of all obligations of the District hereunder if in the judgment of the District such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract. 81

83 F. Hold Harmless 1. The Grantee shall waive all claims and recourse against the District including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the District, its officers, agents, and employees. 2. The Grantee shall indemnify, hold harmless and defend the District, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project. This includes claims, demands or causes of action that arise under Government Code Section or otherwise, except for liability arising out of the concurrent or sole negligence of the District, its officers, agents, or employees. 3. The Grantee agrees that in the event the District is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the District of such fact and shall represent the District in the legal action, unless the District undertakes to represent itself as codefendant in such legal action, in which event the District shall bear its own litigation costs, expenses, and attorney s fees. 4. The Grantee and the District agree that in the event of judgment entered against the District and the Grantee because of the concurrent negligence of the District and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall indemnify, hold harmless and defend the District, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and make them available to the District for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records until December 31, The Grantee and the District agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the District accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. H. Use of Sites 82

84 1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the District grant monies were requested and no other use of the area shall be permitted except by specific written approval by the District. 2. The Grantee shall maintain and operate the property developed for a minimum of 25-years after final payment of grant funds. The Grantee shall permit periodic inspection of the project by the District during this period and may be required to submit annual project status reports if requested by the District. I. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or site developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent those reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. J. Procedural Guidelines and Application Incorporation The Project Application, Procedural Guidelines and Forms and any subsequent change or addition approved by the District is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the application thereof is held invalid, that invalidity shall not effect other provisions of the Contract, which can be given effect without the invalid provision or application, and to this end the provisions of this Contract are severable. 83

85 APPENDIX B Application Checklist Please use most recent form by following the link below: 84

86 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM APPLICATION CHECKLIST Project Name: Applicant: Project Amount: # Item Description 1 Project Application Form. The Project Application form must be completed and signed by the Grantee s authorized representative. 2 Authorizing Resolution The Applicant/Grantee s designated position authorized in the Resolution to sign all required grant documents. 3 Cost Estimate with Sources of Additional Prepare estimate that closely reflects the project documentation (i.e. bid items, staff time, purchase, materials, etc.) Funding 4 Scoring Criteria 10-page maximum (single spaced) 5 CEQA Certification Form 6 Land Tenure 7 List Leases or Agreements. At the time of Application, the Applicant must provide a CEQA Certification Form along with either a Notice of Exemption or Notice of Determination stamped by the county clerk. Provide evidence of ownership or site control. For fee title submit an assessors map and records search listing. For less than fee title provide a property map and copy of the full agreement. Provide a list of all other leases, agreements, etc., effecting Project lands or the operation and maintenance thereof, in addition to those relevant to land tenure (if applicable). 8 Project Location Map Provide a map (city or county) with enough detail to allow a person unfamiliar with the area to locate the Project. On-line mapping and directions from 2950 Peralta Oaks Court, Oakland, CA could fulfill this requirement. 9 Site Plan For Projects involving Development, provide a drawing or depiction indicating what improvements the Applicant will make, and where the improvements will be located on the property. For Projects involving Acquisition, provide an Acquisition map outlining the acreage and parcel number(s) to be acquired. 10 Photograph Provide a photograph of the Project site. 85

87 APPENDIX C Sample Project Application Form Please use most recent form by following the link below: 86

88 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM PROJECT NAME GRANT APPLICANT (Agency and Address) PROJECT APPLICATION AMOUNT OF GRANT REQUESTED $ AMOUNT OF MATCH $ TOTAL PROJECT COST $ PROJECT ADDRESS Grant Applicant s Representative Authorized in Resolution Expected Date of Completion: Name / Title Address Phone Person with grant administration responsibility for Project (if different from authorized representative) Name / Title Address Phone Scope of Work: For Dev. Projects Land Tenure Acres For Acquisition Projects: Acres owned in fee simple by Grant Applicant Acres to be acquired in fee simple. (Provide purchase agreement and appraisal for approval prior to acquisition.) Acres available under an permanent easement. Acres to be acquired under public access easement. (Provide copy of easement for approval prior to acquisition.) Other (explain) Acres available under a lease Other (explain) I certify that the information contained in this Project application is accurate. Application Submitted by Title Date 87

89 APPENDIX D Sample Resolution The resolution may be modified but it must contain all of the District s language. 88

90 EAST BAY REGIONAL PARK DISTRICT MEASURE WW URBAN CREEKS GRANT PROGRAM Resolution No: RESOLUTION OF THE (Title of Governing Body) AUTHORIZATION TO APPLY FOR WW URBAN CREEKS GRANT FUNDS FROM THE EAST BAY REGIONAL PARK DISTRICT UNDER MEAUSURE WW PARK BOND WHEREAS, the people of the East Bay Regional Park District have enacted the Measure WW Park Bond Extension which provides funds for the acquisition and restoration of urban creeks; and WHEREAS, the East Bay Regional Park District Board of Directors has the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures require the Applicant s Governing Body to certify by resolution the approval of the Applicant to apply for the WW Urban Creeks Grant funds, and WHEREAS, the Applicant will enter into a Contract with the East Bay Regional Park District; NOW, THEREFORE, BE IT RESOLVED that the hereby: (Applicant s Governing Body) 1. Approves the submission of a grant application to the WW Urban Creeks Grant Program under the East Bay Regional Park District Measure WW Park Bond Extension; and 2. If awarded a grant, approves the execution of a grant contract from the WW Urban Creeks Grant Program under the East Bay Regional Park District Measure WW Park Bond Extension; and 3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and 4. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 5. Appoints the (designated position) as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project. Approved and Adopted on the day of, 20. I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by following a roll call vote: (Applicant s Governing Body) For Against Abstain Absent (Clerk) 89

91 APPENDIX E Sample Cost Estimate Submit estimate electronically in Excel format Please use most recent form by following the link below: Your cost estimate should relate to bid documents and the financial accounting for your project. The sample cost estimate below is to assist you in developing a cost estimate for your Project. You may reformat and change the content as needed to accommodate each Project s scope. The items listed are illustrative only and are not intended to direct you in determining the scope of your Project, but merely to let you know the level of detail preferred. 90

92 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM SAMPLE COST ESTIMATE (Line items listed are for sample purposes only. Applicant should use line items that most accurately reflect the backup documentation to be provided at close out.) Project Name: Applicant: # CONSTRUCTION COSTS AMOUNT 1 Land Acquisition $ 2 Bid Items (Provide separate lines for each bid item.) $ 3 Materials $ 4 In-house Labor $ 5 In-house Equipment $ 6 Rental Equipment $ 7 Construction Support $ SUBTOTAL $ PRE-CONSTRUCTION COSTS (20% Grant Limit) AMOUNT 8 Consultants $ 9 In-house Staff Time $ 10 Title & Escrow Fees $ 11 Permit Fees $ 12 Pre-Construction Match $ SUBTOTAL $ GRAND TOTAL $ FUNDING SOURCES AMOUNT WW Grant $ Other Funds $ $ GRAND TOTAL $ 91

93 APPENDIX F CEQA Certification Form Please use most recent form by following the link below: 92

94 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Compliance Certification Form Applicant: Project Name: Project Address: When was CEQA analysis filed for this project? Date: What document(s) was filed for this project s CEQA analysis: (check all that apply) Initial Study Categorical Exemption Negative Declaration Mitgated Negative Declaration Environmental Impact Report Other Please attach the Notice of Exemption or the Notice of Determination as appropriate stamped by the county clerk. Lead Agency CEQA Contact Information: Agency Name: Contact Person Street Address City, State, Zip Code Phone: Certification: I hereby certify that the Lead Agency listed above has determined that it has complied with the California Environmental Quality Act (CEQA) for the project identified above and that the project is described in adequate and sufficient detail to allow the project s construction or acquisition. I certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds. Certification Submitted by Title Date 93

95 APPENDIX G Payment Request Form Submit form electronically in Excel format Please use most recent form by following the link below: 94

96 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM PAYMENT REQUEST FORM 1. PROJECT TITLE 2. CONTRACT NUMBER 3. APPLICANT 4. PAYMENT REQUEST NUMBER 5. PAYMENT INFORMATION a. Grant Project Amount $ b. Funds Received To Date $ c. Available (a. minus b.) $ $0.00 d. Amount of This Request $ e. Remaining Funds After This Payment (c. minus d.) $ $ SEND PAYMENT TO: AGENCY NAME STREET ADDRESS CITY/STATE/ZIP CODE ATTENTION 7. I represent and warrant that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge. CERTIFIED AND SUBMITTED BY TITLE DATE FOR EAST BAY REGIONAL PARK DISTRICT USE ONLY PAYMENT APPROVAL DATE 95

97 APPENDIX H Project Cost Summary Forms Submit forms electronically in Excel format Please use most recent forms by following the link below: 96

98 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM IN-HOUSE LABOR COSTS SUMMARY FORM Applicant: Project Amount: Project Name: Contract Number: Payment Request Number: (20% Max.) Unit Performing Amount Amount Pre- Name Work Pay Date Description Construction Construction Match Subtotal $0.00 $0.00 $

99 Project Amount: Contract Number: Payment Request Number: Type of Equipment Caltrans Code East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM IN-HOUSE EQUIPMENT COSTS SUMMARY FORM Dates Used Applicant: Project Name: Hours Used Rate Amount Construction (20% Max.) Amount Pre- Construction Match Subtotal $0.00 $0.00 $

100 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM PROJECT COSTS SUMMARY FORM Applicant: Project Amount: Contract Number: Project Name: Payment Request: (Max. 20 %) Amount Amount Pre- Check Number Date Recipient Description Construction Construction Match Subtotal $0.00 $0.00 $0.00 Subtotal from Labor Costs Summary Form (if applicable) $0.00 $0.00 $0.00 Subtotal from Equipment Costs Summary Form (if applicable) $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 Grand Total $0.00 $0.00 $

101 APPENDIX I Project Status Report Form Submit form electronically in Excel format Please use most recent form by following the link below: 100

102 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM PROJECT STATUS REPORT Agency: Contract Number: Date Report Submitted: Contract Amount: Ending Date: June 30th, report due July 31st December 31st, report due January 31st # Project Number Project Amount Project Name Approval Status to date Pre- Construction Expended to date Construction Match Expected Completion Date Subtotal $0.00 $0.00 $0.00 Total Expenditures to Date $0.00 $0.00 Unexpended Grant Amount $0.00 $0.00 Total Contract Amount $0.00 $

103 APPENDIX J Project Completion Package Please use most recent form by following the link below: 102

104 East Bay Regional Park District MEASURE WW URBAN CREEKS GRANT PROGRAM PROJECT CERTIFICATION FORM Grantee: Contract Number: Project Name: Contract Amount: Grantee Contact (for audit purposes): Name: Address: Phone: Required Documentation (unless previously provided) FOR ALL CONTRACTS LAND ACQUSITION Summary List of Bidders Appraisal Report Notce of Award by Governing Body Contract Agreement Final payment to contractor (cancelled checks) All Change Orders Final Escrow Closing Statement Grant deed or final agreement Title insurance policy (issued to participant) Cancelled checks Notice of Completion or Final Acceptance Submit Actual Final Budget for the Project, along with list of all additional sources of funding used on the project. Certification: I hereby certify that all grant funds were expended on the above named Project, that the Project is complete, and final payment has been made for all work done. I certify that no other payment was received for work funded by this grant. Certification Submitted by Title Date 103

105 APPENDIX K Program Sign Requirements 104

106 o Sign Dimensions: 24" x 16". o o o o o The District will provide the sign to Grantees. All Grantees are required to post the sign at the Project site. The sign must be available for the final inspection of the Project. Sign must remain installed for three years following final grant payment of the project. The District may modify its sign requirements to meet certain project location needs. 105

107 Page Left Blank Intentionally 106

108 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 m. Authorization to Apply for Cal Trans Mitigation Funding to Protect and Enhance Existing Habitat at Least Tern Island: Hayward Regional Shoreline Margulici/Graul/Auker) The General Manager recommends that the Board of Directors authorize an application for funds from Cal Trans for the Least Tern Island Enhancement at Hayward Regional Shoreline. REVENUE/COST This action proposes approval of an application of approximately $750,000 for Least Tern Island Enhancement at Hayward Regional Shoreline. BACKGROUND Cal Trans is required to create or enhance shorebird roosting habitat as a mitigation requirement of the San Francisco-Oakland Bay Bridge Seismic Safety Projects. The Least Tern Island Enhancement project could fulfill this mitigation requirement. The project will protect and enhance the Least Tern Island at Hayward Shoreline. Fondly known as Tern Town, this very special bird sanctuary is experiencing severe erosion and is in need of shoring up. The project involves dredging the channel, grading upland and placing approximately 250 tons of rock, gravel and fabric to halt erosion and enhance the existing habitat. Based on a review of the nesting densities of other California Least Tern colonies State-wide, the District s colony may have the highest density of all West Coast sites, averaging nests per hectare with an upward range of 787 nets per hectare. The cost of protecting and enhancement the Least Tern Island is estimated to cost between $600,000 - $750,000. As part of the request for funding, District staff and Cal Trans will develop cost estimates to determine the final funding amount. ALTERNATIVES No alternatives are recommended. 107

109 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO APPLY FOR CAL TRANS MITIGATION FUNDING TO PROTECT AN ENHANCE EXISTNG HABITAT AT LEAST TERN ISLAND: HAYWARD REGIONAL SHORELINE WHEREAS, the East Bay Regional Park District is seeking funding to protect and enhance the Least Tern Island at Hayward Regional Shoreline; and WHEREAS, Cal Trans is required to provide shorebird roosting habitat as a mitigation requirement; and WHEREAS, the Least Tern Island Enhancement project could fulfill this mitigation requirement; and WHEREAS, District procedures require Board Approval for all funding applications; and 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 Cal Trans up to the maximum amount allowed under the program; 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 corresponding increase in appropriation for the amount stipulated in the contract, including interest. Moved by Director, seconded by Director, and approved this 21st day of March, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 108

110 Planning/GIS Services LEAST TERN ISLAND HAYWARD REGIONAL SHORELINE HAYWARD, ALAMEDA COUNTY, CALIFORNIA ± Feet ,000 HAYWARD SHORELINE POND 3B COGSWELL MARSH (Restricted Area) POND 3A Least Tern & Snowy Plover Colony Island #5 H.A.R.D. MARSH Hwy 92 VICINITY MAP SALT MARSH HARVEST MOUSE PRESERVE 109 POND 2B POND 2A POND 1 O:\GIS\CMcKaskey\Projects_2017\ASD\Grants\BrdMtg\LeastTern\HS_ BrdMtg.mxd Date: 3/8/2017

111 ACQUISITION STEWARDSHIP DEVELOPMENT

112 C. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION RECOMMENDATION a. Authorization to Exercise the Option, Purchase and Sale Agreement and Accept, Transfer and Appropriate Funds for the Acquisition in Partnership with the East Contra Costa County Habitat Conservancy of 80± Acres of Real Property from Ricci Joseph Campos, Michelle Campos, and David Fitzpatrick: Byron Vernal Pools Regional Preserve (Musbach/Nisbet) The General Manager recommends that the Board of Directors authorize staff to exercise the option, purchase and sale agreement (Agreement) with Ricci Joseph Campos, Michelle Campos, and David Fitzpatrick (Sellers), and transfer and appropriate funds for the purchase of their 80± acre property located in an unincorporated area of Contra Costa County, east of Byron Vernal Pools Regional Preserve. REVENUE/COST The property may be acquired for a total of $520,000, a price based on its appraised fair market value, plus acquisition costs as described below. Pursuant to the Agreement approved by the Board of Directors on December 6, 2016, by Resolution No , an option payment of $20,000 has been deposited into escrow and credited towards the purchase price. Per the Agreement, after completion of the Park District s due diligence and satisfaction of specified conditions precedent, $10,000 of the option payment was released to the Sellers from escrow on March 1, This early release option payment is applicable toward the purchase price and nonrefundable to the Park District. Close of escrow is anticipated to be on or before May 15, This property will be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy) with 90 percent of the purchase price requested from Federal Section 6 funds and State Proposition 84 funds administered by the Conservancy and awarded through the California Wildlife Conservation Board (WCB). This action authorizes the acceptance and appropriation of said grant funds, as well as the transfer and appropriation of funds provided 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, 110

113 2012. The funds are to be used for conservation projects benefitting bird and bat species and were credited to other than asset project account LNEC. The remainder of funding for related acquisition expenses is proposed to come from Measure WW acquisition funds for the Byron Vernal Pools allocation area. SOURCE OF FUNDS Conservancy/State Proposition 84 Land Acquisition Grant $226,200 Conservancy/Federal Section 6 Land Acquisition Grant 241,800 NextEra Conservation Funds (OTA 50900LNEC) 32,000 Designated Acquisitions Measure WW Undesignated (CIP WW00) 114,285 Total Current Appropriation $614,285 USE OF FUNDS Fitzpatrick-Campos/Byron Vernal Pools Acquisition (CIP ): Balance of Purchase Price $500,000 Title and Escrow 3,000 Staff Time 10,000 Pump Inspection 410 Fitzpatrick-Campos/Byron Vernal Pools Safety and Security (CIP ): Fencing $36,500 Gates 4,375 Well Restoration 12,000 Water Distribution & Storage 22,000 Concrete Slab Removal & Restoration 21,000 IPM 5,000 Total Current Costs $614,285 Previously Appropriated for Preliminary Acquisition Expenses $51,100 Total Project Cost $665,385 BACKGROUND On April 21, 2015, by its Resolution No , the Board of Directors authorized staff to begin negotiations with the Sellers for the acquisition of their 80± acre real property. The property is located on Armstrong Road in an unincorporated area of Contra Costa County, south of Byron, CA in what is known as the Vasco Corridor. The property is comprised of one rectangular-shaped parcel, APN On December 6, 2016, by its Resolution No , the Board of Directors authorized staff to enter into an option, purchase and sale agreement with the Sellers and appropriated $51,100 for an option payment of $20,000 to be credited toward the purchase price, a Phase I environmental assessment, and other associated project costs. The subject property is proximate but not adjacent to Byron Vernal Pools Regional Preserve which lies to the west, and is surrounded by conservation easement areas to the north and east. The Property has rolling topography, with several level areas. The soils located on the 111

114 property include Altamont Clay, Fontana-Altamont complex, Rincon Clay loam, and San Ysrido loam. The site's market area is delineated by Camino Diablo to the north, Byron Highway to the east, Altamont Pass Road to the south, and the Los Vaqueros Reservoir to the west. The area is primarily characterized by open space, rural residences, and unimproved agricultural land. The site is accessed from Armstrong Road, which is a public right of way. The only utilities on the property are a private well and electricity on overhead power lines. The well is not currently operational. 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 inside of the Contra Costa County Urban Limit Line. The East Contra Costa County Habitat Conservation Plan designates the property as a 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 development of the site. In addition to the 90 percent grant funding for the purchase price, the Conservancy also has agreed to pay 50 percent of the $42,000 estimated cost to remove concrete pads that are currently located on the property in order to restore the landscape to its natural condition, and assist the District in addressing related safety issues. This acquisition would also serve to extend the easternmost reach of Byron Vernal Pools Regional Preserve. An Acquisition Evaluation (AE), attached to this report, was 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 purposes as part of this second Board action. The AE concludes that acquisition of the subject Property implements goals of the Master Plan by virtue of its potential significant natural resources; its connectivity to the Vasco area's wildlife corridor and conservation easements; as well as the opportunity to leverage WW bond money with other funding sources. The AE also recommends the transfer and appropriation of $100,875 in WW bond money to make the property safe and secure upon close of escrow by allowing for the implementation of a grazing program over the Property consistent with District practices and boundaries. ALTERNATIVES No alternatives are recommended. 112

115 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO EXERCISE THE OPTION, PURCHASE AND SALE AGREEMENT AND ACCEPT, TRANSFER AND APPROPRIATE FUNDS FOR THE ACQUISITION IN PARTNERSHIP WITH THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY OF 80± ACRES OF REAL PROPERTY FROM RICCI JOSEPH CAMPOS, MICHELLE CAMPOS, AND DAVID FITZPATRICK: BYRON VERNAL POOLS REGIONAL PRESERVE WHEREAS, on April 21, 2015, by its Resolution No , the Board of Directors authorized staff to begin negotiations with the Ricci Joseph Campos, Michelle Campos, and David Fitzpatrick (Sellers) for the acquisition of their 80± acre real property (Property), APN , located on Armstrong Road in an unincorporated area of Contra Costa County, south of the City of Byron, CA; and WHEREAS, on December 6, 2016, by its Resolution No , the Board of Directors authorized staff to enter into an option, purchase and sale agreement with the Sellers for the acquisition of the subject property, whereby the Board of Directors appropriated $51,100 for an option payment of $20,000 to be credited toward the purchase price and associated project costs; and WHEREAS, the subject property may be acquired on or before May 15, 2017 for $520,000, based on its appraised fair market value; and WHEREAS, the property is proposed to be acquired in partnership with the East Contra Costa County Habitat Conservancy (Conservancy), which is providing the Park District with Federal Section 6 grant funds totaling $241,800 and State Proposition 84 monies totaling $226,200 awarded by the California Wildlife Conservation Board (WCB); and WHEREAS, to fund the remaining purchase price this Board action authorizes use of an additional $32,000 provided by various wind farms collectively known as NextEra via a Memorandum of Understanding approved by Board Resolution No 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, in order to qualify for the Conservancy grant funding sources, the District will be required to enter into funding agreements necessary to secure Federal Section 6 and State Proposition 84 monies from the Conservancy and WCB; and 113

116 WHEREAS, the proposed sources of funding will require that the subject property be held and used for conservation purposes and not be sold, transferred or used as security for any debt without the written consent of the Conservancy as memorialized in a separate funding agreement; and WHEREAS, under the above funding agreement, the District will be required to undertake all of the long-term management responsibility for the property; and WHEREAS, acquisition of this property aids in important resource protection goals by maintaining open space; protecting special-status species habitat; and extending a wildlife corridor; and WHEREAS, under CEQA and the District s Environmental Review Manual, this project is Categorically Exempt and therefore not subject to preparation and processing of environmental documentation; and WHEREAS, the District would like to acknowledge the Conservancy for their commitment to pay 50 percent of the estimated $42,000 cost to remove concrete pads currently located on the property; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to exercise the Agreement with the Sellers for acquisition of the 80± acre subject property for a purchase price of $520,000; and BE IT FURTHER RESOLVED, that the Board authorizes the General Manager to execute funding agreements necessary to secure Federal Section 6 and State Proposition 84 monies from the Conservancy and WCB; and BE IT FURTHER RESOLVED that the Board of Directors hereby authorizes the acceptance and appropriation of $241,800 in Federal Section 6 grant funding and $226,200 in State Proposition 84 grant funding from the WCB through the Conservancy to capital acquisition project account Fitzpatrick-Campos/Byron Vernal Pools Acquisition (CIP ) as shown on the attached Budget Change form, to fund 90 percent of the purchase price; and BE IT FURTHER RESOLVED, that the Board authorizes the transfer and appropriation of $32,000 from other than asset project account NextEra Conservation Funds (CIP LNEC) and $114,285 from Designated Acquisitions Measure WW - Undesignated (CIP WW00), utilizing acquisition funds for the Byron Vernal Pools allocation area, to capital acquisition project accounts Fitzpatrick-Campos/Byron Vernal Pools Acquisition (CIP ) and Fitzpatrick-Campos/Byron Vernal Pools Safety and Security (244201), as shown on the attached Budget Change form, to fund the remaining purchase price and acquisition related expenses; and 114

117 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 21 st day of March 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 115

118 ACQUISITION EVALUATION Byron Vernal Pools Regional Preserve Campos Property 80± acres APN: (Contra Costa County) Site Description: The Campos property consists of one 80-acre parcel located in unincorporated Contra Costa County southwest of the unincorporated community of Byron. The property is bordered by farmland to the west and south and by the Byron Airport conservation easement area to the east and north. The property is bordered by Armstrong Road to the west. Legal access to the site is provided off of Armstrong Road via a cattle gate. There is a gravel driveway that provides access to a broad flat area located approximately 800 feet from Armstrong Road. Structures on site are limited to large concrete pads, cattle troughs, a USGS monitoring station, a small well and a wooden cross with fencing surrounding it. The only ranch road on the property is the main driveway from the gate on Armstrong Road to the broad flat area where the concrete pads are located. The road is graded and in good condition. The property is located in the vicinity of Byron Vernal Pools Regional Preserve but is not directly adjacent to existing District properties. The Regional Preserve is currently under landbank status and not open to the public. The Campos acquisition will contribute to the protection of significant habitat across the Regional Preserve. Byron Vernal Pools Regional Preserve is directly connected to Vasco Hills and Vasco Caves Regional Preserves to the north and west. Together, these three parks represent a total of approximately 5,000 acres, forming a wildlife habitat and recreational corridor throughout the Vasco Road area. The Campos property is currently grazed by a neighboring rancher whose cattle graze adjacent properties via an informal agreement with the property owner. The property is fenced along all four boundaries but the fencing is in poor condition and will need to be improved. There is minimal grazing infrastructure and no water for the cattle on the property. The current grazer pipes in water from an adjacent parcel to the existing water troughs. There is an existing well on the property that was tested by Dejesus Pump and Well Drilling in February Test results indicated the well will produce sufficient water for grazing purposes. After acquisition District staff plans to restore and rehabilitate the well. The Campos property is located within the jurisdiction of Contra Costa County. It has a General Plan designation of AL, Agricultural Lands and is zoned as A-2 with a minimum 5-acre lot size. The property is located in the Byron Airport influence area and has portions in a B1 and B2 Zone. Land in the B1 Zone does not allow new residential development; land within the B2 Zone allows limited residential development. The property is located inside the Urban Limit Line and within a high priority acquisition subzone of the East Contra Costa County Habitat Conservation Plan. 116

119 Natural and Cultural Resources: The topography of the property is predominately rolling to moderately sloping, with two minor hills located in the western half of the parcel separated by the broad flat area where the concrete pads are located. In an effort to restore the grasslands to their natural condition, the East Contra Costa County Habitat Conservancy has agreed to pay 50 percent of the estimated $42,000 cost to remove the concrete pads. Elevations range from 90 to 190 feet above sea level. The property is located within the Brushy Creek watershed but does not contain any channels, wetlands or ponds. However, acquisition of the property will increase protected lands within this watershed. The Campos property contains a mixture of annual grasslands and the potential for alkalidependent plants. Grassland is the predominant vegetation across the subject property with no significant population of perennial invasive plants observed at the time of the site visit. It was too early in the season to identify the presence of annual invasive plant species. The property is located in an area that has an exceptionally high occurrence of rare and listed plant species. The Campos acquisition will contribute to the protection of significant habitat in the Vasco Hills and Byron Vernal Pools vicinity. The Campos acquisition will help protect key habitat and a movement corridor for the San Joaquin Kit Fox. The property also provides suitable habitat for raptors, California tiger salamander, California red-legged frog, golden eagle, tricolor blackbird, western burrowing owl and alkali-dependent covered plants. Rock outcroppings on the property s ridgelines create habitat for grounds squirrels and small carnivores. Many active ground squirrel colonies were observed by District staff and potential western burrowing owl habitat was present though no owls were observed. No cultural resources studies have been completed on the property. No historic structures have been identified on the property. Planning Issues: Master Plan: This acquisition will be an addition to existing parkland and is therefore consistent with the Master Plan 2013 Regional Parkland and Trail Map as amended in July of Land Use Planning: This acquisition will become an addition to Byron Vernal Pools Regional Preserve. No Land Use Plan has been completed for the Byron Vernal Pools Regional Preserve. The Campos property will need to be included in any future Land Use Plan prior to being taken off the land bank list. CEQA Compliance: This acquisition is exempt from CEQA requirements under both Sections and of the State CEQA Guidelines, the transfer of ownership of the land 117

120 to preserve open space; and Section 15304, minor alterations of land with respect to grazing activities. Public Safety: Police: The property is within the unincorporated area of Contra Costa County. The property will not be open to the public and will require minimal time to patrol by officers on the ground and air. An Aries check of the area and closest address (10000 Armstrong Road) did not show any calls for service in the last three years. A Spillman search for the last three years showed approximately 32 law incidents from Vasco Caves and zero law incidents from Byron Vernal Pools. The majority of these incidents occurred by the historic caves and wind turbines. There were two calls for service (# Dangerous Weapons and # Promiscuous Shooting) on the Souza 3 property, which is the closest parcel to the Campos acquisition. Both of these calls were believed to involve neighbors that lived on Armstrong Road, and Public Safety believes that the Campos property would have similar, albeit sporadic, incidents. There are no known hazardous materials on the property. There are several concrete pads that staff recommend be removed. The site also contains a six-inch well that would need to be covered or filled if it is not rehabilitated and used for grazing purposes. Staff is aware of the well and had it inspected during the site visit. The site also contains a large cross atop a small hill. The cross significance is unknown by staff and they are working with the owner to determine its significance. During the site visit it was mentioned that if the cross was to be removed, it should be removed prior to the District taking possession of the property. If the cross is not removed it may become an attraction or destination for members of the public. There is no current direct access to surrounding District property. Police Recommendations: Cover or secure the listed well. District gate and locks should be installed to prevent unauthorized access. Park signs should be erected so the property will be clearly identifiable for jurisdictional purposes. Ordinance 38 signage should be posted at Armstrong Road access for education and enforcement purposes. Future land use planning and facility development will evaluate potential public safety impacts necessary to assess staffing impacts. Fire: The 80-acre Campos property is rated by the State of California as a High Fire Hazard Severity Level and classified as State Responsibility Area (SRA) for fire protection; they are within the State s Direct Protection Area (CAL FIRE 2007). The other properties in the planning area are also classified as a High Fire Hazard Severity Level but classified as Local 118

121 Responsibility Area (LRA), under the jurisdiction of East Contra Costa County Fire Protection District (ECCCFPD), which provides fire and emergency services within the unincorporated community of Byron and surrounding areas. In the event of a large wildland fire, additional fire resources would be available from the California Department of Forestry and Fire Protection s (CAL FIRE) Station 16, known as the Sunshine Station, located on Marsh Creek Road near the City of Clayton. Mutual aid by the Contra Costa Fire Protection District could also be dispatched. Depending on the magnitude of the fire, CAL FIRE crews, dozers, air resources, supervisory overhead and additional engines could also be dispatched. District engines, water tender and helicopter resources when available, as well as overhead personnel, would respond. Response time of the District s helicopter is estimated at 20 minutes and longer for ground resources. Regional Park District ground resources would likely be dispatched from the closest staffed station, Station 1 (staffed), in Tilden Regional Park; Station 8 in Contra Loma Regional Park is nearby but not staffed. This particular parcel is heavily grazed but has been subject to a history of wind-driven fires within the Vasco corridor, which typically results in the use of multiple resources to perform structure protection, animal and life safety for ranch and farmland assets. The parcel is located within the State's "High" Fire Hazard Severity Zone. It is likely that a wildland fire would be fast moving and of high intensity and cause substantial damage to the natural resources and infrastructure improvements. Hazardous materials response and fire prevention is the responsibility of the District. District records document that over a recent three-year period, Black Diamond Mines Regional Preserve had (6) six hazardous materials incidents. This average of more than one per year is a Moderate occurrence, compared with other District parks. One could expect a similar level of occurrence in this new addition. In a recent three-year period, District records and ECCFPD records indicate there were (22) twenty-two medical incidents in Round Valley/Vasco area. This is a moderate level of occurrence when compared with other District parks, and could characterize medical response activity in the new parcel as well. However, considering that medical emergencies within this area have extended estimated time of arrival (ETA s) due to local jurisdiction priorities, the park s remoteness and geographical features greatly increase the golden hour of time, which is from the time a patient is traumatically injured until they receive definitive care. Fire Recommendations: At trailheads or other public access points, include public education information regarding fire risks, hazards, responsibilities and actions to minimize fire occurrence and losses. Continue to strengthen mutual aid relationships with Contra Costa County, neighboring fire departments and protection districts, as well as with the State of California's CAL FIRE to ensure adequate emergency response times. 119

122 Integrate wildland/urban interface fire considerations in land management planning as well as development project plans. Ensure an adequate level of fire and visitor safety protection capability is provided, commensurate with the increasing land base and wildland-urban interface requiring protection. Maintain strategic existing ranch roads to provide emergency vehicle access and emergency evacuation routes for park visitors. Support the local fire protection jurisdiction in their enforcement of hazard mitigation and annual defensible space clearances in compliance with State PRC Work cooperatively with local property owners and authorities to maintain roads that provide emergency vehicle ingress and egress, as well as evacuation routes for park users. Cooperate with county and state fire agencies to ensure neighbors and the visiting public are aware of the risks, hazards, responsibilities and defensible space requirements to minimize fire losses in the wildland-urban interface. Acquisition Criteria: This property: Implements the adopted Park District Master Plan. Presents an acquisition opportunity. Helps maintain an equitable parkland distribution of facilities and programs throughout the District. Possesses significant natural resource habitat. Helps complete existing parks and protects wildlife corridors and the visual integrity in an existing park. Integrates lands acquired in partnership with the East Contra Costa County Habitat Conservancy into the regular park system. Qualifies for grants and funds from other sources. Recommendation for Land Bank Status: Yes X No The property is not located within an area covered by an approved Land Use Plan. The property can be removed from Land Bank Status at such a time that a Land Use Plan for Vasco Hills Regional Park is approved. Site Cost Estimate: Acquisition Estimate: $ 520,000 Safety and Security Estimate: $ 100,875 Fencing $ 36,500 Gates $ 4,375 Well Restoration $ 12,000 Water Distribution & Storage $ 22,000 Concrete Slab Removal & Restoration $ 21,000 IPM $ 5,

123 Maintenance and Operational Estimate (annual): $ 7,210 1 Total Five-Year Projection: $ 36,052 Timing: Close of escrow is anticipated to be on or before May 15, Estimate is based upon the annual Land Base Operating Cost Methodology. 3/15/20173/10/2017 N. Lavalle 121

124 BYRON VERNAL POOLS REGIONAL PRESERVE Property: Campos Family Living Trust and David Fitzpatrick East Bay 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 Campos 80 acres approx. BYRON VERNAL POOLS Contra Costa County Conservation Easement Location Map 122 O:\GIS\MPeterson\Projects_2017\ASD\Land\BoardMaps\BV_Campos\BV_Campos_Vicinity.mxd Date: 3/6/2017 VASCO HILLS

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126 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM X NEW APPROPRIATIONS Appropriate from General Fund From New Revenues X X BUDGET TRANSFERS Between Projects Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools- Fitzpatrick-Campos Property-Habitat Conservancy Funding-Purchase Price AMOUNT Account Name: Expense: Capital Project- Land Acquisition-District Wide- Designated Acquisitions-Measure WW Undesignated-Acquisition Account: / LNEC-009 Account Name: Expense: Capital Project- Land Acquisition-District Wide- Designated Acquisitions-Measure WW Undesignated-Acquisition Account: / LHCP-101 $ 226,200 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools- Fitzpatrick-Campos Property-Federal Habitat Conservancy Funding-Purchase Price Account: / LHCF-101 $ 241,800 Account Name: Expense: Capital- Acquisition - Leona Open Space- Ridgemont Project -Measure WW Leona Open Space Acquisition Allocation Area- Purchase Price Account: / $ 32,000 LNEC-101 $ 32,000 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools- Fitzpatrick-Campos Property-Next Era Conservancy Funds-Purchase Price Account: / WW Account: / $ 114,285 WP $ 13,410 Account Name: Expense: Capital-Land Acquisition-Byron Vernal Pools- Fitzpatrick-Campos Property-Next Era Conservancy Funds-Safety and Security Account Name: TRANSFER OUT: Other Than Asset Fund-Non-Departmental- District Wide-Transfer Out Account: / WP TRANSFER BETWEEN FUNDS Account Name: TRANSFER IN: Capital Fund-Non Departmental-District Wide- Transfer In $ 100,875 Account: $ 32,000 Account: $ 32,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March 21, 2017 the General Manager recommends that the Board of Directors authorize transfer and appropriation of $32,000 Next Era Conservation funds from project , the appropriation of $226,200 Habitat Conservancy Funds and $241,800 Federal Habitat Conservancy Funds as well as $114,285 Measure WW funds from the Byron Vernal Pools Acquisition allocation area, to augment the existing budget of $51,100 in acquisition project to proceed with an option, purchase, sale agreement and safety and security phase for the Fitzpatrick-Campos property. Posted by: Signature As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/21/ T:\BOARDCLK\BOARD MATERIAL\2017\5 - March 21, 2017\S DRIVE\C-2-a ASD OPEN Fitzpatrick-Campos Byron Vernal Pools.xlsx 124

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128 C. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION RECOMMENDATION b. Authorization to Appropriate Funds and Award a Contract to Drill Tech Drilling and Shoring, Inc. for Emergency Landslide Repair: Del Valle Regional Park (Gilchrist/Auker/Nisbet) The General Manager recommends that the Board of Directors: 1. Authorize the appropriation of $500,000 from General Funds to the Repair Dog Run Trail Project (#524500); and 2. Authorize the award of a contract in the amount of $398,500 to Drill Tech Drilling and Shoring, Inc. (Drill Tech) of Antioch, California, for emergency landslide repair on the Dog Run section of the East Shore Trail at Del Valle Regional Park. REVENUE/COST This action proposes an appropriation of $500,000, as shown below, for the purpose of funding emergency landslide repair. At this time, it is unknown whether or not the Federal Emergency Management Agency (FEMA) will fund all or part of this repair. The California Governor s Office of Emergency Services and FEMA are in the process of reviewing 2017 storm damage recovery projects, and will likely approve many of them within the next twelve months. If approved by FEMA for funding, staff will return to the Board to request that funds be returned to the General Fund. SOURCE OF FUNDS Transfer and appropriate from: General Fund Balance ( ) To new project: Repair Dog Run Trail (#524500) $ 500,000 Available Project Balance $ 500,000 USE OF FUNDS Contract with Drill Tech $ 398,

129 Contract Contingency (15%) 59,775 Other Project Costs 41,725 Project Total $ 500,000 BACKGROUND In late January 2017, a landslide occurred along the Dog Run section of the East Shore Trail, located close to the Lake Del Valle boat launching facilities. The landslide was most likely initiated by the high flood water level in the lake. In late February 2017, the size of the slide doubled during another flood event. The PG&E electrical power for the raw water pumps is buried in very close proximity to this slide and is in danger. There is an imminent threat of damage to this high voltage power line and, if damaged by the enlarging landslide, the park will not be able to produce potable water and will result in a long term closure to the public. In addition, the increasing landslide will soon prevent access to the popular East Shore Trail and could damage the raw water piping that was replaced in Repair work will all be located out of the water and above the normal water level of the lake, so the District is not seeking regulatory permits. This project is an emergency. The District did not solicit bids because preparation of a design and specifications and competitive bidding would delay the project up to three to six months. Drill Tech was contacted directly based on their repair of an adjacent landslide in late They prepared the shop drawings and performed the repair work for the 2015 landslide. The conditions are identical, so the contractor knows how to handle repair without performing the additional investigation and design that unfamiliar contractors would need to do. This firm is highly qualified with Civil and Geotechnical Engineers on staff, and specialized drilling equipment to access difficult sites. The cost proposal that Drill Tech prepared is reasonable, and soliciting bids would not produce significant savings. The contractor is prepared to start work as soon as the contract is signed. District Legal Counsel has approved sole sourcing this emergency contract. Pursuant to the Public Contract Code and as set forth in the attached Resolution, the Board must first make a finding that there is substantial evidence that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency. Then, by a four-fifths vote, the Board may award of the contract to Drill-Tech for the emergency landslide repairs. ALTERNATIVES No alternatives are recommended. 127

130 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO APPROPRIATE FUNDS AND AWARD A CONTRACT TO DRILL TECH DRILLING AND SHORING, INC. FOR EMERGENCY LANDSLIDE REPAIR: DEL VALLE REGIONAL PARK WHEREAS, the East Bay Regional Park District (District) desires to repair the landslide that occurred in early 2017 along the Dog Run section of the East Shore Trail at Lake Del Valle; and WHEREAS, the landslide is an imminent threat to the utilities that provide potable water to Del Valle Regional Park; and WHEREAS, the need for repairs is an emergency to prevent further damage and longterm closure of the park to the public; and WHEREAS, the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency; and WHEREAS, Drill Tech Drilling and Shoring, Inc. (Drill Tech) of Antioch, CA has the expertise, resources, and recent experience that highly qualifies them to do this work immediately; and and WHEREAS, Drill Tech has provided a cost proposal that is acceptable to the District; WHEREAS, the Federal Emergency Management Agency (FEMA) is in the process of reviewing storm damage recovery projects related to the 2017 Storms, and may or may not approve funding for part or all of this project; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby finds by substantial evidence that there is an emergency due to the landslide along the Dog Run section of the East Shore Trail at Lake Del Valle that threatens the park s critical infrastructure; and that the emergency will not permit a delay resulting from a competitive solicitation for bids and action is necessary to respond to the emergency; and BE IT FURTHER RESOLVED, THAT THE Board of Directors of the East Bay Regional Park District hereby awards a contract to Drill Tech Drilling and Shoring, Inc., in the amount $398,500; and BE IT FURTHER RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the appropriation of $500,000 from the General Fund to the Repair Dog Run Trail Project (#524500); and 128

131 BE IT FURTHER RESOLVED, that if any of these repairs are approved by FEMA for funding, staff will return to the Board to request that funds be returned to the General Fund; and BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and adopted this 21 st day of March, 2017, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 129

132 SCALE DRAWING NO. SHEET NO. AS NOTED DOG RUN TRAIL EMERGENCY LANDSLIDE REPAIR DEL VALLE REGIONAL PARK LIVERMORE, CA PROJECT NO CONTRACT NO DATE 03/03/ OF 1 EAST BAY REGIONAL PARK DISTRICT

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134 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM X NEW APPROPRIATIONS Appropriate from General Fund From New Revenues X BUDGET TRANSFERS Between Projects Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT Account Name: Expense: Other Than Asset Fund-Design Dept- Del Valle- Construction-Repair Dog Run Trail- Contract Admin AMOUNT Account: / DS Account Name: Expense: Other Than Asset Fund-Design Dept- Del Valle- Construction-Repair Dog Run Trail- Contract Contract $ 40,000 Account Name: TRANSFER OUT: GeneralFund-Non-Departmental-District Wide-Transfer Out Account: / DS TRANSFER BETWEEN FUNDS Account Name: TRANSFER IN: Other Than Asset Fund-Non Departmental- District Wide-Transfer In $ 460,000 Account: $ 500,000 Account: $ 500,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March 21, 2017 the General Manager recommends that the Board of Directors authorize transfer and appropriation of $500,000 General Fund funding, to the project to Repair Dog Run Trail. The funding will pay for a contract with Drill Tech, for the emergency construction. Posted by: Signature As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/21/ T:\BOARDCLK\BOARD MATERIAL\2017\5 - March 21, 2017\S DRIVE\C-2-b ASD OPEN Repair Dog Run Trail - Del Valle.xlsx 132

135 FINANCE AND MANAGEMENT SERVICES

136 C. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, FINANCE & MANAGEMENT SERVICES DIVISION RECOMMENDATION a. Authorization to Appropriate General Funds for 2017 Storms Recovery: District-wide (Barrington/Auker/O Connor) The General Manager recommends that the Board of Directors authorize an appropriation of General Funds for the repair of damage that occurred during the 2017 Storms District-wide. REVENUE/COST This action proposed an appropriation of $500,000 in General Funds to project account (524400) for the repair of damage District-wide from the 2017 Storms. The California Governor s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA) are in the process of reviewing storm damage recovery projects and will likely approve many of them within the next twelve months. If approved by FEMA for funding, staff will return to the Board to request that funds be returned to the General Fund. BACKGROUND On February 14, 2017, President Donald Trump declared a major disaster for Contra Costa and Alameda Counties. Local governments, special districts, state agencies and certain non-profit organizations in the declared counties are therefore eligible to apply for Public Assistance Funds from FEMA. To date, the District has submitted damage reports to FEMA for 20 projects valued at over $3.7 million. Additional projects will be submitted to FEMA as details become available. These District funds are needed to continue the recovery pending FEMA s approval. In addition, appropriation of these funds will allow the District to track and audit expenses on this effort in future years making them eligible for FEMA funding and reimbursement. If the projects are approved by FEMA for funding, staff will return to the Board to request that funds will be returned to the General Fund. ALTERNATIVES No alternatives are recommended. 133

137 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 21, 2017 AUTHORIZATION TO APPROPRIATE GENERAL FUNDS FOR 2017 STORMS RECOVERY, DISTRICT-WIDE WHEREAS, as a result of the Presidential declaration of a major disaster in Contra Costa and Alameda Counties on February 14, 2014, government agencies may be eligible for federal assistance through the California Governor s Office of Emergency Services (Cal OES) from the Federal Emergency Management Agency (FEMA) for damages and costs related to the 2017 Storms ; and WHEREAS, to date, the District has submitted damage reports to FEMA for 20 projects valued at over $3.7 million and additional projects will be submitted to FEMA as details become available; and WHEREAS, FEMA is in the process of reviewing storm damage recovery projects and will likely approve many of them within the next twelve months; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby appropriates $500,000 from the General Fund for the repair of damage that occurred during the 2017 Storms District-wide to project number (524400) per the Budget Change Form attached hereto; and BE IT FURTHER RESOLVED, that if any of these repairs are approved by FEMA for funding, staff will return to the Board to request that these funds be returned to the General Fund; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed on behalf of the District and its name to execute and deliver such documents and do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director, and approved this 21 st day of March, 2017 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 134

138 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM X NEW APPROPRIATIONS Appropriate from General Fund From New Revenues X BUDGET TRANSFERS Between Projects Between Funds DECREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT Account Name: Expense: Other Than Asset Fund-MAST- District Wide- Construction-Repair 2017 Storm Damage- Design Project Management AMOUNT Account: / DS Account Name: Expense: Other Than Asset Fund-MAST- District Wide- Construction-Repair 2017 Storm Damage- Consultans Account: / DS Account Name: Expense: Other Than Asset Fund-MAST- District Wide- Construction-Repair 2017 Storm Damage- Construction Contract Admin $ 50,000 $ 50,000 Account: / DS $ 10,000 Account Name: Expense: Other Than Asset Fund-MAST- District Wide- Construction-Repair 2017 Storm Damage- Construction Contract Account Name: TRANSFER OUT: GeneralFund-Non-Departmental-District Wide-Transfer Out Account: / DS TRANSFER BETWEEN FUNDS Account Name: TRANSFER IN: Other Than Asset Fund-Non Departmental- District Wide-Transfer In $ 390,000 Account: $ 500,000 Account: $ 500,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March 21, 2017 the General Manager recommends that the Board of Directors authorize transfer and appropriation of $500,000 General Fund funding, to the project to Repair 2017 Storm Damage, District Wide. Posted by: Signature As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/21/ T:\BOARDCLK\BOARD MATERIAL\2017\5 - March 21, 2017\S DRIVE\C-3-a ASD OPEN Repair 2017 Storm Damage.xlsx 135

139 BOARD AND STAFF REPORTS

140 C. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT 4. BOARD AND STAFF REPORTS Tuesday, March 21, 2017 a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle) East Contra Costa County Habitat Conservancy Knightsen Wetland Restoration and Flood Protection Project On March 6, 2017, the East Contra Costa County Habitat Conservancy s Governing Board awarded a $240,000 contract to Environmental Science Associates for work on the Knightsen Wetland Restoration and Flood Protection Project. The awarded contract is for initial site specific assessments, planning and design of the project. The Knightsen Wetland Restoration and Flood Protection Project is located on the District s Delta Access Recreation Area s Nunn Property. The Nunn Property was acquired by the Park District in 2015 in partnership with the East Contra Costa County Habitat Conservancy. The project is a multi-objective effort on the 645-acre Nunn Property to attenuate flooding in the community of Knightsen, restore a mosaic of wetland and upland habitats for special status species, provide water quality benefits, and provide recreation and Delta access. This project is located between the District s Delta Access future regional park to the south, and Big Break Regional Shoreline to the north, where an additional restoration project, the Dutch Slough Restoration Project, is located adjacent to Big Break. 136

141 Date Day Time Event Location Sponsoring Organization Event Calendar March - April 2017 Board Meeting Date: March 21, /12/17 Sunday 11 a.m. 3 p.m. Johnny Appleseed Day Ardenwood EBRPD 3/18/17 Saturday 11 a.m. 3 p.m. Sheep Shearing Day Ardenwood EBRPD 3/18/17 Saturday 1:30 4:30 p.m. HPHP Multicultural Wellness Walk Coyote Hills EBRPD 4/1/17 Saturday 10 a.m. 5 p.m. Tartan Day Scottish Fair Ardenwood East Bay Scottish Association & EBRPD 4/1/17 Saturday 10 11:30 a.m. Healthy Parks Healthy People Bay Area Hike Coyote Hills EBRPD 4/9/17 Sunday 11 a.m. 4 p.m. Spring Wildflower Festival Sunol EBRPD 4/15/17 Saturday 9 a.m. members 10 a.m. 3 p.m. Spring Native Plant Sale Regional Parks Botanic Garden Friends of RPBG & EBRPD 4/22/17 Saturday 8:30 a.m. noon Earth Day Volunteer Projects Diablo Foothills, Point Pinole EBRPD 4/22/17 Saturday 8:30 a.m. 10:00 a.m. Beach Clean-up & Alameda Earth Day Fair Crab Cove & Washington Park EBRPD/ Alameda Rec & Parks

142 4/22/17 Saturday sunrise sunset TBA 4/23/17 Sunday 1 p.m. (various) Wellness Walks: National Parks Prescription Day Wildlife Volunteers: Bird-a-thon EBRPD & Audubon Society Chapters Ardenwood, Tilden Nature Area, Coyote Hills, Crown Beach, Big Break, Black Diamond, Sunol EBRPD 138

143 GM COMMENTS

144 C. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, GENERAL MANAGER S COMMENTS STAFF PRESENTATION Operations Division staff will present on the Sunol Bat Exclusion Project at the Old Green Barn Visitor s Center, which was completed in Operations and Stewardship staff collaborated on a plan to extract and relocate the four species of bats roosting in the visitor center. GM COMMENTS From January 21 to February 27, 2017 the Public Safety Division handled 891 service calls and 614 total incidents. Highlights are included below. Police There were 31 arrests made throughout the District for a variety of felony and misdemeanor offenses, including DUI, weapons possession, drug possession, violation of court restraining orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 459 citations for Ordinance 38, vehicle code, and parking violations. Officers handled 293 field interviews (contacts without citations or arrests) and contacted 14 people on probation or parole to conduct compliance checks. Antioch Shoreline: On February 10, a person was arrested for carrying a loaded firearm in a vehicle. Bay Point: On January 24, a person was arrested for mail theft and an outstanding warrant. Big Break: On January 28, Public Safety staff participated in a youth job fair with demonstrations highlighting the Mounted and Air Support units. Crown Beach: On January 31, a subject was arrested for public intoxication. Garin: On February 16, a sergeant arrested a subject for possession of a controlled substance and a loaded handgun. 139

145 Hayward Shoreline: On February 18, an officer, medical personnel, and park staff responded to a bicycle accident. The victim was transported to a hospital for further treatment. Iron Horse Trail in Concord: On February 14, a slingshot was confiscated and the carrier was cited. Martin Luther King Jr. Shoreline: On January 22, an officer arrested a male for possession of a billy club baton in the park. On January 26, a subject was transported to a hospital for mental health evaluation. On January 27, a person was arrested for a curfew violation. Martinez Shoreline: On February 14, a subject was arrested for possession of marijuana for sale. McLaughlin Eastshore State Park: On February 12, a subject was arrested for failing to register as a sex offender and was issued a stay away order from the park. Miller Knox: On February 13, a person was arrested for public intoxication. On February 21, an officer cited a subject for drinking in the park. Mission Peak: On January 21 officers assisted the City of Fremont with parking enforcement. To date, Public Safety has assisted Fremont with parking enforcement 32 times this year. Orinda: On January 22, an officer arrested a male for driving under the influence on San Pablo Dam Road. Point Pinole: On February 15, detectives responded to the report of a sexual assault of a minor. A suspect has been arrested and the investigation is ongoing. Tilden: On January 28, a subject was arrested for domestic violence that occurred in the parking lot. Trudeau Training Center: On January 21, staff participated in a youth job fair highlighting career options, and providing interactive demonstrations on evidence collection. Wildcat Canyon: On January 27, a subject was arrested for assault, criminal threats, and false imprisonment. 140

146 Fire Operations Anthony Chabot: On February 15, firefighters removed ten downed trees blocking Brandon Trail. Camino Pablo Watershed: On January 29, firefighters responded to a report of a deceased person in the Camino Pablo Watershed area. Due to the muddy trails, firefighters responded in a Rescue Gator (off-road rescue vehicle). A deceased male was located in a tent on Cal-Trans property adjacent to Highway 24. Iron Horse Trail: On February 11, firefighters responded to a report of a tree across the Iron Horse trail. They removed the tree and reopened the trail. Lake Chabot: Redwood Canyon Golf Course: On February 7, District Firefighters, Alameda County Fire, and Police responded to a report of park users trapped in a staging area due to extreme flooding across the road. District Firefighters along with Alameda County Fire assisted the park users to move from the staging area to a safe location. Sibley: On February 1, firefighters using chainsaws, pole saws, and hand tools, removed downed trees blocking the service road leading to the radio towers. Tilden: On January 30, firefighters extinguished an unattended campfire. On February 5, firefighters responded to a report of a tree across Grizzly Peak Blvd. Once on scene it was determined that the tree was on UC Berkeley property. With assistance of an emergency tree service company, firefighters removed the tree that was blocking road access in both directions. Training From January 23 27, new Industrial Firefighters participated in one week of fire training. The training included a three-day Low Angle Rope Rescue class instructed at no cost by the Alameda County Fire Department, and a one day course in Ladder and Chainsaw Operations instructed by District staff. From February 6 10, new Industrial Firefighters participated in the final week of the Fire Academy. The training included a two-day Structure Fire Control course, and a threeday Auto Extrication course. Medical Firefighters responded to two personal injuries, one bicycle accident, and one medical emergency throughout the District. Fire personnel also assisted at the scene of two motor vehicle accidents that were not on District property. Fire Fuels Management Diablo Foothills: On February 14, firefighters conducted a burning project of piles created by park staff during the 2016 season. 141

147 East Contra Costa County Trails: On February 21, firefighters conducted a burn of piles created by park staff during the 2016 season. Tilden: From January 23 27, firefighters continued Phase II of the Tilden Park Nimitz Way Fuels Reduction project. This includes burning gathered eucalyptus bark and branch piles and removing new growth tree suckers from the fuel break. Lifeguard Service On January 21, staff participated in a youth job fair at the Trudeau Training Center. On January 28, staff participated in a youth job fair at the Big Break Visitor Center. On February 6, staff received a donation of 200 lifejackets from the Recreation Department to support the Vamos a Aprender (we want to learn) water safety education program. On February 11, staff along with the Recreation Department, and Hayward Area Recreation District aquatics completed a six-week session of swim lessons for twenty two participants at the Hayward Plunge for Palma Ceia Baptist Church. This was funded by the Cosco-Busan Grant. On February 13, staff began active recruitment for new lifeguard applicants for the 2017 season. On February 24, staff provided CPR/First-Aid training to San Pablo Police Officers to assist them in meeting Title 22 state compliance. 142

148 BOARD COMMITTEE REPORTS

149 C. BUSINESS BEFORE THE BOARD 7. CONSENT CALENDAR AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 21, 2017 a. Finance Committee Minutes and Recommended Actions from the Meeting of February 22, 2017 (Wieskamp) Attendees Board: Staff: Public: Speakers: Directors Ayn Wieskamp, Whitney Dotson and Colin Coffey Debra Auker, Ana M. Alvarez, Deborah Spaulding, Pam Burnor, Kim Balingit, David Sumner, Michelle Strawson-O Hara, Jim Tallerico, Precious Shelton Rick Rickard PFM Asset Management, Monique Spyke Committee Chair Ayn Wieskamp began the meeting at 12:30 PM with the introduction of committee members. Agenda Item No. 1 District s 2017 Investment Policy Review and Update on Investment Strategy Assistant Finance Officer Deborah Spaulding advised that each year, the East Bay Regional Park District updates its Investment Policy. Finance staff reviews the policy with its investment advisor before it is presented to the Finance Committee. After Finance Committee review, the Policy is brought to the full Board of Directors for approval. This year, two amendments to the Investment Policy are recommended. The revisions are: Clarify that rating requirements at the time of purchase must be A or its equivalent, or higher, as per newly passed California legislation. An addendum with information and responsibilities regarding the District s current investment advisor and trustee. This amendment clarifies the District uses PFM Asset Management as its investment advisor and Union Bank and US Bank as its trustees. 143

150 AFO Spaulding noted that in the coming year, staff has asked our investment advisors to research whether the District should add Asset Backed Securities as another authorized type of investment. Depending on the outcome of this research, this asset class may be added to the portfolio in The intent would be to further diversify the District s portfolio, while maintaining safety and liquidity, and possibly adding additional yield. Committee chair Ayn Wieskamp asked whether Asset Backed Securities are a new investment tool. AFO Spaulding replied no, other government agencies invest in Asset Backed Securities. Committee member Colin Coffey inquired why staff is waiting to add Asset Backed Securities for another year, rather than adding them in Assistant General Manager/Chief Finance Officer Debra Auker explained it is a new investment tool for the District and staff wants to review the investment prior to adding it to the portfolio. AFO Spaulding ended her report noting the District s investment strategy is to invest idle funds in a prudent manner, providing the highest yield with the maximum security of principal invested, while also meeting the daily cash flow requirements of the District. Recommendation: Motioned by Colin Coffey and seconded by Whitney Dotson that the Finance Committee recommends to the full Board of Directors for approval of the 2017 Investment Policy for District funds. Motion approved. Agenda Item No. 2 December 31, 2016 Investment Report AFO Spaulding presented a report of the District s investment activity as of the end of the fourth quarter The report is in accordance with the State Law and the District s Investment Policy. Total cash and investment as of December 31, 2016 was $221.8 million. This reflects an increase of $33.6 million from September 30, Funds managed by fiscal agents decreased, and the majority of the difference was attributed to the spending of WW project funds. Graphs accompanying the investment reports were provided in the Finance Committee packet. AFO Spaulding advised the committee that PFM Asset Management is the sole manager of the District s investment portfolio, previously managed by two investment advisors. AFO Spaulding introduced Monique Spyke with PFM Asset Management, who gave an update on the District s investment portfolio and the current investment environment. Ms. Spyke initially reported on the portfolio strategy. PFM expects the economy to continue to improve, interest rates will rise and PFM will manage the portfolio duration close to the benchmark and continue to look for safe ways to add to the portfolios return. 144

151 Ms. Spyke presentation included a review of 2016 market conditions, and a forecast for 2017, which included a discussion about projected interest rate movement and impact on the market value of the District s investment portfolio. AGM/CFO Auker concluded the report adding the Districts strategy will remain the same (oneto three-year duration) for the near future. Recommendation: Motioned by Whitney Dotson and seconded by Colin Coffey that the Finance Committee recommends to the full Board of Directors for approval of the December 31, 2016 Investment Report. Motion approved. Agenda Item No. 3 Renewal of Agreement with SunGard OneSolution Public Sector Service for District-wide ERP Financial System Software AFO Spaulding and Chief Information Officer Jim Tallerico reported on the renewal of a contract with SunGard Public Sector for its OneSolution Enterprise Resource Planning (ERP). This system provides applications that are used by all District departments, including timecards, budgeting, expenditure tracking and numerous applications used by staff in Finance and Human Resources. The District is at the end of the current five-year agreement and is reviewing the renewal and pricing for services for the next five years. The contract under review with SunGard is a fiveyear agreement with an average annual cost of $242,000 and a 3.5% increase each year. This agreement includes ASP hosting, off-site disaster recovery, software maintenance, support and upgrades for all applications, 24-hour access to help desk and training. Staff will present the agreement to Board of Directors during March 7, 2017 meeting. Recommendation: This item is informational only. Agenda Item No. 4 Review of Internal Audit Charter Audit Manager David Sumner reviewed the Internal Audit Charter along with the internal audit activities with the members of the Finance Committee. The Internal Audit Charter defines the purpose, authority and responsibility of the District s Internal Audit Unit to be consistent with the Definition of Internal Auditing, the Code of Ethics and the International Standards of Professional Practice of Internal Auditing. Audit Manager Sumner also outlined responsibilities for the Finance Committee related to internal financial controls and the internal audit process along with examples of audits performed. Staff will bring revisions to the Internal Audit Charter back to the Board Finance Committee, after review with management and the General Manager. Recommendation: This item in informational only. 145

152 Agenda Item No. 5 Open Forum for Public Comment No Public comment. Agenda Item No. 6 Committee Comments No comment Meeting adjourned 2:00 p.m. Respectfully submitted, Connie Swisher Finance 146

153 NEWSCLIPS

154 This festival will be shear fun WHEN: Mar 18 at 11 a.m. to 3 p.m. WHERE: Ardenwood Historic Farm, Ardenwood Blvd., Fremont, Ca COST: $4-$6; Children 3 and under are free AGES: All ages THE SCOOP: Do you like getting a haircut? Well you re sure to enjoy watching a flock of sheep get their annual spring haircuts at Ardenwood Historic Farm. Watch the sheep get sheared and see what happens next. Kids can watch and try wool carding, as wool goes from fiber to yarn at the spinning wheel, and make their own woolly lamb craft to take home. MORE INFO: visit website WHO'S IN? Be the first to RSVP 147

155 Springtime kayaking tour and paddling tips for seniors Dan Rosenstrauch/Archives Antioch Senior Center is offering a kayaking tour in April for the 50+ set. By ROWENA COETSEE rcoetsee@bayareanewsgroup.com PUBLISHED: March 10, 2017 at 7:10 am UPDATED: March 10, 2017 at 7:49 am ANTIOCH Seniors have a chance to learn the rudiments of kayaking next month on a tour of the Delta shoreline. Antioch Senior Center is offering a kayaking trip for paddlers ages 50 and older from 9 a.m. to noon April 22. The cost is $30 and the deadline to sign up is April 19. Sign-ups are at the front desk of Antioch Senior Center, 415 W. Second St., Antioch. Space is limited to 10 people. ADVERTISING Certified kayak instructors from the East Bay Regional Park District will be leading the adventure, which will take participants along the Big Break Regional Shoreline in Oakley. For more information, call

156 East Contra Costa County Habitat Conservancy's docent-led hikes Photo courtesy Metro Creative. As part of celebrating the 10th anniversary of the East Contra Costa County Habitat Conservancy s work, the conservancy and East Bay Regional Park District are hosting a series of hikes on properties that have yet to be opened to the public. The second hike in this series is Explore Dainty Ranch! The hike will be led by members of the California Native Plant Society East Bay Chapter, and held on Sunday, April 2, from 9:30 a.m. to noon. Participants must register in advance, and directions will be ed to registered participants. 149

157 New Cameras Reveal Wildlife Above Caldecott Tunnel By Joe Rosato Jr. Some 160,000 drivers motor through the Caldecott Tunnel each day. But few are probably aware of the wild critters making their own travels somewhere above the cars. Ecologists with the East Bay Parks District themselves weren t exactly sure how many wild animals were using the forest corridor above the tunnels a 300-acre parcel of land purchased by the district 20 years ago to preserve as open space. Right up until several months ago, it wasn t 100 percent clear whether it was or not an important corridor, said Steve Bobzien, an ecologist with the park district. We ve been documenting over the years animals being killed on Highway 24. Back in December, the park district installed a pair of motion-activated wildlife cameras on a moss-covered tree on the hilltop, about a hundred yards above the westbound lane of traffic on the Caldecott corridor. Bobzien hoped to determine whether animals were using the crossing, which links nearby Sibley and Tilden Parks. In December the East Bay Regional Parks District installed two cameras above the Caldecott tunnel to capture photos of wildlife using the trails. Photo credit: Joe Rosato Jr./NBC Bay Area Bobzien wasn t sure what, if anything, the cameras would capture. But when the first images from the cameras were loaded into a laptop computer, his eyes lit up as a variety of critter snapshots filled the screen. 150

158 The first images we saw we had coyotes and bobcats, Bobzien said. The very first check we had a mountain lion. Bobzien said the cameras photographed raccoons, deer, possums, skunks, bobcats, foxes and coyotes. But the real coup was a young male mountain lion which the cameras captured returning in January and then again in February. It s like opening a Christmas gift every time we come and check the images, Bobzien said. Because no matter how often you do it, it s really exciting. The cameras take color photos during the day and infrared at night producing images that look something like wildlife suspect photos. As an unintended feature of the motion-detection cameras, they also photograph the feet of people using the hiking trails. Bobzien said the human photos are quickly deleted. we have people do in front of these. That s what s amazing, grinned Bobzien gesturing toward one of the cameras, what Bobzien said the results of the cameras have confirmed the wooded area as a vital wildlife corridor which animals utilize, sparing themselves the dire consequences of attempting to cross the treacherous highway below. The images also reveal that animals tend to avoid the trails during the daytime when humans are on them. It s really pretty clear that they re doing an amazing job of avoiding people, Bobzien said, sitting at a wooded picnic table hunched over a laptop, scanning a new batch of wildlife photos. Steven Bobzien and Courtney Wilson of the East Bay Regional Parks District look through newly captured photos from the park's new wildlife cameras. Photo credit: Joe Rosato Jr./NBC Bay Area 151

159 The park district has experimented with wildlife cameras, including some that capture video, in nearby parks including Sibley. Bobzien played a crystal clear color video of a mountain lion casually watching a possum scamper by, before strolling off in another direction. We share these hills with all the wildlife, said park ecologist Courtney Wilson. It s good to see that they re out there. Ecologists are using the photos in an informal study comparing the different species, their activities and movements over time. The images will give the park a more complete snapshot of life in the hilltop s wooded habitat just a stone s throw from the bustling highway. On a recent day, Bobzien walked the muddy trail to the hilltop to clean the camera lenses and to remove the data cards. As he loaded the images into his computer, he let out an incredulous laugh as he spied yet another picture of the mountain lion among the batch of new pictures. We always tend to see something really remarkable, Bobzien said. The thrill never leaves us. Published at 2:43 PM PST on Mar 8, 2017 Updated 4 hours ago 152

160 News East Bay Park It: Fremont s Ardenwood to host Appleseed Day Anda Chu/staff archives Visitors gather in a wooded area at Ardenwood Historic Farms in Fremont, the site of the upcoming Johnny Appleseed Day. NED MACKAY PUBLISHED: March 8, 2017 at 6:00 am UPDATED: March 8, 2017 at 7:04 am Johnny Appleseed isn t just a figment of American folklore; he was an actual person. His real name was John Chapman. Born in 1774 in Pennsylvania, he became a pioneer nurseryman as an adult, establishing apple tree nurseries in Pennsylvania, Ohio, Indiana and other states. He was also a missionary for the Swedenborgian Church. According to contemporary accounts he lived a very simple life, often sleeping in the woods or receiving a night s lodging with farmers in exchange for his storytelling and proselytizing. Ardenwood Historic Farm in Fremont will celebrate his life from 11 a.m. to 3 p.m. Sunday during Johnny Appleseed Day, organized by naturalist Christina Garcia. 153

161 It s a chance to learn more about Johnny, the history of apple cultivation, and taste a variety of delicious apples. Other activities will include tree planting, apple cider pressing, and crafts for kids. Ardenwood is located at Ardenwood Blvd., just north of Highway 84. Admission is $3 for adults and seniors, $2 for children ages 4 through 17. Parking is free. For information, call Also in Fremont: Family-friendly Discovery Days are from 10:30 a.m. to 3:30 p.m. every Saturday and Sunday in and around the visitor center at Coyote Hills Regional Park in Fremont. There s always a presentation at 10:30 a.m. on the topic of the week, but you can drop in any time for nature exploration and crafts. The Coyote Hills naturalists also will conduct tours of the park s reconstructed 2,000- year-old Ohlone Indian village site from 10 a.m. to noon and 1:30 to 3:30 p.m. Saturday and again March 19 and April 16. It s a half-mile walk through marshland to see a shade structure, pit house and sweat house. Coyote Hills is located at the end of Patterson Ranch Road off Paseo Padre Parkway. The activities are free; there s a parking fee of $5 per vehicle. For information, call Alameda: Crab Cove Visitor Center in Alameda will celebrate fishing in San Francisco Bay with a Catch of the Day cavalcade from 11 a.m. to 6 p.m. Saturday. There will be a behind-the-scenes aquarium tour from 11 to 11:45 a.m., a fishing clinic from noon to 3 p.m. (gear provided), fish cooking demonstrations in the afternoon, family nature fun from 2 to 3 p.m., fish feeding at the aquarium from 3 to 3:30 p.m., and a lowtide walk from 4:30 to 6 p.m. Crab Cove is located at the bay end of McKay Avenue off Alameda s Central Avenue. There s limited parking at the visitor center, and more parking at the Crown Beach lot at Westline and Otis Drives. Both cost $5 per vehicle when the kiosk is attended. For information, call Berkeley: All sorts of activities are scheduled during this weekend at the Environmental Education Center in Tilden Nature Area near Berkeley. Here s a rundown: Interpretive student aide Sharona Kleinman will help visitors create their own rain sticks in a program from 1 to 2 p.m. Saturday. She ll offer water conservation tips too. Tiny wildlife will be collected and put under the microscope in a program from 2 to 3:30 p.m. the same day in a program led by naturalist Trent Pearce. Then from 10:30 a.m. to 12:30 p.m. Sunday, naturalist Trail Gail Broesder will lead an ascent of Wildcat Peak. Bring a snack and water for the climb from the center to the 154

162 summit for panoramic views. Gail also will lead an easier walk from 2 to 3 p.m. Sunday, a stroll from the center to Jewel Lake in search of local wildlife. Or you can take in a recycling puppet show at the center from 1 to 2 p.m. Sunday, featuring Sharona and Dante the Dragon. The center is located at the north end of Tilden s Central Park Drive, which you can reach via Canon Drive from Grizzly Peak Boulevard in Berkeley. For information, call Antioch: Miners and their tools are the topic of a program from 11 a.m. to 12:30 p.m. Saturday at Black Diamond Mines Regional Preserve, hosted by naturalist Virginia Delgado. It s all about historic mine openings, shafts, portals and how 19th century miners dug hundreds of miles of tunnels using 1800s technology. And from 1 to 3 p.m. on Sunday, there s a 2-to-3-mile hike in search of early-season wildflowers, led by interpretive student aide Ricardo Black. If it rains, the walk will be canceled. Both programs are for ages 7 and older. Both start in the parking lot at the upper end of Somersville Road, 3½ miles south of Highway 4 in Antioch. For information, call , ext Online: There are lots of other programs planned this spring in the regional parks. You can find out more by visiting the district website at Ned MacKay writes a regular column about East Bay Regional Park District sites and activities. him at nedmackay@comcast.net. 155

163 Valley Stars: New Eagle Scout in San Ramon James Brian Studios James Toyofuku, 18, of Danville, a senior at Monte Vista High School, has earned the rank of Eagle Scout. FROM STAFF REPORTS Bay Area News Group March 2, 2017 at 6:00 am Accomplishments San Ramon Eagle Scout: James Toyofuku, the son of Yurika and Donald Toyofuku, has earned the rank of Eagle Scout, which will be presented March 19 in Court of Honor ceremonies at Bridges Clubhouse in San Ramon. He is the member of Boy Scout Troop 805 under the leadership of Scoutmaster Ray Chan. For his Eagle Scout community service project, Toyofuku removed 600 feet of barbed wire fencing and posts off the rangeland of Diablo Foothills Regional Park, Habitat restoration. Toyofuku, 18, of Danville, is a senior at Monte Vista High School. Valley Stars is compiled by Cathie Gatison. Contact her at , by at cgatison@bayareanewsgroup.com or send a fax to

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168 Is Nature Your Brain s Miracle Medicine? Doctors from California to South Korea believe they ve found the key to our mental health and creativity. The catch: You have to go to a forest or park to find it. BY FLORENCE WILLIAMS CHRISTOFFER RELANDER When you go to the desert with David Strayer, don t be surprised if he sticks electrodes to your head. A cognitive psychologist at the University of Utah who studies the mind s ability to think clearly, Strayer understands the relentless distractions that pummel our modern brains. But as an avid backpacker, he thinks he knows the antidote. On the third day of a camping trip in the canyons near Bluff, Utah, Strayer, sporting a rumpled T-shirt and a slight sunburn, is mixing an enormous iron pot of chicken enchilada pie while explaining the three-day effect to 22 psychology students. Our brains, he says, aren t tireless three-pound machines; they re easily fatigued by our fastpaced, increasingly digital lives. But when we slow down, stop the busywork, and seek out natural surroundings, we not only feel restored but also improve our mental performance. Strayer has demonstrated as much with a group of Outward Bound participants, who scored 50 percent higher on creative problem-solving tasks after three days of wilderness backpacking. (Is forest bathing the new yoga?) If you can have the experience of being in the moment for two or three days, Strayer says as the early evening sun saturates the red canyon walls, it seems to produce a difference in qualitative thinking. Strayer s hypothesis is that being in nature allows the prefrontal cortex, the brain s command center, to rest and recover, like an overused muscle. If he s right, when he hooks his research subjects in this case, his students and me to a portable EEG device, our brain waves will show calmer midline frontal theta waves, a measure of conceptual 161

169 thinking and sustained attention, compared with the same waves in volunteers hanging out in a Salt Lake City parking lot. Strayer has his students tuck my head into a sort of bathing cap with 12 electrodes embedded in it. They adhere another six electrodes to my face. Wires sprouting from them will send my brain s electrical signals to a recorder for analysis. Feeling like a beached sea urchin, I walk carefully to a grassy bank along the San Juan River, where I m supposed to think of nothing in particular, just watch the wide, sparkling water flow by. I haven t looked at a computer or cell phone in days, and it s easy to forget for a few moments that I ever had them. In 1865, the great landscape architect Frederick Law Olmsted, designer of New York City s Central Park, looked out over Yosemite Valley and was so moved that he urged the California legislature to protect it from development. It is a scientific fact, he wrote, that the occasional contemplation of natural scenes of an impressive character is favorable to the health and vigor of men. Olmsted s claim had a long history, going back at least to Cyrus the Great, who some 2,500 years ago built gardens for relaxation in the busy capital of Persia. Paracelsus, the 16th-century German-Swiss physician, wrote, The art of healing comes from nature, not from the physician. And 19th-century Americans Ralph Waldo Emerson and John Muir built the case for creating the world s first national parks by claiming that nature had healing powers for both mind and body. There wasn t hard evidence back then. STAINSLAW PYTEL/GETTY IMAGES There is now. Researchers from the University of Exeter Medical School in England analyzed data from 10,000 city dwellers and found that those living near more green space reported less mental distress, even after adjusting for income, marital status, and employment (all of which are correlated with health). In 2009, Dutch researchers found a lower incidence of 15 diseases including depression, anxiety, and migraines in people who lived within about a half mile of green space. Richard Mitchell, an epidemiologist and a geographer at the University of Glasgow in Scotland, found fewer deaths and less disease in people who lived near green spaces, even if they didn t use them. Our own studies plus others show these restorative effects whether you ve gone for walks or not, Mitchell says. People who have window views of trees and grass have been shown to recover faster in 162

170 hospitals, perform better in school, and display less violent behavior. (See jaw-dropping photos of the world s most amazing trees.) Japanese researchers led by Bum Jin Park and Yoshifumi Miyazaki at Chiba University quantified nature s effects on the brain by sending 280 subjects for a stroll in 24 different forests while the same number of volunteers walked around city centers. The forest walkers hit the anti-anxiety jackpot, showing a 16 percent decrease in the stress hormone cortisol. From fmri experiments, South Korean researchers found that the brains of volunteers looking at city scenes showed more blood flow in the amygdala, which processes fear and anxiety. In contrast, natural scenes lit up the anterior cingulate cortex and the anterior insula areas associated with empathy and altruism. Miyazaki believes our minds and bodies relax in natural surroundings because our senses adapted to interpret information about plants and streams, he says, not traffic and high-rises. And yet less than a quarter of American adults say they spend 30 minutes or more outside every day. People underestimate the happiness effect of being outdoors, says Lisa Nisbet, an assistant professor of psychology at Canada s Trent University. We don t think of it as a way to increase happiness. We think other things will, like shopping or TV, she adds. We evolved in nature. It s strange we d be so disconnected. Nooshin Razani at UCSF Benioff Children s Hospital in Oakland, California, is one of several doctors around the world starting to counter this disconnection as a means to heal the anxious and depressed. As part of a pilot project, she s training pediatricians in the outpatient clinic to write prescriptions for young patients and their families to regularly visit verdant parks nearby, with transportation provided in partnership with the East Bay Regional Parks District. To guide the physicians and patients into a mind-set where this makes sense as treatment, she says, we have transformed the clinical space so nature is everywhere. There are maps on the wall, so it s easy to talk about where to go, and pictures of local wilderness. In some countries, nature is woven into the government s official mental health policy. At the Natural Resources Institute Finland, the nation s high rates of depression, alcoholism, and suicide led a research team to recommend a minimum nature dose of five hours per month in an effort to improve the nation s mental health. A 40- to 50-minute walk seems to be enough for physiological changes and mood changes and probably for attention, says Kalevi Korpela, a professor of psychology at the University of Tampere. He has helped design half a dozen power trails that encourage mindfulness and reflection. No-nonsense signs say things like You may squat down and feel a plant. At the healing forest in the Saneum Natural Recreation Forest in South Korea, a government employee known as a forest healing instructor offers me elm-bark tea, then takes me on a hike along a creek, through shimmering red maples, oaks, and pine trees. We come upon a cluster of wooden platforms arranged in a clearing. Forty firefighters with post-traumatic stress disorder are paired off on the platforms as part of a government-sponsored three-day healing program. Among them is Kang Byoung-wook, a 46-year-old from Seoul. He recently returned from a big fire in the Philippines, and he looks exhausted. It s a stressed life, he says. I want to live here for a month. 163

171 KRAKOZAWR/GETTY IMAGES In industrial Daejeon, the South Korean forest minister, Shin Won-Sop, a social scientist who has studied the effects of forest therapy on alcoholics, tells me that human wellbeing is now a formal goal of the nation s forest plan. Thanks to the new policies, visitors to South Korea s recreation forests increased from 9.4 million in 2010 to 12.8 million in Of course, we still use forests for timber, Shin says. But I think the health area is the fruit of the forest right now. His ministry has data suggesting that forest healing reduces medical costs and benefits local economies. What s still needed, he says, is data on specific diseases and on the specific natural qualities that make a difference. What types of forests are more effective? Shin asks. My own city brain, which spends much of the year in Washington, DC, seems to like the Utah wilderness very much. By day, we hike among flowering prickly pear cacti; by night, we sit around the campfire. Strayer s students seem more relaxed and sociable than they do in the classroom, he says, and they give much more persuasive presentations. His research, which centers on how nature improves problem solving, builds on the theory that nature s visual elements sunsets, streams, and butterflies are what reduce stress and mental fatigue. Fascinating but not demanding, such stimuli promote a soft focus that allows our brains to wander, rest, and recover. A few months after our Utah trip, Strayer s team sends me the results of my EEG test. The colorful graph shows my brain waves at a range of frequencies and confirms that the gentle fascination of the San Juan River succeeded in quieting my prefrontal cortex. Compared with samples from research subjects who had stayed in the city, my theta signals were lower. So far, the other research subjects results also confirm Strayer s hypothesis. But no study can offer a full explanation of the brain-on-nature experience; something mysterious will always remain, Strayer says, and perhaps that s as it should be. At the end of the day, he says, we come out in nature not because science says it does something to us but because of how it makes us feel. NATIONAL GEOGRAPHIC (JANUARY 2016), COPYRIGHT 2016 BY NATIONAL GEOGRAPHIC CREATIVE, NATIONALGEOGRAPHIC.COM. 164