Board of Directors. Board Meeting Packet

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1 Board of Directors Board Meeting Packet MARCH 1, 2016

2 Clerk of the Board YOLANDE BARIAL KNIGHT (510) PH (510) FAX East Bay Regional Park District Board of Directors DOUG SIDEN President - Ward 4 BEVERLY LANE Vice President - Ward 6 DENNIS WAESPI Treasurer - Ward 3 DIANE BURGIS Secretary - Ward 7 JOHN SUTTER Ward 2 AYN WIESKAMP Ward 5 WHITNEY DOTSON Ward 1 ROBERT E. DOYLE General Manager MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT MEETING LOCATION CHANGE The Regular Session of the MARCH 1, 2016 Board Meeting is scheduled to commence at 2:00 p.m. at the: Redwood Canyon Golf Course Redwood Road Castro Valley Please note: Director John Sutter - Ward 2 Will Participate by Teleconference 2:00 4:30 p.m. for Open Session Teleconference Location: st Street, Oakland, CA Respectfully submitted, P.O. Box Peralta Oaks Court Oakland, CA (888) MAIN (510) TDD (510) FAX ROBERT E. DOYLE General Manager

3 AGENDA REGULAR MEETING OF MARCH 1, 2016 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT 12:30 p.m. ROLL CALL (Rose Room) PUBLIC COMMENTS CLOSED SESSION A. Conference with Labor Negotiator: Gov t Code Agency Negotiator: Robert E. Doyle, Debra Auker, Jim O Connor, Sukari Beshears Employee Organizations: AFSCME Local 2428 B. Conference with Legal Counsel: 1. Existing Litigation Gov t. Code Sec (d)(1) a) HCN v FEMA et al United States District Court, Northern District of California Case No. CV LB b) SPRAWLDEF and Sierra Club v FEMA et al United States District Court, Northern District of California Case No. CV LB C. Conference with Real Property Negotiator Regarding Price and/or Terms of Payment Gov t Code APN/ADDRESS PROPERTY OWNERS PARK/TRAIL Contra Costa County Byron Armstrong Road, Byron Coelho Machado Family LTD Partnership Ricci Joseph Campos and Michelle Ann Campos, or their successor(s), as Trustees of the Campos Family Living Trust, and David Fitzpatrick 3 Byron Vernal Pools Regional Preserve Byron Vernal Pools Regional Preserve The Board of Directors of the East Bay Regional Park District will hold a regular meeting at Redwood Canyon Golf Course, Redwood Rd, Castro Valley, CA, commencing at 12:30 p.m. for Closed Session and 2:00 p.m. for Open Session on Tuesday, March 1, Agenda for the meeting is listed adjacent. Times for agenda items are approximate only and are subject to change during the meeting. If you wish to speak on matters not on the agenda, you may do so under Public Comments at the beginning of the agenda. If you wish to testify on an item on the agenda, please complete a speaker s form and submit it to the Clerk of the Board. A copy of the background materials concerning these agenda items, including any material that may have been submitted less than 72 hours before the meeting, is available for inspection on the District s website ( the Administrative Building reception desk, and at the meeting. Agendas for Board Committee Meetings are available to the public upon request. If you wish to be placed on the mailing list to receive future agendas for a specific Board Committee, please call the Clerk of the Board s Office at (510) District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting.

4 2:00 p.m. OPEN SESSION (Redwood Canyon Ball Room) PLEDGE OF ALLEGIANCE A. APPROVAL OF AGENDA B. PUBLIC COMMENTS 2:15 p.m. C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR a. Approval of District Check Listing for the Period of January 18, 2016 to January 31, 2016 (Auker/Doyle) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of February 16, 2016 (Barial Knight/Auker) (No Cost) c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) (Resolution) (No Cost) d. Authorization to Accept and Appropriate Funds for Resource Management Improvements Related to the Acquisition of the ± Acre Moller Ranch Property from the Antioch Unified School District and Amend the 2016 Budget to Increase Revenue and Expenses: Black Diamond Mines Regional Preserve (Musbach/Nisbet) (Resolution) (Budget Change) e. Authorization to Purchase Five Ford Pursuit Utility Vehicles from Folsom Lake Ford of Folsom, California (McCrystle/O Connor) (Resolution) (Budget Change) f. Authorization to Appropriate General Fund EBMUD/JPA Restricted Funds and Purchase One Ford Pursuit Utility Vehicle from Lake Ford of Folsom, California (McCrystle/O Connor) (Resolution) (Budgeted Funds) g. Authorization to Purchase Two Honda ATV s and Two Suzuki Dual- Sport Motorcycles from Contra Costa Powersports of Concord, California (McCrystle/O Connor) (Resolution) (Budgeted Funds) h. Authorization to Enter into a Contract for Services Agreement With Nathan Lawrence for Caretaker Services: Big Break Regional Shoreline (Dort/O Connor) (Resolution) (Budgeted Funds) i. Authorization to Extend the Bay Area Air Quality Management District Communication Site License: South County Corporation Yard, Lake Chabot Regional Park (Patterson/O Connor) (Resolution) (Revenue Authorization) j. Authorization to Enter into a Communication Site License Agreement with State of California, Acting By and Through the Director of the Department of General Services, with the Consent of the California Highway Patrol: Vollmer Peak Tilden Regional Park (Patterson/O Connor) (Resolution) (Revenue Authorization) 4

5 2:30 p.m. 2. OPERATIONS DIVISION k. Authorization to Enter into a Special Use Agreement with Newfoundland Club of Northern California: Del Valle Regional Park (Patterson/O Connor) (Resolution) (No Cost) l. Authorization to Enter into a Contract with Taser International for Phase Two Replacement of EMDT (Taser) Devices for District Police Officers (Brede/Anderson) (Resolution) (Budgeted Funds) m. Authorization to Award Contracts for Goat Grazing Services to Goats R Us, Star Creek Land Stewards and Ecosystem Concepts: District-wide (McCormick/T. Anderson) (Resolution) (Budgeted Funds/ Measure CC Funds) a. Authorization to Close the Anthony Chabot Marksmanship Range and for Staff to Negotiate a Six-Month Lease Extension with the Chabot Gun Club for a Transition Period: Anthony Chabot Regional Park (Victor/O Connor) (Resolution) (No Cost) 3:15 p.m. 3. BOARD AND STAFF REPORTS a. Actions Taken by Other Jurisdictions Affecting the Park District (Doyle) 3:30 p.m. 4. GENERAL MANAGER S COMMENTS 3:40 p.m. 5. ANNOUNCEMENTS FROM CLOSED SESSION 3:45 p.m. 6. BOARD COMMITTEE REPORTS a. Operations Committee (12/17/15) (Siden) b. Executive Committee (02/05/16) (Siden) 3:50 p.m. 7. BOARD COMMENTS 4:30 p.m. D. ADJOURNMENT 5

6 CONSENT CALENDAR

7 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 a. Approval of District Check Listing for the Period of January 18, 2016 Through January 31, 2016 (Auker/Doyle) It is recommended that the Board of Directors approve the Check Listing for the period of January 18, 2016 through January 31, 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. 6

8 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF JANUARY 18, 2016 THROUGH JANUARY 31, 2016 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 January 18, 2016 through January 31, 2016; Moved by Director, seconded by Director, and adopted this 1 st day of March, 2016 by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 7

9 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, February 16, 2016 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR b. Approval of the Minutes for the Board Meeting of February 16, 2016 (Barial Knight/Auker) 8

10 Unapproved Minutes Board Meeting of February 16, 2016 The Board Meeting, which was held on February 16, 2016 at the East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland was called to order at 1:10 p.m. by Board President Siden. ROLL CALL Directors Present: Directors Absent: Doug Siden, President Beverly Lane, Vice President Dennis Waespi, Treasurer Diane Burgis, Secretary John Sutter Ayn Wieskamp Whitney Dotson At this time, the Board of Directors met in Closed Session to discuss those items outlined on the agenda. The Open Session of the Board Meeting was called to order at 2:15 p.m. by Board President Siden. Staff Present: Guests: Robert Doyle, Debra Auker, Carol Victor, Carol Johnson, Erich Pfuehler, Mona Koh, Aaron Roth, Rob Lim, Mimi Waluch, Anne Kassebaum, Matt Graul, Liz Musbach, Tonya Covarrubias, Mark Ragatz, John Bouyea, Alicia Gonzales, Mimi Waluch, Bob Nisbet, Bill Zenoni, Bob Nisbet, Larry Tong, Julie Bondurant, Kristina Kelchner, Kelly Barrington, Jeff Rasmussen, Tim Anderson, Carolyn Jones, Sean Dougan, Terry Noonan, Lance Brede, Brian Holt, Michael McNally, Tiffany Margulici, Patty Gershaneck, Stephen Albonico, Timothy Anderson Isabelle Minn, Placeworks Isby Fleischmann, Placeworks A. APPROVAL OF AGENDA District Counsel Carol Victor announced that a matter came up after the February 16 agenda was published, which required an additional item be added to the agenda. The item sought to move the March 1 meeting to the Redwood Canyon Golf Course. The reason for the location change is that large group of citizens are expected. Director Sutter moved and Director Wieskamp seconded the addition to the February 16, 2016 agenda of a location change to Redwood Canyon Golf Course for the March 1, 2016 Board meeting. Directors Present: Directors Absent: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Whitney Dotson. Director Sutter, and seconded by Director Waespi, the Board voted unanimously to approve the Agenda. Directors Present: Directors Absent: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Whitney Dotson. 9

11 Unapproved Minutes Board Meeting of February 16, 2016 B. PUBLIC COMMENTS Jean Robertson and Karen Whitetsone of the East Bay Chapter of the California Native Plant Society, Spoke about the Huckbleberry Preserve which has rare manzanita and the impact of the East Bay Regional Park District Fire Hazard Reduction Plan. Whitestone supports efforts to collaborate with East Bay Regional Park District to help manage the vegetation in these endangered areas. John Maunder, Senior Range Master of the Chabot Gun Club, mentioned that he didn t see letters in support of the Club in the board packet. He present to the Clerk, packets of letters from several key leaders in support of the Gun Club. Director Sutter clarified that the Newsclips section of the packet does not include letters, only articles that are published in the newspaper. The Board acknowledged that they had already received and read the letters of support for the Gun Club. C. BUSINESS BEFORE THE BOARD Director Sutter moved and Director Wieskamp seconded Approval to move the regularly scheduled board meeting from Peralta Oaks Headquarters to Redwood Canyon Golf Course located at Redwood Road, in Castro Valley on March 1, Directors Present: Directors Absent: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Whitney Dotson. 1. CONSENT CALENDAR By motion of Director Sutter, and seconded by Director Waespi, the Board voted unanimously to approve the Consent Calendar minus Item e. Directors Present: Directors Absent: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Whitney Dotson. a. Approval of District Check Listing for the Period of December 28, 2015 to January 17, 2016 Resolution No (attached) Approval of the Minutes for the Board Meeting of February 2, 2016 c. Authorization to Negotiate with Various Property Owners Resolution No (attached) d. Approval of Out-of-State Travel for Director Whitney Dotson to Attend the 2016 Sustainable Trails Conference in Knoxville, Tennessee from March 4-11, 2016 Resolution No (attached) 10

12 Unapproved Minutes Board Meeting of February 16, 2016 f. Authorization to Execute a Consulting Services Contract with Interactive Resources, Inc. for the Service Yard Replacement Project: Point Pinole Regional Shoreline Resolution No (attached) Director Sutter asked if $1.8 million will fund the actual construction. Rob Lim, Chief of Design and Construction, replied there will be sufficient funds for construction. g. Authorization to Enter into a Professional Services Contract with Laura McCreery to Conduct An Executive Oral History for EBRPD General Manager Robert E. Doyle Resolution No (attached) h. Approve Amendment and Restatement of the East Bay Regional Park District s General Employees and Sworn Safety Employees Retirement Plan to Conform to Internal Revenue Service (IRS) Regulations Resolution No (attached) i. Authorization to Appropriate Asset Forfeiture Funds and Approve the Sole Source Purchase/Upgrade of Seventy-Five (75) Personal Video Cameras from Vievu, Inc.: Public Safety Division Resolution No (attached) Directors Siden and Wieskamp congratulated Public Safety for their leadership. Director Sutter asked operational questions about the use of the cameras. Lt. Lance Brede, Operations Division explained the process. j. Authorization to Transfer and Appropriate Asset Forfeiture Funds, Transfer Public Safety Budgeted Funds, Accept Donation and Appropriate Funds from Regional Parks Foundation, and Purchase Replacement Mobile Incident Command Vehicle from Lynch Diversified Vehicles: Public Safety Division Resolution No (attached) Director Lane asked how often the vehicle has been in use. Brede stated it has been used over 100 times while it has been in operating order. Lane asked about the process review. Brede explained the steps of the review process, that it has been thoroughly reviewed, and the intended use of the vehicle. GM Doyle added that this vehicle has been on the replacement list; the Foundation is assisting with the purchase which will be made to order for the District. k. Authorization to Award a Contract to R&M Paving Contractors, Inc. for Redwood Service Yard Paving Project: Redwood Regional Park Resolution No (attached) l. Authorization to Amend the Sole Source Contract with Condor Earth Technologies to Provide Engineering Services and Construction Monitoring for the Pillar B Stabilization Improve Mine Shaft Project: Black Diamond Mines Regional Preserve Resolution No (attached) 11

13 Unapproved Minutes Board Meeting of February 16, 2016 m. Approval of the District s 2016 Investment Policy Resolution No (attached) Director Sutter commented that this is a good policy. He had specific questions about the policy. Bill Zenoni, Interim CFO, responded. n. Authorization to Award a Contract for Janitorial Services to Universal Building Services & Supply Company: Peralta Oaks Administration Building and the Richard C. Trudeau Training Center Resolution No (attached) o. Authorization to Purchase Microsoft Enterprise SQL Server Database Software Licenses from Dell Marketing L.P: Information Services Department Resolution No (attached) By motion of Director Burgis, and seconded by Director Lane, the Board voted unanimously to approve the Item e. Directors Present: Directors Absent: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Whitney Dotson. e. Authorization to Execute a Twenty-five Year Management Agreement with the United States Department of the Interior Bureau of Reclamation: Contra Loma Regional Park Resolution No (attached) John Bouyea, Senior Acquisition Specialist began working on this agreement in He acknowledged staff who helped on this project. Director Lane had questions about the boundaries, jurisdiction zone, and the lagoon. Bouyea, with the use of a map, said that there was a new boundary created to allow the city and the park to better manage the property. Bouyea showed the zone, and stated language was added as a possibility to increase the lagoon. Director Siden asked if the Contra Costa Water District responded to the project changes. GM Doyle said the resolution was a legal agreement and they want to protect the open water for water quality issues. They were very cooperative. GM Doyle explained the process whereby the District was able to extend the agreement date. Mark Ragatz, Chief of Park Operations, said that we still have operational challenges with keeping sand out of the pool. Director Burgis asked about putting the $150,000 into the budget for the swim area, and wanted to know the status of the plans. Director Sutter wondered about the use of shade structures. GM Doyle said that staff wanted to maximize the possibilities. 2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION By motion of Director Burgis, and seconded by Director Wieskamp, the Board voted unanimously to approve Item C-2-a. Directors Present: Directors Absent: Diane Burgis, Beverly Lane, Doug Siden, John Sutter, Dennis Waespi, Ayn Wieskamp. Whitney Dotson. 12

14 Unapproved Minutes Board Meeting of February 16, 2016 a. Authorization to Apply for a Grant from the West Contra Costa Transportation Advisory Committee and Appropriate Measure WW Development Funds to Fund the Final Design, Geotechnical and Environmental Studies for the San Francisco Bay Trail at Lone Tree Point: San Francisco Bay Trail Resolution No (attached) Sean Dougan, Trails Development Program Manager, gave a regional perspective and then drilled down to costs. This project is expected to attract grant funding. Director Siden asked about striping cost of trails. Dougan explained it was striping for crossings. Siden and Lane had questions about particular segments of the trail project. Director Burgis added that this is a good transportation option. Sutter had a question on the Bay Trail allocation area and asked for a detailed copy of the allocation. GM Doyle gave a historical perspective on this property. Director Waespi asked about improvements of the chemical toilet and picnic areas. Barrington, Chief of Maintenance and Skilled Trades said there is a district-wide program in development to replace the chemical toilets and picnic areas. b. Update on the Land Use Plan for the Concord Hills Regional Park (Concord Naval Weapons Station) and Presentation of Draft Preferred Alternative Park Use Plan: Concord Hills Regional Park Larry Tong, Chief of Planning and GIS, introduced Brian Holt, Principal Planner, and Project Manager of CNWS. Holt introduced the project to the Board on a preferred alternative asking for board input. Holt gave a brief background and status along with pointing out key features and uses currently of the project. Holt introduced Isabelle Minn and Isby Fleischmann, the Placeworks prime consultants on LUP development. A draft plan and matrix were distributed to the Board. The conveyance from the Navy largely goes to the city of Concord and the District. The District receives this property through a no cost conveyance. Director Lane asked for comment on the District s ability to put a trail in the green area on the map. Holt said there is potential for public access in this area. Director Sutter questioned connections, and asked if Measure J is available. Holt replied the District is looking at potential connections throughout this area. Holt deferred to the Trails Manager adding there are a number of ways to fund this. The District is working with Concord to ensure that the process continues. Holt stated the District has been moving forward aggressively with completing the LUP, and the CEQA process to create a vision for the property, and help facilitate the transfer. Isabelle Minn, Placeworks walked the Board through the public process. Isby Fleischmann, Placeworks, talked about the alternative land use concepts. Director Siden acknowledged the leadership of Director Lane. Lane had questions on access in the center of Bailey Road. Holt said they have looked at the site and will meet in the middle, to be sensitive to folks who want views and those who want to drive in with access in the interior. Director Burgis complimented Holt on his leadership. Burgis asked if there is a tunnel underneath Bailey Road. Holt said no. Burgis asked if there are going to be any delays due to the Concord situation. Holt said that the District is not tied to the city s development and the short answer is no. Director Waespi asked if staff quantified the square footage on the 25 structures and its reuse. Holt replied this information is available. Director Sutter congratulated staff, and the various congressional and federal people that have helped. He inquired if there has been a financial analysis. Holt replied the District has been in active conversations, the project will not be cheap; however there are tremendous funding potentials. Director Wieskamp expressed interest in the park being built in phases since the District won t have all the funding at once. Holt answered the initial proposal would be to phase in one area at a time. GM Doyle had comments on constraints that are 13

15 Unapproved Minutes Board Meeting of February 16, 2016 not in District control, and talked about the safety of the area: graffiti, homeless, vandalism and the possibility of two crossings. 4. BOARD AND STAFF REPORTS a. Actions Taken by Other Jurisdictions Affecting the Park District General Manager Robert Doyle discussed those items listed on the staff report. 5. GENERAL MANAGER S COMMENTS General Manager, Robert Doyle introduced Rob Lim, Chief of Design and Construction. Lim gave a brief overview of the projects his division is working on. There are over several projects/studies on the list. Lim highlighted Vargas Plateau, Miller Knox, and the Atlas Road extension improvements. Talked about JOC, Projecto, Online planroom. Directors Sutter and Siden complimented Lim on the degree of organization. GM Doyle added that we are becoming more efficient and better organized. Appreciation to public safety. 6. ANNOUNCEMENTS FROM CLOSED SESSION District Counsel Carol Victor had no announcements. 7. BOARD COMMITTEE REPORTS a. Operations Committee (12/17/15) (Sutter) Director Lane asked if the transcriber would refer to the item and not the number of the item. Referring to page 97. b. Finance Committee (11/23/15) (Lane) c. Finance Committee (10/28/15) (Lane) 8. BOARD COMMENTS Director Siden reported on meetings attended. Director Siden Attended the Friends of San Leandro Creek meeting; Attended the EBEDA meeting; Attended the Executive Committee meeting; Attended the American Camp Association (ACA) Conference in Atlanta. Director Sutter reported on meetings attended. Director Sutter Went on the Oak to Ninth tour; Talked with the Oakland Rotary Club; Hiked at Pt. Pinole and Anthony Chabot with a hiking club; Will attend the SFBRA. 14

16 Unapproved Minutes Board Meeting of February 16, 2016 Director Lane reported on meetings attended. Director Lane Passed around a Valley Sentinal column; Went on a tour of Castle Rock; Commented on the new interpretive sign near the peregrine falcons; Went to Pt. Isabel and looked at the prospective access for the kayak trail; Appreciative of Brian Holt and Placeworks team for working on Concord; Will attend Asm. Catharine Baker s Environmental Roundtable; Will attend Danville s State of the Town; Attended Elected Women s Luncheon. Director Waespi reported on meetings attended. Director Waespi Hiked with Rich Godfrey at Vargas Plateau; Hiked Lake Chabot, Tilden, and Easthshore State Park; Attended the Alameda County Mayors Conference, Union City; Attended the Fairview stakeholders meeting; Attending Asm. Catharine Baker s Environmental Roundtable. Director Burgis reported on meetings attended. Director Burgis Attended Concord s State of the City luncheon; Attended the ABAG Regional Planning Committee meeting; Attended the Contra Costa County Mayors Conference in Oakley; Attended the Brentwood Chamber of Commerce Citizen Awards dinner; Attended the Discovery Bay, State of the Town event; Met with the developer that is doing a project off of Sand Creek Road; Attended the Byron Hot Springs tour. Director Wieskamp reported on meetings attended. Director Wieskamp Attended Elected Women s Luncheon; Updates by friends of Tesla on Carnegie public hearing; Attending Asm. Catherine Baker s Environmental Roundtable; Attending Board Workshop tomorrow; Would like to have an update on the solar panel project. Director Dotson reported on meetings attended. Director Dotson Not present at the meeting; vacation. D. ADJOURNMENT The meeting was adjourned at 5:13 pm by Board President Doug Siden. Respectfully submitted: /s/ Yolande Barial Knight Clerk of the Board 15

17 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 c. Authorization to Negotiate with Various Property Owners (Musbach/Nisbet) The General Manager recommends that the Board of Directors authorize the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, to negotiate with: APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County Buchanan St., Albany City of Albany McLaughlin Eastshore State Park REVENUE/COST Items of cost, terms or conditions of any option are subject to negotiation and would be presented to the Board for formal approval at a later date. BACKGROUND The proposed resolution for this item is in direct response to the Brown Act. According to District Counsel, "The Board may meet in Closed (Executive) Session prior to or during negotiations to give instructions to its negotiator regarding the price and terms of payment for the purchase or the lease of the property only after it has identified the parcels of concern, and has identified the people with whom this negotiator may negotiate in open session." ALTERNATIVES No alternatives are recommended. 16

18 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS WHEREAS, Government Code Section requires that prior to or during the negotiations concerning the acquisition of real property, the Board of Directors in closed session may give instructions to its negotiator regarding the price and terms of payment of such property; and WHEREAS, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiator may negotiate; NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby approves the authorization to negotiate as presented to the Board of Directors on March 1, 2016; and BE IT FURTHER RESOLVED that the General Manager and the Assistant General Manager, Acquisition, Stewardship & Development Division, are hereby authorized by the Board of Directors on behalf of the East Bay Regional Park District and in its name to negotiate the price and terms of payment of the following parcels of real property: APN/ADDRESS PROPERTY OWNER PARK/TRAIL Alameda County Buchanan St., Albany City of Albany McLaughlin Eastshore State Park Moved by Director, and seconded by Director, and adopted this 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 17

19 I-80 AUTHORIZATION TO NEGOTIATE Date: March 1, 2016 Acquisition, Stewardship & Development Division I-80 # Hwy 4 Brentwood I-580 Richmond I Berkeley Hwy 24 MT. DIABLO STATE PARK I-80 Oakland I-580 I-680 CONTRA COSTA ALAMEDA I- 580 San Francisco Bay I-880 Legend Hwy 92 Freeways ² EBRPD Lands County Boundary 0 5 Miles Hwy 84 Fremont ALAMEDA COUNTY 1 Park/Trail: Owner: APN: Location: McLaughlin Eastshore State Park City of Albany Buchanan Street, Albany, CA 18 O:\GIS\Land\Projects\A2N\A2N-March mxd

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21 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 d. Authorization to Accept and Appropriate Funds for Resource Management Improvements Related to the Acquisition of the ± Acre Moller Ranch Property from the Antioch Unified School District and Amend the 2016 Budget to Increase Revenue and Expenses: Black Diamond Mines Regional Preserve (Musbach/Nisbet) The General Manager recommends that the Board of Directors authorize the acceptance and appropriation of funds for resource management improvements related to the acquisition of Antioch Unified School District s ( AUSD ) approximately ± acre Moller Ranch property. This action will require the amendment of the 2016 budget to increase both the revenue and expense budgets commensurately. Said real property is located on Somersville Road in unincorporated Contra Costa County, immediately south of the Antioch city limits at the northern entrance to Black Diamond Mines Regional Preserve. REVENUE/COST A detailed cost history for this project was presented in a recent Board action dated December 1, 2015 seeking authorization to appropriate funds for the third of four deposits required to purchase the subject property, and is incorporated herein by reference. This action will allow staff to accept and appropriate $62,000 from Aviano Farms LLC and its developer partner DeNova Homes for installation of new fencing and gates necessary to implement the subject property s October 2, 2015 Resource Management Plan ( RMP ) to the Black Diamond Mines Regional Preserve 2016 park budget. This action will amend the 2016 budget and increase both the revenue and expense budgets by $62,000. SOURCE OF FUNDS: Aviano Farms LLC/DeNova Homes Appropriation to Black Diamond Mines Regional Preserve Revenue Budget ( ) Total Current Action $ 62,000 $ 62,000 USE OF FUNDS: Black Diamond Mines Regional Preserve 2016 Operating Budget 20

22 ( ) Fencing and Gates Total Current Action $ 62,000 $ 62,000 BACKGROUND The Park District has long considered the Moller Ranch property currently owned by AUSD to be a critical acquisition to complete the northern entrance and gateway to Black Diamond Mines Regional Preserve ( Preserve ). The Board authorized staff to begin negotiations to acquire two of the three parcels from AUSD on January 12, 1999 by its Resolution No , and ten years later for the third parcel on December 1, 2009 by its Resolution No Third party Aviano Farms LLC is purchasing a conservation easement over ± acres of the property for $1,034,368 as mitigation for two development projects in the City of Antioch, its 533-unit active adult residential development and AUSD s Dozier Libbey Medical High School. The Park District will purchase the underlying fee interest to this acreage, as well as the remaining approximately 35.82± acres of unencumbered fee interest including the farmstead, for $305,782 per the terms of a three-party Memorandum of Agreement ( MOA ), dated June 27, 2012 and authorized by the Board on October 4, 2011 by Resolution No On July 11, 2014, the Park District and AUSD entered into a Purchase and Sale Agreement for the subject property as authorized by the Board on January 14, 2014 by Resolution No The Purchase and Sale Agreement calls for a total of four deposits over a three-year period. Close of escrow is proposed to occur no later than December 31, 2016, with an option to extend if necessary for an additional six- month period. Per the terms of the three-party MOA, Aviano Farms LLC is taking the lead in seeking resource agency approval of the conservation easement and RMP. Aviano Farms LLC also is responsible for the cost of resource enhancements required as part of the mitigation, including the $62,000 for gates and fencing, the acceptance and appropriation of which is before the Board today, and for a non-wasting endowment sufficient to fund the easement s long-term maintenance and monitoring, currently estimated at $368,000. The Park District will hold a substantial portion of the endowment for future property management, with the balance going to a third party conservation easement holder as required by the resource agencies. Staff will seek Board approval for the acceptance of the endowment funds at a later date, as well as authorization to fund the fourth and final deposit for purchase of the property, at which time an Acquisition Evaluation summarizing operational and other impacts of this property acquisition will be presented. Staff recommends that the Board authorize the acceptance and appropriation of $62,000 and the corresponding amendment to the 2016 budget necessary to provide new fencing and gates in support of the subject property s RMP from Aviano Farms LLC and DeNova Homes at this time. ALTERNATIVES No alternatives are recommended. 21

23 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO ACCEPT AND APPROPRIATE FUNDS FOR RESOURCE MANAGEMENT IMPROVEMENTS RELATED TO THE ACQUISITION OF THE ± ACRE MOLLER RANCH PROPERTY FROM THE ANTIOCH UNIFIED SCHOOL DISTRICT AND AMEND THE 2016 BUDGET TO INCREASE REVENUE AND EXPENSES: BLACK DIAMOND MINES REGIONAL PRESERVE WHEREAS, the Board of Directors authorized negotiations with the Antioch Unified School District ( AUSD ) by Resolutions No and , approved January 12, 1999 and December 1, 2009, respectively, for the ± acre property formerly known as Moller Ranch, located on Somersville Road in unincorporated Contra Costa County immediately south of the City of Antioch at the northern entrance of Black Diamond Mines Regional Preserve; and WHEREAS, AUSD is prepared to sell a conservation easement over approximately acres of the ± acre property to Aviano Farms LLC for $1,034,368 in fulfillment of mitigation requirements for which both parties are obligated; and WHEREAS, AUSD also is prepared to sell the underlying fee interest, including approximately 35.82± acres of unencumbered fee that includes the property s farmstead, to the Park District for $305,782 based on the property s appraised fair market value; and WHEREAS, per the terms of a Memorandum of Agreement ( MOA ) reached by the three parties and authorized by the Board on October 4, 2011 by Resolution No , the Park District and AUSD entered into an Interim Access and Use Agreement on October 11, 2012 allowing the Park District to take over property management of Moller Ranch in anticipation of acquiring the property; and WHEREAS, by Resolution No , approved on January 14, 2014, the Board of Directors authorized entering into the Purchase and Sale Agreement for acquisition of the ± acre subject property which calls for four deposits over the course of a three-year period and a close of escrow no later than December 31, 2016, with an option to extend if necessary for an additional six- month period; and WHEREAS, while Aviano Farms LLC pursues negotiations with the resource agencies to finalize the conservation easement and resource management plan ( RMP ), the parties have negotiated their respective purchase agreements; and WHEREAS, Aviano Farms LLC also is responsible for the cost of resource enhancements required as part of the mitigation, including $62,000 in fencing and gates, the 22

24 acceptance and appropriation of which is the subject of this Board action, and for a non-wasting endowment sufficient to fund the easement s long-term maintenance and monitoring, a substantial portion of which will be held by the Park District for future property management, with the balance going to a third party conservation easement holder as required by the resource agencies; 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, acquisition of this property aids in important resource protection goals by preserving viewsheds, maintaining open space, protecting riparian habitat and endangered species habitat, and extending a wildlife corridor; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the General Manager to accept and appropriate funds for resource management improvements related to the acquisition of the ± acre Moller Ranch property in the amount of $62,000 from Aviano Farms LLC/DeNova Homes and amend the 2016 budget to increase the Black Diamond Mines Regional Preserve 2016 revenue ( ) and expense ( ) general fund budgets, to fund fencing and gates required to support the property s RMP 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 allocate to accomplish the intentions of this resolution. Moved by Director, seconded by Director and adopted this 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 23

25 East Bay BLACK DIAMOND MINES REGIONAL PRESERVE Regional Park District Property: AUSD - Moller Ranch ( acres +/-) Fencing Plan Feet 1 inch [ !!!!!!!!!!!!!!!!!! 250 EBRPD FARMSTEAD (35.82 acres +/-) CONSERVATION EASEMENT AREA ( acres +/-) Conservation Easement!!!!!!!!!!!!! Boundary 350 Somersville Rd Legend Conservation Easement Boundary Fence - 4,800 lin. ft. EBRPD Farmstead Fence - 2,156 lin. ft BLACK DIAMOND MINES REGIONAL PRESERVE Discovery Builder's Conservation Easement Fence - 3,943 lin. ft. (existing) Moller Property (under option) Location Map O:\GIS\Land\Projects\BoardMaps\BD_AUSD_MollerRanch_Fencing\BD_AUSD_MollerRanch_fencing.mxd Date: 2/11/2016

26 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM X NEW APPROPRIATIONS New Appropriation From New Revenues DECREASE BUDGET ACCOUNT AMOUNT BUDGET TRANSFERS Between Funds Between Projects INCREASE BUDGET ACCOUNT Account Name: Revenue: General Fund- Interpretive Parklands-Black Diamond- Maintenance-Other Revenue AMOUNT Account # Account Name: Expense: General Fund- Interpretive Parklands-Black Diamond- Maintenance Contracts $ 62,000 Account # $ 62,000 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March 1, 2016, the General Manager recommends that the Board of Directors accept and appropriate $62,000 from Aviano Farms LLC and its developer partner DeNova Homes for installation of new fencing and gates necessary to implement the subject property s October 2, 2015 Resource Management Plan ( RMP ) to the Black Diamond Mines Regional Preserve 2016 park budget. The board action increases both the revenue and expenditure budgets by $62,000. Posted By: Signature: As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/1/ T:\BOARDCLK\BOARD MATERIAL\2016\4 - March 1, 2016\S DRIVE\C-1-d AUSD Moller Ranch Maintenance appropriaton 25

27 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION e. Authorization to Purchase Five Ford Pursuit Utility Vehicles from Folsom Lake Ford of Folsom, California (McCrystle/O Connor) The General Manager recommends that the Board of Directors authorize the purchase of five Ford Pursuit Utility vehicles from Folsom Lake Ford of Folsom, California at a total cost of $161,310. REVENUE/COST For the purposes of purchasing replacement and additional fleet vehicles, funds have been allocated in the District s 2016 Budget, Fleet Replacement Account (Rolling Stock >$25K) and Public Safety Account (Rolling Stock >$25K). PROPOSED ENCUMBRANCE, Account : Base Price $ 89,179 CA Tire Fee 26 Sales Tax 7,580 Total Encumbrance $ 96,785 PROPOSED ENCUMBRANCE, Account : Base Price $ 59,453 CA Tire Fee 18 Sales Tax 5,054 Total Encumbrance $ 64,525 TOTAL ENCUMBRANCE: Base Price - Total $ 148,632 CA Tire Fee 44 Sales Tax 12,634 Total $ 161,310 26

28 BACKGROUND Three Ford pursuit utility vehicles, designed for police use, will replace District Police vehicles which are being retired due to high mileage and declining condition. These new Ford pursuit utility vehicles are upgrades from the current Ford Crown Victoria Sedan. Both the vehicle and equipment upgrades are funded by Fleet and consistent with Public Safety s adopted standards. The grand total to upgrade these three Public Safety vehicles from available pursuit sedan vehicles to pursuit utility vehicles is $23,238; $4,314 for each vehicle upgrade and $3,432 for each vehicle s required equipment upgrade. Two Ford pursuit utility vehicles are additions to the fleet as approved through the 2015/2016 Budget Request process. Public Safety Sedan, Ford Crown Vic Police Interceptor Public Safety Sedan, Ford Crown Vic Police Interceptor Public Safety Sedan, Ford Crown Vic Police Interceptor The new Ford pursuit utility vehicles are available for purchase directly from Folsom Lake Ford by means of pricing established by the State of California, General Services Procurement Division, Contract # B. The pricing is the result of a competitive bid process and open to all state governmental entities and educational institutions. Public agencies electing to use this method of vehicle acquisition avoid the administrative costs of seeking formal bids. ALTERNATIVES For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended. 27

29 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO PURCHASE FIVE FORD PURSUIT UTILITY VEHICLES FROM FOLSOM LAKE FORD OF FOLSOM, CALIFORNIA WHEREAS, the District has included funding in its 2016 Budget for the purchase of new rolling stock; and WHEREAS, Folsom Lake Ford of Folsom, California is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract # B; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of five Ford pursuit utility vehicles for a total cost of $161,310, with said sum to be encumbered from the 2016 budget, $96,785 from Account (Rolling Stock >$25K) and $64,525 from Account (Rolling Stock >$25K); 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 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 28

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31 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION f. Authorization to Appropriate General Fund EBMUD/JPA Restricted Funds and purchase One Ford Pursuit Utility Vehicle from Lake Ford of Folsom, California (McCrystle/O Connor) The General Manager recommends that the Board of Directors authorize the appropriation of funds in order to purchase one patrol vehicle in accordance with the Public Safety/East Bay Municipal Utility District Joint Powers Agreement (EBMUD/JPA) from Folsom Lake Ford of Folsom Lake, California and equipment set-up from Pursuit North of Pittsburg, California at a total cost of $44,797. REVENUE/COST The District s General Fund balance includes restricted funds that are reserved for legal agreements, such as the District s Joint Powers Agreement with EBMUD. According to the agreement, these funds may be appropriated as needed to replace vehicles and/or equipment required to fulfill specific obligations. SOURCE OF FUNDS Appropriation from General Fund Balance Restricted Funds $ 44,797 USE OF FUNDS EBMUD/JPA vehicle replacement Account (Rolling Stock > $25K) Vehicle Base Price $ 29,726 Pursuit North Patrol Vehicle Equipment Set-up 11,952 CA Tire Fee 9 Vehicle Paint 583 Sales Tax 2,527 Total Encumbrance $ 44,797 30

32 BACKGROUND One Ford pursuit utility vehicle, designed for police use, will replace EBMUB/JPA Police vehicle #182 which is being retired due to high mileage and declining condition. This new Ford pursuit utility vehicle is an upgrade from the current Ford Crown Victoria Sedan. Both the vehicle and equipment upgrades are funded by EBMUD/JPA. The grand total to upgrade this Public Safety vehicle from the available pursuit sedan vehicle to a pursuit utility vehicle is $7,746; $4,314 for the vehicle upgrade and $3,432 for the required equipment upgrade Sedan, Ford Crown Vic Police Interceptor Finance staff is required to record expenditures for the East Bay Municipal Utility District Joint Powers Authority against a specific Public Safety department budget. The transaction data is used to bill EBMUD quarterly for services related to the JPA. Funding is set aside from those payments in a restricted account of the General Fund, to cover the operating costs of the JPA including the replacement of vehicles used for that purpose. ALTERNATIVES For this purchase, staff has determined that there is no significant advantage in formally seeking other bids; therefore, none are recommended. 31

33 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO APPROPRIATE GENERAL FUND EBMUD/JPA RESTRICTED FUNDS AND PURCHASE ONE FORD PURSUIT UTILITY VEHICLE FROM LAKE FORD OF FOLSOM, CALIFORNIA WHEREAS, Folsom Lake Ford of Folsom, California is a recognized vendor offering suitable vehicles based on the results of competitive pricing through the State of California, General Services Procurement Division, Contract # B; and WHEREAS, Pursuit North of Pittsburg, California is a recognized vendor offering suitable equipment based on the results of informal bid; and WHEREAS, the District holds a General Fund restricted account to provide for such purchases; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the appropriation of funds in order to purchase one Public Safety EBMUD/JPA patrol vehicle and equipment set-up for a total cost of $44,797, with said sum to be encumbered from the 2016 Budget, Account (Rolling Stock > $25K); 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 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 32

34 EAST BAY REGIONAL PARK DISTRICT BUDGET CHANGE FORM X NEW APPROPRIATIONS New Appropriation From New Revenues DECREASE BUDGET ACCOUNT AMOUNT BUDGET TRANSFERS Between Funds Between Projects INCREASE BUDGET ACCOUNT Account Name: Expense: General Fund- Public Safety - EBMUD/JPA-Rolling Stock > $25,000 AMOUNT Account # $ 44,797 REASON FOR BUDGET CHANGE ENTRY As being presented at the Board of Directors meeting on March 1, 2016, the General Manager recommends that the Board of Directors authorize the appropriation of $44,797 restricted legal agreement funds for the purpose of purchasing and outfitting one police vehicle used to patrol the East Bay Municipal Utility District properties, related to the joint powers agreement between the two agencies. This action will amend the 2016 budget. Posted By: Signature: As approved at the Board of Directors Meeting on date: Board of Directors Resolution Number: Posted date: 3/1/ T:\BOARDCLK\BOARD MATERIAL\2016\4 - March 1, 2016\S DRIVE\C-1-f 2016 JPA EBMUD vehicle appropriation 33

35 AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR g. Authorization to Purchase Two Honda ATV s and Two Suzuki Dual- Sport Motorcycles from Contra Costa Powersports of Concord, California (McCrystle/O Connor) RECOMMENDATION The General Manager recommends that the Board of Directors authorize the purchase of two Honda ATV s and two Suzuki dual-sport motorcycles from Contra Costa Powersports of Concord, California at a total cost of $28,613. REVENUE/COST For the purposes of replacing fleet vehicles and equipment, funds have been allocated in the District s 2016 Budget, Account (Rolling Stock <$25K). PROPOSED ENCUMBRANCE: Base Price $ 26,352 CA Tire Fee 21 Sales Tax 2,240 Total Encumbrance $ 28,613 BACKGROUND The two new Honda ATV s are direct replacements for District ATV s #746 at Black Diamond and #265 at Public Safety. The two new Suzuki dual-sport motorcycles are direct replacements for the District s Public Safety dual-sport motorcycles, #242 and #247. All four pieces of equipment are being retired and sent to public auction due to age and declining condition. The new ATV s and dual-sport motorcycles are available for purchase directly from Contra Costa Powersports at a total cost of $28,613. Pricing is the result of an informal bid process with the cost of each piece of equipment less than $10,000 so three quotes are not required. 34

36 ALTERNATIVES For this purchase, staff has determined that there is no significant advantage in seeking other bids; therefore, none are recommended. 35

37 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO PURCHASE TWO HONDA ATV S AND TWO SUZUKI DUAL- SPORT MOTORCYCLES FROM CONTRA COSTA POWERSPORTS OF CONCORD, CALIFORNIA WHEREAS, the District has included funding in its 2016 Budget for the purchase of new rolling stock; and WHEREAS, Contra Costa Powersports of Concord, California is a recognized vendor offering suitable equipment based on the results of informal bid process; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of two Honda ATV s and two Suzuki dualsport motorcycles for a total cost of $28,613, with said sum to be encumbered from the 2016 budget, 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 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 36

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39 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 h. Authorization to Enter into a Contract for Services Agreement with Nathan Lawrence for Caretaker Services: Big Break Regional Shoreline (Dort/O Connor) The General Manager and the Board Operations Committee (by unanimous vote) recommend that the Board of Directors authorize a Contract for Services Agreement with Nathan Lawrence for caretaking services at Big Break Regional Shoreline for one year, commencing March 2016, with the possibility of two one-year term extensions. REVENUE/COST The initial cost to the District for this action is $6,386 per year, to increase by 1.5% annually during the term of the Agreement. The 2016 budget includes funding to pay for these services, available in the General Fund BACKGROUND Big Break Regional Shoreline requires caretaker services to monitor this 1,648-acre mostly offshore delta shoreline. The Caretaker shall live on a designated residence site in a self-provided, stand-alone, livable mobile unit. The Caretaker duties include gate and restroom open/close responsibilities, monitoring the ADA fishing/observation pier, and routine patrol of the site. The current caretaker services end in March 2016, and staff has identified an ongoing need for on-site security in this area. After an open application and interview process, Mr. Nathan Lawrence is considered the best candidate. Mr. Lawrence has direct and applicable experience in this area, having provided caretaker services at Big Break from 2012 to Mr. Lawrence is familiar with East Contra Costa County and the surrounding area and has experience in facilities maintenance and security. Staff recommends entering into a Caretaker Contract for Services Agreement for Big Break Regional Shoreline with Mr. Nathan Lawrence. The Agreement would be for one year, 38

40 commencing March 2016, with the possibility of two one-year term extensions upon mutual agreement by both the District and Mr. Nathan Lawrence. ALTERNATIVES None are recommended. 39

41 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO ENTER INTO A CONTRACT FOR SERVICES AGREEMENT WITH NATHAN LAWRENCE FOR CARETAKER SERVICES: BIG BREAK REGIONAL SHORELINE WHEREAS, the Contract for Services Agreement for Caretaker Services at Big Break Regional Shoreline is required to monitor the property for safety and security; and WHEREAS, an open application and interview process took place to seek out interested and qualified applicants for the position; and WHEREAS, as a result of the selection process, District staff recommends Nathan Lawrence to provide caretaker services for Big Break Regional Shoreline; and WHEREAS, the 2016 budget includes sufficient funding in the General Fund to cover associated payments to the caretaker; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes entering into a Contract for Services Agreement with Nathan Lawrence for one year, commencing March, 2016, with the possibility of two one-year term extensions upon mutual agreement between the District and Mr. Nathan Lawrence, for $6, per year, to increase by 1.5% annually during the term of this Agreement; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of the resolution. Moved by Director, seconded by Director, and adopted this 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 40

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43 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 i. Authorization to Extend the Bay Area Air Quality Management District Communication Site License: South County Corporation Yard: Lake Chabot Regional Park (Patterson/O Connor) The Board Operations Committee, by unanimous vote at its February 18, 2016 meeting, recommend that the Board of Directors extend the communication site license agreement with the Bay Area Air Quality Management District (BAAQMD) for a five-year term, and authorize the General Manager to extend the agreement for three (3) additional five-year terms, so long as BAAQMD is not in default under the terms of the lease, for the existing site at the South County Corporation yard at Lake Chabot Regional Park. REVENUE/COST The District will receive an annual fee of $ with a 5% annual increase. There is no cost to the District for this action. BACKGROUND In 1989, the Bay Area Air Quality Management District installed a meteorological system, and related equipment, on District property at the South County Corporation Yard at Lake Chabot Regional Park. The information gathered at the site provides data that helps improve Bay Area air quality. The weather monitoring system includes a tower, measuring instruments, a computer, a line for electric power and a telephone. The instruments on the tower measure wind speed, wind direction, temperature, and humidity. The data collected is stored in a small computer attached to the lower portion of the tower. The Bay Area Air Quality Management District is not proposing any change to the site. The facility is self-sufficient and requires very little maintenance. State employees rarely access the site. ALTERNATIVES None recommended. 42

44 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO EXTEND THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT COMMUNICATION SITE LICENSE: SOUTH COUNTY CORPORATION YARD: LAKE CHABOT REGIONAL PARK WHEREAS, in 1989, the Bay Area Air Quality Management District installed a meteorological system, and related equipment, on District property at the South County Corporation Yard at Lake Chabot Regional Park; and WHEREAS, the Bay Area Air Quality Management District has proposed to extend their communication license; and WHEREAS, The Bay Area Air Quality Management District is not proposing any change to the site and the facility is self-sufficient and requires very little maintenance; and WHEREAS, the Board Operations Committee at its February 18, 2016 has reviewed and unanimously recommended approval of this agreement by the full Board; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes extension of the Communication Site License Agreement at South County Corporation Yard, Lake Chabot Regional Park with Bay Area Air Quality Management District for a five-year term, and authorize the General Manager to extend the agreement for three (3) additional five-year terms, so long as BAAQMD is not in default under the terms of the lease, beginning June 1, 2016 for an annual fee of $ with 5% annual increase 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 1st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 43

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47 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 j. Authorization to Enter into a Communication Site License Agreement with State of California, Acting By and Through the Director of the Department of General Services, with the Consent of the California Highway Patrol: Vollmer Peak, Tilden Regional Park (Patterson/O Connor) The Board Operations Committee, by unanimous vote at its February 18, 2016 meeting, recommends that the Board of Directors enter into a communication site license agreement with State of California, acting by and through the Director of the Department of General Services, with the Consent of the California Highway Patrol for a five-year term, and authorize the General Manager to extend the agreement for three (3) additional five-year terms, so long as the State is not in default under the terms of the lease, for the existing communication site license at Vollmer Peak in Tilden Regional Park. REVENUE/COST The District can expect annual revenues of $43,200 for 9 racks of equipment at $400 per rack per month with an annual adjustment of 2.3%. Licensee fees currently due to District for October 2014 through January 2015 are $9,972.64, which will be paid with the first payment of the agreement. The road access fee, to the District, is $1,200. There is no cost to the District for this action. BACKGROUND The California Highway Patrol (CHP) would like to renew their expired license for use of the existing communication site facility located at Vollmer Peak in Tilden Regional Park. The CHP has been using this site since The site provides major primary frequency coverage for the western half of Contra Costa area and the northeastern portion of the San Francisco Bay area. In October 2014, without notifying the District, the State of California through the CHP assigned the license agreement to the Governor s Office of Emergency Services (OES) through an internal agreement. The OES has had a communication site license with the District for a multiple wave/radio communications system since September In addition, no payment was made for the OES equipment from October 2014 to today. License fees due and owing to District to account for racks previously licensed by OES total $9, and are due with the first payment of the agreement. 46

48 The State of California is not proposing any change to the site. The facility is self-sufficient and requires very little maintenance. State employees rarely access the site. ALTERNATIVES None recommended. 47

49 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO ENTER INTO A COMMUNICATION SITE LICENSE AGREEMENT WITH STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DIRECTOR OF THE DEPARTMENT OF GENERAL SERVICES, WITH THE CONSENT OF THE CALIFORNIA HIGHWAY PATROL: VOLLMER PEAK, TILDEN REGIONAL PARK WHEREAS, in 1968, a communication site license was granted to the State of California, California Highway Patrol at Vollmer Peak in Tilden Regional Park; and WHEREAS, the California Highway Patrol has proposed to renew their communication license; and WHEREAS, the California Highway Patrol assigned the District s site license to the Director of the Governor s Office of Emergency Services in October 2014 and will pay for unpaid fees for that license from October 2014 to January 2015; and WHEREAS, the Board Operations Committee at its February 18, 2016 has reviewed and unanimously recommended approval of this agreement by the full Board; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes entering into a Communication Site License Agreement with State of California, acting by and through the Director of the Department of General Services, with the consent of the California Highway Patrol for the existing site at Vollmer Peak in Tilden Regional Park for a five-year term, and authorize the General Manager to extend the agreement for three (3) additional five-year terms, so long as the State is not in default under the terms of the lease, for a monthly total of $3,600, with an annual adjustment of 2.3%, for nine racks and one reconciliation payment of $9, and other required fees 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 1st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 48

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51 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 k. Authorization to Enter into a Special Use Agreement with Newfoundland Club of Northern California: Del Valle Regional Park (Patterson/O Connor) The Board Operations Committee, by unanimous vote at its February 18, 2016 meeting, recommend that the Board of Directors approve a five-year special use agreement beginning April 1, 2016, and authorize the General Manager to extend the agreement for five (5) additional years with Newfoundland Club of Northern California. REVENUE/COST There is no direct cost to the District. The District will receive regular park use fees and up to two Special Event permit fees annually. BACKGROUND For the last 20 years four to six Newfoundland Club members train and test up to ten dogs in water rescue techniques weekly May through October at Hobie Point in Del Valle Regional Park. The Newfoundland Club of America Water Test is a special event sponsored each year by the Club in the fall at Del Valle Regional Park. This annual water test certifies the dogs for various levels of rescue and involves a series of exercises designed to show the instinctive and learned skills that have been a recorded part of the breed s history for centuries: a blend of obedience and taking commands from the handler, while utilizing their own intelligence and skills. The Club will pay the District regular park use fees, including daily rates for parking, dog, boat trailer, Quagga Zebra Mussel inspection, and reservable picnic site fees. The Club will process a special event request and pay $250, or the current special event permit fee, for the annual fall testing event. Staff recommends the Board Operations Committee approve and recommend to the full Board a fiveyear special use agreement beginning April 1, 2016, allowing for a second five-year term with the Newfoundland Club of Northern California to record the details of the use area and the continued activities for training and testing of water rescue techniques at Del Valle Regional Park. ALTERNATIVES None are recommended. 50

52 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO ENTER INTO A SPECIAL USE AGREEMENT WITH NEWFOUNDLAND CLUB OF NORTHERN CALIFORNIA: DEL VALLE REGIONAL PARK WHEREAS, Newfoundland Club of Northern California has held dog training and trials at Del Valle Regional Park for 20 years; and WHEREAS, Newfoundland Club of Northern California members wish to continue their relationship with the District and are requesting to renew their special use agreement; and WHEREAS, Newfoundland Club of Northern California will pay the District s regular park use fees, such as daily rates for parking, dog, boat trailer, Quagga Zebra Mussel inspection, reservable picnic site fees and special event permit fees for events; and WHEREAS, the Board Operations Committee at its February 18, 2016 has reviewed and unanimously recommended approval of this agreement by the full Board; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes entering into a five-year special use agreement and authorize the General Manager to extend the agreement for five (5) additional years for continued activities for dog training and testing of water rescue techniques at Del Valle Regional Park with the Newfoundland Club of Northern California beginning April 1, BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of the resolution. Moved by Director, seconded by Director, and adopted this 1st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 51

53 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 L. Authorization to Enter into a Contract with Taser International for Phase Two replacement of EMDT (Taser) Devices for District Police Officers (Brede/T. Anderson) The General Manager recommends the Board of Directors authorize a contract with Taser International of Scottsdale, Arizona, to complete the replacement of our remaining Electro- Muscular Disruption Technology (EMDT) model X26 devices, which are no longer supported by the manufacturer. This will complete the second part of the two-year process to replace our entire Taser fleet. Taser International has the sole patent on this technology. REVENUE/COST Funds for this proposed contract are available in the Public Safety 2016 budget, Account Staff has obtained a negotiated quotation of $27,145.20, which includes replacement of twenty-six devices including battery packs and holsters and one-year insurance plan (covering malfunctions or damage). BACKGROUND The Police Department has issued District police officers Taser EMDT s since Last year, the Board authorized (Resolution No ) the purchase of thirty-eight new Taser EMDT s (model X26P) in Phase One of a two-year total fleet replacement process. The older units are analog models that are no longer supported by Taser International due to upgrades in digital technology. We currently still have twenty-six older-model Taser EMDT s that need to be replaced by the new X26P model. The new models are all-digital technology designed to measures and regulate the output of the charge (unlike the older model which has fixed discharge technology); other new features include extended battery life, and improved built-in digital recording technology which monitors use and deployment. This purchase will ensure the District s police officers have the most up-to-date, less than lethal force option to successfully fulfill the mission of the organization; ultimately providing enhanced officer safety. Staff secured funds in the 2016 budget process to complete phase two of this transition. ALTERNATIVES No alternatives are recommended. 52

54 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO. : March 1, 2016 AUTHORIZATION TO ENTER INTO A CONTRACT WITH TASER INTERNATIONAL FOR PHASE TWO REPLACEMENT OF EMDT (TASER) DEVICES FOR DISTRICT POLICE OFFICERS WHEREAS, the Taser EMDT s that are currently issued to District police officers have reached their recommended replacement age; and WHEREAS, Taser International, of Scottsdale, Arizona, is offering a program allowing police departments to exchange their current Taser EMDT s and purchase new, improved EMDT s at a reduced cost; and WHEREAS, the Taser EMDT s would be used by District police officers during the course of their enforcement activities when necessary and appropriate; and WHEREAS, the District has secured funding in the 2016 budget in anticipation of this purchase; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby authorizes the purchase of twenty-six replacement Taser EMDT s for the Police Department from Taser International, of Scottsdale, Arizona, in the amount of $27, from existing ammunition and weapons supplies budget ; and BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on behalf of the District and in its name, to execute and deliver such documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. Moved by Director, seconded by Director and approved this 1st day of March 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 53

55 C. BUSINESS BEFORE THE BOARD 1. CONSENT CALENDAR RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 m. Authorization to Award Contracts for Goat Grazing Services to Goats R Us, Star Creek Land Stewards and Ecosystem Concepts: District-wide (McCormick/T. Anderson) The General Manager recommends that the Board of Directors authorize the award of three, contracts each with a three (3) year term to: Goats R Us, Star Creek Land Stewards, and Ecosystem Concepts totaling $1,427,091 to provide goat grazing services as a fire management tool in the current fuelbreak areas in the East Bay hills and other year-round vegetation management areas throughout the District. REVENUE/COST The cost of the recommended option is to select Goats R Us for Blocks 1 and 3 at an annual cost of $130,890, Star Creek Land Stewards for Blocks 2, 4, 5 and a portion of 6 at an annual cost of $302,133 and Ecosystem Concepts for the majority of Block 6 at an annual cost of $42,674. The total for all six blocks is $475,697 per year. Funding for the 2016 contract cost is appropriated and available in the Fire Department s 2016 Budget and has been appropriated and is available in General Fund, Measure CC funds and other OTA projects. Funding for the 2017 and 2018 years will be proposed in those budgets but in a different combination as some grants will expire. Funding Source 2016 Available Balance Proposed Encumbrance Vendor xxx $114,518 $39,715 Goats R Us xxx $515,739 $40,505 Goats R Us xxx $428,108 $10,420 Goats R Us xxx $1,047,947 $40,250 Goats R Us xxx-6191 $297,415 $169,397 Star Creek xxx $87,019 $74,139 Star Creek xxx $114,518 $11,538 Star Creek xxx $1,047,947 $47,059 Star Creek xxx $515,739 $42,674 Ecosystem Con Total $4,168,950 $475,697 54

56 BACKGROUND The District has utilized goat grazing for vegetation removal in fuelbreak areas since Land Use Plans and accompanying CEQA documentation for these parks (typically EIRs) provide for vegetation management, via grazing, as a fuels management and fire protection improvement measure. In addition, the District s Wildland Management Policies and Guidelines, adopted in 1992, and the 2010 Wildfire Hazard Reduction and Resource Management Plan identify grazing as a means to reduce vegetation to address both fire issues and for habitat improvement. In view of the varying nature of the grazing requirements among the several blocks, timelines involved, habitat and resource considerations, a Request for Proposals (RFP) was issued in lieu of a standard fixed bid contract. The RFP solicited divided grazing areas into six blocks. The District received proposals from three potential grazers: Goats R Us Ecosystems Concepts Star Creek Land Stewards $ 350,580 for 804 acres per year ($436/acre) $ 42,674 for 100 acres per year ($427/acre) $ 514,594 for 804 acres per year ($640/acre) Fire Department staff, in consultation with Stewardship and Operation s personnel, carefully considered all proposals, including the background, experience, and related qualifications. Price, estimated completion time, geographical location and operational capability were all evaluated. It was decided the six blocks, comprised of 804 acres, is an arduous task for one vendor alone to complete in the short timelines needed for safe removal of potentially hazardous vegetation. The best option was determined to be to select three proposers/vendors to cover the six blocks. Three vendors would allow for more flexibility in scheduling and allow for several areas to be covered simultaneously. The proposed award breakdown is: Goats R Us Ecosystems Concepts Star Creek Land Stewards $ 130,890 for 253 acres per year ($517/acre) $ 42,674 for 100 acres per year ($427/acre) $ 302,133 for 451 acres per year ($670/acre) ALTERNATIVES The Board could choose to select another combination of vendors/blocks; this alternative is not recommended. 55

57 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO AWARD CONTRACTS FOR GOAT GRAZING SERVICES TO GOATS R US, STAR CREEK LAND STEWARDS AND ECOSYSTEM CONCEPTS: DISTRICT-WIDE WHEREAS, in its 2016 Budget, the East Bay Regional Park District (District) appropriated General Fund, Measure CC and Other than Asset (OTA) funds for vegetation removal via goat grazing; and WHEREAS, the District actively searched for qualified vendors/bidders and solicited a Request for Proposal for goat grazing on District land for ; and WHEREAS, the District received three proposals from qualified bidders; and WHEREAS, Goats R Us, Star Creek Land Stewards and Ecosystems concepts are highly qualified bidders with the best value to the District; and WHEREAS, Operations, Stewardship and Fire Department staff have agreed the selection of this combination of bidders provides the best value and quality to the District; NOW, THERFORE, BE IT RESOLVED that the Board of Directors of the East Bay Regional Park District hereby authorizes the award of contract to: Goats R Us for amount not to exceed $130,890 per year, Ecosystem Concepts for amount not to exceed $42,674 per year, and Star Creek Land Stewards for amount not to exceed $302,133 per year for goat grazing services in the fuelbreak areas and other sites throughout the District for a three (3) year period ( ), and authorize the General Manager to extend the agreement for two additional years, so long as vendor is not in default under the terms of the agreement; 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 1 st day of March, 2016 by the following vote: FOR: AGAINST: ABSTAIN ABSENT: 56

58 REQUEST FOR PROPOSAL GOAT GRAZING 2016, 2017, AND 2018 BLOCK1-17 RTA S BLOCK2-4 RTA BLOCK3-6 RTA S BLOCK4-8 RTA S BLOCK5-10 RTA S BLOCK6-3 RTA S 57

59 OPERATIONS DIVISION

60 C. BUSINESS BEFORE THE BOARD 2. OPERATIONS DIVISION RECOMMENDATION AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 a. Authorization to Close the Anthony Chabot Marksmanship Range and for Staff to Negotiate a Six-Month Lease Extension with the Chabot Gun Club for a Transition Period: Anthony Chabot Regional Park (Victor/O Connor) The General Manager recommends that the Board of Directors ( Board ) proceed with closure of the Anthony Chabot Marksmanship Range and authorize staff to negotiate a sixmonth lease extension with the Chabot Gun Club ( Gun Club or CGC ) to provide a period for them to wind down operations. A transition period will allow public safety and other users to make arrangements for other facilities and for staff to begin the necessary planning to close and remediate the site. The recommendation to close the range is due to the presence of extensive lead contamination associated with over 50 years of range operations. The basis for the recommendation is summarized as follows: 1. The site is contaminated with over 50 years of accumulated lead. Lead poses significant risks to human health and the environment. Allowing lead contamination to remain on public watershed lands is not consistent with the Park District s mission of environmental stewardship. 2. Due to the extensive lead pollution on the range and complex new regulatory requirements, management of stormwater will remain an on-going concern that will require substantial oversight and the long-term commitment of staff and consultant resources. 3. The Park District s cost estimates for managing stormwater are significantly higher than the Gun Club s, and staff concludes that the Gun Club s proposal will be insufficient to ensure that the Park District remains in compliance with its Industrial General Permit ( IGP ) and meets the Park District s standards of environmental stewardship. 4. The Gun Club lacks the financial capacity to institute the stormwater controls necessary to manage stormwater over the long-term and to address the pollution created from decades of range use, or the ability to insulate the Park District from environmental 58

61 liability from citizen suits or regulatory orders. The Park District bears the risks of noncompliance with environmental laws and the potential liabilities associated with the pollution at the range. REVENUE / COST During the period of a six-month lease extension, the Park District anticipates it will continue to receive fees of approximately $20,000 to $40,000 from the Gun Club. Any revenues received will likely be offset by staff and consultant costs needed for oversight of range operations, especially in the area of stormwater compliance. In addition, closure of the range will result in significant additional costs to the Park District in characterizing the extent of pollution at the site and preparing and implementing a remedial action plan. These costs are discussed further below. Staff will return to the Board to appropriate required funding as the specific needs are identified. BACKGROUND The Gun Club is located in an enclosed valley in Anthony Chabot Regional Park near the campground. There are a total of eight individual shooting ranges at the site, including ranges for trap shooting, long-range shooting, law enforcement training, and special events. According to the Gun Club s figures, the gun range sees between approximately 45,000 50,000 visits each year. The largest user group is individual members of the public, followed by federal military contractors, then federal and local law enforcement agencies. The Park District s public safety department trains at the range. The range has operated in Anthony Chabot Regional Park since A 25-year lease extension was entered into in 1989, and set to expire on January 1, The Gun Club requested that a new lease be negotiated. The Board approved a one-year extension until December 31, 2015 to allow certain studies to be performed, including stormwater and noise studies. Beginning in August 2015, there were a series of public meetings wherein staff presented an informational report on the conditions of the range including the findings of the stormwater and noise studies. Among other things, the informational report found that 1) lead releases into the stormwater is a serious concern and would be costly to address; 2) the facilities were aging and approaching the end of their useful life; and 3) clean-up of the lead pollution from the range would be expensive, anywhere between $2 million and $20 million. (See Informational Report dated October 28, 2015.) Following these meetings, the Gun Club requested additional time to submit a proposal on how it would address the environmental issues raised in the report. The Gun Club was granted a three-month extension of their lease to and including March 31, 2016, and given until January 15, 2016 to submit a cost proposal for addressing the environmental concerns raised in the report. The proposal is summarized below. Overall, the Gun Club has an excellent safety record and has provided a valued recreation resource to members of the public. However, regulations, which are based on new understandings of the threat that lead in the environment may pose, have changed significantly 59

62 since the range was first constructed. These regulations, meant to protect human health and the environment, make continued operation of the range more difficult and expensive. Site Constraints and Regulatory Background A significant issue with the range is managing stormwater discharge. The gun range was constructed within a large watershed. The site was graded and channels culverted. Storm drains constructed in the middle of the range convey flow downstream and ultimately drain to Lake Chabot approximately 1.5 miles away. Lake Chabot is maintained as a secondary emergency drinking water source by EBMUD. When it rains, the lead present in the backstops and the floor of the range can wash into the storm drains and potentially discharge from the site. Typical BMPs, like fiber rolls and gravel bag berms, are largely ineffective in managing the complex chemistry associated with lead discharges. More complex BMPs are required. It is safe to say that given the site constraints, the range would never be constructed in this location today. Stormwater runoff at the range is being regulated under the General Permit for Storm Water Discharges Associated with Industrial Activities or the IGP. The requirement to comply with the IGP arose from concerns raised by Alameda County Environmental Health Department in 2009 regarding the site. Responding to the County s concerns, the Regional Water Quality Control Board, San Francisco Bay Region ( RWQCB ) determined that the gun range should be regulated under the IGP. The Park District is the permittee under the IGP. The IGP, at a statewide-level, underwent significant revisions in The revised permit greatly increases the requirements and complexity associated with permit compliance and requires increased BMPs, monitoring, reporting, and staff training. All of the data associated with IGP is uploaded to the RWQCB website and is publically available. The failure to comply with the permit results in increasingly stringent requirements and ultimately subjects dischargers to potential fines or orders for corrective action. Third-party citizen suits may also be brought, including penalties to achieve compliance. Under the IGP, compliance status is designated as: a) Baseline; b) Level I; or c) Level 2 based on concentrations of pollutants in stormwater discharges. All facilities start at Baseline and progress to Level 1 and then Level 2 if concentrations exceed the Numeric Action Levels ( NALs ) established in the permit. Any level outside of Baseline requires additional compliance measures and increased costs. Level 2 requires, for example, that a detailed exceedance response report and action plan be prepared by a stormwater expert. If this site goes into Level 2, the IGP will require the implementation of an intensive treatment system to reduce the amount of lead in stormwater. Another significant issue with the gun range is managing ongoing operations consistent with federal and state hazardous material laws and regulations. Although the EPA does not treat lead soils on active ranges as hazardous waste (provided certain range management practices are observed), state law is not so clear. Further, there is liability for lead contamination on active ranges under federal law if there is an actual or potential imminent and substantial endangerment. California state law is less clearly defined and any continued operation of the range should involve consultation with the Department of Toxic Substances Control, which has 60

63 jurisdiction over California hazardous wastes. Stormwater Sampling at the Chabot Gun Range Currently, the gun range is in Baseline status. However, lead concentrations exceeded the total lead NAL (0.262 micrograms per liter or 262 ug/l) in 11 of 16 samples collected between the years 2010 and The Park District samples collected on November 9, 2015 (6,200 ug/l for total lead) and December 3, 2015 (33,000 ug/l for total lead) exceeded the NAL for lead. While the most recent samples taken in January 2016 indicated no exceedance of the NAL, the lead concentrations of approximately 210 ug/l were still elevated and demonstrate the risk of non-compliance associated with operating the site without additional BMPs in place. Two independent environmental consultants retained by the Park District, Geosyntec Consultants ( Geosyntec ) and Erler & Kalinowski, Inc. ( EKI ), have advised staff that the gun range will likely enter into Level 1 status in July 2016 based on all data collected to date. In addition, unless costly improvements are implemented promptly the gun range will likely enter Level 2 the following year. The Park District is the permit holder and holds the direct risk and liability due to any non-compliance with the permit. CHABOT GUN CLUB S PROPOSAL FOR CONTINUED OPERATION Initial Proposal The Gun Club submitted a proposal on January 15, 2016 as required by the terms of the lease extension. The proposal suggested managing stormwater through a multi-year, iterative process. The Gun Club asserted that the costs of approximately $48,000 would be sufficient to manage the site in compliance with the IGP and up to a maximum of $89,000 if a stormwater treatment system (e.g. a pump and treat system) is needed. Under its current budget, the Gun Club said it could manage costs up to $100,000 - $112,000 for environmental compliance. To the extent that annual compliance costs were less than the budgeted amount, the Gun Club proposed saving the difference to a closure fund that could be applied to remediation of the site. The Gun Club requested a 10-year lease extension. Park District staff found this initial proposal inadequate to address environmental conditions at the site. The projected stormwater management costs in the Gun Club s proposal are significantly lower than either of the Park District s cost estimates. Also, the plan did not address the immediate need to reduce lead concentrations in stormwater discharge which are necessary to keep the site from entering Level 2 compliance status. Furthermore, the proposal showed marginal solvency of the Gun Club going forward, even under the Gun Club s low-cost projections. The Gun Club was relying on largely speculative third party donations and increased event revenues. The Gun Club has since acknowledged that under its existing budget, rising costs of the environmental program have placed CGC in a position of non-sustainability and that without reduced costs or additional revenue, the CGC will fail due to economic insolvency. (See Supplemental Proposal dated February 12, 2016.) In response to Park District staff s comments, the Gun Club s representatives stated they had been under the impression that a fee increase would not be permitted by the Park District, notwithstanding the fact that 61

64 Park District staff had identified a surcharge as a possible scenario in staff s Informational Report dated October 28, After discussion with the Club s representatives, the Gun Club indicated it would submit a supplemental financial proposal reflecting a fee increase. Supplemental Financial Proposal The Gun Club submitted a supplemental financial proposal on February 12, 2016; and an updated proposal on stormwater management on February 16, The Club also requested that the Board postpone a decision and extend the lease for another 60 days to allow discussions on stormwater management to continue. The supplemental financial proposal presented by the Gun Club is difficult to understand and contains internal inconsistencies. However, the key proposal is the imposition of an environmental surcharge on range users of $6 beginning in The Gun Club estimates that the surcharge will yield approximately $265,863 to $318,000 annually over the life of a 10- year lease which could be used to manage stormwater and to build a closure fund to remediate the site. The Gun Club estimates the potential to generate up to $2.9 from the surcharge over the life of a 10 year lease. Chabot Gun Club s Supplemental Proposal for Stormwater Management The Gun Club s February 16, 2016 proposal for stormwater management involves blocking the storm drains on the ranges and retaining the waters on site. A stormwater treatment system would then be utilized to treat the water before it is discharged from the site. The Gun Club anticipates that this approach will cost approximately $234,990 initially and then $52,700 annually. Any amounts not spent on stormwater compliance from the environmental surcharge could be placed in a closure fund to help fund remediation at the gun range. PARK DISTRICT S EVALUATION OF CHABOT GUN CLUB S PROPOSAL Park District staff notes that the Gun Club s projected budget relies on optimistic assumptions, including receiving donations in the amount of $40,000 each year over the life of a lease extension; little to no attrition of range users with the increased fees; and that labor and consultant costs will rise minimally. (See pages of Supplemental Proposal). However, the primary concern with the Gun Club s proposal is that the Park District s experts believe that the site will require a much costlier investment in a stormwater treatment system to ensure compliance with the IGP and that the Gun Club, even with a surcharge, cannot sustain such costs. In early 2015, the Park District retained Geosyntec to assist in evaluating conditions at the range and to make suggestions for advanced BMPs to prevent lead discharges from the site. Geosyntec s opinion was that it would cost $2.1 million in capital funds to implement site improvements and $190,000 for annual operation and maintenance and regulatory compliance. To address the concern with dual competing expert opinions on the part of the Park District and the Gun Club, the Park District retained a second consultant, EKI, to evaluate both Geosyntec s and the Gun Club s proposals and to make recommendations for stormwater 62

65 management at the site. (See EKI s Report dated February 23, 2016.) EKI, like Geosyntec, concluded that the Gun Club s iterative, trial-and-error approach to BMP implementation would not be sufficient to avoid entering Level 2 compliance status. However, all of the consultants, including the Gun Club s, agree that some form of end of pipe stormwater treatment system, whereby the water is treated and filtered before being discharged, is appropriate at the site. The consultants, however, disagree on the costs of implementing, operating and maintaining such a system. Additionally, the Gun Club s approach to retaining stormwater on the range is also problematic. EKI acknowledges that this type stormwater retention may be suitable when focusing solely on IGP compliance. However, EKI has expressed concerns about using ponding as a long-term strategy unless additional studies are done to evaluate i) the potential impacts to groundwater due to downward migration of lead; ii) the effect on lead concentrations in stormwater discharges; and iii) whether elevated concentrations of lead in ponded water would prompt other regulatory requirements for managing hazardous wastes. Additionally, EKI has noted that compliance with the IGP and the mitigation of lead discharges in stormwater are not necessarily synonymous and that significant discharges of lead could still occur despite technical compliance with the IGP. Notwithstanding these concerns, EKI has developed a cost estimate below (Alternative 4) that incorporates the Gun Club s proposal to allowing ponding on the range. EKI recommends the permanent installation of either a fine filtration treatment system (Alternative 2) or a fine filtration and dissolved lead treatment system (Alternative 3). EKI concludes that an initial capital investment of $820,000 to $1,100,000 is required and annual operational and maintenance and regulatory compliance costs will be between $170,000 to $210,000 annually. 1 EKI s estimate is as follows: Alternative Alternative 1- Coarse Filtration (not recommended) Opinion of Probable Costs Capital Cost Annual Cost 10-Year Present Worth of Cost 2 $600,000 $150,000 $1,900,000 Alternative 2 - Fine Filtration $960,000 $180,000 $2,500,000 Alternative 3 - Fine Filtration and Dissolved lead Treatment Alternative 4 Fine Filtering with Reduced Range Improvements $1,100,000 $210,000 $2,900,000 $820,000 $170,000 $2,300,000 1 These estimates include costs necessary for planning, project management, engineering, construction and an allowance for unforeseen costs. 2 Present worth of cost is calculated for a 10-year return period discounted at a rate of 2.9% per the federal Office of Management and Budget, Circular A-94, Appendix C as revised November

66 As can be seen from EKI s estimate, the amount the Gun Club expects to raise with a $6 environmental surcharge over 10 years would barely cover the costs of a permanent stormwater treatment system. Further, the Gun Club does not have sufficient funds to cover the initial capital expenditures. Any anticipated closure fund the Gun Club hopes to create with the surcharge would be eliminated by these costs. Park District staff concludes that the Gun Club, even with an environmental surcharge, can no longer afford to operate the range to the standards required by the Park District. Furthermore, the Park District holds the direct risk of non-compliance with the IGP and bears the risks associated with the Gun Club s lack of financial capacity. LEAD CONTAMINATION ON THE ANTHONY CHABOT GUN RANGE Tons of Lead Likely Remains on Site Aside from stormwater pollution, the other environmental concern with continued operation of the range is the legacy of over 50 years of lead accumulation at the range. Lead bullets and shot have been used continuously since the gun range opened in 1963, and lead ammunition is still used at the range today. Other than some limited efforts by the Gun Club to reclaim lead from spent bullets in the 1990s, lead has accumulated on the site for over 50 years. The Gun Club does engage in some lead recycling as part of good housekeeping practices; but based on the years of operation and the number of users, it is estimated that many tons of lead are present in the soil at the site. For example, in the attached article Warning on lead fallout at gun clubs dated September 28, 2008, the Coast Guard estimated that the trap and skeet range in Petaluma accumulated 7 tons of lead in a single year of operation. At the Pacific Rod and Gun Club at Lake Merced, after 40 years of range use, the San Francisco Public Utilities Commission ( SFPUC ) dredged nearly 128 tons of shot in a lead reclamation effort in Human Health and Environmental Risks of Lead When the Anthony Chabot gun range was constructed, the environmental and health risks of lead in the environment were not widely recognized. Firing ranges contaminate the soil with lead from shot, bullets, and bullet fragments. Lead oxidizes when exposed to air and dissolves when exposed to acidic water or soil. Lead bullets, bullet particles, or dissolved lead can be moved by stormwater runoff or can migrate to shallow groundwater. The fragments in soil can be dispersed through the air as windblown dust and can be transported to other areas. 3 Lead is considered particularly dangerous to humans because it targets the nervous system. Lead toxicity causes many health risks including anemia, brain damage and neurological disorders, kidney damage, reproductive disorders and memory problems. Children are especially vulnerable. The CDC has identified human exposure to lead as a major health concern. Lead also adversely affects wildlife. 3 U.S. EPA, Best Management Practices for Lead at Outdoor Shooting Ranges 64

67 Potential Remediation Costs Based on site operations, a literature review and comparison to other ranges, preliminary estimates are that closure of the Chabot range could be between $2 million to $20 million depending on the method of clean-up approved by the California Department of Toxic Substances Control. Park District staff has previously utilized $6.5 million as an approximate middle range for clean-up costs, but until the site is characterized and a remedial plan prepared, actual costs are only rough estimates. In addition, if the range is closed there will still be a need for interim stormwater management measures pending remediation which will result in additional costs not taken into account in the remediation estimates. Other Public Ranges Closed Due to Lead Contamination The problem of lead contamination is an issue faced by all gun ranges that have historically used lead ammunition and a particular problem for public agencies who have leased public lands for such uses. Recent history has shown that small non-profit gun clubs that have traditionally operated these ranges frequently have trouble managing the outsized liabilities associated with the lead pollution created overtime. SFPUC closed two shooting ranges under remedial orders from the RWQCB. One was the Peninsula Gun Club in Menlo Park. There, the gun club declared insolvency after receiving the RWQCB remedial order and SFPUC had to step in and manage the closure. Clean up costs were in excess of $25 million. In addition, the Pacific Rod and Gun Club at Lake Merced closed in 2014 after almost 60 years of operation. Even though Pacific Rod and Gun Club had ceased using lead in 1994, costs of clean up from the historic lead contamination were over $22 million. As described in the attached article entitled Closure of shooting range provokes an unusual clash the military has also closed a popular shooting range due to lead contamination. The public range at the Miramar military base was closed in 2008 due to lead being found in a dry streambed and potentially impacting endangered species. Clean up of the site is estimated in excess of $20 million. Indoor ranges too face issues with managing airborne lead dust. The City of Sacramento recently closed an indoor range determining that lead levels at the indoor range were a health hazard and it was too expensive to rehabilitate the building and ventilation system at a cost of $2 million. CONCLUSION The bottom line is that the gun range is polluted and, ultimately, this is inconsistent with the Park District s mission that an environmental ethic guides the District in all of its activities. Continuing operation of the range means allowing the lead pollution to continue. Due to the ongoing costs of managing the site in compliance with the IGP, continued operation will require a costly investment in a stormwater treatment system and increased oversight by the Park District. These costs will offset any proposal by the Gun Club to build a meaningful closure fund over time. In addition, the Park District and the Gun Club will be at risk of third-party citizen 65

68 lawsuits under state and federal environmental laws and/or regulatory orders. The Gun Club is not financially capable of answering these lawsuits and protecting the Park District from liability. The Park District will bear the primary risks of continued operation with no ability to manage those on-going risks through environmental insurance, performance bonds or meaningful indemnity agreements. For these reasons, the General Manager and Park District staff recommends closure of the range. As part of closure of the range, Park District staff recommends that the Board authorize District Counsel to negotiate a six-month extension of the Gun Club s lease to allow for a wind-down period. This lease extension will allow the public and public safety users to make arrangements for use of other facilities. In addition, it will allow the Park District to begin planning for closure, including entering into discussions with the regulatory agencies and undertaking site characterization studies. Any period of extension should be contingent on 1) the Gun Club s cooperation with the Park District in locating records and documents associated with its operation of the range; 2) its assistance in locating historic insurance policies; 3) the Gun Club s commitment to vacate the site at the end of term; and 4) such other terms and conditions that may be appropriate to ensure an orderly closure. ALTERNATIVES Lease Extension of 12 Months as a Wind-Down Period As an alternative, the Board could give the Chabot Gun Club up to 12 months to wind-down operations. The Board should be aware that the longer the period of a lease extension the more uncertainty and cost associated with managing stormwater. Twelve months is the maximum period that staff would recommend and there will continue to be uncertainty with IGP compliance during any such extension. Lease Extension of 60 Days Requested by Gun Club to Allow Discussions to Continue The Gun Club has requested that a lease extension of 60 days be granted and that the Board postpone making a decision on the range. The purpose of the extension is to allow continuation of discussions with the Park District s experts regarding the management of stormwater. This alternative is not recommended. While managing stormwater is critically important to ensure lead does not leave the site in runoff, ultimately the soil contamination on site must be addressed to protect human health, surface waters, wildlife, and the environment. The Park District s two independent consultants have concluded that significant and costly controls and/or treatment are needed to manage stormwater of the site over the long-term. The Park District can continue to study and evaluate the range and stormwater controls, but those studies will be costly and not change the conclusion that the site is polluted with over 50 years of lead accumulation. No Lease Extension - Lease Terminates on March 31,

69 The Board could choose not to allow any transition period in which case the lease would end by its terms on March 31, This alternative is not recommended. Immediate closure of the range would not allow users, including public safety users, sufficient time to locate other facilities. In addition, Park District staff would lose the benefit of additional time to plan for closure of the range in a more orderly fashion. Lease Extension of 10 Years The Board could direct staff to begin negotiations for a long-term lease extension of 10 years as requested by representatives of the Gun Club. A long-term lease extension would require environmental review under CEQA. Staff does not recommend this option for all of the reasons stated above. ATTACHMENTS The attachments are available for public review at the Park District Headquarters and on the Park District s website at or by calling the Clerk of the Board at Informational Report dated October 28, Proposal from the Chabot Gun Club dated January 15, Supplemental Financial Proposal from the Chabot Gun Club dated February 12, Updated Proposal on Stormwater Management from the Chabot Gun Club dated February 16, EKI Report dated February 23, News Articles 67

70 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO.: March 1, 2016 AUTHORIZATION TO CLOSE THE ANTHONY CHABOT MARKSMANSHIP RANGE AND FOR STAFF TO NEGOTIATE A SIX-MONTH LEASE EXTENSION WITH THE CHABOT GUN CLUB FOR A TRANSITION PERIOD: ANTHONY CHABOT REGIONAL PARK WHEREAS, a marksmanship range has operated in Anthony Chabot Regional Park since 1963; and WHEREAS, the Park District and the Chabot Gun Club ( Gun Club ) entered into a 25- year Lease Agreement ( Lease ) on May 8, 1989, wherein the Park District granted the Gun Club a license to operate and expand the marksmanship range and facilities; and WHEREAS, the Gun Club requested that the Park District negotiate a new term of the Lease; and WHEREAS, through a series of amendments, the Lease was extended through March 31, 2016, while Park District staff performed evaluations of the range, including studying stormwater, noise impacts, and the condition of the facilities; and WHEREAS, the Gun Club submitted a financial proposal for continued operation of the range; and WHEREAS, due to the extensive lead pollution on the range and complex new regulatory requirements, management of stormwater will remain an on-going concern that will require substantial oversight and the long-term commitment of staff and consultant resources; and WHEREAS, the Park District s cost estimates for managing stormwater are significantly higher than the Gun Club s, and the Gun Club s financial proposal is insufficient to ensure that the Park District remains in compliance with its Industrial General Permit ( IGP ) and meets the Park District s standards of environmental stewardship; and WHEREAS, the Park District bears the risks of non-compliance with environmental laws and the potential liabilities associated with the continuing lead pollution at the range; and WHEREAS, the site is contaminated with over 50 years of accumulated lead and allowing it to continue on public watershed lands is not consistent with the Park District s mission of environmental stewardship; and WHEREAS, the General Manager and Park District staff recommend that the Anthony Chabot Marksmanship Range be permanently closed; and 68

71 WHEREAS, it is appropriate to offer the Gun Club a six-month Lease extension to allow them to wind-down operations and to allow public safety and other users to locate to other facilities; and WHEREAS, a short-term extension of the Lease will allow staff to begin the necessary planning for closure and remediation of the range; and WHEREAS, any such Lease extension should be contingent on 1) the Gun Club s cooperation with the Park District in locating records and documents associated with its operation of the range; 2) its assistance in locating historic insurance policies; 3) the Gun Club s commitment to vacate the site at the end of the term; and 4) such other terms and conditions that may be appropriate to ensure an orderly closure; and WHEREAS, a short-term extension of the Lease is exempt from CEQA pursuant to CEQA Guidelines ( Existing Facilities ); and NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay Regional Park District hereby determines that the Chabot Gun Range should be closed and authorizes Park District staff to begin the necessary planning to proceed with closure of the range; and BE IT FURTHER RESOLVED that District Counsel is authorized to negotiate a sixmonth Lease extension with the Chabot Gun Club to permit continued operations during a transition period; 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 intention of this resolution. Moved by Director, seconded by Director, and adopted this 1 st day of March, 2016, by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 69

72 BOARD AND STAFF REPORTS

73 C. BUSINESS BEFORE THE BOARD 3. BOARD AND STAFF REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 a. Actions Taken By Other Jurisdictions Affecting the Park District (Doyle) City of Oakland Brooklyn Basin On Tuesday, February 16, 2016, the Oakland City Council voted to uphold the Oakland Planning Commission s December 16, 2015 approval of the Final Development Permit (FDP) for Shoreline Park at Brooklyn Basin and passed a resolution denying the appeal case contesting the Planning Commission s approval. The Shoreline Park project approval included demolition and retention of portions of the 9 th Avenue Terminal, and determined the Oak to Ninth Avenue Project EIR as adequate under CEQA for the project. Brooklyn Basin is a 64-acre site on the Oakland Esturary south of the I-880 Freeway. Shoreline Park is the southeastern-most park in Brooklyn Basin and is located on the waterfront along 10 th Avenue, where the 9 th Avenue Terminal is currently located. The Planning Commission first considered the FDP for Shoreline Park in October 2015, but following numerous public comments regarding the initial plan for the park, the developer, city staff, committee members and the public participated in a redesign process that resulted in the current plan approved by the Planning Commission and City Council. The redesigned plan for Shoreline Park includes interpretive and public art features, retains the interior truss of the 9 th Avenue Terminal as a shade structure, includes a grand gathering space and incorporates more water access. The District has maintained an active interest in this project because of the San Francisco Bay Trail segment that will be constructed through the Brooklyn Basin project site. City of Antioch Vineyards at Sand Creek On Tuesday, February 9, 2016, the City of Antioch City Council voted unanimously to certify the Environmental Impact Report (EIR), General Plan Ammendment, Development Agreement, rezoning and Vesting Tentative Amendment for the Vineyards at Sand Creek Project (Project). The Vineyards at Sand Creek Project would include up to 650 single family homes on acres located in southern Antioch along Sand Creek. The Project would include construction of a portion of the Sand Creek Trail and as mitigation for the Project, the project is required to protect an additional 272 acres near Marsh Creek adjacent to Round Valley Regional Preserve. The EIR proposes the Park District as a potential easement holder. The District has maintained an active interest in the Vineyards at Sand Creek Project and other projects in the Sand Creek Focus Area because of their proximity to the District s parklands at Deer Valley and Black Diamond Mines, as well as the regional trail connections. 70

74 GM COMMENTS

75 C. BUSINESS BEFORE THE BOARD AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, GENERAL MANAGER S COMMENTS STAFF PRESENTATION No Presentation GM COMMENTS OPERATIONS DIVISION Interpretive and Recreation Services Department Northwest Region Coyote Hills: During the month of January, four new docents received interpretive training to provide support for naturalist programs. Crab Cove: On January 30, naturalist staff from Crab Cove led a hike at Sibley Volcanic Regional Preserve. Social media and good weather contributed to a high turnout of 70 people. Of the visitors in attendance, approximately 50% heard about the program through the District s and Crab Cove s Facebook pages; 25% percent through Regional in Nature and the District website; and 20% percent through the website San Francisco Fun Cheap. Tilden Nature Area: On January 24, interpretive student aides provided 63 park visitors a handson rabbit talk at the Little Farm. Southeast Region On January 18, Martin Luther King Regional Shoreline staff, together with community services/volunteers, worked with 252 members of the public who participated in the MLK Day of Service. The joint effort provided a total of 756 volunteer hours. Ardenwood: On January 23, over 308 visitors participated in interpretive programs focused on the overwintering monarch butterflies. The programs continued into early February. Big Break: During January and February, the Visitor Center hosted three tours for the Metropolitan Water District. One tour included ten leading economists and professors from around the world who are part of an international conference on water pricing. Community Outreach Several departments collaborated to host the District s 2nd Annual Youth Job fairs on January 30 at the Big Break Visitor Center at the Delta, and on February 6 at the Trudeau Training Center. Over 71

76 400 youth, ages 15-24, attended these events which highlighted seasonal jobs and volunteer opportunities in the District. Business Services Department Reservations On February 2, registration opened for summer day camps with some of the camps nearly selling out the first week. Tilden Little Farm Camp is at 94% enrollment and Camp of the Wild at 72%. Park Operations Department Shoreline Unit Martin Luther King: On January 18, the Martin Luther King Day of Service event attracted 252 volunteers who removed 3,200 pounds of trash from Airport Channel and Damon Marsh; youth program participants spread mulch and planted 26 plants in the Martin Luther King Jr. Memorial Grove. Recreation Areas Unit Don Castro: During the month of January, staff, along with the Napa California Conservation Corps (CCC), completed the park drought project. Turf was removed under four picnic sites and replaced with decomposed granite. Temescal: On January 22, Roads and Trails staff completed emergency work to remove tulles at the dam spillway. They removed over 2,500 cubic feet of material, which was preventing water from flowing over the spillway, and subsequently flooding the adjacent lawn and beach areas. Delta Unit Martinez Shoreline: Shoreline staff removed over a dozen hazardous trees in various locations throughout the park. Some had fallen during the early winter storms, while others were standing dead. East County Trails/Big Break: Staff members collaborated to rescue an owl caught in fishing line and suspended in midair at the Big Break Pier. Once freed the owl was able to fly away. Interpretive Parklands Unit Morgan Territory: On January 26, Director Burgis, Doug McConnell, and a small film crew visited the park to film a feature story about Marsh Creek on McConnell s television show Open Road. Parkland Unit Anthony Chabot: As a result of significant rainfall, the Columbine Trail was closed due to unsafe trail conditions caused by surface water runoff and a large fallen eucalyptus tree blocking the trail. Staff from Anthony Chabot, Redwood, and Wildcat Canyon Parks worked together to successfully remove the tree and re-open the trail. Redwood: A joint crew from Redwood, Tilden, Sibley, and Roads and Trails, completed the rehabilitation of the Skyline Staging Area. A new water fountain was installed, the entry sign was repainted, and new posts were installed. Two cubic yards of soil and two yards of small pumice stone were added to the landscaping bed to increase drainage and improve planting conditions. 72

77 Lakes Unit Coyote Hills: Staff replanted the beds near the entrance of the visitor center with an Ethno-Botany Garden. The new garden will reflect plants Ohlone People would have used in their daily life. This will increase and improve educational opportunities for the naturalists and update the front entrance at the visitor center. Quarry Lakes: The water level at Quarry Lakes has peaked to 36 feet reached the overflow. This is the fullest the lake has been in 4 years. Horseshoe Lake is projected to stay at this level until June. Maintenance and Skilled Trades Department Contract Unit Camp Arroyo: The HVAC systems in the cabins were in poor condition. It was determined new ductless split systems would be less costly and more efficient than rebuilding the old systems. All of the cabins now have operating heating and cooling systems, with minimal loss of cabin use. Fleet Unit Tilden Corp Yard: Staff is waiting for the last 13 fleet replacements to be delivered for Delivery is anticipated during the first quarter of 2016 with the exception of the sanitation truck which is expected in second quarter of State Bid Vehicle Contracts (except police vehicles) expired February 2, A cost increase of at least 3% is anticipated with the new contracts. Replacement of all vehicles slated for 2016 will proceed with the increase. 73

78 MEMO DATE: February 24, 2016 TO: Board of Directors FROM: Robert E. Doyle SUBJECT: General Manager s Communications No key correspondence was received by the General Manager s Office between February 6, and February 24, No key correspondence was sent out by the General Manager s Office between February 6, and February 24,

79 BOARD COMMITTEE REPORTS

80 C. BUSINESS BEFORE THE BOARD 6. BOARD COMMITTEE REPORTS AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, 2016 Present a. Operations (Thursday, December 17, 2015) (Siden) Board: Directors Doug Siden (Chair), Diane Burgis, John Sutter Staff: Jim O Connor, Mimi Waluch, Denise Valentine, Renee Patterson, Noah Dort, Anne Kassebaum, Kate Collins, Ira Bletz, Alicia Gonzales Guests: No guests 1. Update Open House Tours: Black Diamond Mines Regional Preserve Supervising Naturalist Kate Collins shared with the Committee a detailed overview of the mine through a PowerPoint presentation. Ms. Collins reviewed and discussed the mine tours, types of groups who visit, attendance during the peak season and the mine open house program. Marketing efforts were increased in 2015, in order to attract more park users. Combined mine open house attendance increased 50% with the 5 yearly events attracting an average of 529 participants and serving 2,647 in total. Ms. Collins relayed the results of the Mine Open House Survey, which captured information from attendees on how they learned about the event. The goal is to expand the event for above ground activity for children under the age of 7 years. The record of attendance at the mine open houses was broken in 2015 with over 900 people at the event. One challenge with increased attendance is people having to wait in line due to the mine capacity of a maximum of 100 people. Director Siden commended on the statistics provided on attendance in the presentation. He inquired if graphs were kept with prior year attendance. Ms. Collins will provide a copy of the graph for the past eight years. Director Siden questioned if we discourage people from attending the events due to the waiting time. Ms. Collins commented we could look into transportation to the mine from the parking areas and possible from town. Director Siden inquired how many school groups are being serviced. Ms. Collins replied approximately 6,000 students coming on weekday field trips with almost the same amount of public on the weekends. 75

81 Director Burgis questioned why the mines are closed on weekends from December through February. Ms. Collins stated it is typically cold during the winter and you have to walk to the mines. The mine safety work is typically done during this time. Director Sutter inquired on the longest wait time to enter the mines. Ms. Collins responded most people do not attend in a steady stream. It is estimated the wait time is approximately minutes, when busy. Director Sutter inquired how many people can be accommodated during an hour. Ms. Collins responded at peak capacity it is approximately 30 minutes with 200 visitors. Director Burgis recommended providing counters to attendees to track the time in the mines. Director Siden inquired on bats in the mines. Ms. Collins replied there is a small population of bats in the mines Committee Work Plan Year-end Final Business Services Manager Mimi Waluch provided a copy of the final report and reviewed the progress of the year-end plan for 2015 and items on the plan for Ms. Waluch began by pointing out on page 3, that items were duplicates. Policy Reviews and Recommendations Item 1. Director Sutter inquired on how we determine the right cost for the sites. Ms. Waluch replied we compare costs with other agencies, cities or private sectors. We do a formal inquiry where we request this information from other agencies. If the District obtains a certain CPI, the other agencies receive the same and follow in the District s footprint. Director Sutter inquired on the response of private owners. Ms. Waluch indicated they are not as likely to respond as they do not favor the cell towers in their neighborhoods. Private companies are also reluctant to provide information as they consider the District competitors. Concessionaire and Special Use Agreement Reviews and Recommendations Director Sutter inquired on how this is in compliance with our Master Plan in reference to leases and concessions being money makers and to what extent this is the case so that we know that we are on tract. AGM O Connor commented that Management Analyst Alicia Gonzales is working on gathering the data for concessions to determine overall net cost to the District. This information will be reported out in 2016 at a Board Operations Committee meeting. Director Burgis inquired on the timelines for the lease agreements including start to end dates. Item 6 - Director Siden inquired if we have a set contract in place. Ms. Waluch responded no, and that in 2016 an ADA upgrade is being completed to the restrooms in the wedding site area. In addition we will reestablish the special event permitting concession for the special event food service for the facility. Previously 1 entity covered the special events. In 2016 we will begin the upgrades for the deferred maintenance updates, and will add a new vendor for Item 11 Director Siden recalled a group inquiring to do something at the site. Ms. Waluch indicated Briones Archers have been on site for over 20 years. A home school group named Trackers wanted 76

82 to use the facility but they have to make arrangements with Briones Archers in order to use the site and cannot just show up. Director Siden requested a site visit for the Committee. Informational reports and Discussion Topics Item 46 Director Siden inquired on the status of the Two-Day Town event. Ms. Waluch stated staff met with Mr. James Binney and staff. The group will be attending the January 21 meeting to discuss the upcoming event. They will present a Leave No Trace proposal. Staff will provide its recommendation in response to their proposal. Item 43 Director Sutter inquired on building the new trails. Ms. Waluch stated Director Lane added this to the list in 2014 and we were not able to get to the planning of the item and will move it to the 2016 list. Item 54 Director Siden requested to provide an update during Committee Draft Work Plan Review Management Analyst Alicia Gonzales reviewed with the Committee the upcoming 2016 draft work plan Ms. Gonzales commented that any changes provided by the Committee will be incorporated into the plan. AGM O Connor mentioned that items 5, 11, 13, 15, 16, 18, 19, 21, 22 and 25 will be coming up in 2016: Item 36 Director Sutter inquired on the update. AGM O Connor replied that Landscape Architect Kim Fisher will provide an update at a future meeting. Director Sutter questioned when construction will begin. AGM O Connor responded this fall through the following summer and potentially ready in late fall of The concession is anticipated to be up and running a year in advance. Ms. Gonzales concluded that Concession Costs, District-web Oral History program, Del Valle Special Event proposal for Two-Day Town, and Glamping and Convenience Camping will be added to the plan. Director Siden suggested field trips to the equestrian facilities and a meeting at the Tilden Golf Course. 4. Public Comments There were no public comments. 5. AGM Comments AGM O Connor provided the following updates: Del Valle Water Draw Down In 2015 the water is being used by the water agencies for mixing purposes for water quality. Santa Clara Valley Water District (SCVWD) is not as modern and is required to draw water from Del Valle. Further reduction in the lake level could potentially lower the level below our intakes. Blue/green algae toxin has been discovered at the lake including the area of the water intakes. We had a waterline shut down for repairs and a new 77

83 water line break in the intake system. We will continue full services through the holiday but will potentially close showers and flush toilets following the holidays. Staff from SCVWD will meet with our staff at Del Valle and look at extending our valve systems further into the lake to allow services to remain open. AGM O Connor attended the City of Fremont (City) council meeting on December 15. The City approved an ordinance change which will allow citizens of Stanford Avenue entrance to Mission Peak to petition for parking permits in the neighborhood. Of the 590 parcels, if 80 citizens agree, the program can move forward. Public members in attendance expressed appreciate for the District working with the City towards a solution. Director Sutter inquired on the budget costs. AGM O Connor responded the District is going to fund $37,000 out of the Operations budget to fund the administrative portion of the permit program with a third party administrator contracted through the City who will issue permits to the neighbors. The cost will be $37,000 the first year and $12,000 each subsequent year for the permit program. The District will pay for the permits the first round and following the first year, residents will pay for their permits. The City will process the administrative work and signage and both the District and City public safety agencies will work together to enforce the permits. 6. Board Comments Director Siden commended Ms. Gonzales on her presentation today and the staff for all their work in The meeting was adjourned by Director Sutter at 2:22 p.m. Respectfully submitted: /s/ Denise Valentine Executive Secretary 78

84 C. BUSINESS BEFORE THE BOARD Present AGENDA REGULAR MEETING BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT Tuesday, March 1, BOARD COMMITTEE REPORTS b. Board Executive Committee (2/05/2016) (Siden) Board: Staff: Doug Siden, Whitney Dotson, Beverly Lane Robert Doyle, Debra Auker, Sukari Beshears, Sean Dougan, Adora Nnoruka, Bob Nisbet, Jim O Connor, Becky Pheng Public: Kelly Abreu, Rick Rickard, Eri Suzuki (Local 2428) The meeting was called to order at 12:40 p.m. 1. Niles Canyon Trail Connectivity Study Bob Nisbet, Assistant General Manager, provided a short history of the project and introduced Sean Dougan, Trails Development Program Manager. Mr. Dougan presented a PowerPoint highlighting the Niles Canyon Trail Connectivity Study (Study). The Park District in partnership with the County of Alameda, Alameda County Water District, and San Francisco Public Utilities Commission completed the Study in The Study includes alternatives for a six-mile Class I trail connecting Niles to Sunol. This proposed trail is identified in the Park District s 2013 Master Plan Update. Several public meetings were held to collect comments and concerns from the public between October 2014 and October As a result of the meetings, three alternative routes were identified. The Study analyzes the potential environmental and historical impacts of each alternative route. Mr. Dougan summarized each of the three alternative routes: Project 1 connection to the Ridge Trail; Project 2 path from Sunol Water Temple to Vargas; and Project 3 path from Niles to Sunol. There was discussion about the environmental impacts and costs associated with each alternative. At this time, there is no identified funding source and no lead agency. Robert Doyle, General Manager, reiterated that this is just a study which the District received a grant to help fund the study in the early 1990s. Since no funding source has been identified, and it is unknown when the project will commence. Mr. Doyle also talked briefly about the history of the land and 79

85 the recreational use in the area. Most of the property in the area is now owned by the county. Niles Canyon (Highway 84) is a very busy corridor and is becoming increasingly dangerous for bicyclists. Director Beverly Lane commented that this is a very complex project and inquired about the county s participation. Director Doug Siden inquired about the aqueduct and ways to educate the public about the creek. Rick Rickard commented that Niles Canyon is dangerous, and there have been many bicyclists involved accidents and deaths. Creating a safe trail is a priority for the bicycle community. Kelly Abreu commented about the history of the area and the increasing traffic in the area. He noted that there are cheaper alternatives that need to be analyzed. The Committee asked about next steps. Staff responded that they will be meeting with the county in the coming months. More information will be provided as the project progresses. Recommendation: None. This is an informational item. 2. Restatement of General Employees and Sworn Safety Retirement Plans Sukari Beshears, Human Resources Manager, presented this agenda item. The District s retirement plans are periodically reviewed to ensure compliance with IRS code and regulations. The plans were last amended in 2011 to comply with tax laws and PEPRA. The amendments proposed at this time are non-substantive. Staff has provided both Local 2428 and the Police Association with copies of the proposed amendments. Director Beverly Lane mentioned that the item was rather confusing and unclear, particularly the names of the retirement plans, and asked for clarification. Mr. Doyle recognized that there has been confusion over the plans and amendments. He gave a short history of the Transamerica Plan, which no longer exists, and requested that staff provide more clarification when this is brought to the full Board for consideration. Eri Suzuki commented that the union has requested additional information from Human Resources on this item, and asked how this may affect their members. The union still has not received the requested information from Human Resources. She stated that the union does not oppose the amendments and understands that it must be amended from time-to-time to comply with tax laws. Director Doug Siden asked if Human Resources could answer/respond to Ms. Suzuki. Adora Nnoruka, Benefits Manager, responded to Ms. Suzuki that the members affected did receive retroactive payments. Ms. Nnoruka s responses were acceptable to Ms. Suzuki. By motion of Director Dotson and seconded by Director Lane, the Board Executive Committee voted 3-0 to approve the proposed changes to the Restatement of General Employees and Sworn Safety Retirement Plans and to forward a favorable recommendation to the full Board of Directors for approval. 80

86 3. Public Comment Kelly Abreu commented about the proposed parcel tax to save the plan, an article in the San Jose Mercury news about the measure, and progressive taxation which he favors. 4. Board Comments Director Beverly Lane commented that she has received some concerns from retirees regarding their benefits and retirement calculations. She would like the District to look into job descriptions and equity in pay. Director Doug Siden thanked the Committee members for adjusting their calendars to accommodate Friday meetings. The meeting was adjourned at 2:30 p.m. Respectfully submitted, Becky K. Pheng 81

87 NEWSCLIPS

88 New leaders named to East Bay Regional Park District board District operates 65 parks, including Pleasanton Ridge, Shadow Cliffs by Jeb Bing / Pleasanton Weekly Updated: Thu, Feb 18, 2016, 8:02 am The East Bay Regional Park District board of directors has inducted new leaders for Leadership positions rotate annually. The district is a system of public parks and trails in Alameda and Contra Costa counties. Established in 1934, the system comprises 119,000 acres in 65 parks including the Pleasanton Ridge and Shadow Cliffs lake and recreation areas in Pleasanton. In all, it operates more than 1,250 miles of trails for hiking, biking, horseback riding and nature learning. This year's officers for the district are Doug Siden of Alameda, president; Beverly Lane of Danville, vice president; Dennis Waespi of Castro Valley, treasurer and Diane Burgis of Oakley, secretary. Whitney Dotson of Richmond, Ayn Wieskamp of Livermore and John Sutter of Oakland round out the seven-member board. Siden was first elected to the board in November, Prior to his retirement in 1999, he was executive director of a successful program to provide environmental education and recreational experiences to youth, children, families and adults for over 20 years. Lane, a former mayor of Danville, was elected to the park district board in She has led efforts to establish the Iron Horse Regional Trail, the Calaveras Ridge Trail and Sycamore Valley Open Space Park. She is also a prominent local historian. 82

89 Waespi, elected to the board in 2014, was an employee of the park district for 36 years before retiring. He has also served on the boards of the Castro Valley Sanitary District and Hayward Area Recreation and Park District. Burgis, a former Oakley city councilwoman, is executive director of Friends of Marsh Creek. She was elected to the district board in The board meets the 1st and 3rd Tuesdays of every month. Members are elected to four-year terms, and represent different geographic areas of the East Bay. For information about the East Bay Regional Park District and its board of directors, contact Carolyn Jones, public information supervisor at (510) or by at 83

90

91 Parks and Panthera Study the East Bay s Big Cats Panthera teams up with the East Bay Regional Park District to study how an apex predator lives in remote wilderness and peri-urban areas like the Oakland hills. By Erik Neumann Photo courtesy of the East Bay Regional Park District By 8:30 a.m., the ridge in the Sunol Regional Wilderness is already in the high 50s, hot for a fall morning. Steve Bobzien grinds the pale green East Bay Regional Park District truck to a stop and gets out. A few minutes, later he s kneeling besides a large oak tree with a camera trap the size of a lunchbox strapped a foot above the rocky ground. He runs a thick metal cable out of the camo-painted steel covering that holds it to the tree, and lets it land on the ground with a loud clunk. From inside he pulls out a camera lined with small LED lights. Bobzien, a wildlife ecologist, is in the 9,700-acre Sunol parkland this morning to find signs of one of the stealthiest apex predators left in the Bay Area: mountain lions. With wolves and grizzly bears extirpated in California, few animals as iconic as the mountain lion remain in the state. Mountain lions were a bounty animal in California until the mid-1960s. Then, they were reclassified as a game mammal and could be hunted legally for sport. Today, mountain lions, also referred to as cougars or pumas, are considered a specially protected mammal less severe than being endangered but protected from any kind of hunting. Because of their extremely shy nature and skill at avoiding humans, the size of the mountain lion population in the East Bay is unknown. Bobzien is part of a new joint study between the East Bay Regional Park District and Panthera, a nonprofit focused on conservation of cats and their ecosystems worldwide. In what will be the first mountain lion study in the Bay Area in 20 years, they ll try to understand the densities of mountain lions in the East Bay, from remote areas like Sunol to the peri-urban borders of Oakland. 85

92 At the rear of the truck, Bobzien starts assembling a makeshift field office. He sets up a metal table on four spindly, telescoping legs and hangs a blanket off the roof of the truck to block the glare of the sun on a wheezing laptop computer screen. The 59-year-old has wispy blond hair and wears a pair of binoculars that appear to never leave his neck. At 19 he moved to the Galapagos Islands where he worked as a naturalist and research biologist studying sea turtles and fur seals. When he left for mainland Ecuador, he says he had to borrow a pair of shoes, because he didn t own any of his own. Since then he has done research on seabirds and white sharks on the Farallon Islands off San Francisco Bay and spotted owls on California s north coast. He has been an ecologist for the East Bay Regional Park District for more than 20 years. Since Bobzien s camera traps have been set up, they ve captured images of a surprising variety of wildlife in these remote parklands. He photographed feral pigs, great horned owls, bobcats, and countless gray foxes. There are the inevitable black-tailed deer, turkeys, opossums, and coyotes, as well as golden eagles, badgers, and Cooper s hawks. So far, he has identified nine individual mountain lions in the 11-square-mile area where his cameras are set up. It s a surprisingly high density, but one that he attributes to the bulls-eye of strategically placing cameras where he thought the big cats would pass. From the site of the camera traps where Bobzien is parked, the mountains of the Hamilton Range stretch south. To the north is Mount Diablo and, beyond that, the haze of the Oakland hills. The new study will focus on these three eco-regions. All three are mountain lion habitat, but each is separated into a sort of island by interstates 580 and 680 and the BART tracks. In addition to learning how many mountain lions live in these areas, the study will help researchers learn if they can cross from one to the next. After setting up more cameras, they ll capture cats in the Mount Diablo Range and put GPS radio collars on them and do genetic sampling to learn if they re isolated groups. But, Bobzien says, one of the biggest goals of all is getting people excited about what is basically the only apex predator left in Northern California. Kids latch onto that, he says. Frogs are kinda cool, falcons are a little cooler, but mountain lions are probably the coolest thing. That s really important to maintain that interest in conservation, because if you don t, you really can t maintain these open space lands. Bobzien gets 736 images from the first camera, but most turn out to be cows let out by a local rancher, an annoying regularity. I ve had to go through 5,000 at a time, all cows, he laughs. The second camera is only slightly better: There s a mouse. Squirrel. Here s a possum. Mouse. Mouse again. Here s the turkeys, he says, scrolling through images. Mountain lions do an amazing job of avoiding us. To prove it s not all a wild goose chase, Bobzien opens a video, shot at this location the previous month. There, in ghostly green night vision, an adult female mountain lion and her kitten saunter through the frame, out for a night of hunting. That s like the holy grail for us, Bobzien says, staring intently at the screen. The camera traps didn t catch their intended prey today. But Bobzien, undeterred, packs up his makeshift office, starts the truck, and heads down the ridge toward the next array of cameras, eager to see what he ll find. 86

93 East Bay's Park It: Citrus peels are most unappealing -- don't leave them By Ned MacKay Columnist POSTED: 02/14/ :00:00 AM PST Walking around at Black Diamond Mines in Antioch the other day, I was reminded that it's probably time for my annual orange peel sermon. I realize that I'm probably preaching to the choir here, but I'll press on nevertheless. Please don't discard orange or tangerine peels after you've had your midhike snack. Pack them back with you instead. Sometimes it appears as though people leave a trail of peels behind as they walk along to help them find their way back to their cars. Generally speaking, wild animals don't like the taste of orange peels any better than humans do. The peels will biodegrade eventually, but it takes a really long time, and in the meantime the peels create an unsightly mess. The plastic bags in which this newspaper is delivered during the rainy season make excellent trash bags in which to place orange peels, cigarette butts, candy wrappers, plastic bottles and aluminum cans. The bags are handy for cleaning up after dogs, too. For the cans and bottles, there are recycle bins at most trailheads. If everyone lends a hand, our public open spaces can remain clean and beautiful. Wildflower walk: While we're at Black Diamond Mines, the first spring wildflowers are beginning to appear. Early arrivals include Indian warrior, shooting star and buttercups. Naturalist Eddie Willis will lead a wildflower walk there from 11 a.m. to 1 p.m. Feb. 21. It's a 2-mile hike along a rocky trail. Meet Eddie in the parking lot at the upper end of Somersville Road, 3½ miles south of Highway 4. For information, call , ext Oakley: Mammals of the marsh will be the topic of a program from 2 to 3 p.m. Feb. 21 at Big Break Regional Shoreline in Oakley. The Delta is home to river 87

94 otters, beavers and minks, among other furry critters. Big Break is at 69 Big Break Road off Main Street. For information, call , ext Martinez: There's a walk in search of wintertime birds from 8 to 10 a.m. Saturday at Martinez Regional Shoreline, led by naturalist Kevin Dixon. Meet Kevin at the parking lot off North Court Street in Martinez. It's across the railroad tracks from downtown. For information, call , ext Berkeley: It's fireside story time again Feb. 21 at the Environmental Education Center in Tilden Nature Area near Berkeley. Join the naturalists at the hearth from 11 a.m. to noon for some classic children's stories about farming and natural history. The program repeats at the same time Feb. 28. And you can make wind mobiles for your backyard out of recycled materials during a free workshop from 2 to 3 p.m. Saturday with help from interpretive student aide Sharona Kleinman. The center is located at the north end of Tilden's Central Park Drive, accessible via Canon Drive from Grizzly Peak Boulevard in Berkeley. For information, call Alameda: At the Crab Cove Visitor Center in Alameda, low tide exploration is on the agenda from 2 to 3 p.m. Saturday and Feb. 21 during family nature fun hour. Bring your mud boots to explore what lives in the tidal zone. Then watch the staff feed the fish in the center's aquarium from 3 to 3:30 p.m. There's also a shoreline and mud flat sunset low tide walk scheduled from 4:30 to 6 p.m. Feb. 21, led by naturalist Morgan Dill. Crab Cove is at 1252 McKay Ave. off Alameda's Central Avenue. Call Oakland: Hikes for Tykes is a series of easy walks for parents with young children to explore the plants and animals of the regional parks. Parents should bring a snack, strollers are not recommended for most hikes, and rain would cancel it. There's a tyke hike from 10:30 to 11:45 a.m. Feb. 23 at Leona Canyon Regional Park. Meet at the trailhead on Canyon Oaks Drive off Keller Avenue east of Highway 580 in Oakland. For information, call Fremont: Young birders with their parents will enjoy a bird-watching walk from 10 to 11:30 a.m. Saturday at Coyote Hills Regional Park in Fremont. Naturalist Kristina Parkison will use playful activities to teach the kids the basics of bird identification. The program is for ages 7 and older with parent participation. Meet at the Coyote Hills visitor center, which is at the bay end of Patterson Ranch Road off Paseo Padre Parkway. Call for information. 88

95 East Bay Park District drops plan for new police center at Lake Chabot By Denis Cuff POSTED: 02/12/ :03:30 PM PST UPDATED: 11 DAYS AGO CASTRO VALLEY -- A $21.5 million plan to rebuild and expand the East Bay Regional Park District's police and maintenance center has been scuttled due to neighborhood opposition. The park district, which has 65 recreation areas in two counties, spent six years planning the project at Lake Chabot Regional Park. Last year, the district hired an architect to prepare preliminary drawings for a new center adjacent to the current one. But the plan now is dead. The park district withdrew its project application to Alameda County after Castro Valley neighbors complained vehemently that the new center would be too big, too tall and too obtrusive, the agency said Friday. "It's back to the drawing board," said Carolyn Jones, a park district spokeswoman. "We still need a new public safety administration building for police and fire for our expanding workforce, but we don't want a center that all of the neighbors dislike." The district's workforce outgrew the center years ago, she said. The cinder block building is so cramped and the heating and air-conditioning system so old that it's making it harder to recruit new police candidates, Jones said. The public safety building also is at risk of failing in a major earthquake, officials said. The district had proposed replacing the 1950s one-story building with a threestory, 32,000-square-foot building. 89

96 "It would have been way too visible. The impact on the community was going to be tremendous," said Marc Crawford, chairman of the Castro Valley Municipal Advisory Committee. Hundreds of people packed a public meeting in January to denounce the expansion plan. Jones acknowledged that widespread community opposition spurred the district to throw in the towel. While it's too early to say what new sites the park district will check out, she said it's possible the public safety center may have to leave Castro Valley after more than half a century there. Crawford asserted there is room to build a new public safety center at Lake Chabot if the district would move the maintenance center somewhere else. The park district had proposed to build a 7,700-square-foot vehicle maintenance building, plus two park maintenance buildings of 1,500 and 2,000 square feet. Park officials said that about 120 police and fire department employees work at the public safety building, and all but a handful of officers begin their day at Castro Valley before going out to patrol parkland in Contra Costa and Alameda counties. Contact Denis Cuff at Follow him at Twitter.com/deniscuff. 90

97 Concord: Investigation finds improper lobbying in weapons station developer selection By Lisa P. White POSTED: 02/11/ :45:53 PM PST UPDATED: 10 DAYS AGO CONCORD -- A company competing to develop the Concord Naval Weapons Station improperly lobbied former Mayor Tim Grayson by orchestrating contributions to his Assembly campaign, an independent investigation determined. Lennar Urban and its competitor, Catellus Development Corp., agreed to a nolobbying clause in May when the firms began negotiating with the city for the rights to develop part of the former base. In September, when Concord pulled the recommendation for Catellus from the staff report, the company demanded that the city investigate whether Lennar and its associates had lobbied council members in violation of the negotiating agreement and whether the lobbying led to the omission of a recommendation. Valerie Barone is Concord's city manager, having served as interim since February (City of Concord) The investigation also found that three council members pushed to remove the recommendation for Catellus, contradicting City Manager Valerie Barone's claim that she alone made the decision. Furthermore, Barone's oneon-one discussions with council members about the recommendation violated the Brown Act's prohibition against serial meetings, the investigation determined. 91

98 These were among the main findings included in attorney Michael Jenkins' 40- page report on the investigation, which cost the city approximately $50,000. Jenkins interviewed council members, consultants, city staff and Catellus executives. But several key witnesses, including Lennar Urban President Kofi Bonner, former San Francisco Mayor Willie Brown and Mary Jo Rossi, Grayson's Assembly campaign manager, declined Jenkins' interview requests. "There's something in this report for everyone," Councilman Edi Birsan said Thursday. "A lot comes down to how you define lobbying and influence." The Concord Reuse Project Area Plan calls for building up to 12,272 housing units and 6.1 million square feet of commercial space on about 2,300 acres of the former military base. "I think the report confirmed some of the concerns that we had, and we appreciate the fact that the city went through the effort to do it," said Ted Antenucci, Catellus president. In September, Grayson returned $16,800 in contributions to his Assembly campaign from companies or individuals associated with Lennar. Although the negotiating agreement does not define "lobbying," the city intended to prevent the developers from seeking to influence council members, Jenkins concluded. He rejected Lennar's contention that under the state Political Reform Act, campaign contributions are not considered lobbying. "The exclusion of campaign contributions in the Political Reform Act has no bearing on (the agreement); if the donation of campaign contributions was meant to influence Mayor Grayson, then the contributions violated the lobbying prohibition," he wrote. Jenkins did not find that Lennar and Grayson collaborated, but the fact that Lennar did not reveal that it had solicited a contribution from its public relations firm "suggests a clandestine effort to advance its interests in the selection process, whether or not it actually did so," the report states. "We vehemently disagree with Mr. Jenkins' opinion that Lennar violated the 'no lobbying' provision of its agreement with the city," Bonner said in a statement. 92

99 "Mr. Jenkins also admits there is no evidence Lennar attempted to influence any council members." Although all five council members have said Lennar did not lobby them, Grayson twice sought campaign advice from Brown, a principal at an investment fund that does business with Lennar. Grayson on Thursday challenged the conclusion that the campaign donations constitute lobbying because he did not know the donors were linked to Lennar and the firm did not take credit for the contributions. He also pointed out that the investigation found no evidence that his meetings with Brown were related to the naval weapons station. "I can say without equivocation that I would never, and have never, let a contribution to my campaign sway my vote," Grayson said. "No one can or ever will buy my vote. My vote is not for sale, and I do not play games with my integrity." The report also laid out the series of events leading to the removal of the recommendation of Catellus as the master developer from the staff report but did not find that Lennar played a role. During a closed session meeting Sept. 1, the council decided it wanted a recommendation included in the final staff report, according to the meeting minutes. On Sept. 16, when the council members, again in closed session, reviewed the draft report that endorsed Catellus, none of them objected, according to Jenkins. But Grayson, Birsan and Mayor Laura Hoffmeister subsequently changed their position, and Barone told project consultant Michael Wright to remove the recommendation, according to s. "(T)he events in September eroded a meticulously devised plan to select a master developer solely on the basis of merit because council members injected themselves to change the agreed procedures after the council became aware of the negotiation team's recommendation," Jenkins concluded. Hoffmeister and Barone could not be reached for comment Friday. 93

100 The decision to rescind the recommendation of Catellus came as rumors circulated in the community about the firm. In response, Grayson asked city staff whether Catellus had struck a side deal with the Seeno homebuilding company or if Catellus had given city staffers Golden State Warriors playoff tickets. Antenucci strongly denied those allegations, and the city found no truth to the rumors. "I do think there were a number of things that were raised towards the end of the process that seemed like someone, I don't know who, was trying to create some controversy and create some dirt to discredit Catellus," Wright said Friday. Lisa P. White covers Concord and Pleasant Hill. Contact her at Follow her at Twitter.com/lisa_p_white. 94

101 Clusters of ladybugs hibernating in Redwood Regional Park By Marta Yamamoto Correspondent POSTED: 02/10/ :07:55 PM PST UPDATED: 6 DAYS AGO Courtesy of Morgan Dill Ladybugs are hibernating in Redwood Regional Park in the Oakland hills. Between late October and late February, they number in the thousands and have never been to the park before. ( Jon Kawamoto ) OAKLAND -- Worldwide, there are 5,000 species of ladybugs -- and California has 140 species. But there's only one species in Redwood Regional Park -- Hippodamia convergence -- and between late October and late February, they number in the thousands, are easy to see and have never in their lives been to Redwood Regional Park before. Ladybugs have gathered in several locations in the park, forming large clusters on plants, logs, sign posts and even on the ground. They're packed so close together that at first aren't recognizable as living insects. Beloved around the world, a Google search yields "a loveliness of ladybugs" for when thousands of ladybugs gather and while not officially recognized it seems an apt description for these small, beneficial insects that can each consume as much as 5,000 aphids in a lifetime. 95

102 Isa Polt-Jones/East Bay Regional Park District Thousands of ladybugs are currently in Redwood Regional Park and they can be found on plants, logs, sign posts and even on the ground. ( Jon Kawamoto ) Redwood Park is one of the easiest places in the East Bay to see ladybugs with several clusters along the Stream Trail, an easy walk from the parking lot. The Stream Trail clusters are between Prince Road and Tres Sendes, and another dramatic gathering is midway on the French Trail between Tres Sendes and West Ridge Trail. Though impossible to count, there appear to be many more than last year, raising several questions -- including why they're in the park at all, why they form clusters and why so many. Michael Charnofsky, a naturalist with East Bay Regional Park District, admits that researchers turn to possible theories when it comes to ladybug behavior, rather than hard facts. They believe ladybugs arrive when food gets scarce, days shorten and temperatures drop, triggering their migratory behavior. "When fall arrives and it starts getting cold, ladybugs in general can't be as active," Charnofsky said. "Cold temperatures slow their metabolism and allow them to just barely survive on their fat reserves so they fly where they can allow their body temperatures to drop, saving them energy and surviving winter." The lower areas of Redwood fit this need. The areas are cold but also moist enough so ladybugs don't dry out. Forming clumps or aggregates serves to protect them from predation, increasing their chances of survival. It also allows them to stay hydrated, and proximity can be a bonus as February temperatures start to warm. "Another reason I think they're together in clumps is that when it's warm enough they can mate, especially at the end of winter right before they migrate away," Charnofsky said. "When they're out in their feeding grounds the rest of the year they could find each other but they're much more likely to find mates here where they're all together." 96

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