April 21, 2015

Transcription

April 21, 2015

Board of Directors
Board
Meeting
Packet
April 21, 2015
Clerk of the Board
ALLEN PULIDO
(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
WHITNEY DOTSON
President - Ward 1
DOUG SIDEN
Vice President - Ward 4
The Regular Session of the APRIL 21, 2015
Board Meeting is scheduled to commence at
2:00 p.m. at the EBRPD Administration Building,
2950 Peralta Oaks Court, Oakland
BEVERLY LANE
Treasurer - Ward 6
DENNIS WAESPI
Secretary - Ward 3
DIANE BURGIS
Respectfully submitted,
Ward 7
JOHN SUTTER
Ward 2
AYN WIESKAMP
Ward 5
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
2
ROBERT E. DOYLE
General Manager
AGENDA
REGULAR MEETING OF APRIL 21, 2015
BOARD OF DIRECTORS
12:45 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:
Unrepresented Employees:
Robert E. Doyle, Dave Collins,
Jim O’Connor, Sukari Beshears
AFSCME Local 2428
Managers and Confidentials
B.
Public Employee: Gov’t Code § 54957 - Clerk of the Board
C.
Conference with Legal Counsel:
1.
2:00 p.m.
Claim of Katie Stone, et al.
OPEN SESSION (Board Room)
PLEDGE OF ALLEGIANCE
A.
APPROVAL OF AGENDA
B.
PUBLIC COMMENTS
The Board of Directors of
the East Bay Regional Park
District will hold a regular
meeting at the District’s
Administration Building, 2950
Peralta Oaks Court, Oakland,
CA, commencing at 12:45 p.m.
for Closed Session and 2:00
p.m. for Open Session on
Tuesday, April 21, 2015.
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 either the
beginning or end 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.
3
C.
BUSINESS BEFORE THE BOARD
1.
CONSENT CALENDAR
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Approval of District Check Listing for the Period of March 9, 2015 to
March 22, 2015
(Auker/Doyle)
(Resolution)
(No Cost)
Approval of the Minutes for the Board Meeting of March 17, 2015
(Pulido)
(No Cost)
Authorization to Negotiate with Various Property Owners
(Musbach/Nisbet)
(Resolution)
(No Cost)
Authorization to Enter into a Professional Services Contract with
2M Associates to Prepare a Convenience Camping Pilot Program
(Patterson/O’Connor)
(Resolution)
(Budgeted Funds)
Authorization to Enter into an Access Easement and Emergency Vehicle and
Maintenance Access Agreement with John T. Roddy and Donna M. Roddy,
Trustees of the Roddy Trust dated August 2, 2010: Deer Valley Regional Park
(Musbach/Nisbet)
(Resolution)
(No Cost)
Authorization to Amend the Consulting Contract and Encumber Additional
Funds to Expand the Scope of Consulting Services for Site Electrical and
Telecommunications Design Coordination: Coyote Hills Regional Park
(Townsend/Nisbet)
(Resolution)
(Budgeted Funds)
Approval of the Appointment of Ms. Olivia Sanwong to the Park Advisory
Committee
(Pfuehler)
(Resolution)
(No Cost)
Resolution to Support the East County Emergency Fire Response and
Prevention Assessment
(Doyle/Victor)
(Resolution)
(No Cost)
Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report
for Alameda County/Contra Costa County Regional Trails Landscaping and Lighting
Assessment District (Two-County LLD)
(Auker/Collins)
(Resolution)
(No Cost)
Approval of Resolution Initiating Proceedings and Ordering Filing of Annual Report
for East Contra Costa County Landscaping and Lighting Assessment
District (ECCC LLD)
(Auker/Collins)
2:30 pm.
4
2.
(Resolution)
(No Cost)
ACQUISITION, STEWARDSHIP & DEVELOPMENT DIVISION
a.
Alameda County Board of Supervisors to Oppose the Adoption of the Statement of
Overriding Considerations and to Support the Decommissioning and Repowering of
the Altamont Winds Inc. Project: Brushy Peak Regional Preserve
(Victor/Nisbet)
(Resolution)
(No Cost)
b.
Authorization to Amend Contract for Professional Services with Questa Engineering
Corporation; and to Appropriate and Transfer Funds and Accept a Bid from San
Rafael Rock Quarry, Inc. for Construction of Albany Beach Shoreline (Neck)
Restoration and Public Access Project Phase 1: McLaughlin Eastshore State Park
(Barton/Nisbet)
(Resolution)
(Budget Change)
c.
3:15 p.m.
3.
Lake Chabot Campus Modernization Project Update: Lake Chabot Regional Park
(Barton/Nisbet)
(No Action/Receive Update)
BOARD AND STAFF REPORTS
a.
Actions Taken by Other Jurisdictions Affecting the Park District
(Doyle)
3:30 p.m.
4.
GENERAL MANAGER’S COMMENTS
3:55 p.m.
5.
ANNOUNCEMENTS FROM CLOSED SESSION
4:00 p.m.
6.
BOARD COMMENTS
4:30 p.m.
7.
WORKSHOP TO REVIEW DISTRICT PRIORITIES FOR CAPITOL HILL MEETINGS
The Board will meet to review priority topics for discussion during meetings with
Congressional representatives on Capitol Hill scheduled from April 27 – 30, 2015.
5:00 p.m.
D.
ADJOURNMENT
5
CONSENT
CALENDAR
6
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
Tuesday, April 7, 2015
C.
1.
CONSENT CALENDAR
a.
Approval of District Check Listing for the Period of March 9, 2015
Through March 22, 2015
(Auker/Doyle)
RECOMMENDATION
It is recommended that the Board of Directors approve the Check Listing for the period of
March 9, 2015 through March 22, 2015.
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
RESOLUTION NO.: 2015 – 04 –
April 21, 2015
APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF
MARCH 9, 2015 THROUGH MARCH 22, 2015
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 March 9, 2015 through
March 22, 2015;
Moved by Director
, seconded by Director
day of April, 2015 by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
8
, and adopted this 21st
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
b.
Approval of the Minutes for the Board Meeting of March 17, 2015
(Pulido)
9
Unapproved Minutes
Board Meeting of March 17, 2015
The Board Meeting, which was held on March 17, 2015 at the EBRPD Administrative Building, 2950 Peralta
Oaks Court, Oakland CA 94605 was called to order at 12:35 p.m. by Board President Whitney Dotson.
ROLL CALL
Directors Present:
Whitney Dotson, President
Doug Siden, Vice President
Dennis Waespi, Secretary
John Sutter
Ayn Wieskamp
Diane Burgis
Directors Absent:
Beverly Lane, Treasurer
PUBLIC COMMENTS:
Pete Volin, Frank Burton, and Ed Bennett (Mr. Bennett representing the Bay Chapter of the Sierra Club)
addressed the Board to express their opposition to the continued operation of the Chabot Gun Club. They
stated that previous studies show lead leaching into Lake Chabot, and that the Board should also consider the
issue that the SF Gun Club is facing in terms of the high cost of clean-up to remove lead contamination
accumulated through years of operation. It was pointed out that the District’s applicable EIR was done in 1984
and is probably no longer applicable.
District Counsel Carol Victor assured the speakers that all discussions will take place in public meetings,
properly noticed, before any action on this item is taken up by the Board.
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 2:00 p.m. by President Dotson.
Staff Present:
A.
Dave Collins (Acting GM), Jim O’Connor, Debra Auker, Bob Nisbet,
Mark Ruppenthal, Carol Victor, Kristina Kelchner, Mimi Waluch, Mark Ragatz,
Kelly Barrington, Liz Musbach, Jeff Rasmussen, Ira Bletz, Sukari Beshears,
Matt Graul, Anne Kassebaum, Carolyn Jones,
Mona Koh, Dave Zuckermann, Sara Rieck, Erich Pfuehler, Kim fisher,
APPROVAL OF AGENDA
By motion of Director Siden, and seconded by Director Lane, the Board voted unanimously to approve the
Agenda.
Directors Present:
Directors Absent:
B.
Whitney Dotson, Beverly Lane, John Sutter, Ayn Wieskamp, Diane Burgis,
Dennis Waespi.
None.
PUBLIC COMMENTS
Mr. Ed Bennett, representing Citizens for Eastshore Parks (CESP) commented on the proposed construction of
a service yard at the Brickyard area, adding that he recently attended a presentation by District staff at the
10
Unapproved Minutes
Berkeley Parks and Waterfront Commission meeting and was pleased to see some progress has been made
with the site plan. He stated that CESP had concerns regarding the placement of a proposed service center –
what exactly is it and where it will be located. Mr. Bennett suggested that it be located south of the present
ballfield along the frontage road as it will provide better access. He added that the placement of a visitor center
is also important.
Mr. Jesse Lane suggested that the District adopt a “drone permit process” to allow members of the public to
operate drones in the parks, stating that he has sent letters on this suggestion to the Board previously. He
added that without a permit process, he is concerned that individuals may likely camouflage themselves and just
hide from District staff. Mr. Lane added that a permit process will generate income, and any film footage taken
may benefit the District as well.
Members of the Tri City Horsemen’s Association addressed the Board to offer a proposal to put a horse arena
at Pt. Pinole Regional Park. They advised that they have the funds to operate and maintain an arena, and will be
a willing partner in its management and operation. They added that they have met with John Hitchen, Park
Supervisor as well as park staff who are supportive of the idea. They said that there is no other arena available
in the west county area. In response to a question from Director Sutter, they stated that the arena would be
approximately 150 feet x 250 feet in size, and while bleachers will not be needed, an announcer’s booth will be
necessary plus parking for 20 – 25 trucks. A member of the Livestock Emergency Rescue Team also stated that
having a horse arena will allow them to have another location to evacuate livestock in an emergency.
Micheal Mejia expressed thanks on behalf of mountain bikers who are very happy with the recent trail
development in the Crocket Hills area for the bicycle community, adding that it helps him and his bicycle group
in their quest to rebuild the relationship between the District and the bicycle community.
C.
1.
CONSENT CALENDAR
By motion of Director Lane and seconded by Director Burgis, the Board voted unanimously to approve the
Consent Calendar:
Directors Present:
Directors Absent:
Dennis Waespi.
None.
a.
Approval of District Check Listing for the Period of February 2, 2015 to February 15, 2015
Resolution No. 2015 – 03 - 067
(attached)
b.
Approval of the Minutes for the Board Meetings of February 17, 2015 and March 3, 2015
c.
(attached)
d.
Authorization to Transfer 2015 Board Contingency Funds for the Placement and Maintenance
of Three Temporary Chemical Toilets at Stanford Staging Area: Mission Peak Regional Preserve
(attached)
11
Unapproved Minutes
12
e.
Authorization to Accept the Bid and Execute a Contract for Fiberized Slurry Seal and
Striping and Transfer Funds between Project Funds: Anthony Chabot Regional Park
(attached)
f.
Authorization to Purchase Six Mowers and Three Gator Utility Vehicles
(attached)
g.
Authorization to Appropriate General Fund EBMUD/JPA Restricted Funds and
Amend the 2014 and 2015 Budgets
(attached)
h.
Authorization to Establish the Classification, Unit Designation and Salary Range for Management
Analyst; Retitle Revenue and Administration Manager to Business Services Manager and Establish
the Salary Range; Retitle Interpretive Services Manager and Recreation Services Manager to
Regional Interpretive and Recreation Services Manager and Establish the Salary Range; and
Amend the 2015 Budget: Operations Division
(attached)
i.
Authorization to Upgrade 2.0 FTE Administrative Aide Positions to Administrative
Analyst I; Increase the Hours of the Following Three Part-time Positions to Full-time:
0.83 FTE Construction Inspector, 0.50 FTE Office Assistant and 0.53 FTE Secretary;
and Amend the 2015 Budget: Acquisition, Stewardship & Development Division
(attached)
j.
Authorization to Execute Contracts for Appraisal Services with Andrew C. Plaine &
Associates, Paul Rowan, ASA, and Smyers & Krauss Appraisal, LLC: Acquisition,
Stewardship & Development Division
(attached)
k.
Authorization to Enter into a Lease Agreement with the Department of the Army
Under Base Realignment and Closure (BRAC): East Bay Gateway Regional Shoreline
(attached)
l.
Authorization to Accept the Bid and Award a Contract for the Tidewater Entry
Modification to Bay Construction Company: Martin Luther King, Jr. Regional
Shoreline
(attached)
m.
Authorization to Transfer and Appropriate Coyote Hills Special Revenue Funds for
Service Yard and Utility Connections: Coyote Hills Regional Park
(attached)
n.
Authorization to Purchase Brocade Switches and Installation Service from Lilien Systems, Inc.
(attached)
o.
Authorization to Sponsor the 2015 Bay Area Open Space Council’s 25th Anniversary Event and
Conference on May 13 - 14, 2015
(attached)
Unapproved Minutes
2.
p.
Authorization to Execute a Contract with NBS to Provide Professional Administration Services
for Community Facilities District (CFD) Formation and Assessment District Engineering Services
(attached)
q.
Acceptance of the East Bay Regional Park District Investment Report for the Quarter Ending
December 31, 2014
(attached)
r.
Authorization to Establish a Liaison Committee with the City of Alameda
(attached)
LEGAL AND OPERATIONS DIVISIONS
a.
Authorization to Rename “Willow Park Public Golf Course” to
“Redwood Canyon Public Golf Course”
(attached)
By motion of Director Waespi, and seconded by Director Siden, the Board voted unanimously to approve item
C-2-a
Directors Present:
Directors Absent:
Dennis Waespi.
None.
District Counsel Carol Victor provided a brief background on this item, stating that a group composed of two
Board members and staff and others met and extensively discussed the various options for renaming the golf
course. She added that while the normal procedure for renaming District venues would be for staff to go to
the Board Executive Committee and the Park Advisory Committee before the full Board, the time constraints
presented by the agreement with the former operators called for going directly to the full Board.
3.
a.
Actions Taken by Other Jurisdictions Affecting the Park District
Acting GM Dave Collins discussed those items listed on the staff report. He also mentioned that a total of five
(5) portable toilets have been installed at Mission Peak - 3 at the Stanford Staging area and 2 at the Ohlone
College side. Director Wieskamp expressed her appreciation as these additions will greatly reduce the lines for
park users.
4.
Mona Koh, Community Relations Manager, provided a brief presentation on the 2015 Community Relations
Plan, stating that it will be used to inform and engage residents on District highlights and will include progress
on the work/projects financed via Measures CC and WW, various partnership such as with Kaiser Permanente
and the UCSF Beniof Children’s Hospital, and focus activities such as the Healthy Parks Healthy People
initiative.
13
Unapproved Minutes
5.
ANNOUNCEMENTS FROM CLOSED SESSION
District Counsel Carol Victor announced that in Closed Session, the Board, via a vote of 6-0 with Director
Lane absent, approved settlement of a condemnation proceeding entitled EBRPD v. Louie et al, in the amount of
$495,000 to acquire an approximately 6 mile segment of a recreational trail and emergency and maintenance
access as part of the Bay Area Ridge Trail.
6.
BOARD COMMITTEE REPORTS
a.
b.
7.
Executive Committee
Finance Committee
(02-12-2015)
(01-28-2015)
(Dotson)
(Lane)
BOARD COMMENTS
Director Wieskamp reported on meetings attended. Director Wieskamp
• Attended the groundbreaking of the water park in Dublin;
• Attended the District’s Supervisors Academy graduation;
• Attended meetings of the Board Executive Committee and the Alameda County Lafco;
• Attended the Elected Women’s meeting in Danville;
• Attended the Board field trip on March 16;
• Will be attending the opening of the new trail in Livermore;
• Will be interviewing a potential PAC appointee.
Director Burgis reported on meetings attended. Director Burgis
• Attended the Board Operations and Legislative committee meetings;
• Attended meetings with Save Mount Diablo and the East Contra Costa Habitat Conservancy;
• Had a tour of District parks;
• Attended the Board field trip as well as the CPRS conference in Sacramento;
• Attended the City of Antioch Chamber of Commerce Gala event;
• Met with members of the District union leadership this morning.
Director Lane reported on meetings attended. Director Lane
• Attended the Executive Committee meeting on behalf of Director Siden;
• Attended the Contra Costa County Mayors conference in Martinez;
• Attended the Elected Women’s meeting in Danville;
• Hiked Morgan Territory and Mount Diablo;
• With Brian Holt and other staff, toured the future regional park at CNWS;
• Regarding the various plans for expansion, asked staff for an update and next steps. AGM for Operations
Jim O’Connor stated that there will be discussions at the AGM level for a process, with Acting GM
Collins adding that there will be relevant discussions at the upcoming Board workshops;
• Extended her appreciation to GM Doyle and Land Acquisition Manager Liz Musbach for attending the
San Ramon Open Space Advisory Committee meeting;
• Spoke about numerous activities in looking at accesses to Las Trampas – Alamo side/Westminster
property, Povda property, Elworthy, Faria and also the western access from Moraga.
Director Siden reported on meetings attended. Director Siden
• On March 6 attended the ABAG State of the Region symposium;
• Attended the meeting on the renaming of Willow Park Public Golf Course;
• Attended the CPRS Annual Conference in Sacramento;
14
Unapproved Minutes
•
•
•
•
•
Attended the March 16 San Leandro Creek Alliance meeting as well as the Board field trip;
Will conduct his regular coffee appreciation meetings for staff at MLK, Jr. Regional Shoreline and Oyster
Bay and Crab Cove staff this week;
Will attend the Operations Committee meeting;
Will attend Councilmember Reid’s breakfast meeting this Saturday;
Will be attending the Alameda County Women’s Hall of Fame event, Bay Nature Magazine dinner event,
the Board workshop on March 23, the Alameda County CSDA annual dinner event on March 26, and
the Alameda Eggsscramble on March 28.
Director Sutter reported on meetings attended. Director Sutter
• Regarding drones, suggested that staff investigate the topic since the District will be confronted with this
issue, such as with model airplanes before;
• Attended the Supervisors Academy graduation;
• Attended the Alameda County Mayors conference in Oakland wherein Mayor Schaaf was a speaker;
• Attended the March 16 field trip;
• Attended the Measure DD advisory committee meeting on March 16 wherein there was a discussion of
the Bay Trail, and the problems in having it completed in Oakland;
• Attended a meeting of a new organization called the Oakland Parks and Recreation Foundation, which is
a merger of Friends of Oakland Parks and another group whose mission is to work on parks and its
maintenance;
• Spoke at Leadership Oakland conference called Transportation and the Environment.
Director Waespi reported on meetings attended. Director Waespi
• Invited to the Meet the Candidates Night as the EBRPD representative, wherein he gave a brief talk on
what the District is about and its goal for the coming years;
• Attended the Willow Park Naming committee meeting;
• Attended the March 16 Board field trip;
• Attended the Supervisors Academy graduation event;
• Attended the CPRS conference in Sacramento, where he attended various educational sessions.
Director Dotson reported on meetings attended. Director Dotson
• Spoke about a March 4 SFChronicle article on San Joaquin Delta and the move by legislators to
designate it as a National Heritage Area.
D.
ADJOURNMENT
The meeting was adjourned at 4:40 pm by Board President Dotson.
Respectfully submitted:
Allen Pulido
Clerk of the Board
15
Page Left Blank Intentionally
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
c.
(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
204-140-018
825 Wirthman Lane, Clayton
Kenneth J. and Debra L.
Owen
Morgan Territory Regional
Preserve
189-140-018 and 189-150-011
Skycrest Drive, Walnut
Creek
Golden Rain Foundation of
Walnut Creek, Trustee
Calaveras Ridge Trail
238-210-001 238-210-002;
238-210-003; 238-210-004;
238-210-005; 238-210-006;
238-210-007; 238-210-008;
238-210-009 and
238-220- 001
Lucas Ranch Road, Lafayette
City of Lafayette
001-011-021-1
Armstrong Road, Byron
Ricci Joseph Campos and
Michelle Ann Campos, or
their successor(s), as
Trustees of the Campos
Family Living Trust, and
David Fitzpatrick
Byron Vernal Pools
Regional Preserve
Contra Costa County
16
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.
17
RESOLUTION NO.: 2015 – 04 April 21, 2015
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 April 21, 2015; 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
204-140-018
Kenneth J. and Debra L.
Owen
Morgan Territory Regional
Preserve
189-140-018 and 189-150-011
Skycrest Drive, Walnut
Creek
238-210-001 238-210-002;
238-210-003; 238-210-004;
238-210-005; 238-210-006;
238-210-007; 238-210-008;
238-210-009 and
238-220-001
City of Lafayette
Contra Costa County
18
001-011-021-1
Ricci Joseph Campos and
Michelle Ann Campos, or
their successor(s), as
Trustees of the Campos
Family Living Trust, and
David Fitzpatrick
Byron Vernal Pools
Regional Preserve
Moved by Director
adopted this 21st day of April, 2015, by the following vote:
, and
FOR:
AGAINST:
ABSTAIN:
ABSENT:
19
AUTHORIZATION TO NEGOTIATE
Acquisition, Stewardship &
Development Division
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2015\A2N-April 21-2015.mxd
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CONTRA COSTA COUNTY
1
Park/Trail:
Owner:
APN:
Location:
Morgan Territory Regional Preserve
Kenneth J. and Debra L. Owen
204-140-018
3
Park/Trail:
Owner:
APN:
Location:
City of Lafayette
238-210-001 through -009 and 238-220-001
2
Park/Trail:
Owner:
189-140-018 and 189-150-011
Skycrest Drive, Walnut Creek
4
Park/Trail:
Owner:
Byron Vernal Pools Regional Preserve
Ricci Joseph Campos and Michelle Ann Campos, or
their successor(s), as Trustees of the Campos Family
Living Trust, and David Fitzpatrick
001-011-021-1
APN:
Location:
20
Fremont
Hw
²
County Boundary
4
EBRPD Lands
APN:
Location:
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
d.
Authorization to Enter into a Professional Services Contract with
2M Associates to Prepare a Convenience Camping Pilot Program
(Patterson/O’Connor)
RECOMMENDATION
The General Manager and the Board Operations Committee (by unanimous vote at its April 16,
2015 meeting) recommend that the Board of Directors authorize entering into a sole source
professional services contract with 2M Associates in the amount of $28,388 to prepare a
Convenience Camping Pilot Program.
REVENUE/COST
Funding for a Professional Services Contract to conduct a pilot program using the priority list for
the Updated Camping Program report was appropriated in the 2015 Budget in the Assistant
General Manager, Operation’s account 101-5010-000-6191. Cost for this contract will not exceed
$30,000.
BACKGROUND
In July 2014, 2M Associates provided recommendations for potential camping program
enhancements, including both facility and service improvements with estimated costs and revenue
potential for the recommendations. The finished product, the Camping Program Update, details
current camping trends, new or recent changes in camping technologies, facilities and services, and
camping industry best practices in the region, state and nation. The Camping Program Update will
guide the overall camping program in the future and has identified opportunities throughout the
District to expand camping facilities and services in order to fulfill the potential of camping facilities
throughout the District.
In order to assure continued improvement of camping facilities and services to meet community
needs, staff would like to enter into a sole source Professional Services Contract with 2M
Associates to prepare a pilot program for a convenience camping site in the District. Using their
extensive knowledge of the current conditions of District parks, the Camping Program Update,
and camping opportunities throughout the country, 2M Associates will create a pilot program
project and report for one camping location using the most efficient method of developing
convenience camping in the District. The report will determine revenue generation and the
21
infrastructure necessary for this type of camping, provide an estimate of capital improvement
costs, and the feasibility of long-term operations and management and maintenance of such an
operation. Results from this program should enable the District to establish an effective process
to develop convenience camping as well as assure continued improvement of camping activities
and developments.
Staff recommends acceptance of the 2M Associates proposal for the preparation of a pilot
program for a convenience camping site in the District. 2M Associates is uniquely qualified to
perform this work due to their professional expertise and their existing knowledge as creators
of the District’s Updated Camping Program.
District Counsel has reviewed the justification and has approved this as a sole source contract.
ALTERNATIVES
22
AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
2M ASSOCIATES TO PREPARE A CONVENIENCE CAMPING PILOT PROGRAM
WHEREAS, the East Bay Regional Park District desires to continue improvement of camping
facilities and services to meet community needs; and
WHEREAS, the District’s Updated Camping Program proposed several options for
Convenience Camping sites in the District; and
WHEREAS, 2M Associates is uniquely qualified to perform this work due to their
professional expertise and their existing knowledge of District parks and as creators of the
District’s Updated Camping Program; and
WHEREAS, staff requested and received funding for a pilot program in the 2015
Budget; and
WHEREAS, District Counsel has reviewed the justification and has approved this as a sole
source contract;
Regional Park District hereby authorizes a sole source Professional Services contract with 2M
Associates in an amount not to exceed $30,000 from account Assistant General Manager,
Operations 101-5010-000-6191 to prepare a pilot program for a convenience camping site in the
District; 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
21st day of April, 2015 by the following vote:
, and adopted this
FOR:
AGAINST:
ABSTAIN:
ABSENT:
23
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
e.
Authorization to Enter into an Access Easement and Emergency Vehicle
and Maintenance Access Agreement with John T. Roddy and Donna M.
Roddy, Trustees of the Roddy Trust dated August 2, 2010: Deer Valley
Regional Park
(Musbach/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize entering into an
Access Easement and Emergency Vehicle and Maintenance Access (“EVMA”) Agreement with
John T. Roddy and Donna M. Roddy, Trustees of the Roddy Trust dated August 2, 2010
(“Roddy’s”). The subject easement agreement will provide the Roddy’s with recordable access
to their golf club inholding within the District’s Roddy Ranch property, and District staff with a
valuable shortcut through the private golf club parking lot for patrol, operation and
maintenance of surrounding parkland.
REVENUE/COST
There is no direct expense other than staff time associated with the proposed Access Easement
and EVMA Agreement. Over $9,000 of previously transferred and appropriated Measure WW
acquisition funding remains available in project account Roddy Ranch/Deer Valley Acquisition
(CIP 234800WP19) and is more than sufficient to fund the staff time associated with this action.
BACKGROUND
The District’s Board of Directors authorized staff to negotiate for the purchase of Roddy Ranch
by three resolutions over 14 years, reflecting ownership changes over that period of time
(Resolution No. 2000-03-59 on March 21, 2000, Resolution No. 2013-04-058 on April 2, 2013,
and Resolution No. 2014-05-098 on May 6, 2014). By Resolution No. 2013-06-129, dated June
18, 2013, the Board authorized staff to enter into an option agreement for the purchase of
Roddy Ranch by which the District is contractually obligated to grant the subject access
easement. The Board authorized exercising the option and purchasing the property in
partnership with the East Contra Costa County Habitat Conservancy by Resolution No. 201406-162, dated June 17, 2014.
24
Tour Way off Deer Valley Road, over which the subject easement runs, provides the sole
vehicular access for the Roddy’s 230-acre inholding, The Golf Club at Roddy Ranch. The
District acquired the underlying fee title to the road as part of its July 2014 purchase of the
surrounding 1,885.2-acre Roddy Ranch property. Per the terms of the subject agreement, the
District will grant the Roddy’s a perpetual, non-exclusive 50-foot wide access and maintenance
easement over Tour Way. The Roddy’s will be responsible for the road’s maintenance and
repair, including its drainage features consisting of ditches and culverts. Any proposed
alterations or improvements to the road will require the District’s review and written approval.
Although not required by the 2013 option and purchase agreement, the Roddy’s have
generously agreed to grant the District a no-cost perpetual, non-exclusive 15 to 30-foot wide
EVMA easement through the Golf Club’s parking lot. The EVMA easement provides a shortcut
for staff between Deer Valley Road and Chadbourne Road, important access roads for
patrolling, operating and maintaining Roddy Ranch.
Roddy Ranch is a keystone acquisition for the District’s future Deer Valley Regional Park and
Black Diamond Mines to Round Valley Regional Trail, both envisioned in the 2013 Master Plan.
There are four private property inholdings within the boundaries of Roddy Ranch: (1) The Golf
Club at Roddy Ranch, consisting of about 230 acres; (2) two parcels owned by the Roddy’s
totaling 40 acres; as well as (3 and 4) two additional parcels owned by Ennes and McCauley
Investments, respectively, totaling 240 acres. Deer Valley, a major geographic feature of Roddy
Ranch, traverses the property in a northwest-southwest direction, and is flanked by prominent
ridgelines on both sides. Roddy Ranch is home to several threatened and/or endangered
species observed on the property including the California tiger salamander and California redlegged frog.
Because the Roddy Ranch property has not yet been declared dedicated parkland, conveyance
of the subject easement by the District to the Roddy’s is exempt from the requirements of
Section 5540.5 of the Public Resources Code, including a unanimous vote of the Board of
Directors and the required finding that the value of the property being acquired is equal to or
greater than the value of the property being conveyed.
This conveyance is also Categorically Exempt from environmental documentation requirements
under the California Environmental Quality Act (CEQA) pursuant to Section 15325 of the State
CEQA Guidelines that exempts the acquisition, sale, or other transfer of land in order to
preserve and restore natural conditions, and preserve lands for open space or park purposes.
ALTERNATIVES
None are recommended.
25
RESOLUTION NO.: 2015 – 04 –
April 21, 2015
AUTHORIZATION TO ENTER INTO AN ACCESS EASEMENT AND EMERGENCY VEHICLE
AND MAINTENANCE ACCESS AGREEMENT WITH JOHN T. RODDY AND DONNA M.
RODDY, TRUSTEES OF THE RODDY TRUST DATED AUGUST 2, 2010:
DEER VALLEY REGIONAL PARK
WHEREAS, by Resolution Nos. 2000-03-59, 2013-04-058 and 2014-05-098, approved
on March 21, 2000, April 2, 2013 and May 6, 2014, respectively, the Board of Directors
authorized negotiations with the Roddy Ranch owners of record at the time in furtherance of
developing the future Deer Valley Regional Park; and
WHEREAS, by Resolution No. 2013-06-129, approved on June 18, 2013, the Board
authorized staff to enter into an option agreement for the purchase of Roddy Ranch by which
the District is contractually obligated to grant an easement over Tour Way, the only vehicular
access road to the Roddy’s 230-acre The Golf Club at Roddy Ranch, for the benefit of the
inholding; and
WHEREAS, by Resolution No. 2014-06-162, approved on June 17, 2014, the Board
authorized exercising the option and purchasing the property in partnership with the East
Contra Costa County Habitat Conservancy; and
WHEREAS, staff has negotiated an easement agreement with the Roddy’s whereby the
District will grant the Roddy’s a 50-foot wide access and maintenance easement over Tour
Way for the benefit of The Golf Club at Roddy Ranch, and the Roddy’s will grant the District a
15 to 30-foot wide EVMA easement through the private golf course parking lot to facilitate Park
staff’s patrol, operation and maintenance of Roddy Ranch; and
WHEREAS, the proposed easement conveyance is exempt from the requirements of
Section 5540.5 of the Public Resources Code as the affected District land has not been
designated as dedicated public open space; and
WHEREAS, under the California Environmental Quality Act (“CEQA”) and the District’s
Environmental Review Manual, this action by the Board of Directors is Categorically Exempt
and therefore not subject to preparation and processing of environmental documentation;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes staff to enter into the Access Easement and
Emergency Vehicle and Maintenance Access Agreement; to grant a 50-foot wide non-exclusive
access and maintenance easement over Tour Way, The Golf Club at Roddy Ranch’s access
road; and to accept a 15 to 30-foot wide EVMA easement through the Golf Club’s parking lot
to facilitate Park staff’s patrol, operation and maintenance of Roddy Ranch; and
26
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
adopted this 21st day of April, 2015 by the following vote:
and
FOR:
AGAINST:
ABSTAIN:
ABSENT:
27
Regional Park District
Acquisition, Stewardship &
Development Division
March 10, 2015
t:/bstone/mxd projects/land acq/
de_Roddy Ranch Esmts 03-2015.mxd
DEER VALLEY REGIONAL PARK
EBRPD; formerly Roddy Ranch, aka Roddy Owner LLC
Access and Maintenance Easement
(EBRPD to Roddy)
Parking Lot EVMA Easement
(Roddy to EBRPD)
0
250
EBRPD
(Roddy Ranch)
Golf Course
EV
E
500
M
A
Esm
Ac
t
Feet
1,500
1,000
ent
ay
W
r
Tou
Smith Trust
ce s
Parking
Lot
s a n d M ai n t
e
na
e
nc
m
ase
´
Potter Trust
Deer Valley Rd
East Bay
Balfour
EBRPD
(Roddy Ranch)
Vicinity Map
Black
Diamond
Deer
Valley
Clayton
Ranch
Deer
Valley
Marsh Creek
State Park
Sources: USGS, ESRI, TANA, AND,
Copyright:© 2009 ESRI
28
Chadbourne Rd
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
QUARRY
as to the accuracy
of said property lines (or any other lines),
and no liability
is assumed by reason of reliance thereon.
LAKES
Use of this map for other than its intended purpose requires
the written consent of EBRPD.
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
f.
Authorization to Amend the Consulting Contract and Encumber
Additional Funds to Expand the Scope of Consulting Services for Site
Electrical and Telecommunications Design Coordination: Coyote Hills
Regional Park
(Townsend/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors authorize the amendment of an
existing contract for services for electrical engineering consulting from CES Engineering, Inc.,
Grass Valley, California for services to support development of the Dumbarton Quarry
Regional Recreation Area at Coyote Hills Regional Park in a total amount not to exceed
$50,000.
REVENUE/COST
EXISTING SOURCE OF FUNDS
Current Approved Capital Project Budget – Dumbarton Quarry
Project No. 149300
$ 620,000
Encumbrances and Expenditures to Date
141,236
Funds Available
$ 478,764
PROPOSED USE OF FUNDS
Amended Electrical Consulting Services Contract
with CES Engineering, Inc., Grass Valley, CA
Balance Remaining
40,800
$ 437,964
This project is currently funded with $620,000 from tipping fee revenue.
BACKGROUND
The District is working with Dumbarton Quarry Associates (DQA) to develop a Regional
Recreation Area and associated facilities at the former Dumbarton Quarry site adjacent to
Coyote Hills Regional Park. While the agreement with DQA calls for the delivery to the
29
District of a “turnkey” facility, significant consulting assistance is required by the District to
ensure the completed facility will meet both the District’s and the public’s needs.
Staff initially accepted a proposal from electrical engineering firm CES Engineering, Inc., Grass
Valley, CA, in the amount of $9,200, for the development of site lighting plans, to be
incorporated into plans that DQA was preparing for City permit submittal. The original scope
of work included meeting with staff to determine site lighting and control needs, making
recommendations for lighting fixture options, that follow District standards and meet current
California Energy Compliance, then developing photometric plans for staff review and City
submittal.
The ongoing coordination of the project design with DQA has revealed several technical
electrical decisions that need to be carefully considered to ensure that the final campground
design is functional and meets the short and long term goals of the District. Therefore, staff is
proposing amendment of the current scope of work to include reviewing all of the site
electrical design and installation. While this was not envisioned for the first contract, this
company now has the full background on the project and therefore going out to RFP at this
time would extend the time to complete the task and could delay completion of the project.
This amendment to the CES Engineering, Inc. consultant contract, for an amount not to exceed
an additional $40,800, will expand the scope of services to include development of plans and
specifications in coordination with the District’s telecommunications consultant and with
(DQA) consultants, working on both joint utility trench design and electrical distribution
network. This work is necessary to ensure sufficient electrical service for the park that meets
the District’s operational and maintenance needs, and minimizes operating costs, for both the
current and future park development.
Staff proposes that funds be set aside for electrical consultant services from CES, with a total
contract amount not to exceed $50,000. These funds should cover any and all required
electrical design and plan revisions requested by the City and or PG&E during the iterative plan
review and approval process.
ALTERNATIVES
30
AUTHORIZATION TO AMEND THE CONSULTING CONTRACT AND
ENCUMBER ADDITIONAL FUNDS TO
EXPAND THE SCOPE OF CONSULTING SERVICES FOR
SITE ELECTRICAL AND TELECOMMUNICATIONS DESIGN COORDINATION:
COYOTE HILLS REGIONAL PARK
WHEREAS, this amendment to the CES Engineering, Inc. consultant contract would
expand the scope of services to include the development of plans and specifications in
coordination with EBRPD telecommunications consultant and with (DQA) consultants, working
on both joint trench design and electrical distribution, including plan review and additional
consultant meetings with staff; and
WHEREAS, Project No. 149300 (Dumbarton Quarry Transition) has existing,
appropriated funds that can be encumbered for this amended scope of work;
Regional Park District hereby authorizes an amendment to contract and encumbrance of
additional funds of $40,800 for electrical engineering consulting services from CES Engineering,
Inc., for a total amount not to exceed $50,000 from Project Account No. 149300 (Dumbarton
Quarry Transition); and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
Moved by Director
st
adopted this 21 day of April, 2015, by the following vote:
, and
FOR:
AGAINST:
ABSENT:
ABSTAIN:
31
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
g.
Approval of the Appointment of Olivia Sanwong to the Park Advisory
Committee
(Pfuehler)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve the appointment of
Ms. Olivia Sanwong, a nominee of Director Ayn Wieskamp, to the Park Advisory Committee.
REVENUE/COST
There is no cost associated with this action.
BACKGROUND
Ms. Olivia Sanwong is a resident of Pleasanton and is employed at Thermo Fisher Scientific. She
holds an MBA from The Simmons School of Management in Boston, MA and a B.S. in Applied
Mathematics from University of California, Los Angeles. She is currently on the Pleasanton
Economic Vitality Committee and is a member of Congressman Swalwell’s Women’s Advisory
Committee.
Ms. Sanwong’s primary interest is to promote and recommend policies that preserve natural
resources and wildlife habitats as a means to protect biodiversity, air quality, and public health.
Board approval would also authorize Olivia Sanwong to serve her first two-year term. The term
will expire in December 31, 2016.
ALTERNATIVE
32
APPROVAL OF THE APPOINTMENT OF OLIVIA SANWONG
TO THE PARK ADVISORY COMMITTEE
WHEREAS, Olivia Sanwong, has been nominated to the Park Advisory Committee by
Director Ayn Wieskamp; and
WHEREAS, Ms. Sanwong is a resident of Pleasanton and actively employed at Thermo Fisher
Scientific; and
WHEREAS, Ms. Sanwong is on the Pleasanton Economic Vitality Committee and is a
member of Congressman Swalwell’s Women’s Advisory Committee,
NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional
Park District hereby appoints Olivia Sanwong to the Park Advisory Committee for their first twoyear terms which commence January 1, 2015 and expire on December 31, 2016; and
BE IT FURTHER RESOLVED, that the General Manager is hereby 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
21rst day of April, 2015 by the following vote:
, and adopted this
FOR:
AGAINST:
ABSTAIN:
ABSENT:
33
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
h.
Resolution to Support the East County Emergency Fire Response and
Prevention Assessment
(Doyle/Victor)
RECOMMENDATION
The General Manager recommends that the Board of Directors support the East County
Emergency Fire Response and Prevention Assessment levied by the East Contra Costa Fire
Protection District (“ECCFD”).
REVENUE/COST
The cost of the assessment is approximately $2,545.78 per year. The assessment is for a period
of five years with no annual increase. There is no specific funding to pay for this assessment in
the 2015 Budget; it is therefore recommended that it be paid from the Chief of Operations
General Fund, Services budget. Operations may seek a base budget adjustment for the 2016
budget, to cover the cost into the future.
BACKGROUND
The East Contra Costa Fire Protection District (“ECCFPD”) is proposing to levy a fire
suppression assessment on properties within the district’s boundaries. The assessment
revenues will enable ECCFPD to support fire suppression and fire prevention services and
response times for fire emergency calls, and avoid additional permanent fire station closures
and firefighter layoffs. The assessment will generate revenue for ECCFPD to operate five fire
stations with 48 operational personnel and two administrative personnel, along with funding Cal
Fire staff at the Sunshine Station beyond the state-supported fire season.
The assessment is based upon the proportionate special benefit received over and above the
general benefit conferred upon the public at large. Only parcels that receive direct special
benefit are assessed, and each parcel is assessed in proportion to the estimated benefit
received. As currently proposed, the annual fee is approximately $2,545.78, with 25 Park
District-parcels identified and subject to assessment. The assessment covers Round Valley
Regional Park, Big Break Regional Shoreline, and Black Diamond Mines Regional Park. If
approved, the assessment will be levied in the 2015/2016 tax year.
1
34
The ballots are due before 10:00 a.m. on April 27, 2015. This item was brought to the Board
Legislative Committee for consideration on April 17, 2015. Staff will verbally advise the Board
of the Committee’s vote on this item.
ALTERNATIVES
The East Bay Regional Park District could chose to cast a “No” vote; however, this is not
recommended because the District relies on ECCFPD to respond to fire and related
emergencies at our properties in East Contra Costa County.
2
35
RESOLUTION NO.: 2015-04April 21, 2015
RESOLUTION TO SUPPORT THE EAST COUNTY EMERGENCY FIRE RESPONSE AND
PREVENTION ASSESSMENT
WHEREAS, the East Contra Costa Fire Protection District (‘ECCFD”) is proposing to
levy a fire suppression assessment on properties within the District’s boundaries; and
WHEREAS, the Park District relies on ECCFD to respond to fire and related
emergencies at our property in East Contra Costa County including Round Valley Regional
Park, Big Break Regional Shoreline, and Black Diamond Mines Regional Park; and
WHEREAS, if the fee is approved, the revenues will enable ECCFD to support fire
suppression and prevention services and response times for fire emergency calls, and avoid
additional permanent fire station closures and firefighter layoffs; and
WHEREAS, as currently proposed, the annual fee is approximately $2,545.78 for a
period of five years, with 25 Park District-owed total parcels identified and subject to
assessments; and
WHEREAS, the District has received ballots which requests a response of either “YES”
or “NO”; and
Regional Park District hereby determine that ballots representing District-owned properties
shall be cast with a vote of “YES” and authorizes that the expense will be recorded in the Chief
of Operations General Fund services budget 101-5110-000-6931 (taxes and assessments); and
directed, on behalf of the District and its name, to execute and deliver such documents and to
do such acts as may be deemed necessary or appropriate to accomplish the intention of this
resolution.
Moved by Director
adopted this 21ST day of April, 2015, by the following vote:
FOR:
AGAINST:
ABSTAIN:
ABSENT:
3
36
, and
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
l.
Approval of Resolution Initiating Proceedings and Ordering Filing of
Annual Report for Alameda County/Contra Costa County Regional Trails
Landscaping and Lighting Assessment District (Two-County LLD)
______________________________________(Auker/Collins)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve the attached
Resolution:
 Initiating proceedings for the 2015/2016 fiscal year operation of the Alameda/Contra
Costa County Regional Trails Landscaping and Lighting District (Two-County LLD),
including the related Zones of Benefit (ZB):
 ZB-1 (Five Canyons),
 ZB-2 (Dublin Hills),
 ZB-3 (Walpert Ridge),
 ZB-4 (San Ramon Hills),
 ZB-5 (Stone Valley), and
 ZB-6 (Gateway Valley/Sibley Volcanic);

Appointing NBS as Engineer of Work for the Two-County LLD; and

Instructing NBS to prepare an Engineer’s Report for the operation of Two County LLD
for fiscal year 2015/2016.
REVENUE/COST
The costs of operating the Two County LLD are paid from assessment revenues. Since the
inception of Two County LLD, costs associated with regional trail maintenance and support has
exceeded assessment revenues collected. In 2015, total appropriations budgeted in the Two
County LLD Fund are $4,059,320, with budgeted revenues of $3,968,000.
The total 2015 appropriations for the District’s six zones of benefit is $132,310.
assessment revenue budget is $125,400 and $1,500 from interest earnings.
Total
37
BACKGROUND
The District’s regional trail system enjoys widespread citizen appreciation and support
throughout its Two County jurisdiction. Various funding sources are available for the
acquisition of regional trails. However, regional trail maintenance and operations are funded
solely through property assessments and the General Fund.
In 1993 the Alameda County/Contra Costa County Landscaping and Lighting District (Two
County LLD) was formed by the Board of Directors. It was determined that the formation of a
special assessment district provided an equitable funding source to finance the cost of the
regional trails within the LLD by the property owners within the LLD.
The assessment rate of $5.44 per equivalent dwelling unit was authorized and has remained
unchanged over the years. In 1995 Multi-unit parcels were added to the assessment at $2.72
per unit. Last year there were 354,440.5 Alameda County plus 294,954.5 Contra Costa
County parcels. Additionally, there are 196,803 assessable multi-family residential parcels in
Alameda County and 74,396 in Contra Costa County.
Subsequent to the formation of, and within the boundaries of Two County LLD, Zones of
Benefit were developed to address specific trail maintenance priorities for certain development
projects, including the following:






Five Canyons Zone of Benefit (ZB-1), in Castro Valley, was established in 1994
and currently includes 1,089 assessable units, which were assessed $40.67* each.
Dublin Hills Zone of Benefit (ZB-2), in the City of Dublin, was established in 1996
and currently includes 484 assessable units, which were assessed $29.43* each.
Walpert Ridge Zone of Benefit (ZB-3), in the City of Hayward, was established in
1998 and currently includes 376 assessable units, which were assessed $131.23*
each.
San Ramon Hills Zone of Benefit (ZB-4), in the City of San Ramon, was established
in 1999 and currently includes 140 units, which are assessed $36.79* each.
Stone Valley Zone of Benefit (ZB-5), near Las Trampas Regional Wilderness Area,
was established in 2006 and currently includes 39 assessable units, which are
assessed $153.09* each.
Gateway Valley/Sibley Volcanic Regional Preserve Zone of Benefit (ZB-6), near the
City of Orinda, was established in 2007 and currently includes 72 assessable units,
which are assessed $91.07* each.
*2014/15 assessment rates
In 1996, in accordance with the provisions of Proposition 218, the continuation of the
assessment rate and services provided by Two County LLD was approved (78.5% in favor) by
the voters of Alameda and Contra Costa Counties. Continuation of this assessment requires
the Board of Directors annually to initiate a statutory process to sustain the Two County LLD
operation and the Zones of Benefit for the next fiscal year (7/1/2015 - 6/30/2016). The District
has a contract with the engineering firm NBS to prepare the Engineer’s Report and to provide
38
administration services (Resolution No. 2011-2-035). Accordingly, the Board of Directors is
currently requested to:
1.
Approve the attached Resolution which initiates the Two County LLD process for fiscal
year 2015/2016;
2.
Appoint NBS as Engineer of Work;
3.
Instruct NBS to prepare an Engineer's Report for FY 2015/2016 (7/1/2015 - 6/30/2016).
ALTERNATIVES
39
RESOLUTION NO. 2015 – 4 April 21, 2015
APPROVAL OF RESOLUTION INITIATING PROCEEDINGS AND ORDERING
FILING OF ANNUAL REPORT FOR ALAMEDA COUNTY/CONTRA COSTA
COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
WHEREAS, the East Bay Regional Park District (District) Board of Directors formed the
Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment
District (Two County LLD) on June 1, 1993; and
WHEREAS, the Two County LLD will complete its fiscal year of operation on June 30,
2015; and
WHEREAS, the requirement for the operation and maintenance of the District’s
regional trails system within the Two County boundaries continues to exist for the 2015/2016
fiscal year (July 1, 2015 through June 30, 2016); and
WHEREAS, the District, in operating the Two County LLD, has taken effective action to
implement the work program as defined in the 2015/2016 fiscal year Engineer's Report;
Regional Park District hereby:
1.
Designates NBS as the Engineer of Work for the Alameda County/Contra Costa
County Regional Trails Landscaping and Lighting Assessment;
2.
Directs NBS to file an annual Engineer's Report in accordance with the
provisions of the Landscaping and Lighting Act of 1972;
3.
Adopts this resolution pursuant to Section 22622 of the Streets & Highways
Code of the State of California.
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 this resolution.
Moved by Director
FOR:
AGAINST:
ABSTAIN:
ABSENT:
40
and
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
1.
CONSENT CALENDAR
j.
Approval of Resolution Initiating Proceedings and Ordering Filing of
Annual Report for East Contra Costa County Landscaping and Lighting
Assessment District (ECCC LLD)
(Auker/Collins)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve the attached
Resolution:



Initiating proceedings for the 2015/2016 fiscal year operation of the East Contra
Costa County Landscaping and Lighting Assessment District (ECCC LLD);
Appointing NBS as Engineer of Work for the Two-County LLD; and
Instructing NBS to prepare an Engineer’s Report for the operation of ECCC LLD
for fiscal year 2015/2016.
REVENUE/COST
All costs of operating the ECCC LLD are paid from assessment and interest revenues. In 2015,
total appropriations for operations and maintenance in the ECCC LLD Fund are $586,880.
Budgeted revenue is $670,300.
BACKGROUND
When the East Contra Costa County area was annexed to the Park District in 1981, the
annexation occurred without corresponding redistribution of tax revenues to the Park District.
The East Contra Costa County Landscaping and Lighting Assessment District was formed on
December 17, 1991 to address this issue and provide funding for operation and maintenance of
regional parks, open space and trail operation in East Contra Costa County.
The assessment rate of $19.70 per equivalent dwelling unit (and lower rates for multiple living
units) was authorized and has remained unchanged over the years. Last year there were 36,972
total units (single family, two or more residential units, multiple living units, living units in hotels
and mobile home parks) subject to the assessment.
41
In 1996, in accordance with the provisions of Proposition 218, the continuation of the
assessment rate and services provided by ECCC LLD was approved (67.8% in favor) by the
voters of East Contra Costa County. Continuation of this assessment requires the Board of
Directors annually to initiate a statutory process to sustain the ECCC LLD operation for the
next fiscal year (7/1/2014 - 6/30/2015). The District has a contract with the engineering firm
NBS to prepare the Engineer’s Report and to provide administration services (Resolution No.
2011-2-035). Accordingly, the Board of Directors is currently requested to:
1.
Approve the attached Resolution which initiates the ECCC LLD process for fiscal year
2015/2016;
2.
Appoint NBS as Engineer of Work;
3.
Instruct NBS to prepare an Engineer's Report for FY 2015/2016 (7/1/2015 - 6/30/2016).
ALTERNATIVES
42
RESOLUTION NO. 2015-4
April 21, 2015
APPROVAL OF RESOLUTION INITIATING PROCEEDINGS AND ORDERING
FILING OF ANNUAL REPORT FOR EAST CONTRA COSTA COUNTY
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
WHEREAS, the East Bay Regional Park District (District) Board of Directors formed the
East Contra Costa County Landscaping and Lighting Assessment District (ECCC LLD) on
December 17, 1991: and
WHEREAS, the ECCC LLD will complete its fiscal year of operation on June 30, 2015;
and
WHEREAS, the requirement for the operation and maintenance of the District’s
regional trails system within the ECCC LLD boundaries continues to exist for the 2015/2016
fiscal year (July 1, 2015 through June 30, 2016); and
WHEREAS, the District, in operating the ECCC LLD, has taken effective action to
implement the work program as defined in the 2015/2016 fiscal year Engineer's Report;
Regional Park District hereby:
1.
Designates NBS as the Engineer of Work for the East Contra Costa County
Landscaping and Lighting Assessment District;
2.
Directs NBS to file an annual Engineer's Report in accordance with the
provisions of the Landscaping and Lighting Act of 1972;
3.
Adopts this resolution pursuant to Section 22622 of the Streets & Highways
Code of the State of California.
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 this resolution.
Moved by Director
FOR:
AGAINST:
ABSTAIN:
ABSENT:
, and
43
ACQUISITION,
STEWARDSHIP &
DEVELOPMENT
44
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
2.
a.
Resolution Urging the Alameda County Board of Supervisors to
Reconsider and Deny the Appeal of Altamont Winds Inc. (“AWI”)
for the Extension of the Conditional Use Permits through 2018,
and also Urging the Board of Supervisors to Deny Adoption of a
Statement of Overriding Considerations and to Support the
Decommissioning and Repowering of the AWI Project as Required
by Existing Permits: Brushy Peak Regional Preserve
(Victor/Nisbet)
RECOMMENDATION
The General Manager recommends that the Board of Directors approve a resolution urging the
Alameda County Board of Supervisors to 1) reconsider and deny the appeal of AWI for
extension of AWI’s conditional use permits, 2) deny adoption of a Statement of Overriding
Considerations, and 3) support the decommissioning and repowering of the AWI’s project as
required by its existing permits.
REVENUE/COST
The adoption of a resolution will not result in any additional costs to the Park District.
BACKGROUND
This matter arises from a permit application by AWI for continued operation of 828 older
generation wind turbines near Brushy Peak Regional Preserve through 2018. Without the
extension, the permits would expire on October 31, 2015, and all of the wind turbines would
be decommissioned.
The East Alameda County Board of Zoning Adjustment (“EBZA”) voted to reject AWI’s
requested extension, but AWI appealed and on March 24, 2015, the Alameda County Board of
Supervisors voted, 3-2, to overturn the EBZA decision thereby allowing AWI to continue
operations for an additional three years. The Alameda County Board of Supervisors’ action to
approve the project is not final and may be reconsidered because the Board has not adopted a
Statement of Overriding Considerations as required by CEQA. Staff recommends that the Park
1
45
District Board of Directors adopt a resolution urging the Alameda County Board of
Supervisors to reconsider the appeal, deny the project, and deny adoption of a Statement of
Overriding Considerations for AWI’s permit extension project.
The Park District has had a long-term interest in the Altamont Pass Wind Resource Area
(“APWRA”) and its impacts on the visual and natural resources of eastern Alameda County.
The Park District has invested nearly $10 million in acquiring and developing Brushy Peak
Regional Preserve and its surrounding area, which includes receipt of significant grant funds
from the Altamont Landfill Open Space Fund. Brushy Peak Regional Preserve is a significant
wildlife corridor, supports protected special status species, is a popular recreational amenity,
and provides important visual and open space resources. Brushy Peak Regional Preserve is also
archeologically significant. It is part of a regional complex of cultural resources and is
recognized as a sacred site for Native American communities.
The Park District’s land acquisitions in the APWRA were made, in part, to protect habitat and
with the goal of ensuring that wind turbines are decommissioned or repowered as appropriate
to protect the long-term health and viability of avian species in the region. No older generation
wind turbines are currently operating on any Park District lands. In fact, the Park District has
been at the forefront of on-going scientific studies of avian mortality related to wind turbines
and has received funding from and worked closely with the California Energy Commission,
California Attorney General, Golden Gate Audubon, and major wind energy companies in the
responsible siting of wind turbines.
In 2005, the Alameda County Board of Supervisors demonstrated leadership in responsible
wind energy development by adopting a Resolution imposing conditions on wind operators in
the APWRA that required phased decommissioning of older model wind turbines. AWI
declined to participate in the 2005 APWRA plan and instead has twice requested extension of
its permits to continue operating older generation wind turbines. AWI’s permits were already
extended once, in 2013, and the current extension request comes at a time when other wind
companies in the APWRA are already repowering with new wind turbines that result in fewer
avian fatalities and higher energy output.
The Environmental Impact Report prepared for the previous permit extensions (“2013 EIR”)
evaluated four alternatives, including Alternative #3 that would have approved extension of the
permits with no phased decommissioning through 2018. This alternative was rejected by
Alameda County due to the additional number of avian fatalities, including four focal raptor
species associated with the three additional years of operation. AWI’s current request is
essentially the same project as the 2013 EIR Alternative #3, which was previously evaluated and
rejected as infeasible. The environmental analysis prepared for the current extension request
does not present any new or different information to support an opposite finding by Alameda
County now.
The APWRA Scientific Review Committee (“SRC”) reviewed AWI’s current permit extension
request prior to consideration by the EBZA. The SRC is a five member panel of wildlife
biologists and experts appointed by wind farm permittees, the environmental community,
Alameda County Planning Department, State of California, and U.S. Fish and Wildlife Service.
2
46
The purpose of the SRC is to provide independent review and expertise on research and study
related to wind energy production and avian mortality. The SRC concluded that the project
would result in a substantial increase in avian mortality, that the proposed mitigation was uncertain,
and that the projected impact of the project was underestimated in the Supplemental Environmental
Impact Report (“2015 SEIR”). Additionally, the SRC determined that the proposed application
was inconsistent with efforts to reduce avian mortality in the APWRA and recommended that
the project not be approved.
On February 2, 2015, the EBZA voted to certify the 2015 SEIR for AWI’s proposed project,
but denied the request to extend the Conditional Use Permit. The EBZA found that no
substantial evidence was presented to show that no repowering project or other wind power
project will move forward should the extension application be denied, nor had substantial
evidence been provided that there would be a loss of jobs as a result of disapproval of the
application sufficient to outweigh the unavoidable adverse environmental risks of the project.
Following the EBZA’s decision, the U.S. Fish and Wildlife Service submitted comments urging
Alameda County to not extend the permits beyond 2015 based on their assessment that the
project would result in non-permitted, on-going take of golden eagles, and that the level of
estimated take will have a negative effect on the local-area population of golden eagles. The
U.S. Fish and Wildlife Service also commented on AWI’s lack of cooperation, noting that
despite AWI’s stated commitments to do so, AWI has never submitted either an Eagle
Conservation Plan or an application for an Eagle Take Permit. The California Attorney
General’s Office also commented in opposition to AWI’s appeal and recommended denial of
any extension of AWI’s permits that would allow continued operation of the existing wind
turbines. The appeal by AWI was also opposed by the Audubon Society and Sierra Club based
on avian impacts and concerns with the adequacy of the environmental review undertaken for
the extensions.
The Park District has previously commented that the environmental analysis prepared for the
permit extension seriously underestimates bird fatality rates that will result from the project by
double counting for the winter shutdown, and fails to incorporate the best science as presented
in the most recent and comprehensive Avian Monitoring Report for the years 2005-2012 (ICF
International 2014). The current science shows that the mortality rate for golden eagles in the
APWRA is unsustainable and thus represents a population sink for this species in the twocounty area.
In addition, the Park District commented that the 2015 SEIR fails to evaluate visual impacts on
protected ridgelines and publically accessible parklands, including Brushy Peak Regional
Preserve. The Alameda County General Plan’s East County Area Plan states that the County
shall preserve major visually sensitive ridgelines including those surrounding Brushy Peak
Regional Preserve. The existing old generation turbines require several times more individual
wind turbines to generate the same electricity as new wind turbines. Thus, the extension of
the permits and further delay of decommissioning will result in the extension of the current
visual intrusion and visual impacts on the protected ridgelines as shown in Exhibit A.
Permitting AWI to continue to operate old wind turbines ignores the science developed by
3
47
Alameda County, the Park District, and others within the APWRA, and will result in ongoing
visual impacts, increased avian mortality, and would be contrary to the spirit of the broadly
supported APWRA plan for environmentally responsible wind energy development.
Staff recommends the Park District Board of Directors adopt the attached resolution urging the
Alameda County Board of Supervisors to reconsider the appeal, deny AWI’s project, and reject
the Statement of Overriding Considerations.
ALTERNATIVES
None are recommended.
ATTACHMENT
Exhibit A: Map
4
48
RESOLUTION NO. 2015-04April 21, 2015
RESOLUTION URGING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO
RECONSIDER AND DENY THE APPEAL OF ALTAMONT WINDS INC. (“AWI”) FOR THE
EXTENSION OF THE CONDITIONAL USE PERMITS THROUGH 2018, AND ALSO
URGING THE BOARD OF SUPERVISORS TO DENY ADOPTION OF A STATEMENT OF
OVERRIDING CONSIDERATIONS AND TO SUPPORT THE DECOMMISSIONING AND
REPOWERING OF THE AWI PROJECT AS REQUIRED BY EXISTING PERMITS:
BRUSHY PEAK REGIONAL PRESERVE
WHEREAS, the East Bay Regional Park District (“Park District”) operates a network of
large open space parks that preserve open space, protect wildlife corridors, and offer outdoor
recreation to millions of Alameda County and Contra Costa County residents; and
WHEREAS, AWI operates 828 older-generation wind turbines on an approximately
14,000 acre portion of the Altamont Pass Wind Resource Area (“APWRA”) adjacent to the
Park District’s Brushy Peak Regional Preserve in eastern Alameda County (Map attached as
Exhibit A); and
WHEREAS, the Park District has invested nearly $10 million in acquiring and developing
Brushy Peak Regional Preserve and its surrounding area, which includes receipt of significant
grant funds from the Altamont Landfill Open Space Fund; and
WHEREAS, Brushy Peak Regional Preserve provides important visual and open space
resources, is a significant wildlife corridor, supports protected special status species, and is a
popular recreational amenity; and
WHEREAS, Brushy Peak Regional Preserve is also archeologically significant. It is part of
a regional complex of cultural resources and is recognized as a sacred site for Native
Americans; and
WHEREAS, the Alameda County General Plan states that the County shall preserve
major visually sensitive ridgelines, including those surrounding Brushy Peak Regional Preserve;
and
WHEREAS, the Park District is at the forefront of on-going scientific studies of avian
mortality related to wind turbines and has received funding from and worked closely with the
California Energy Commission, California Attorney General, Golden Gate Audubon, and major
wind energy companies in the responsible siting of wind turbines; and
WHEREAS, the Park District supports decommissioning and repowering when done in
an environmentally sensitive manner in which wind turbines are sited to minimize impacts to
1
49
avian species and visual impacts to natural areas; and
WHEREAS, no legacy or older model wind turbines currently operate on any Park
District lands; and
WHEREAS, in 2005, the Alameda County Board of Supervisors demonstrated
leadership in responsible wind energy development by adopting a Resolution imposing
conditions on wind operators in the APWRA that required phased decommissioning of older
model wind turbines; and
WHEREAS, in 2013, AWI requested modification to the phased decommissioning and
the East Alameda County Board of Zoning Adjustment (“EBZA”) adopted Resolution Z-13-36
allowing AWI to continue operating its older model wind turbines until October 31, 2015; and
WHEREAS, the EBZA, as part of its adoption of Resolution Z-13-36, adopted an
Environmental Impact Report (“2013 EIR”) that evaluated impacts of continued operation
through October 2018, and rejected the alternative as infeasible due to the additional number
of avian fatalities that would result from three additional years of operation; and
WHEREAS, in 2014, AWI again requested modification to the conditions approved in
2013 to allow continued operation of the older-generation turbines through October 2018; and
WHEREAS, a Supplemental Environmental Impact Report (“2015 SEIR”) was prepared
evaluating the impacts of the continued operation of the older-generation wind turbines
through October 2018, and found that the project would result in significant and unavoidable
impacts on special status avian species; and
WHEREAS, the 2015 SEIR did not include additional or different information from the
alternative analysis contained in the 2013 EIR regarding the impacts of extending the permits to
allow the continued operation of older generation wind turbines through 2018; and
WHEREAS, on December 11, 2014, the APWRA Scientific Review Committee, a five
member panel of experts appointed to provide independent review of wind energy proposals,
determined the project could not be supported because avian impacts were underestimated
and the approval would be inconsistent with other efforts to reduce avian mortality in the
APWRA; and
WHEREAS, on February 2, 2015, the EBZA voted to reject AWI’s requested
modifications to AWI’s permits finding that the proposed Statement of Overriding Considerations
did not meet the requirements of Section 15093 of the CEQA Guidelines in that it did not
identify economic, legal, social, technological, or other benefits of the project that outweigh its
unavoidable adverse environmental risks, or that are supported by substantial evidence in the
record; and
WHEREAS, AWI appealed the denial of the requested permit modifications; and
2
50
WHEREAS, on March 24, 2015, the Alameda County Board of Supervisors heard AWI’s
appeal and voted, 3-2, to overturn the EBZA decision thereby allowing AWI to continue
operation of the older generation wind turbines through October 2018; and
WHEREAS, the Alameda Board of Supervisors’ action to approve the permit extension
project is not final and may be reconsidered because the Board has not adopted a Statement of
Overriding Considerations as required by CEQA; and
WHEREAS, the 2015 SEIR seriously underestimates bird fatality rates that will result
from the project by inappropriately double counting for the winter shutdown, and fails to
incorporate the best science as presented in the most recent and comprehensive Avian
Monitoring Report for the years 2005-2012 (ICF International 2014). The current science
shows that the mortality rate for golden eagles in the APWRA is unsustainable and thus
represents a population sink for this species in the two-county area; and
WHEREAS, visual impacts on protected ridgelines and publically accessible parklands,
including Brushy Peak Regional Preserve were not adequately evaluated and the project would
continue the current visual intrusion and visual impacts on protected ridgelines; and
WHEREAS, the U.S. Fish and Wildlife Service forcefully urged that the AWI’s permit be
denied based on AWI’s history of non-cooperation and based on substantial scientific data
demonstrating the significant impacts on protected and special status birds from the project;
and
WHEREAS, the California Attorney General also urged denial of the permit; and
WHEREAS, the Park District urges the Board of Supervisors to continue to provide
leadership on clean energy by reconsidering the appeal and denying AWI’s project and
reaffirming the Board of Supervisors’ stated commitment to decommissioning; and
Regional Park District hereby adopts a resolution urging that Alameda County Board of
Supervisors to reconsider and deny the appeal of Altamont Winds Inc. for the extension of the
Conditional Use Permits, and also urging the board of supervisors to deny adoption of a
Statement of Overriding Considerations for the project and support the decommissioning and
repowering of the Altamont Winds Inc. project as required by existing permits.
Moved by Director
adopted this 21st day of April 2015, by the following vote:
, and
FOR:
AGAINST:
ABSTAIN:
ABSENT:
3
51
4WD Road
4WD Road
4WD Road
co
Vas
Brushy Peak
Regional Preserve
EBRPD
Brushy Peak
Regional Preserve
LARPD
##
Dyer
Dyer
##
4WD
Acquisition, Stewardship & Development Division
April 14, 2015
t:/bstone/mxd proj/land acq/bp_turbines 04_2015.mxd
52
d
Ro a
BRUSHY PEAK REGIONAL PRESERVE
Location of Wind Turbines
¯
0
500
1,000
Feet
2,000
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
2.
b.
Authorization to Amend Contract for Professional Services with
Questa Engineering Corporation; and to Appropriate and Transfer
Funds and Accept a Bid from San Rafael Rock Quarry, Inc. for
Construction of Albany Beach Shoreline (Neck) Restoration and
Public Access Project Phase 1: McLaughlin Eastshore State Park
Barton/Nisbet)
RECOMMENDATION
The General Manager recommends the Board of Directors take the following actions:
1) Authorize an increase of $249,518 to the Questa Engineering Corporation (“Questa”)
contract for construction support and environmental compliance for Albany Beach
Restoration and Public Access Project Phase I.
2) Transfer and appropriate funds from the following accounts to Albany Beach
Restoration and Public Access Project, Project No 571500:
a. $780,000 from Designated for Development Measure WW Eastshore State Park
Funds;
b. $392,684 from Designated for Acquisition Measure WW Eastshore State Park
Funds (from CIP 229900 WW00); and
c. $392,685 from Measure CC for Eastshore State Park (CC Project #8) into
Project account Restore Albany Beach (571500MCCT)
3) Accept the base bid of San Rafael Rock Quarry, Inc., San Rafael, California, in the
amount of $2,633,473, and set aside a construction contingency in the amount of
$395,021; $24,000 for contract administration; and $150,000 for post construction
permit compliance, totaling $3,202,494 for the construction of Albany Beach
Restoration and Public Access Project Phase I, located at McLaughlin Eastshore State
Park.
REVENUE/COST
Including the recommended encumbrances outlined below, the total cost to complete Phase 1
53
will be $4,190,755, which is below the original $4.3 million estimated budget for the project.
This action will encumber $3,452,012 for delivery of Phase 1 as follows:
a. $249,518 for design support and environmental compliance (increasing the Questa contract
amount from $405,992 to $655,510)
b. $3,052,494 for construction, contingency and administration
c. $150,000 for post construction permit compliance.
Revenue/Expense Brief
Budgeted To Date
Expended To Date
Available
$3,143,086
$1,256,442
$1,886,644
Funds Needed to Complete Phase 1
Funding Gap (Available Less Funds Needed)
$3,452,012
($1,565,369)
Proposed Funding Sources
WW Eastshore Development
WW Eastshore Acquisition
CC Eastshore
Total
$780,000
$392,684
$392,685
$1,565,369
Expenditures to date include completion of a feasibility study, California Environmental Quality
Act (CEQA), and permitting, design and engineering for Phase I.
An additional $1,565,369 is required to proceed with construction of Phase 1. Staff
recommends using a combination of Measure WW Eastshore Development, Measure WW
Eastshore Acquisition, and Measure CC Eastshore funds to complete the first phase of the
project (see proposed transfer of funds below).
Total cost for all three phases of the project is estimated at $12.4 million with preconstruction
costs for all three phases at approximately $635,000; Phase I at $4.3 million; Phase II at $3.7
million and Phase III at $3.8 million. This estimate is inclusive of total project costs minus legal
fees and property acquisition. Staff has secured $5.5 million in grant funding for the project $250,000 for preconstruction costs; $2.2 million for Phase I; $1.3 million for Phase II; and $1.8
million for Phase III. Several of these grants are in the grant contracting process and are not yet
budgeted or reflected in the revenue/cost summary below:
EXISTING SOURCE OF FUNDS
Capital Development Project Account
Restore Albany Beach (571500)
$3,143,086
Expended/Encumbered to Date
TOTAL AVAILABLE
54
1,256,442
$1,886,644
PROPOSED TRANSFER AND OR APPROPRIATION OF
FUNDS
TRANSFER/APPROPRIATE FROM:
Designated for Development Measure WW29
Eastshore State Park Funds
Designated for Acquisition Measure WX29
Eastshore State Park Funds (CIP 229900 WW00)
Measure CC for Eastshore State Park (CC Project #8)
TOTAL TRANSFER
TRANSFER TO:
Albany Beach Restoration and Public Access
Project No. 571500
TOTAL AVAILABLE AFTER TRANSFER
$780,000
392,684
392,685
$1,565,369
$1,886,643
$3,452,012
PROPOSED USE OF FUNDS
Proposed Construction Contract Base Bid
$2,633,473
Construction Contingency
395,021
Contract administration
24,000
Post Construction Permit Compliance
150,000
CONSTRUCTION TOTAL $3,202,494
Contract for Services – Questa Engineering Corporation $ 249,518
CONSULTING TOTAL $ 249,518
TOTAL $3,452,012
BACKGROUND
The project is being constructed in three phases. Phase I, the subject of this Board action, will
reconstruct 1,800 linear feet of shoreline on the south side of Albany Neck to protect water
quality and preserve and enhance public access. Currently, wave action along the south Neck is
eroding the landfill and the access route connecting Albany Beach to Albany Bulb into San
Francisco Bay. The project will convert the old landfill access route into an ADA accessible
trail with native coastal prairie landscaping strips. Phase I shoreline work implements living
shoreline principles identified in the San Francisco Bay Sub-tidal Habitat Goals Report. These
features include bird roosting islands, tide pools, a small pebble beach and an oyster shell reef.
These features not only boost the ecological value of the site for fish and shorebirds, but also
enhance shoreline protection and resiliency. Following this Board action, construction of Phase
1 can begin in June 2015 and be completed by December 2015.
Phase II will expand and restore the beach and dunes and construct public access amenities
such as parking and restrooms. Phase III will complete the San Francisco Bay Trail from
Buchanan Street to Gilman Street. Phases II and III are on hold until required property is
acquired and CEQA judicial review and supplemental CEQA work is completed.
55
The project plans and specifications have been through the District’s competitive bidding
process. The Notice to Bidders for this project was published on February 19, 2015 in the
newspaper the District uses for this purpose and made available at thirteen (13) builders
exchanges and on E-Bid board, with seven (7) firms submitting responsible bids on Thursday,
March 26, 2015.
The basis for determination of low bid for this project is the aggregate amount of the bidder’s
base bid:
NAME OF BIDDER
TOTAL BASE BID
San Rafael Rock Quarry, Inc.
$2,633,473
Innovative Construction Solutions
$2,744,877
Gordon N. Ball, Inc.
$2,796,815
CF Contracting Inc.
$2,906,860
Maggoria & Ghilotti, Inc.
$3,265,265
Granite Rock Company
$3,292,606
Hanford ARC
$3,684,989
DISTRICT ESTIMATE:
$2,600,000 (Base Bid Only)
CEQA
Phase 1 of the proposed project is within the scope of the Environmental Impact Report (EIR)
prepared for the Albany Beach Restoration and Public Access Project and is proposed to be
constructed consistent with the mitigation measures identified in the EIR. As indicated in the
CEQA findings, which were adopted by the Board of Directors on November 20, 2012, by
Board Resolution No. 2012-11-285, potentially significant impacts identified for the project can
be mitigated to a less than significant level.
ALTERNATIVES
56
RESOLUTION NO. 2015 – 04 April 21, 2015
AUTHORIZATION TO AMEND THE CONTRACT FOR PROFESSIONAL SERVICES
WITH QUESTA ENGINEERING CORPORATION:
MCLAUGHLIN EASTSHORE STATE PARK
WHEREAS, an operating agreement with the California Department of Parks and
Recreation establishes the Park District’s partnership with the State for the design and
development of McLaughlin Eastshore State Park, according to the adopted Eastshore State
Park General Plan; and
WHEREAS, the Eastshore State Park General Plan sets forth guidelines for habitat
restoration and public access improvements at Albany Beach; and
WHEREAS, the Park District is in need of professional services to implement habitat
WHEREAS, Resolution 2012-05-122 and change order #2 ($6,000) establish the current
contract amount of $405,992 (P22283) for CEQA, design/engineering, geotechnical, and
permitting services; and
WHEREAS, Questa Engineering is the designer and engineer of record and is providing
additional professional services for design support and environmental compliance during project
construction;
Regional Park District hereby authorizes and directs the General Manager on behalf of the Park
District to increase the contract with Questa Engineering by $249,518 to provide professional
services for the Albany Beach Restoration and Public Access Project Phase I; and
BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the Park District and in its name, to execute and deliver such documents
and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of
this resolution.
Moved by Director
, and seconded by Director
, and
FOR:
AGAINST:
ABSTAIN:
ABSENT:
57
RESOLUTION NO.: 2015-04April 21, 2015
AUTHORIZATION TO TRANSFER AND OR APPROPRIATE FUNDS AND ACCEPT
A BID FROM SAN RAFAEL ROCK QUARRY, INC. FOR
CONSTRUCTION OF ALBANY BEACH RESTORATION AND
PUBLIC ACCESS PROJECT PHASE 1:
MCLAUGHLIN EASTSHORE STATE PARK
WHEREAS, an operating agreement with the California Department of Parks and
Recreation establishes the District’s partnership with the State for the design and development
of McLaughlin Eastshore State Park, according to the adopted Eastshore State Park General
Plan; and
WHEREAS, the Eastshore State Park General Plan sets forth guidelines for habitat
WHEREAS, the Albany Beach Restoration and Public Access Project Phase 1 (“Project”)
will repair/reconstruct the shoreline, enhance habitat, restore and enhance trail accessibility at
south Albany neck; and
WHEREAS, the District advertised for bids for construction of the Project at the
terminus of Buchanan Street, McLaughlin Eastshore State Park, Albany California and received
seven (7) responsible bids; and
WHEREAS, San Rafael Rock Quarry, Inc., San Rafael, California was the lowest
responsible bidder;
Regional Park District authorize the Budget Change form attached hereto, which will transfer
$780,000 from Designated for Development Measure WW Eastshore State Park Funds,
$392,684 from Designated for Acquisition Measure WW Eastshore State Park Funds (from CIP
229900 WW00) to 571500WX29, and appropriate $392,685 from Measure CC for Eastshore
State Park (CC Project #8), Fund 226, into Project account Restore Albany Beach (571500) and
accept the base bid of San Rafael Rock Quarry, Inc., San Rafael, California, in the amount of
$2,633,473 and set aside $395,021 as a construction contingency, $24,000 for contract
administration, and $150,000 for post construction permit compliance, for a total amount of
$3,202,494 in Project No. 571500; and
such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
58
Moved by Director
approved this 21st day of April, 2015, by the following vote:
, and
FOR:
AGAINST:
ABSTAIN:
ABSENT:
59
Albany Beach Restoration and Public Access Project
60
BUDGET CHANGE FORM
NEW APPROPRIATIONS
Appropriate from General Fund
X From New Revenues
BUDGET TRANSFERS
X Between Funds
X Between Projects
DECREASE BUDGET ACCOUNT
Account Name: Expense: Capital- LandDistrict Wide-Acquisition-Designated
Land Acquisition-Measure WW
Undesignated
AMOUNT
INCREASE BUDGET ACCOUNT
Account Name: Expense: OTAEnvironmental Programs-EastshoreAlbany Beach Restoration-Measure WWEastshore Acquisition Allocation AreaServices
Account: 333-6330-000-7010 /
229900WW00-100
Account: 336-6350-423-6191 / 571500
$392,684.00 WX29-009
Account Name: Expense: OTAEnvironmental Programs-EastshoreAlbany Beach Restoration-Measure WWEastshore Development Allocation AreaServices
Account: 336-6350-423-6191 / 571500
WP29-009
Account Name: Expense: OTAEnvironmental Programs-EastshoreAlbany Beach Restoration-Measure CC
Funds-Services
Account Name: Expense: Measure CC
Fund-Non-Departmental-District WideTransfer Out
Account: 226-9110-000-9980
Account Name: Expense: Capital FundNon-Departmental-District Wide-Transfer
Out
Account: 336-6350-423-6191 / 571500
MCCT-009
TRANSFERS BETWEEN FUNDS
Account Name: TRANSFER IN: OTA
Fund-Non-Departmental-District WideTransfer In
$392,685.00 Account: 336-9110-000-3980
Account Name: TRANSFER IN: OTA
Fund-Non-Departmental-District WideTransfer In
AMOUNT
$392,684.00
$
780,000.00
$
392,685
$ 392,685.00
$ 392,684.00 Account: 336-9110-000-3980
Account: 333-9110-000-9980
$ 392,684.00
REASON FOR BUDGET CHANGE ENTRY:
As being presented at the Board of Directors meeting on April 21, 2015 the General Manager recommends that the
Board of Directors authorize the appropriation of $780,000 Measure WW Bond funds from the Eastshore
Development Allocation Area; transfer and appropriate $392,684 from the Eastshore Acquisition Allocation Area; and
transfer and appropriate $392,685 from the Measure CC Fund, reducing the funds available for CC Project Line #8.
The transfers will augment the $3,145,085.86 budget that currently exists in project 571500 that will all be used to
restore the Albany Beach.
T:\BOARDCLK\BOARD MATERIAL\2015\7 - April 21, 2015\C-2-b LAND Albany Beach Restoration Proj 571500 Phase I adj Budget Change
61
As approved at the Board of Directors Meeting on:
Date: 4/21/2015
Board of Directors Resolution Number: 2015-04
Date:
Posted By:
Signature
T:\BOARDCLK\BOARD MATERIAL\2015\7 - April 21, 2015\C-2-b LAND Albany Beach Restoration Proj 571500 Phase I adj Budget Change
62
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
2.
c.
Lake Chabot Campus Modernization Project Update:
Lake Chabot Regional Park
(Barton/Nisbet)
At its meeting on March 12, 2015, the Board Executive Committee (“Committee”) reviewed
work in-progress plans and architectural renderings for the Lake Chabot Campus
Modernization Project. The project includes reconstruction of the Public Safety Headquarters,
Chabot Service Yard, and South County Corporation Yard (“SCCY”) Equipment Shop.
Feedback on the work in-progress was positive and a unanimous recommendation was
provided to advance the concepts to more detailed design. The Committee also provided
feedback that buildings should incorporate design elements that tie them together, such as
similar colors, materials and/or artistic features, and include “green” design and alternative
energy capabilities where appropriate.
Staff will update the Board of Directors on the project status and present materials that will be
included with a formal land use/planning application with Alameda County.
63
BOARD AND STAFF
REPORTS
64
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
3.
a.
Actions Taken By Other Jurisdictions Affecting the Park District
(Doyle)
Oakland City Council – Coliseum Area Specific Plan
On Tuesday, March 31st, the Oakland City Council unanimously voted to adopt the Coliseum
Area Specific Plan and adopt the associated Environmental Impact Report. The Coliseum Area
Specific Plan proposes a range of General Plan and zoning code changes to facilitate
redevelopment of the Coliseum area. The specific plan envisions a number of scenarios
depending on which sports teams the City is successful in retaining and represents a preferred
vision for redevelopment and economic revitalization of the area to include up to three new
sports and entertainment facilities; 8 million square feet of research, office, light industrial and
retail space; and over 5,000 residential units. The plan would also include over 20 acres of open
space, parks, and restored habitats including lands along Damon Slough. The Coliseum Area
Specific Plan includes the Oakland-Alameda County Coliseum site and lands west of I-880 north
of Hegenberger Road including the Oakland Airport Edgewater Business Park and a portion of
the Martin Luther King Jr. Regional Shoreline. Original proposals called for rezoning of the
District’s 8-acre Edgewater Seasonal Wetland within Martin Luther King Jr. Regional Shoreline
to a Coliseum District zone that would permit development of a sports venue or associated
retail and commercial space. The District worked with the City of Oakland to ensure the
Edgewater Seasonal Wetland was rezoned to Open Space in the adopted plan. Additionally, the
plan would rezone significant portions of San Leandro Bay, including Arrowhead Marsh, from
Heavy Industrial to Open Space.
65
GM COMMENTS
66
AGENDA
REGULAR MEETING
BOARD OF DIRECTORS
C.
4.
STAFF PRESENTATION
Human Resources Manager Sukari Beshears and Human Resources Analyst Bismarck Blanco
will present on the expansion of Human Resources’ outreach efforts to keep the District
current and relevant by communicating to diverse audiences through technology.
GM COMMENTS
Public Safety
From February 20 to March 19, 2015 the Public Safety Division handled 624 service calls and
478 total incidents. Highlights are included below.
Police
There were 37 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 235
citations for Ordinance 38, vehicle code, and parking violations. Officers handled 250 field
interviews (contacts without citations or arrests) and contacted 13 people on probation or
parole to conduct compliance checks.

Anthony Chabot: On March 8, an officer was dispatched to the campground for a
report of a person wandering around and disturbing campers. The subject was
intoxicated and had a loaded weapon in his tent. He was arrested for the weapon
violation and transported to jail without incident.

Bay Point Wetlands: On March 7, an officer responded to the report of two people
arguing in the parking lot. The woman was intoxicated and arrested for disorderly
conduct. The man was interviewed and released at the scene.

Briones: On February 21, an officer responded to the report of a park user with a dog
off leash and not under voice control. The park user was cited for the Ordinance 38
violation.

Crown Beach: On February 21, officers responded to a group with a bonfire on the
beach. The fire was extinguished and the subjects were cited.
67

Garin: On March 8, officers responded to the report of a saddled horse without a
rider. The horse was determined to have run away from a stable and was returned.

Lake Chabot: On March 15, officers and park staff responded to the report of a child at
the marina who was separated from his parents. The parents and child were reunited
without incident.

Lone Tree Point: On March 6, an officer was dispatched to the report of an intoxicated
person. The officer located the subject who was holding a bottle of whiskey, yelling, and
visibly agitated. She was arrested for disorderly conduct and transported to jail without
incident.

Out of Park in Martinez: On February 20, an officer was patrolling the area and
witnessed a vehicle driving erratically, crossing over the double yellow lines. The driver
was interviewed and found to have methamphetamine, marijuana, hash oil, and a
smoking pipe in his car. He was cited and released on scene for possession of a
controlled substance and possession of narcotics paraphernalia.

Point Pinole: On February 23, an officer and medical personnel responded to the
report of a person who fell off his bicycle several times and sustained injuries to his face.
The subject was under the influence of alcohol and transported to the hospital for
treatment.

Redwood: On March 15, an officer and medical personnel responded to the report of a
bicycle accident with injuries. The mountain bike rider had fallen off his bike and was
transported to the hospital for treatment.

Tilden: On March 8, officers and medical personnel responded to the report of a
bicycle accident. The bicyclist collided with a pedestrian on the Nimitz Trail and the
cyclist was transported to the hospital for treatment of minor injuries.
On March 18, a sergeant contacted the occupants of a vehicle for a curfew violation.
The driver had a suspended license and was cited. The car was towed and impounded.

Wildcat Canyon: On February 21, an officer, Eagle 7, Richmond Police, and medical
personnel responded to the report of an intoxicated person urinating in the park. The
subject was taken to the hospital for medical treatment.
Fire Operations
Fire Response
 On March 14, Fire Unit 5681 responded to a report of an unattended campfire on the
East Ridge Trail. Engine 5681 staff found and extinguished a small, illegal, un-contained
campfire in Redwood Park.
68
Medical/Accident/Injury
 Firefighters responded to one medical emergency and six personal injuries in the
District.
Special Services
 On February 20, Engine 5661 staff conducted a Fire Safety in the Home presentation at
Giggles Pre-School in Oakland.
Fire Training
 Fire training was conducted on March 2 - 6 and March 17 - 19. Training was held for
Companies A, B, C, and D. Topics included Vehicle Fire, Structure Fire, Hazmat First
Responder Operations, Leadership 180, and a Wildland Readiness Drill.
Fire Management
District-wide
 Anthony Chabot: Crews continued the Anthony Chabot Campground eucalyptus
sucker ladder-fuel reduction project.

Tilden Park: Crews continued the Tilden Park–Wildcat Canyon Road Wildland Fuels
Reduction and Risk Tree Removal project.
Lifeguard Service
 On February 21, staff held its second pre-test workshop for potential seasonal lifeguards
at Roberts Pool.

From February 25 through March 13, staff conducted several seasonal lifeguard
recruitments at high school swim meets throughout the Bay Area.

On February 28, staff partnered with Boy Scouts of America to provide a CPR/First Aid
class for over 40 families.

On March 7, staff participated in Cosumnes Community Service District’s Aquatic
Leadership Development Program near Elk Grove.

From March 10 through March 13, staff participated in the California Parks and Recreation
Society Annual Conference and Expo in Sacramento. Aquatics Manager Pete Dequincy
gave presentations on in-service training, discipline, staff benchmarks, and submersion
protocols.
69
NEWSCLIPS
70
71
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75
76
77
78
79
80
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April 21, 2015

Transcription

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