Board of Directors
Board
Meeting
Packet
FEBRUARY 16, 2016
Clerk of the Board
YOLANDE BARIAL
KNIGHT
(510) 544-2020 PH
(510) 569-1417 FAX
MEMO to the BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
East Bay Regional
Park District
Board of Directors
DOUG SIDEN
President - Ward 4
BEVERLY LANE
Vice President - Ward 6
The Regular Session of the FEBRUARY 16, 2016
Board Meeting is scheduled to commence at
2:00 p.m. at the EBRPD Administration Building,
2950 Peralta Oaks Court, Oakland
DENNIS WAESPI
Treasurer - Ward 3
DIANE BURGIS
Secretary - Ward 7
Respectfully submitted,
JOHN SUTTER
Ward 2
AYN WIESKAMP
Ward 5
WHITNEY DOTSON
Ward 1
ROBERT E. DOYLE
General Manager
P.O. Box 5381
2950 Peralta Oaks Court
Oakland, CA 94605-0381
(888) 327-2757 MAIN
(510) 633-0460 TDD
(510) 635-5502 FAX
www.ebparks.org
ROBERT E. DOYLE
General Manager
AGENDA
REGULAR MEETING OF FEBRUARY 16, 2016
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
1:00 p.m.
ROLL CALL
(Board Conference Room)
PUBLIC COMMENTS
CLOSED SESSION
A.
Conference with Labor Negotiator: Gov’t Code § 54957.6
Agency Negotiator:
Employee Organizations:
B.
Robert E. Doyle, Debra Auker,
Jim O’Connor, Sukari Beshears
AFSCME Local 2428
Conference with Real Property Negotiator Regarding Price and/or
Terms of Payment – Gov’t Code § 54956.8
1) Agency Negotiator: Jim O’Connor, Carol Victor
APN/ADDRESS
PROPERTY OWNERS
PARK/TRAIL
Alameda County
9999 Redwood Road,
Castro Valley
APN 085 035 001 001
East Bay Regional Park
District
2:00 p.m. OPEN SESSION
(Board Room)
PLEDGE OF ALLEGIANCE
A.
APPROVAL OF AGENDA
B.
PUBLIC COMMENTS
Chabot Gun Club
The Board of Directors of
the East Bay Regional Park
District will hold a regular
meeting
at
District’s
Administration Building, 2950
Peralta Oaks Court, Oakland,
CA, commencing at 12:30 p.m.
for Closed Session and 2:00 p.m.
for Open Session on Tuesday,
February 16, 2016.
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 (www.ebparks.org),
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) 5442020.
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.
2:15 p.m.
C.
BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
a. Approval of District Check Listing for the Period of
December 28, 2015 to January 17, 2016
(Auker/Doyle)
(Resolution)
(No Cost)
b. Approval of the Minutes for the Board Meeting of February
2, 2016
(Barial Knight/Auker)
(No Cost)
c. Authorization to Negotiate with Various Property Owners
(Musbach/Nisbet)
(Resolution)
(No Cost)
d. Approval of Out-of-State Travel for Director Whitney Dotson
to Attend the 2016 Sustainable Trails Conference in Knoxville,
Tennessee from March 4 - 11, 2016
(Clay/Barial Knight) (Resolution)
(Budgeted Funds)
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
(Musbach/Nisbet) (Resolution)
(No Cost)
f. Authorization to Execute a Consulting Services Contract with
Interactive Resources, Inc. for the Service Yard Replacement
Project: Point Pinole Regional Shoreline
(Lim/Nisbet)
(Resolution)
(Budgeted Funds)
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
(Johnson)
(Resolution)
(Budgeted Funds)
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
(Beshears/Doyle) (Resolution)
(Budgeted Funds)
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
(Brede/T. Anderson) (Resolution)
(Budget Change)
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
(McCrystle/Brede/T. Anderson) (Resolution)(Budget Change)
k. Authorization to Award a Contract to R&M Paving Contractors,
Inc. for Redwood Service Yard Paving Project: Redwood Regional
Park
(Barrington/O’Connor) (Resolution) (Budgeted Funds)
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
(Ragatz/O’Connor)
(Resolution)
(Budgeted Funds)
m. Approval of the District’s 2016 Investment Policy
(Zenoni/Auker)
(Resolution)
(No Cost)
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
(McNally/Auker)
(Resolution)
(Budgeted Funds)
o. Authorization to Purchase Microsoft Enterprise SQL Server
Database Software Licenses from Dell Marketing L.P.:
Information Services Department
(Tallerico/Auker)
(Resolution)
(Budgeted Funds)
2:30 p.m.
2. ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
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
(Dougan/Margulici/Nisbet) (Resolution)
(Budget Change/
Measure WW)
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
(Tong/Nisbet)
(No Action)
2:50 p.m.
3.
BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District
(Doyle)
3:00 p.m.
4.
GENERAL MANAGER’S COMMENTS
3:15 p.m.
5.
ANNOUNCEMENTS FROM CLOSED SESSION
3:20 p.m.
6.
BOARD COMMITTEE REPORTS
a. Operations Committee
b. Finance Committee
c. Finance Committee
3:25 p.m.
4:00 p.m.
7.
D.
BOARD COMMENTS
ADJOURNMENT
(12/17/15)
(11/23/15)
(10/28/15)
(Sutter)
(Lane)
(Lane)
CONSENT
CALENDAR
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
a.
Approval of District Check Listing for the Period of December 28, 2015
Through January 17, 2016
(Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of
December 28, 2015 through January 17, 2016.
Per Resolution No. 1992-1-40, adopted by the Board on January 21, 1992, a copy of the Check
Listing has been provided to the Board Treasurer for review. A copy of the Check Listing has
also been provided to the Clerk of the Board, and will become a part of the Official District
Records.
7
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 - 02 February 16, 2016
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF
DECEMBER 28, 2015 THROUGH JANUARY 17, 2016
WHEREAS, District Resolution No. 1992 - 1 - 40, adopted by the Board of Directors on
January 21, 1992, requires that a listing of District checks be provided to the Board Treasurer for
review;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby approves the check listing for the period of December 28, 2015
through January 17, 2016;
Moved by Director
, seconded by Director
16th day of February, 2016 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
8
, and adopted this
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 2, 2016
(Barial Knight/Auker)
9
The Board Meeting, which was held on February 2, 2016 at the East Bay Regional Park District, 2950 Peralta
Oaks Court, Oakland was called to order at 12:40 p.m. by Board President Siden.
ROLL CALL
Directors Present:
Doug Siden, President
Beverly Lane, Vice President
Dennis Waespi, Treasurer
Diane Burgis, Secretary
John Sutter
Ayn Wieskamp
Whitney Dotson
Directors Absent:
None.
At this time, the Board of Directors met in Closed Session to discuss those items outlined on the agenda.
The Open Session of the Board Meeting was called to order at 2:20 p.m. by Board President Siden.
Staff Present:
Jim O’Connor, Debra Auker, Carol Victor, Carol Johnson, Erich Pfuehler,
Aaron Roth, Rob Lim, Mimi Waluch, Anne Kassebaum, Matt Graul, Liz Musbach,
Alicia Gonzales, Mimi Waluch, Bob Nisbet, Debra Auker, Bill Zenoni, Renee
Patterson, Chief Dan McCormick, Katy Hornbeck, Linda Wu, John Bouyea,
Larry Tong, Michele Julene, Julie Bondurant, Chris Barton, Kristina Kelchner,
Mark Pearson, Mona Koh, Eri Suzuki, Noah Dort, Kelly Barrington,
Jason McCrystle, Jeff Rasmussen, Nadine Vargas, Tim Anderson, Carolyn Jones.
Guests:
Judi Martin, Dr. Nooshin Razani
A.
APPROVAL OF AGENDA
By motion of Director Wieskamp, and seconded by Director Sutter, the Board voted unanimously to
approve the Agenda.
Directors Present:
Directors Absent:
Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter,
Dennis Waespi, Ayn Wieskamp.
None.
B.
PUBLIC COMMENTS
Dennis Shusterman, thanked the board for the renovations at Ferry Point and spoke about the new
development near the park which may impact parking. He suggested the Board consider the possible use of
the overflow parking area for loading and unloading kayaks. GM Doyle commented that the District is
monitoring the development and possible impacts. Jefferey Panero thanked the Board (Directors Sutter and
Siden) for withdrawing from building at Lake Chabot and delivered hard copies of a signed petition to the
Clerk. Randall Dutra expressed his appreciation for the Park Districts’ decision to withdraw from building at
Lake Chabot. Kelly Abreu thanked ASD for redirecting their siting plans at Lake Chabot and talked about the
20-year opening of Vargas Plateau.
10
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
By motion of Director Sutter, and seconded by Director Burgis, the Board voted unanimously
to approve Item C-1-c.
Directors For:
Directors Against:
c.
Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter,
Dennis Waespi, Ayn Wieskamp.
None.
Authorization to Negotiate with Various Property Owners
Resolution No. 2016 – 02 – 015
(attached)
Kelly Abreu questioned why the District negotiates with itself on property it owns. Liz Musbach,
Chief of Land Acquisition explained that when it is property that the District owns it is acknowledged,
and in this case the District was negotiating with the Vieux family. Musbach added that this is a
boundary line cleanup that will not impact the opening of Vargas Plateau. Director Wieskamp stated
that the District doesn’t always have control over when a park is opened; however hopefully it will
open this spring. Director Sutter had a question on Finley Road. Musbach answered that
the District is accepting a conservation easement which has nothing to do with access.
By motion of Director Lane, and seconded by Director Burgis, the Board voted unanimously
to approve the balance of the Consent Calendar.
Directors For:
Directors Against:
a.
Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter,
Dennis Waespi, Ayn Wieskamp.
None.
Approval of District Check Listing for the Period of December 7, 2015
to December 27, 2015
Resolution No. 2016 – 02 – 016
(attached)
Approval of the Minutes for the Board Meeting of January 2, 2016
d.
Authorization to Transfer Measure AA Funds, Appropriate Measure WW Funds and
Award a Contract for Professional Services to WRA Incorporated for Design Services,
Permitting, and Construction Support for Restoration of Encinal Beach: Alameda Point
Regional Shoreline
Resolution No. 2016 – 02 – 017
(attached)
Director Lane asked if the restoration design for the sand dune would be self-perpetuating. Matt Graul,
Chief of Stewardship, said that it will.
e.
Authorization to Award a Consultant Contract to Swaim Biological,
Inc. for Alameda Striped Racer Study: Fuel Break
Resolution No. 2016 – 02 – 018
(attached)
Director Sutter commented on the $300K contract cost, and asked if there are other species the District
will need to study, and at what cost. Matt Graul, Chief of Stewardship, replied the District is required by
the USFWS to do this study. Data will also be gathered on other reptile species. Director Wieskamp asked
11
if there will be interim reports. Graul answered it will be a 5-year study, and the Park District will
receive reports on years 1, 3, and 5 which will be brought before the Natural/Cultural Resources
Committee.
f.
Authorization to Renew a Special Use Agreement with Golden
State Model Railroad Museum: Miller-Knox Regional Shoreline
Resolution No. 2016 – 02 – 019
(attached)
Director Lane remarked at how popular the Railroad is with the public and how concerned the
public is that the museum is seldom open. She also asked how much is it costing the District to
maintain. O’Connor replied that the District is responsible for all of the internal building needs,
and is in charge of the exterior maintenance. Lane asked for the actual cost of the utilities.
Mimi Waluch, Business Services Manager said the utilities are split. Director Sutter commented
this is a volunteer operation which is a service to the community and is open on Sunday. O’Connor
said that this is a nonprofit group and the net costs are being analyzed by Administrative Analyst Alicia
Gonzales. Director Siden commented on the services that the concessionaire provides, and the benefit
to the District.
g.
Authorization to Establish the Classification, Unit Designation and
Salary Range for Human Resources Analyst Senior; Upgrade 1.0
FTE Human Resources Analyst II Position to Human Resources
Analyst Senior; and Amend the 2016 Budget in the Human Resources
Division
Resolution No. 2016 – 02 – 020
(attached)
h.
Authorize Bay Point Spur Trail Grant Partnership and Funding Agreement
with Contra Costa County: Bay Point Regional Shoreline
Resolution No. 2016 – 02 – 021
(attached)
Director Sutter asked if this provides enough money to complete the trail. Sean Dougan, Trail
Development Program Manager, said the trail estimate is approximately $2 Million, and the grant is for
$74K. Dougan said the feasibility study is being completed. Director Lane commented that she is glad
this process has begun.
i.
Authorization to Appropriate, Transfer, and Accept Funds for
Piedmont Stables Renovation: Redwood Regional Park
Resolution No. 2016 – 02 – 022
(attached)
President Siden asked if it is District’s practice is to upgrade facilities operated by concessionaires with
District funds. Jim O’Connor, AGM Operations, gave some examples when capitol upgrades have been
needed.
Judi Martin, the operator for Skyline and Piedmont stables gave some remarks. She explained that her
group created a 501C3, The Saddlehorn Foundation, that has raised over $100K to help with the
renovation needs at Piedmont Stables.
j.
Authorization to Enter Into a Contract with Wesley and Associates for
District-wide Training Services
Resolution No. 2016 – 02 – 023
(attached)
12
Director Lane hoped that a major focus will be to train and work with our new park supervisors.
Sukari Beshears, Human Resources Manager, replied that the contract is specific to district-wide training.
Beshears stated that HR is currently working with Operations for specific training for park supervisors.
2.
ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
By motion of Director Dotson, and seconded by Director Sutter, the Board voted unanimously to
approve Item C-2-a.
Directors Present:
Directors Absent:
a.
Diane Burgis, Whitney Dotson, Beverly Lane, Doug Siden, John Sutter,
Dennis Waespi, Ayn Wieskamp.
None.
Authorization to Transfer Funds and Award a Contract for
Professional Services to Nichols Consulting Engineers to Design
Plans for Dredging of the Sediment Basin in Tilden Nature Area
and Restore Three Interpretive Ponds: Tilden Regional Park
Resolution No. 2016 – 02 – 024
(attached)
Matt Graul Chief of Stewardship introduced Joe Sullivan, Acting Fisheries Program Manager.
Sullivan, provided the background on this project. He outlined the project evolution, project description,
the budget, preliminary design, environmental permits, the schedule which began in 2015, with possible
construction by 2017. Consultants will design a plan to reduce sedimentation in Jewel Lake, which will
have multi-species benefits, elevate education and increase the interpretive experience. Director Sutter
inquired if the money in this item is solely for the permit. Sullivan replied the goal is to have most of
construction done in-house. GM Doyle remarked how the Board is seeing more upfront costs to do
the design engineering, before the grant is acquired. Doyle added, the District does have sources of
Measure CC and WW funding and a base budget. Sullivan added that the CC money will be used for
Dredging and will reduce the sediment. Director Burgis asked if staff will do something to slow down
the sedimentation and if the drought affected the amount of sediment. Sullivan answered the permit
only allows the District to dredge a certain amount per year. Burgis would like to see the District
expand the amount of dredging. Graul plans to amend the maintenance agreement and use this study
to get Jewel Lake back to capacity.
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.
Director Sutter stated that the San Francisco Bay Restoration Authority measure will benefit people
who do not live near the bay because it will protect shorelines from flooding and protect public facilities.
5.
GENERAL MANAGER’S COMMENTS
General Manager, Robert Doyle introduced Dr. Ana Alvarez. She is the District’s first Deputy General
Manager.
Mona Koh, Community Relations Manager, gave a presentation on the Community Relations and
Communication Plans for 2016. Dr. Nooshin Razani, UC Benioff Children’s Hospital, was introduced by
GM Doyle and he acknowledged that a partnership with the hospital is a shift for the Park District in the
13
right direction. Koh highlighted 6 areas of focus: Economic Impact Study, Outreach to Multicultural
Communities, Leadership Environmentalism, Community Events, Measure CC and Healthy Parks and
Healthy People.
Razani spoke about the successful collaboration with the District and the Parks Prescription Program.
Director Burgis expressed the importance of the work that is being done at Children’s Hospital.
Directors had questions and comments on items in the staff report. Staff explained and clarified.
6.
ANNOUNCEMENTS FROM CLOSED SESSION
District Counsel Carol Victor had no announcements.
7.
BOARD COMMITTEE REPORTS
a. Natural and Cultural Resources Committee
b. Executive Committee
c. Operations Committee
(11/18/15)
(12/10/15)
(11/19/15)
(Nisbet/Lane)
(Dotson)
(Siden)
Kelly Abreu clarified his statement in these minutes. He objected that the Park District has approved
$37,000 for the restriction of curb parking on public streets in the of city of Fremont, taking money
from the general fund and giving it to the city of Fremont to restrict people from parking on the
streets. Abreu stated the Park District should be promoting access and not restricting access to parks.
d. Executive Committee
8.
(01/14/16)
(Siden)
BOARD COMMENTS
Director Siden reported on meetings attended. Director Siden
 Attended the PAC meeting;
 Attended the Alameda County Mayors Conference;
 Attended a planning meeting for Alameda County Watershed Symposium;
 Met with Alameda County Flood Control;
 Meeting with Friend of San Leandro Creek;
 Attended the Inside Oakland breakfast meeting;
 Attended the MLK Rally;
 Attended the Executive Committee meeting;
 Attended the Operations Committee meeting;
 Attended the Legislative Committee meeting;
 Visited the Nike site;
 Attending Friends of San Leandro Creek meeting;
 Attending the East Bay Alliance Executive Committee meeting.
Director Sutter reported on meetings attended. Director Sutter
 Attended the Operations Committee meeting;
 Attended the SFBRA meeting;
 Attended the DD Community Coalition meeting;
 Attended the ACTC meeting however upon arrival meeting was canceled (a security problem);
 Attended introductory meeting of SPUR;
 Attended a meeting honoring Ann Woodell, Chair of Oakland
Park & Recreation Commission
14
Director Lane reported on meetings attended. Director Lane
 Visited Tilden park and complimented staff;
 Walked the Ironhorse Trail;
 Attended the East Bay Leadership Council meeting which Larry Tong also attended;
 Attended the East Bay Leadership Council Speaker series - Condoleeza Rice;
 Attended the Elected Women’s lunch;
 Thanked staff for the Operations and Interpretive roster;
 Thanks staff for continuing efforts to have land bank tours and the Parks
and Trails Statistics handbook;
 Requested an item on the drought and trees be added to the Natural/
Cultural Resources Committee agenda;
 Circulated “The Real Richmond Guide to Richmond” from Chevron.
Director Waespi reported on meetings attended. Director Waespi
 Attended the ACSDA Meeting;
 Attended the HASPA meeting - Betty Moose was honored
and she is a wonderful person;
 Attended MLK celebration;
 Met with Alameda Creek Trails staff;
 Attended the Castro Valley Chamber mixer;
 Attended the Union City Oversight Committee meeting;
 Attended John Gouveia’s retirement dinner;
 Attended the Finance Committee meeting;
 Attending the City of Hayward community awards.
Director Burgis reported on meetings attended. Director Burgis
 Attended CCC watershed forum;
 Attended the planning meeting of the Alameda County Watershed Symposium;
 Attended Legislative Committee meeting;
 Participated in a MLK Day of Service;
 Attended MLK celebration in Antioch ;
 Attended the East Bay Leadership Council Speaker series - Condoleeza Rice;
 Attended Elected Women’s Luncheon;
 Filmed Open Roads with Doug McConnell - airing March 20;
 Attended the Finance Committee meeting;
 Met with AFSCME union reps;
 Attended the Building Industry Association dinner;
 Attended the Youth Fair at Big Break - 210 students attended;
 Attended the Heritage Faire Dinner at the CCC Fairgrounds.
Director Wieskamp reported on meetings attended. Director Wieskamp
 Attended the ACSDA meeting;
 Attended the LAFCO meeting;
 Attended the East Bay Leadership Council Speaker series - Condoleeza Rice;
 Attended the Operations Committee meeting;
 Had a coffee with AFSCME leadership;
 Attended the Finance Committee meeting;
 Honored to be asked to serve on Catharine Bakers Advisory Council
(asked for a map on Tesla Park show the owners).
15
Director Dotson reported on meetings attended. Director Dotson
 Complimented Erich Pfuehler and Tiffany Margulici for securing a
$9000 grant for the North Richmond Shoreline Festival;
 Commented that the restoration is progressing nicely at Pt. Pinole.
D. ADJOURNMENT
The meeting was adjourned at 4:52pm by Board President Doug Siden.
President Siden ended the meeting with a moment of silence to honor the memory of Sylvia
McLaughlin. There were closing remarks by members of the Board and the General Manager.
Respectfully submitted:
/s/ Yolande Barial Knight
Clerk of the Board
16
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
c.
Authorization to Negotiate with Various Property Owners
(Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the General Manager
and the Assistant General Manager, Acquisition, Stewardship & Development Division, to
negotiate with:
APN/ADDRESS
PROPERTY OWNER
PARK/TRAIL
State of California
San Francisco Bay Trail
City of Pinole
San Pablo Bay Regional
Shoreline
258-450-012
Valley Hill Road
Moraga
199-010-011-5
Western terminus of
Kuss Road, Danville
East Bay Regional Park
District/Turre
Las Trampas Wilderness
Regional Preserve
United States of America
Las Trampas Wilderness
Regional Preserve
199-010-012-3
Western terminus of
Kuss Road, Danville
East Bay Regional Park
District/United States of
America
Las Trampas Wilderness
Regional Preserve
098-020-025 and 098-020-026
1001 McAvoy Road,
Bay Point
McAvoy Yacht Harbor LLC
Bay Point Regional
Shoreline
Contra Costa County
Unnumbered parcel
immediately south of
401-010-007
Pinole
401-010-007
1 Tennent Avenue, Pinole
17
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.
18
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
AUTHORIZATION TO NEGOTIATE WITH VARIOUS PROPERTY OWNERS
WHEREAS, Government Code Section 54956.8 requires that prior to or during the
negotiations concerning the acquisition of real property, the Board of Directors in closed
session may give instructions to its negotiator regarding the price and terms of payment of such
property; and
WHEREAS, prior to the closed session, the legislative body of the local agency shall hold
an open and public session in which it identifies the real property or real properties which the
negotiations may concern, and the person or persons with whom its negotiator may negotiate;
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 February 16, 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
State of California
San Francisco Bay Trail
City of Pinole
San Pablo Bay Regional
Shoreline
258-450-012
Valley Hill Road
Moraga
199-010-011-5
Western terminus of
Kuss Road, Danville
East Bay Regional Park
District/Turre
Las Trampas Wilderness
Regional Preserve
United States of America
Las Trampas Wilderness
Regional Preserve
199-010-012-3
Western terminus of
Kuss Road, Danville
East Bay Regional Park
District/United States of
America
Las Trampas Wilderness
Regional Preserve
Contra Costa County
Unnumbered parcel
immediately south of
401-010-007
Pinole
401-010-007
1 Tennent Avenue, Pinole
19
098-020-025 and 098-020-026
1001 McAvoy Road,
Bay Point
McAvoy Yacht Harbor LLC
Bay Point Regional
Shoreline
Moved by Director
, and seconded by Director
adopted this 16th day of February, 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
20
, and
AUTHORIZATION TO NEGOTIATE
Acquisition, Stewardship &
Development Division
Date: February 16, 2016
0
6
I-8
1-2
H wy
4
#
Concord
Brentwood
I-680
Richmond
I-580
Hwy 24
Berkeley
I-8 0
3
I-80
Oakland
Walnut Creek
MT. DIABLO
STATE PARK
4-5
I-5
80
I-68
0
CO N T
RA C
OSTA
ALA M
E DA
I- 580
I-88
San Francisco
Bay
0
Hw y
Legend
92
Freeways
0
5
y8
Fremont
Hw
²
County Boundary
4
EBRPD Lands
Miles
CONTRA COSTA COUNTY
1
Park/Trail:
Owner:
APN:
Location:
San Francisco Bay Trail
State of California
401-010-007
Pinole, California
4
Park/Trail:
Owner:
APN:
Location:
Las Trampas Wilderness Regional Preserve
United States of America
199-010-011-5
Western terminus of Kuss Road, Danville, California
2
Park/Trail:
Owner:
APN:
Location:
San Pablo Bay Regional Shoreline
City of Pinole
401-010-007
1 Tennent Avenue, Pinole, California
5
Park/Trail:
Owner:
APN:
Location:
Las Trampas Wilderness Regional Preserve
East Bay Regional Park District / United States of America
199-010-012-3
Western terminus of Kuss Road, Danville, California
3
Park/Trail:
Owner:
APN:
Location:
Las Trampas Wilderness Regional Preserve
East Bay Regional Park District/Turre
258-450-012
Valley Hill Road, Moraga, California
6
Park/Trail:
Owner:
APN:
Location:
Bay Point Regional Shoreline
McAvoy Yacht Harbor LLC
098-020-025, -026
1001 McAvoy Road, Bay Point, California
21
O:\GIS\Land\Projects\A2N\A2N-February-16-2016.mxd
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
d.
Approval of Out-of-State Travel for Board Member Whitney Dotson
to Attend the 2016 Sustainable Trails Conference in Knoxville, TN on
March 4-11, 2016
(Clay/Barial Knight)
RECOMMENDATION
It is recommended that the Board of Directors approve out-of-state travel for Board Member
Whitney Dotson to attend the 2016 Sustainable Trails Conference in Knoxville, TN on March
4-11, 2016.
REVENUE/COST
Funding is available in existing departmental budgets.
BACKGROUND
The 2016 Sustainable Trails Conference is scheduled for March 4-11, in Knoxville, TN. The
Sustainable Trails Conference will offer an opportunity for the worldwide trails community to
come together to communicate and experience an inspirational and educational conference.
This is the largest gathering of all trail interests who believe their combined voices are the
best way to strengthen trails for everyone. The Symposium includes numerous educational
sessions covering the broad range of trail issues, internationally prominent speakers, a stateof-the-art, trail-related exhibit hall, informative and interactive mobile workshops.
ALTERNATIVE
No alternatives are recommended.
22
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 - 02 February 16, 2016
APPROVAL OF OUT-OF-STATE TRAVEL FOR BOARD MEMBER WHITNEY DOTSON
TO ATTEND THE 2016 SUSTAINABLE TRAILS CONFERENCE IN KNOXVILLE, TN
ON MARCH 4 - 11, 2016
WHEREAS, the Sustainable Trails Conference is scheduled for March 4-11, 2016 in
Knoxville, TN; and
WHEREAS, information obtained at this conference directly relates to and will benefit
current and future Park District projects;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorize Board Member Whitney Dotson to attend the 2016
Sustainable Trails Conference on March 4-11, 2016 in Knoxville, TN; and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
to do such acts as may be deemed necessary to accomplish the intentions of this resolution.
Moved by Director
, seconded by Director
16th day of February 16, 2016 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
23
, and adopted this
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve a new 25-year
Management Agreement (Agreement) with the United States Department of the Interior
Bureau of Reclamation for the continued administration, operation, maintenance and
development of recreational uses and facilities at Contra Loma Regional Park, comprised of
approximately 780 acres.
COST/REVENUE
Other than the staff time related to executing the agreement, there are no new costs
associated with this Agreement. The 2016 District Operations budget associated with Contra
Loma Regional Park is $1.4 million, similar to the past few years.
BACKGROUND
The Park District has developed and managed the recreational resources at Contra Loma Dam
and Reservoir since 1968 under various management agreements with the United States
Department of the Interior Bureau of Reclamation (BOR). These resources include
approximately 780 acres of open space, a swim lagoon, picnic areas and recreational trails.
Contra Costa County Water District (CCWD) maintains the 80-acre reservoir developed to
store potable water for Water District uses. On December 7, 1971 by its Resolution No.
3877, the Park District’s Board of Directors approved entering into a long-term agreement
with the BOR for the administration, operation, maintenance and development of recreational
uses and facilities at Contra Loma Regional Park. The agreement was executed on September
18, 1972.
There have been various amendments to the original agreement in order to facilitate the use of
federal matching funds for recreational opportunities at the park, as well as an agreement with
the City of Antioch for management of their Antioch Community Park, located in the
24
northeastern area of Contra Loma Regional Park. The agreement was to terminate on
December 31, 2010; however, the BOR and the Park District extended the agreement twice to
allow the BOR to complete a Resource Management Plan (RMP) and an Environmental Impact
Statement (EIS) for the reservoir site and development of a new 25-year Agreement with the
Park District. The most recent extension terminates on December 31, 2016 or upon
execution of the new 25-year Agreement, whichever comes first.
During the extension period, Park District staff has worked cooperatively with the BOR, the
City of Antioch, CCWD, and the public to complete the “Contra Loma Reservoir and
Recreation Area Final Resource Management Plan (RMP)/Final Environmental Impact Statement
(EIS),” published by the BOR on September 22, 2014 with a Record of Decision approved in
April 2015. The Contra Loma RMP is a 25-year plan intended to guide management of the
resources on the subject federal lands comprised of the reservoir and recreation areas. The
primary emphasis of the RMP is to protect the quality of Contra Loma Reservoir's water
supply, while balancing the management of natural, cultural and recreational resources as
requested by the public. The RMP will guide the operations of the 80-acre reservoir managed
by CCWD, Contra Loma Regional Park, comprised of approximately 780 acres of surrounding
land leased and managed by the Park District, as well as Antioch Community Park, managed by
the City.
The RMP/EIS presented three Alternatives, which included the status quo (Alternative 1),
enhanced recreation and facilities (Alternative 2), and expanded recreation and facilities
(Alternative 3). The Park District requested Alternative 3 be approved as it provides for the
opportunity to expand recreational uses and facilities to accommodate increasing demand.
Alternative 3 was selected and approved by the BOR per the Record of Decision which
documents the BOR’s adoption of Alternative 3. Examples of potential recreational facility
expansion include construction of a fishing shelter, a playground structure, a disc golf course,
additional trails and enlargement of the swim lagoon. In addition, Alternative 3 provides for the
planting of shade trees, installation of shade structures and solar panels, and possible overnight
group camping.
Under the 1972 agreement and the new 25-year Agreement, the Park District is responsible for
land use management and development, and the operation and maintenance of public
recreational facilities at the park. As previously noted, currently the City of Antioch operates
and manages Antioch Community Park located in the northeastern portion of Contra Loma
under a Reclamation-approved license agreement granted to the City by the Park District in
1985 and amended in 1990. As part of the new Agreement, the Park District, the BOR and the
City of Antioch have agreed that the City will enter into its own management agreement with
the BOR for operating, maintaining and patrolling Antioch Community Park. As part of the
new BOR-Antioch-Park District arrangement, the parties also have agreed to modify the
boundary lines between the City’s park and Park District lands in order to accommodate more
efficient land use management.
Park Operations staff has reviewed and fully supports the language of the new Agreement. By
executing this Agreement, the Park District will have in place a management agreement for
operating Contra Loma Regional Park for the next 25 years (through 2041) and the opportunity
25
to expand the recreational opportunities at this unique park.
ALTERNATIVES
No alternatives are recommended.
26
Page Left Blank Intentionally
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
AUTHORIZATION TO EXECUTE A TWENTY-FIVE YEAR MANAGEMENT
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE
INTERIOR BUREAU OF RECLAMATION:
CONTRA LOMA REGIONAL PARK
WHEREAS, on December 7, 1971 by its Resolution No. 3877, the East Bay Regional
Park District’s Board of Directors authorized entering into a long-term management agreement
with the United States Department of the Interior Bureau of Reclamation (BOR) for the
administration, operation, maintenance and development of recreational uses and facilities at
Contra Loma Reservior; and
WHEREAS, on September 18, 1972 the BOR and the Park District entered into said
agreement; and
WHEREAS, the 1972 agreement has been amended numerous times and was recently
extended to December 31, 2016 to provide the BOR time to complete, with the cooperation
of the Park District, the City of Antioch, Contra Cost Water District, and the public, a
Resource Management Plan (RMP) and an Environmental Impact Statement (EIS) for the
reservoir site and to develop a new long-term agreement (Agreement) for the administration,
operation, maintenance and development of recreational uses and facilities at Contra Loma
Reservoir by the Park District; and
WHEREAS, the Final RMP and EIS were adopted on September 22, 2014, followed by a
BOR Record of Decision approved in April 2015; and
WHEREAS, the primary emphasis of the RMP is to protect the quality of Contra Loma
Reservoir's water supply, while balancing the management of natural and cultural resources
with enhancements to recreational uses within Contra Loma; and
WHEREAS, the RMP is a 25-year plan to guide the operations at the recreation area
consisting of the 80-acre Contra Loma Reservoir, maintained by the Contra Costa Water
District; Contra Loma Regional Park, comprised of approximately 780 acres of surrounding
land leased and managed by the Park District; and Antioch Community Park, located in the
northeastern portion of Contra Loma and operated by the City of Antioch; and
WHEREAS, the Record of Decision documents the BOR’s adoption of Alternative 3 as
presented in the RMP/EIS. Under Alternative 3, the management direction would be shifted
toward expansion of recreational uses and facilities; and
27
WHEREAS, as part of the new Agreement, the Park District, City of Antioch and BOR
have mutually agreed that the City of Antioch will enter into its own management agreement
with the BOR for the operation, maintenance and patrol of Antioch Community Park; and
WHEREAS, as part of the new BOR-Antioch-Park District arrangement, the parties
have mutually agreed to modify the boundary lines between the City’s park and Park District
lands in order to accommodate more efficient land use management amongst and between the
three operating agencies;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager to enter into a new long-term
management Agreement with the BOR for the administration, operation, maintenance and
development of recreational uses and facilities at Contra Loma Dam and Reservoir; 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
, and seconded by Director
adopted this this 16th day of February, 2016 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
28
and
29
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
f.
Authorization to Execute a Consulting Services Contract with Interactive
Resources, Inc. for the Service Yard Replacement Project: Point Pinole
Regional Shoreline
(Lim/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize a consulting services
contract with Interactive Resouces, Inc. of Richmond, California (Interactive Resources) in the
amount of $201,400 for the Service Yard Replacement Project at the Point Pinole Regional
Shoreline.
REVENUE/COST
Funding for the consulting services contract is available in the project budget.
SOURCE OF FUNDS
Project #173500: Replace Service Yard
Encumbrances and Expenditures to Date
Balance
$ 2,160,000
(78,726)
$ 2,081,274
USE OF FUNDS
Consulting Services Contract
($ 201,400)
BALANCE REMAINING
$ 1,879,874
BACKGROUND
The project involves designing and constructing a new service yard facility at the Point Pinole
Regional Shoreline. The new service yard will replace the existing service yard which is outdated and damaged from a previous fire. The replacement service yard will be located in the
vicinity of the new park improvements being constructed as a part of the current Atlas Road
Bridge project. The new service yard will also be provided with utility services which the
current facility does not have.
30
The project is currently in the design phase. A Requests for Qualifictions (“RFQ”) for design
services was issued on October 7, 2015 and thirteen Statement of Qualifications (“SOQs”)
were received by the November 4, 2015 deadline. Five firms were shortlisted and requested to
provide additional information and project proposals. In addition, the five firms made
presentations to and were interviewed by a selection committee comprised of District staff.
The presentations/interviews took place on December 14, 2015 and Interactive Resources was
determined to be the highest ranked firm.
The consultant’s scope of services include architectural and engineering design, preparing
construction and bid documents, cost estimating, and construction administration services
during the construction phase. Contract terms and conditions have been successfully negotiated
with Interactive Resources and staff recommends awarding the consulting services contract to
them.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City of Richmond has confirmed that the proposed service yard project is compatible with
the District’s existing 1998 Land Use Plan Amendment and 1998 Negative Declaration. As
necessary, the project will conform to any applicable mitigation measures as outlined in the
Negative Declaration.
ALTERNATIVES
No alternatives are recommended.
31
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 –
February 16, 2016
AUTHORIZATION TO EXECUTE A CONSULTING SERVICES CONTRACT WITH
INTERACTIVE RESOURCES, INC. FOR THE SERVICE YARD REPLACEMENT PROJECT:
POINT PINOLE REGIONAL SHORELINE
WHEREAS, the East Bay Regional Park District is proposing a new service yard facility
to replace the existing inadequate service yard facility at Point Pinole Regional Shoreline in
Richmond, California; and
WHEREAS, the District advertised a Request For Qualifications for consulting services
which includes architectural and engineering design, preparing construction and bid documents,
cost estimating, and construction administration services during the construction phase; and
WHEREAS, thirteen (13) firms submitted Statements Of Qualification; and
WHEREAS, the District requested proposals from five qualified firms. After evaluating
the firms, the District has determined Interactive Resources, Inc. of Richmond, California
(Interactive Resources) to be the highest ranked firm, and has successfully negotiated contract
terms and conditions including a fee of $201,400;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District authorizes a consulting services contract with Interactive Resources, in
the amount of $201,400 from Project #173500; 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
th
approved this 16 day of February, 2016 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT
32
and
33
AGENDA
REGULAR MEETINGS
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(Johnson)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize a professional
services contract with Laura McCreery, U.C. Berkeley Institute of Governmental Studies, in
the amount of $27,500 to perform research and preparation of an oral history for East Bay
Regional Park District General Manager Robert E. Doyle, who has also been a longtime
employee for over 35 years.
REVENUE COST
Funding for this project is available in the Public Affairs Division’s 2016 Professional Services
Budget. In 2015 the Board approved a similar project for the oral history of the General
Manager; however, that contract was redirected to complete the oral history of the retiring
AGM of Finance & Management Services, Dave Collins.
BACKGROUND
Documenting the history of the people and places associated with the East Bay Regional Park
District is an essential component to archiving the legacy of the agency’s substantial impact on
the footprint of the Bay Area.
The Board of Directors has indicated that oral histories of relevant and notable individuals
with knowledge about parkland interests should be priorities for the District’s Oral History
Program. EBRPD General Manager Robert E. Doyle is a long-tenured senior executive who
has played a significant role in the growth and development of the Park District well over the
past three decades, and has served as the General Manager for the past four years.
For many years EBRPD has worked closely with Laura McCreery in her capacity as Oral
History Project Director with the Institute of Governmental Studies. Her recent work
34
focusing on the District has included authoring Living Landscape in 2010, chronicling the
extraordinary rise of the East Bay Regional Park District. Additionally, she has invested
thousands of hours producing oral histories of several past and present Board Members and
senior executive staff. Ms. McCreery is a professional resource with extensive knowledge on
the history of the East Bay Regional Park District. Through her work, she has become a
trusted colleague with many staff and Board directors.
Since the District’s founding over 80 years ago, the University of California has been a central
institutional partner to EBRPD, including its association through University President Robert
Gordon Sproul and University Alumni President Robert Sibley. Both Mr. Sproul and Mr. Sibley
participated and were instrumental in the founding of EBRPD and served on the EBRPD Board
of Directors (Mr. Sproul 1958-1967; and Mr. Sibley 1948-1958).
The University’s Institute of Governmental Studies has long been the trusted repository of
information relevant to the District’s history and its leaders. Current oral histories on file at
this library include: Directors Ted Radke, Carol Severin, Doug Siden, and John Sutter; General
Managers William Penn Mott, Richard Trudeau, and Pat O’Brien, and senior executives Jerry
Kent, Hulet Hornbeck and Rosemary Cameron. In final stages of completion are oral histories
of Directors Ayn Wieskamp, Beverly Lane, and Whitney Dotson; and Ted Radosevich, District
Legal Counsel, Michael Anderson, retired Assistant General Manager of Planning, Stewardship,
Design and Construction, and Dave Collins, Assistant General Manager of Finance &
Management Services, which will be held alongside the others mentioned at the Bancroft
Library.
The cost of this project is $27,500, and will include research, interview, collection of
corresponding imagery, writing/transcription and completed copies for the employee and for
EBRPD archives. Completed and final approved published books will remain in perpetuity at
the UC Berkeley Bancroft Library, in care of the Institute of Governmental Studies, alongside
other EBRPD executive histories.
Staff liaison for these executive oral histories will be coordinated by Carol Johnson, AGM of
Public Affairs.
ALTERNATIVES
The Board could decide to reject this proposal. This alternative is not recommended.
35
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 –
February 16, 2016
AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT
WITH LAURA MCCREERY TO CONDUCT AN EXECUTIVE ORAL HISTORY FOR EBRPD
GENERAL MANAGER ROBERT E. DOYLE
WHEREAS, documenting the history of the people and places associated with the East
Bay Regional Park District is an essential component to archiving the legacy of the agency’s
substantial impact on the footprint of the Bay Area; and
WHEREAS, the Board of Directors has indicated that oral histories of relevant and
notable individuals with knowledge about parkland interests should be priorities for the
District’s Oral History Program; and
WHEREAS, East Bay Regional Park District executive oral histories produced under the
direction of Laura McCreery, Oral History Project Director, remain in perpetuity at the
Bancroft Library in care of the Institute of Governmental Studies at the University of California;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby approves a professional services contract with Laura McCreery
to perform research and prepare an oral history for EBPRD General Manager Robert E. Doyle,
in 2016 at a cost not to exceed $27,500; 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
approved this 16th day of February, 2016 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
36
,
and
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(Beshears/Doyle)
RECOMMENDATION
The General Manager and the Board Executive Committee recommend that the Board of
Directors approve the proposed amendment and restatement to the East Bay Regional Park
District General Employees and Sworn Safety Employees Retirement Plans. The restatements
bring the retirement plans into compliance with IRS code and regulations.
REVENUE/COST
The cost to restate the East Bay Regional Park District (EBRPD) Retirement Plans and to file the
appropriate documentation with the IRS will be approximately $12,000, and has been budgeted
in account 101-2210-000-6191. No benefits are being added to the EBRPD Retirement Plans.
BACKGROUND
The District established the East Bay Regional Park District (EBRPD) Retirement Plans for
General Employees and Sworn Safety Employees. The EBRPD Retirement Plans are currently
closed to employees hired after January 1, 2001 and all new employees are covered under the
California Public Employees’ Retirement System (CalPERS) Plan. District employees and current
participants that elected to remain in the EBRPD Retirement Plans are covered under the Plan
Agreements.
These Plans are defined benefits that are subject to the IRS code. The District has not had the
EBRPD Retirement Plans fully reviewed for IRS compliance in five years. The District obtained
the services of Chang, Ruthenberg & Long, a law firm specializing in employee benefits in the
public sector to ensure that the EBRPD Retirement Plans are fully compliant, and to receive a
current IRS Letter of Determination. The firm reviewed the plan documents, created the list of
proposed amendments, and restated the EBRPD Retirement Plans.
37
The proposed restated plans include amendments adopted since the previous restatements.
There were no major plan changes in the restatements. The following changes are included in
the restatements:
1. The Recitals were updated to include the various amendments that have been adopted
since the last restatements and stating that the restatements are adopted for the
purpose of submitting the plans to the IRS requesting the issuance of favorable
determination letters.
2. The effective date of each restatement is January 1, 2016.
3. Section 2.22 of the General Employees Plan was revised to include the Internal Revenue
Code reference to non-highly compensated workforce.
4. Sections 3.08, 3.09 and 12.01 were revised to include the updated Revenue Procedure
applicable to the Employee Plans Compliance Resolution System.
5. Section 7.05 of the Sworn Safety Plan and section 7.06 of the General Employees Plan
were revised to include the PEPRA reference to Felony Convictions and Forfeitures of
Benefits referenced in section 13.02.
The District met and reviewed the proposed amendments with the leadership of both AFSCME
Local 2428 and the Police Association.
ALTERNATIVES
None are recommended.
38
EAST BAY REGIONAL PARK DISTRICT
Resolution No.: 2016 – 02 February 16, 2016
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
WHEREAS, the East Bay Regional Park District (the “Employer”) established the East Bay
Regional Park District General Employees and Sworn Safety Employees Retirement Plans for the
exclusive benefit of eligible employees and their beneficiaries (the “EBRPD Plans”); and
WHEREAS, the Employer wishes to keep the EBRPD Plans fully compliant with IRS code
and regulations; and
WHEREAS, pursuant to Section 12.1 of both EBRPD Plans, the Board of Directors
reserves the right to amend the EBRPD Plans;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby approves the amendment and restatement of the General
Employees and Sworn Safety Employees Retirement Plans effective January 1, 2016.
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
this 16th day of February, 2016, by the following vote:
FOR:
AGAINST:
ABSENT:
ABSTAIN:
39
, and approved
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(Brede/T. Anderson)
RECOMMENDATION
The General Manager recommends the Board of Directors appropriate funds previously
received through asset forfeiture proceedings and utilize existing funds in the Public Safety
budget to approve the sole source purchase/upgrade of seventy-five (75) personal video
cameras from Vievu, Inc. of Seattle, Washington in the amount of $50,184, including tax and
shipping.
REVENUE/COST
SOURCE OF FUNDS
Appropriate:
From Police Department Asset Forfeiture Distribution Fund
Restricted Fund Balance (260-0000-000-2814)
To Police Department Asset Forfeiture Account
(260-8120-898-5371)
Balance
Police Department Small Tools/Equipment Account
(101-8210-000-5371)
Total Sources
USE OF FUNDS
Base Price for Personal Video Cameras
Less: Camera trade in for Vievu LE4
Shipping
Tax
$ 92,936
$ 30,000
$ 62,936
$ 20,184
_______
$ 50,184
$ 67,497
-22,500
125
5,062
Total Proposed Appropriation
$ 50,184
40
BACKGROUND
The District’s police officers have been equipped with body-worn cameras since 2008. The
body-worn camera allows officers to make audio/video recordings while making contacts and
arrests in the field. The Police Department has had considerable success in utilizing these
cameras to document assaults on officers, appropriate uses of force, suspect confessions, and
documentation of enforcement stops. The cameras also protect District officers against
frivolous complaints. The Police Department frequently utilizes videos captured by the bodyworn cameras for training purposes for new and in-service officers. American law enforcement
generally is heading in the direction of having body-worn cameras a standard piece of law
enforcement equipment; however the District implemented this technology years before this
trend. The District stores data collected by the body-worn cameras on a secure District
server in accordance with standard evidence collection policies consistent with District record
retention policies.
Staff has utilized the Vievu brand cameras since acquiring them. The Vievu camera is
lightweight, worn on the officer’s uniform and provides a video recording that is superior in
quality and resolution than other market products. Our current Vievu model (LE-3), is not
capable of pre and post event recording (e.g. 30 seconds prior to and after the unit is
activated). The new model, (LE-4), offers feature this as well as an upgraded, wider-range field
of view, a full-shift battery (providing over 12 hours of continuous recording), and a higher
video resolution. These cameras will also be utilized in narcotics enforcement investigations
and arrests commonly encountered by District officers, recordings of which are provided to
the District Attorney for criminal prosecution purposes.
Vievu, Inc. of Seattle, Washington, is recommended as the sole source supplier as they have
proven to be a reliable tool for our agency for the last eight years and are used by are used by
over 4000 police agencies worldwide. Vievu, Inc. has provided a quote of approximately
$75,000 for replacement cameras, but has offered the District a one-time, trade-in program for
our existing LE-3 units of $22,500. As our original provider of this equipment, we currently
utilize their proprietary software to control access to and distribution of the video recording
evidence. Thus no new training or software adjustments to the District’s evidence server are
warranted.
ALTERNATIVES
The Board of Directors could choose not to approve the purchase/upgrade of the personal
video cameras. This option is not recommended by staff.
41
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
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
WHEREAS, the District desires to maintain a professional police department that is
equipped with the most appropriate equipment to provide safe and accountable law
enforcement service; and
WHEREAS, partial funding is available to purchase small personal cameras for police
department officers in Account 101-8210-000-5371 and the restricted fund balance of the Asset
Forfeiture Distribution Fund; and
WHEREAS, Vievu, Inc. produces a small personal camera that fulfills the District’s needs
for a portable camera for officers for use during routine and drug enforcement activities;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District authorizes the purchase of seventy-five (75) personal video cameras from
Vievu, Inc. of Seattle, Washington in the amount of $50,183.47, including tax and shipping and;
BE IT FURTHER RESOLVED that the Board of Directors authorize the appropriation of
$30,000 from the Asset Forfeiture Distribution Fund restricted fund balance 260-0000-0002814 to Account 260-8210-898-5371 for said purchase, as outlined on the attached Budget
Change Form, and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
Moved by Director,
seconded by Director
approved this 16th day of February 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
42
and
EAST BAY REGIONAL PARK DISTRICT
BUDGET CHANGE FORM
NEW APPROPRIATIONS
X New Appropriation
Between Fund Sources
DECREASE BUDGET ACCOUNT
BUDGET TRANSFERS
Between Projects
From Another Department
AMOUNT
INCREASE BUDGET ACCOUNT
Account Name: Expense: Asset
Forfeiture Distribution Fund-Public SafetyOther Forfeiture Funds-Supplies
AMOUNT
$
Acct# 260-8120-898-5371
30,000
REASON FOR BUDGET CHANGE ENTRY:
As being presented at the Board of Directors meeting on February 16, 2016 the General Manager recommends that
the Board of Directors authorize the appropriation of $30,000 fund balance from the Asset Forfeiture Distribution Fund,
restricted fund balance #2814, to allow Public Safety to purchase new cameras.
As approved at the Board of Directors Meeting on:
Date:
2/16/2016
Board of Directors Resolution Number: 2016-02Date:
Posted By:
Signature
43
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(McCrystle/Brede/Anderson)
RECOMMENDATION
The General Manager recommends the Board of Directors transfer and appropriate funds
previously received through asset forfeiture proceedings, accept donation and appropriate funds
from the Regional Parks Foundation and transfer Public Safety Budgeted funds to authorize the
purchase of a new Mobile Incident Command Vehicle from Lynch Diversified Vehicles (LDV) of
Burlington, WI., in the amount of $324,033 including tax.
REVENUE/COST
The sum of several funding sources as listed below will provide the funds necessary for the
purchase of a new Mobile Incident Command Vehicle, Project # 174500.
SOURCE OF FUNDS
Mobile Incident Command Vehicle Project #174500
Board Resolution 2013-11-250
(Account 333-8120-000-7505-174500)
Transfer and appropriate to Project # 174500:
Police Department Narcotics Asset Forfeiture Fund
Restricted fund balance
(From Account 260-0000-000-2814)
2016 Police Department GF Supplies
(From Account 101-8210-000-5XXX)
$145,000
55,000
49,033
Accept donation and appropriate to project #174500:
Regional Parks Foundation Grant- Tesoro Corporation
44
75,000
Total Proposed Appropriation
$324,033
USE OF FUNDS
Purchase of Mobile Incident Command
Vehicle from Lynch Diversified Vehicles
(Account 333-8120-000-7505-174500)
$324,033
BACKGROUND
The District acquired a surplus 1989 Fleetwood Motorhome from the Oakland Fire Department
slated for auction in 2000. District staff arranged for the vehicle to be refurbished and outfitted
with the communications equipment to serve as a mobile emergency incident command post. It
has been utilized since then but has become effectively unserviceable and plagued with mechanical
issues.
In November of 2013, the Board approved Resolution 2013–11–250 moving forward with the
purchase of a replacement mobile incident command vehicle (MIC). A capital project account was
established (333-8120-000-7505-174500), and staff has been working towards identifying a
vendor through market research. Staff developed specifications for the MIC that meet the specific
needs of the District and comply with the minimum standards recommended by the International
Association of Chiefs of Police. After review by the District’s Legal Department, staff issued an
RFP and subsequently completed interviews with bidder vendors. It was determined that
additional funding was needed to complete the MIC replacement project. Staff has identified
funding for the project through the sources listed above.
The District received a total of four proposals ranging from, $254,965 to $379,296. After
reviewing the proposals, staff recommended that three vendors met the specifications and were
invited to be interviewed to present comprehensive proposals. These vendors included:

Farber Specialty Vehicles
Reynoldsburg, OH
Quote: $297,882.00

The Armored Group, LLC
Plano, TX
Quote: $254,965.00

Lynch Diversified Vehicles (LDV)
Burlington, WI
Quote: $298,648.00
Staff listened to all of the proposals and scored the proposals based criteria which met the
District’s objectives. After scoring the proposals, staff compared their results and ranked the
vendors in the following preferred order:
#1:
#2:
#3:
Lynch Diversified Vehicles (LDV)
Farber Specialty Vehicles
The Armored Group, LLC
Lynch Diversified Vehicles (LDV) is being recommended by staff to be awarded the contract.
LDV provided the most comprehensive proposal and most desirable timeline. LDV has
45
successfully designed and built over 20,000 diverse specialty vehicles during their 35 years in the
Mobile Specialty Vehicle Business. LDV has provided such vehicles through GSA contract to
Local, State, and Federal Government customers since 1993. LDV builds and delivers 50 to 60
of these vehicles a year and maintain a complete inventory of the parts required to build, service
and maintain the vehicle. Many other manufacturers only build a handful of these units per year
and do not stock a sufficient inventory of parts for a quick response to service and maintenance
needs.
The MIC described in the District’s RFP is a standard product for LDV and their proposed
specifications include all of the necessary wiring and components needed to provide a complete,
turn-key command vehicle. Additionally LDV engineers reviewed the RFP specifications and
performed payload and power calculations to confirm the vehicle they are proposing is built on
the proper GVWR chassis meeting California DMV specifications and has a generator system that
will provide the power required to operate the incident command vehicle and all onboard
equipment.
The Police Department receives funds annually from the federal and state asset forfeiture process
as a result of the District’s drug enforcement activities. Assets that are seized during the course
of narcotics investigations can be forfeited and turned over to law enforcement agencies and the
District Attorney’s Offices for use in narcotics enforcement if so ordered by the Court. Over
the past several years, the District has been the recipient of funds in accordance with this
procedure. Pursuant to both federal and state laws, these funds are deposited in a special account
and cannot be co-mingled with the General Fund. These accounting practices have been adhered
to by the District. Expenditures made by utilizing these funds must be approved by the District’s
governing body.
ALTERNATIVES
The Board of Directors could choose not to approve the replacement of the MIC vehicle. This
option is not recommended by staff.
46
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 –
February 16, 2016
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
WHEREAS, the District desires to maintain a professional public safety division that is
equipped with the most appropriate equipment to provide safe and accountable service; and
WHEREAS, funding has been identified by several sources including a donation from the
Regional Parks Foundation, asset forfeiture funds and funds existing in the District budget; and
WHEREAS, Lynch Diversified Vehicles (LDV) has the experience and capabilities to
provide the East Bay Regional Park District with a mobile incident command vehicle built to the
highest quality that will meet our needs for major incidents, crime scenes, disasters and use
during routine and drug enforcement activities;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District authorizes the purchase of a new Mobile Incident Command Vehicle
from Lynch Diversified Vehicles, in the amount of $324,033 including tax and licensing and;
BE IT FURTHER RESOLVED that the Board of Directors accepts a donation of $75,000
from the Regional Parks Foundation by Tesoro Corp.; authorizes the transfer and appropriation
of $55,000 from the Asset Forfeiture restricted fund balance 260-0000-000-2814 and the
transfer of $49,033 from Police Department Supplies Account 101-8210-000-5XXX; and
encumber $145,000 from the Mobile Incident Command Vehicle Project Account 333-8120000-7505-174500 for the purchase of a new mobile incident command vehicle as noted in the
attached Budget Change Form and;
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
Moved by Director,
seconded by Director
approved this 16th day of February 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
47
and
EAST BAY REGIONAL PARK DISTRICT
BUDGET CHANGE FORM
NEW APPROPRIATIONS
X New Appropriation
X Between Fund Sources
DECREASE BUDGET
Account Name: Expense: General FundPublic Safety-District Wide-Safety
Supplies/equipment
AMOUNT
$
Acct# 101-8210-000-5111
Account Name: Expense: General FundPublic Safety-District Wide-Safety
Personal Protective Equipment
Acct# 101-8210-000-5113
TRANSFER OUT
Account Name: Transfer Out: Asset
Forfeiture Distribution Fund-NonDepartmental-District Wide-Transfer Out
BUDGET TRANSFERS
X Between Funds
From Another Department
INCREASE BUDGET
Account Name: Expense: Capital FundPublic Safety-District Wide-Captial
Rolling Stock / Replace Incident
Command Vehicle-Asset Forfeiture
Distribution Fund-Contract
AMOUNT
Acct# 333-8210-000-7505 / 174500
12,000 DAFD-372
$
55,000
Account Name: Expense: Capital FundPublic Safety-District Wide-Captial
Rolling Stock / Replace Incident
Command Vehicle-General FundContract
Acct# 333-8210-000-7505 / 174500 DS1037,033 372
49,033
Account Name: Expense: Capital FundPublic Safety-District Wide-Captial
Rolling Stock / Replace Incident
Command Vehicle-Asset Forfeiture
Distribution Fund-Contract
Acct# 333-8210-000-7505 / 174500
75,000
GLP1-372
AMOUNT
TRANSFER IN
AMOUNT
Account Name: Transfer In: Capital
Fund-Non-Departmental-District WideTransfer In
Acct# 260-9110-000-9980
Account Name: Transfer Out: Asset
Forfeiture Distribution Fund-NonDepartmental-District Wide-Transfer Out
$
55,000 Acct# 333-9110-000-3980
Account Name: Transfer In: Capital
Fund-Non-Departmental-District WideTransfer In
$
55,000
Acct# 260-9110-000-9980
$
49,033 Acct# 333-9110-000-3980
$
49,033
REASON FOR BUDGET CHANGE ENTRY:
As being presented at the Board of Directors meeting on February 16, 2016 the General Manager recommends that
the Board of Directors authorize the transfer and appropriation of $55,000 from the Asset Forfeiture Distribution Fund,
restricted fund balance #2814, to augment the project budget 174500 to purchase a new incident command vehicle. In
addition the General Manager recommends that the Board of Directors authorize the acceptance and appropriation of
funds from the Regional Parks Foundation and a transfer of General Fund supplies budget to cover all costs related to
receipt of the vehicle.
As approved at the Board of Directors Meeting on:
Posted By:
Date:
2/16/2016
Board of Directors Resolution Number: 2016-02Date:
Signature
T:\BOARDCLK\BOARD MATERIAL\2016\3 - February 16, 2016\S Drive\Proj 174500 Incident Command Vehicle
48
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
k.
Authorization to Award a Contract to R&M Paving Contractors, Inc. for
Redwood Service Yard Paving Project: Redwood Regional Park
(Barrington/ O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize staff to accept the
bid and execute a contract from R&M Paving Contractors, Inc. of Milpitas, California for paving
the Redwood Service Yard at Redwood Regional Park.
REVENUE/COST
The Board appropriated funding for the purpose of maintaining and preserving the District’s
network of asphalt paved roads, regional trails, and parking areas. The current project includes
funding from Project #520700 (Pave Roads and Trails).
SOURCE OF FUNDS:
Pave Roads and Trails #520700
BALANCE AVAILABLE
$ 734,540
$ 734,540
USE OF FUNDS:
R&M Paving Contractors, Inc. Base Bid Price
Other costs including contingency
Total Encumbrance
$ 77,000
$ 20,000
$ 97,000
BALANCE REMAINING
$ 637,540
BACKGROUND
The Board of Directors and staff are committed to preserving and maintaining the District’s
existing infrastructure. An important component of this infrastructure is the District’s network
of paved roads, trails, and parking lots. This project will be recycling the existing asphalt, and
49
regrading and paving the Redwood Service yard. The average PCI of the yard is 25. The
sections PCI’s will increase to 100 after the project is completed. This project is included in the
ongoing District-wide Pavement Maintenance and Preservation Program (PMPP).
The Notice to Bidders was published on January 7, 2016 in the McGraw Hill Construction Plan
Room. Ten firms purchased Bid Documents and seven firm’s submitted bids on Thursday,
January 28, 2016, as follows:
Plan Holder
Base Bid Total
R&M Paving Contractors Inc.
$77,000
Asphalt Surfacing Inc.
$93,150
American Asphalt
$97,671
Breneman Inc.
$109,593
Silicon Valley Paving
$113,875
Alaniz Construction
$122,016
Galeb Paving Inc.
$141,160
Staff’s cost estimate for this project was $100,000.
The bid submitted by R&M Paving Contractors, Inc. of Milpitas, California met the specifications
and conditions for the project; therefore, R&M Paving Contractors, Inc. is the lowest
responsible bidder.
ALTERNATIVES
None are recommended.
50
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
AUTHORIZATION TO AWARD A CONTRACT TO R&M PAVING
CONTRACTORS, INC. FOR REDWOOD SERVICE YARD PAVING PROJECT:
REDWOOD REGIONAL PARK
WHEREAS, the District has included funding in its 2016 Budget for the purpose of
managing, maintaining, and preserving the District’s pavement infrastructure; and
WHEREAS, the asphalt repairs for Redwood Service Yard Paving Project are included in
the ongoing District-wide Pavement Maintenance and Preservation Program (PMPP); and
WHEREAS, funds are available in project account #520700 (Pave Roads and Trails); and
WHEREAS, requests for bids for the Redwood Service Yard Paving Project, were
solicited and received: and seven firms submitted qualified bids of which, R&M Paving
Contractors, Inc. of Milpitas, was the lowest responsible bidder;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby authorizes the award of contract to R&M Paving Contractors, Inc.
of Milpitas California, for a grand total not to exceed $77,000, and authorization for other costs
including contingency up to $20,000 from funds available in project 520700 Pave Roads and
Trails; 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
th
adopted this 16 day of February, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
51
, and
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(Ragatz/O’Connor)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize an amended contract
with Condor Earth Technologies, a sole source contract, for the increased scope of work needed
for the Pillar B stabilization, Improve Mine Shaft Project at Black Diamond Mines Regional
Preserve.
REVENUE/COST
Funds are available for the Condor Earth Technologies contract amendment for the increased
scope of work needed for the Pillar B stabilization in the Improve Mine Shaft Project #121002 for
$11,953, increasing the total contract amount to $29,773.
SOURCE OF FUNDS:
Improve Mine Shaft Project (#121002)
Expended/Encumbered as of 01/27/2016
Balance Available
$ 280,000
(153,214)
$ 126,787
PROPOSED USE OF FUNDS:
Improve Mine Shaft Project (#121002)
Balance Remaining
(11,953)
$ 114,834
BACKGROUND
On January 23, 2015, the District entered into a sole source Contract for Services with Condor
Earth Technologies, not to exceed $17,820 Project #121002, to provide engineering services and
construction monitoring for the installation of rock bolts, shotcrete, and associated reinforcement
52
associated with the stabilization of pillar “B”. The rock fall that occurred on June 9, 2015, required
changes to the construction work plan, and engineering design, moving the locations of rock bolts
and adding additional structural elements to the original design. The initial contract for services
in the amount of $17,820 needs to be increased by $11,953, available in Project #121002, for a
total of $29,773.
The District has worked with Condor Earth Technologies for numerous projects including the
previous work done on the Pillar B stabilization project. Due to the extent of knowledge and
experience possessed specific to this project, it is recommended Condor Earth Technologies be
used to perform the amended scope of work as described above. Contracts over $25,000 require
approval from the District’s Board of Directors.
District Counsel has reviewed the justification and has approved this as a sole source contract.
ALTERNATIVE
No alternative is recommended.
53
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
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
WHEREAS, additional work is required due to changes to the Pillar B Stabilization
construction work plan and engineering design, moving the locations of rock bolts, and adding
additional structural elements to the mine repair original design; and
WHEREAS, Condor Earth Technologies has done numerous projects for the District
including the previous work done on the Pillar B stabilization, and District Counsel has reviewed
and concurs with the sole source recommendation to complete the project; and
WHEREAS, contracts over $25,000 require approval from the District’s Board of
Directors; and
WHEREAS, the initial contract for services in the amount of $17,820 needs to be increased
by $11,953, available in Project #121002, for a total of $29,773;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District authorizes and amends the sole source contract with Condor Earth
Technologies by $11,953 for the Pillar B stabilization project for a total contract cost of $29,773;
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
approved this 16th day of February, 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
54
, and
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
m.
Approval of the District’s 2016 Investment Policy
(Zenoni/Auker)
RECOMMENDATION
The General Manager and the Board Finance Committee (by unanimous vote on January 27,
2016) recommend that the Board of Directors approve the 2016 Investment Policy for District
funds.
REVENUE/COST
There is no cost associated with this item.
BACKGROUND
In accordance with the Board Operating Guidelines (Section VIII K.1), the District’s Investment
Policy is reviewed annually by the Board Finance Committee and recommended to the full
Board of Directors for approval. The investment of District funds is governed by the California
Government Code (Sections 53600-53610). The Government Code prescribes the permitted
investments in which public agencies may invest available funds.
The purpose and objective of the Investment Policy is to provide guidance and direction for the
prudent investment of District funds within the parameters set by the Government Code. The
guiding principles for the investment of public funds are safety, liquidity, and yield – in that
order. Safety ensures that the funds are invested in high quality securities. Liquidity ensures
that funds will be available when needed to meet ongoing operating and capital costs. Once the
principles of safety and liquidity are met, the District strives to obtain a market rate of return
on invested funds to maximize interest earnings.
Staff has reviewed the current Investment Policy with both of the District’s investment
managers (Public Financial Management (PFM) and Insight Investments (formerly Cutwater)).
Based upon that review, two amendments to the current investment policy are recommended
to reflect changes to the California Government Code. The proposed changes are noted in red
on the attached draft Investment Policy and include the following:
1) The addition of “Supranationals” as a permitted investment as provided in Section
53601(q) of the California Government Code as amended effective January 1, 2015. The
55
amendment to the Government Code permits local agencies to invest in the senior debt
obligations of three supranational issuers which are headquartered in the United States the International Bank for Reconstruction and Development, the International Finance
Corporation and the Inter-American Development Bank. Supranationals are multilateral
lending institutions that provide development financing, advisory services, and other
financial services to their member countries to promote improved living standards
through sustainable economic growth. To qualify as a permitted investment, the
supranational must be denominated in U.S. dollars, have a credit rating of “AA” or
better by a Nationally Recognized Statistical Rating Organization (NRSRO) and may not
exceed 30 percent of the District’s investment portfolio. This proposed change is
reflected on page 8 (Section 9.12) and page 14 (Glossary of Investment Terms and
Instruments.) of the 2016 draft Investment Policy.
2) The current Investment Policy states that the District will not invest in instruments
whose maturities exceed five years at the time of trade settlement. In accordance with
the provisions of Section 53601 of the Government Code, it is recommended that
language be added to the District’s Investment Policy which provides flexibility for an
investment maturity beyond five years for a specific purpose if approved by the Board of
Directors at least three months before the investment is made. This proposed change is
reflected on page 9 (Section 12) of the 2016 draft Investment Policy. This provision
could be utilized in the future to increase interest earned on certain endowment funds
which the District holds in perpetuity.
The proposed revisions to the District’s Investment Policy were reviewed with the Finance
Committee on January 27, 2016. The Finance Committee directed staff to present this
information to the Board of Directors for acceptance.
ALTERNATIVES
There are none recommended.
ATTACHMENTS
A. Resolution
B. 2016 Investment Policy with proposed changes in “redline”
56
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
APPROVAL OF THE DISTRICT’S 2016 INVESTMENT POLICY
WHEREAS, pursuant to Board Operating Guidelines the Board of Directors shall
annually review and approve all changes to the District’s Investment Policy, as recommended by
the Board Finance Committee; and
WHEREAS, the Board Finance Committee reviewed this item at their meeting on
January 27, 2016, and unanimously recommended favorable consideration of this item by the
Board of Directors; and
WHEREAS, management responsibility for the District’s investment program is
delegated annually by the Board of Directors to the Chief Financial Officer/Controller pursuant
to the Investment Policy; and
WHEREAS, the Investment Policy is in compliance with Government Code
requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby delegates responsibility for the District’s investment program to
the Chief Financial Officer/Controller and approves the attached 2016 Investment Policy, which
is effective for the 2016 Fiscal Year and until amended, and
BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer
are hereby authorized and directed on behalf of the District and in its name, to execute and
deliver such documents and to do such acts as may be deemed necessary or appropriate to
accomplish the intentions of the resolution.
Moved by Director,
seconded by Director
16th day of February, 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
57
, and adopted this
Page Left Blank Intentionally
EAST BAY REGIONAL PARK DISTRICT
2016 INVESTMENT POLICY
1.
2.
PURPOSE & POLICY
1.1
The purpose of this Investment Policy for the East Bay Regional Park District
(the District) is to provide guidance and direction for the prudent investment of
District funds, and to foster the creation of a systematic and controlled
investment process. The ultimate goal is to maximize the efficiency of the
District’s cash management system, and to enhance the economic status of the
District while protecting its pooled cash. The initial step toward a prudent
investment policy is to set out a clear statement of fundamental investment
direction.
1.2
The District policy is to invest public funds in a prudent manner, providing the
highest yield with the maximum security of principal invested, while also meeting
the daily cash flow requirements of the District. Also, the District’s policy is to
conform to all applicable federal, state, and local statutes governing the
investment of public funds.
SCOPE
This Investment Policy applies to all financial assets of the District, excluding: (a)
retirement funds held by trustees, but accounted for in the District’s general ledger as a
trust fund; (b) OPEB funds held by trustees, but accounted for in the District’s general
ledger as a trust fund, (c) employee deferred compensation funds held in a trust and not
considered financial assets of the District, and; (d) bond proceeds, the investment of
which shall be governed by the provisions of the related bond indentures or resolutions.
Financial assets are reported in the District’s Comprehensive Annual Financial Report,
and are accounted for in the following funds:
General Fund
Special Revenue Funds
Capital Project Funds
Debt Service Funds
Internal Service Funds
Permanent Funds
Any new fund created by the District unless specifically exempted.
3.
PRUDENCE
The standard of prudence to be used for managing the District’s investment program is
California Government Code Section 53600.3, the prudent investor standard which
states, “When investing, reinvesting, purchasing, acquiring, exchanging, selling, or
managing public funds, a trustee shall act with care, skill, prudence, and diligence under
the circumstances then prevailing, including, but not limited to, the general economic
conditions and the anticipated needs of the agency, that a prudent person acting in a like
58
capacity and familiarity with those matters would use in the conduct of funds of a like
character and with like aims, to safeguard the principal and maintain the liquidity needs
of the agency.”
Investment officers acting in accordance with written procedures and this Investment
Policy and exercising due diligence shall be relieved of personal responsibility for an
individual security’s credit risk or market risk, provided deviations from expectations
are reported in a timely fashion and appropriate action is taken to control adverse
developments.
4.
RISK TOLERANCE
The District recognizes that investment risks can result from issuer defaults, or various
technical complications leading to temporary illiquidity.
5.
4.1
Credit risk, defined as the risk of loss due to failure of the issuer of a security,
shall be mitigated by investing in high grade securities and diversification.
4.2
Market risk, defined as market value fluctuations due to overall changes in
market price and rate, shall be mitigated by maintaining appropriate
diversification of assets.
4.3
Interest rate risk, defined as market value fluctuations due to changes in interest
rates, interest rate spreads, or the shape of the yield curve, shall be mitigated by
maintaining an appropriate duration strategy and diversification of maturities.
4.4
Custodial credit risk, defined as the risk of loss due to the failure of the
custodian, shall be mitigated by prudent custodian selection procedures and
requirements, as described in section 14 of this Policy.
Objectives
The District strives to maintain in its investment portfolio 100% of all idle funds, given
daily, and projected cash flow needs. The District’s funds shall be invested in
accordance with all applicable District policies and codes, state statutes, and federal
regulations, and in a manner designed to accomplish the following objectives, which are
listed in priority order:
5.1
SAFETY. The safety and risk associated with an investment refers to the potential
loss of principal, interest, or a combination of those amounts. Safety of principal
is the foremost objective of the District’s investment program, followed by
liquidity and yield. Investments of the District shall be undertaken in a manner
that seeks to ensure the preservation of capital in the overall portfolio. The
District only operates in those investments that are considered very safe. Also,
safety is ensured by diversification, which is required in order that potential
59
losses on individual securities do not exceed income from the remainder of the
portfolio.
6.
5.2
LIQUIDITY. Liquidity refers to the ability to sell an investment at any given
moment with a minimal chance of losing some portion of principal or interest.
The District’s investment portfolio shall remain sufficiently liquid to meet all
operating requirements that might be reasonably anticipated. The District will
maintain an adequate percentage of the portfolio in liquid short-term securities
that can be converted to cash, if necessary, to meet disbursement requirements.
This need for investment liquidity may be tempered to the extent the District is
able to issue short-term notes to meet its operating requirements. However, in
the absence of a Debt Issuance Policy, approved by the Board of Directors,
there should not be a reliance on short-term borrowing to provide liquidity.
5.3
YIELD/RETURN. The portfolio shall be designed to attain a market rate of return
throughout budgetary and economic cycles, taking into account the investment
risk constraints and the cash flow characteristics of the portfolio, and state and
local laws, regulations and resolutions that restrict the placement of short-term
funds.
5.4
ENVIRONMENTAL RESPONSIBILITY. The District will not knowingly invest in firms
that engage in activities deleterious to the environment.
5.5
PUBLIC TRUST. All participants in the investment process shall act reasonably as
custodians of the public trust. Investment officials shall recognize that the
investment portfolio is subject and open to public scrutiny and evaluation. The
overall program shall be designed and managed with the degree of
professionalism required to be worthy of the public trust.
DELEGATION OF AUTHORITY
Management responsibility for the District’s investment program is delegated annually
by the District’s Board of Directors to the Chief Financial Officer/Controller, who shall
establish procedures for the operation of the investment program, consistent with this
Investment Policy. Such procedures will include appropriate delegation of authority to
persons responsible for investment transactions. No person may engage in investment
transactions except as provided under the terms of this Investment Policy, and the
procedures established by the Chief Financial Officer/Controller. The Chief Financial
Officer/Controller is hereby delegated the authority from the Board of Directors to:
6.1
Enter into agreements with the District’s depository in order to enable the Chief
Financial Officer/Controller, or his/her designee to execute investment
transactions that will involve charges and credits to the District’s bank accounts.
6.2
Enter into banking arrangements with a third party bank trust department to
facilitate the third-party safekeeping of District investments.
60
6.3
Establish operating procedures as deemed appropriate to operate an investment
program consistent with this Investment Policy.
Upon the recommendation of the Chief Financial Officer/Controller, the Board of
Directors may engage the support services of outside investment advisors with respect
to the District’s investment program, so long as it can be demonstrated that these
services produce a net financial advantage or necessary financial protection of the
District’s financial resources.
7.
8.
ETHICS AND CONFLICT OF INTEREST
7.1
The Chief Financial Officer/Controller and all personnel responsible for
authorizing the purchase of investments shall refrain from personal business
activities that could conflict with proper execution of the investment program
and/or which could impair their ability to make impartial investment decisions.
The Chief Financial Officer/Controller and all responsible personnel shall
disclose to the Board of Directors and the General Manager any material
financial interests in any financial institutions that conduct business with the
District that could be related in a conflicting manner to the performance of the
District’s investment portfolio.
7.2
The Chief Financial Officer/Controller and all investment personnel, designated
by the Chief Financial Officer/Controller shall file a Statement of Economic
Interests each year as required by California Government Code Section 87203
and regulations of the Fair Political Practices Commission.
AUTHORIZED BROKER/DEALERS
8.1
The Chief Financial Officer/Controller shall maintain a list of broker/dealers
approved for investment purposes, and it shall be the policy of the District to
purchase securities only from those brokers and the firms they represent. Each
approved broker/dealer must possess an authorizing certificate from the
California Commissioner of Corporations as required by Section 25210 of the
California Corporations Code. The firms they represent must:
a. be recognized as a Primary Dealer by the Federal Reserve Bank of New York
or have a primary dealer within its holding company structure, or
b. report voluntarily to the Federal Reserve Bank of New York, or
c. qualify under Securities and Exchange Commission (SEC) Rule 15c3-1
(Uniform Net Capital Rule).
61
9.
8.2
When purchasing investments, broker/dealers located in Alameda and Contra
Costa Counties will be considered when possible provided that their offerings
are competitive and meet the criteria established by this Investment Policy.
8.3
Each authorized broker/dealer shall be required to submit and annually update a
District approved Broker/Dealer Information Request form that includes the
firm's most recent audited financial statements. The registration status and
standing of all brokers/dealers shall be verified with the Financial Industry
Regulatory Authority (FINRA) or other applicable regulatory organizations.
8.4
If the District has an investment advisor, the investment advisor may use its own
list of authorized broker/dealers to conduct transactions on behalf of the
District.
AUTHORIZED AND SUITABLE INVESTMENTS
All investments and deposits of the District shall be made in accordance with California
Government Code Sections 16429.1, 53600-53609 and 53630-53686. Although the
following includes authorized investments, the Chief Financial Officer/Controller shall
determine the extent to which they are suitable, based upon this Investment Policy and
the resources used by the Chief Financial Officer/Controller in implementing it.
Limitations identified in the following sections shall be adhered to and the percentage
limits and credit criteria shall be measured against portfolio value on the date the
investment is purchased. In the event of a credit downgrade below the minimum
acceptable credit rating, the District shall require investment advisors, engaged in the
investing of District funds, to notify District staff of the downgrade, and provide a plan
of action to address the downgrade:
9.1.a. United States Treasury bills, notes, bonds, or strips with a final maturity not
exceeding five years from the date of trade settlement. There is no limit on the
percentage of U.S. Treasury obligations that may be held in the District's portfolio.
9.1.b. Federal Agency or U.S. government-sponsored enterprise obligations,
participations, or other instruments, including those issued by or fully guaranteed as
to principal and interest by federal agencies or U.S. government-sponsored
enterprises with maturities not exceeding five years from the date of trade
settlement. The aggregate investment in securities authorized in this section shall
not exceed 75% of the District’s portfolio.
9.2
Eligible Banker’s Acceptances with a maturity not exceeding 180 days from the
date of trade settlement, drawn on or accepted by a FDIC insured commercial
bank with combined capital and surplus of at least $250 million, rated at least A1 or the equivalent by a nationally recognized statistical rating organization
(NRSRO) at the time of purchase and whose senior long-term debt is rated at
62
least A or the equivalent by a NRSRO at the time of purchase. No more than
5% of the District’s total portfolio shall be invested in banker’s acceptances of
any one issuer, and the aggregate investment in banker’s acceptances shall not
exceed 40% of the District’s total portfolio.
9.3
Prime Commercial Paper with a maturity not exceeding 270 days from the date
of trade settlement with the highest ranking or of the highest letter and number
rating as provided for by a NRSRO. The entity that issues the commercial paper
shall meet all of the following conditions in either sub-paragraph A. or subparagraph B. below:
A. The entity shall (1) be organized and operating in the United States as a
general corporation, (2) have total assets in excess of $500,000,000 and (3) have
debt other than commercial paper, if any, that is rated A or higher by a NRSRO.
B. The entity shall (1) be organized within the United States as a special purpose
corporation, trust, or limited liability company, (2) have program wide credit
enhancements, including, but not limited to, over collateralization, letters of
credit or surety bond and (3) have commercial paper that is rated at least A-1 or
the equivalent, by a NRSRO.
No more than 5% of the District’s total portfolio shall be invested in the
commercial paper of any one issuer, and the aggregate investment in commercial
paper shall not exceed 25% of the District’s total portfolio. Moreover, the
District shall not purchase more than 10% of the outstanding commercial paper
of any single issuer.
9.4
Non-negotiable certificates of deposit with a final maturity not exceeding five
years and shall meet the conditions in either paragraph (a) or paragraph (b)
below:
(a) Certificates of deposit shall meet the requirements for deposit under
California Government Code Section 53630 et. seq. To be eligible to
receive District deposits, the financial institution must meet the
requirements of California Government Code Section 53635.2. Deposits
are required to be collateralized as specified under California
Government Code Section 53630 et. seq. The Chief Financial
Officer/Controller, at his or her discretion, may waive the
collateralization requirements for any portion that is covered by federal
deposit insurance. The District shall also have a signed agreement with
the depository per California Government Code Section 53649.
(b) Certificates of deposit placed through a deposit placement service shall
meet the requirements of Government Code Section 53601.8. The full
amount of the principal and the interest that may be accrued during the
maximum term of each certificate of deposit shall at all times be insured
by federal deposit insurance.
No more than 5% of the portfolio shall be held in any one deposit or allocated
63
to any one issuer, and the aggregate investment in non-negotiable certificates of
deposit and negotiable certificates of deposit shall not exceed 30% of the
District’s total portfolio.
9.5
Negotiable Certificates of Deposit with a final maturity not exceeding five years
issued by a nationally or state-chartered bank, a savings association or a federal
association (as defined by Section 5102 of the Financial Code), a state or federal
credit union, or by a federally- or state-licensed branch of a foreign bank.
Negotiable CD issuers must be rated at least A or the equivalent by two
NRSROs.
No more than 5% of the portfolio shall be held in any one deposit or allocated
to any one issuer, and the aggregate investment in non-negotiable certificates of
deposit and negotiable certificates of deposit shall not exceed 30% of the
District’s total portfolio.
9.6
Repurchase Agreements with a final termination date not exceeding 30 days
collateralized by U.S. Treasury obligations, Federal Agency securities, or Federal
Instrumentality securities listed in Section 9.1 above with the maturity of the
collateral not exceeding ten years. For the purpose of this section, the term
collateral shall mean purchased securities under the terms of the District’s
approved Master Repurchase Agreement. The purchased securities shall have a
minimum market value including accrued interest of 102% of the dollar value of
the funds borrowed. Collateral shall be held in the District’s custodian bank, as
safekeeping agent, and the market value of the collateral securities shall be
marked-to-the-market daily.
Repurchase Agreements shall be entered into only with broker/dealers who are
recognized as Primary Dealers with the Federal Reserve Bank of New York or
with firms that have a primary dealer within their holding company structure.
Repurchase agreement counterparties shall execute a District approved Master
Repurchase Agreement with the District. The Chief Financial Officer/Controller
shall maintain a copy of the District’s approved Master Repurchase Agreement
along with a list of the broker/dealers who have executed same.
9.7
State of California’s Local Agency Investment Fund (LAIF), pursuant to California
Government Code Section 16429.1. There is no limit on the percentage of LAIF
that may be held in the District's portfolio. LAIF investments are subject to
statutory limits.
9.8
California Asset Management Trust (CAMP), as long as the portfolio is rated
among the top two rating categories by a NRSRO. There is no limit on the
percentage of CAMP that may be held in the District's portfolio.
9.9
Medium Term Notes issued by corporations organized and operating within the
United States or by depository institutions licensed by the United States or any
64
state and operating within the United States with a final maturity not exceeding five
years from the date of trade settlement. These notes must have a rating of at least
“A” or the equivalent by a NRSRO. No more than 5% of the District’s total
portfolio shall be invested in medium term notes of any one issuer, and the
aggregate investment in medium term notes shall not exceed 30% of the District’s
total portfolio.
9.10
Money Market Funds registered under the Investment Company Act of 1940 that
(1) are “no-load” (meaning no commission or fee shall be charged on purchases or
sales of shares); (2) have a constant net asset value per share of $1.00; (3) invest
only in the securities and obligations authorized by state statute and (4) have
attained the highest ranking or the highest letter and numerical rating provided by
at least two NRSROs, or retained an investment advisor registered or exempt
from registration with the Securities and Exchange Commission with not less than
five years experience managing money market mutual funds with assets under
management in excess of $500 million dollars. No more than 10% of the
District’s total portfolio shall be invested in money market funds of any one
issuer, and the aggregate investment in money market funds shall not exceed 20%
of the District’s total portfolio.
9.11
Municipal bonds that are listed below with a final maturity not exceeding five years
from the date of trade settlement and that must be rated at least “A” or the
equivalent by a NRSRO at the time of purchase. No more than 5% of the District’s
total portfolio shall be invested in any single issuer, and the aggregate investment in
municipal bonds shall not exceed 30% of the District’s total portfolio.
(a) Bonds issued by the District, including bonds payable solely out of the revenues
from a revenue-producing property owned, controlled, or operated by the
District or by a department, board, agency, or authority of the District.
(b) Registered state warrants or treasury notes or bonds of the state of
California, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the state or
by a department, board, agency, or authority of the state.
(c) Bonds, notes, warrants, or other evidences of indebtedness of a local agency
within California, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the local
agency, or by a department, board, agency, or authority of the local agency.
(d) Registered treasury notes or bonds of any of the other 49 states in addition to
California, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, or operated by a state or by a
department, board, agency, or authority of any of the other 49 states, in
addition to California.
65
9.12
10.
Supranationals which are United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the
International Bank for Reconstruction and Development (IBRD), International
Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a
maximum remaining maturity of five years or less, and eligible for purchase and
sale within the United States. Investments under this subdivision shall be rated
"AA," its equivalent, or better by at least one NRSRO. Purchases of
supranationals shall not exceed 30 percent of the investment portfolio of the
District.
PROHIBITED INVESTMENTS
In accordance with Section 53601.6 of the California Government Code, the District
shall not invest any funds in inverse floaters, range notes or interest-only strips that are
derived from a pool of mortgages (Collateralized Mortgage Obligations) or in any
security that could result in zero-interest accrual if held to maturity.
11.
INVESTMENT POOLS
The District allows investments in two public agency investment pools: LAIF and CAMP
(per sections 9.7 and 9.8). Although these pools are long-standing, the Chief Financial
Officer/Controller will periodically require from each pool, information which will
demonstrate operating information and may include the following information:








12.
A written statement of investment policies and objectives.
A description of interest calculations, how they are distributed, and how gains
and losses are treated.
A description of how securities are safeguarded (including the settlement
process), and how often the securities are priced and the program audited.
A schedule for receiving statements and portfolio listings.
A statement regarding whether and how reserves or retained earnings are used
by the pool.
A description of who may invest in the program, how often, and what are the
sizes and timing of deposits and withdrawals.
A fee schedule and how and when fees are assessed.
A statement of whether the pool is available for bond proceeds, and will it
accept such proceeds.
MATURITY
The District will not invest in instruments whose maturities exceed five years at the
time of trade settlement unless the Board of Directors has provided approval for a
specific purpose at least three months before the investment is made. The Chief
Financial Officer/Controller shall be responsible for determining and monitoring an
average maturity which meets the District projected cash flow requirements and shall
be reported to the Board of Directors as required under State Law.
66
13.
SELECTION OF DEPOSITORIES
The Chief Financial Officer/Controller shall maintain a list of FDIC insured banks
approved to provide depository and other banking services for the District. To be
eligible, a bank must qualify as a depository of public funds in the State of California as
defined in California Government Code Section 53630.5 and shall secure deposits in
excess of FDIC insurance coverage in accordance with California Government Code
Section 53652.
14.
SAFEKEEPING & CUSTODY
The Chief Financial Officer/Controller shall select one or more banks to provide thirdparty safekeeping and custodial services for the District, in accordance with the
provisions of Section 53608 of the California Government Code. A Safekeeping
Agreement approved by the District shall be executed with each custodian bank prior
to utilizing that bank's safekeeping services. Custodian banks will be selected on the
basis of their ability to provide services for the District's account and the competitive
pricing of their safekeeping related services.
The purchase and sale of securities and repurchase agreement transactions shall be
settled on a delivery versus payment basis. All securities shall be perfected in the name
of the District. Sufficient evidence to title shall be consistent with modern investment,
banking and commercial practices.
All investment securities , except non-negotiable certificates of deposit, money market
funds, LAIF and CAMP, purchased by the District will be delivered by book entry and
will be held in third-party safekeeping by a District approved custodian bank or its
Depository Trust Company (DTC) participant account.
All Fed wireable book entry securities owned by the District shall be held in the Federal
Reserve System in a customer account for the custodian bank which will name the
District as “customer.”
All DTC eligible securities shall be held in the custodian bank’s DTC participant account
and the custodian bank shall provide evidence that the securities are held for the
District as “customer.”
15.
DIVERSIFICATION
The District shall diversify its investments to avoid incurring unreasonable risks inherent
in over investing in specific instruments, individual financial institutions or maturities.
Nevertheless, the asset allocation in the portfolio should be flexible depending upon the
outlook for the economy, the securities markets, and the District's anticipated cash flow
needs.
67
16.
REPORTING
Quarterly, the Chief Financial Officer/Controller shall submit to the Board of Directors
and the General Manager a report of the investment earnings and performance results
of the District’s investment portfolio. The report shall include the following
information:
1. Investment type, issuer, date of maturity, par value and dollar amount invested in
all securities, and investments and monies held by the District;
2. A description of the funds, investments and programs;
3. A market value as of the date of the report (or the most recent valuation as to
assets not valued monthly) and the source of the valuation;
4. Current period earnings and rates of return for short-term and mid-term
investments, including comparison to established benchmarks.
5. A statement of compliance with this Investment Policy or an explanation for
non-compliance; and
6. A statement of the District’s ability to meet expenditure requirements for six
months, and an explanation of why money will not be available if that is the case.
17.
INTERNAL CONTROLS
The Chief Financial Officer/Controller shall establish a system of internal controls, which
shall be documented in writing. The controls shall be designed to prevent loss of public
funds arising from fraud, employee error, misrepresentation by third parties,
unanticipated changes in financial markets or imprudent actions by employees and
officers of the District. Controls deemed most important include: control of collusion,
segregation of duties, separating transaction authority from accounting and record
keeping, custodial safekeeping, clear delegation of authority, written confirmation of
telephone transactions, documentation of transactions and strategies and code of ethical
standards. These controls will be reviewed on an annual basis by the General Manager.
18.
PERFORMANCE STANDARDS
The investment portfolio shall be designed to attain a market rate of return throughout
budgetary and economic cycles, taking into account prevailing market conditions, risk
constraints for eligible securities, and cash flow requirements. The performance of the
District’s investments shall be compared to the average yield on the U.S. Treasury
security that most closely corresponds to the portfolio’s weighted average effective
maturity. When comparing the performance of the District’s portfolio, its rate of
return will be computed net of all fees and expenses.
19.
REVIEW, ADOPTION & AMENDMENTS
This Investment Policy shall be reviewed and adopted annually by resolution of the
Board of Directors. It may not be altered, amended or changed in any particular way,
except by formal resolution of the Board of Directors.
68
GLOSSARY OF INVESTMENT TERMS AND INSTRUMENTS
Term
Banker’s Acceptance
Benchmark
Bond
Broker/Dealer
CAMP
Cash Flow
Certificate of Deposit
Description
Normally, a short-term bill of exchange that is accepted as
payment by banks engaged in financing trade of physical assets
or merchandise.
A passive index used to compare the performance, relative to
risk and return, of an investor’s portfolio.
A debt obligation of a firm or public entity. A bond represents
the agreement to repay the debt in principal and, typically, in
interest on the principal.
A person or a firm who can act as a broker or a dealer
depending on the transaction. A broker brings buyers and
sellers together for a commission. They do not take a position.
A dealer acts as a principal in all transactions, buying and selling
for his own account.
California Asset Management Program (CAMP) provides
California public agencies, together with any bond trustee acting
on behalf of such public agency, assistance with the investment
of and accounting for bond proceeds and surplus funds. For
bond proceeds, the objective of CAMP is to invest and account
of such proceeds in compliance with arbitrage management and
rebate requirements of the Internal Revenue Service.
The program includes the California Asset Management Trust, a
California common law trust organized in 1989. The Trust
currently offers a professionally managed money market
investment portfolio, the Cash Reserve Portfolio, to provide
public agencies with a convenient method of pooling funds for
temporary investment pending their expenditure. The Trust
also provides record keeping, custodial and arbitrage rebate
calculation services for bond proceeds. As part of the program,
public agencies may also establish individual, professionally
managed investment accounts.
The Pool seeks to attain as high a level of current income as is
consistent with the preservation of principal.
The Pool
purchases only investments of the type in which public agencies
are permitted by statute to invest surplus funds and proceeds of
their own bonds.
A comparison of cash receipts (revenues) to required payments
(debt service, operating expenses, etc.).
A short-term, secured deposit in a financial institution that
usually returns principal and interest to the lender at the end of
the loan period. Certificates of Deposits (CDs) differ in terms
of collateralization and marketability. Those appropriate to
public agency investing include: Negotiable Certificates of
Deposit, Non-Negotiable Certificates of Deposit.
69
Commercial Paper
Corporate Notes &
Bonds
Credit Risk
Credit Rating
Duration
Federal Agency and
Instrumentality
Obligations
Issuer
LAIF
A short-term, unsecured promissory note issued by a large
corporation.
Debt instruments, typically unsecured, issued by corporations,
with original maturities in most cases greater than one year and
less than ten years.
The chance that an issuer will be unable to make scheduled
payments of interest and principal on an outstanding obligation.
Another concern for investors is that the market’s perception
of a corporation’s credit will cause the market value of a
security to fall, even if default is not expected.
Various alphabetical and numerical designations used by
institutional investors, Wall Street underwriters, and
commercial rating companies to give relative indications of bond
and note creditworthiness. Standard & Poor’s and Fitch Ratings
use the same system, starting with their highest of “AAA, AA,
A, BBB, BB, B, CCC, CC, C, and D” for default. Moody’s
Investor Services uses “Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and
D”. Each of the services use pluses (+), minuses (-), or
numerical modifiers to indicate steps within each category. The
top four letter categories are considered investment grade
ratings.
A fixed-income metric that measures the sensitivity of a bond
or portfolio to changes in interest rates. A portfolio or security
with a higher duration will experience larger changes in market
value as interest rates change.
Obligations issued by a government sponsored entity or a
federally regulated institution.
Any corporation, governmental unit, or financial institution that
borrows money through the sale of securities.
The Local Agency Investment Fund (LAIF), a voluntary program
created by statute, began in 1977 as an investment alternative
for California’s local governments and special districts and
continues today under the State of California Treasurer’s office.
The enabling legislation for the LAIF is Section 16429.1,2,3 of
the California Government Code.
This program offers participating agencies the opportunity to
participate in a major portfolio which daily invests hundreds of
millions of dollars, using the investment expertise of the
Treasurer’s Office Investment staff at no additional cost to the
taxpayer.
All securities are purchased under the authority of the
Government Code Section 16430 and 16480.4. The State
Treasurer’s Office takes delivery of all securities purchased on a
delivery versus payment basis using a third party custodian. All
70
Liquidity
Market Risk
Maturity
Money Market Fund
Nationally Recognized
Statistical Rating
Organization (NRSRO)
Notes
Portfolio
Repurchase Agreement
investments are purchased at market, and market valuation is
conducted monthly.
It has been determined that the State of California cannot
declare bankruptcy under Federal regulations, thereby allowing
the Government Code Section 16429.3 to stand. This Section
states “money placed with the State Treasurer for deposit in
the LAIF shall not be subject to impoundment or seizure by any
State official or State agency.”
Deposits are subject to statutory limits.
The ease with which an investment may be converted to cash,
either by selling it in the secondary market or by demanding its
repurchase pursuant to a put or other prearranged agreement
with the issuer or another party.
The chance that the value of a security will decline as interest
rates rise. In general, as interest rates fall, prices of fixed
income securities rise. Similarly, as interest rates rise, prices
fall. Market risk also is referred to as systematic risk or risk
that affects all securities within an asset class similarly.
The stated date on which all or a stated portion of the principal
amount of a security becomes due and payable.
A type of investment comprising a variety of short-term
securities with high quality and high liquidity. The fund provides
interest to shareholders and must strive to maintain a stable net
asset value (NAV) of $1 per share.
The formal term to describe credit rating agencies that provide
credit ratings that are used by the U.S. government in several
regulatory areas. Ratings provided by Nationally Recognized
Statistical Ratings Organizations (NRSRO) are used frequently
by investors and are used as benchmarks by federal and state
agencies. Generally, to be considered an NRSRO, the agency
has to be “nationally recognized” in the U.S. and provide reliable
and credible ratings. Also taken into consideration is the size of
the credit rating agency, operational capability and its credit
rating process. Some examples of NRSRO’s include Moody’s
Investors Service Inc, Standard and Poor’s Inc, Fitch Inc,
Dominion Bond Rating Services Limited (DBRS) and A.M. Best
Company Inc.
Debt obligations of a firm or public entity, usually maturing in
less than ten years.
The combined holdings of all investment assets held by an
investor.
From the perspective of a local agency, the short-term, often
overnight, purchase of securities with an agreement to resell
the securities at an agreed upon price.
71
Return
Risk
State & Local
Investment Pools
Supranationals
Yield to Maturity
The principal gains or losses (realized and unrealized)plus
interest on an investment or portfolio of investments. In
certain unfavorable market environments or due to risk factors,
income derived from principal and interest may be less than the
original amount invested.
The uncertainty of maintaining the principal or interest
associated with an investment due to a variety of factors.
The combined deposits of state and local agencies organized
and operated by the state treasurer or a Joint Powers
Agreement between local agencies.
Deposits of various
participating local agencies are pooled and invested. Each
agency’s returns are based upon their share of the amount
invested in the pool. This increases investment efficiencies,
decreases costs, provides liquidity, and utilizes investment
expertise of the pool managers.
Supranationals are international institutions that provide
development financing, advisory services and/or financial
services to their member countries to achieve the overall goal
of improving living standards through sustainable economic
growth. The Government Code allows local agencies to
purchase the United States dollar denominated senior
unsecured unsubordinated obligations issued or unconditionally
guaranteed by the International Bank for Reconstruction and
Development, International Finance Corporation, or InterAmerican Development Bank.
The rate of income return on an investment, minus any
premium above par or plus any discount with the adjustment
spread over the period from the date of the purchase to the
date of maturity of the bond.
72
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
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
(McNally/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the award of a
contract for janitorial services at the Peralta Oaks Administration Building and the Richard C.
Trudeau Training Center, to Universal Building Services and Supply Company, Richmond, CA,
totaling $80,074 for services from April 1, 2016 to March 31, 2017; and authorize the General
Manager to extend the contract for two additional two-year periods after periodic reviews of
the level of service.
REVENUE/COST
The contractor will perform routine and specialty janitorial services at the Administration
Building, and the Trudeau Training Center for an annual cost of $80,074 from April 1, 2016 to
March 31, 2017; funding is available in Office Services Department budget account 101-4160000-6464 (Janitorial Services).
BACKGROUND
Staff prepared a Request for Proposal (RFP) for routine and specialty janitorial services required
at both the District’s Administrative Building, and the Trudeau Training Center, and published
Public Notices in the Oakland Tribune and Contra Costa Times on December 1, 2015,
requesting vendors to submit p r o p o s a l s . District staff contacted 1 5 local vendors, directly
notifying them of the RFP bid request. The RFP bid request was posted on the District’s web
site starting on November 18, 2015 thru January 14, 2016. Ten janitorial firms attended the
job walk on December 14, 2015. The RFP bids were due on January 14, 2016.
Eight firms submitted RFP responses. District staff reviewed the proposals and narrowed
the field to the three most suitable firms:
73
VENDOR NAME
CITY
RFP AMOUNT
Customized Performance, Inc.
Universal Building Services & Supply Co.
Enviro Clean
San Jose
Richmond
Hayward
$ 76,670
$ 80,074
$ 84,886
Other vendors submitting RFPs but not selected for further consideration were:
VENDOR NAME
Aim To Please
Janico
Imperial
Zion
PBM
CITY
San Francisco
North Highlands
Stockton
Dublin
Carson
RFP AMOUNT
$ 54,903
$ 69,530
$ 86,960
$ 215,706
$ 311,504
District staff checked references, and interviewed the three most suitable firms to determine
how they would accomplish the defined scope of work, their acceptance of the District’s
Contract for Services requirements, and their proposed transition plan, if they were awarded
the contract.
Of the three top candidates, Universal Building Services and Supply Company scored the highest
on the criteria established; therefore, Universal Building Services and Supply Company is the
recommended firm.
The contract term is from April 1, 2016 to March 31, 2017. If the vendor provides satisfactory
service in the first year of the contract, the RFP enables the District to extend the contract for
two 2-year periods until March 31, 2019. The contractor may submit Cost of Living increases
during the annual renewal process to request increasing the total annual compensation amount.
ALTERNATIVES
The Board could choose not to approve the bid award at this time. This alternative is not
recommended.
74
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 –
February 16, 2016
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
WHEREAS, the District issued a Request for Proposal (RFP) for janitorial services at the
Peralta Oaks Administration Building, and the Richard C. Trudeau Training Center; and
WHEREAS, the District contacted fifteen firms to submit proposals, posted the RFP bid
announcement on the District’s web site, and in the Oakland Tribune and Contra Costa Times;
and
WHEREAS, ten firms attended the job walk, and the District received eight proposals by
the January 14, 2016, RFP deadline; and
WHEREAS, District staff reviewed the eight bids, and narrowed the field to the three
most suitable firms; and
WHEREAS, Universal Building Services and Supply Company was the highest scoring
proposal while meeting all of the criteria established; therefore, Universal Building Services and
Supply Company is the recommended firm;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager to enter into a Contract For
Services agreement in the amount of $80,074 with Universal Building Services and Supply
Company for janitorial services at the District’s Administrative Building, and the Richard C.
Trudeau Training Center; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park
District hereby authorizes the use of $60,055 for services from April 1, 2016 to December 31,
2016, to be funded from the Office Services account 101-4160-000-6464; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park
District hereby authorizes the General Manager to extend the contract after the initial one year
term for two additional two-year periods after periodic staff reviews of the level of service; and
BE IT FURTHER RESOLVED, that the Board of Directors of the East Bay Regional Park
District hereby authorizes the General Manager to adjust the contract amount for cost of living
increases during the annual contract renewal process; and
75
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
do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
Moved by Director
, seconded by Director
approved this 16th day of February, 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
76
, and
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
o.
Authorization to Purchase Microsoft Enterprise SQL Server Database
Software Licenses from Dell Marketing L.P.: Information Services
Department
(Tallerico/Auker)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the purchase of
Microsoft Enterprise SQL Server database software licenses from Dell Marketing L.P. for
District-wide use.
REVENUE/COST
The cost of the software licenses is $38,509.72. Funding is available in the 2016 Information
Services budget, Account No.101-4150-000-6443 (Maintenance Contracts).
BACKGROUND
The East Bay Regional Park District maintains 28 SQL Server databases for various software
applications used by District departments. As part of the District’s Microsoft Enterprise
Agreement, the District is required to true-up software licensing at the end of each year.
Microsoft SQL Server database software is the District’s standard for deploying software
applications.
Microsoft offers various licensing options for SQL Server licensing and the District has opted for
the Data Center licensing option which allows for future growth based on the number of database
servers deployed rather that the number of users that access District software applications.
ALTERNATIVES
The Board could decline to purchase the SQL Server Database software licensing at this time.
This decision would cause the District to be out of license compliance with our annual true-up
agreement. This alternative is not recommended.
77
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 February 16, 2016
AUTHORIZATION TO PURCHASE MICROSOFT ENTERPRISE SQL SERVER DATABASE
LICENSES FROM DELL MARKETING L.P.: INFORMATION SERVICES DEPARTMENT
WHEREAS, the East Bay Regional Park District uses 28 Microsoft SQL Server databases
to assist with the efficient administration and District software applications throughout Alameda
and Contra Costa Counties; and
WHEREAS, the District is required to true-up software licensing on an annual basis
required from the District’s Microsoft Enterprise Agreement of these applications to keep them
technologically current; and
WHEREAS, a comprehensive service to ensure that all Microsoft SQL Server database
software is current has been made available to the District; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the purchase of Microsoft SQL Server database software
licenses on the Enterprise Agreement from Dell Marketing L.P. for a total cost of $38,509.72;
and
BE IT FURTHER RESOLVED that funding in the amount of $38,509.72 is available in
Account No. 101-4150-000-6443 (Information Services – Maintenance Contracts); and
BE IT FURTHER RESOLVED that the General Manager is hereby authorized and directed,
on behalf of the District and in its name, to revise and amend 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
approved this 16th day of February 2016 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
78
, and
ACQUISITION
STEWARDSHIP
DEVELOPMENT
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
2.
ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
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
(Dougan/Margulici/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the grant application
for funds from the West Contra Costa Transportation Advisory Committee (WCCTAC) and
the appropriation of $500,000 of Measure WW Development Funds from the Bay Trail
Allocation Area to fund the final design, geotechnical and environmental studies to close this
gap in the San Francisco Bay Trail at Lone Tree Point.
REVENUE/COST
Final design and engineering and environmental studies for this ½ mile segment of the San
Francisco Bay Trail are estimated at $500,000. This action requests the appropriation of
Measure WW Development Funds from the Bay Trail Allocation Area to Capital Improvement
Project 131300 – Develop Lone Tree Trail and Shore/SF Bay Trail. Once constructed, the
District will incur additional costs to operate and maintain the trail.
The application for WCCTAC grant funds will be in the amount of $500,000. The WW
appropriation may also serve as matching funds for this and future grant opportunities.
SOURCE OF FUNDS
Measure WW Bond Development Funds
Total Allocation Area – Bay Trail (WP06)
Prior Appropriation to Date
Unappropriated Balance
$ 5,140,000
2,490,785
$2,649,215
80
Transfer and Appropriate:
To Project No. 131300
Develop Lone Tree Trail and Shore/SF Bay Trail
Unappropriated Remaining Balance in WP06
USE OF FUNDS
Consultant Fees TBD – Final Design and Environmental
Studies
$
500,000
$ 2,149,215
$
500,000
BACKGROUND
In 1990, the District acquired the 20-acre Lone Tree Point property located at San Pablo Bay
Regional Shoreline in Rodeo. On June 2, 1992, by Board Resolution No. 1992-6-156, an Interim
Land Use Plan for the property was adopted. The plan included a future segment of the San
Francisco Bay Trail across the property. Several Bay Trail segments connecting the
communities of Pinole and Hercules to Lone Tree Point from the west have now been
completed, including the “Bio-Rad” segment of the Bay Trail completed in 2015 as part of the
Hercules Intermodal Transit Center project. To the northeast of Lone Tree Point,
improvements at the site of the Rodeo Marina, including a restaurant, proposed bed and
breakfast, winery and Bay Water Trail launch site are currently underway. Additionally, Contra
Costa County is currently undertaking a study to narrow three miles of San Pablo Avenue from
Crockett to Rodeo which will include a Bay Trail connection to the terminus of the proposed
Bay Trail at Lone Tree Point.
The District, per resolution 2014-04-094, completed a feasibility study in January 2016 for the
extension of the Bay Trail at Lone Tree Point. The study identified a preferred alternative that
will require a pedestrian bridge over a wetland, approximately ½ mile of paved trail, and a nonsignalized crossing of Pacific Avenue. The total estimated project cost in 2016 dollars is
approximately $2.5 million.
The Subregional Transportation Mitigation Fee Program (STMP) was established in West
Contra Costa County in 1997 to allow for new development to mitigate transportation impacts
by helping to fund local and regional transportation projects. WCCTAC is currently
coordinating applications for STMP funding for which this project is a strong candidate. While
no District match is required to obtain this funding, additional funding will be required for
construction of the project. If successful in obtaining STMP grant funding, the District’s
Measure WW funds will be reimbursed.
ALTERNATIVES
No alternatives are recommended.
81
EAST BAY REGIONAL PARK DISTRICT
RESOLUTION NO.: 2016 – 02 FEBRUARY 16, 2016
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
WHEREAS, by Resolution No. 1992-6-156, adopted June 2, 1992, the Board of
Directors adopted the Interim Land Use Plan for the Lone Tree Point property at San Pablo
Bay Regional Shoreline, and that plan included a ½ mile segment of the San Francisco Bay Trail;
and
WHEREAS, the Subregional Transportation Mitigation Program (STMP) was established
in West Contra Costa County in 1997 to allow for new development to mitigate
transportation impacts by helping to fund local and regional transportation projects; and
WHEREAS, the West Contra Costa Transportation Advisory Committee (WCCTAC)
is currently coordinating project applications for STMP funds; and
WHEREAS, segments of the Bay Trail connecting the communities of Pinole and
Hercules to Lone Tree Point from the west have now been completed or are under
construction and connections from the north along San Pablo Avenue are being studied; and
WHEREAS, per resolution 2014-04-094, adopted April 15, 2014, the District completed
the studies required to close the gap in the Bay Trail at Lone Tree Point in January 2016; and
WHEREAS, there is sufficient funding available in Measure WW Development funds
from the Bay Trail Allocation Area;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby:
1. Appropriates $500,000 of Measure WW Development Funds principal from the Bay
Trail Allocation Area to Capital Improvement Project 131300 – Develop Lone Tree
Trail and Shore/SF Bay Trail as indicated on the attached budget change form to fund
final design, geotechnical and environmental studies for the San Francisco Bay Trail at
Lone Tree Point; and
2. Authorizes and directs the General Manager or Assistant General Manager of Finance
and Management Services, on behalf of the District and in its name, to apply for and
82
accept grant funds, and execute and deliver such documents including, but not limited to
applications, agreements, payment requests and amendments and to do such acts as may
be deemed necessary or appropriate to accomplish the intentions of this resolution; and
BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is
hereby authorized to amend the current year’s budget, without further Board action, upon
receipt of an executed grant contract from the Grants Manager. The budget amendment will
include an increase in budgeted revenue and a corresponding increase in appropriation for the
amount stipulated in the grant contract; 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
adopted this 16th day of February, 2016, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
83
, and
East Bay
Regional Park District
Env ironmental Programs
April 2, 2014
t:/bstone/mxd projects/trails/
sfbaytrail/sfbt_lonetreepoint_b+w.mxd
San Francisco Bay Trail
Lone Tree Point
Bay Trail Feasibility Study
0
120
240
480
Feet
720
San Pablo Bay
Regional
Shoreline
Existing SF Bay
Trail
Proposed SF
Bay Trail
Parkland
Seasonal
Wetland
B
P
S
A
A
L
B
A
Y
Rodeo
Marina
O
N
el
San
Pab
ve
lo A
Pa
rc
t
1st S
ci
fic
Av
e
an
d
Pa
rc
Pa r ke r
el
Sh
or
el
in
e
Pa
U
pl
Ave
2nd S t
Ro d eo
o n A ve
Ave
Av e
L a ke
G a r r e ts
Har r i s
S h a ro n
3rd St
Av e
A ve
Disclaimer: Boundary and property lines shown on this map do
not represent a boundary or property line survey . The East Bay
Regional Park District makes no representation as to the
ac curacy of said property lines (or any other lines), and no
liability is assumed by reason of reliance thereon. Use of this
map for other than its intended purpose requires the written
consent of EBRPD.
Vicinity Map
84
4t h S t
EAST BAY REGIONAL PARK DISTRICT
BUDGET CHANGE FORM
NEW APPROPRIATIONS
X New Revenue
Between Fund Sources
DECREASE BUDGET ACCOUNT
BUDGET TRANSFERS
Between Projects
From Another Department
AMOUNT
INCREASE BUDGET ACCOUNT
Account Name: Expense: Capital FundTrails Acquisition.-San Pablo BayServices/SF Bay Trail at Lone Tree Point.Measure WW Principal SF Bay Trail
Development Funds-Work in Progress
Account: 333-6340-495-7020 /
131300WP06-372
AMOUNT
500,000
REASON FOR BUDGET CHANGE ENTRY:
As being presented at the Board of Directors meeting on February 16, 2016 the General Manager recommends that
the Board of Directors authorize the appropriation of $500,000 WW bond principal funds from the SF Bay Trail
development allocation area to project 131300 SF Bay Trail at Lone Tree Point.
As approved at the Board of Directors Meeting on:
Posted By:
Date:
2/16/2016
Board of Directors Resolution Number: 2016-02Date:
Signature
T:\BOARDCLK\BOARD MATERIAL\2016\3 - February 16, 2016\S Drive\C-2-a 131300 SF Bay Trail at Lone Tree
Pt-WP06-2016
85
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
2.
ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
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
(Tong/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors receive this information only
item related to the Preferred Alternative Park Use Plan for the Concord Hills Regional Park
and provide comments to staff. Staff and the consultant team will present information on
opportunities and constraints, development of the preferred park use plan and public input
received to date. Input received from the Board will be used to further refine the preferred
park use plan.
REVENUE/COST
There is no additional cost related to this information item. The current project to study
public access and use at the former Concord Naval Weapons Station has current budget of
$637,375. The contract for planning a design is encumbering $525,985 of this budget.
BACKGROUND
The 5,028 acre Inland Area of the Concord Naval Weapons Station was officially closed by the
Base Closure and Realignment Commission (BRAC) in November 2005. The City of Concord
(City), acting as the Local Reuse Authority, initiated a multi-year community planning process
culminating in the adoption of a Reuse Plan in 2010. This plan was further refined and
integrated into Concord’s General Plan through the adoption of the Concord Reuse Project
Area Plan in January 2012.
The adopted Area Plan provides for development of over 12,200 new housing units, over 6.1
million square feet of commercial floor space, and a variety of community facilities and city
parks. The proposed development would primarily be clustered on the western portion of the
former base. The City is currently engaged in a process to select a master developer for the
first phase of development in the Area Plan.
86
The adopted Area Plan also includes a new Regional Park of over 2,500 acres located on the
eastern portion of the site to be conveyed to the East Bay Regional Park District (District)
through a public benefit conveyance. The Board authorized submittal of an application for a
Public Benefit Conveyance (PBC) through the National Park Service Federal Lands to Parks
program on September 3, 2013. On May 8, 2014, the National Park Service informed the
District that the PBC application for 2,540 acres of the former Concord Naval Weapons
Station was approved and that they will grant a public benefit allowance of 100 percent of the
fair market value of the property to be conveyed.
The current schedule estimates that the initial transfer of land found suitable for transfer within
the proposed regional park area could be conveyed to the National Park Service in late 2016.
The land could then be conveyed to the District. The District is currently working closely with
the Navy, the City, and various regulatory agencies to complete the steps necessary for
conveyance.
DEVELOPMENT OF THE PREFERRED ALTERNATIVE PARK USE PLAN
The Board authorized budget and approval of a contract with Placeworks Inc., a planning and
design firm, in December 2014 to prepare a Land Use Plan and the associated Environmental
Impact Report for the future Concord Hills Regional Park. The consultant team has worked
closely with the various divisions of the District, as well as with the National Park Service, and
has developed a draft preferred alternative park use plan.
The Placeworks team, in coordination with District staff, developed an Existing Conditions
report in July, 2015. This information was presented to the public during a public meeting on
July 23, 2015, where the public had the opportunity to provide their input on priorities for the
new regional park. The major themes that emerged from the public meeting and an associated
online public input exercise were to 1) reflect the sites history, including the history of the Port
Chicago Naval Magazine National Memorial; and 2) provide access and connectivity to existing
regional trails, the North Concord BART station, and future and planned neighborhoods; and 3)
balance park uses with natural and cultural resource conservation; and 4) to the extent feasible,
reuse existing infrastructure and buildings on the former base.
In November 2015, two draft land use alternatives and various design concepts were developed
and presented to the public during a public meeting and through an online exercise. The two
alternatives were similar with regards to trail alignments and facility locations, but differed with
regards to interpretive programming, dispersal of park facilities such as picnic areas and
camping, and circulation.
Throughout the process, District staff and the Placeworks team have also met with, and
received input from, key stakeholders, the Park Advisory Committee, and the general public to
refine the park use plan. The preferred alternative park use plan is a reflection of all of the input
received to date.
Key features of the preferred alternative park use plan include a joint visitor center with the
National Park Service for the Port Chicago Naval Magazine National Memorial, group and small
87
picnic areas, reuse of magazines for park programming and outdoor classrooms, backcountry
and group campsites, and park staff offices and operational support facilities. The park use plan
identifies interpretive nodes ranging from the site’s cultural and natural history to the civil rights
and military history of the property. Additionally, the park use plan includes an extensive trail
network of paved multi-use trails to narrow natural surface trails totaling over 18 miles.
The preferred alternative park use plan is also being developed in concert with the City in
identifying areas suitable for resource conservation and eligible for natural and cultural resource
mitigation. The City’s Reuse Plan identifies the future regional park as a conservation area for
the purposes of natural resource protection through the Section 7 process of the Endangered
Species Act. The District has worked closely with the City, the U.S. Navy, and the United
States Fish and Wildlife Service to maximize the resource conservation credit the City will be
able to receive while preserving public access and recreation opportunities throughout the site.
Additional refinements to the alternative park use plan may be necessary to achieve these goals.
NEXT STEPS
Following input from the Board, District staff and the Placeworks team will continue to refine
the preferred alternative park use plan. The current schedules for upcoming meetings include:




Public Input Meeting – March 24th, 2016
Park Advisory Committee Recommendation – April 25th, 2016
Executive Committee Recommendation – May 6th, 2016
Board Adoption of Preferred Park Use Plan – May 17th, 2016
Following the adoption of the preferred park use plan, District staff and the Placeworks team
will begin the development of the Land Use Plan policies and an Environmental Impact Report
(EIR) pursuant to the California Environmental Quality Act (CEQA).
88
BOARD AND STAFF
REPORTS
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
3.
BOARD AND STAFF REPORTS
a.
Actions Taken By Other Jurisdictions Affecting the Park District
(Doyle)
Delta Protection Commission – Designation of Great California Delta Trail Segments
On January 21, 2016, the Delta Protection Commission (DPC) formally approved the Big Break
Regional Shoreline Trail as an addition to the Great California Delta Trail. The Great California
Delta Trail, approved by the California Legislature in 2006, was created to be a continuous
regional recreational corridor through the Delta and linking the San Francisco Bay Trail system
to the Sacramento River trails in Yolo and Sacramento Counties. The Big Break Regional
Shoreline Trail is an approximately 3-mile long multi-use trail that runs from the Big Break Visitor
Center to the intersection with Marsh Creak Trail. The DPC inclusion of the Big Break Regional
Shoreline Trail is the first existing segment in Contra Costa County adopted as part of the Great
California Delta Trail. This item will be presented to the Park District Board Executive
committee, the Parks Advisory Committee, and the full Board in the next few months to make
the adoption official.
90
GENERAL MANAGER
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
4.
GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION
Chief of Design & Construction Rob Lim will provide an update on the Design & Construction
Department.
GM COMMENTS
Public Safety
From December 12, 2015 to January 14, 2016, the Public Safety Division handled 586 service calls
and 458 total incidents. Highlights are included below.
Police
There were 41 arrests made throughout the District for a variety of felony and misdemeanor
offenses, including DUI, weapons possession, drug possession, violation of court restraining
orders, disorderly conduct, public intoxication, and indecent exposure. Officers also issued 203
citations for Ordinance 38, vehicle code, and parking violations. Officers handled 359 field
interviews (contacts without citations or arrests) and contacted five people on probation or
parole to conduct compliance checks.

Carquinez: On January 10, an officer contacted a group of five people who were standing
outside their vehicle drinking alcohol. The K9 officer located marijuana concealed in the
trunk along with scales and various amounts of cash. All subjects were under the legal
drinking age. One was arrested for an outstanding warrant and the others were counseled
and released.

Del Valle: On December 27, an officer responded to the report of a personal boat that
sank. The occupants were taken to shore by staff and no medical assistance was needed.

Garin: On January 12, an officer responded to the report of battery involving an
altercation between a park user and the owner of two dogs. The owner of the dogs
slapped the victim when she saw the park user shove her dogs with a walking stick. She
was arrested for battery and released on scene with a promise to appear in court at a
later date.
92

Hayward Shoreline: On December 18, a sergeant contacted two occupants of a vehicle
for a curfew violation. The vehicle contained a concealed BB gun, a baton, and several
bags of marijuana. The illegal items were confiscated and the subjects were released on
scene pending charges.

Iron Horse Trail in Concord: On December 24, a sergeant contacted a subject for curfew
and illegal camping violations. The subject had a concealed weapon that was confiscated
and he was arrested.
On December 31, a sergeant contacted a person for a curfew violation. The subject was
uncooperative and provided several false names to the sergeant. The subject was arrested
for providing false information to a peace officer and a probation violation.

Lafayette-Moraga Trail: On December 17, officers responded to a report of a subject
driving a golf cart on the trail. The subject was cited and the golf cart was removed from
the trail.

Lake Chabot: On December 25, an officer responded to the report of a missing juvenile
on the trail. The juvenile was located and transported to the main parking lot.

Martin Luther King Jr. Shoreline: On December 12, an officer stopped a vehicle for a
license plate violation. The driver had a blood alcohol level of .20 and was arrested for
DUI.
On January 3, a sergeant contacted the occupants of a vehicle for a tail light violation. The
juvenile driver was in possession of marijuana, concentrated cannabis, and alcohol. The
items were confiscated and the driver was issued a citation for the violations.

Miller Knox: On December 19, an officer contacted the driver of a vehicle for a tail light
violation. The driver did not have a license or proof of registration. The vehicle was
impounded and the driver was released on scene pending charges for the violations.

Out of Park, Castro Valley: On December 17, a K9 officer assisted the FBI with a search
warrant at the library.

Pt. Pinole: On January 6, an officer contacted the occupant of a vehicle for not having
front or rear license plates. The driver was a registered sex offender and was not current
on his registration requirements. He was arrested for the violation and his car was towed.

Redwood, Trudeau Training Center: On January 4, an officer contacted the occupants of
a vehicle for a curfew violation. All were minors and were cited for park curfew. One
was arrested for being under the influence of alcohol.

Round Valley: On January 12, officers and medical personnel responded to the report of
an injured victim who appeared to have been beaten and dropped in the parking lot. The
subject was taken to the hospital for treatment.
93

San Pablo Bay Shoreline: On January 4, an officer contacted the occupant of a vehicle for
a welfare and curfew check. The occupant was heavily intoxicated and arrested for
disorderly conduct.

Tilden: On December 28, an officer stopped a vehicle for speeding. The driver appeared
to be intoxicated and, after failing field sobriety test, was arrested for DUI with a blood
alcohol level over .08%.
Fire Operations
Fire Response
 Del Valle, Arroyo Staging Area: On December 12, firefighters responded to a cardiac
incident on the East Shore Trail. District personnel assisted with CPR along with Alameda
County Fire. AMR transported the patient to Valley Care Hospital.

East County Trails: On December 15, District firefighters, Consolidated Fire and Cal Fire
responded to a fire caused by an illegal encampment. The quarter-acre fire was
extinguished.

Garin: On December 22, District firefighters and officers, Fremont Fire, and a CHP
helicopter responded to a report of missing persons in Garin Park. The missing persons
were located and transported to the staging area.

Palomares Ridge: On December 22, firefighters responded to assist Alameda County
Sheriff's in locating a possible downed aircraft. The plane was located and was determined
not to be on District property.

Tilden: On December 22, firefighters responded to a 100-foot downed tree blocking the
roadway near South Park Drive. Firefighters cleared the tree and opened the roadway.
Training
 Trudeau Center: On January 6, 13, 20, and 27, lifeguard staff facilitated Title 22 EMS
training for upcoming industrial firefighter cadets.
Fire Fuels Management
 East Bay Hills: A contractor continued the multi-site eucalyptus regeneration control
project.
Lifeguard Service
 December 15, staff attended the Bay Area Public Pool Operators Association
transition meeting.

December 29 – January 3, staff provided an open house for seasonal lifeguard staff to
pick up 2016 recruitment materials.

January 6, seasonal lifeguard applications opened for 2016.
94

January 6, and 13, staff provided AED refresher training to Peralta Oaks staff. A total
of 20 participants attended.

January 11, staff assisted with applicant assessments for the City and County of San
Francisco for multiple positions of swim instructor/lifeguard.
95
BOARD COMMITTEE
REPORTS
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
6.
BOARD COMMITTEE REPORTS
a.
Operations (Thursday, December 17, 2015)
(Sutter)
Present
Board: Directors John Sutter (Chair), Diane Burgis, Doug Siden
Staff: Jim O’Connor, Mimi Waluch, Renee Patterson, Mark Ragatz, Alicia Gonzales,
Ira Bletz, Kate Collins, Denise Valentine, Anne Kassebaum, Noah Dort
Guests: None
1. Update Open House Tours: Black Diamond Mines Regional Preserve
Supervising Naturalist Kate Collins shared with the Committee a detailed overview of the Black
Diamond Mines through a PowerPoint presentation. Ms. Collins reviewed the mine tours, types of
groups who visit the mines, and attendance during the peak season and open houses.
In an effort to attract more park users, marketing efforts were increased in 2015. This was completed
by increasing flyer posting, assistance from interpretive student aids and social media. The combined
mines open house attendance increased 50% with the five open house events offered attracting an
average of 529 participants and served 2,647 participants total.
Ms. Collins reviewed the results of a Mine Open House Survey taken that captured information on
how participants learned of the Mine Open House events. The chart displayed the results obtained
through social media outlets, the District Regional in Nature Activity Guide, District website and
newspapers. The majority of park visitors have heard about the park events through visiting the park.
Ms. Collins shared with the Committee that the purpose of conducting the mine tours is to allow the
public who express interest in local history or geology, the ability to explore a new and rare
environment. Bilingual docents, ambassadors, volunteer safety patrollers, interpretive staff and park
rangers contribute to the support of the tours.
Director Siden commended the statistics of attendance. He questioned if graphs were kept with prior
year attendance. Ms. Collins replied she would provide that information for the past eight years.
Director Siden inquired on what aspects of the Mine Open house tour have people returning. Ms.
Collins responded if people attend the open house, they may not have enough time to hike up to the
97
mines or have the proper gear to do, so this may prompt them to return. Director Siden inquired
how many school groups are being serviced. Ms. Collins replied 6,000 attend on weekday field trips
with almost the same amount of public attendees. Director Siden inquired on attendance to the
cemetery. Ms. Collins responded she was not sure how many people visit each year.
Director Burgis inquired on why the mines are closed weekends from December through February.
Ms. Collins stated it is typically cold during this time and you have to walk to the mines. She mentioned
that safety work is typically completed in the mines the time the mines are closed.
Director Siden inquired on the visitor center seasonal closure and if there was a demand to have it
opened, and if it was due to lack of funding. Ms. Collins commented that with more funding, keeping
it open could be considered.
Director Sutter inquired what was the longest amount of wait time to enter the mines. Ms. Collins
estimated approximately 20-30 minutes, when busy. Director Sutter inquired how many people can
be accommodated during an hour. Ms. Collins responded at peak capacity, 30 minutes with 200 visitors.
Director Burgis made a recommendation of supplying counters for participants to track the time in the
mines.
Director Siden inquired on bats in the mines. Ms. Collins replied there are bats in the mines with a
small population.
2. 2015 Committee Work Plan Year-end Final
Business Services Manager Mimi Waluch provided an overview of the progress on specific projects
summarized in the 2015 Work Plan hand out and items moved from 2015 to the 2016 plan. One item
of correction is to page 3, items 22-26 are duplicates in formatting. Ms. Waluch proceeded to review
each item with the Committee.
Item 1 - Communication Site Policy – Ms. Waluch provided the Committee with an explanation of the
policy. She mentioned that Administrative Analyst Renee Patterson is the lead staff member on the
policy.
Director Sutter inquired on what determines the right cost. Ms. Waluch replied a comparison is
completed using both public agencies and private entities. We use CPI and the agencies we compared
with do the same. Getting information through private entities is more challenging than public agencies,
as it is more competitive and homeowners do not necessarily favor cell towers in their neighborhoods
for various reasons.
Director Sutter inquired on what is being done in relation to compliance to our Master Plan. In
particular, leases and concessions that are supposed to generate revenue. He stated that when going
through the items, this should be considered to determine if we are on track. AGM O’Connor recalled
that this issue arose during the budget review last year and Management Analyst Alicia Gonzales was
assigned to gather the data to analyze how we’re doing with concessions in terms to the overall net
cost to the District. The vast majority of the concessions are subsidized by the District, to some extent.
The data capture will be provided to the Committee in 2016. Director Sutter requested to include
Capital expenses in that report.
98
Director Burgis indicated that some of the agreements have different years of service. It would be
beneficial to capture those timelines on the items to give an idea on when the items will be revisited.
Item 6 – Director Siden inquired if we have a set contract with the concessionaire. Ms. Waluch
explained that an ADA upgrade is being completed to the restrooms in the wedding site area in 2016
and the special event permitting concession for the special event food service is being re-established.
Item 11 – Director Siden recalled there was an item that was requested to be reviewed. Ms. Waluch
recalled it was at Briones where another home school group wanted to use the facility, with the issue
being the school group would need to make an agreement with the Briones Archery Group to use the
site and could not show up unannounced. AGM O’Connor recalled that an alternate location was
looked at for this group. It was determined that the Briones site would be the best solution due to low
usage, with funds added to the existing site rather than move and create a new site.
Item 46 – Director Siden inquired on the Two-Day Town event progress. Ms. Waluch commented that
staff met with the Two Day Town staff this week and will attend the January 21, 2016 Committee
meeting. The special event will be held in April 2016 similar to 2015, and the event staff will have a
Leave No Trace proposal to present to the Committee. District staff will also attend to provide their
recommendations.
Item 43 – Director Sutter inquired on the Patterson Property Trail System Update. Ms. Waluch stated
Director Lane added the item in 2015 and we did not have the opportunity to address it in 2015 and
have moved the item to the 2016 plan. AGM O’Connor suggested to raise the subject at the Board
Workshop.
AGM O’Connor reminded the Committee that we are continuing to ask various division staff to
provide informational reports to this Committee. It is good information on what is happening in the
parks and a benefit to staff in relation to developing public speaking skills.
Item 59 – Director Sutter inquired if the item is in the Board Operations Committee domain or the
Executive Committee. AGM O’Connor indicated it could be removed, as it is currently not an
Operations item.
Item 54 – Director Siden requested an update at a future meeting.
1. 2016 Committee Draft Work Plan Review
Staff has developed and made available the first draft of the 2016 Board Operations Committee Work
Plan for review and comment at the Committee’s last meeting of 2015. Management Analyst Alicia
Gonzales provided a review of the upcoming items for 2016 and will accept any changes to the plan
submitted by the Committee.
AGM O’Connor recapped the items that will be coming before the Committee soon, which include
items 11, 15, 16, 19, 25 and several equestrian facility RFP’s.
Item 36 – Director Sutter inquired on the status of the item. AGM O’Connor commented that
Landscape Architect Kim Fisher will be providing the Committee with an update on the process at a
future meeting this year.
99
AGM O’Connor shared he visited a facility called Costanoa in Pescadero and plans to provide snapshots
to the Committee, as a potential future layout for District sites.
Ms. Gonzales confirmed that additional items will be added to the list including glamping and
convenience camping, the concessions first and second financial reviews, and the District-web history
program.
Director Siden suggested to plan a trip to the Tilden Golf Course.
Director Burgis commented it might also be a good Board Field trip to visit the equestrian facilities.
Item 19 – Director Sutter inquired if we adopted the agreement a year ago. AGM O’Connor recalled
the term was five years and it expired in 2015. Director Siden inquired on the provisions if the
agreement was not renewed. AGM O’Connor stated we are currently in the process of revising their
lease and setting the terms.
2. Public Comments
There were no public comments.
3. AGM Comments
AGM O’Connor provided the following updates:
Del Valle – Each year the lake is drawn down to a lower level. This year the water is being used by the
water agencies for mixing purposes for water quality. Water is being drawn from the Delta and mixed
with Del Valle water and the aqueduct, which assists in meeting state water requirements. Santa Clara
Valley Water District (SCVWD), due to the nature of their aging facility, are still required to draw
water from Del Valle. We can maintain the level through the holidays, shortly after we are being asked
to reduce the water level in the lake. The blue/green algae toxin is now at Del Valle and in the area of
the water intakes and there is also a water line break. Most likely we will have a shutdown of water
services at the park. The current plan is being created by Chief of Park Operations Mark Ragatz and
will be implemented soon. We anticipate keeping the campground, with full services, opened through
the holidays. The SCVWD staff will meet with District staff next week to discuss extending our intake
system into the lake, in order to be able to draw and produce water for recreational purposes at the
park.
City of Fremont Council Meeting – The council approved an ordinance change to allow the
citizens/neighbors at Stanford Avenue to petition the City for a parking permit program in the
neighborhood. The council members lowered the threshold from 66% to 60%. At the meeting the
District was commended for collaborating with City staff on the program and for funding the
administrative program, which was part of our budget. The District will pay for permits the first round
and in subsequent years they will be paid for by the neighbors. The City completed the administration
work, signage and both the City and District Public Safety Department’s will enforce the program
together. The cost will be $37,000 for the first year and $12,000 for subsequent years.
100
4. Board Comments
Director Siden commended Management Analyst Alicia Gonzales for the report provided today and to
the staff for the work completed this year.
The meeting was adjourned by Director Sutter at 2:22 p.m.
Respectfully submitted:
/s/ Denise Valentine
Executive Secretary
/dv
101
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
6.
CONSENT CALENDAR
b.
Finance Committee Minutes and Recommended Actions from the
November 23, 2015
(Lane)
Attendees
Board:
Directors Beverly Lane, Dennis Waespi
Staff:
Robert E. Doyle, Debra Auker, Deborah Spaulding, David Sumner, Pam
Burnor, Kim Balingit, Nadine Vargas, Precious Shelton, Jim O’Connor, Tim
Anderson, Mark Ragatz, Lisa Gonzalez, Carol Victor, Anne Kassebaum,
Matt Graul, Kelly Barrington
Public:
Rick Rickard- PAC
Committee chair Beverly Lane began the meeting at 12:55 PM with the introduction of committee
members.
Agenda Item No. 1
East Bay Regional Park District 2016 Proposed Budget
Budget Manager Pam Burnor presented the EBRPD 2016 Proposed Budget Volumes 1 and 2 and
stated that the 2016 proposed budget materials provided an overview of the 2016 proposed
budget, on which the Committee’s recommendation to the full Board for approval of the 2016
operating and project budgets was sought.
The 2016 District Proposed Budget is balanced when taking into account planned use of fund
balance. The General Fund is balanced and allows for the replenishment of certain contingency
reserves.
2016 Proposed Budget Summary


The District’s total 2016 budget revenue (not including transfers in or use of fund
balance/net assets) is $171.2 million, compared to $173 million in 2015.
The District’s total 2016 appropriation (not including transfers out) are $205.9 million,
compared to $194.4 million in 2015, a 5.9% increase.
102

Projected District operating costs have increased to $196.5 million in 2016 from $189.7
million in 2015, a 3.8% increase. This increase is a result of increases in wages, benefits,
supplies and services.
Changes to Full time Equivalents (FTE’s)
The 2016 authorized FTE schedule includes an addition of 19.536 FTE’s when compared to 2015.
The 2016 FTE’s, ongoing and one-time, total 781.5. The summaries of positions are:
 Increase of 16.006 regular and 2.53 limited term employees:
o 10.286 ASCFME employees, 3 management/confidential employees; 3.92 sworn
police employees, and 2.33 seasonal/temporary staff.
General Fund
Increase in General Fund Revenue
 2016 General Fund budgeted revenue is $127.6 million compared to $122 million in 2015
- 4.6% increase, the majority of which is related to property tax revenue.
 General Fund transfers-in total $98,000 with funding from the Coyote Hills Linear Park
Fund and several permanent funds, to be used toward 2016 operating costs.
General Fund Appropriations
 2016 General Fund appropriations total $120.1 million, compared to $114.4 million in
2015, a 5.0% increase. The increase is comprised of personnel costs, supplies and services.
 Personnel costs increased by $3.9 million due to the addition of 18.5 positions, increase
in wages and benefits included in the AFSCME and Police Association contracts and
increased pension costs.
General Fund One-Time Budget Requests – One-time appropriations requested in the
2016 General Fund preliminary budget, funded with the use of the one-time funding sources and
excess unassigned fund balance include:
 One-time uses:
o $500,000 to environmental mitigation, $100,000 to vegetation and fuels mgmt.,
$110,000 to stewardship and grazing, $100,000 for services related to Legislative
communications, $80,000 to information systems, $1 million to the paving
program, $500,000 to convenience camping, $300,000 matching funds for grants
to mine safety improvements, $310,000 to fleet management, $150,000 towards
the Del Valle water system, $129,000 to Quaggel Mussel program, $125,000 to
Redwood Canyon Golf Course facility design, $100,000 to major infrastructure
renovation replacement fund and appropriating $6.5 million to land acquisitions.
Other Funds
 No change from the 2015 budgeted revenue for special revenue funds. Total revenues
and transfers-in are projected to total $26.3 million in 2016.
 Debt service funds revenue and expenditures decreased, the reduction in budgeted
revenue and expenditures reflects the final payment on the 2006 Series AA bonds.
103

Internal service fund revenue and transfers-in increased slightly, expenditures and
transfer-out also increased due to increased funding for Districts infrastructure repairs
and replacement of major equipment.
Committee member Waespi asked for clarification on the pipeline fire captain position of .490
FTE. Budget Manager Burnor replied even though not a full time position (at .490) it allows the
fire department additional work by either a temporary or through overtime with the additional
FTE’s. General Manager (GM) Robert E. Doyle added staff requested funding for public safety at
Concord Hills Navel Weapon Station in the event property is acquired in 2016.
Committee chair Lane requested information on the appropriation of $500,000 to Environmental
Mitigation. GM Doyle replied this pertains to the gun club at Anthony Chabot; adding this is an
example of an ongoing costs that exceeds the budget.
Committee chair Lane asked for description of the Executive Assistant position. GM Doyle
replied the position is under the Government Affairs Manager as an assistant to new public
outreach in the legislative programs.
Committee member Waespi noted he is encouraged the District is adding 19.5 FTE’s and getting
new staff in relationship to purchasing new land.
CFO Auker highlighted a number items in the 2016 Proposed Budget for the committee. CFO
Auker reviewed Total Resources, funding types, how the budget is put together, list of base line
budget increases, summary of one-time appropriations, FTE’s, Special Fund Revenue, Division
summaries and pension costs.
Committee chair Lane asked if there are requirements in spending the Measure WW money.
CFO Auker advised committee the local grant program has been drawing down bond proceeds
and all requests are to be in by 2018, a benchmark set by the Board.
Committee chair Lane requested explanation on District-wide resources chart in the Proposed
Budget Volume 1. CFO Auker explained the table is a comparative of District-wide resources
from year to year showing the growth in the District.
Committee chair Lane asked for examples of fees and charges for out of District groups receiving
programs. Assistant General Manager (AGM) of Operations Jim O’Connor advised he will send
chair Lane examples of the fees and charges via email.
Committee chair Lane asked where a special donation would be documented.
CFO Auker advised there is a gift fund included in the Special Revenue fund; adding that staff
tracks in detail gift donations in the General Ledger.
Committee member Waespi asked if the interagency agreements the District has with Livermore
Area Recreation Park District and the Oakland Zoo are contraction agreements with Measure
CC. GM Doyle replied yes, the District agreed to assist these agencies during the recession and
continue to do so.
104
Committee chair Lane inquired on the amount of money the District is putting into the Quagga
Mussel inspection. AGM O’Connor advised the District is receiving money from East Bay MUD
and it varies by location. There are four partners splitting the cost at Del Valle. The net cost of
fees is $127,000, the District is paying one-fourth of the net cost. The District splits the net
costs ($55,000) at Lake Chabot.
Committee chair Lane asked if the Measure CC resources (in the Special Revenue Fund) to
extend operations at the Crab Cove Visitor Center will now keep visitor center open year round.
Budget Manager Burnor confirmed, noting that prior to Measure CC resources there was only
two 9 month employees at the Visitor Center; Measure CC allows those positions to work 12
months and keep the Crab Cove Visitor Center open all year. Committee chair Lane wanted to
explore the options of the District paying to keep the Visitor Center open without the use of
Measure CC funds.
Committee chair Lane inquired about the 131% increase in the Capital Outlay under project
budget. Budget Manager Burnor advised the increase is due to the anticipated expense towards
acquisition of land under Acquisition/Stewardship & Development.
Committee chair Lane noted she expects staff to begin the land use planning process for
Northern Las Trampas and northwest access.
Committee chair Lane noted she was impressed to see the District has 150 Volunteer Park
Ambassadors. GM Doyle complemented Isa Polt-Jones for supervising the Ambassador Program.
Committee chair Lane asked why Public Safety equipment budget went up 190%. Budget Manager
Burnor replied the increase is due to two new vehicles for the officers at the Concord Hills Naval
Weapon station.
Committee member Waespi appreciated the extra swimming test, continuing training and classes
for the high risk low income population.
Budget Manager Burnor concluded her report and requested a recommendation.
Recommendation: Motioned by Dennis Waespi and seconded by Beverly Lane that
the Finance Committee recommends to the full Board of Directors to review and
accept the 2016 Proposed Budget. Motion approved.
Agenda Item No. 2
2016 Article XIIIB California Appropriations Limit (Gann Limit)
Budget Manager Burnor reviewed with the committee the process of calculating the Gann Limit.
She shared that Article XIIIB of the California State Constitution established a formula to calculate
a limit on public agency appropriations of taxes as follows:
105



The appropriation limit applied to maximum appropriations to be charged against
property tax. Only the General Fund is subjected to the appropriation limit.
The limit is increased each year by the cost of living factor and the population change
factor (the annual increase factor).
The appropriation limit is compared to the appropriation to be paid with property tax.
The 2016 appropriation limit is $349.5 million, compared to the appropriations subject to
limit, which is $113.9 million, well below the appropriations limit for the fiscal year.
Recommendation: Motioned by Dennis Waespi and seconded by Beverly Lane that
the finance committee recommends to the full Board of Directors to review and
include this information in the 2016 Proposed Budget.
Agenda Item No. 3
Third Quarter 2015 General Fund and Other Governmental Funds Financial Reports
Assistant Finance Officer (AFO) Deborah Spaulding reported on the General Fund and Other
Governmental Funds Financial reports, noting that this quarterly financial reporting combines
budget and expenditure information in a single report.
As of September 30, 2015, the District’s financial activities are as expected when compared to
prior year and to the current year budget.
General Fund Revenues & Expenditures as of September 30, 2015
Both revenues and actual expenditures are on track for the year.
Budget
2015
General Fund
(in millions)
Actual
thru 9/30/15
variance
% of Budget
Complete
Revenue
$
122.2
$
66.2
$
(56.0)
54.2%
Expenditures
$
130.3
$
87.5
$
42.9
67.1%
net change in Fund Balance $
(8.2) $
(21.3) $
(13.1)
Attachments to the report provide additional information on the past four years of revenues and
expenditures, and comments on areas with revenues or expenditures 10% higher or lower than
prior year, along with summarized financial information for all other governmental funds.
AFO Spaulding reported on status of the General Fund Unassigned Fund Balance and reviewed
the table below. The table shows that the target Unassigned Fund Balance is $39 million and the
estimated ending fund balance based on the budget is $40.6 million. It was noted that the
estimated fund balance number is for budget comparison purposes only and will not be updated
to reflect actual year-end results until after completion of the CAFR in second quarter 2016.
106
Budgetary General Fund Unassigned Fund Balance
Beginning Unassigned Fund Balance (1/1/15)
$
2015 Budgeted Revenue
2015 Budgeted Expenditure
48,820,556
122,186,537
130,337,349
Estimated Ending Budgetary Fund Balance (12/31/15)
$
40,669,744
Estimated Excess (deficit) over 32% Reserve
$
1,570,052
$
39,099,692
Reserve Target per Policy
* (32% of annual
revenue)
* The Fund Balance Reserve Policy states that 32% of annual revenue is the minimum reserve to be
maintained by the District to provide emergency funding in the event of a disaster, temporary revenue
shortfall, or other qualified circumstance.
Use of the funds requires Board of Director approval.
Committee member Waespi asked what is done with the $1.57 million in excess over reserve.
CFO Auker advised committee that District staff at mid-year requests appropriations of onetime items which will come to the Committee and the Board for approval.
Committee chair Lane asked if Acquisition/Stewardship and Development (ASD) has empty
positions. AFO Spaulding replied yes however as of today some of these may be filled.
Recommendation: Motioned by Dennis Waespi and Seconded by Beverly Lane that
the Finance Committee recommends to the full Board of Directors for approval the
Third Quarter 2015 General Fund and Other Governmental Funds Financial
Reports. Motion approved.
Agenda Item No. 4
September 30, 2015 Investment Report
CFO Auker presented a report of the District’s investment activity. The report is in accordance
with State Law and the District’s Investment Policy. Total cash and investment as of September
30, 2015 was $272,466,032. Pooled cash managed by CFO/Controller decreased approximately
$54.2 million from June 30th; this decrease is mainly the result of scheduled debt service payments
of $25.2 million made in September and the funding of District operating and capital costs during
the third quarter. This drawdown of cash was anticipated, as the major portion of property taxes
is received during the months of April and December. Funds managed by the fiscal agents’
decreased $.09 million during the third quarter. The majority of the difference was attributed to
the spending of WW project funds.
Year-to-date interest revenue at the end of the third quarter totaled $1,021,764 which is less
than the prior year due to $19.6 million less in bond funds invested, however in line with the
2015 budget estimates.
107
Recommendations: Motioned by Dennis Waespi and seconded by Beverly Lane that
the Finance Committee recommends to the full Board of Directors for approval of
the September 30, 2015 Investment Report. Motioned Approved.
Agenda Item No. 5
Committee Member Comments
None.
Agenda Item No. 6
Public Comment
There were no public comments.
CFO Auker reminded the Board finance committee and staff that there will be no Finance
Committee meeting in December, the next meeting is January 27, 2016
Committee chair Lane adjourned the meeting at 2:35 p.m.
Respectfully Submitted,
Connie Swisher
Finance Department
108
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
EAST BAY REGIONAL PARK DISTRICT
Tuesday, February 16, 2016
C.
BUSINESS BEFORE THE BOARD
6.
CONSENT CALENDAR
c.
Finance Committee Minutes and Recommended Actions from the
October 28, 2015
(Lane)
Attendees
Board:
Directors Beverly Lane, Ayn Wieskamp, Dennis Waespi
Staff:
Debra Auker, Bill Zenoni, Deborah Spaulding, David Sumner, Pam Burnor,
Kim Balingit, Meadow D’Arcy, Jim O’Connor, Annie Thomson
Public:
Rick Rickard- PAC
Committee chair Beverly Lane began the meeting at 12:30 PM with the introduction of committee
members.
Agenda Item No. 1
Formation of Community Facilities District to Fund Maintenance of Open Space in
the Las Trampas Area
Asst. Finance Officer (AFO) Deborah Spaulding reported the District is in the process of forming
a second Community Facilities District (CFD) as a mechanism to fund park maintenance services
for open space areas dedicated to the District through development. The CFD proposed is for
a 740-unit development project located on 450 acres, called the Faria Preserve in San Ramon.
The City of San Ramon required the Faria Preserve to include the dedication of approximately
140 acres of open space to the District.
Special tax consultant, Tim Seufert, Managing Director with NBS was available to answer
questions.
AFO Spaulding presented the proposed timeline for the CFD formation process:
 November 17, 2015 – Board adopts Resolution of Intention to establish CFD, the Rate
and Method of Apportionment (RMA) and Boundary Map.
 December 2, 5015 – District records CFD Boundary Map with Contra Costa County
 December 18, 2015 – District mails CFD Election Materials to Developer
 January 5, 2016 – District publishes Notice of Public Hearing in general newspapers
109


January 12, 2016 – Board of Directors approves CFD formation.
January 27, 2016 – District records Notice of Special Tax Lien with Contra Costa County
Cost Model & Allocation
The cost model includes the full expenses of managing the parking, trailheads, and facilities in and
around the site, and the trails that connect into Las Trampas Wilderness.
 The cost to maintain this property, which includes public safety costs, is approximately
$150,000 per year. Roughly one-third of the total cost will be borne by the District and
the remaining two-thirds of the cost ($105,000), will be assessed to the property owners
in the CFD as shown below:
Rate per EDU
Land Use
SFR 1
SFR 2
SFR 3
Condominiums
Apartments
Senior Apartments
Totals:
$210.76
Lot Size
Description
50' x 100'
46' 70'
35' x 65'
Units
121
72
63
182
216
86
740
EDU
*Factor
1.00
0.90
0.85
0.75
0.50
0.20
Total
EDUs
121.00
64.80
53.55
136.50
108.00
17.20
501.05
CFD Rate
per Unit
$211.00
190.00
180.00
159.00
106.00
43.00
Total
Revenue
$25,531
13,680
11,340
28,938
22,896
3,698
$106,083
*EDU – Equivalent Dwelling Unit
Committee chair Beverly Lane asked if the same proportions were used in the first CFD the
District created. AFO Spaulding responded no, in the first CFD it was recommended by the
Committee that the District bear more of the cost due to fewer homes. She added each CFD
can have a different cost model based on their unique situations.
AFO Spaulding added the Faria development has different unit sizes within the development,
larger singles family homes to apartment units. NBS advises the District allocate the cost
according to the equivalent dwelling unit (EDU) factor.
CFO Debra Auker reported to committee there is language in the RMA noting if there is any
change in the number of apartment units the owner is still responsible for the overall total special
tax due. This will protect the District if they build less units than planned.
Committee chair Lane asked if cost is the same to set up a CFD as with the Zones of Benefits
(ZOB). NBS Tim Seufert responded a CFD is easier with fewer annual requirements. In addition
CFD’S as compared to ZOB allow a built in inflation factor.
Committee chair Lane asked Senior Planner Annie Thomson if permits have been received for
development. Senior Planner Thomson advised developer has approval from City of San Ramon
110
and received resource agency permits. Committee chair Lane inquired if staging area will be at
Chin property off Bollinger Canyon. Senior Planner Thomson responded yes.
AFO Spaulding concluded by thanking Senior Planner Thomson for her work.
Recommendation: Motioned by Ayn Wieskamp and seconded by Dennis Waespi
that the Finance Committee recommends to the full Board of Directors acceptance
of the materials for establishing the Community Facilities District No. C-2 Las
Trampas. Motion Approved.
Agenda Item No. 2
2016 Proposed General Fund Budget Summary
Budget Manager Pam Burnor presented a review on the status of the 2016 budget process and
provided an overview of the 2016 proposed General Fund budget. The 2016 General Fund
proposed budget is balanced with approximately $127.9 million in budgeted revenue and
appropriations (4.8% increase from 2015).
2016 Proposed General Fund Revenue Budget as Compared to 2015 Adopted
Budget:
 2016 property tax budgeted revenue is $5 million higher than 2015 budgeted revenue, a
4.5% increase.
 2016 budgets in various other revenue sources increased $772,132, the majority in
charges for services.
 2016 General Fund transfers in are budgeted at $98,000.
2016 Proposed General Fund Appropriations as Compared to the 2015 Adopted
Appropriations:
 Personnel: 2016 salary/benefits increase is approximately 4.8%: 1) this included changes
resulting from 2013 contract, which impacts AFSCME, confidential and management, 2)
2016 budget includes COLA and changes from 2014 contract with the Police Association,
3) increase in salary/benefits also incorporates the 2016 General Fund increase in staffing
of 18.356 FTE’s (Full Time Employees).
 Supplies: Supplies budget increases 2.1%, the majority for a one-time appropriation
slated for purchases of rolling stock costing less than $25,000.
 Services: Services budget increases 8.8%; included in increase is mitigation related to
Anthony Chabot, the Quagga Mussel Response and Redwood Canyon banquet center.
 Capital Equipment: Capital equipment decreases 5.9%.
2016 General fund Transfers Out to Other Funds
Annual transfers out to projects and debt service are roughly $6.9 million, about the same as
2015, which include these new items:
 Del Valle Convenience Camping at $500,000
 Black Diamond Mine Improvements at $310,000
111
2016 General Fund Operating Budget Highlights: (handouts provided showing pipeline
positions breakdown by divisions)
 $3 million base budget requests are funded in the 2016 General Fund proposed budget,
plus $3 million one-time funding requests.
 Funding for new pipeline personnel and operating expenses.
 2016 budget process proposes 19.536 additional staff FTE’s, District-wide.
Committee chair Lane asked of the positions added, are two for Public Safety in Concord Hills.
CFO Auker responded yes and added the remaining pipeline positions for Concord Hills will be
held over to future years.
AGM Operations Jim O’Connor highlighted Operations is adding an additional park ranger to
Mission Peak due to challenges at the park. Admin. Analyst Meadow D’Arcy added an additional
Public Safety CFO position is also slotted for Mission Peak.
Committee chair Lane asked if District is adding another Deputy District Council.
CFO Auker replied yes there is a need for another attorney due to Workman’s Compensation
has become a complexed area.
Committee member Ayn Wieskamp asked if District is funding the water issue at Del Valle. AGM
O’Connor responded the study for the water issue is funded; adding staff is investigating possible
grant funds to help support the project.
Budget Manager Burnor concluded her report stating the next steps in the budget process:
Nov 16
Proposed Budget delivered to the Board of Directors/Finance Committee
Nov 23
Proposed Budget presented to the Finance Committee
Nov 23
Proposed Budget presented to the Park Advisory Committee
Dec 1
Introduction of Proposed Budget to the Board of Directors first public hearing
Dec 15
Adoption of Proposed Budget by the Board of Directors second public hearing
Recommendation: None. This is an informational item only.
Agenda Item No. 3
Committee Member Comments
Committee member Dennis Waespi asked status of filling the Deputy General Manager position.
CFO Auker replied Human Resources is conducting interviews on October 30, 2015.
Committee chair Lane asked for status of Tilden EEC, the improvements in the space to bring
1930 map and wheelchair accessibility. AGM O’Connor advised the Board recently approved the
ADA ramp. Operations will move forward with ramp, once complete Creative Services will
install the map, it will be completed early 2016.
Agenda Item No. 4
Public Comment
112
No public comments.
Committee chair Lane adjourned meeting at 1:40 pm.
Next meeting is November 23 (Monday), 2015 at 12:30 p.m.
Respectfully Submitted,
/s/ Connie Swisher
Finance Department
113
NEWSCLIPS
The Once-In-A-Lifetime Ladybug Love-In
By Elliott Kennerson, KQED Science February 9, 2016
With their charming spots and bright red bodies, ladybugs are pretty hard to miss. We’re
used to seeing them alone, picking off sap-sucking aphids in the garden. But at certain
times of year, ladybugs head for the hills to assemble in huge groups, called aggregations,
clumping together in layers several bodies thick.
Ladybugs find safety in numbers, broadcasting their warning red color to predators. (Elliott
Kennerson/KQED)
This arresting, almost uncanny sight—roiling masses of tiny red bodies jostling for
position on rocks, logs, and branches—is typical of the “convergent” ladybug whose
range covers a great deal of North America.
In the Bay Area, one of the best places to view ladybug aggregations is Redwood
Regional Park in Oakland. Between November and February, numerous points along the
park’s main artery, the Stream Trail, are swarming with the insects.
Movement is chaotic in a ladybug aggregation. (Josh Cassidy/KQED)
“People love ladybugs, ” said Michael Charnofsky, a naturalist with East Bay Regional
Park District who leads ladybug walking tours. “And to see so many in one location is
115
fascinating to people. Hundreds, thousands, tens of thousands…it’s outside the realm of
their experience.”
Scientists believe the behavior evolved as a way for a solitary species to reproduce and to
cope with a limited winter food supply. After fattening themselves up, and before
bedding down for winter, these ladybugs are getting together to take care of some final
business—namely, mating.
Ladybugs normally live solitary lives. (Josh Cassidy/KQED )
Ironically, convergent ladybugs, which are actually beetles, are not named for this
behavior. The word “convergent” in their name refers to the characteristic white lines
behind their heads.
In California, ladybugs spend most of the year on crops in the Central Valley, or on
domestic garden plants, feeding on aphids. When the weather starts to turn chilly,
however, the aphids die off in the cold.
Ladybugs eat aphids for most of the year. (Josh Cassidy/KQED)
With food becoming scarce, the ladybugs take off, flying straight up. The wind picks them up and carries
them on their way, toward hills in the Bay Area and coastal mountain ranges.
“They are literally blown into the mountains,” said Christopher Wheeler, who studied
ladybug behavior for his Ph.D. at UC Riverside. “At first, they’re spread out. They use a
combination of visual cues and smell to start to find each other.”
116
Departing ladybugs fly straight up in the air. (Josh Cassidy/KQED)
Pheromones left behind in the mountains from previous aggregations lead these
newcomers right to the best wintering spots. One type of chemical even comes from the
ladybugs’ feet.
“Wherever they walk, they leave behind a chemical trace. These sites are covered in it,”
said Wheeler.
Ladybugs leave pheromones behind in their footsteps. (Josh Cassidy/KQED)
As the ladybugs trickle in one by one, the aggregation grows.
While these gatherings might seem to make the ladybugs more visible, and therefore
more vulnerable to predators, the opposite is probably true, scientists say. Their higher
numbers serve to magnify the warning broadcast by their red color.
“Predators have evolved to avoid that kind of visual signal,” Wheeler said.
And that red color is no red herring. “They truly do taste bad. In high enough
concentrations, they can be toxic,” he said.
Within the ladybug clumps, the movement is scrambling and unpredictable, not
hierarchical like in a beehive or ant hill. Scientists think that the females—about half of
the population, all of them previously unmated—may be selecting mates amid the chaos.
117
Aggregating ladybugs seem to jostle for position. (Elliott Kennerson/KQED)
Finally, the beetles hunker down underground, entering “diapause” or deep hibernation.
Chemical changes in the ladybugs’ bodies prevent them from freezing or drying out.
They can stay underground safely, even covered in snow, for up to three months.
The reemergence is gradual.
Finding mates is one reason ladybugs aggregate. (Josh Cassidy/KQED)
“In snowier areas, it’s more of a deep hibernation,” said Charnofksy. “It really depends
on temperature more than anything. When it warms up, you start to see them becoming
more active again.”
When spring arrives, warmer daytime temperatures urge the dormant aggregators to
venture forth and return home, where a diet of aphids awaits.
Black bean aphids are a ladybug favorite. (Josh Cassidy/KQED)
118
Weather purges San Francisco Bay Area lakes of toxic
algae
Wednesday, February 10, 2016
OAKLAND, Calif. (AP) — Heavy rain and a cold El Niño winter have purged three East
Bay swim lakes of toxic algae that flourished in the drought last year and led to
swim bans, lost lifeguard jobs and changed vacation plans.
The Oakland Tribune reports (http://bayareane.ws/1nYjzsv ) that the beach at
Quarry Lakes Recreation Area in Fremont has reopened to swimming after
repeated tests showed the lake free of blue green algae.
The algae also has dissipated at Lake Temescal in Oakland and Lake Anza in
Berkeley. Swimming has not resumed yet in those two lakes, however, as they are
regularly closed until the swim season begins in late April.
Del Valle Reservoir in Livermore remains closed to swimming because of an algae
bloom that flourished in December. The algae can cause nausea, vomiting, and
headaches in humans, and it can kill dogs.
119
More intrigue surrounding Concord Naval
Weapons Station
By Lisa P. White
lwhite@bayareanewsgroup.com
02/10/2016 UPDATED: ABOUT 4 HOURS AGO
CONCORD -- Allegations of influence peddling and backroom deal-making
involving two local homebuilders last year threatened to derail the selection of
the Concord Naval Weapons Station developer, records show.
An unidentified builder reportedly asked Catellus Development Corp. for money
in return for securing Concord City Council support, prompting Concord to ban
negotiations with third parties. Shortly before city leaders were set to consider a
developer for the former base, then-Mayor Tim Grayson raised concerns that
Catellus was discussing a side deal with the Seeno family, owners of the Concordbased home building empire.
With millions of dollars and the success of the long-planned residential and
commercial project at stake, city staffers acted swiftly to preserve the integrity of
the developer selection process, according to emails this newspaper obtained.
The first issue arose a month into the city's negotiations with Catellus and Lennar
Urban, the two firms vying to develop the first phase of the former military base.
"Are you guys getting pressured by one or more locals indicating some sort of
purported mandatory 20 percent to local builders?" Michael Wright, former
executive director of the Local Reuse Authority wrote in a June 1 email to Catellus
Vice President Steve Buster.
Catellus President Ted Antenucci initially told Wright that a local builder had
expressed a desire to be involved in the project. Then on June 5, Antenucci wrote
in an email to Wright that the situation had "escalated." Antenucci explained
recently that the builder -- whom he declined to identify but said was not a Seeno
company -- had asked to be involved in the "economics of our proposal."
"It was a significant request and we were told that if we didn't comply they were
going to talk to Lennar and that raised a concern of ours and we asked that
language be added to the (negotiating) agreement," Antenucci said.
No local builders approached Lennar, spokesman David Satterfield said.
120
The city took Antenucci's allegations seriously.
"I have discussed situation with city manager and city attorney, they are
appalled," Wright wrote Antenucci on June 6. "We will go into closed session to
get council to approve very specific language (that) will preclude either firm from
entering in to any side agreements with development or labor because it impacts
value.
"Depending on the specific language used to justify the ask, this may be a
situation where we are bound to notify the district attorney," Wright added.
On June 26, the city prohibited Catellus and Lennar from negotiating with
vertical builders and other third parties. Both Wright and City Manager Valerie
Barone declined to comment about the possible influence peddling that led up to
the council action.
The selection process seemed to be back on track until September when Grayson
claimed that Catellus was discussing a partnership with the Seeno family. In
2014, Seecon Financial & Construction Company, a Seeno company, had
responded to the city's call for developers but was not among the four firms
invited to submit a formal request for proposal for the base reuse project.
On Sept. 17, less than two weeks before the council was to discuss choosing the
weapons station developer, Wright sent Antenucci and Buster an urgent email
saying Grayson was "adamant" Catellus and Seeno were talking and that "Seeno
is plotting some way of gaining control of the project through Catellus."
A Seeno representative could not be reached for comment. Although the email
said his information came from a source within the Seeno organization, Grayson
on Tuesday said he did not recall saying that. However, he felt it was his
responsibility to notify city staff so they could investigate.
"We were assured that something like that could not happen," Grayson said.
Antenucci said a consultant called him on Sept. 10 offering to arrange a meeting
with a Seeno family member, but he declined. Catellus strongly denied any
involvement with Seeno companies.
Wright believed them.
"I have already told city this is BS (in those terms)," Wright wrote Buster on Sept.
17. "This is Mary Jo Rossi throwing mud on a wall to see what sticks."
Rossi, a well-connected local political consultant who has represented candidates
for elected office as well as several East Bay police unions, is Grayson's Assembly
121
campaign manager. She arranged for Grayson to meet twice in August with
former San Francisco Mayor Willie Brown, a principal at an investment fund that
does business with Lennar. She also joined council members and city staffers
when they visited a Catellus project in Austin, Texas, and toured Lennar's
development in Irvine last summer. The trips were open to the public and Rossi
said she paid her own way.
"I have no idea what Mike Wright is talking about," Rossi wrote in an email last
week.
Wright said he does not know who started the Seeno rumor and there was no
truth to it.
"The issue got raised multiple times and staff answered the question multiple
times that there was no relationship between Catellus and the Seeno family of
companies," he said last week.
Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011.
Follow her at Twitter.com/lisa_p_white.
122
Public meeting Thursday about releasing
Concord Naval Weapons Station report
By Lisa P. White
lwhite@bayareanewsgroup.com
02/10/2016 28 MIN. AGO
CONCORD -- The City Council on Thursday will discuss releasing a report on an
independent investigation into whether one of the two firms competing to
develop the Concord Naval Weapons Station improperly lobbied the council.
The public meeting begins at 5:30 p.m. at City Hall, 1950 Parkside Dr.
If council members decide to release the report, it would be posted online by 10
a.m. Friday at www.concordreuseproject.org. Copies of it also would be available
on CD at the reuse project office at City Hall.
After the city pulled a recommendation for Catellus Development Corp. from the
staff report, the company demanded that Concord investigate whether Lennar
Urban and its associates had lobbied council members in violation of the
negotiating agreement both firms signed in May, and whether the lobbying led to
the omission of a recommendation.
The allegations included possible meetings with former San Francisco Mayor
Willie Brown, a principal at an investment fund that does business with Lennar,
as well as campaign contributions to Mayor Tim Grayson's state Assembly
campaign.
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.
Lisa P. White covers Concord and Pleasant Hill. Contact her at 925-943-8011.
Follow her at Twitter.com/lisa_p_white.
123
Contra Costa Times editorial: Backroom politics
erode confidence in Concord Naval Weapons
Station planning
Contra Costa Times editorial © 2016 Bay Area News Group
02/08/2016
Looking west towards the Concord Naval Weapons Station in Concord, Calif., on Saturday, Aug. 15, 2015. (Jose Carlos
Fajardo/Bay Area News Group)
Until last summer, it appeared city officials were being transparent about
planning for the Concord Naval Weapons Station development.
That façade has crumbled. Political intrigue has replaced that sense of fairness.
Twice now, City Manager Valerie Barone made last-minute changes that have
cast shadows over the integrity of the process. It's unclear if she acted on her
own, as she claims, or under pressure from the council. It is clear that she misled
the public, which is inexcusable.
Meanwhile, following the tragic suicide of City Attorney Mark Coon, an outside
lawyer was hired to finish investigating allegations of influence-peddling
surrounding selection of a master developer for the massive project.
The Concord City Council will receive the investigator's report in closed session
Tuesday. It must be made public.
More secrecy cannot be helpful and should not tolerated. There's too much at
stake. The plans for housing, office buildings and commercial space will cover an
area half the size of the city of Pleasant Hill.
124
For a decade, the planning process seemed above board, balancing concerns of
environmentalists, neighbors, transit officials, educators and builders. Then, last
year, as selection of the developer neared, backroom politics reared its ugly head.
Mayor Tim Grayson accepted $16,800 in donations to his state Assembly
campaign from firms linked to Lennar Urban, one of the two finalists. He later
returned the money and claimed he didn't realize the contributors were
connected.
He and his campaign manager, Mary Jo Rossi, also sought political advice from
former San Francisco Mayor Willie Brown, a Lennar advocate and principal at an
investment fund that does business with the builder.
Meanwhile, the project's planning director announced his retirement. He was
replaced by Guy Bjerke, a politically connected former councilman with an
apparent conflict as former CEO of the Building Industry Association Bay Area.
Bjerke was one of five job candidates interviewed by a panel of outside experts.
As reporter Lisa White discovered through a Public Records Act request, he
didn't make the cut with them in part because he lacked experience with military
base reuse projects.
But Barone, when announcing his hiring, said Bjerke was one of two finalists. She
didn't mention that was only because he was brought back into the selection
process at the last moment, a decision she now says she made.
Soon after, city staff finalized its analysis of the two competing developers'
proposals. But before its release, the staff recommendation for Catellus
Development Corp. over Lennar was deleted. Barone claims that was also her
call, but newly released documents suggest council involvement.
The surprising removal of the recommendation prompted Catellus' demand for
the investigation. The company and the public deserve to see what it found.
125
East Bay's Park It: Treat your valentine to
nature's beauty
By Ned MacKay
Columnist
Valentine's Day weekend will soon be here, and it will not pass unnoticed in the
East Bay regional parks, where staff naturalists have scheduled lots of valentinethemed hikes. Here's a roundup:
At Big Break Regional Shoreline in Oakley, Feb. 14 is "Love Your Parks Day."
From 2 to 3 p.m., the interpretive staff will host a program about why people and
animals alike love the parks, and how we can preserve parklands for future
generations. Big Break is at 69 Big Break Road off Main Street. For information,
call 888-327-2757, ext. 3050.
Amorous amphibians will be the focus of a walk from 10 a.m. to noon Feb. 14 at
Briones Regional Park, led by naturalist Eddie Willis. It's an easy, 1-mile stroll to
a newt and frog pond from the trailhead at the top of Briones Road off Alhambra
Valley Road in Martinez. For directions, call 888-327-2757, ext. 2750.
There are also plenty of newts and frogs in a quarry pond at Sibley Volcanic
Regional Preserve in Oakland. You can join a naturalist on a moderate 3-mile
hike to the pond from 10 a.m. to noon Saturday. Meet at Sibley's Skyline
Boulevard entrance, just a bit south of the intersection with Grizzly Peak
Boulevard. Call 510-544-3187 for information.
And there's more. Naturalist Morgan Dill will lead a 2-mile walk in Redwood
Regional Park in Oakland from 2 to 4 p.m. Feb. 14 in search of the park's more
amorous animal residents. Meet Morgan at the Canyon Meadows staging area,
which is at the end of the park's entrance road off Redwood Road, a couple of
miles past Skyline Boulevard. Call 510-544-3187.
Love is in the air at Garin Regional Park in Hayward, too. Naturalist Francis
Mendoza will lead a newt hike there from 10 to 11:30 a.m. Feb. 14. It's for ages 12
and older. Meet Francis at the Garin Barn Visitor Center. The barn and park are
at the end of Garin Avenue off Mission Boulevard. Call 510-544-3220 for
information.
And "Love in the Wilderness" is the theme of a hike from 8:30 to 11:30 a.m. Feb.
14 at Sunol Regional Wilderness, led by naturalist Cat Taylor. The group will look
for "amorous amphibians and rapturous raptors." This one's a steep, possibly
muddy, 3.2-mile climb, for ages 7 and older.
126 Sunol Wilderness is at the end of
Geary Road off Calaveras Road, 5 miles south of Interstate 680 in southern
Alameda County. For information, call 510-544-3249.
Berkeley: The weekend schedule is full at Tilden Nature Area near Berkeley, with
programs for kids and adults.
Family Restoration Day is from 1 to 2:30 p.m. Saturday. Meet at Tilden's
Environmental Education Center. Naturalist Morgan Evans will lead the group in
interactive games that demonstrate nature's interrelationships while helping to
remove invasive plants. It's for ages 6 and older.
Then Morgan will host "spinning a yarn storytelling" from 3 to 4:30 p.m. the
same day. Visitors can watch wool being spun at the Little Farm while hearing
some tall tales. Fireside story time is from 11 a.m. to noon Feb. 14 at the center,
featuring children's stories about farming, insects and other nature themes.
It all ends with an adult-rated Valentine's Day walk from 5 to 7 p.m. Feb. 14, led
by naturalist Trent Pearce, in search of amphibians, spermatophores and nuptial
pads. The walk is for ages 21 and older. Meet at the Tilden Golf Course. The Little
Farm and Environmental Education Center are at the north end of Tilden's
Central Park Drive. The golf course is on Golf Course Road. For information on
any of the Tilden programs, call 510-544-2233.
Alameda: In collaboration with the East Bay Regional Park District, the National
Park Service and the Alameda Recreation and Parks Department, the Alameda
Public Library has created Libraries Outside, with the goal of making it easier for
people to enjoy the outdoors.
The library has assembled 20 day packs filled with field guides, binoculars, trail
guides, maps and information on junior ranger activities. The packs can be
checked out for three weeks by anyone with an Alameda Free Library card.
The partnering park agencies also give naturalist and ranger talks at the library,
guide hikes and organize workdays in the park systems. For more information on
the Libraries Outside program, as well as a nature-themed book club being
established, visit www.librariesoutside.us.
Algae Alerts: There's good news at three park district lakes. Algae blooms have
cleared up at Lake Anza near Berkeley, Lake Temescal in Oakland and Quarry
Lakes in Fremont. So it's safe for dogs to go into the water. However, the algae is
still present at Lake Chabot in Castro Valley and Lake Del Valle south of
Livermore. Keep your dogs out of those two lakes until further notice; the algae
can be fatal to them.
Ned MacKay writes a regular column about East Bay Regional Park District sites
127
and activities. Email him at nedmackay@comcast.net.
Concord pulled recommendation for weapons
station developer
By Lisa P. White
lwhite@bayareanewsgroup.com
: 5 DAYS AGO
CONCORD -- A week before the City Council was set to consider a developer for
the Concord Naval Weapons Station, the city hastily scrubbed the
recommendation to award the coveted contract to Catellus Development Corp.,
records show.
The decision to pull the recommendation from the staff report in September set
off a chain reaction that culminated with Concord postponing the developer
decision indefinitely while an independent investigator looked into allegations by
Catellus that its competitor Lennar Urban improperly lobbied the council.
City Manager Valerie Barone has maintained that she made the decision to delete
the recommendation, but emails this newspaper received through a public
records request raise questions about the council's role.
On Tuesday, city leaders are scheduled to vote in closed session whether to waive
attorney-client privilege and release the investigator's report.
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.
Before the selection process was stalled, the city had been negotiating with the
two firms over terms such as how much money they would invest in the project
and the rate of return each expected. City staff endorsed Catellus because the
company offered the possibility of more money for Concord; provided dedicated
funding for affordable housing and public transportation; would have included
more developers in the project; and committed to working collaboratively with
residents and city officials, according to the original version of the staff report.
But on Sept. 22, project consultant Mike Wright sent Catellus President Ted
Antenucci an email about the abrupt shift in the city's approach.
"Council has officially reversed its request for a staff recommendation and the
staff report will be issued without one, over my strong objections," wrote Wright,
the former executive director of the Local
128Reuse Authority. "The council is aware
that if a recommendation were made that it would be for Catellus. I am truly
sorry about this."
Wright declined to comment because this issue will be addressed in the
investigator's report. Citing Tuesday's closed session meeting, Barone also
declined to comment on Wright's email. However, she has said she decided to
break protocol and leave a recommendation out of the staff report because both
Catellus and Lennar are highly qualified, and the report describes the differences
between the two proposals.
"I did individually speak with each council member before I implemented my
decision to see if not having a staff recommendation was a problem," Barone
wrote in an email in October.
It appears the council did not express a strong desire for or against it.
At the time, Councilman Edi Birsan was adamant that he did not want one;
Councilman Dan Helix did, and Councilwoman Laura Hoffmeister said she had
no problem not having a recommendation.
Councilman Tim Grayson, who was mayor at the time, said last week that he
preferred staff "stick strictly with the facts." Councilman Ron Leone has recused
himself from voting on the master developer because he lives within 500 feet of
the former base.
Two days after Wright told Antenucci about the staff report, Catellus sent a letter
demanding that Concord investigate whether Lennar and its associates had
lobbied council members in violation of the negotiating agreement both firms
signed in May and whether the lobbying led to the omission of a
recommendation.
Catellus' allegations included possible meetings with former San Francisco Mayor
Willie Brown, a principal at an investment fund that does business with Lennar,
as well as campaign contributions to Grayson's state Assembly campaign. "We
were aware that the recommendation was for us, and that's one of the reasons
why we felt it was unfair that the (original) report wasn't issued," Antenucci said.
"Knowing that was done after everyone was aware of the fact that we were the
one recommended, it felt like we were being intentionally disadvantaged, and it
raised concerns, which is why we ultimately wrote the letter."
Catellus almost walked away from the project, emails reveal.
Lennar, which has strongly denied any wrongdoing, declined to comment.
Although all five council members have said Lennar did not lobby them, Grayson
129
sought campaign advice from Brown during two meetings in August. In
September, Grayson returned $16,800 in contributions to his Assembly
campaign from companies or individuals associated with Lennar.
Grayson initially opposed postponing the Sept. 29 vote on the master developer
selection to allow time for the city to investigate Catellus' claims. "I am, and will,
go on record as stating we should have stood our ground!" he wrote in a Sept. 26
email to Barone.
Grayson now says he was frustrated that Catellus waited until a few days before
the meeting to raise concerns about the integrity of the selection process. In
retrospect, he said, "I don't think it would have been wise to hold the vote that
following Tuesday."
130
Hunting for park jobs at the East Bay Regional
Park District Youth Job Fair
Updated Feb 4, 2016
Photo by Michele Chatburn
The East Bay Regional Parks District recently held their Youth Job Fair, on Saturday,
Jan. 30, at the Big Break Visitor Center, in Oakley. The popular event drew crowds of
young people, aged 15 to 24, who were looking for summer jobs.
131
The rushing majesty of Little Yosemite
By Tom Stienstra
Thursday, February 4, 2016
Photo: Tom Stienstra / The Chronicle
Faith Henry and Rafer Clive enjoy a rock perch amid a succession of miniature waterfalls in a pooland-drop rocky gorge of Little Yosemite at Sunol-Ohlone Regional Wilderness in East Bay hills near
Sunol
If you haven’t seen Little Yosemite, it looks far different than you might imagine.
Even if you have seen Little Yosemite in the past few years, it also looks far
different now than you probably would imagine it.
Skiers giddily paying steep prices for Tahoe
slopes’ fine snow
Rare shot of a pika chosen as Wildlife Photo of the
Year
132
Heavy rain last weekend saturated the hills and flushed water through the
aquifers and into the headwaters of Alameda Creek. It turned a rocky gorge, dry
for much of the past five years, into a rushing torrent of miniature waterfalls,
pool-and-drop.
“I’ve been here before, too, and never seen anything like this,” said Rafer Clive,
who took a seat with Faith Henry on a boulder overlooking the gorge and
cascades.
The entrance to Sunol-Ohlone Wilderness is about 6 miles from Interstate 680
near Sunol. It’s a gateway for a wilderness that spans 30 miles east to Del Valle
Regional Park (south of Livermore), 8 miles west to Mission Peak (near
Fremont).
It’s one of the best parks for hiking, biking, horseback riding, wildlife watching
and camping in the Bay Area. Abundant populations of ground squirrels give rise
to some of the highest numbers of golden eagles, red-tailed hawks, prairie falcons
and peregrine falcons anywhere. In addition, there are high numbers of deer, and
predators that eat them, including mountain lions, bobcats and coyotes.
A series of sandstone crags, Flag Hill, Cerro Este and others, rises from the
ridges. The crags provide towering views over the valley below and the Alameda
Creek watershed. On the crags, if you look closely, you can see fossilized shells in
the rock that tell a story of when these mountaintops were once on the bottom of
the sea. From Little Yosemite, the trip can be expanded to these more distant
landscapes.
133
Increase in rainfall flushes out toxic algae in Tilden
Regional Park’s Lake Anza
By Harini Shyamsundar | Staff
Last Updated February 4, 2016
Toxic algae fueled by heat, dry weather temporarily shuts down Lake Anza Body
found at Tilden Park identified as that of former UC Berkeley student
A recent increase in rainfall in the East Bay has flushed out toxic algae from
Tilden Regional Park’s Lake Anza.
Lake Anza closed in September 2015 when East Bay Regional Park District
officials discovered unsafe levels of microcystin, a toxin produced by blue-green
algae, which thrives in warm climates. Two months earlier, EBRPD officials shut
down Oakland’s Lake Temescal because of a similar occurrence of algae-related
lake toxicity.
Both lakes were closed for most of the 2015 swim season, according a December
EBRPD board meeting agenda. Since EBRPD discovered the algae in September,
funds have been allocated to the district’s Water Resources Management Unit to
monitor lake toxicity on a weekly basis.
According to EBRPD spokesperson Carolyn Jones, Lake Anza has not had any
toxicity readings for more than two months, when the rains first began.
“We will continue to do the testing religiously,” Jones said.
Jones added that the dissipation of lake toxins has been completely
natural. EBRPD has tried to take steps to reduce the possibility of algae growing,
but Jones said using chemicals is the district’s last resort.
The lake is expected to reopen in April in time for swim season, Jones said,
though algae may return if temperatures rise again. According to Jones, a similar
phenomenon occurred in Lake Temescal, which has produced toxic algae on and
off for a couple of years.
134
“People’s dogs swim in Lake Anza,” Jones said. “People swim in the lake. We have
to be extremely cautious.”
No one, including the district’s staff, is completely sure what causes the algae to
become toxic, according to Jones.
The first-ever toxic algae bloom in the East Bay occurred in 2014, EBRPD
officials reported last year. They emphasized the impact of California’s drought
on the incident, citing in particular the lake’s unusually low water levels and
warmer temperature.
EBRPD will continue to warn people of the algae’s presence in the lakes with
signs and online notices, but Jones said the district hopes the outbreak will not
resurface.
“We appreciate everyone’s patience,” Jones said. “(Lake Anza is) a beautiful lake,
and it would be a drag to see it closed down in the middle of summer.”
135
Hills tree removal plan debated at Kehilla
Synagogue
By Oksana Yurovsky
Correspondent
UPDATED: 6 DAYS AGO
A grove of eucalyptus trees tower over other native trees and shrubs in the Claremont Canyon in Oakland, Calif., on Tuesday, Oct. 1,
2014. (Laura A. Oda/Bay Area News Group) ( Laura A. Oda )
PIEDMONT -- The $5.67 million grant from the Federal Emergency Management
Agency that would be used to remove eucalyptus and other non-native trees in
the Oakland and Berkeley hills continues to be embroiled in a stalemate after two
local groups sued the agency early last year.
The Sierra Club, which supports tree removal and the Hills Conservation
Network, a neighborhood group that opposes it, filed suit separately after the
agency released a final version of an environmental-impact statement, which
both parties found deficient.
FEMA approved fire mitigation funds in March 2015 for an area spanning more
than 2,000 acres. The funds would be shared by the City of Oakland, UC Berkeley
and the East Bay Regional Park District. The park district favored thinning out
the trees over time while Oakland and the university wanted to clear-cut the nonnative eucalyptus, acacia and Monterey pine. FEMA initially approved the clearcutting approach, but its official announcement advised thinning the trees over a
period of time in an approach it dubbed "unified methodology."
The Sierra Club has contended that because the "unified methodology" approach
was not only absent from the draft EIS. and did not give the public time to review
it, it does not go far enough to decrease the fire risk posed by the thick overstory
of trees and eliminates restoring select sites to native grasslands, which would
serve as animal habitat and a fire break between buildings. The Hills
Conservation Network, on the other hand, believes the agency's new plan is still
too extreme and does not provide answers to environmental concerns like carbon
dioxide emissions and herbicide use. 136
After the Oakland hills firestorm in October 1991 killed 25 people and burned
thousands of homes, preventing a similar inferno has been a hotly debated topic
ever since. Opinions on this issue are polarized, with the Hills Conservation
Network on one side and the Sierra Club on the other. The Claremont Canyon
Conservancy, made up of about 500 residents, is also in favor of complete
removal but opted not to join the lawsuit.
The two sides came together for a recent community meeting at Kehilla
Community Synagogue in Piedmont. Norman La Force, chairman of the Sierra
Club East Bay Public Lands Committee, faced off against Dan Grassetti, president
of the Hills Conservation Network.
According to La Force, removing the eucalyptus trees is the only way to
significantly reduce fire danger.
"They are extremely flammable, that's why in Australia they're called the 'gasoline
tree,'" he said at the meeting.
Because the eucalyptus produces a toxin that stifles other plant growth, removing
trees in selected areas "enables the biodiversity that existed before the planting of
these monoculture plantations of eucalyptus in the 1900s to come back," La
Force said.
The goal, La Force said, is to promote a diverse ecosystem where native plants
and animals, such as the endangered Alameda whipsnake, can thrive.
La Force, who lives in El Cerrito, advocates for removing other flammable trees
like the Monterey pine and acacia. He said that the plan would have the added
benefit of restoring biodiversity where little currently exists and would cost less
to maintain.
Grassetti does not see the eucalyptus trees as invasive outsiders.
"Does it really make sense to say that at some arbitrary point in the past is when
everything was right?" he said. The neighborhood group represented by Grassetti
wants to preserve the eucalyptus and decrease fire danger by removing the large
amount of debris shed by the trees each year.
"If the objective is to actually reduce the fire danger then we would remove all of
these other story fuels on a regular basis," he said. "That's what would really
work."
This option involves removal of debris as well as any other grasses or brush
growing around trees.
La Force countered that constant debris control would not make the hills safer,
137likely be neglected as in years past.
calling it a "perpetual project" that would
"You're going to end up with a situation in which the eucalyptus stay and remain
dangerous." he said. "The agencies don't have the money (for maintenance) ... it's
something like $150 for each house parcel for cleanup and protection of those
hills."
Hills residents have voted down proposed parcel taxes that would fund fire
mitigation.
An herbicide called Garlon would be applied by hand to eucalyptus stumps to
prevent sprouts. While the EIS. states that the substance does not "accumulate in
people or other organisms" which makes health risk "unlikely," Grassetti and
others are not convinced that enough research has been done.
While the FEMA document states that "fire behavior is complex, and it is possible
to reduce one fire behavior measure while increasing another," it does say that
"strips of eucalyptus bark are particularly likely to become firebrands," or
embers, which "can start new fires more than half a mile away," a fact the agency
attributes to the spread of the 1991 fire.
According to the report, eucalyptus and Monterey pine are prone to crowning or
spreading into the canopy and spewing burning embers from the top. Opponents
of removal argue that the potential danger from eucalyptus is overblown.
"The 1991 fire was a horrific event, but it had little to do with the trees; it was a
house-to-house fire," Grassetti said.
Oakland Fire Chief Teresa Deloach-Reed does believe the eucalyptus played a big
role in the 1991 fire.
"People have various opinions about it ... the eucalyptus themselves are very
flammable in regard to fire spreading and the intensity of the fire," she said in a
recent telephone interview. "It is a tree that has an oil base, and because of that it
burns very hot," which enables fire to spread quickly from tree to tree.
But that opinion is not standard within the fire department. Dave Maloney, a
former Oakland firefighter and former chief of fire prevention for the Oakland
Army Base, wrote a letter in 2008 opposing the plan to cut down trees, arguing
that "every living tree ... due to its moisture content and canopy coverage of
ground fuels contributes to wildfire hazard mitigation."
Both plaintiffs are awaiting the results of a federal mediation to settle the lawsuit.
If not settled, the case would head back to the courtroom in July.
138
The 2016 regional parks' Trails Challenge just
got easier
By Marta Yamamoto
For the TimesPDATED:
7 DAYS AGO
Hikers walk along the trail at Big Break Regional Shoreline in Oakley, Calif., on Thursday, Jan. 21, 2016. The
Regional Parks Foundation is holding a Trails Challenge, a self-guided hiking program through East Bay
Regional Park District, to encourage people to explore the outdoors. (Dan Rosenstrauch/Bay Area News
Group) ( DAN ROSENSTRAUCH )
The East Bay Regional Park District wants to find ways to engage people with
their parks, all 65 of them across Contra Costa and Alameda Counties. For 22
years the annual Trails Challenge has served that purpose in a simple and surefire way, but this year participating has gotten even easier.
The Challenge is a popular self-guided hiking program as evidenced by the nearly
10,000 people who joined in 2015 and Trails Challenge T-shirts worn even after
the year has passed.
The program is a win-win for the park district and participants, putting the
natural resources of 119,800 acres and 1,250 miles of trails from the shores to the
hills on display and effortlessly providing a way to join in the Healthy Parks
Healthy People movement and get fit outdoors.
"Each year we prepare a package of what we think are wonderful hikes; the best
package that we can come up with for that year and part of the packaging is to
highlight parks that people could overlook," said Dave Zuckermann, Regional
Interpretive and Recreation Services manager. "We're providing a package to
make it easily accessible to people and I think putting the challenge idea in there
brings some small incentive."
The challenge remains the same: Hike five of the Challenge trails or 26.2 miles by
Dec. 1, submit a log and receive a commemorative pin. But this year access to the
Challenge Guide is easier and registration is no longer required. Participants can
139get started.
simply download the 2016 guidebook and
The guidebook includes detailed trail descriptions for 20 hikes in 19 Regional
Parks, rated for degree of difficulty from easy to challenging. There are trails open
to hikers, bicyclists, dogs, and equestrians, and many are wheelchair-accessible.
A chart for each hike includes user groups, mileage, level of intensity, map and
detailed trail description.
The program is designed to be self-guided but participants can also join in on
naturalist-led hikes that can be used toward completing the challenge. These
include Tuesday Twilights, Wednesday Walks and Over-the-Hills Gang hikes.
Trails Challenge T-shirts and printed copies of the guidebook are free for pick-up
at select visitor centers. As are, new-this-year doggie bandanas.
"The bandanas have a generic map with a lot of dog-themed sites like doggie
canyon and good dog visitor center," Zuckermann said.
This year's Trails Challenge features eight hikes in East County parks and nearby.
Among the easy classification hikers can choose between two shoreline routes.
Big Break Regional Shoreline in Oakley has a 6.12-mile route with very little
elevation gain and a nice smooth surface good for all park users. The Big Break
Trail to Marsh Creek route takes in views along the wetlands and marshlands. In
Martinez, Carquinez Strait Regional Shoreline's hike is along the George Miller
Regional Trail, a 3.5-mile flat, smooth route with great Carquinez Strait views
and chances to see red-tail hawk and golden eagle.
Carquinez Strait Regional Park also has a moderate hike, a 3.15-mile loop with a
1,049 ft. elevation gain. Encompassing the Hulet Hornbeck and Franklin Ridge
Loop Trail, the route offers open views of Briones and Las Trampas Regional
Parks, ideal for taking in the beauty of East Bay's open spaces.
The second moderate hike takes hikers to Brentwood's Round Valley Regional
Preserve. Following the Miwok and Hardy Canyon Trails, the hike is a 4.75-mile
loop and 980-foot elevation on land once used for ranching and farming. There's
not much tree cover along these grassy hills but the scenic valleys offer wonderful
views.
East County parks feature in four of the challenging hikes. All four cover several
trails with multiple junctions so park maps are a necessity.
In Antioch at Black Diamond Mines Regional Preserve, a 7.9-mile loop includes a
2,113-foot elevation gain along eight different trails and takes hikers through
manzanita chaparral and over erosion-carved sandstone.
140
Briones Regional Park in Martinez challenges with a beautiful 10.47-mile loop,
2,133-foot elevation gain ramble along 10 trails. Ridge trails offer great views in
this large secluded oasis with high peaks.
In Livermore, Morgan Territory Regional Preserve has a 6.85-mile loop with a
1,100-foot elevation gain along nine trails with expansive views and, in spring,
more than 90 species of wildflowers.
Five trails make up an 11-mile loop, 2,527-foot elevation gain challenge in Sunol
Regional Wilderness in Sunol. The route wanders along partially shaded trail and
weaves back and forth along creeks, grassy hilltops and panoramic views.
Thanks to a partnership between the park district, the Regional Parks Foundation
and Kaiser Permanente, the Trails Challenge is a free program, done to encourage
exploration and improve health.
"It's really to get people to engage with their regional parks," Zuckermann said.
"We're already planning 2017 and looking for ways we can innovate the program
next year, trying to somehow deepen the program in a way that it will engage
with even more people."
141
Concord: Guy Bjerke initially passed over to lead
weapons station project
By Lisa P. White
lwhite@bayareanewsgroup.com
8 DAYS AGO
CONCORD -- Guy Bjerke, hired last year as Concord's director of community
reuse planning, initially did not make the cut for the high-profile job after a panel
of experts said he lacked the experience to lead the Concord Naval Weapons
Station project, records show.
But Bjerke, a politically connected former councilman, was given a second chance
to make his case. And Concord's elected leaders unanimously supported hiring
him instead of a candidate the expert panel considered more qualified.
"I was very interested that we utilized someone who was local," Councilman Tim
Grayson said. "Someone that was very, very well versed and well experienced in
the local business environment and the political environment."
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. The complex job of guiding the redevelopment requires
technical experience with environmental remediation and project management,
plus past work with the Navy and with federal and state regulatory agencies on
base reuse projects, according to the city's job description.
A monthlong national search that included advertising with the Association of
Defense Communities, the Urban Land Institute and the Northern California
Chapter of the American Planning Association, drew more than two dozen
applicants, five of whom the panel of experts interviewed. After that first round of
interviews, the experts said Bjerke lacked the "BRAC (Base Realignment and
Closure), large-scale development and environmental and resource regulatory
experience necessary to advance the project," according to a July 16 memo from
City Manager Valerie Barone to the City Council.
This newspaper received the memo describing the recruitment and hiring process
for the director's position through a public records request.
Based on the panel's input, Barone selected Deborah Olson and two others to
continue to the next step on July 17 -- a group interview with four city
department leaders and a separate interview with Barone and Michael Wright,
then executive director of the Local Reuse Authority. As executive director of the
Riverbank Local Redevelopment Authority, Olson has guided the conversion of
the 173-acre former Riverbank Army Ammunition Plant near Modesto. Of the
three finalists, Olson was the best qualified, but she did not have enough
142 a critical part of the job, Barone
experience working with community groups,
said. At that point, Barone, who knew Bjerke from his time on the City Council,
said she invited him back into the hiring process because he had strong ties to
community groups, stakeholders and decision-makers at the county, state and
federal level.
The council members interviewed Olson and Bjerke, who "knocked it out of the
park," according to Councilman Edi Birsan.
"Council unanimously supported Guy for the position and I made the decision to
hire him," Barone said.
Olson said she has developed coalitions with community groups, but the city
wanted someone who knew the current players. She said the complexities of base
reuse projects require more than local connections.
"You need someone who understands the political nature of a BRAC transfer,
how the military thinks, how state and local agencies work together," she said.
"The community pales in comparison to your relationship with the
environmental consultants and the military consultants, and quite frankly with
those in the (Office of) the Secretary of Defense," she said. "Those are the
relationships that can make or break a project."
Bjerke served six years on the Concord Planning Commission and three on the
Concord City Council. He has worked for the Western States Petroleum
Association, the Home Builders Association of Northern California and the
Concord Chamber of Commerce. He was Antioch's economic development
director for three years.
When the city announced Bjerke's hiring in September, Barone did not mention
that the experts, several of whom have 15 or more years working on base reuse
projects, did not believe Bjerke had the experience to lead the redevelopment of
the former base. Nor did she explain that he was eliminated from consideration
and she brought him back.
Bjerke said he told council members he had applied for the job, but other than
mentioning his disappointment at having been eliminated to Councilman Ron
Leone, Bjerke said he didn't reach out to council members during the hiring
process. Although he acknowledged he had not worked on a base reuse project,
Bjerke pointed to his ability to manage staff and consultants and to communicate
well with the council and stakeholders.
"I think Valerie and Michael have come to find that I have that skill set and with
the right set of consultants we are continuing to make tremendous progress on
moving the base project forward," Bjerke said.
143
It appears he got off to a rocky start. In an Aug. 4 email to Barone, Wright raised
questions about Bjerke's qualifications and the city's hiring process.
" ... He made several comments that reflect his lack of experience and foundation
and a couple that were downright condescending," Wright wrote. "He seems
oblivious to the fact that he used political pressure to influence a process. He told
me point blank that I shouldn't worry about the council ... he would take care of
them."
Wright later praised Bjerke for quickly learning the technical aspects of the job. "I
was sort of reflecting that there were a large number of people in the broad
community that were interested in having Guy selected for the job," he said.
144
With Cleanup Complete, What’s Next for
Richmond’s Point Molate?
By Sukey Lewis February 1, 2016
Part of the abandoned residential area, formerly home to Navy personnel and their families, at Point
Molate. (Dan Brekke/KQED)
If you take the last exit off westbound Interstate 580 before you hit the Richmond-San
Rafael Bridge, you’ll find yourself on a narrow, potholed road heading north along the
shoreline. About a mile down, as you round a corner, an unusual little town will come
into view.
A massive red brick building capped with castlelike turrets sits on your left and a village
of small, tidy homes, complete with a playground, hugs the hill to the right. All
abandoned. High fences topped with barbed wire circle the property and signs saying
“Keep Out.”
This is Point Molate, once known as Winehaven. A federally recognized historic district,
the red brick buildings here once housed the largest wine distribution center in the United
States, and some say the world.
This historic Winehaven building once housed the largest wine distribution center in the
United States. (Sukey Lewis/KQED)
145
“In California, when the San Francisco earthquake came in 1906, the California wine
industry was much different than it is today,” Richmond Mayor Tom Butt said. “There
were still wineries scattered all over the state, but about 80 percent of them were owned
and controlled by an organization called the California Wine Growers Association. And
this was not just a friendly bunch of people promoting wine — this was basically
a monopoly.”
After the earthquake destroyed storage and distribution centers in San Francisco, the
growers built Winehaven in Richmond. But then came Prohibition, and ultimately the
wine growers went out of business.
The Navy used the site as a fueling depot from 1942 until the base closed 20 years ago. In
2003, the Navy handed the land over to the city of Richmond.
Now, this prime real estate, right on the bay with views of Mount Tamalpais, has cleared
a major hurdle to new development. Last week marked the completion of a massive
remediation job — cleaning up toxic fuel waste left by the Navy.
“Basically, the majority of the site was underground ponds,” said Craig Murray,
development project manager for the city of Richmond, gesturing toward what’s now an
open green field. “So you’d look out and see these facilities that the Navy would dispose
of not only waste-related products into the soil, and some were later lined, but also the
materials coming from the homes were put there. So it was just this one large catchall.”
Cleaning up the 11.2-acre site cost the Navy about $11 million.
“A total of 207,000 tons of hazardous and regulated waste were excavated and removed,”
City Manager Bill Lindsay said. “That is a lot of dirt.”
Green grass is starting to grow in what was once a fuel dump site at Point Molate. (Sukey
Lewis/KQED)
While the site is now clean enough for residential use, just how to develop it remains up
for debate.
146
“The concept for the development hasn’t really been worked out yet — it’s still being
discussed,” Lindsay said. “I think there’s some great ideas out in terms of what it can
become.”
Both Richmond voters and the City Council rejected a plan to turn Winehaven and much
of Point Molate into a casino development.
Don Gosney, former community co-chair of the Point Molate Restoration Advisory
Board, said the property needs to bring in revenue for the city.
“It costs well over a million dollars a year just for bare-bones maintenance, fire control
and security,” he said. “The city cannot afford to keep paying for that. So, if you go along
with what so many in this community want, which is just parkland and open space, these
are cost items — they bring in no revenue.”
Although it looks like a builder’s dream, the site also has issues that make it less attractive
for development than high-profile former military sites elsewhere, according to Charlie
Duncan, chairman of the Point Molate Community Advisory Committee.
“The problem with Point Molate, and what makes it different from the Presidio and Fort
Baker, is that there’s no water here — there’s very little electricity,” he said. “There’s not
enough incoming utilities to serve the kind of uses that we’d hope to see.”
Winehaven’s neighbor to the north is the Richmond Rod and Gun Club, where law enforcement
personnel often do target practice. (Sukey Lewis/KQED)
Bringing in these utilities will take a lot of money. According to one report last year, it
would cost about $15 million to bring in sewer service and another $15 million for gas
and electric utilities. Potable water and telecommunications will cost even more.
The site also has a minor image problem. It’s easy to forget, but Chevron’s massive
Richmond refinery is just over the hill from Point Molate. The facility’s impact on local
communities is an ongoing concern, as illustrated by a 2012 fire and smoke plume that
sent 15,000 people to seek medical attention. Safety concerns may still trouble potential
residents or investors.
147
Finally, the site’s historic designation also limits what type of development is possible.
For now, Lindsay says the top priority is getting people back in.
“I think what we really want to do, figuratively anyway, is swing open the gates and have
people take advantage of the beauty here along San Francisco Bay,” said the city
manager.
Murray, the city development project manager, said a design firm is already working with
the East Bay Regional Park District to extend the Bay Trail into Point Molate. He said
that building the trail could begin within the next year.
148
Move Over California Poppy: This State Has
a New Symbol
Lace lichen hangs like shredded lace from the branches of trees and shrubs. It's not a parasite like
mistletoe, though only using the other plants for support. (Courtesy of Kelsey Gielen)
By Sharol Nelson-Embry, East Bay Regional Park District
January 29, 2016
On New Year’s Day, lace lichen, a stringy green organism often called “Spanish moss”
that hangs from oak trees around California, joined the grizzly bear, California poppy,
California quail and gold as an official California State symbol.
The new law, signed last July by Gov. Jerry Brown, made California the first state to
claim an official lichen. Lace lichen can be found in almost every part of the state, from
the north to south and up to 130 miles inland from the shoreline. Draping from tree
branches, which it uses for support, not sustenance, there are about 1,900 kinds of lichen,
along with the lace variety, native to California.
The California Lichen Society proposed adding a state lichen and state Assemblyman
Marc Levine, D-San Rafael, wrote AB 1528, which sailed through the Legislature
without much disagreement.
Levine said he carried the bill because it fits his interests.
“I have lifelong love of the outdoors,” he said. “I loved exploring and playing under the
tree canopies as a boy.”
149
Levine said one of his next bills will identify wildlife corridors to help protect migrating
animals.
Lace lichen is commonly found along the coast, often in the branches of coast live
oaks. (Courtesy of Kelsey Gielen)
Lichen, which is actually a complex life form that is a partnership of fungus and algae,
has long been misunderstood and overlooked, scientists say. In the mid-19th century, it
was misclassified in the moss and liverwort family. Beatrix Potter, of Peter Rabbit fame,
was an unlikely lichen champion.
She contributed to lichen and fungus research before she found literary fame. In the late
1800s she did botanical studies and research in her kitchen, wrote a scientific paper about
fungus and spore reproduction, and supported the view, unpopular with scientists of the
time, that lichen belonged in its own family. She produced many wonderful, detailed
drawings of fungus and lichen species. Since she was a woman, though, a male scientist
had to present her scientific paper and research to the Linnean Society of London.
The lowly lichen is both hardy and sensitive. It has survived the extremities of
experimental exposure in outer space. And it can be shut in a drawer in a museum for
decades, and yet live again when given sunlight and water. It is found on nearly every
surface of the Earth — from the North to the South poles and desert floors to rocky
mountain tops.
Yet some species are very sensitive to air pollution – especially sulphur dioxide, radiation
and other toxic pollutants – making them a useful, inexpensive environmental monitor.
The US Forest Service is undertaking a study of lichen communities that may even help
determine how fast the climate is changing. Citizen science projects to monitor lichen are
underway that are easy enough for elementary school students to contribute to.
The biggest advocates for the otherwise quirky bill say they had a good reason: to raise
public awareness about these unique species.
“Calling attention to lichens by recognizing one of them as the California state lichen
creates an opportunity for us to learn about and celebrate the things that make California
special,” the California Lichen Society said150
in a statement after its bill became law
Niles Canyon Trail plan seen as regional system connector
By Sam Richards
srichards@bayareanewsgroup.com
Posted: 01/26/2016 02:44:38 PM PST0 Comments | Updated: 14 days ago
SUNOL -- A 6-mile hiking and biking trail through Niles Canyon would be costly and timeconsuming to build but likely would be popular and well-used, and worth the money
and effort.
That is the essential message of a feasibility study sponsored by the East Bay Regional
Park District and several Alameda County agencies.
The trail connecting Sunol and Niles is part of the park district's 2013 master plan and
would connect with other trails in the area, including the planned Bay Area Ridge Trail
segment at Niles.
"There are some gaps ... within the Alameda County trail system, and the canyon is a
critical gap between the East Bay trails and the eastern part of (the county)," said Dawn
Argula, who oversees transportation policy for Supervisor Scott Haggerty's office.
The Niles Canyon Trail would link with a proposed Bay Area Ridge Trail segment near
Niles, said Suzanne Wilson, trails coordinator for the park district. It also would join with
the proposed Sunol Ridge Trail, just west of Pleasanton Ridge Regional Park, on Sunol's
west edge.
The trail, as laid out in the report, would share the relatively cramped canyon with busy
state Highway 84, the Union Pacific/Altamont Corridor Express rail line, the
recreational/historic Niles Canyon Railway tracks, Alameda Creek and the dormant
Sunol Aqueduct.
The trail would run adjacent to each of them, except the creek, at various points.
Part of the proposed trail could actually be on the more than 100-year-old aqueduct,
according to the report. Generations of locals have called the concrete aqueduct
structure the "Secret Sidewalk." It would have to be widened for sanctioned use.
Phase 1 would begin at Niles and continue 2 1/2 miles east to Palomares Road. Phase 2
would stretch from Palomares Road east to Brightside, where the Niles Canyon Railway
151
has its yard and train maintenance shop. Phase 3 would extend the trail from Brightside,
skirting the rail shop, to the west edge of Sunol near its rail depot.
Depending on the options chosen, a pedestrian bridge could carry the trail over the
highway, creek and both rail lines near Palomares Road or Brightside. There could be
other overcrossings or tunnels under rail tracks.
All three phases would cost between $57 million and $69 million -- not accounting for
inflation.
Funding, Argula said, hasn't been identified but could come from a variety of sources,
including the Alameda County Transportation Commission, the Metropolitan
Transportation Commission, the park district and, possibly, federal agencies.
The first construction is five to 10 years away, even after funding is lined up, Argula said.
And before that, environmental studies, including the study of a trail's effects on
Alameda Creek, need to be done.
Most of the players involved -- Alameda County, the regional park district, Caltrans,
Niles Canyon Railway, the Alameda Creek Alliance, San Francisco Public Utilities
Commission and others -- already are at the table or have offered constructive
comments, Argula said. Wilson said others, such as Union Pacific, will be approached
when plans are more firm.
And coming on board, trail planners say, is the public, who turned out in force for the
Oct. 11 Stroll and Roll event, during which Highway 84 was closed to motor vehicles and
opened for hundreds of hikers and bikers.
"We told people there that if you want this trail to happen, to put pressure on the public
boards, to tell them you want it," Wilson said. "It would be a huge effort moving
forward."
152
Portion of Lafayette-Moraga Regional Trail
closed
By Jennifer Modenessi
jmodenessi@bayareanewsgroup.com
UPDATED: 01/26/2016 12:18:30 PM PST
MORAGA -- A portion of the Lafayette-Moraga Regional Trail is closed until
crews can repair the rain-damaged walkway.
The East Bay Regional Park District closed 200 feet of the public trail between
Westchester Street and the Canyon Road bridge in Moraga on Jan. 21 after
waterlogged dirt under the trail slid and cracked the concrete surface.
A 40-foot section of the trail is affected, but parks officials closed a larger portion
"to be on the safe side," said Carolyn Jones, a park district spokeswoman.
Crews won't be able to fix the trail until El Niño-related rains subside.
"It's probably going to be at least a month or two," until crews can repair the
path, Jones said.
2005 file photograph: Lafayette/Moraga Regional Trail
in Lafayette, Calif. (Bay Area News Group)
Users can access an alternate trail to go around the area, she said.
The 7.65-mile trail begins at the Olympic Boulevard staging area in Lafayette and
ends at the Valle Vista staging area in Moraga.
District officials don't yet know the estimated cost of repairs. The fixes will
include stabilizing the soil and adjacent Moraga Creek bank, and repaving the
trail, Jones said.
153
154
Park District board to decide Chabot’s Gun Club’s fate
at March 1 meeting
January 20, 2016 3 Comments
Range at Chabot Gun Club. Look closely and you’ll see the ground is littered with bullets and casings. Photo by Richard
Bangert.
The Chabot Gun has operated since 1964 in Anthony Chabot Regional Park, a
wilderness area in the hills above Oakland and Castro Valley. The gun club’s
lease expires on March 31, 2016, and we need your help to make sure it is not
renewed.
Decades’ worth of discarded lead ammunition (still in use today) has polluted our
public land and water. Lead leaches into the soil, runs into streams, and flows
downhill to Lake Chabot, an emergency water supply also stocked with fish. The
amount of lead in these streams has been measured as high as 20 times the
E.P.A. limit for industrial facilities. In addition to the lead pollution, there has been
an increasing problem with the sound of loud gunfire reverberating for miles in
the Oakland hills, disturbing park users and wildlife.
A recent Park District report estimates the costs to of keeping the gun range
open at $2.1 million to $4.3 million ($100,000 to 200,000 for CEQA compliance,
$125,000 for noise mitigation, $500,000 to $1.5 million for facility maintenance,
and $1.3 to $2.5 million for stormwater compliance). In addition, they estimated
the cost of cleaning up the area once the gun range closes at $2.5 to $20 million
dollars. The gun club brings a net income of $40,000 per year to the District.
155
The costs of lead mitigation and clean-up mandated by the State Water Quality
Control Board should be paid by the gun club and not passed on to the
taxpayers—as happened recently at a gun club that closed last year at Lake
Merced in the hills above San Francisco.
•
•
•
•
•
•
•
•
•
•
•
WhatYouCanDo
The East Bay Regional Park District Board of Directors will decide whether to
renew the gun club’s lease at its meeting on Tuesday, March 1. To join us at that
meeting, email Norman La Force atn.laforce@comcast.net.
You can also write to the Park District board. Tell them:
NOT to renew the gun club lease;
The gun club must be held responsible for 100% of the clean-up costs for the
lead pollution it has caused;
No taxpayer dollars should go to pay for any clean-up of the site; and
If the gun club continues to operate, it must be 100% responsible for costs of
environmental compliance.
Send a message to the board member who represents your area, or better yet,
email them all!
Whitney Dotson (Ward 1: Richmond/Berkeley), wdotson@ebparks.org
John Sutter (Ward 2: Oakland/Lamorinda), jsutter@ebparks.org
Dennis Waespi (Ward 3: Castro Valley), dwaespi@ebparks.org
Doug Siden (Ward 4: Alameda), dsiden@ebparks.org
Ayn Wieskamp (Ward 5: Livermore), awieskamp@ebparks.org
Beverly Lane (Ward 6: Danville), blane@ebparks.org
Diane Burgis (Ward 7: Oakley), dburgis@ebparks.org
– Norman La Force, chair, East Bay Public Lands Committee
156
157
Two chances to block explosive oil trains — Public
hearings on Phillips 66 and Valero Benicia crude-byrail projects
January 20, 2016
47 people were killed in the 2013 crude-by-rail accident in Lac-Mégantic, Quebec.
We’re nearing decisive moments on two campaigns to stop dirty and dangerous
extreme oil from coming through our communities by rail. Look to the
“WhatYouCanDo” sections below to find out how you can help block these local
crude-by-rail projects.
Many people remember the horrific 2013 crude-by-rail accident in Lac-Mégantic,
Quebec, in which 47 people were killed when a train hauling crude from North
Dakota’s Bakken shale formation derailed and exploded. Unfortunately, LacMégantic wasn’t an anomaly. With a 40-fold increase in the amount of oil being
shipped by rail since 2008, derailments and spills have been on a steep rise.
A Columbus Dispatch analysis of U.S. Department of Transportation data found
that from 1995 to 2010, oil spilled from trains a total of 27 times; from 2011 to
July 2015, oil spilled from trains 423 times. And a Bloomberg analysis of federal
data found that 2015 was the costliest year for crude-oil-train derailments, with
$29.7 million in damages — up from $7.5 million in 2014.
158
Courtesy www.wsj.com.
According to an investigation by the Wall Street Journal, Bakken shale oil is the
most volatile and combustible oil compared to crudes from 86 other locations
worldwide. Tar sands oil, meanwhile, is diluted with highly flammable solvents for
transport. Our rail system was designed to connect population centers, not move
hazardous crude oil. Emergency responders are not prepared for these heavy,
dangerous trains and current safety standards will not protect the public.
If an oil train derails and its contents spill or explode, our lives and our natural
resources are at risk. Over five million Californians live in the blast zone of an oil
train. And the proposed rail routes for the Phillips 66 and Valero crude-by-rail
projects would bring oil trains through the San Francisco Bay-Delta watershed
and along California’s treasured central coast. Each oil train carries more than
three million gallons of toxic crude oil. A train derailment near a river, stream,
reservoir, or above a groundwater aquifer could contaminate drinking water for
millions of Californians. For the sake of the climate, the environment, and public
health and safety, we need to make sure that these extreme oils are left in the
ground.
Stop the Phillips 66 tar sands expansion
Energy giant Phillips 66 is fighting to upgrade its two-part San Francisco Refinery
so that it can join the growing list of Bay Area refineries that receive and process
highly toxic Canadian tar sands oil. If the Phillips 66 rail terminal project is
approved, millions of gallons of tar sands oil would pass over the delta, through
Bay Area communities, and south along the coast to the Santa Maria refinery.
After being partially refined there, tar sands products would be sent back north to
Contra Costa County’s Rodeo refinery through a 200-mile pipeline.
159
Even Phillips 66 admits that the project will create “significant and unavoidable”
levels of air pollution —including toxic sulfur dioxide and cancer-causing
chemicals — for families living along the rail line and near the refinery. Volatile
toxic chemicals leak out of tank cars into the air along rail routes. The problem is
compounded for refinery-fenceline communities; the nonprofit environmental
group ForestEthics reports that refineries that process tar sands spew more
sulfur dioxide pollution per barrel produced than refineries that do not use tar
sands. According to the Environmental Protection Agency, “short-term exposure
to elevated sulfur dioxide levels is associated with reduced lung function, chest
tightness, wheezing, shortness of breath, respiratory illness, deterioration of the
lung’s defense systems, and the aggravation of cardiovascular systems.”
On top of refinery emissions, the diesel locomotives emit large amounts of
exhaust and particulate matter that is very dangerous to public health, especially
the young and elderly. Each oil train emits the equivalent particulate matter of
4,500 diesel automobiles, meaning the Phillips 66 project would add the pollution
of 2 million cars per year.
By getting tar sands to market, the impacts of the Phillips 66 project would be felt
around the world. At every stage of the mining, transportation, and refining
process, Canadian tar sands are more carbon intensive than other sources of oil.
Refining one barrel of oil from tar sands produces two to three times more
climate-warming greenhouse gas emissions than refining a barrel of conventional
oil.
WhatYouCanDo
Tens of thousands of citizens, 26 cities and counties, and 16 school boards from
along the rail route have written letters urging San Luis Obispo County to reject
the project. Now we need to make sure the decision-makers in San Luis Obispo
truly hear us.
The San Luis Obispo Planning Commission will hold public hearings on February
4th and 5th to inform their decision on the project. This is our chance to show
County decision-makers that the whole state is watching and demand they stop
these oil trains from putting Californian’s health and safety at risk.
What: San Luis Obispo Planning Commission Public Hearing on Phillips 66 Oil
Train Project
When: February 4, hearing starts at 9 am
Where: San Luis Obispo County Building, 1055 Monterey St, San Luis Obispo
RSVP at stopoiltrains.nationbuilder.com/sloplanningcomrspv
There will be carpools from the Bay Area. Please contact Ratha Lai
at ratha.lai@sierraclub.org or 510-848-0800 for more information.
160
Keep explosive fracked oil off our tracks and out of Benicia
In early January, the City of Benicia released the Final Environmental Impact
Report (FEIR) for the proposed Valero Benicia crude-by-rail project. The Valero
refinery seeks to build a rail terminal that would allow it to receive two daily train
deliveries of up to 70,000 barrels of fracked Bakken crude oil. The good news is
the FEIR has identified the “No Project Alternative” as the most environmentally
sound alternative. But if we want to stop a project that would put dangerously
explosive oil trains on tracks that run through hundreds of communities, we need
lots of public input at the February 8th public hearing.
This threat to Benicia — and to the vulnerable communities and natural
resources all along the rail route — has been met by a strong opposition. Local
residents formed Benicians for a Safe and Healthy Community (BSHC) to fight
the project. The group organized a series of community forums and mobilized
residents and allies up and down the rail lines; they collected over 1,500
signatures at the weekly Benicia farmers market; and they distributed more than
500 yard signs around town.
Meanwhile, Forest Ethics, the Center for Biological Diversity, and CREDO
created online petitions, and the Sierra Club, Communities for a Better
Environment, and the Sunflower Alliance helped mobilize people to attend
hearings and comment against the project. This coalition pushed for and
achieved a full CEQA review process for the project. We also generated
thousand of comments on the Draft Environmental Impact Report and the
Revised Environmental Impact Report, and helped secure comments opposing
the project from entities as diverse as the Sacramento Area Council of
Governments, the Yolo County Board of Supervisors, the City of Davis, and
California Attorney General Kamala Harris.
BSHC steering committee member Andrés Soto says, “Benicia needs to have as
many people from the community, the region, and around the state to stand
together with us to oppose this dangerous and unnecessary project. Global
climate, regional air quality, and the safety of the local community are at stake.”
Will you help?
WhatYouCanDo
The Benicia Planning Commission Public Hearing has been set for Monday,
February 8, with a possible continuation on the 9th and 10th if necessary to
receive all comments.
What: Testify against Valero Benicia crude-by-rail project
When: Monday, February 8, 6:30 pm
Where: City Council Chambers, Benicia City Hall, 250 East L Street, Benicia
RSVP to info@safebenicia.org
161
Protecting the Richmond hills from intensive future
development — Signature gatherers needed!
January 20, 2016
Strolling in the area targeted for protection by the Richmond Hills Scenic Area Initiative. Photo by Cary Croner,
carygronerphotos.com.
he Richmond hills north of Wildcat Canyon Regional Park is an undeveloped
stretch of scenic land with panoramic views of Mount Diablo, the mountains of
the North Bay, the Napa Valley, and Sonoma County. Home to numerous
common animals (fox, bobcats, deer, coyotes, and many birds species) and
habitat for special-status plants and wildlife, the land has been threatened by
numerous development proposals over the years. The Richmond Hills Scenic
Area Initiative will protect this land from future harmful development and protect
the wildlife and plants that live there.
The initiative was conceived by a coalition of local and regional conservation
groups after fighting back development proposals one by one. It will make a
lasting change in land protection by rezoning the area to preserve scenic views,
protect wildlife habitat, and prevent residential subdivisions and other harmful
development. It will allow non-motorized recreation (hiking, horseback riding,
nature observation, study, and enjoyment), as well as small-scale agriculture and
grazing. The initiative is modeled after the successful 2004 Hercules Protect
Franklin Canyon Area Initiative that saved the land along Highway 4 above the
Franklin Canyon Golf Course.
WhatYouCanDo
162
The Richmond Hills Scenic Area Initiative applies to an undeveloped hillside area of roughly 430 acres (greyed out in map
above) surrounded by public and private lands. The area offers a mixture of dense oak forest, rolling hills, and pasture. It
includes nine streambeds and their associated riparian zones, as well as vernal pools and other wetlands.
It takes 4,200 valid signatures of Richmond registered voters to qualify the
initiative for the ballot. Signature collecting will take place on weekends from
March through May. We need your help in this all-volunteer effort.
You do not have to be a Richmond resident to collect signatures. The only
requirement is that you be at least 18 years old. We will work in pairs in two-hour
shifts in front of grocery stores and other high-foot-traffic areas of Richmond.
We’ll also be at farmers’ markets, Earth Day celebrations, and other special
events during the spring. We will not go door-to-door.
From past experience, we can tell you that this is immensely rewarding work.
People are very appreciative of our work and are very happy to sign the initiative
petitions.
If you can help protect this beautiful area by volunteering for a two-hour shift this
spring, or for more information, please contact Dick Schneider
at richs59354@aol.com or (510)926-0010.
163