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					     June 6, 2012

Board Packet
          ANTIOCH
          REGIONAL                                                      Big Break Visitor Center
          SHORELINE
                                                                              at the Delta
    160
                                                                                                                      BIG
      WILBUR AV.                                                                                                      BREAK
                                                       BIG BREAK RD.




                                                                                                               Regional Trail
                     MAIN ST.
                                                4                       WA   VINTAGE               Big Break




                                                                                                                                         Creek
                                                                          LN
                                                                            UT




                                                                                                                                                         al Trail
                                                                                     S
                                                                               MEADOW
                                                                                     PKWY.




                                                                        OAKLEY




                                                                                                                                       Marsh

                                                                                                                                                   Region
4                                                                                                     EBRPD EAST CO.
                                                                                                      TRAILS OFFICE &
                                                                                                      IRONHOUSE
                                                                                                      SANITARY DISTRICT
                                                                                                      HEADQUARTERS
                          OAKLEY ROAD                                         MAIN
                                                                                                                                               Canal
                                                                                                   STR                           sta
      NEROLY ROAD




                                                                                                       E                      Co




                                                                                                                                           Marsh Creek
                                                                                                         ET
                                                        EMPIRE AVENUE




                                                                                                                          a
                                                                                                                       tr
                                LIVE OAK AV.




                                                                                                                    on
                                                                                                                  C



                                                                          W. CYPRESS ROAD
                                                                                                                Delta de Anza
                                                                                                                Regional Trail


                                               From Highway 4 in Oakley, go north on Big Break
                                     Road. Take the first Big just past Vintage Parkway
                                Driving directions to right Break Regional Shoreline
                                        and follow 4 in Oakley, go Big Break Pier. Look
                                     From Highwaythe road to thenorth on Big Break Road.
                                        for signage and Parkway and follow the road to the
                    Take the first right just past Vintagestaff directing you to the event. Big Break Pier.
                                        Parking will be
                                                         and staff at the site.
                                       Look for signage availabledirecting you to the event.
                                                Parking will be available at the site.
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        NOTE CHANGE OF LOCATION
Board of Directors
      CAROL SEVERIN        The Regular Session of the WEDNESDAY, JUNE 6, 2012
     President - Ward 3    BOARD MEETING is scheduled to commence at
         JOHN SUTTER       6:00 p.m. at the:
 Vice-President - Ward 2
       AYN WIESKAMP        Big Break Visitor Center at the Delta
     Treasurer - Ward 5    Big Break Regional Shoreline
                           69 Big Break Road, Oakley, CA
   WHITNEY DOTSON
    Secretary - Ward 1
          DOUG SIDEN
              Ward 4
        BEVERLY LANE       Respectfully submitted,
                Ward 6
           TED RADKE
               Ward 7
     ROBERT E. DOYLE
       General Manager
                           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
AGENDA


REGULAR MEETING OF JUNE 6, 2012                                                     The Board of Directors of
BOARD OF DIRECTORS                                                                  the East Bay Regional Park
                                                                                    District will hold a regular
EAST BAY REGIONAL PARK DISTRICT
                                                                                    meeting at the Big Break Visitor
                                                                                    Center at the Delta, Big Break
                                                                                    Regional Shoreline, 69 Big
5:00 p.m.        ROLL CALL       (Conference Room)                                  Break Road, Oakley, CA
                                                                                    commencing at 5:00 p.m. for
                 PUBLIC COMMENTS                                                    Closed Session and 6:00 p.m.
                                                                                    for     Open     Session,     on
                                                                                    Wednesday, June 6, 2012.
                 CLOSED SESSION
                                                                                    Agenda for the meeting is
     A.     Conference with Labor Negotiator:                                       listed adjacent. Times for
            Agency Negotiator:        Robert E. Doyle, Dave Collins,                agenda items are approximate
                                                                                    only and are subject to change
                                      Susan Gonzales
                                                                                    during the meeting. If you wish
            Employee Organizations:   AFSCME Local 2428                             to speak on matters not on the
            Unrepresented Employees: Managers and Confidentials                     agenda, you may do so under
                                                                                    Public Comments at either the
     B.     Conference with Legal Counsel:                                          beginning or end of the agenda.
                                                                                    If you wish to testify on an item
            1.   Existing Litigation – Subdivision (a) of Gov’t Code Sec. 54956.9   on the agenda, please complete
                                                                                    a speaker’s form and submit it
                 a)    Balch v. EBRPD, Alameda County Superior Court                to the Clerk of the Board. A
                       Case No. HG08385193                                          copy of the background
                                                                                    materials concerning these
                                                                                    agenda items, including any
6:00 p.m.        OPEN SESSION            (Main Hall)                                material that may have been
                                                                                    submitted less than 72 hours
                                                                                    before the meeting, is available
                 PLEDGE OF ALLEGIANCE
                                                                                    for inspection on the District’s
                                                                                    website      (www.ebparks.org),
                 A.    APPROVAL OF AGENDA                                           the Administrative Building
                                                                                    reception desk, and at the
6:05 p.m.        B.    PUBLIC COMMENTS                                              meeting.

                                                                                    Agendas for Board Committee
                                                                                    Meetings are available to the
6:20 p.m.   C.   BUSINESS BEFORE THE BOARD                                          public upon request. If you wish
                                                                                    to be placed on the mailing list
                 1.    CONSENT CALENDAR                                             to receive future agendas for a
                                                                                    specific Board Committee,
                                                                                    please call the Clerk of the
                       a.    Approval of District Check Listing for the Period of   Board’s Office at (510) 544-
                             April 23, 2012 through May 6, 2012                     2020.
                                   (Rubaloff/Doyle)     (Resolution) (No Cost)
                       b.    Approval of the Minutes for the Board Meetings of      District facilities and meetings
                                                                                    comply with the Americans
                             April 3 and April 17, 2012                             with Disabilities Act. If special
                                   (Pulido/Barial)                      (No Cost)   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.
c.   Authorization to Negotiate with Various Property Owners
            (Musbach/Wenninger)          (Resolution)    (No Cost)
d.   Authorization to Transfer Funds for Land Acquisition Department Projects
            (Musbach/Wenninger)          (Resolution)    (Budget Change)
e.   Authorization to Amend the Contract for Services with Callander Associates to
     Include Final Design Services Required for the TIGER II-Funded Santa Rita Road
     to Dublin BART Segment: Iron Horse Regional Trail
            (Townsend/Wenninger)         (Resolution)    (Budgeted Funds)
f.   Authorization to Amend the Contract for Services with Nolte Vertical Five for
     Final Design and Bid Support Required for the TIGER II-Funded Martinez
     Intermodal to Crockett Segment: San Francisco Bay Trail
            (Townsend/Wenninger)         (Resolution)    (Budgeted Funds)
g.   Authorization to Amend the Contract for Services with URS Corporation for
     Final Design, California Public Utilities Commission and Union Pacific Railroad
     Approval and Bid Support Services Required for the TIGER II-Funded Pinole
     Shores to Bayfront Park Segment: San Francisco Bay Trail
            (Townsend/Wenninger)         (Resolution)    (Budgeted Funds)
h.   Authorization to Accept the Renewal of Existing Insurance Programs
            (Moss/Radosevich)            (Resolution)    (Budgeted Funds)
i.   Authorization to Enter into a Contract for Workers’ Compensation Claims
     Administration with Athens Administrators
            (Moss/Radosevich)            (Resolution)    (Budgeted Funds)
j.   Authorization to Augment the Construction Contingency for Landslide
     Repair at Bollinger Canyon Road: Las Trampas Regional Wilderness
            (Althoff/M. Anderson)        (Resolution)    (Budgeted Funds)
k.   Authorization to Accept the Bid for Construction of Bank Stabilization and
     Access Improvements: Lake Chabot Regional Park
            (Althoff/M. Anderson)        (Resolution)    (Budgeted Funds)
l.   Authorization to Encumber Funds for the Purchase of Replacement Survey
     Equipment
            (Althoff/M. Anderson)        (Resolution)    (Budgeted Funds)
m.   Approval of Sanitary Sewer Management Plans in Accordance with State Water
     Resources Control Board Order 2006-003-DWQ Statewide General Waste
     Discharge Requirements for Sanitary Sewer Systems: Anthony Chabot, Coyote
     Hills, Del Valle and Garin Regional Parks
            (Graul/M. Anderson)          (Resolution)    (No Cost)
n.   Approval of Payment to Department of Water Resources for Dam Safety
     Program Assessment: Lake Anza and Lake Temescal
            (Spaulding/Scheer/Collins) (Resolution)      (Budgeted Funds)
o.   Authorization for Budgetary Closure of Completed Projects and Related
     Amendments to the 2012 Budget
            (Burnor/Rubaloff)            (Resolution)    (Budget Change)
p.   Authorization to Contract for Youth Employment Services with Student
     Conservation Association
            (Blonski/T. Anderson)        (Resolution)    (Budgeted Funds)
                      q.   Resolution to Support Pending State Legislation AB 1916 (Buchanan) -
                           Authorizes Save Mount Diablo to Enter into an MOU with State Parks to
                           Restore the Beacon Atop of Mt. Diablo
                                 (Pfuehler/Doyle)            (Resolution)      (No Cost)
                      r.   Resolution to Support Pending Federal Legislation H.R. 1594 (Bishop) –
                           Open Space Preservation Promotion Act
                                 (Pfuehler/Doyle)            (Resolution)      (No Cost)
                      s.   Resolution to Support Alameda County Transportation Commission’s
                           Transportation Expenditure Plan (TEP)
                                 (Pfuehler/Doyle)            (Resolution)      (No Cost)
                      t.   Approval of a Memorandum of Understanding Regarding Use of Next Era
                           Mitigation Funds in Connection with an Agreement to Repower Wind
                           Turbines in the Altamont Pass Wind Resources Area
                                 (Victor)                    (Resolution)      (Revenue)

6:30 p.m.        2.   FINANCE AND MANAGEMENT SERVICES

                      a.   PUBLIC HEARING:
                           Approval of Engineer's Report for Fiscal Year 2012/13, Adopt Resolution
                           Confirming Diagram and Assessment, Order Maintenance, Improvements and
                           Levy Annual Assessment for East Contra Costa County Landscaping and
                           Lighting Assessment District No. 1; Adopt Resolution Regarding Protests
                                 (Rubaloff/Collins)           (Resolution)     (Revenue)

                      b.   Resolution Of The Board Of Directors Of The East Bay Regional Park District
                           Authorizing Issuance Of Not To Exceed $25,000,000 Initial Principal Amount Of
                           2012 Promissory Notes, Authorizing And Directing Execution Of A Related
                           Indenture Of Trust, And Authorizing Other Official Actions Related Thereto
                                (Rubaloff/Collins)           (Resolution)      (Revenue)

7:00 p.m.        3.   BOARD AND STAFF REPORTS

                      a.   Actions Taken by Other Jurisdictions Affecting the Park District
                                (Doyle)

7:05 p.m.        4.   GENERAL MANAGER’S COMMENTS

7:10 p.m.        5.   ANNOUNCEMENTS FROM THE CLOSED SESSION

7:15 p.m.        6.   BOARD COMMITTEE REPORTS
                      a.  Operations Committee                (4-25-12)   (Siden)

7:20 p.m.        7.   BOARD COMMENTS

7:35 p.m.   D.   PUBLIC COMMENTS

7:45 p.m.   E.   ADJOURNMENT
CONSENT
CALENDAR
                                       AGENDA
                                   REGULAR MEETING
                                  BOARD OF DIRECTORS

                          EAST BAY REGIONAL PARK DISTRICT

                                  Wednesday, June 6, 2012


C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              a.     Approval of District Check Listing for the Period of April 23, 2012
                     Through May 6, 2012                               (Rubaloff/Doyle)

RECOMMENDATION

It is recommended that the Board of Directors approve the Check Listing for the period of
April 23, 2012 through May 6, 2012.

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.
                            EAST BAY REGIONAL PARK DISTRICT

                                RESOLUTION NO.: 2012 – 06 –

                                          June 6, 2012


             APPROVAL OF DISTRICT CHECK LISTING FOR THE PERIOD OF
                      APRIL 23, 2012 THROUGH MAY 6, 2012


        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 April 23, 2012
through May 6, 2012;

      Moved by Director                        , seconded by Director                  , and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                AGENDA
                            REGULAR MEETING
                           BOARD OF DIRECTORS

                    EAST BAY REGIONAL PARK DISTRICT

                           Wednesday, June 6, 2012


C.   BUSINESS BEFORE THE BOARD

     1.   CONSENT CALENDAR

          b.   Approval of the Minutes for the Board Meetings of April 3, 2012
               and April 17, 2012                                 (Pulido/Barial)
Unapproved Minutes
Board Meeting of April 3, 2012
The Board Meeting, which was held on April 3, 2012 at the EBRPD Administrative Building, 2950 Peralta Oaks
Court, Oakland, CA 94605, was called to order at 12:45 p.m. by Board President Carol Severin.

ROLL CALL

Directors Present:           Carol Severin, President
                             Ayn Wieskamp, Treasurer
                             Whitney Dotson, Secretary
                             Beverly Lane
                             Ted Radke
                             Doug Siden

Directors Absent:            John Sutter, Vice President.

At this time, the Board of Directors met in Closed Session to discuss those items outlined on the Board
Meeting Closed Session Agenda.

The Open Session of the Board Meeting was called to order at 2:05 p.m. by Board President Carol Severin.

Staff Present Included:             Ted Radosevich (acting for GM Doyle), Dave Collins, Nancy Wenninger,
                                    Carol Victor, Carol Johnson, Capt. Mark Ruppenthal, Lt. Jon King, Mike Anderson,
                                    Emily Hopkins, Susan Gonzales, Renee Patterson, Jeff Rasmussen, Asst. Fire Chief
                                    John Swanson, Noah Dort, Don Goodenow.

A.       APPROVAL OF AGENDA

By motion of Director Siden and seconded by Director Wieskamp, the Board voted to unanimously to approve
the agenda.

Directors Present:           Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Ayn Wieskamp.
Directors Absent:            John Sutter.

B.       PUBLIC COMMENTS

There were no Public Comments at this time.

C.       BUSINESS BEFORE THE BOARD

         1.        CONSENT CALENDAR

By motion of Director Lane and seconded by Director Wieskamp , the Board voted unanimously to adopt the
Consent Calendar:

Directors Present:           Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Ayn Wieskamp.
Directors Absent:            John Sutter.

C-1-a.             Approval of District Check Listing for the Period of February 27, 2012
                   Through March 11, 2012
                   Resolution No. 2012-04-068                   (attached)

                                                             1
Unapproved Minutes
Board Meeting of April 3, 2012
C-1-c.             Authorization to Negotiate with Various Property Owners
                   Resolution No. 2012-04-069                 (attached)

C-1-d.             Authorization to File an Application for Grant Funds through the San Francisco
                   Bay Area Conservancy Program to Acquire the Pacific Custom Materials
                   Property: Carquinez Strait Regional Shoreline
                   Resolution No. 2012-04-070                  (attached)

C-1-e.             Authorization of a Five Year Grazing License for Raelene Vieux:
                   Garin/Dry Creek Regional Park
                   Resolution No. 2012-04-071                  (attached)

C-1-f.             Authorization of a Five Year Grazing License for A&R Livestock: Garin/Dry Creek Regional Park
                   Resolution No. 2012-04-072                  (attached)

C-1-g.             Authorization of a Sole Source Purchase for a Redundant Voice Logger
                   from Motorola, Inc.: Public Safety Communications Center
                   Resolution No. 2012-04-073                 (attached)

C-1-h.             Authorization to Enter into a Contract for Services Agreement with
                   Nathan Lawrence for Caretaker Services and Amend the 2012 Budget:
                   Big Break Regional Shoreline
                   Resolution No. 2012-04-074                  (attached)

C-1-i.             Authorization to Amend the 2012 Budget and Purchase One John Deere 329D
                   Compact Track Loader
                   Resolution No. 2012-04-075               (attached)

C-1-j.             Authorization to Purchase Two Ford Expedition Special Service Vehicles,
                   Two Ford Explorers and One Ford F650 Cab Chassis from Downtown
                   Ford Sales, Sacramento, CA
                   Resolution No. 2012-04-076               (attached)

C-1-k.             Authorization to Purchase Four Chevrolet Colorado Pick-up Trucks
                   from Wondries Fleet Group, Alhambra, CA
                   Resolution No. 2012-04-077                (attached)

In response to a question from Director Lane regarding items C-1-j and C-1-k, Fleet Manager Jason McCrystle
stated that whenever possible, staff will purchase a downsized vehicle with a smaller engine and/or drivetrain
capacity to attain better fuel economy. In response to a question from Director Siden, Mr. McCrystle stated
that the District has a 4-year/100,000 mile replacement schedule for police cruisers, while other vehicles would
have a longer, 10-year/100,000 replacement schedule.

C-1-l.             Authorization to Purchase Two Wide-Area Mowers from John Deere, Cary, NC
                   Resolution No. 2012-04-078                (attached)
C-1-m.             Authorization to Accept Funds from the State Water Resources Control
                   Board for Water Quality Monitoring: Crown Memorial State Beach
                   Resolution No. 2012-04-079                (attached)


                                                           2
Unapproved Minutes
Board Meeting of April 3, 2012
C-1-n.             Authorization to Enter into a Master Agreement to Accept Port Chicago Mitigation Funds
                   from Contra Costa County for Development of the Great California Delta Trail and
                   Appropriate Funds for a Trail Feasibility Study
                   Resolution No. 2012-04-080                    (attached)

Director Radke stated that he was pleased to see this item moving forward and asked staff to send a note to
State Schools Superintendent Tom Torlakson since he had an instrumental role in securing and keeping the
funds for this project from when he was on the Board of Supervisors up to the time when he moved to the
State Assembly and Senate.

C-1-o.             Authorization to Apply to the National Fish and Wildlife Foundation for Grants from the
                   Cosco Busan Oil Spill Trust for District-wide Shoreline Recreation Projects
                   Resolution No. 2012-04-081                  (attached)

C-1-p.             Resolution Authorizing a “Yes” Vote on District Parcels Proposed for Assessment Under the
                   Contra Costa County 2012 Community Clean Water Initiative
                   Resolution No. 2012-04-082                (attached)

Director Radke called for a separate discussion and vote on item C-1-p, stating that it has been poorly handled
by Contra Costa County, and that some members of the Board of Supervisors who voted for its support have
even indicated their criticism of this issue. Director Radke noted that this is an additional tax, and that
proponents have not been transparent and clear as to how the funding will be spent, unlike the District’s
successful Measure WW wherein the exact projects to be covered were spelled out. Director Radke
announced that he would like to abstain on this issue, and mentioned that staff’s initial recommendation to the
Board Executive Committee was to abstain, but the Committee eventually voted to support it.

Director Lane, on behalf of the Board Executive Committee, stated although the fee for the District based on
the initiative would be about $1,800, she also felt that it was handled very poorly and had flaws. However, the
Committee decided to recommend a Yes vote but at the same time point out the various concerns on the
initiative, that it did not seem proper for the District to oppose an effort to support clean water. Director
Wieskamp added that the District has an obligation to tell the parties in-charge of this initiative that it sees what
is wrong with it, make the necessary revisions and protect the District for all that its done for clean water, but
that she voted to support it since she believes it is important that the District support efforts for clean water.

Director Radke made a motion, seconded by with Director Dotson, to revise the resolution to authorize an
“abstain” vote.

Directors For:               Ted Radke, Whitney Dotson.
Directors Against:           Beverly Lane, Carol Severin, Doug Siden, Ayn Wieskamp
Directors Absent:            John Sutter.

Since the motion did not pass, this item was adopted together with the approval of the rest of the Consent
Calendar items.

Director Siden asked that item C-1-b be approved separately as he was absent from that meeting:
C-1-b.        Approval of the Minutes for the Board Meeting of February 21, 2012

By motion of Director Lane and seconded by Director Wieskamp , the Board voted to approve item C-1-b:

Directors Present:           Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Ayn Wieskamp.
                                                            3
Unapproved Minutes
Board Meeting of April 3, 2012
Directors Abstain:           Doug Siden.
Directors Absent:            John Sutter.

         2.        GENERAL MANAGER

C-2-a.             Approval of Final Resolution to Provide the 3% @ 55 Retirement Plan for Newly
                   Hired Public Safety Employees per Provisions of the 2011 Labor Agreement
                   Resolution No. 2012-04-083                  (attached)

By motion of Director Radke and seconded by Director Wieskamp, the Board voted unanimously to approve
item C-2-a:

Directors Present:           Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Ayn Wieskamp.
Directors Absent:            John Sutter.

Susan Gonzales, Human Resources Manager, stated that this is the final adoption of this item after the required
waiting period, noting that the resolution of intent was adopted by the Board at the March 6 Board meeting,

         3.        LAND DIVISION

C-3-a.             Authorization to Enter into an Agreement with the City of Livermore, Accept $183,000
                   in Funds and Record a Conservation Easement: Doolan Canyon Regional Preserve
                   Resolution No. 2012-04-084                (attached)

By motion of Director Wieskamp and seconded by Director Lane, the Board voted unanimously to approve
item C-3-a:

Directors Present:           Whitney Dotson, Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Ayn Wieskamp.
Directors Absent:            John Sutter.

Brad Olson, Environmental Program Manager, provided a brief presentation, stating that the District has had a
successful partnership with the City of Livermore (City) on two resource enhancement projects in Doolan
Canyon, providing $2 million for the acquisition of the 633-acre Schmidt property and also recently provided
funds for the District’s acquisition of the Farber property at Brushy Peak. This item is another request from the
City to participate in another project that would serve as mitigation for development of a Toyota dealership.
However, since the District already owns the property, the City would contribute funds equivalent to its
purchase price, with the funds to be deposited into a land acquisition account and used for the next acquisition
in the area.

         4.        BOARD AND STAFF REPORTS

              a.      Actions Taken by Other Jurisdictions Affecting the Park District
Ted Radosevich, Acting GM discussed the item listed on the staff report and stated that although the City of
Oakland approved four new Medical Cannabis Dispensary Permits, only one of the proposed locations on 2101
Broadway was approved. One of the three proposed locations denied was at 4709 Tidewater Avenue near the
Tidewater Boating Center and staging area at Martin Luther King, Jr. Regional Shoreline, a location opposed in
writing and during public hearings by District Board members and staff.

Mr. Radosevich also advised the Board that the District received notice that its grant application for Prop 84
funds for the proposed Pt. Pinole Visitor Center was denied, noting that although the application itself was well
                                                           4
Unapproved Minutes
Board Meeting of April 3, 2012
written, the fact that Pt. Pinole was surrounded by water on its western side worked against it when compared
to some of the grant criteria that looked at the number of urban people impacted by the facility.

         5.        GENERAL MANAGER’S COMMENTS

Asst. Fire Chief John Swanson briefed the Board on the on-going fuels management project to thin 140 acres at
Anthony Chabot Regional Park, adding that it is currently about 2/3rds of the way through. He stated that only
trees that are less than 10 inches in diameter are being removed, and the project implements one step of the
Wildfire Hazard Reduction and Resource Management Program approved by the Board in 2010. Asst. Fire
Chief Swanson mentioned that one of the unique methods implemented by the contractor is the use of
helicopters in removing the cut trees from the steepest slopes, which reduces any effect on soil and water
quality. He mentioned that although wildlife surveys were conducted prior to starting, a young pair of nesting
bald eagles were discovered adjacent to the area about a month into the project. A plan has been developed
with the Stewardship Department to protect theses eagles, which are actively being monitored by staff during
the activity period. The California Department of Fish and Game and the US Wildlife Service have been notified
and have provided a positive response to the District strategy.

Brad Olson, Environmental Program Manager, gave a brief presentation on the East Alameda County
Conservation Strategy, stating that the study area covers 19 focal species in 271,485 acres covering Livermore,
Pleasanton, Dublin and Alameda County in 12 regional parks and involves 13 public agencies and 21 public
interest organizations. He added that one of the goals was to streamline the Corps of Engineers permit
process.

         6.        ANNOUNCEMENTS FROM THE CLOSED SESSION

There were no announcements from the Closed Session.

         7.        BOARD COMMITTEE REPORTS
                   a.  Executive Committee (Wieskamp)            (3-22-12)

         8.        BOARD COMMENTS

Director Wieskamp reported on meetings attended. Director Wieskamp
    Attended scheduled meetings of the Executive and Finance Committees;
    Attended the Alameda County CSDA annual dinner meeting;
    Attended Fremont’s State of the City event, and stated that the parking issue on Morrison Canyon was
       brought up some City Council members;
    Attended the Pleasanton Chamber Commerce Awards event;
    Will be attending the April 10 Alamo Canal Undercrossing Dedication;
    Stated that construction is coming along on Stanley Blvd and trail.

Director Dotson reported on meetings attended. Director Dotson
    Stated that he attended the regularly scheduled March Board and Committee meetings;
    Had a one-on-one meeting with AGM Jim O’Connor;
    On March 22, attended a presentation on the draft EIR for the Breuner restoration project, and praised
       the work of District staff Brad Olson as well as the consultant;
    Attended the recent NRPA Legislative Forum in Washington, DC.;
    Stated that Bay Nature had an excellent write-up on the No. Richmond Shoreline on its recent edition.


                                                      5
Unapproved Minutes
Board Meeting of April 3, 2012
Director Siden reported on meetings attended. Director Siden
    On March 7, attended the Alameda City Council meeting for the State of the City discussion;
    On March 8, attended the dedication of new the giraffe barn at the Oakland Zoo;
    Attended the Board Workshop;
    Attended the Alameda County Mayors Conference in Emeryville on March 14;
    Attended the Operations Committee meeting on March 15;
    On March 16, attended the San Leandro Leadership Program event;
    Attended the Women’s Hall of Fame Luncheon in Oakland
    Attended the April 2 San Leandro City Council meeting wherein the Par Course project involving
       Measure WW funds was approved;
    Attended the NRPA Legislative Forum in Washington, DC.

Director Lane reported on meetings attended. Director Lane
    Spoke about her attendance at the recent NRPA Legislative Forum;
    Complimented staff on the quality of various publications and reports generated recently.

Director Radke reported on meetings attended. Director Radke
    Attended the regularly scheduled Board and committee/liaison meetings;
    Announced that the Martinez Easter Egg Hunt in Martinez will be on April 7;
    Will attend the next scheduled Contra Costa CSDA meeting.

Director Severin reported on meetings attended. Director Severin
    Attended the Regional Planning Committee meeting for ABAG;
    Attended scheduled meetings of the Regional Parks Foundation Board, and Operations Committee;
    Attended the CARPD meeting in Sacramento and the CPRS conference in Long Beach;
    Attended the Women’s Hall of Fame Luncheon in Oakland;
    Attended the Ambassador Training program at Coyote Hills;
    Attended the Alameda County CSDA dinner event.

D.       PUBLIC COMMENTS

There were no Public Comments at this time.

E.       ADJOURNMENT

The Board meeting was adjourned by Board President Severin at 5:00 p.m.

Respectfully submitted:

______________________
Allen Pulido, Clerk of the Board
Attachments: Visitors Log, Resolution Nos. 2012 - 04 - 068 to 2012 – 04 - 084




                                                     6
Unapproved Minutes
Board Meeting of April 17, 2012
The Board Meeting, which was held on April 17, 2012 at the East Bay Regional Park District, 2950 Peralta Oaks
Court, Oakland, CA 94605 was called to order at 12:30 p.m. by Board President Carol Severin.

ROLL CALL

Directors Present:           Carol Severin, President
                             John Sutter, Vice President
                             Beverly Lane
                             Doug Siden
                             Ted Radke

Directors Absent:            Ayn Wieskamp, Treasurer
                             Whitney Dotson, Secretary

At this time, the Board of Directors met in Closed Session to discuss those items outlined on the Board
Meeting Closed Session Agenda.

The Open Session of the Board Meeting was called to order at 2:00 p.m. by Board President Carol Severin.

Staff Present Included:             Robert E. Doyle, Dave Collins, Ted Radosevich, Sgt. Tyrone Davis, Carol Johnson,
                                    Mike Anderson, Diane Althoff, Mark Ragatz, Davio Santos, Anne Scheer, Anne
                                    Rockwell, John Swanson, Emily Hopkins, Mike Anderson, Lt. Jon King, Carol
                                    Victor, Diane Althoff, Jim O’Connor, Steve Myli, Jeff Rasmussen, Shelly Lewis,
                                    Carol Johnson, Police Chief Tim Anderson.

A.       APPROVAL OF AGENDA

By motion of Director Sutter and seconded by Director Radke, the Board voted unanimously to approve the
agenda.

Directors Present:           Beverly Lane, Ted Radke, Carol Severin, Doug Siden, John Sutter.
Directors Absent:            Whitney Dotson, Ayn Wieskamp.

B.       PUBLIC COMMENTS

Mary Barnsdale commented that the District should either kill the proposal to put the fill from the shoreline on
the meadow or provide a public hearing regarding the landfill debris at the Albany Beach.

Karla Savage asked that the District consider videotaping its public meetings.

C.       BUSINESS BEFORE THE BOARD

         1.        CONSENT CALENDAR

By motion of Director Radke and seconded by Director Lane, the Board voted unanimously to adopt the
Consent Calendar with the correction noted in C-1-h.

Directors Present:           Beverly Lane, Ted Radke, Carol Severin, Doug Siden, John Sutter.
Directors Absent:            Whitney Dotson, Ayn Wieskamp.
                                                             1
Unapproved Minutes
Board Meeting of April 17, 2012


C-1-a.             Approval of District Check Listing for the Period of March 12, 2012 through
                   March 25, 2012
                   Resolution No. 2012 – 4 - 85                        (attached)

C-1-b.             Authorization to Negotiate with Various Property Owners
                   Resolution No. 2012 – 4 - 86                     (attached)

C-1-c.             Authorization to Apply for Grant Funds from the California Coastal
                   Conservancy for Breuner Marsh Restoration and Public Access Project:
                   Point Pinole Regional Shoreline
                   Resolution No. 2012 – 4 - 87                     (attached)

C-1-d.             Authorization to Amend Contract for Professional Services with Questa
                   Engineering and to Contract with Fugro Consultants: Point Pinole Regional
                   Shoreline
                   Resolution No, 2012- 4 - 88                      (attached)

C-1-e.             Authorization to Enter into a Contract with The Planning Center DC&E to
                   Prepare a NEPA Document: Point Pinole Regional Shoreline
                   Resolution No. 2012 – 4 - 89                       (attached)

C-1-f.             Authorization to Accept Federal Emergency Management Agency Funded
                   Firefighter Radios from the City of El Cerrito
                   Resolution No. 2012 – 4 - 90                    (attached)

C-1-g.             Authorization to Accept Funds from the Contra Costa Water District
                   to Expand Golden Eagle Wind Turbine Study to Include Habitat Use at
                   the Los Vaqueros Watershed
                   Resolution No. 2012 – 4 - 91                     (attached)

C-1-h.             Authorization to Appropriate Funds, Transfer Funds and Accept the Bid
                   for Construction of a Pedestrian Bridge: Round Valley Regional Preserve
                   Resolution No. 2012 – 4 - 92                       (attached)

Director Lane noted that the resolution should be revised to state that the is Martinez, CA.

C-1-i              Authorization to Appropriate Funds, Amend Contract and Encumber
                   Additional Funds for Engineering Services for Testing of Existing Soil
                   Stockpile at Brickyard: Eastshore State Park
                   Resolution No. 2012 – 4 - 93                        (attached)

Director Sutter asked about the testing on the material that was deposited and if soil is still being deposited.
Diane Althoff responded that the largest stockpile does not have test records. She added that there will be two
phases; test the soil to see if it is suitable for re-use and see if it meets the structural properties for a bridge
approach. Asst. District Counsel Victor responded that the District is not depositing soil and not accepting any
more material.


                                                            2
Unapproved Minutes
Board Meeting of April 17, 2012
C-1-j              Approval of Amendments to and the Renewal of Two Sole Source Agreements
                   for Helicopter Turbine Engine Maintenance with Turbomeca USA, Inc.
                   Resolution No. 2012 – 4 - 94              (attached)

Director Siden and Director Sutter requested a response as to the District’s total costs to operate the
helicopter. Lt. Jon King will provide the information at a later date.

         2.        PUBLIC SAFETY DIVISION

C-2-a.             PUBLIC HEARING:
                   An Ordinance of the East Bay Regional Park District Amending Ordinance 38
                   Resolution No. 2012 - 4 –95                (attached)

By motion of Director Sutter and seconded by Director Radke, the Board voted unanimously to adopt item
C-2-a.

Directors Present:           Beverly Lane, Ted Radke, Carol Severin, Doug Siden, John Sutter.
Directors Absent:            Whitney Dotson, Ayn Wieskamp.

Lt. Jon King presented on this item, stating that the review process occurs every 2 years, with this particular
revision beginning in December 2011. Proposed changes were received from members of the public and
District staff and have been through the review process from District Counsel, staff in Operations and Public
Safety. Today’s hearing is the 3rd public meeting. Lt. King reviewed the proposed changes to Ordinance 38 as
noted in the staff report, and summarized the most significant proposals as follows: medical marijuana smoking
prohibited in developed areas (Section 416); no water fowl hunting within 150 yards of developed areas
(Section 800); on-leash designation for a portion of Dunn and Serpentine Prairie trails (Section 801.2 (b)); dogs
on-leash within 200 feet of any parking lot, trail head or staging area (Section 801.2); and a Daytime Curfew
(Section 906.1). Lt. King brought a detailed map of the area where dogs or other animals are required to be on
leash. Pt. Isabel is an exception to these dog leash rules.

President Severin opened the Public Hearing. 42 members of the public completed Speaker Cards.

The horse contingency spoke in favor of 801.2. Members mentioned a horse’s natural behaviors, in particular,
their herd mentality and their inability to be 100% trained. Emphasis was placed on education of dog owners, on
interacting with horses, attacks of dogs on horses as well as the injuries that have occurred between horse and
dog populations. A neighbor that lives on the prairie thought horses should not be allowed. Others agreed with
the change to ensure that dogs are to be in visual contact with their owners. Another mentioned that this is a
people issue and not a dog vs. horse issue and gave specific examples. A suggestion was made to hire interns to
explain the rules to dog owners. Letters were submitted into the record detailing incidences that occurred in
2000, 2001, 2002 between the two user types. A rider expressed the need for horse riders to socialize their
horses to an urban environment. Dog owners are some of the Districts most frequent users. Institution of an
annual permit by the park district was suggested. A horse owner suggested that rather than postpone, why not
implement the changes and then revisit in 6 months or 1 year. Several riders and joggers have stopped riding
and running at Redwood because of dogs and believe they should be on leash.

The dog contingency expressed their concerns; namely that 200 ft. is too far for people with mobility issues,
(copy of Marilyn Saarni’s editorial in the Berkeley Daily Planet was entered into the record), it is too broad a
rule, dogs have been compressed in this area, District should spend resources on education and to place trash

                                                             3
Unapproved Minutes
Board Meeting of April 17, 2012
cans inside the trail at 200 ft. to allow to deposit poop bags. One speaker commented that the staff report is
poorly drafted and is missing data on costs of signage and monitoring the proposed changes. Happy Trails and
Tails submitted a survey that was done from those who visit the park. They also explained their Pup & Pony
Meet & Greets which trains dog and horse owners how to interact on trails. A brochure to explain best
practices for dog and horse interaction was proposed. Several requests were made to delay the vote on the
200 ft. rule.

Lauren Vazquez objected to Section 416 (medical marijuana) and urged the District to repeal the amendment.

Lt. King commented that the idea brought forth by Ms. Barnsdale to list after the 200 ft restriction the words
“as posted” is a wise idea and suggested that it be added to Section 801.2. Director Lane asked if the adoption
of the 200-foot restriction would need to be be posted to be enforceable; Lt. King responded that it is not a
requirement. Director Radke asked if it would automatically be 200 feet in remote areas; Lt. King answered in
the affirmative. Director Lane asked if the 200-foot request of dog owners can specifically be enforceable at
parking lots of 25 spaces and over. District Counsel Radosevich responded that he supports Lt. King and would
like the flexibility to make judgments not tied to a particular number of spaces or availability to address
neighbors and other issues. Staff thinks that adding “as posted” allows judgment to be made by the General
Manager and moved down the organization. Director Sutter added that the “as posted” idea would be that the
General Manager would decide which trail head would have the 200 ft. sign. Director Siden asked Lt. King to
clarify the process that the District went through on Section 416 (medical marijuana). Director Sutter asked
how many incidents and injuries have occurred between horse and dog. Lt. King responded to each board
members questions. Director Lane commented that the District welcomes all users of the parks: bikers, dog
owners and equestrians. She continued that in grappling with user conflicts and issues, staff reviews Ordinance
38 annually and considers the safety of all park users. Director Siden expressed his appreciation to the 42
respectful speakers and added that the District has an obligation to consider safety of all park users. He asked
when the Ordinance 38 changes are effective; District Counsel responded within 30 days. President Severin
further expressed the need to continue education, share research and use talents of those who are committed
to this issue. GM Doyle stated that staff will continue to meet with the association of dog owners and keep the
dialogue open. Director Sutter concurred with Director Siden’s remarks on his appreciation for the comments
expressed today as well as the written comments received from the public, and added that there is no point in
postponing the decision because the District must consider the safety of all park users.

By motion of Director Sutter and seconded by Director Radke, the Board voted unanimously adopt the change
to 801.2 and add “as posted” to the language.

By motion of Director Siden and seconded by Director Radke, the Board voted unanimously to adopt item
C-2-a.

Director Lane left the meeting after the vote.

                   3.        GENERAL MANAGER

C-3-a.             Authorization to Enter into a Loan Secured by a Deed of Trust to the
                   Armand Borel Trust Dated June 20, 1994, as Amended and Restated in
                   2008 Resolution No. 2012-4-96                             (attached)

By motion of Director Sutter and seconded by Director Radke, the Board voted unanimously to adopt
item C-3-a.

                                                         4
Unapproved Minutes
Board Meeting of April 17, 2012
Directors Present:           Ted Radke, Carol Severin, Doug Siden, John Sutter.
Directors Absent:            Whitney Dotson, Beverly Lane, Ayn Wieskamp.

         4.        BOARD AND STAFF REPORTS

                   a.        Actions Taken by Other Jurisdictions Affecting the Park District

GM Doyle discussed those items listed on the staff report.

         5.        GM COMMENTS

GM Doyle asked if the Board wanted to delay the presentation by Steve Myli until next board meeting due to
the lateness of the hour. The Board unanimously agreed. He also spoke about the great work by District
Ambassadors, and added that Director Lane suggested that staff videotape, if possible, the nesting eagles at
Anthony Chabot.

         6.        ANNOUNCEMENTS FROM THE CLOSED SESSION

President Severin announced the following individuals are to serve on oversight boards overseeing the work of
successor agencies for the dissolved redevelopment agencies:

   Agency                         Appointed Director    Staff Alternate           Staff Alternate
   El Cerrito                     Whitney Dotson        David Sumner              Raphael Breines
   Hercules                       Larry Tong            Jim Townsend                  -
   Pinole                         Whitney Dotson        Everett James             David Sumner
   Richmond                       Whitney Dotson        Brad Olson                Chris Barton
   Union City                     Carol Severin         Jeff Rasmussen            Anne Kassebaum

         7.        BOARD COMMITTEE REPORTS

                   a.        Finance Committee            (3-27-12)       (Sutter)
                   b.        Legislative Committee        (2-17-12)       (Radke)
                   c.        Operations Committee         (3-15-12)       (Siden)

Director Siden announced Jeff Wilson’s retirement and Anne Scheer as his replacement. Director Sutter asked
AGM Jim O’Connor what is the staff time and what is being deferred in preparing the Request for Proposals
(RFP) for the Shadow Cliffs waterslides. O’Connor will follow the direction of the committee and prepare the
RFP. GM Doyle stated that the first step is to implement the direction of the committee and then come back to
the board.

         8.        BOARD COMMENTS

Director Radke reported on meeting attended. Director Radke
    Attended the various scheduled committee and Board meetings.

Director Sutter reported on meetings attended. Director Sutter
    Attended the Board Workshops in March;
    Attended the Sierra Club Dinner;

                                                              5
Unapproved Minutes
Board Meeting of April 17, 2012
        Attended the Alameda County Mayors Conference in Hayward;
        Attended the Sunol Wildflower Festival;

Director Severin reported on meetings attended. Director Severin
    Attended the Union City Oversight meeting;
    Attended the Alamo Canal Trail Undercrossing Groundbreaking;
    Attended the Alameda County Mayors Conference in Hayward;
    Attended Bill Louie’s retirement;
    Attending an upcoming tour with the Korean delegation;

Director Siden reported on meetings attended. Director Siden
    Attended the Spring Egg Scramble at Crab Cove;
    Attended Bill Louie’s Retirement;
    Attended the EDA Development Alliance Retreat at Lake Temescal;
    With GM Doyle and AGM Collins, met with City of Alameda’s Mayor and City Manager;
    Held his Appreciation Coffee meeting for the staff at Crown Beach.

D.       PUBLIC COMMENTS

Steve Soderstrom commented on Ordinance 38, making better use of the helicopter and Level 1 training of
park staff

E.       ADJOURNMENT

The meeting was adjourned at 5:20 p.m. by Director Severin.

Respectfully submitted:

_______________________
Yolande Barial, Acting Clerk of the Board
Attachments: Visitors Log, Resolution Nos. 2012 – 04 – 85 to 2012 - 04 -96.




                                                     6
                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               c.     Authorization to Negotiate with Various Property Owners
                                                          (Musbach/Wenninger)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the General Manager
and the Assistant General Manager, Land Division, to negotiate with:

APN/ADDRESS                          PROPERTY OWNER                PARK/TRAIL
Alameda County
099B-5300-001-02                     William E. Ralph Tr.          Brushy Peak Regional Park
 North Vasco Road, Livermore

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

None are recommended.
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                          June 6, 2012

       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 June 6, 2012; and

        BE IT FURTHER RESOLVED that the General Manager and the Assistant General
Manager, Land Division, are hereby authorized by the Board of Directors on behalf of the East
Bay Regional Park District and in its name to negotiate the price and terms of payment of the
following parcels of real property:

  APN/ADDRESS                          PROPERTY OWNER               PARK/TRAIL
  Alameda County
  099B-5300-001-02                     William E. Ralph Tr.      Brushy Peak Regional Park
   North Vasco Road, Livermore

      Moved by Director                      , and seconded by Director                  , and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
          AUTHORIZATION TO NEGOTIATE
                                                                                                                                                                   Environmental Programs
                                                                                                                                                                           & GIS Applications
                                                                                                                                                                     t:\bstone\mxd projects\

          Date: June 6, 2012
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    APN:      099B-5300-001-02
    Location: N. Vasco Road, Livermore, CA.
                                          AGENDA
                                      REGULAR MEETING
                                     BOARD OF DIRECTORS

                             EAST BAY REGIONAL PARK DISTRICT

                                     Wednesday, June 6, 2012

C.      BUSINESS BEFORE THE BOARD

        1.      CONSENT CALENDAR

                d.      Authorization to Transfer Funds for Land Acquisition Department Projects
                                                                         (MusbachWenninger)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the transfer of
Measure WW and Habitat Conservation funds for land acquisition capital project accounts which
exceed current appropriations.

REVENUE/COST

Periodically it is necessary to review acquisition project accounts still in their preliminary stage in
order to make adjustments to meet expected administrative costs of the projects. . Funding is
available with the capital fund, appropriated in the project 230000 Future Preliminary Acquisitions
to transfer to these three projects.

PROPOSED TRANSFER TO:

Riley Property-Measure WW Funds
from Black Diamond Allocation Area
Account No. 237900WP09-100                                              $50,000.00

Zwissig Property-Measure WW Funds
from Pleasanton Ridge Allocation Area
Account No. 237100WP48-100                                               18,024.04

Concord Naval Weapons Station/Land Waste Management
Land Habitat Conservation Plan Funds
Account No. 217900LHCP-100                                                  433.38
              Total Transfer:                                           $68,457.42

BACKGROUND

From time to time, certain capital acquisition projects experience unforeseen complications, such
as the need for multiple appraisals, extraordinary legal fees, prolonged negotiations and other
matters that are beyond staff control which require additional staff time and professional fees.
There are currently three capital acquisition projects which have received prior appropriations
and which now need additional funds in order to continue acquisition activities on these projects.
This recommendation will transfer funds from Measure WW and Habitat Conservation funds as
shown on the attached Budget Change form to allow staff to continue to work on these projects.

ALTERNATIVES

No alternatives are recommended.
                           EAST BAY REGIONAL PARK DISTRICT

                                RESOLUTION NO.: 2012 – 06 -

                                          June 6, 2012

                      AUTHORIZATION TO TRANSFER FUNDS FOR
                      LAND ACQUISITION DEPARTMENT PROJECTS

        WHEREAS, a major objective of East Bay Regional Park District is to acquire regional park
and trail properties; and

       WHEREAS, in support of this goal, the voters of the District passed the Measure WW
Bond in 2008 for acquisition and development of parklands; and

       WHEREAS, from time to time, certain capital acquisition projects experience unforeseen
complications, such as the need for multiple appraisals, extraordinary legal fees, prolonged
negotiations and other matters that are beyond staff control; and

       WHEREAS, there are currently three capital acquisition projects which have received
prior appropriations and these appropriations have been exceeded; and

        WHEREAS, additional funds are now needed in order to continue acquisition activities on
these projects requiring additional staff time and professional fees, and this recommendation will
transfer funds to allow staff to continue these projects;

       NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of East Bay Regional
Park District hereby authorizes the transfer of $ 68,024.04 Measure WW and $ 433.38 Habitat
Conservation funds from project 230000 Future Preliminary Acquisitions to specified projects as
shown on the attached Budget Change form; and

        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed,
on behalf of the District and in its name, to execute and deliver such documents and to do such
acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.

      Moved by Director                          , seconded by Director                      , and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                     EAST BAY REGIONAL PARK DISTRICT
                          BUDGET CHANGE FORM
        NEW APPROPRIATIONS                     BUDGET TRANSFERS
 X From New Revenues               X Between Projects
                                     From Another Department
      DECREASE BUDGET                                                     INCREASE BUDGET
                                                 AMOUNT                                                         AMOUNT
         ACCOUNT                                                             ACCOUNT
 Account Name: Expense: Capital                                   Account Name: EXPENSE: Capital
 Project Fund—Land Acquisition-                                   Project—Land Acquisition—Black
 Future Preliminary Acquisition-                                  Diamond –Riley Property Acquisition-
 Measure WW                                                       Measure WW Black Diamond
                                                                  Allocation Area-Administrative Costs


 Account # 333-6330-000-7010/                $     68,024.04      Account #: 333-6330-102-7010/                $    50,000.00
 230000 WW00-100                                                  237600 WP09-100
 Account Name: Expense: Capital                                   Account Name: EXPENSE: Capital
 Project Fund—Land Acquisition-                                   Project—Land Acquisition—
 Future Preliminary Acquisition-                                  Pleasanton Ridge-Zwissig Property-
 Land Habitat Conservation Plan                                   Measure WW Pleasanton Ridge
                                                                  Allocation Area-Administrative Costs


 Account # 333-6330-000-7010/                $         433.38     Account #: 333-6330-102-7010/
 230000 LHCP-100                                                  237100 WP48-100                              $    18,024.04
                                                                  Account Name: EXPENSE: Capital
                                                                  Project—Land Acquisition—
                                                                  CNWS/Land Waste Management
                                                                  Property LHCP Funds-Administrative
                                                                  Costs


                                                                  Account #: 333-6330-102-7010/                $         433.38
                                                                  217900 LHCP-100

REASON FOR BUDGET CHANGE ENTRY:
As being presented at the Board of Directors meeting on June 6, 2012 the General Manager recommends that
the Board of Directors authorize the transfer and appropriaton of $433.38 LHCP funds for project 217900
CNWS / Land Waste Management; $18,024.04 Measure WW from the Pleasanton Ridge allocation area to
project 237100 Zwissig Property; and $ 50,000 Measure WW funding from Black Diamond allocation Area to
augment the projects’ budgets. These three projects have expenditures that exceed the current budget.
                                As Approved at the Board of Directors Meeting on:                   Date:   06/06/2012

                                                          Board of Directors Resolution               No. 2012-06
         Posted By:                                                                                  Date:




 T:\BOARDCLK\BOARD MATERIAL\2012\10 - June 6\C-1-d LAND - 2012 CIP funds Budget Change Form ver 2.docx
                                         AGENDA
                                     REGULAR MEETING
                                    BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               e.      Authorization to Amend the Contract for Services with Callander
                       Associates to Include Final Design Services Required for the TIGER II-
                       Funded Santa Rita Road to Dublin BART Segment: Iron Horse Regional
                       Trail                                          (Townsend/Wenninger)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an amendment to the
Contract for Services with Callander Associates in the amount of $114,719 for final design
services required for the Santa Rita Road to BART segment of the Iron Horse Regional Trail.

REVENUE/COST

The original contract amount awarded was for $346,518 and was subsequently amended to
include an additional $97,499 for traffic engineering services and the relocation of existing
facilities for a total of $444,017. The additional cost for the final design services required is
$114,719 for a total of $558,736. Funding is available in CIP No. 147401.

BACKGROUND

By Resolution No. 2011-5-094, adopted May 3, 2011, the General Manager was authorized to
award a Contract for Services in the amount of $346,518 to Callander Associates for
preparation of preliminary design and the environmental documents required for the Santa Rita
Road to Dublin BART segment of the Iron Horse Regional Trail. In September 2011, by
Resolution No. 2011-9-219, an additional $88,580 was authorized to facilitate the relocation of
existing recreational facilities located with the District’s licensed trail corridor. In April 2012,
the contract for services was again amended to include an additional $8,919 for required traffic
engineering services.

This project will close a 1.6-mile gap in the Iron Horse Trail in Pleasanton, traversing the
Hacienda Business Park, residential neighborhoods and a city park. 65% engineering plans have
been completed, a CEQA (California Environmental Quality Act) Categorical Exemption has
been filed, and NEPA (National Environmental Policy Act) certification is complete. The District
is working to finalize the right of way agreements necessary for this segment of the trail, which
can be completed now that NEPA clearance has been secured. The project will be funded in
part by federal TIGER II (Transportation Investment Generating Economic Recovery) funds. In
                                                 1
order to meet the TIGER II-imposed deadline of September 10, 2012 to obligate the federal
funds for construction, final design must be initiated now. This action will allow the District and
Callander Associates to proceed with the final design and meet the September 2012 TIGER II
deadline.

ALTERNATIVES

No alternative is recommended.




                                                2
                             EAST BAY REGIONAL PARK DISTRICT

                                 RESOLUTION NO.: 2012 – 06 -

                                            June 6, 2012

        AUTHORIZATION TO AMEND THE CONTRACT FOR SERVICES WITH
    CALLANDER ASSOCIATES TO INCLUDE FINAL DESIGN SERVICES REQUIRED FOR
       THE TIGER II-FUNDED SANTA RITA ROAD TO DUBLIN BART SEGMENT:
                         IRON HORSE REGIONAL TRAIL

       WHEREAS, by Resolution No. 2011-5-094, , adopted May 3, 2011, the General Manager
was authorized to enter into a Contract for Services in the amount of $346,518 with Callander
Associates for the preparation of preliminary design and environmental documents required for
the Santa Rita Road to Dublin BART segment of the Iron Horse Regional Trail in Pleasanton;
and

        WHEREAS, in September 2011, Resolution No. 2011-9-219 authorized an additional
$88,580 to facilitate the relocation of existing recreational facilities located within the District’s
licensed trail corridor, and in April 2012 a third amendment in the amount of $8,919 was
executed to complete additional traffic engineering required for the project; and

      WHEREAS, Callander Associates has completed 65% engineering drawings, and CEQA
and NEPA documents for the project have now been completed; and

       WHEREAS, federal regulations prohibit the initiation of a final design prior to NEPA
clearance, and the TIGER II funds must be obligated by September 10, 2012; and

        WHEREAS, this action will allow the District and Callander Associates to complete the
final design to meet the TIGER II deadline; and

       WHEREAS, this amendment has no effect on any firm’s ability to bid or solicit these
services; and

       WHEREAS, all other terms and conditions of the original Contract for Services will
remain unchanged;

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager, on its behalf, to amend the Iron
Horse Regional Trail Santa Rita Road to Dublin BART Contract for Services with Callander
Associates to include an additional $114,719 for final design services required for the project;
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



                                                  1
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.

      Moved by Director                              , seconded by Director              , and
adopted this 6th day of June 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:




                                              2
                             IRON HORSE REGIONAL TRAIL
                             Dublin/Pleasanton BART to
     Environmental Programs
                             Santa Rita Road Segment
         & GIS Applications
         September 1, 2011
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                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                           EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              f.      Authorization to Amend the Contract for Services with Nolte Vertical
                      Five for Final Design and Bid Support Required for the TIGER II-Funded
                      Martinez Intermodal to Crockett Segment: San Francisco Bay Trail
                                                                      (Townsend/Wenninger)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an amendment to the
Contract for Services with Nolte Vertical Five for final design and bid support services required
for the Martinez Intermodal to Crockett segment of the San Francisco Bay Trail.

REVENUE/COST

The original contract amount awarded was for $649,915. The additional cost for the design and
bid support services required is $253,490, for a total of $903,405. Funding is available in CIP
No. 148500.

BACKGROUND

By Resolution No. 2011-5-110, adopted May 17, 2011, the General Manager was authorized to
award a Contract for Services in the amount of $649,915 to Nolte Vertical Five for preparation
of preliminary design and the environmental documents required for the Martinez Intermodal
to Crockett segment of the San Francisco Bay Trail. The project will repurpose 1.7 miles of the
former Carquinez Scenic Drive in the Martinez area into a segment of the San Francisco Bay
Trail. The former roadway was closed in 1983 due to slope failures and erosion. To date, Nolte
Vertical Five has completed extensive geotechnical investigations and a value engineering
process resulting in 65% engineering drawings. A CEQA (California Environmental Quality Act)
Categorical Exemption has been filed, and NEPA (National Environmental Policy Act)
certification is pending. The District has entered into a Memorandum of Understanding with
Contra Costa County to acquire the former road right of way after NEPA clearance has been
secured and federal funding to construct the project has been obligated.

The project will be funded in part by a federal earmark transferred by Contra Costa County to
the District and by federal TIGER II (Transportation Investment Generating Economic
Recovery) funds. Federal regulations prohibit the initiation of final design prior to obtaining
NEPA clearance. In order to meet the TIGER II-imposed deadline of September 10, 2012 to
                                               1
obligate funds for construction, final design must be initiated immediately upon NEPA clearance.
This action will allow the District and Nolte Vertical Five to proceed with the final design upon
NEPA clearance and meet the September 2012 TIGER II deadline.

ALTERNATIVES

No alternative is recommended.




                                               2
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                         June 6, 2012

       AUTHORIZATION TO AMEND THE CONTRACT FOR SERVICES WITH
  NOLTE VERTICAL FIVE FOR FINAL DESIGN AND BID SUPPORT SERVICES REQUIRED
   FOR THE TIGER II-FUNDED MARTINEZ INTERMODAL TO CROCKETT SEGMENT:
                         SAN FRANCISCO BAY TRAIL

       WHEREAS, by Resolution No. 2011-5-110, , adopted May 17, 2011, the General
Manager was authorized to enter into a Contract for Services in the amount of $649,915 with
Nolte Vertical Five for the preparation of preliminary design and environmental documents
required for the Martinez Intermodal to Crockett segment of the San Francisco Bay Trail; and

       WHEREAS, the project will repurpose as a segment of the Bay Trail 1.7 miles of
Carquinez Scenic Drive in the Martinez area that was closed in 1983 due to slopes failures and
erosion; and

        WHEREAS, Nolte Vertical Five has completed extensive geotechnical investigations and
a value engineering process resulting in 65% engineering drawings, the District has entered into
a memorandum of agreement with Contra Costa to secure the right of way required for the
project and NEPA certification is pending; and

       WHEREAS, federal regulations prohibit the initiation of final design prior to NEPA
clearance, and the TIGER II funds must be obligated by September 10, 2012; and

        WHEREAS, this action will allow the District and Nolte Vertical Five to proceed with
final design immediately upon NEPA clearance to meet the TIGER II deadline; and

       WHEREAS, this amendment has no effect on any firm’s ability to bid or solicit these
services; and

       WHEREAS, all other terms and conditions of the original Contract for Services will
remain unchanged;

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager, on its behalf, to amend the
Martinez Intermodal to Crockett Contract for Services with Nolte Vertical Five to include an
additional $253,490 for final design and bid support services required for the project; and




                                               1
        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.

      Moved by Director                              , seconded by Director              , and
adopted this 6th day of June 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:




                                              2
                                                SAN FRANCISCO BAY TRAIL
                                                Martinez Intermodal Station to Crockett
Environmental Review & GIS Applications
t:\bstone\mxd projects\trails\                                                                                                                             0    0.04   0.08    0.16
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February 1, 2011
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                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                           EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              g.      Authorization to Amend the Contract for Services with URS
                      Corporation for Final Design, California Public Utilities Commission and
                      Union Pacific Railroad Approval and Bid Support Services Required for
                      the TIGER II-Funded Pinole Shores to Bayfront Park Segment:
                      San Francisco Bay Trail                        (Townsend/Wenninger)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize an amendment to the
Contract for Services with URS Corporation for final design, California Public Utilities
Commission and Union Pacific Railroad approval and bid support services required for the
Pinole Shores to Bayfront Park segment of the San Francisco Bay Trail.

REVENUE/COST

In a prior phase, preliminary engineering and an Environmental Impact Report pursuant to
CEQA were completed at a cost of $460,000. The original contract amount awarded for this
phase of the project pursuant to Resolution No. 2011-7-162 was $649,905. The additional cost
for final design, CPUC and Union Pacific Railroad approvals and bid support services required is
$126,945, for a total of $776,850. Funding is available in CIP No. 147100.

In 2009, the District received $500,000 from the West Contra Costa Transportation Advisory
Committee to complete the preliminary engineering and state-required environmental studies
for the project. An additional $600,000 from the District’s TIGER II grant has been obligated
for the completion of final design, permitting and CPUC and Union Pacific Railroad approvals.

BACKGROUND

By Resolution No. 2010-1-015 adopted January 12, 2010, the General Manager was authorized
to award a Contract for Services in the amount of $460,000 to URS Corporation for
preparation of preliminary engineering, survey, geotechnical studies and the preparation of an
Environmental Impact Report pursuant to the California Environmental Quality Act required to
develop the Pinole Shores to Bayfront Park segment of the San Francisco Bay Trail. The major
feature of this half-mile Bay Trail segment is a 1,100-ft. bridge crossing over the Union Pacific
Railroad right of way adjacent to San Pablo Bay.

                                               1
In October 2010, the District was awarded $10.2 million in federal TIGER II funds. $600,000 of
those funds was obligated to complete the final design, obtain federal environmental clearance
under the National Environmental Policy Act, and secure the required approvals from the
California Public Utilities Commission and Union Pacific Railroad. Federal regulations prohibit
the initiation of final design prior to obtaining NEPA clearance. Therefore, the Contract for
Services with URS Corporation in the amount of $649,905 authorized by Resolution No. 2011-
7-162 did not include final design for the project. This action will allow the District and URS
Corporation to proceed with the final design and permitting upon NEPA clearance. While
sufficient funding to construct the project has not yet been identified, it will be “shovel ready”
and eligible for any federal, state or local funding that may become available.

ALTERNATIVES

No alternative is recommended.




                                                2
                          EAST BAY REGIONAL PARK DISTRICT

                             RESOLUTION NO.: 2012 – 06 -

                                       June 6, 2012

       AUTHORIZATION TO AMEND THE CONTRACT FOR SERVICES WITH
URS CORPORATION FOR FINAL DESIGN, CALIFORNIA PUBLIC UTILITIES COMMISSION
AND UNION PACIFIC RAILROAD APPROVAL AND BID SUPPORT SERVICES REQUIRED
    FOR THE TIGER II-FUNDED PINOLE SHORES TO BAYFRONT PARK SEGMENT:
                         SAN FRANCISCO BAY TRAIL

       WHEREAS, in a previous phase of this project, authorized by Resolution No. 2010-1-
015 adopted January 12, 2010, URS Corporation completed preliminary engineering and an
environmental document pursuant to CEQA for this project; and

       WHEREAS, in October 2012 the District was awarded $10.2 million in Federal TIGER II
funds to support the District’s Green Transportation Initiative; and

       WHEREAS, $600,000 of the $10.2 million TIGER II grant was obligated for final design
and federal environmental clearance of the project; and

       WHEREAS, by Resolution No. 2011-7-162 adopted July 19, 2011, the District entered
into a new Contract for Services with URS Corporation in the amount of $649,905 for 65%
design and the preparation of a federal environmental document pursuant to the National
Environmental Policy Act; and

       WHEREAS, federal regulations prohibit the initiation of final design prior to NEPA
clearance, and the TIGER II funds must be obligated by September 10, 2012; and

        WHEREAS, this action will allow the District and URS Corporation to proceed with
final design immediately upon NEPA clearance to meet the TIGER II deadline; and

       WHEREAS, this amendment has no effect on any firm’s ability to bid or solicit these
services; and

       WHEREAS, all other terms and conditions of the original Contract for Services will
remain unchanged;

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager, on its behalf, to amend the
Pinole Shores to Bayfront Park Contract for Services with URS Corporation to include an
additional $126,945 for final design and bid support services required for the project; and




                                            1
        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.

      Moved by Director                              , seconded by Director              , and
adopted this 6th day of June 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:




                                              2
 East Bay
                                                                                                                                                                                        Legend
                                                           San Francisco Bay Trail
 Regional Park District                                    Pinole Shores to Bayfront Park                                                                                                       Existing SF Bay Trail

  Environmental Review & GIS Applications                                                                                                                                                          Proposed SF Bay Trail
  t:\bstone\mxd projects\trails\
  sfbaytrail\sfbt_PinoleShores
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  June 25, 2011




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                                         AGENDA
                                     REGULAR MEETING
                                    BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               h.     Authorization to Accept the Renewal of Existing Insurance Programs
                                                                   (Moss/Radosevich)

RECOMMENDATION

The General Manager and Board Finance Committee (by unanimous vote) recommend that the
Board of Directors accept the renewal of existing insurance programs for general liability,
property insurance, watercraft, crime, aviation, and workers’ compensation excess insurance
coverage, and include an additional cyber liability coverage.

REVENUE / COST

The 2012 Adopted Budget within the Workers’ Compensation Fund and the Liability Fund-Risk
Department-Services includes sufficient funding to accommodate the proposed encumbrances
outlined below.

PROPOSED ENCUMBRANCE:

Liability Fund-Risk Department-Premiums
Account No. 555-2130-000-6801                                               $ 713,347

Workers’ Compensation Fund-Risk Department-Premiums
Account No. 552-2130-000-6801                                               $ 280,759

BACKGROUND

The District has been well-served by placing insurance coverage through the public entity
pooled program (CSAC-Excess Insurance Authority) for property, liability, watercraft, and
excess workers’ compensation, and individual coverage (through Hub International Insurance)
for crime and aviation insurance. The pooled placement (with a substantial number of other
California public entities) has provided the District with the benefit of piggybacking on a volume
discount for liability exposure, workers’ compensation, and property coverage. Coverage for
aviation (helicopter) insurance and crime are tailored to the District’s history of lack of losses.
Thus, the combined placement gives the District the best coverage at a very reasonable cost.
This year there is a 20% increase in property insurance cost. The increase is due to an overall
increase in insurance pricing (5%); increase in earthquake values (20%); increase in overall
values by adding new piers and buildings such as Tidewater; updating older values; and loss
record from three substantial fires—Gillespie Group Camp, Ardenwood, and Tilden equipment
shop. The burned equipment shop at Tilden was valued at $894,324, yet the ultimate cost
recovery via insurance will be three times that value at approximately $3 million.

Presently there is coverage for cyber liability, which covers losses in the event the District’s
network security is harmed or breached. As of January 1, 2013, this coverage will be separated
from the present property coverage, at a cost of $900 per year. Although very unlikely it
would ever be needed, the minimal annual cost compared to the cost and time associated with
reconstruction of electronic records make this a worthwhile added expense.

This item was reviewed and approved by the Board Finance Committee at their meeting on
May 22, 2012. The Board Finance Committee recommended renewal of the following
insurance programs:

             $284,947 for general liability insurance
             $320,000 for property insurance
             $3,000 for watercraft
             $4,500 for crime
             $100,000 for aviation
             $280,759 for workers’ compensation excess insurance
             $900 for cyber liability

ALTERNATIVES

No alternatives are recommended for replacing insurance coverage. These insurance policies
are important to managing the District’s operations. Self-funding or pay-as-you-go may be an
alternative, but may imperil the financing of District operations unless sufficiently financed.
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                          June 6, 2012

 AUTHORIZATION TO ACCEPT THE RENEWAL OF EXISTING INSURANCE PROGRAMS


       WHEREAS, the District's Risk Management Program has identified the District's areas of
potential exposure to loss, and has evaluated options for the financing of such potential losses;

       WHEREAS, the General Manager recommends that insurance is the most cost-efficient
means for managing potential exposure to loss; and

       WHEREAS, the District has received and reviewed coverage available from the CSAC
Excess Insurance Authority public entity risk sharing pool and Hub Insurance International, and
recommends acceptance of coverage at limits selected by the District.

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby accepts the renewal premium quotations for general liability
coverage at (at the not-to-exceed cost of) $284,947, for aviation insurance at $100,000, for
crime insurance at $4,500, and for watercraft insurance $3,000, for property at $320,000,
workers’ compensation excess at $280,759, and adding cyber liability coverage at $900; and

      BE IT FURTHER RESOLVED that funds for total premiums are budgeted and available in
Account No. 555-2130-000-6801 (General Liability Fund-Risk Department-Premiums) and in
552-2130-000-6801 (Workers’ Compensation Fund-Risk Department-Premiums); and

        BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and its name, to execute and deliver such documents and to
do such acts as may be deemed necessary or appropriate to accomplish the intention of this
resolution.

      Moved by Director                          , seconded by Director                    , and
              th
adopted this 6 day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.       BUSINESS BEFORE THE BOARD

         1.     CONSENT CALENDAR

                i.     Authorization to Enter into a Contract for Workers’ Compensation
                       Claims Administration with Athens Administrators (Moss/Radosevich)

RECOMMENDATION

The General Manager and Board Finance Committee (by unanimous vote) recommend that the
Board of Directors authorize entering into of a three-year contract for workers’ compensation
claims administration with Athens Administrators, whose primary office is in Concord,
California, and to prefund for related claims expenses.

REVENUE/COST

The Workers’ Compensation Fund and the 2012 Adopted Budget provide sufficient funding for
anticipated 2012 expenses. The annual cost associated with entering into a three-year contract
with Athens Administrators is as follows:

        $232,086 for 7/1/2012 to 6/30/13
        $236,841 for 7/1/2013 to 6/30/14
        $244,868 for 7/1/2014 to 6/30/15

PROPOSED ENCUMBRANCE:
     Account 552-2130-000-6xxx
     Workers’ Compensation Fund-Risk Department-Services

         PROPOSED ENCUMBRANCE FOR 2011:                                 $ 116,043

PROPOSED DEPOSIT:
     Account 552-0000-000-1510
     Workers’ Compensation Fund-Non-Departmental-Deposits
     Prefunding of Claim Expenses                                       $ 250,000
BACKGROUND

The District has contracted with Bragg & Associates for claims management over fourteen
years. Three years ago, Bragg & Associates was purchased by York Risk Services Group. Since
then, there has been a series of administration issues that has required considerable effort by
District staff to keep a high quality claims management and services to injured employees.

Over the last several years, there has been an erosion of service with York. Of particular
concern was a sudden increase in reserves, adding over $1 million to pay for future medical
costs on older claims, adding about 25% to the total value of claims. The increase in reserves
decreased the confidence level of program funding from over 90% to just under 70%. Risk
Department staff believes that the decrease in services yields a decrease in the quality of
response for injured workers, and ultimately an increase in claims cost. The $1 million in
increased medical reserves has an impact on District finances.

Several months ago, Risk Department staff solicited bids for a three-year contract with several
recognized established third party workers’ compensation administrators, including the current
provider. The District reviewed and evaluated three competing proposals to provide these
services along with the current provider. Risk Department staff then held a detailed internal
meeting, which included District Counsel and outside legal counsel, who work in the workers’
compensation field, to narrow down the proposal to a limited group. After further discussions,
review, and direct meetings with the final two companies, Legal/Risk staff believes that the
proposal by Athens Administrators will best serve the District’s long-term interests, and
produce a higher quality of service and lower costs to the District.

Athens Administrators will require $250,000 to pre-fund the account for payment of incoming
claim expenses.

ALTERNATIVES

Delivery of workers’ compensation benefits is mandated by State law. A third-party contractor
has been always used by the District because the cost of in-house administration would be at
least twice the cost. Therefore, claims administration by a selected contractor is the cost-
effective means for this necessary expenditure.
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                         June 6, 2012

 AUTHORIZATION TO ENTER INTO A CONTRACT FOR WORKERS’ COMPENSATION
         CLAIMS ADMINISTRATION WITH ATHENS ADMINISTRATORS

       WHEREAS, the delivery of workers’ compensation benefits is mandated by State law;
and

       WHEREAS, Athens Administrators has submitted a competitive bid for services for
administration and management of the District’s workers’ compensation claims; and

        WHEREAS, the General Manager and Board Finance Committee recommend that the
District enter into a three-year contract with Athens Administrator for workers’ compensation
claims administration;

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes a contract for workers’ compensation claims
administration with Athens Administrators as follows: $232,086 for 7/1/2012 to 6/30/13;
$236,841 for 7/1/2013 to 6/30/14; and $244,868 for 7/1/2014 to 6/30/15; and

        BE IT FURTHER RESOLVED that funds for this contract in 2012 are budgeted and
available in Account 552-2130-000-6xxx (Workers’ Compensation–Risk Department-Services)
and that approval of the contract will necessitate prefunding of $250,000 for anticipated claims
expenses from Account 552-0000-000-1510 (Workers’ Compensation Fund-Non-
Departmental-Deposits); and

        BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and its name, to execute and deliver such documents and to
do such acts as may be deemed necessary or appropriate to accomplish the intention of this
resolution.

      Moved by Director                            , seconded by Director                 , and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                         AGENDA
                                     REGULAR MEETING
                                    BOARD OF DIRECTORS

                             EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              j.     Authorization to Augment the Construction Contingency for Landslide
                     Repair at Bollinger Canyon Road: Las Trampas Regional Wilderness
                                                                   (Althoff/M. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the augmentation of the
construction contingency in the amount of $121,150 for construction of landslide repairs along the
creek bank at Bollinger Canyon Road near the entrance to Las Trampas Regional Wilderness.

REVENUE/COST

Under the provisions of the Stafford Act and the Federal Emergency Services Administration (FEMA)
Guidelines, the actual costs of federal emergency repair projects are fully reimbursable provided
they are constructed in accordance with the FEMA approved scope of work. The proposed
construction contingency augmentation is therefore based on expected FEMA reimbursement of
100% of project costs. Consistent with the FEMA grant program, District staff has notified the
California Emergency Management Agency of the unforeseen expansion of the authorized scope of
work.

EXISTING SOURCE OF FUNDS
      Current Approved Project Budget
      Bollinger Canyon: Landslide Repair
              Project No. 171400                                       $ 866,021
      Expenditures and Encumbrances to Date                              678,477
                                         Funds Available               $ 187,544

PROPOSED CONSTRUCTION CONTINGENCY AUGMENTATION
     Existing Construction Contingency
     In Project No. 171400 for Bollinger Canyon: Slide Repair          $ 101,900
     Proposed Augmentation of Construction Contingency
             From FEMA Approved Scope and Budget Balance                 121,150
                                         TOTAL CONTINGENCY             $ 223,050

UNENCUMBERED BALANCE REMAINING                                         $ 66,393


                                              1
BACKGROUND

The Board of Directors of the East Bay Regional Park District authorized the award of a construction
contract with Northwest Demolition, San Francisco, CA for landslide repairs at Bollinger Canyon
Road in Las Trampas Regional Wilderness at the regularly scheduled Board meeting of May 3, 2011.
The awarded contract amount was $307,638. The authorized construction contingency was
$76,900, which was subsequently augmented in the amount of $25,000 by Board Resolution No.
2011-10-232. This second, proposed augmentation of $121,150 would raise the total contingency
amount to $223,050, approximately 72% of the original contract value.

Work under the original contract scope includes reconstruction and stabilization of the damaged
slope along the creek bank at the southwestern end of Bollinger Canyon Road, approximately 1300-
feet northwest of the Park entry gate. The most significant item of work is the installation of a 100-
foot long retaining wall constructed of steel soldier beams set in concrete piers with horizontal
timber lagging. During the design development phase, staff engaged the services of a geotechnical
engineering consultant who performed borings and advised on the depth of the piers. However,
once the contractor began to drill the holes for the concrete piers a second, deeper slide plane was
revealed requiring horizontal anchoring of the retaining wall.

Work in the creek is constrained by various regulatory windows to between September 1st and
October 31st. Once the second slide plane was discovered late in September 2011, it appeared the
quickest solution and turnaround time would be to install a single, helical anchor turned horizontally
60-feet into the slope at each of the sixteen (16) soldier beams. However, it proved impossible to
obtain FEMA approval and install the necessary anchors within the regulatory window. A change
order was subsequently issued to stop contract work over winter and install best management
practices as necessary to stabilize the creek bank and preclude further erosion.

Other geotechnical engineering alternatives have since been analyzed and it has been determined
that the more traditional tie back method of drilling rods into the slope and grouting them in place
would be the best overall solution. The additional work would include installation of (2) tie backs
per soldier beam (32 total), with each rod drilled horizontally 45-feet into the slope.

Based on current change order estimates of $193,050, staff anticipates that the overall contract
amount will increase to approximately $500,700. An additional $30,000 in contingency funds would
be set aside for unforeseen conditions during the balance of the contract work. Additional
construction inspection, biological monitoring and geotechnical engineering oversight will also be
required to support the additional work.

FEMA has approved this change in method of landslide repair and allowed a time extension for
construction completion until December 31, 2012. However, FEMA has also determined that
additional environmental review is required. Work under this construction contract will resume
once the revised scope is cleared for environmental compliance and the construction window
reopens.

ALTERNATIVES

None are recommended. Additional anchoring of the retaining wall is necessary due to substrate
conditions, and FEMA has authorized a change in scope of work and completion date.

                                                2
                          EAST BAY REGIONAL PARK DISTRICT

                              RESOLUTION NO.: 2012 – 06 -

                                        June 6, 2012

       AUTHORIZATION TO AUGMENT THE CONSTRUCTION CONTINGENCY
            FOR LANDSLIDE REPAIRS AT BOLLINGER CANYON ROAD:
                   LAS TRAMPAS REGIONAL WILDERNESS


        WHEREAS, the Board of Directors of the East Bay Regional Park District authorized
the award of a construction contract with Northwest Demolition, San Francisco, CA for
landslide repairs at the Bollinger Canyon Road entrance to Las Trampas Regional Wilderness at
the regularly scheduled meeting of May 3, 2011: and

        WHEREAS, work being performed under this contract includes earthwork, installation
of 100-feet of retaining wall construction of steel soldier beans set in concrete piers with
timber lagging, drainage improvements, water line repair, asphalt concrete overlay of the
existing road and erosion control work as required to reconstruct and stabilize the damaged
slope at the creek bank; and

        WHEREAS, during the course of construction a second slide plane was discovered
requiring additional anchoring of the retaining wall supports through the use of tiebacks; and

       WHEREAS, under the provisions of the Stafford Act and the Federal Emergency
Services Administration (FEMA) Guidelines, the actual costs of federal emergency repair
projects are fully reimbursable provided all work is performed in accordance with the FEMA
approved scope of work and FEMA has authorized this change in scope and allowed the
additional time needed to effect the slide repairs; and

        WHEREAS, there is an approved FEMA budget balance available in Capital Project No.
171400 (Bollinger Canyon: Landslide Repair) to augment the construction contingency for this
landslide repair project;

       NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby authorizes the encumbrance of additional construction
contingency funds in the amount of $121,150 for a total contingency of $223,050; and

        BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
      Moved by Director                          , seconded by Director   , and
approved this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                            AGENDA
                                        REGULAR MEETING
                                       BOARD OF DIRECTORS

                               EAST BAY REGIONAL PARK DISTRICT

                                       Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               k.      Authorization to Accept the Bid for Construction of Bank Stabilization and
                       Access Improvements: Lake Chabot Regional Park (Althoff/M. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize acceptance of the Base
Bid of Grade Tech, Inc., Castro Valley, CA in the amount of $415,000 and set aside a construction
contingency in the amount of $65,000 for a total of $480,000 for construction of bank stabilization
and access improvements at Lake Chabot Regional Park.

REVENUE/COST

EXISTING SOURCE OF FUNDS
      Current Approved Project Budget
      Whole Park Access
            Project No. 535600                                             $ 864,397
            Total Expenditures and Encumbrances to Date                      151,592
                                       FUNDS AVAILABLE                     $ 712,805

PROPOSED USE OF FUNDS
     Proposed Construction Contract Base Bid                               $ 415,000
     Construction Contingency                                                 65,000
             Construction Subtotal                                         $ 480,000
     Construction Testing                                                     10,000
     Biological Surveys, Training & Monitoring                                24,900
     Construction Administration and Inspection                               65,000
                                   CONSTRUCTION TOTAL                      $ 570,900

BACKGROUND

The marina complex at the south end of Lake Chabot reservoir within Lake Chabot Regional Park is
a popular use area for fishing and boating. Existing facilities along this narrow reach of lake include a
floating dock system with boat rental concession and a concrete ramp to accommodate boat
launching and fish plants. There is also a pedestrian path leading to an existing fishing pier that is the
primary point of access for accessible fishing at Lake Chabot. Many successful fishing derbies have
been staged in this location, including events for children with special needs.

                                                    1
The Lake Chabot marina area was identified in the District’s 2006 ADA Self-Evaluation and
Transition Plan as a site where accessible fishing does occur, but also where facilities and path of
travel to the facilities need improvement. The existing fishing access is also being compromised by a
failing bank and needed improvements cannot be installed until the bank is stabilized.

This project would stabilize and protect the eroding bank, improve whole access for fishing and
improve the accessible parking and path of travel from the existing staging area to the marina.
Work would include demolition, earthwork, storm drain work, installation of rock riprap and
concrete block revetment, boat ramp improvements, asphalt concrete paving, wood rail fencing,
installation of a fish planting pipe and tree planting. Provision would also be made for installation of
a future, accessible boat dock when project funding is identified.

A formal Notice to Bidders for this project was published on Thursday, April 26, 2012 in the
newspaper the District uses for this purpose. Notices were also posted at thirteen (13) builder’s
exchanges and on eBidboard. Six (6) firms submitted responsible bids on Thursday, May 17, 2012.

The Basis for determination of low bid on this project is the aggregate amount of the bidder’s Base
Bid.

                NAME OF BIDDER                                       TOTAL BASE BID
Grade Tech, Inc., Castro Valley, CA                                      $415,000
J. A. Gonsalves & Sons General, Napa, CA                                  $425,000
On Grade Contracting, Sonora, CA                                          $467,579
Fanfa, Inc., San Lorenzo, CA                                              $488,222
W. R. Forde Associates, San Leandro, CA                                   $585,500
American Asphalt, Hayward, CA                                             $842,394
DISTRICT ESTIMATE FOR BASE BID: $400,000


ALTERNATIVES

None are recommended.




                                                   2
                            EAST BAY REGIONAL PARK DISTRICT

                                RESOLUTION NO.: 2012 - 06 -

                                          June 6, 2012

      AUTHORIZATION TO ACCEPT THE BID FOR CONSTRUCTION OF BANK
   STABILIZATION AND ACCESS IMPROVEMENTS: LAKE CHABOT REGIONAL PARK

        WHEREAS, the East Bay Regional Park District desires to continue to provide and
maintain accessible facilities, activities and programs in accordance with the Americans with
Disabilities Act (ADA) and through implementation of its ADA Self-Evaluation and Transition
Plan (Plan) adopted in 2006; and

         WHEREAS, the Lake Chabot marina area was identified in the Plan as a site where
accessible fishing does occur, including fishing derby events especially designed for persons with
disabilities, but where facilities and path of travel to the facilities need improvement; and

      WHEREAS, erosion of the lake bank northwest of the marina area has compromised
opportunities for accessible fishing and is a concern for public safety and water quality; and

         WHEREAS, this project will stabilize and protect the bank and improve whole access for
fishing, including demolition, earthwork, storm drain work, installation of rock riprap and
concrete block revetment, boat ramp improvements, asphalt concrete paving, wood fencing,
installation of a fish planting pipe and tree planting; and

      WHEREAS, funds are available in Project No. 535600 (Whole Park Access) for this
purpose; and

        WHEREAS, the District advertised for bids for the construction of bank stabilization and
access improvements at Lake Chabot Regional Park and received six (6) responsible bids: and

       WHEREAS, Grade Tech, Inc., Castro Valley, CA was the lowest responsible bidder;

       NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby authorizes the acceptance of the Base Bid of Grade Tech, Inc.,
Castro Valley, CA in the amount of $415,000, and sets aside a construction contingency in the
amount of $65,000 and $90,900 for Monitoring, Construction Administration, Inspection and
Testing, for a total amount of $570,900 in Project No. 535600 (Whole Park Access); and

        BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.
      Moved by Director                      , seconded by Director   , and
              th
adopted this 6 day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT
                                  Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               l.     Authorization to Encumber Funds for Purchase of Replacement Survey
                      Equipment                                    (Althoff/M. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors authorize the encumbrance of
funds in the amount of $49,725, including sales tax and equipment trade-in discount, for the
purchase of replacement survey equipment as scheduled for 2012 and budgeted in the 2012
Adopted Budget.

REVENUE/COST

EXISTING SOURCE OF FUNDS
      Current Approved Budget
            Fund 554 – 2012 Major Equipment Replacements
            Survey Equipment Replacement / Asset ID 19076
                   554-9110-000-7549                                              $ 50,000

PROPOSED USE OF FUNDS
     Survey Equipment Replacement
            Purchase of Equipment                                                 $ 48,943
            Sales Tax                                                                 4,282
            Equipment Trade-in Discount                                              (3,500)
                                                    Purchase Total                $ 49,725

BACKGROUND

The Major Equipment Replacements Fund accounts for the purchase of replacements for large
items of equipment essential to the functions and duties of the District. The cost of each
eligible piece of equipment is amortized over its useful life and charged annually, in advance, to
ensure adequate resources to fund replacement equipment purchases as scheduled. The survey
equipment assigned to the Design and Construction Department is scheduled for replacement
in 2012 as budgeted in the 2012 Adopted Operating Budget (Fund 554 – 2012 Major Equipment
Replacements).



                                                1
The existing Trimble 5600 Total Station is a robotic transit and measuring device used for field
surveying. This survey equipment is a system that includes the transit, tripod, radio, batteries,
charger, rod, reflector, cables and software needed to collect field data electronically. The
system was purchased in 2005 and is at the end of its estimated useful life of 7 years. The
equivalent replacement model, a Trimble S6, will support the wide range of surveying
applications performed at the District, including real property boundary surveying, topographic
mapping, construction control surveys and engineering surveys.

California Surveying and Drafting Supply, Livermore, CA, is on the Information Technology
Contract List for the California Multiple Award Schedule (CMAS). The quotation from
California Surveying and Drafting Supply is based upon CMAS and reflects prices from the
CMAS bid process already performed by the State of California Department of General
Services. These State negotiated prices are extended to public agencies within the State of
California to procure products and services.

ALTERNATIVES

None are recommended.




                                               2
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 - 06 -

                                         June 6, 2012

                     AUTHORIZATION TO ENCUMBER FUNDS FOR
                   PURCHASE OF REPLACEMENT SURVEY EQUIPMENT

        WHEREAS, the East Bay Regional Park District maintains a schedule for the
replacement of large pieces of equipment essential to the duties and functions of the District,
and funds for this purpose are charged annually, in advance, to ensure adequate resources are
available to fund replacement equipment purchases; and

       WHEREAS, the 2012 Adopted Budget includes an appropriation of $50,000 in Fund 554
– 2012 Major Equipment Replacements for the replacement of survey equipment; and

        WHEREAS, the District received a quotation from California Surveying and Drafting
Supply, Livermore, CA for replacement of the survey equipment; and

       WHEREAS, California Surveying and Drafting Supply is on the Information Technology
Contract List for the California Multiple Award Schedule (CMAS) and their quotation reflects
the CMAS bid process already performed by the State of California Department of General
Services;

       NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District authorizes an encumbrance in the amount of $49,725, including sales tax
and equipment trade-in discount, in Fund 554 – 2012 Major Equipment Replacement for
replacement of survey equipment (Asset ID 19076); and

        BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents and
such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.

      Moved by Director                         , seconded by Director                    , and
approved this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                          AGENDA
                                     REGULAR MEETING
                                    BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                     Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               m.      Approval of Sanitary Sewer Management Plans in Accordance with State
                       Water Resources Control Board Order 2006-003-DWQ Statewide General
                       Waste Discharge Requirements for Sanitary Sewer Systems: Anthony
                       Chabot, Coyote Hills, Del Valle and Garin Regional Parks
                                                                            (Graul/M. Anderson)

RECOMMENDATION

The General Manager recommends that the Board of Directors approve the Sanitary Sewer
Management Plans developed for Anthony Chabot, Coyote Hills, Del Valle, and Garin Regional
Parks in accordance with State Water Resources Control Board Order 2006-003-DWQ
Statewide General Waste Discharge Requirements for Sanitary Sewer Systems.

REVENUE/COST

There is no cost associated with the approval of this item.

BACKGROUND

On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted Wastewater
Discharge Requirements (WDR) Order #2006-0003-DWQ. This order mandated all federal and
state agencies, municipalities, counties, districts, and other public entities (“enrollees”) that own or
operate sanitary sewer systems greater than one mile in length that collect and/or convey
untreated or partially treated sewer to a Publicly Owned Treatment Works (POTW) facility in the
State of California to comply with the terms of this Order.

The Order also stated that to facilitate proper funding and management of sanitary sewer systems,
each enrollee must develop and implement a system-specific Sewer System Management Plan
(SSMP). The SSMPs must include provisions for proper and efficient management, operation, and
maintenance of sanitary sewer systems, while taking into consideration risk management and cost
benefit analysis. Additionally, a SSMP must contain a spill response plan that establishes standard
procedures for immediate response to a Sewer System Overflow (SSO) in a manner designed to
minimize water quality impacts and potential nuisance conditions.

                                                   1
The District has four sanitary sewer systems that meet the requirements as defined in the SWRCB
order and therefore must develop and implement four SSMPs. These systems are at Anthony
Chabot, Coyote Hills, Del Valle, and Garin Regional Parks. Staff began developing SSMPs in 2006
and since August 2006, park staff referred to draft SSMPs for response procedures to any SSOs
occurring in the four parks. In order to complete the plans and meet the requirements of the
order, the SSMPs must be approved by the Board of Directors at a public meeting.

ALTERNATIVES

No alternatives are recommended.




                                              2
                              EAST BAY REGIONAL PARK DISTRICT

                                   RESOLUTION NO.: 2012 – 6 -

                                             June 6, 2012

    APPROVAL OF SANITARY SEWER MANAGEMENT PLANS IN ACCORDANCE WITH
   STATE WATER RESOURCES CONTROL BOARD ORDER 2006-0003-DWQ STATEWIDE
     GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS:
     ANTHONY CHABOT, COYOTE HILLS, DEL VALLE AND GARIN REGIONAL PARKS


          WHEREAS, on May 2, 2006 the State Water Resources Control Board (SWRCB) adopted
Wastewater Discharge Requirements (WDR) Order #2006-0003-DWQ which mandated all
federal and state agencies, municipalities, counties, districts, and other public entities (“enrollees”)
that own or operate sanitary sewer systems greater than one mile in length that collect and/or
convey untreated or partially treated sewer to a Publicly Owned Treatment Works (POTW)
facility in the State of California to comply with the terms of this Order; and

        WHEREAS, the Order required that to facilitate proper funding and management of
sanitary sewer systems, each enrollee must develop and implement a system-specific Sewer
System Management Plan (SSMP); and

      WHEREAS, the District developed and implemented sanitary sewer management plans for
Anthony Chabot, Coyote Hills, Del Valle and Garin Regional Parks;

        NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby approves the implementation of Sanitary Sewer Management Plans
for Anthony Chabot, Coyote Hills, Del Valle, and Garin Regional Parks;

      Moved by Director                            , seconded by Director                         , and
approved this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               n.     Approval of Payment to Department of Water Resources for Dam
                      Safety Program Assessment: Lake Anza and Lake Temescal
                                                               (Spaulding/Scheer/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors approve payment to the
Department of Water Resources for the dam safety program assessment for dams located at
Lake Temescal and Lake Anza, for the current year, and for the following two years.

REVENUE/COST

The annual fee is based on Section 6307 of the California Water Code. The fee is currently set at
$496, plus $137 per foot of height. The funds to pay for this assessment are included in the
annual adopted budget, as follows:

Dam Location          Account                                                    Amount
Temescal              101-5131-240-6191, Recreation Area/Other Services          $14,470
Tilden                101-5121-105-6191, Parkland/Other Services                  11,730
                                                                                 $26,200

BACKGROUND
The California Department of Water Resources manages a dam safety program, which is funded
through annual fees from dam owners. The dams at Tilden and Temescal fall under the
Department of Water Resources’ purview due to their size -- more than six feet tall and
impounding more than 50 acre-feet of water. The fees charged by the Department of Water
Resources may be adjusted periodically to account for cost of living increases; however, rates
have been unchanged for the past three years.

The fee is required to be paid by July 1, 2012 or a ten percent penalty will be assessed. This fee
is assessed every year. Approval of this item will enable staff to pay the current year’s fee,
including fees that will be assessed in 2013 and 2014, without returning to the Board.

ALTERNATIVES

None are recommended.
                           EAST BAY REGIONAL PARK DISTRICT

                                RESOLUTION NO.: 2012 – 06 -

                                          June 6, 2012

           APPROVAL OF PAYMENT TO DEPARTMENT OF WATER RESOURCES
       FOR DAM SAFETY PROGRAM ASSESSMENT: LAKE ANZA AND LAKE TEMESCAL


        WHEREAS, pursuant to California Water Code there is a requirement that dam owners
in California pay fees to the Department of Water Resources for a dam safety program; and

       WHEREAS, the cost of the inspection exceeds $25,000 and as such requires approval by
the Board of Directors; and

       WHEREAS, this fee will be assessed every year and approval of this resolution will allow
for the payment of dam safety assessment fees in 2012, 2013 and 2014 without returning to the
Board of Directors;

       NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Bay
Regional Park District hereby approves the payment to the Department of Water Resources for
dam safety program assessment for 2012, 2013 and 2014, and

        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed
on behalf of the District and in its name, to execute and deliver such documents and to do such
acts as may be deemed necessary or appropriate to accomplish the intentions of the resolution.

      Moved by Director                      , seconded by Director                    ,   and
adopted this 6th day of June 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                           EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              o.     Authorization for Budgetary Closure of Completed Projects and Related
                     Amendments to the 2012 Budget             (Burnor/Rubaloff/Collins)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommend that
the Board of Directors authorize the budgetary closure of 70 completed projects and related
amendments to the 2012 budget as needed to address projects that may either be over or under
budget.

REVENUE/COST

Projects closed with negative budget variances are funded through excess funds from projects
closed with positive variances. The remaining balances are returned to the original funding
source and used for other projects approved by the Board. The net unexpended appropriations
to be returned or redistributed are:

       Measure AA Bond & Bond Interest            $    97,951
       Measure WW                                      48,407
       Designated for Land Fund                      197,931
       Assigned Land Acquisition Fund               1,210,000
       General Fund                                 1,171,509
                                   Total          $ 2,725,798

BACKGROUND

Each year, the Finance Department formally closes completed projects in the financial accounting
system. Completed projects are closed to ensure that costs do not continue to accrue after the
project is officially completed. District procedure calls for the Board of Directors to formally
approve the completed project list and actions required actions.

The attached Exhibits A through E include details for each project proposed for closure,
including project name, location, budget, total expenditures and balances.
Project expenditures occur over multiple fiscal years. Due to the long-term nature of the
projects, it is common to have variances, both positive and negative, from the original project
budgets.

If a project has a negative variance, the closure process requires the balancing of funds to ensure
all projects are completely funded. This balancing is accomplished by applying excess funding
from projects with positive variances, generally which have the same funding source and project
area, as the projects with negative variances.

Remaining unused funds from projects with positive variances are returned to the original
funding source and become available for future appropriation by the Board.

Development Projects (Exhibit A)
A total of twenty-nine capital projects are recommended for closure. Excess General Fund
sources total $1,087,733 and $16,281 of this will be used to supplement the Rebuild Tilden
Group Camp Structures project (150600) budget before it is closed. The balance of $1,071,458
one-time General Fund resource will be discussed during the 2012 mid-year or 2013 budget
process.

$6 in excess Measure AA allocation will be returned to that funding source.

Land Acquisition Projects (Exhibit B & C)
A total of seventeen land acquisition projects are recommended for closure. The list includes
both completed acquisitions and safety/security projects. Based on the proposed closures, the
net impact of the proposed closures is as follows:

   1. $197,931, 203300 Breuner Acquisition, funded in part by a Designated for Land Fund will
      be returned to the original source project 230000DSLF for Future Preliminary Acquisition
      Study (Exhibit B, Line 2).

       Additionally as a cleanup task, Point Pinole allocation area (203300) will be increased by
       $4,409,040 (Exhibit C) as a result of adjusting the Measure AA Bond allocation for
       multiple areas. This project received appropriations from multiple “shoreline” Measure
       AA allocation areas to provide sufficient funding for the purchase. While the Board
       approved the project budget appropriation in 2008, those resolutions did not formally
       adjust the affected Measure AA allocation area balances. The affected allocation areas to
       be reduced are:

              Coyote Hills:                                 $      500,000
              Eastshore:                                         2,368,696
              Hayward to Coyote Hills Trails:                      245,335
              Oyster Bay:                                          250,000
              San Pablo Bay:                                       910,667
              Wildcat to Point Pinole Trail:                       134,342

   2. Five projects with Measure AA bond and interest remaining will return the total of
      $97,438 to various allocation areas for future appropriations (Exhibit B, Lines 4, 5, 6, 7, 8,
      11).
   3. Two projects require $4,013 in additional funding from Measure AA Morgan Territory
      allocation area (Exhibit B, Lines 16, 17).

   4. Six projects with Measure WW bond remaining will return the total of $48,407 to
      various allocation areas (Exhibit B, Lines 9, 10, 12, 14, 15).

   5. One project with District (General Fund) proceeds of $34,533 will be returned to the
      General Fund (Exhibit B, Line 13).

   6. Six projects earned escrow interest revenue in the amount of $3,008 during the
      acquisition process. These funds will remain in the Capital Project Fund in the
      Designated Land Acquisition project (230000dslf) to be appropriated by the Board in the
      future (Exhibit B, Line 5, 9, 10, 12, 13, 14).

   7. Finally projects 200000 (District-wide) and 210800 (Miller Knox) required further
      research after the Measure AA reconciliation. Extensive review of accounting records
      concluded that the original funding source used to initiate these projects was the General
      Fund. As these projects progressed they were found to be eligible for Measure AA
      reimbursement. When the projects were completed, the original funding was not
      returned to the General Fund. The balance remaining in these two projects totals
      $1,210,000, which will revert back to Fund Balance Assigned for Land Acquisition for
      future Board appropriations (Exhibit B, Line 1, 3).

Other Than Asset (OTA) Projects (Exhibit D)
A total of twenty-one OTA projects are recommended for closure. Positive variances for eight
of the OTA projects total $66,031 combined. $65,524 will be returned to the General Fund and
the remaining $507 will be returned to the consolidated Measure AA Diablo Metro allocation
(Lines 1, 10, 11, 12, 14, 15, 19, 21).

Measure AA Local Grant related projects (Exhibit E)
Three projects of Measure AA Local grant projects are recommended for closure. Two projects
were fully disbursed to the local agencies. One was transferred from Rollingwood Recreation
Park District (300072) to support the Atlas Road Bridge project (539700) as approved by the
Board in June 2011 resolution 2011-6-132. (Exhibit E).

Measure AA Interest Allocation
A material correction to interest allocations was discussed with the Board in 2011 but has not
yet been brought to the Board for final action; the allocation of $617,712 in interest to the
Martinez area for acquisition was never appropriated to a project. This unused amount will be
returned to the acquisition interest balance and partially offset over-commitment of Measure AA
funds in the Diablo sector of the District.

ALTERNATIVES

No alternatives are recommended.
                            EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                          June 6, 2012

       AUTHORIZATION FOR BUDGETARY CLOSURE OF COMPLETED PROJECTS
               AND RELATED AMENDMENTS TO THE 2012 BUDGET

         WHEREAS, projects are unique in terms of budget appropriations due to the fact that
appropriations may be made in one fiscal year and the expenditures may occur over multiple
fiscal years; and

        WHEREAS, the final budgetary closure of completed projects sometimes requires an
adjustment to the original appropriation to account for variances between initial estimates and
actual project expenditures; and

       WHEREAS, a variety of funding sources may have been transferred into the project fund
to accomplish a specific project; and

       WHEREAS, in the event funds were not fully expended on a project an action must be
taken to return the remaining budget appropriation to the original funding source available for
future appropriation, except when escrow interest was earned during the acquisition process,
the earned interest will remain in the capital fund for future land acquisition appropriation; and

       WHEREAS, an adjustment of Measure AA allocations is necessary to formally amend the
Measure AA schedule as indicated on the attached Exhibit C to stay consistent with prior
Board actions; and

         WHEREAS, a correction to Measure AA interest allocation in the amount of $617,712
identified as part of the reconciliation will be returned to the Martinez allocation area; and

       WHEREAS, the Board Finance Committee reviewed the recommended closures and
additional appropriations at their meeting on May 22, 2012, and unanimously recommended
favorable consideration of this item by the Board of Directors;

       NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the closure of capital projects identified on the
attached Exhibits A, B, C, D, E; and

       BE IT FURTHER RESOLVED, that in cases where there are unexpended funds
remaining, these funds shall be transferred to the over expended project as indicated on the
attached Exhibits A, B, C, D, E or returned to the originating fund;                     and

       BE IT FURTHER RESOLVED, that the General Manager and the Chief Financial Officer
are hereby authorized and directed, on behalf of the District and in its name, to execute and
deliver such documents and to do such acts as may be deemed necessary or appropriate to
accomplish the intentions of this resolution.

      Moved by Director                         , seconded by Director             and
adopted this 6th, day of June 2012, by the following vote:

FOR:

AGAINST:
ABSENT:
ABSTAIN:
Development Project Closure
                                                                                                  Total                                                             Remaining
Line   Project             Park Location                 Description           Total Budget   Expenditures        Grant       Bond       District       Other        Balance                    Note
                                                                                                                                                                               excess to General Fund (project
 1     104006    Arroyo del Valle             ADV Youth Camp                         60,000                  -            -          -     60,000               -      60,000
                                                                                                                                                                              cancelled)

 2     104801    Big Break                    Big Break Visitor Center            3,589,000      3,589,000       3,589,000           -              -           -           - project completed
 3     104802    Big Break                    Big Break Visitor Center            2,042,874      2,042,874       1,919,867           -    123,007               -           - project completed
 4     114800    Camp Arroyo Recreation Area Arroyo Del Valle Waste Mgmt            200,000        200,000        200,000            -              -           -           - project completed
 5     115300    Bishop Ranch                 Bishop Ranch/Boundary Fence           100,000         99,922                -   100,000               -           -          78 excess to General Fund
 6     118601    Sunol/Ohlone Wilderness      Fence/Water Improvements               75,000         75,000                -          -     75,000               -           - project completed
 7     120502    Del Valle                    Water Plant Improvements              459,152        459,152        459,152            -              -           -           - project completed
 8     122504    Roberts                      Barrier-Free Play Area-Roberts         13,578         13,579                -     3,519      10,058               -           - project completed
 9     122600    Hayward Shoreline            Baumberg Tract Bay Trail            1,087,151      1,087,144        895,588     191,562               1           -           6 excess to BAAA
 10    128200    District-Wide                Replace Microwave Comm./Dist-W      1,065,000      1,055,186                -          -   1,065,000              -       9,814 excess to General Fund
 11    128201    District-Wide                Replace Microwave Comm./Dist-W        580,000        575,587                -          -    580,000               -       4,413 excess to General Fund
 12    136100    Camp Arroyo Recreation Area Shade/Solar Heating for Pool           147,000        142,559                -          -     47,000       100,000         4,441 excess to General Fund
 13    136600    Kennedy Grove                Replace Restroom                      240,359        240,359        225,924            -     14,435               -           - project completed
 14    137700    Big Break                    Bridge & Trail Construction           826,170        826,170        825,636            -         534              -           - project completed
 15    145100    Garin                        Replace Fencing at Gelderman                -                  -            -          -              -           -           - project completed
 16    146800    Brooks Island                Solar Panels                           60,049         55,965                -    50,049      10,000               -       4,084 excess to General Fund
 17    146900    Carquinez Strait             Lighting Replacement                   71,402         71,402                -    58,096      13,306               -           - project completed
 18    147400    Iron Horse Regional Trail    IHT Feasbl Stdy-DubBART/StaRta         55,861         55,861         37,500      18,361               -           -           - project completed
 19    148400    District-Wide                Clean Air Vehicle Purchase            110,859        110,859         24,137            -     86,721               -           - project completed
 20    148800    Oyster Bay                   WMAC Landscape Improvements                 -                  -            -          -              -           -           - project completed
 21    148900    Miller-Knox                  Install Play Area                     123,017        123,017                -          -     23,017       100,000             - project completed
 22    149900    Miller-Knox                  Ferry Point Lighting                   91,904         91,592                -    11,904      80,000               -         312 excess to General Fund
                                                                                                                                                                                 need addtl Gen Fund-insurance
 23    150600    Tilden                       Rebuild Group Camp Structures         573,506        589,786                -          -     25,000       548,506       (16,281)
                                                                                                                                                                                 paid in full minus deductible

                                                                                                                                                                                 excess plus $70,938 of interest to
 24    170300    District-Wide                Helicopter Lease/Purchase           3,558,000      2,644,786                -          -   3,558,000       70,938       984,152
                                                                                                                                                                                 General Fund

 25    170501    Tilden Nature Area           Little Farm Improvements               57,674         57,217                -          -     57,674               -         457 excess to General Fund
 26    170600    District-Wide                Base Radio Station Upgrade            186,500        171,238                -          -    186,500               -      15,262 excess to General Fund
 27    172100    Mobile Visitor Center        Mobile Visitor Center                 149,562        146,918                -          -    149,562               -       2,644 excess to General Fund
 28    172500    District-Wide                Residence Building Improvement          7,500          7,239                -          -      7,500               -         261 excess to General Fund
 29    173300    Tilden Nature Area           Replace Deck at Tilden Nat Ctr        132,000        130,185                -          -    132,000               -       1,815 excess to General Fund
                                                                                                                                                          Total     1,071,458
                                                                                                                                                                    1,087,733 excess funds to General Fund
                                                                                                                                                                            6 excess funds to Measure AA
                                                                                                                                                                      (16,281) redistribute from General Fund
                                                                                                                                              Summary Total         1,071,458

                                                                                               EXHIBIT A
Acquisition Project Closure
                                                                                                                                                                               Escrow
                                                                                               Total                                                                          Interest
Line   Project          Park Location                  Description          Total Budget   Expenditures     Grant        Bond          District      Other        Balance      Earned                     Comments
  1    200000     District-Wide            AA Revolving Fund                           -               -           -            -       810,000             -      810,000            -    excess to Fund balance-Assigned to Land Acquisition
  2    203300     Point Pinole             Breuner / Point Pinole              8,830,155      8,632,224            -    6,431,439     2,398,716             -      197,931            -    excess to DSLF, adjustment of allocation areas
  3    210800     Miller Knox              Bray Oil                            2,945,973      2,545,973            -            -       400,000             -      400,000            -    excess to Fund balance-Assigned to Land Acquisition
  4    213901     Bay Point Shoreline      Farrell / Bay Point Shoreline         118,302         61,921       13,662      104,640               -           -       56,381            -    excess to BAAA
  5    216800     Byron Vernal Pools       Souza III                           5,357,800      5,345,823    2,427,580      930,220               -   2,000,000       11,977        1,603    excess to BAAI, escrow interest to Designated Land Acq proj
  6    223800                              Almond / Briones Martinez Shor
                  Briones to Martinez Shoreline                                   25,000         13,325            -       25,000               -           -       11,675            -    excess to BAAI

 7     226900    Chabot to Garin Trail    Llama Lane/Chabot to Garin Trl         10,000           2,135             -        10,000            -             -       7,865               - excess to BAAA & BAAI

 8     234300    Bay Area Ridge Trail     Bay Area Ridge Trail/Feeder 1          35,060          32,383       10,060         25,000            -             -       2,678            - excess to BAAA
                                                                                                                                                                                        excess to WP09, escrow interest to
 9     235200    Black Diamond            Barron                              2,998,800       2,989,584    2,317,600     681,200               -             -       9,216          139
                                                                                                                                                                                        Designated Land Acq project
                                                                                                                                                                                        excess to WP48, escrow interest to
 10    235700    Pleasanton Ridge         Owen                                4,022,500       4,020,224    1,000,000    2,022,500              -    1,000,000        2,276        1,023
                                                                                                                                                                                        Designated Land Acq project
 11    236100    Black Diamond            Affinito                            2,289,450       2,282,588    2,011,500     277,950               -             -       6,862            - excess to BAAA
                                                                                                                                                                                        excess to WP33, escrow interest to
 12    236300    Hayward Shoreline        City of Hayward                     1,562,340       1,561,035             -   1,460,460       101,879              -       1,305           75
                                                                                                                                                                                        Designated Land Acq project
                                                                                                                                                                                        excess to GF, escrow interest to
 13    236700    Brushy Peak              Farber Foundation                   2,745,700       2,711,167    2,000,000              -     745,700              -      34,533           22
                                                                                                                                                                                        Designated Land Acq project
                                                                                                                                                                                        excess to WP19, escrow interest to
 14    236800    Deer Valley              Li Fan/Deer Valley                    241,500         237,240       99,000         43,500            -       99,000        4,260          147
                                                                                                                                                                                        Designated Land Acq project
 15    237500    Vasco Caves              Vaquero Farms Inc                   2,452,200       2,420,850    1,325,000     277,200               -      850,000       31,350            - excess to WP65
                                                                                                                                                                                        require additional funding from BAAA
 16    237900    Morgan Territory         SMD-Galvin Ranch                      383,300         385,109      166,500         50,300            -      166,500       (1,810)           -
                                                                                                                                                                                        Morgan Territory
                                                                                                                                                                                        require additional funding from BAAA
 17    238000    Morgan Territory         SMD-Moss Rock                         423,300         425,503      184,500         54,300            -      184,500       (2,203)           -
                                                                                                                                                                                        Morgan Territory
                                                                                                                                                         Total   1,584,296        3,008 1,587,304


                                                                                                                                                                                 34,533 excess funds returning to General Fund

                                                                                                                                                                               197,931     excess funds returning to 230000DSLF

                                                                                                                                                                                            escrow interest earned to move to
                                                                                                                                                                                  3,008
                                                                                                                                                                                           Designated Land Acquisition (DLEI)
                                                                                                                                                                                            excess funds returning to Fund balance-
                                                                                                                                                                              1,210,000
                                                                                                                                                                                           Assigned to Land Acquisition
                                                                                                                                                                                            excess funds returning to various park
                                                                                                                                                                                 97,438
                                                                                                                                                                                           allocation in AA Bond
                                                                                                                                                                                            excess funds returning to various park
                                                                                                                                                                                 48,407
                                                                                                                                                                                           allocation in WW Bond
                                                                                                                                                                                            need additional AA bond appropriation
                                                                                                                                                                                 (4,013)
                                                                                                                                                                                           from Morgan Territory
                                                                                                                                                             Summary Total    1,587,304




                                                                                                     2012 Project Closures
                                                                                                          EXHIBIT B
Measure AA Allocation Adjustment
                                                                              Proposed          After
 Project   Measure AA Allocation Area for Funding                 Before     Allocation     Proposed
  Code     Acquisition                     Source   Metro     Adjustment    Adjustment    Adjustment

 203300    Coyote Hills                    BAAA       S          500,000       -500,000             0

 203300    Eastshore                       BAAA      W          2,368,696    -2,368,696             0

 203300    Hayward to Coyote Hills Trail   BAAA       S          245,335       -245,335             0

 203300    Oyster Bay                      BAAA       S          250,000       -250,000             0

 203300    Point Pinole                    BAAA      W             24,155     4,409,040     4,433,195

 203300    Point Pinole                    BAAI      W          1,998,244             0     1,998,244

 203300    San Pablo Bay                   BAAA      W           910,667       -910,667             0

 203300    Wildcat to Pt. Pinole Trail     BAAA      W           134,342       -134,342             0

           Total Measure AA Budgeted                            6,431,439             0     6,431,439




                                                            2012 Project Closures
                                                                 EXHIBIT C
Other Than Asset (OTA) Project Closure
                                                                              Total        Total
Line    Project     Park Location            Description                      Budget       Expenditures    Grant         Bond       District       Other       Balance              Comments
  1     501000      District-Wide            Oral History                        20,000          19,315              -          -       20,000             -        685 excess to General Fund
  2     501700      Oyster Bay               Install Pedestrian Bridge          142,193         142,192              -    118,893       23,300             -             -
 3      502600      Shadow Cliffs            Decommission & Secure Site            463              463              -          -          463             -             -
                                             Beverage Containr Recyclng
 4      503200      District-Wide                                                26,747          26,747       26,500            -          247             -             -
                                             Bin
 5      504300      Bay Point to Pittsburg   Delta Trail Feasibility Study       83,347          83,347       75,000            -        8,347             -             -

 6      504800      District-Wide            Overnight Camping Program           66,217          66,217       65,000            -        1,217             -             -
 7      505600      Shadow Cliffs            Zone 7 Irrigation Rehab             11,478          11,478         5,000           -        6,478             -           - project completed
 8      506500      Pleasanton Ridge         Resource Protection                       -               -             -          -             -            -           - duplicate project to 506300
                                                                                                                                                                         funding moved to project
 9      507600      District-Wide            Cultural Resource Training                -               -             -          -              -           -           -
                                                                                                                                                                         507900 (Cultural Resource)
 10     508900      District-Wide            Tiger II Grant Application          40,000          30,614              -          -       40,000             -      9,386 excess to General Fund
 11     522100      Carquinez Strait         Survey Work                         12,000          11,493              -     12,000             -            -        507 excess to BAAI
 12     535601      District-Wide            Whole Park Access                  100,000          87,610              -          -      100,000             -     12,390 excess to General Fund
 13     535700      District-Wide            Install Juan Bautista Signs         10,600          10,600        10,600           -             -            -           - project completed
 14     540500      Eastshore                Tom Bates Sports Field           5,030,000       4,999,999     5,000,000           -       30,000             -     30,000 excess to General Fund

 15     543700      Vasco Caves              Raptor v.Wind Turbine Study        469,521         467,787      379,995            -       59,526     30,000         1,734 excess to General Fund

 16     548700      Roberts                  Renovate Picnic Areas               33,300          33,300              -          -       33,300             -             - project completed
 17     550100      District-Wide            Upgrade Voice/Data Wiring          181,811         181,811              -          -      181,811             -             - project completed

 18     551500      Del Valle                Install Wireless Communication      56,509          56,509              -          -       56,509             -             - project completed

 19     551600      District-Wide            Purchase Autocite Devices          162,000         156,620             -           -      162,000           -        5,379 excess to General Fund
 20     552200      District-Wide            Fire Training Costs                 48,875          48,875       38,400            -       10,475           -             - project completed
 21     599901      District-Wide            Preliminary Design Project           7,500           1,550             -           -        7,500           -        5,950 excess to General Fund
                                                                                                                                                      Total      66,031

                                                                                                                                                                        excess funds returning to
                                                                                                                                                                 65,524
                                                                                                                                                                        General Fund
                                                                                                                                                                        excess funds to Measure AA
                                                                                                                                                                    507
                                                                                                                                                                        interest
                                                                                                                                          Summary Total          66,031




                                                                                       2012 Project Closures
                                                                                            EXHIBIT D
Measure AA Local Grant Project Closure
                                                                        Total
Line   Project      Park Location             Description              Budget     Disbursed Transferred    Balance                          Comments
  1    300064 Lafayette              Burton Ridge Acquisition           114,818     114,818           -              - fully disbursed
  2    300067 Richmond               Parks Lighting Improvement          30,684      30,684           -              - fully disbursed
  3    300072 Rollingwood R.P.D      Joint Wildcat Creek Trail           64,598           -      64,598              - transferred to 539700 Atlas Road Bridge Project
                                                                                                  Total              -




                                                                  Measure AA Local Grant Project Closure
                                                                                Exhibit E
                                      AGENDA
                                  REGULAR MEETING
                                 BOARD OF DIRECTORS

                          EAST BAY REGIONAL PARK DISTRICT

                                 Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              p.     Authorization to Contract for Youth Employment Services with Student
                     Conservation Association                      (Blonski/T. Anderson)

RECOMMENDATION

The General Manager recommends the Board of Directors authorize the execution of a
contract with Student Conservation Association (SCA) for youth employment service in the
Berkeley, Oakland and Richmond areas.

REVENUE/COST

The proposed contract is with the Student Conservation Association (SCA) in the amount of
$46,280. This amount includes the cost of sixteen crew members, four crew leaders, site
supervisor wages and benefits, transportation costs, and other program expenses. Total
service hours will provide 10 weeks of work, and will run from approximately June through
August, 2012. Funding for $37,430 of the proposed contract is available in the General Fund-
and Other Than Asset Fund accounts named below. A portion of the contract will be satisfied
with a direct payment of $8,850 from the Regional Parks Foundation to the vendor.

PROPOSED ENCUMBRANCE

Account No. 101-5110-000-6443                                         $ 10,000
General Fund-Park Operations Administration-Support Contracts

Account No. 336-8310-000-6443/550000-372                                13,394
Other Than Assets Fund-Fire Department-Support Contracts
/District Wide Fuels & Fire Management

Account No. 336-8310-000-6443/541600-372                                14,036
Other Than Assets Fund-Fire Department-Support Contracts
/Fuel Management-Wildcat Canyon/Alvarado Park

       TOTAL PROPOSED ENCUMBRANCE                                     $ 37,430
BACKGROUND

SCA is a national conservation corps group that provides college and high school-aged
members with hands-on conservation service opportunities. In cooperation with City of
Richmond’s YouthWORKS, SCA uses District funding as well as revenue from other sources to
provide training, environmental education and job skills. SCA has previously partnered with the
District, providing volunteer conservation groups and recreational youth programs.

The SCA crew, under the direction of a Fire Captain, will control Scotch Broom (Cytisus
scoparius) by manually uprooting the plants using hand tools, taking care to remove as much
roots as possible to prevent re-sprouting. Scotch broom grows so vigorously that it smothers
native vegetation and can increase the frequency and intensity of wildfires. The crew will work
within the District’s current fuel breaks: Redwood, Sibley, Tilden and Wildcat Canyon.

The following is a breakdown of the proposed work schedule related to this contract:

   Redwood Regional Park:          one week at RD001 - Initial Treatment at Skyline Gate
                                    area near Eastridge Trail

   Sibley Regional Park:           four weeks at SR002b - Vegetation Maintenance on
                                    Thorndale Drive on East Side of Sibley Triangle

   Tilden Regional Park:           two weeks at TL012 – Weed Management Area

   Wildcat Canyon Regional Park: three weeks at WC005 – Eucalyptus Plantation Area

ALTERNATIVES

None are recommended.
                             EAST BAY REGIONAL PARK DISTRICT

                                 RESOLUTION NO.: 2012 – 06 -

                                           June 6, 2012

       AUTHORIZATION TO CONTRACT FOR YOUTH EMPLOYMENT SERVICES WITH
                    STUDENT CONSERVATION ASSOCIATION

       WHEREAS, the District has previously worked with Student Conservation Association (SCA)
a conservation corps group on maintenance projects such as vegetation management and fire fuels
removal; and

       WHEREAS, the District wishes to continue to support and aid the youth community by
providing environmental-service projects for 2012; and

       WHEREAS, the Student Conservation Association will contract with YouthWORKS to
provide job training programs to local youth; and

       WHEREAS, funding is available from two Other Than Asset Fund Fire Department fuels
management projects, account number: 336-8310-000-6443/: $13,394. from 550000 District Wide
Fuels and Fire Management $14,036. from 541600 Fuel Management Wildcat Canyon/Alvarado Park;
and

      WHEREAS, additional funding of $10,000 is available from 101-5110-000-6443, Park
Operations Administration General Fund services budget; and

        AND WHEREAS, additional funding of $8,850 is available from the Regional Parks Foundation
for trail maintenance work to be paid directly to Student Conservation Association on the District’s
behalf; and

        NOW, THEREFORE, BE IT RESOLVED, the Board of Directors of the East Bay Regional Park
District hereby authorize the General Manager to execute a contract for youth services with SCA for
an amount of up to $46,280, per the attached Budget Change form; and

        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and directed, on
behalf of the District and in its name, to execute and deliver such documents and to do such acts as
may be deemed necessary or appropriate to accomplish the intentions of this resolution.

      Moved by Director                        , seconded by Director                         , and
               th
approved this 6 day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETINGS
                                   BOARD OF DIRECTORS

                           EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              q.      Resolution to Support Pending State Legislation AB 1916 (Buchanan) -
                      Authorizes Save Mount Diablo to Enter into an MOU with State Parks to
                      Restore the Beacon Atop of Mt. Diablo                (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the
Board of Directors adopt a resolution to support legislation by Assembly Member Buchanan to
authorize Save Mount Diablo to enter into an MOU with State Parks to restore the beacon
atop of Mt. Diablo.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

Save Mount Diablo has been endeavoring to restore the beacon on the top of the Summit
Building for years, but have continued to run into challenges. They are working with Assembly
Member Joan Buchanan on AB 1916 which would allow Save Mount Diablo to enter into an
operating agreement with the Department of Park and Recreation (DPR). It should
dramatically reduce the costs for the project as a result of the elimination of the normal
Department of Park and Recreation and General Services requirements, and because Save
Mount Diablo assumes all costs.

The "Eye of Diablo" Beacon was originally installed in 1928 by Standard Oil of California on a
steel tower, approximately 75 feet west of its current location, and was intended to serve as an
aid to aerial navigation. Using a remote switch from Denver, Colorado, Colonel Charles
Lindbergh simultaneously lit the "Eye of Diablo" Beacon and a similar beacon located near Los
Angeles on October 14, 1928. The Visitor's Center Building at Mt. Diablo State Park was
constructed from 1939 to 1942 by the Diablo Conservation Corps, a part of the Civilian
Conservation Corps. The building was designed specifically to accommodate the beacon atop
its tower. The beacon was turned off on December 8, 1941, on the day after the attack on
Pearl Harbor, in observance of the West Coast blackout and in recognition of the fear of
Japan's attack on the United States coast. In 1964, a group of local engineers restored the
beacon to operating condition, and on December 7, 1964, Admiral Chester W. Nimitz pressed
the switch to relight the beacon to commemorate the survivors of the bombing of Pearl
Harbor. The beacon is only lit on December 7th (Pearl Harbor Day) for this purpose. Save
Mount Diablo is a co-sponsor for the annual lighting of the beacon each Pearl Harbor Day. The
annual lighting of the Mount Diablo Beacon is an important reminder of a significant time in
history, and should be restored and kept operational.

ALTERNATIVES

None are recommended.
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 - 06 -

                                         June 6, 2012

       RESOLUTION TO SUPPORT PENDING STATE LEGISLATION AB 1916 –
 AUTHORIZES SAVE MOUNT DIABLO TO ENTER INTO AN MOU WITH STATE PARKS
              TO RESTORE THE BEACON ATOP OF MT. DIABLO

       WHEREAS, AB 1916 (Buchanan) would provide a cost-effective way to restore the “Eye
of Diablo” Beacon; and

       WHEREAS, Save Mount Diablo is prepared to assume the costs of restoration and
continue to be a cosponsor in the annual lighting of the beacon each Pearl Harbor Day; and

       WHEREAS, the District supports Save Mount Diablo’s continued dedication to improve
and enhance the conditions of Mt. Diablo State Park; and

       WHEREAS, the District supports constructive activity to restore and maintain facilities
at Mt. Diablo State Park, as well as efforts to honor our nation’s veterans and history of Pearl
Harbor Day.

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby support AB 1916; and

        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents, and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.

      Moved by Director                     , seconded by Director                        , and
              th
adopted this 6 day of June 2012 by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETINGS
                                   BOARD OF DIRECTORS

                           EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.     CONSENT CALENDAR

              r.      Resolution to Support Pending Federal Legislation H.R. 1594 (Bishop) –
                      Open Space Preservation Promotion Act              (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the
Board of Directors adopt a resolution to support H.R. 1594.

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

Rep. Timothy Bishop’s (D-Long Island) Open Space Preservation Promotion Act would clarify
the Internal Revenue Code so people who sell their land or development rights to state or
local governments for conservation purposes may pay their capital gains taxes in installments, as
opposed to all at once. Paying up front can make it unaffordable for people who live in New
York and the 16 other states that use so-called sinking funds in these transactions. It also
would encourage multi-year agreements between local governments and landowners. This
legislation is supported by the Long Island Farm Bureau and the New York State Farm Bureau.
In California, the Williamson Act helps reduce property taxes for ranchers and landowners in
exchange for keeping their property undeveloped and in private ownership. Should a rancher,
farmer or landowner sell their property to a local government, they do pay a long-term capital
gains tax and can offset the gains against losses going forward three years.

Farmers and landowners can receive a significantly reduced payment for the sale of
development rights and conservation easements than they would receive by selling the land to
the private sector for development (although not in cases where the public entity may be paying
fair market value). In many instances, however, these sales are treated the same under the tax
code. In many urban fringe areas farmland is rapidly disappearing, and the U.S. Department of
Agriculture estimates approximately 95 million acres of farmland will be taken over by sprawl
and urban growth in the coming years. In areas where State law requires debt assumed by a
local government to be structured in the form of a sinking fund, farmers and landowners may
be discouraged from selling the development rights of their land for conservation purposes.
Sales to State and local governments which are in the form of a sinking fund, would require
capital gains to be paid in full which could be cost prohibitive for some sellers because their
cash payment may come at a future date. The District, however, typically pays a landowner
cash in full at the close of escrow. Sometimes escrow is extended to leverage WW funds with
grant funding, but typically the close of escrow dovetails with receipt of grant funding. In some
urban fringe areas of the Bay Area, land trusts have made a concerted effort to purchase
development rights to land. The land remains private, but the community gains by preserving
open spaces and enjoying environmental benefits. Many communities could greatly benefit by
the Federal Government taking steps to assist municipalities in the purchase of development
rights. While H.R. 1594 may have minimal impact on the District’s land acquisition practices, it
could prove to be a beneficial precedent for open space preservation in high land value
suburban areas.

ALTERNATIVES

None are recommended.
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 - 06 -

                                         June 6, 2012

 RESOLUTION TO SUPPORT PENDING FEDERAL LEGISLATION H.R. 1594 (BISHOP) –
               OPEN SPACE PRESERVATION PROMOTION ACT

       WHEREAS, the Open Space Preservation Promotion Act adjusts the federal tax code to
make it easier for farmers and ranchers to sell land or development rights to public entities by
spreading out capital gains payments; and

       WHEREAS, this would encourage farmers, ranchers and landowners in urban fringe
areas to protect their land for conservation purposes rather than selling it for development;
and

       WHEREAS, in California the Williamson Act helps reduce property taxes for ranchers
and landowners in exchange for keeping their property undeveloped and in private ownership;
and

       WHEREAS, this legislation could prove to be a beneficial national precedent for open
space preservation in high land value suburban areas, and

        WHEREAS, this legislation would advance open space preservation goals at a national
level, which is consistent with the District’s mission;

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby support H.R. 1594; and

        BE IT FURTHER RESOLVED, that the General Manager is hereby authorized and
directed, on behalf of the District and in its name, to execute and deliver such documents, and
to do such acts as may be deemed necessary or appropriate to accomplish the intentions of
this resolution.

      Moved by Director                         , seconded by Director                     , and
adopted this 6th day of June, 2012 by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                         AGENDA
                                     REGULAR MEETINGS
                                    BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       1.      CONSENT CALENDAR

               s.     Resolution to Support Alameda County Transportation Commission’s
                      Transportation Expenditure Plan (TEP)           (Pfuehler/Doyle)

RECOMMENDATION

The General Manager and Board Legislative Committee (by unanimous vote) recommend the
Board of Directors adopt a resolution to support the Alameda County Transportation
Commission (ACTC) Transportation Expenditure Plan (TEP).

REVENUE/COST

There would be no cost impact as a result of this action.

BACKGROUND

On the November 6, 2012 ballot, Alameda County residents will have the opportunity to
support ACTC’s expenditure plan. The final TEP is a $7.8 billion plan over 30 years. It calls for
an increase in the sales tax by ½ cent, so a full 1 cent of sales tax will go toward transportation
related projects. The TEP includes $651 million for bicycle and pedestrian projects (a full 8.4%
of total anticipated funds) which is almost as much as it includes for Highway Efficiencies and
Freight ($677 million). The TEP specifies funds ($264 million) will go for gap closures on the
Iron Horse Trail, Bay Trail and East Bay Greenway. It also sets up a grant program for regional
projects and trail maintenance of $153 million, for which the District would be a leading
candidate to receive. The bulk of the TEP is allocated to public transit ($3.7 billion), and local
streets and roads ($2.3 billion). The local match money provided by the TEP will greatly
increase the County’s ability to secure external funds – including bicycle and pedestrian monies.
Polling for the measure is good at 79%. As an organization that has benefited, and will benefit,
from ACTC’s emphasis on bicycle and pedestrian projects, the Legislative Committee of the
Board recommended the District adopt a resolution of support for ACTC’s TEP ballot
initiative.

ALTERNATIVES

None are recommended.
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 - 06 -

                                         June 6, 2012

         RESOLUTION TO SUPPORT THE ALAMEDA COUNTY TRANSPORTATION
            COMMISSION’S TRANSPORTATION EXPENDITURE PLAN (TEP)

       WHEREAS, the new Transportation Expenditure Plan (TEP) for Alameda County
consists of programs and projects which provide critical multi-modal transportation solutions
to expand travel choices and relieve congestion throughout the county, as well as reducing
greenhouse gas emissions; and

        WHEREAS, specifically the TEP makes a significant investment in bicycle and pedestrian
projects including setting aside meaningful funds for gap closures in the Iron Horse Trail, Bay
Trail and East Bay Greenway; and

        WHEREAS, the TEP also includes a trail maintenance grant program for which the
District would be eligible to apply; and

        WHEREAS, the TEP recognizes the District’s vision and shared investment in providing
alternative green transportation connectivity; and

        WHEREAS, the District has benefited, and will benefit, from ACTC’s emphasis on
bicycle and pedestrian projects, as well as the augmentation and extension of the existing half-
cent sales tax for transportation in Alameda County.

      NOW, THEREFORE, BE IT RESOLVED the Board of Directors of the East Bay Regional
Park District hereby support the Alameda County Transportation Commission’s
Transportation Expenditure Plan ballot initiative; and

        BE IT FURTHER RESOLVED, the General Manager is hereby authorized and directed,
on behalf of the District and in its name, to execute and deliver such documents, and to do
such acts as may be deemed necessary or appropriate to accomplish the intentions of this
resolution.

      Moved by Director                      , seconded by Director                      ,   and
              th
adopted this 6 day of June, 2012 by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                             AGENDA
                                         REGULAR MEETING
                                        BOARD OF DIRECTORS

                                EAST BAY REGIONAL PARK DISTRICT

                                         Wednesday, June 6, 2012

C.      BUSINESS BEFORE THE BOARD

        I.       CONSENT CALENDAR

                 t.      Approval of a Memorandum of Understanding Regarding Use of Next Era
                         Mitigation Funds in Connection with an Agreement to Repower Wind
                         Turbines in the Altamont Pass Wind Resources Area            (Victor)

RECOMMENDATION

The General Manager recommends approval of a resolution approving entry into a
Memorandum of Understanding (“MOU”) to allow the District to receive mitigation funds from
Next Era in connection with an Agreement to Repower Wind Turbines in the Altamont Pass
Wind Resources Area (“Repowering Agreement”).

REVENUE/COST

The District will receive up to $2,520,000 in mitigation funds payable in three installments as
the repowering plan progresses. Half of these monies will be utilized to fund conservation
projects benefitting bird and bat species. The other half will be used to fund research on the
effects of wind turbines on birds and bats in the Altamont Pass Wind Resources Area. The first
installment of funds is payable upon execution of the MOU and will be $410,550 for
conservation projects or land acquisition, to be recorded in project account 336-6310-128-
3899-5090000LNEC-000, and $410,550 for research to be recorded in project account 336-
6310-128-3899-509100LNER-000. All parties to the MOU must agree on the use of the funds
prior to their expenditure. Funds will be appropriated into the appropriate fund and projects
at that time.

BACKGROUND

On or around December 3, 2010, Next Era, the California Attorney General, the Audubon
Society, and Californians for Renewable Energy1 entered into a Repowering Agreement
intended to resolve a dispute regarding bird and bat mortality at the Altamont Pass wind farm.

1
  The parties to the Repowering Agreement are: Green Ridge Power, LLC, Windpower Partners 1990, L.P.,
Windpower Partners 1991, L.P., Wind Power Partners 1991-2, L.P. and Windpower Partners 1992, L.P.
(collectively "Next Era"); Golden Gate Audubon Society, Santa Clara Valley Audubon Society, Ohlone Audubon
Society, Mount Diablo Audubon Society and Marin Audubon Society (collectively "Audubon"); Californians for
Renewable Energy ("CARE"); and the People of the State of California ex rel. California Attorney General ("AG").
Pursuant to the Repowering Agreement, Next Era agreed to use its best efforts to remove all
of its existing turbines by 2015 and replace them with repowered, new generation turbines. In
addition, in order to compensate, in part, for ongoing bird and bat fatalities that will be caused
by the new generation turbines, Next Era agreed to pay as mitigation $10,500 per megawatt of
installed capacity for each phase (up to three phases) of repowering. Each phase will consist of
approximately 80 megawatts of installed capacity, for a total estimated mitigation fund of
approximately $2,520,000.

The parties to the Repowering Agreement have selected the East Bay Regional Park District as
the entity best able to use the funds for their intended purposes and for maximum benefit. In
order to receive the funds, the parties require that the District enter into an MOU that
provides for the use of the funds.

Under the terms of the MOU, the District may use the conservation funds anywhere in
Alameda or Contra Costa counties to acquire conservation lands, conservation easements, or
wind rights, or to conduct species or habitat restoration benefitting golden eagle, red tailed
hawk, American kestrel burrowing owl, and bat species.

The portion of the funds earmarked for research was originally designated to go to the
California Energy Commission's Public Integrated Energy Research Program, but the Program
was unable to accept the funds and disburse them in accordance with the Repowering
Agreement. Accordingly, the parties have requested that the District accept the funds to pay
for research on the effects of the wind turbines on bird and bat species in the Altamont Pass
Wind Resources Area. The work will be undertaken either by District stewardship staff or
outside consultants under the supervision of the District pursuant to a scope of work approved
by the parties to the Repowering Agreement. These funds can be budgetedfor stewardship
staff time spent on the studies. The goal of the studies is to determine and reduce the impacts
of the repowered turbines on bird and bat species.

ALTERNATIVES

None are recommended.
                            EAST BAY REGIONAL PARK DISTRICT

                                 RESOLUTION NO.: 2012 - 06 -

                                            June 6, 2012

       APPROVAL OF A MEMORANDUM OF UNDERSTANDING REGARDING USE OF
    NEXT ERA MITIGATION FUNDS IN CONNECTION WITH AN AGREEMENT TO
    REPOWER WIND TURBINES IN THE ALTAMONT PASS WIND RESOURCES AREA

       WHEREAS, on December 3, 2010, Green Ridge Power, LLC, Windpower Partners
1990, L.P., Windpower Partners 1991, L,P., Wind Power Partners 1991-2, L.P., and Windpower
Partners 1992, L.P. (collectively "Next Era"); Golden Gate Audubon Society, Santa Clara Valley
Audubon Society, Ohlone Audubon Society, Mount Diablo Audubon Society, and Marin
Audubon Society (collectively "Audubon"); Californians for Renewable Energy ("CARE"); and
the People of the State of California ex rel. California Attorney General entered into an
Agreement to Repower Turbines at the Altamont Pass Wind Resources Area ("Repowering
Agreement"); and

       WHEREAS, the Repowering Agreement requires Next Era to use all commercially
reasonable efforts to replace all of its existing old-generation wind turbines with new
generation turbines by September 30, 2015 in up to three phases; and

        WHEREAS, the Repowering Agreement also requires Next Era to pay a mitigation fee
of $10,500 per megawatt of installed capacity for each phase of repowering and each phase will
consist of approximately 80 megawatts of installed capacity; and

        WHEREAS, the Repowering Agreement provides that half of the total mitigation fees
shall be used for conservation efforts for the benefit of bird and bat species; and half of the total
fees shall be paid to fund research on the effects of wind turbines on birds and bats in the
Altamont Pass Wind Resources Area; and

       WHEREAS, the Parties to the Repowering Agreement have identified the Park District
as the entity that can best ensure that the funds will be used for their intended purposes and
for maximum benefit; and

        WHEREAS, in order to receive the funds the Park District must enter into a
Memorandum of Understanding ("MOU") with the Parties agreeing that the funds will be held
and utilized consistent with the terms of the Repowering Agreement;

        NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby authorizes the General Manager to execute an MOU between
Next Era, Audubon, CARE, the California Attorney General, and the East Bay Regional Park
District regarding the use of Next Era mitigation funds; and
       BE IT FURTHER RESOLVED, that the Chief Financial Officer or Budget Manager is
hereby authorized to amend the budget, without further Board action, to increase budgeted
revenue and appropriations as required by the terms of the MOU to be recorded in projects
336-6310-128-3899-509000LNEC-000 (conservation) and 336-6310-128-3899-509100LNER-
000 (research); and

        BE IT FURTHER RESOLVED that the General Manager is hereby authorized and
directed, on behalf of the District and its name, to execute and deliver such documents and to
do such acts as may be deemed necessary or appropriate to accomplish the intention of this
resolution.

      Moved by Director                        , seconded by Director                 ,   and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                     EAST BAY REGIONAL PARK DISTRICT
                          BUDGET CHANGE FORM
        NEW APPROPRIATIONS                      BUDGET TRANSFERS
 X From New Revenues                  Between Projects
                                      From Another Department
      DECREASE BUDGET                                                         INCREASE BUDGET
                                                 AMOUNT                                                                     AMOUNT
         ACCOUNT                                                                 ACCOUNT
                                                                      Account Name: REVENUE: OTA
                                                                      Fund-Land Acquisition-Vasco Caves-
                                                                      Other Revenue- Designated
                                                                      Acquisitions Project-NextEra
                                                                      Conservation Funds –Other
                                                                      Revenue


                                                                      Account #: 336-6310-128-3899/                         $   410,550.
                                                                      509000 LNEC-000
                                                                      Account Name: REVENUE: Other
                                                                      Than Asset Fund-Land Acquisition-
                                                                      Vasco Caves-Other Revenue-NextEra
                                                                      Research Funds Project




                                                                      Account #: 336-6310-128-3899/                         $   410,550.
                                                                      509100 LNER- 000

REASON FOR BUDGET CHANGE ENTRY:
As being presented at the Board of Directors meeting on June 6, 2012 the General Manager recommends that
the Board of Directors accept mitigation fees collected from NextEra; $410,550 will be used for conservation
projects and $410,550 will be used for research projects that may be performed by the District or by other
agencies. Use of the monies collected and held by the District are subject to approval by all of the agencies
involved in forging the mitigation agreement with NextEra, including the Attorney General of California.
                                  As Approved at the Board of Directors Meeting on:                       Date:     06/06/2012

                                                             Board of Directors Resolution                 No. 2012-06
          Posted By:                                                                                      Date:




 C:\Users\apulido\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\1YMXE8J1\Next Era Revenue.docx
FINANCE AND
MANAGEMENT
SERVICES
                                          AGENDA
                                      REGULAR MEETING
                                     BOARD OF DIRECTORS

                             EAST BAY REGIONAL PARK DISTRICT

                                     Wednesday, June 6, 2012


C.     BUSINESS BEFORE THE BOARD

       2.      FINANCE AND MANAGEMENT SERVICES

               a.     PUBLIC HEARING

                      Approval of Engineer's Report for Fiscal Year 2012/13, Adopt Resolution
                      Confirming Diagram and Assessment, Order Maintenance, Improvements
                      and Levy Annual Assessment for East Contra Costa County Landscaping and
                      Lighting Assessment District No. 1; Adopt Resolution Regarding Protests
                                                                             (Rubaloff/Collins)

RECOMMENDATION

The General Manager recommends that the Board of Directors:

1.     Receive public comments regarding the Draft Engineer's Report for operation of the East
       Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) for
       Fiscal Year 2012/13;

2.     Approve the ECCC-1 Engineer's Report for Fiscal Year 2012/13;

3.     Adopt a resolution confirming the diagram and assessment as set forth in the Engineer’s
       Report for Fiscal Year 2012/13 (available for review through the Clerk of the Board);

4.     Order the maintenance and improvements and levy the assessment as set forth in the
       Engineer's Report for Fiscal Year 2012/13;

5.     Adopt a resolution overruling protests.

REVENUE/COST

Assessment revenues totaling $687,442 are expected to be raised from this Landscape and
Lighting Assessment District proceeding. These revenues are anticipated in the 2012 and 2013
District fiscal year budgets, and are restricted to maintain parkland, open space, trails and related
parkland access within the boundaries and provisions described in the attached Engineer’s Report.



                                                 1
BACKGROUND

On May 15, 2012, the Board passed a Resolution of Intention to Order Improvements for the FY
2012/13 operation of ECCC-1, establishing Wednesday, June 6, 2012 at 6:00 p.m. at the Big Break
Visitors Center at the Delta, 69 Big Break Road, Oakley, CA 94561 as the date, time and place to
conduct a public hearing, and instructing the Clerk of the Board to provide appropriate notice.
The proposed FY 2012/13 program is described in the Engineer's Report (Attachment A)
submitted with this board report.

East Contra Costa County (ECCC) was annexed to the District in 1981. This annexation
occurred without redistribution to the District of tax revenues being collected by the County and,
as a result, no operating revenue for regional park and trail facilities could be provided. In the
mid-to-late 1980s, substantial residential development and corresponding population growth
occurred in the area inevitably leading to local citizen requests for regional park facilities and
services in the far ECCC area.

The passage of Measure AA in 1988 provided capital funds for the acquisition and development of
regional park and trail facilities in ECCC. Without tax revenues, however, there was no funding
available for maintenance and operation of these new regional park facilities. In recognition of this
problem, the Board appointed a representative community-based ECCC Citizens Task Force to
consider approaches for providing operation and maintenance funding. After a long deliberation,
the Citizens Task Force recommended creation of a Landscaping and Lighting Special Assessment
District to provide needed operational revenues. The District then initiated legal proceedings
which culminated in a December 1991 Board action to form the East Contra Costa County
Landscaping and Lighting Assessment District No. 1 (ECCC-1).

ECCC-1 began its first year of operation on July 1, 1992. The initial assessment established for all
qualifying parcels was an annual rate of $19.70. At the time of formation the Board indicated its
intention to retain future annual assessments, with possible adjustments for inflation, at the same
approximate level. The $19.70 rate has not changed.

In November 1996, consistent with the provisions of Proposition 218, the continuation of the
assessment rate and services provided by ECCC-1 was placed on the ballot as Measure LL. This
ballot measure was approved (67.8% in favor) by the citizens of ECCC.

The proposed program for FY 2012/13 is described in the Engineer's Report, Attachment A. The
assessment for FY 2012/13 would remain the same as last year at $19.70 per dwelling unit.

The General Manager recommends that the Board approve the Engineer’s Report. By taking the
recommended action, the District will make it possible for the ECCC-1 to continue its current
service to East Contra Costa residents in the 2012 and 2013 District budget years.

At this Board meeting, on June 6, 2012, the Board will receive public comments and thereafter
determine whether to approve the Engineer’s Report (Work Program, Budget and Rate of
Assessment).



                                                 2
A second resolution is a requirement of State law that the Board must adopt a resolution
overruling any protest to the assessment if any should be received.

ALTERNATIVES

None are recommended.




Attachment A: FY 2012/13 Engineer’s Report for ECCC-1




                                            3
East Bay Regional Park District

East Contra Costa County Landscaping and Lighting Assessment District
No. 1 (ECCC-1)

Fiscal Year 2012/13 Engineer’s Report

June 2012




                                                                 Main Office
                                           32605 Temecula Parkway, Suite 100
                                                         Temecula, CA 92592
                                   Toll free: 800.676.7516 Fax: 951.296.1998

                                                             Regional Office
                                                 870 Market Street, Suite 1223
                                                     San Francisco, CA 94102
                                   Toll free: 800.434.8349 Fax: 415.391.8439
          EAST BAY REGIONAL PARK DISTRICT
EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING
         ASSESSMENT DISTRICT NO. 1 (ECCC-1)
                    2950 Peralta Oaks Court
                    Oakland, California 94605
                     Phone - (888) 327-2757




                       BOARD OF DIRECTORS

                    Whitney Dotson, Board Member

                      John Sutter, Board Member

                     Carol Severin, Board Member

                      Doug Siden, Board Member

                     Ayn Wieskamp, Board Member

                     Beverly Lane, Board Member

                       Ted Radke, Board Member



                           DISTRICT STAFF

                   Robert E. Doyle, General Manager

               Dave Collins, Assistant General Manager

                   Ted Radosevich, District Counsel

            Cinde Rubaloff, Chief Financial Officer/Controller



                                  NBS

                      Tim Seufert, Project Director

                     Trevor Speer, Project Manager

                     Nick Dayhoff, Financial Analyst
TABLE OF CONTENTS


1.    EXECUTIVE SUMMARY .............................................................. 1-1

2.    PLANS AND SPECIFICATIONS .................................................. 2-1
2.1    Description of the District Boundaries .......................................................... 2-1
2.2    Description of Areas to be Improved ............................................................ 2-1
2.3    Description of Improvements........................................................................ 2-2
2.4    Identification of Benefit ................................................................................. 2-3

3.    ESTIMATE OF COSTS ................................................................ 3-1
4.    ASSESSMENT DIAGRAM........................................................... 4-1
5.    ASSESSMENTS ..........................................................................5-1
5.1    Method of Apportionment ............................................................................. 5-1
5.2    Appeals of Assessment Levy to Property..................................................... 5-2
5.3    Assessment Roll .......................................................................................... 5-3
1. EXECUTIVE SUMMARY
On March 20, 2012, the Board of Directors of the East Bay Regional Park District (the “EBRPD”),
State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), adopted its Resolution
Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of an
Engineer’s Report for the East Contra Costa County Landscaping and Lighting Assessment District
No. 1 (the “District”).

The Resolution of Initiation directed NBS Government Finance Group, DBA NBS, to prepare and file
a report presenting plans and specifications describing the general nature, location, and extent of the
improvements to be maintained, an estimate of cost of the maintenance, operations, and servicing of
the improvements for the District for the referenced fiscal year, a diagram for the District, showing the
area and properties proposed to be assessed, and an assessment of the estimated costs of the
maintenance, operations, and servicing the improvements, assessing the net amount upon all
assessable lots and/or parcels within the District in proportion to the special benefit received.

The following assessment is made to cover the portion of the estimated cost of maintenance,
operation, and servicing of said improvements to be paid by the assessable real property within the
District in proportion to the special benefit received:

                                    SUMMARY OF ASSESSMENT

                            Fiscal Year 2012/13        Fiscal Year 2012/13
                                 Proposed                   Maximum                As Confirmed by
        District               Assessment                 Assessment                   Board
        ECCC-1                         $687,441.98                $687,441.98                $687,441.98


The assessment has been levied in accordance with the assessment methodology adopted and
approved by the Board at the time of District formation.

The District was formed prior to the passage of Proposition 218, The Right to Vote on Taxes Act,
which was approved by the voters of California on November 6, 1996, and is now Article XIlIC and
XIlID of the California Constitution. Although this assessment is consistent with Proposition 218, the
California judiciary has generally referred to pre-Proposition 218 assessments as "grandfathered
assessments" and held them to a lower standard than post Proposition 218 assessments. As required
by Proposition 218, the voters of eastern Contra Costa County approved the continuation of the
District in November of 1996 (Measure LL). This measure passed with 67.8% approval from the
voters within the District.




ECCC-1 Annual Report – East Bay Regional Park District                                               1-1
Prepared by NBS – Fiscal Year 2012/13
2. PLANS AND SPECIFICATIONS
2.1     Description of the District Boundaries

The District is defined by the boundaries of the Liberty Union High School District, in east Contra
Costa County. The parcels of land, which have been determined to be within the boundaries of the
District using County Tax Rate Areas, are those parcels shown in the assessment roll for the District.


2.2     Description of Areas to be Improved

The acquisitions and improvements to be maintained, improved, and serviced by the assessments
include parklands, trails, and related parkland access improvements throughout the District. The
District improvements are generally as follows:

Marsh Creek Trail
7.74 miles - Big Break Trail to Creekside Park:
The Creekside Park to Cypress Road portion of this trail is 6.54 miles long and was opened in phases
from December 1992 to 1997. Construction costs for the first phase (Cypress Road to Dainty Avenue)
were $775,000 for the trail and $260,000 for bridges. In 2001, the operation of the Dainty Avenue to
Balfour Road section of the trail was transferred to the EBRPD from the City of Brentwood. The 0.5
mile Balfour Road to Creekside Park portion of the trail was built by subdivision developers in
1996/97 and opened in 1997. Beginning in Fiscal Year 2005/06, the EBRPD has maintained
responsibility for a trail tunnel beneath O'Hara Avenue and a tunnel beneath Sand Creek Road. The
EBRPD expects to maintain a 9/10 mile extension to the Delta Shoreline Trail beginning in the next
cycle.

The Cypress Road to Delta Shoreline portion is 1.2 miles long and opened May 31, 1997, with a
construction cost of $421,000 for the trail and railroad underpass.

Delta/De Anza Trail
Approximately 3.5 miles - Cypress Road to Neroly Road:
The Cypress Road to Neroly Road portion of the trail is about 2.5 miles long and opened June 1,
1996, with a construction cost of $355,000 (trail and screen fencing). The Hillcrest to Ridgeline
segment opened 2007/08 and added one additional mile of trail.

Big Break Trail
1.7 miles - Jordan Lane to Big Break Bridge:
The Marsh Creek Bridge to Jordan Lane section of trail, which opened in 1998, is 1.7 miles in length
and cost $525,000 to construct. Additionally, a trail from Big Break Road to the flood control channel
has been constructed and is being maintained.




ECCC-1 Annual Report – East Bay Regional Park District                                              2-1
Prepared by NBS – Fiscal Year 2012/13
ECCC Trails Service Yard
Adjacent to the Iron Horse Sanitation District facilities in Oakley:
The Iron Horse Sanitation District Plant (IHSD) in Oakley opened September of 1994. The EBRPD
acquired land from IHSD nearby for a permanent service yard which was completed in 2003. The
ECCC Service Yard provides necessary support for the continued growth of the District Trails and
Park Program.

Vasco Caves Regional Preserve
This 750 acre property was acquired by the Contra Costa Water District and the EBRPD in 1997/98
at a cost of $1,360,000 and is currently maintained by the EBRPD. It opened in 1999/2000 for public
use by reservation only. An additional 617 acres were acquired on December 23, 2004, at an
additional cost of $2,961 600.

Round Valley Regional Preserve
The Purviance property of 1,165 acres was acquired in 1995 at a cost of $2,058,500. The Aswad
property of 160 acres was acquired in April of 1996 at a cost of $224,000. The Cowell property was
leased to the EBRPD in 1996 and opened in 1998. The construction cost of staging area and access
was $921,500. There are 3.2 miles of trail. An additional 45 acres was added on January 31, 2000, at
a cost of $313,250.

Delta Access
The EBRPD acquired the Fallman property on June 20, 2002, at a cost of $1,500,000. The property is
276 acres in size and is located adjacent to the Werner Dredger Cut, east of Knightsen, in the
Orwood Tract. The property is currently in agricultural use and will be kept in land bank status until
funding is obtained for the development and operation of a delta access facility.

Projects to be Funded with Excess District Funds
$70,000 – Re-pave Marsh Creek Trail
$100,000 – Big Break Visitor Center at the Delta recreation equipment/supplies/exhibits



2.3     Description of Improvements

The level of operations, maintenance and servicing include, but are not limited to: culvert service and
repair, drinking fountains repair, entry structure repair, erosion control, fence repair, fire suppression,
inlet, pipeline and outfall service and repair, litter control, mowing, painting, ranger patrol, repaving
and crack repair, rest room maintenance, sign maintenance, stair tread repair, tree and shrubbery
trimming and removal, weed abatement, landscaping, grading and soil preparation. The operations,
maintenance and service include personnel, electrical energy, and utilities such as water, materials,
contractual services, administrative costs and other items as necessary. All work will be performed to
an acceptable standard and in accordance with applicable safety, environmental, aesthetic and
building standards and regulations. Any plans for these improvements will be filed with the EBRPD
and are incorporated herein by reference.




ECCC-1 Annual Report – East Bay Regional Park District                                                 2-2
Prepared by NBS – Fiscal Year 2012/13
2.4     Identification of Benefit

The District provides funds needed to maintain, operate, and construct parks, trails, open
space, and other related park and access improvements within the District, as prescribed in
the State of California Streets and Highways Code. Cost of acquisition and development of the
regional facilities is funded primarily through Federal and State grants, Bond Acts, and various
public and private donations.

By definition, all District lands maintained with the assessment revenues are directly related to
property within the District, and benefits are received equally by all residential property owners
within the District. A single zone of benefit for residential properties is in effect throughout the
entire area of the District, and assessments are established accordingly. Assessments are
directed exclusively to owners of all individual residential parcels which include a residence or
residences as defined by the Contra Costa County Assessor, according to the plan defined
below in this Report. The plan reflects vary ing rates of assessment, dependent upon the
number and type of residential units located on the various parcels.




ECCC-1 Annual Report – East Bay Regional Park District                                          2-3
Prepared by NBS – Fiscal Year 2012/13
3. ESTIMATE OF COSTS
The EBPRD receives revenue funding from the District. Revenue from this source will be used for the
improvement, maintenance, and servicing of the public facilities within the District. The budget for
Fiscal Year 2012/13 is shown in the following table:

                            DESCRIPTION                                  AMOUNT
        Sources
          Beginning Fund Balance, January 1, 2012                                 $543,540
          Total Assessment FY 2012/13                                               687,442
          County Collection Fees                                                    (25,880)
          Interest                                                                    10,000
        Total Sources                                                            $1,215,102
        Uses
          Maintenance Expenditures:
              Salaries and Benefits                                               $507,620
              Supplies                                                              72,800
              Services                                                             202,310
          Administrative Expenses:
              Intra-District Charges                                                115,000
              Engineer Charges                                                        5,300
          Transfers Out                                                             100,000
        Total Uses                                                               $1,003,030
        Projected Change in Fund Balance                                         ($331,468)
        Projected Ending Fund Balance, December 31, 2012                           $212,072




ECCC-1 Annual Report – East Bay Regional Park District                                          3-1
Prepared by NBS – Fiscal Year 2012/13
4. ASSESSMENT DIAGRAM




An Assessment Diagram for the District has been submitted to the EBRPD Clerk in the format
required under the provision of the Act. The Assessment Diagram is on file with the EBRPD Clerk and
by reference herein is made part of this Report. The lines and dimensions shown on maps of the
Contra Costa County Assessor for the current year are incorporated by reference herein and made
part of this Report.




ECCC-1 Annual Report – East Bay Regional Park District                                         4-1
Prepared by NBS – Fiscal Year 2012/13
5. ASSESSMENTS
The actual assessments for Fiscal Year 2012/13, apportioned to each parcel as shown on the latest
equalized roll at the County Assessor’s office, are listed and submitted as Section 6 of this Report for
the District. The description of each lot or parcel is part of the records of the Contra Costa County
Assessor and such records are, by reference, made part of this report.


5.1     Method of Apportionment

Assessments for individual parcel owners will be included as a part of the annual tax bill.
Senior citizens whose annual income is below the State of California defined poverty level, are
entitled to a 50% discount on their assessment. Assessments for the individual parcels in the
District, consistent with approved residential property assessment practices in other Contra
Costa County special assessment districts, are based upon the schedule shown below.

    1. Single Family Units on a single parcel (home, condominium, townhouse, mobile home,
       rural residential) are assessed $19.70 per unit

        For Fiscal Year 2012/13, there are 33, 392.5 assessable units for a total of
        $657,832.16.

    2. Two or more residential units, to a maximum of four residential units, on a single parcel
       (homes, duplex, triplex, mobile home) are assessed $19.70 per individual living unit

        For Fiscal Year 2012/13, there are 608 assessable units for a total of $11,977.60.

    3. Multiple living units (apartments of five living units or more) are assigned an
       assessment rate of 0.5 units per individual living unit, or $9.85 per individual living unit

        For Fiscal Year 2012/13, there are 1,376 assessable units for a total of $13,553.54.

    4. Living units in hotels, motels, and mobile home parks are assigned an assessment rate
       of 0.25 units per individual living unit, or $4.92 per individual living unit

        For Fiscal Year 2012/13, there are 829 assessable units for a total of $4,078.68.

All assessments are rounded down to an even cent for placement on the Contra Costa County
property tax roll.




ECCC-1 Annual Report – East Bay Regional Park District                                              5-1
Prepared by NBS – Fiscal Year 2012/13
5.2     Appeals of Assessment Levy to Property

Any property owner, who feels that the assessment levied on the subject property is in error as a
result of incorrect information being used to apply the foregoing method of assessment, may file a
written appeal with the Chief Financial Officer/Controller of the EBRPD, or designee. Any such appeal
is limited to correction of an assessment during the then current or, if before July 1, the upcoming
fiscal year. Upon the filing of any such appeal, the Chief Financial Officer/Controller or designee will
promptly review the appeal and any information provided by the property owner. If the Chief Financial
Officer/Controller or designee finds the assessment should be modified, the appropriate changes
shall be made to the assessment roll. If any such changes are approved after the assessment roll has
been filed with the County of collection, the Chief Financial Officer/Controller or designee is
authorized to refund the property owner the amount of any approved reduction. Any dispute over the
decision of the Chief Financial Officer/Controller or designee shall be referred to the EBRPD Board of
Directors and the decision of the Board shall be final.




ECCC-1 Annual Report – East Bay Regional Park District                                              5-2
Prepared by NBS – Fiscal Year 2012/13
5.3    Assessment Roll




Each year the EBRPD obtains a current listing of all parcels located within the District boundaries
from the County Assessor. The listing identifies each individual parcel, its owner, and defines
the County Assessor Use Code for the parcel. The complete listing of all parcels to be
assessed, including name of owner, parcel address, and amount of the proposed
assessment, is on file at the EBPRD headquarters office. Parcel references are consistent with
Contra Costa County Assessor parcel numbers, in order to avoid confusion or
misunderstanding by residential property owners.




ECCC-1 Annual Report – East Bay Regional Park District                                         5-3
Prepared by NBS – Fiscal Year 2012/13
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                         June 6, 2012

            APPROVAL OF ENGINEER'S REPORT FOR FISCAL YEAR 2012/13,
           ADOPT RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT,
            ORDER MAINTENANCE, IMPROVEMENTS AND LEVY ANNUAL
                ASSESSMENT FOR EAST CONTRA COSTA COUNTY
            LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1

         WHEREAS, on March 20, 2012, the Board of Directors approved the resolution
initiating proceedings and directed NBS, the Engineer, to prepare and file an Engineer’s Report
for Fiscal Year 2012/13; and

        WHEREAS, at the time of the formation of ECCC-1 in 1991, the Board indicated its
intention to retain future annual assessments at the same approximate level and this rate has
been continued at $19.70; and

       WHEREAS, in November 1996, consistent with the provisions of Proposition 218, the
continuation of the assessment rate and services provided by ECCC-1 was placed on the ballot
as Measure LL and this ballot measure was approved (67.8% in favor) by the electorate of East
Contra Costa County; and

       WHEREAS, on May 15, 2012 the Board of Directors granted preliminary approval to
the Draft ECCC-1 Engineer’s Report for Fiscal Year 2012/13, adopted a Resolution of Intention
to Order Improvements within ECCC-1, and set a public hearing to be held on June 6, 2012, at
6:00 p.m. at the Big Break Visitors Center at the Delta, 69 Big Break Road, Oakley, CA 94561,
and notice of the hearing was given in the time and manner required by law; and

       WHEREAS, at the public hearing the Board of Directors afforded to interested persons
an opportunity to protest the annual report either in writing or in person, and the Board of
Directors has considered the protests.

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby approves the Engineer's Report for ECCC-1, approves the
diagram and assessment, orders the maintenance and operation of the Assessment District, and
hereby levies the assessment, all as set forth in the Engineer's Report for 2012/13; 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 and appropriate to accomplish the intentions of
this resolution.
      Moved by Director                      , seconded by Director   , and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                           EAST BAY REGIONAL PARK DISTRICT

                               RESOLUTION NO.: 2012 – 06 -

                                          June 6, 2012

                          RESOLUTION OVERRULING PROTESTS
                     (Pursuant to the Landscaping & Lighting Act of 1972)


       WHEREAS, on June 6, 2012 the Board of Directors opened a public hearing on the
approval of the Engineer's Report on the proposed maintenance and operation of the East
Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) for Fiscal
Year 2012/13; and

       WHEREAS, at or before the time set for hearing, certain interested persons made
protest, or objections to the proposed maintenance and operation, the extent of the
assessment district, or the proposed assessment; and

        WHEREAS, the Board of Directors finds that the protest against the proposed
maintenance and operation (including all written protests not withdrawn in writing before the
conclusion of the protest meeting) is made by the owners of less than one-half (50%) of the
area of the land to be assessed;

       NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the East Bay
Regional Park District hereby overrules each of these protests.

      Moved by Director                        , seconded by Director                   , and
adopted this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
                                        AGENDA
                                    REGULAR MEETING
                                   BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                    Wednesday, June 6, 2012


C.     BUSINESS BEFORE THE BOARD

       2.      FINANCE AND MANAGEMENT SERVICES

               b.     Resolution Of The Board Of Directors Of The East Bay Regional Park
                      District Authorizing Issuance Of Not To Exceed $25,000,000 Initial
                      Principal Amount Of 2012 Promissory Notes, Authorizing And Directing
                      Execution Of A Related Indenture Of Trust, And Authorizing Other
                      Official Actions Related Thereto               (Rubaloff/Collins)

RECOMMENDATION

The General Manager and the Board Finance Committee (by unanimous vote) recommend that
the Board of Directors adopt the attached resolution authorizing issuance of promissory notes
(the “Notes”) for the purpose of funding renovation and replacement of District field and
administrative facilities.

REVENUE/COST

The exact repayment terms of the Notes will be determined by market conditions at the time
of sale, anticipated for August, 2012. However, by adopting this resolution, the Board will
ensure that:
     Final maturity of the Notes shall not be more than 30 years from their date of issuance
         and delivery.
     The total principal amount of the Notes shall not exceed $25,000,000.
     The purchase price to be received by the District for the Notes shall be at least ninety-
         five percent (95%) of the par amount thereof.
     The true interest cost of the Notes shall not exceed six percent (6.00%) per annum.

The resulting annual bond payment for the Notes is anticipated to be less than the District’s
current annual combined debt service for the 1987 promissory notes and the helicopter
lease/purchase, approximately $1.9 million, both obligations which will be paid in full this year.

BACKGROUND

The District maintains an extensive system of Regional Parks and Trails throughout both
Alameda and Contra Costa Counties. This system is served and operated by over 1,000
employees working out of over 40 work sites and engaged in day to day maintenance, police,
fire, environmental education, recreation, vehicle repair, construction, land management and
many other duties. The District has been very successful in obtaining significant bond and grant
funds for the expansion of parks and the construction of public park amenities; however, these
funding sources are generally unavailable for the acquisition and construction of staff service,
maintenance and administrative facilities.

The District’s inventory of staff-related work sites were constructed over the past 75 years as
funding and opportunity permitted, resulting in a number of aging and in some cases decrepit,
facilities that in some cases continue to serve as employee work spaces. Over the past decade
the Board has committed several million dollars to minor renovations and site improvements at
many in-park service yards to bring many of these facilities into good repair. However, the
need to address this backlog of facility needs for a number of sites has resulted in the
development of an initiative for the replacement and/or renovation of the District’s Field and
Administrative facilities.

This plan intends the major renovation and/or replacement of the 19 facilities and elements
listed on the project list attached to this material (Attachment A). The funding for this initiative
is intended to come from a variety of sources, including the District’s General Fund, Measure
WW (where authorized), and this issuance of the Notes. The overall program is anticipated to
require up to $80 million to complete, and is anticipated to be undertaken over a ten year
period.

This concept and proposed issuance of debt was discussed with the Board at prior Workshops
and the implementing documentation has been provided to and was recommended for approval
by the Board Finance Committee at their May 22, 2012 meeting. At that time, the discussion
was for a “not to exceed” amount of $23 million; however, at the suggestion of the Financing
Team, the total “not to exceed” amount in this material is recommended to be raised to $25
million to provide the opportunity for securing low rate financing for this amount should
market conditions at the time of sale prove particularly advantageous.

At this meeting the Board is asked to approve a resolution authorizing the issuance of the
Notes including the “not to exceed” terms and conditions of the sale. The draft Indenture of
Trust is attached as Attachment B for the Board’s information. On or about July 17, 2012, the
Board will also be asked to adopt a resolution approving the Preliminary Official statement and
sale documents relating to the Notes. Both the Indenture of Trust and the Preliminary Official
Statement will be finalized once the Notes are sold in August or September of this year.

Completion of the process and conclusion of the issuance is anticipated for early September,
2012.

ALTERNATIVES

None are recommended.




       A: Field and Administrative Facility Replacement/Renovation Project List
       B: Draft Indenture of Trust, EBRPD 2012 Promissory Notes
                                  BOARD OF DIRECTORS
                            EAST BAY REGIONAL PARK DISTRICT

  RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST BAY REGIONAL PARK
     DISTRICT AUTHORIZING ISSUANCE OF NOT TO EXCEED $25,000,000 INITIAL
  PRINCIPAL AMOUNT OF 2012 PROMISSORY NOTES, AUTHORIZING AND DIRECTING
    EXECUTION OF A RELATED INDENTURE OF TRUST, AND AUTHORIZING OTHER
                    OFFICIAL ACTIONS RELATED THERETO

                               RESOLUTION NO.: 2012 – 06 - ___

        WHEREAS, the East Bay Regional Park District (the “District”) is a public agency duly
established and authorized to transact business and exercise powers under and pursuant to the
provisions of Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the State of
California (the "Law"), including the power to provide recreational areas and trails for use by the
inhabitants of the District and, in furtherance thereof, the District may acquire all necessary and
proper lands and facilities and provide for the acquisition and construction of improvements
thereto;

         WHEREAS, the under Section 5544.2 of the Law, the District has the power to incur
indebtedness to be evidenced by promissory notes, the proceeds of which shall be applied to
acquire necessary and proper lands and facilities for the District, and, if the indebtedness
incurred pursuant to this section is for the acquisition of lands and facilities designated in the
District's master plan, including the Chabot Ridgelands, such indebtedness may be repaid
during a period not to exceed 30 years;

        WHEREAS, the District has determined at this time that it is in the best financial
interests of the District to issue its 2012 Promissory Notes (the “Notes”);

       WHEREAS, the Notes are proposed to be issued pursuant to an Indenture of Trust (the
"Indenture") by and between the District and a trustee to be appointed at a later date (the
“Trustee);

         WHEREAS, the Board wishes at this time to authorize the issuance of the Notes and the
institution of proceedings for the issuance and sale thereof;

      NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the East Bay
Regional Park District as follows:

         Section 1. Authorizations. The Board hereby authorizes the issuance of the Notes
under the Law and the Indenture in the aggregate principal amount of not to exceed
$25,000,000, for the purpose of acquiring land and facilities described in the District’s master
plan. The list of such land and facilities is set forth in Exhibit A attached hereto, as such Exhibit
A may hereafter be modified by resolution adopted by the Board, provided that all such lands
and facilities set forth at any time on Exhibit A must be land and facilities designated in the
District’s master plan. The Board hereby finds and determines that the lands and facilities
currently listed on said Exhibit A are designated in the District’s master plan. The President of
the Board, Clerk of the Board, General Manager, Assistant General Manager, Finance and
Management Services, Chief Financial Officer and General Counsel to the District (each, a
“District Representative”) are each, acting alone, authorized and directed to take all actions and
execute and deliver all documents, certificates, and instrument required for the issuance of the
Notes. At any time after the adoption of this Resolution, the appropriate officers of the District
shall proceed to prepare or cause to be prepared the necessary documentation for the sale of
the Notes, which documentation will be subject to the approval of this Board prior to the Notes
being sold.

        Section 2. Approval of Indenture. The Board hereby approves, in substantially the
forms on file with the Clerk of the Board as of the date hereof, the Indenture. The Indenture
shall be executed in the name and on behalf of the District by a District Representative, each of
whom is hereby authorized and directed to execute and deliver said form of Indenture on behalf
of the District together with any changes therein or modifications thereof deemed necessary or
advisable, including but not limited to additions required to incorporate the requirements of any
municipal bond insurance policy obtained with respect to the Notes, and a District
Representative’s execution of the Indenture shall be conclusive evidence of the approval of any
such changes and modifications, provided that the final maturity of the Notes shall not be more
than 30 years from their date of issuance and delivery, the total principal amount of the Notes
shall not exceed $25,000,000, the purchase price to be received by the District for the Notes
shall be at least ninety-five percent (95%) of the par amount thereof, and the true interest cost
of the Notes shall not exceed six percent (6.00%) per annum.

       Section 3. Official Actions. Each of the District Representatives, and any and all
other officers of the District are hereby authorized and directed, for and in the name and on
behalf of the District, to do any and all things and take any and all actions, including execution
and delivery of any and all assignments, certificates, requisitions, agreements, notices,
consents, instruments of conveyance, warrants and other documents, which they, or any of
them, may deem necessary or advisable in order to consummate the lawful issuance and sale
of the Notes as described herein. Whenever in this resolution any officer of the District is
authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person designated by
such officer to act on his or her behalf in the case such officer shall be absent or unavailable.

        Section 4. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.

                                       *************

      Moved by Director                      , seconded by Director                       ,   and
approved this 6th day of June, 2012, by the following vote:

FOR:

AGAINST:
ABSTAIN:
ABSENT:
Exhibit A
East Bay Regional Park District, 2012 Promissory Notes
Field and Administrative Facility Replacement/Renovation Project List

This Facility Replacement/Renovation plan is a multi-year initiative supported by several funding sources: District General Fund and
Capital funds currently appropriated to these projects, Measure WW bond proceeds for named projects, funding anticipated from the
proceeds of the 2012 Promissory Notes and additional funding to be sought from future public and private grants, possible use of
Measures WW and CC contingencies, or further General Fund appropriations. Any or all of the projects listed below are considered
eligible for use of the proceeds for the 2012 Limited Obligation Bonds.



                            Facility                                                          Description

                                                          Acquire and renovate as required, one or more buildings to provide a new
      Regional Park District Administration and Public
 1                                                        Public Safety Headquarters and to allow for expansion of the District's
      Safety Offices
                                                          Administrative Office.
 2    South County Equipment Shop                         Construct enclosed shop space for equipment maintenance and repair.

                                                          Renovate crew offices and shops for Building Trades, Sanitation, Fire Station 1,
 3    Tilden Regional Park Corporation Yard
                                                          Central Stores and local Tilden Park staff

 4    Police Helicopter Facility                          Relocate Police Helicopter hanger.

 5    Point Pinole Regional Shoreline Service Yard        Construct new office, shop and storage space for park operations.

 6    Shadow Cliffs Service Yard                          Construct new office, shop and storage space for park operations.
                                                          Continue utility, garage, garbage collection and other upgrades to existing
 7    District-Wide Service Yard Upgrades
                                                          service yards.

 8    Ardenwood Historic Farm, Service Yard               Construct new office, shop and storage space for park operations.

      Martin Luther King Jr. Regional Shoreline Service
 9                                                        Construct new office, shop and storage space for park operations.
      Yard

 10 Tilden Regional Park Botanic Garden Visitor Center Construct new visitor center. Convert existing structure to staff use.

      Black Diamond Mines Regional Preserve Museum
 11                                                       Complete Mine Museum following 2012 re-opening.
      and Visitor Center
                                                          Replace and/or relocate existing visitor center. Renovate existing facility for re-
 12 Coyote Hills Regional Park Visitor Center
                                                          use by Operations.

 13 Point Pinole Regional Shoreline Visitor Center        Construct Visitor Center
      Crown Memorial State Beach, Crab Cove Visitor
 14                                                       Renovate and expand existing Visitor Center
      Center

      Dry Creek Pioneer Regional Park, Meyers Estate
 15                                                       Construct new service facility to allow for public use of house and gardens.
      Service Yard/Visitor Use

      Tilden Regional Park Environmental Education
 16                                                       Renovate Existing Visitor Center.
      Center
 17 Sunol Regional Wilderness Visitor Center              Renovate Existing Visitor Center.
                                                          Install energy conservation improvements to existing buildings and
 18 Energy Conservation and Solar Installations           infrastructure, and install up to 3 Mwh of photovoltaic panels on roofs or over
                                                          10 acres of parking lots to offset all District electric consumption.
                                                          Relocate primary or satellite service, administrative or storage facilities to the
                                                          CNWS site, possibly: Trades, Sanitation, Fleet, CC Trails Crew, Roads and Trails,
 19 Concord Naval Weapons Station (CNWS)
                                                          Central Stores, Exhibit Lab, Environmental Graphics, Fire or Police, Aquatics,
                                                          Helicopter, or other functions.
Exhibit B
15021-20                  JH:SM;mwk              05/11/12
                                                 05/15/12




                  INDENTURE OF TRUST


               Dated as of September 1, 2012


                      by and between


            EAST BAY REGIONAL PARK DISTRICT


                            and


                        [TRUSTEE],
                         as Trustee


                 Relating to $____________



               East Bay Regional Park District
                  2012 Promissory Notes
                                                TABLE OF CONTENTS

                                                      ARTICLE I
                           AUTHORIZATION OF NOTES; DEFINITIONS
Section 1.01.   Authorization ....................................................................................................... 2
Section 1.02.   Definitions ........................................................................................................... 2
Section 1.03.   Rules of Construction .......................................................................................... 8
Section 1.04.   Equal Security ..................................................................................................... 8
                                                     ARTICLE II
                                                    THE NOTES
Section 2.01.   Authorization ..................................................................................................... 10
Section 2.02.   Terms of Notes .................................................................................................. 10
Section 2.03.   Redemption ....................................................................................................... 10
Section 2.04.   Form of Notes.................................................................................................... 12
Section 2.05.   Execution of Notes ............................................................................................ 12
Section 2.06.   Transfer of Notes ............................................................................................... 12
Section 2.07.   Exchange of Notes ............................................................................................ 13
Section 2.08.   Registration Books ............................................................................................ 13
Section 2.09.   Temporary Notes ............................................................................................... 13
Section 2.10.   Notes Mutilated, Lost, Destroyed or Stolen ........................................................ 13
Section 2.11.   Book-Entry; Limited Obligation of District........................................................... 14
Section 2.12.   Representation Letter. ....................................................................................... 14
Section 2.13.   Transfers Outside Book-Entry System. .............................................................. 15
Section 2.14.   Payments and Notices to the Nominee. ............................................................. 15
                                                     ARTICLE III
                                                ISSUE OF NOTES
Section 3.01.   Issuance of Notes .............................................................................................. 16
Section 3.02.   Application of Proceeds of Sale of Notes ........................................................... 16
Section 3.03.   Acquisition and Improvement Fund ................................................................... 16
Section 3.04.   Establishment and Application of Costs of Issuance Fund. ................................ 16
                                                     ARTICLE IV
                                            PAYMENT OF NOTES
Section 4.01.   Payment of Notes .............................................................................................. 18
Section 4.02.   Deposit of Tax Revenues .................................................................................. 18
Section 4.03.   Transfer of Funds to Trustee ............................................................................. 18
Section 4.04.   Investments ....................................................................................................... 19
Section 4.05.   Valuation of Investments ................................................................................... 19
                                                     ARTICLE V
                 COVENANTS OF THE DISTRICT; SPECIAL TAX COVENANTS
Section 5.01.   Punctual Payment ............................................................................................. 21
Section 5.02.   Budget and Appropriation .................................................................................. 21
Section 5.03.   Limitation on Superior Debt and Secured Debt .................................................. 21
Section 5.04.   Extension of Notes ............................................................................................ 21
Section 5.05.   Payment of Claims ............................................................................................ 21
Section 5.06.   Books and Funds; Financial Statement ............................................................. 22
Section 5.07.   Protection of Security and Rights of Note Owners ............................................. 22
Section 5.08.   Tax Revenues ................................................................................................... 22
Section 5.10.   Continuing Disclosure........................................................................................ 22
Section 5.09.   Compliance With Arbitrage Requirements ......................................................... 22
Section 5.11.   Private Business Use Limitation ........................................................................ 22
Section 5.12.   Private Loan Limitation ...................................................................................... 23


                                                                 i
Section 5.13.   Federal Guarantee Prohibition ........................................................................... 23
Section 5.14.   Rebate of Excess Investment Earnings to United States ................................... 23
Section 5.15.   Qualified Hedge Bonds...................................................................................... 23
Section 5.16.   Further Assurances ........................................................................................... 25
                                                      ARTICLE VI
                                                   THE TRUSTEE
Section 6.01.   Appointment of Trustee ..................................................................................... 26
Section 6.02.   Acceptance of Duties......................................................................................... 26
Section 6.03.   Fees, Charges and Expenses of Trustee........................................................... 28
Section 6.04.   Notice to Note Owners of Default ...................................................................... 28
Section 6.05.   Intervention by Trustee ...................................................................................... 28
Section 6.06.   Removal of Trustee ........................................................................................... 29
Section 6.07.   Resignation by Trustee...................................................................................... 29
Section 6.08.   Appointment of Successor Trustee .................................................................... 29
Section 6.09.   Merger or Consolidation .................................................................................... 29
Section 6.10.   Concerning any Successor Trustee ................................................................... 29
Section 6.11.   Appointment of Co-Trustee................................................................................ 30
Section 6.12.   Indemnification; Limited Liability of Trustee ....................................................... 30
                                                     ARTICLE VII
                    MODIFICATION AND AMENDMENT OF THE INDENTURE
Section 7.01.   Amendment by Consent of Note Owners ........................................................... 31
Section 7.02.   Disqualified Notes ............................................................................................. 31
Section 7.03.   Endorsement or Replacement of Notes After Amendment................................. 32
Section 7.04.   Amendment by Mutual Consent......................................................................... 32
                                                     ARTICLE VIII
                  EVENTS OF DEFAULT AND REMEDIES OF NOTE OWNERS
Section 8.01.   Events of Default ............................................................................................... 33
Section 8.02.   Application of Funds Upon Acceleration ............................................................ 33
Section 8.03.   Power of Trustee to Control Proceedings .......................................................... 34
Section 8.04.   Limitation on Note Owners' Right to Sue ........................................................... 34
Section 8.05.   Non-waiver ........................................................................................................ 34
Section 8.06.   Actions by Trustee as Attorney-in-Fact .............................................................. 35
Section 8.07.   Remedies Not Exclusive .................................................................................... 35
                                                      ARTICLE IX
                                                MISCELLANEOUS
Section 9.01.   Benefits Limited to Parties ................................................................................. 36
Section 9.02.   Successor is Deemed Included in All References to Predecessor ..................... 36
Section 9.03.   Discharge of Indenture ...................................................................................... 36
Section 9.04.   Execution of Documents and Proof of Ownership by Note Owners ................... 37
Section 9.05.   Waiver of Personal Liability ............................................................................... 37
Section 9.06.   Destruction of Canceled Notes .......................................................................... 37
Section 9.07.   Notices .............................................................................................................. 37
Section 9.08.   Partial Invalidity ................................................................................................. 37
Section 9.09.   Unclaimed Moneys ............................................................................................ 38


EXHIBIT A       FORM OF NOTES




                                                                 ii
                                     INDENTURE OF TRUST

        THIS INDENTURE OF TRUST, is made and entered into as of September 1, 2012, by
and between the EAST BAY REGIONAL PARK DISTRICT, a public agency duly organized and
existing under the laws of the State of California (the "District"), and [TRUSTEE], a national
banking association duly organized and existing under the laws of the United States of America
as trustee (the "Trustee");

                                       W I T N E S S E T H:

        WHEREAS, the District is a public agency duly established and authorized to transact
business and exercise powers under and pursuant to the provisions of Article 3 of Chapter 3 of
Division 5 of the Public Resources Code of the State of California (the "Law"), including the
power to incur indebtedness to be evidenced by promissory notes under and pursuant to the
provisions of Section 5544.2 of the Law; and

        WHEREAS, the District has determined to issue its promissory notes (the "Notes")
pursuant to the Law for the purpose of providing funds to finance and refinance the acquisition
of lands and facilities of the District; and

         WHEREAS, in order to provide for the execution and delivery of the Notes, to establish
and declare the terms and conditions upon which the Notes are to be issued and secured and to
secure the payment of the principal thereof and interest and premium, if any, thereon, the
District has authorized the execution and delivery of this Indenture;

        WHEREAS, all acts and proceedings required by law necessary to make the Notes,
when executed by the District, authenticated and delivered by the Trustee, and duly issued, the
valid, binding and legal limited obligations of the District, and to constitute this Indenture a valid
and binding agreement for the uses and purposes herein set forth in accordance with its terms,
have been done and taken, and the execution and delivery of the Indenture have been in all
respects duly authorized;

        NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to provide for the
payment of the principal of and the interest and premium (if any) on all Notes according to their
tenor, and in order to provide for the performance and observance of all the covenants and
conditions therein and herein set forth, and to declare the terms and conditions upon and
subject to which the Notes are to be issued and received, and in consideration of the premises
and of the mutual covenants herein contained and of the purchase and acceptance of the Notes
by the Owners thereof, and for other valuable considerations, the receipt whereof is hereby
acknowledged, the District does hereby covenant and agree with the Trustee, for the benefit of
the respective Owners from time to time of the Notes, as follows:
                                              ARTICLE I

                          AUTHORIZATION OF NOTES; DEFINITIONS

        Section 1.01. Authorization. The District has reviewed all proceedings heretofore
taken and has found, as a result of such review, and hereby finds and determines, that all
things, conditions and acts required by law to exist, happen or be performed precedent to and in
connection with the issuance of the Notes do exist, have happened and have been performed in
due time, form and manner as required by law, and the District is now duly empowered,
pursuant to each and every requirement of law, to issue the Notes in the manner and form
provided in this Indenture.

        Section 1.02. Definitions. Unless the context otherwise requires, the terms defined in
this Section 1.02 shall, for all purposes of this Indenture, of any indenture supplemental hereto,
and of any certificate, opinion or other document herein mentioned, have the meanings herein
specified.

        "Acquisition and Improvement Costs" means all costs of acquisition, construction,
improvement and equipping of lands and of facilities of the District which are authorized under
the Law and which are paid from amounts on deposit in the Acquisition and Improvement Fund,
including but not limited to: (a) all costs required to be paid to any person under the terms of
any agreement for or relating to the acquisition, construction, improvement or equipping of lands
and of facilities of the District; (b) all financing costs incurred in connection with such acquisition,
construction, improvement or equipping; (c) all costs of refinancing any outstanding obligations
of the District originally incurred to finance the acquisition, construction, improvement or
equipping of lands and of facilities of the District; (d) interest on the Notes accruing during the
period of such acquisition, construction, improvement or equipping of lands and of facilities of
the District; and (e) any sums required to reimburse the District for payment of any of the
foregoing.

       "Acquisition and Improvement Fund" means the fund by that name established and held
by the Trustee pursuant to Section 3.03.

        "Annual Debt Service" means, with respect to any Fiscal Year, the sum of (a) the interest
payable on the Outstanding Notes in such Fiscal Year, assuming that the Outstanding Notes
are retired as scheduled, (b) the principal amount of the Outstanding Serial Notes maturing in
such Fiscal Year, and (c) the principal amount of the Outstanding Term Notes maturing or
subject to mandatory sinking fund redemption in such Fiscal Year.

       "Authorized Investments" means any securities in which the District may legally invest
funds subject to its control.

       "Board" means the Board of Directors of the District.

        "Business Day" means a day of the year on which banks in San Francisco, California,
are not required or authorized to remain closed and on which The New York Stock Exchange is
not closed.

          "CFO"” means the Chief Financial Officer or other District official who is primarily
responsible for the administration of the District’s financial affairs or deputy or assistant to such
official.


                                                   2
      "Closing Date" means the date on which the Notes are delivered by the District to
____________________ as the original purchaser thereof.

        "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure
Certificate referenced in Section 5.10, executed by the District and dated the date of issuance
and delivery of the Notes, as originally executed and as it may be amended from time to time in
accordance with the terms thereof.

       "Costs of Issuance" means all items of expense directly or indirectly payable by or
reimbursable to the District relating to the authorization, issuance, sale and delivery of the
Notes, including but not limited to printing expenses, filing and recording fees, initial fees and
charges and first annual administrative fee of the Trustee and its counsel, fees, charges and
disbursements of attorneys, financial advisors, investment firms, consultants and other
professionals, fees and charges for preparation, execution and safekeeping of the Notes and
any other cost, charge or fee in connection with the original issuance of the Notes.

       "Costs of Issuance Fund" means the fund created pursuant to Section 3.04 hereof.

       "Debt Service Fund" means the fund by that name established and held by the Fiscal
Agent pursuant to Section 4.03(a).

       "Depository" means (a) initially, DTC, and (b) any other Securities Depository acting as
Depository pursuant to Section 2.11.

       "District" means the East Bay Regional Park District, a regional park district duly
organized and existing under the Law, and its successors.

       "DTC" means The Depository Trust Company, New York, New York, and its successors
and assigns.

       "Event of Default" means any of the events described in Section 8.01.

       "Excess Investment Earnings" means an amount required to be rebated to the United
States of America pursuant to Section 148(f) of the Tax Code due to investment of gross
proceeds of the Notes at a yield in excess of the yield on the Notes.

        “Fair Market Value” means for purposes of valuing the Permitted Investments, the price
at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s
length transaction (determined as of the date the contract to purchase or sell the investment
becomes binding) if the investment is traded on an established securities market (within the
meaning of section 1273 of the Tax Code) and, otherwise, the term “fair market value” means
the acquisitions price in a bona fide arm’s length transaction (as referenced above) if (i) the
investment is a certificate of deposit that is acquired in accordance with applicable regulations
under the Tax Code, (ii) the investment is an agreement with specifically negotiated withdrawal
or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed
investment contract, a forward supply contract or other investment agreement) that is acquired
in accordance with applicable regulations under the Tax Code, (iii) the investment is a United
States Treasury Security--State and Local Government Series that is acquired in accordance
with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled
investment fund in which the District and related parties do not own more than a ten percent



                                                3
(10%) beneficial interest if the return paid by such fund is without regard to the source of
investment.

        "Federal Securities" means any of the following which are noncallable and which at the
time of investment are legal investments under the laws of the State of California for the moneys
proposed to be invested therein:

               (a)    direct general obligations of the United States of America (including
       obligations issued or held in book entry form on the books of the Department of the
       Treasury of the United States of America), the payment of principal of and interest on
       which are unconditionally and fully guaranteed by the United States of America; and

             (b)      direct general obligations of any agency, department or instrumentality of
       the United States of America the payment of principal of and interest on which are
       unconditionally and fully guaranteed by the United States of America.

       "Fiscal Year" means any twelve-month period extending from January 1 in one calendar
year to the next succeeding December 31, both dates inclusive, or any other twelve-month
period selected and designated by the District as its official fiscal year period.

       "General Fund" means the existing general fund established and held by the District.

       "General Manager" means the General Manager of the District appointed by the Board,
or other duly appointed officer of the District authorized by the Board to perform the functions of
the general manager in the general manager's absence or disqualification.

       "Indenture" means this Indenture of Trust by and between the District and the Trustee,
as originally entered into or as it may be amended or supplemented by any Supplemental
Indenture entered into pursuant to the provisions hereof.

        "Information Services" means, in accordance with then current guidelines of the
Securities and Exchange Commission, such services providing information with respect to
called bonds as the District may designate in a Written Certificate of the District delivered to the
Trustee.

      "Interest Payment Date" means May 1 and November 1 in each year, commencing
[November 1, 2012], so long as any of the Notes remain Outstanding hereunder.

       "Law" means the Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the
State of California, and the acts amendatory thereof and supplemental thereto.

        "Minimum Rating" means: [(a) with respect to any Permitted Investment (other than
those described in clauses (k) and (l) of the definition thereof) acquired as an investment of
amounts on deposit in the Reserve Fund, a rating of [A] or better by Moody's and a rating of [A]
or better by S&P; and (b)] with respect to any Permitted Investment (other than those described
in clauses (k) and (l) of the definition thereof) acquired as any investment of amounts on deposit
in any other fund or account held by the Trustee hereunder, a rating of [A] or better by Moody's
or a rating of [A] or better by S&P. In the event the rating system of Moody's or S&P with
respect to any particular Permitted Investment does not including a rating category of [A], the
term "[A] or better" as used in the preceding sentence shall mean one of the two highest general
rating categories applicable to such Permitted Investment (determined without regard to any


                                                 4
refinement or gradation of such rating category by a numerical modifier, a plus or a minus sign,
or otherwise).

         "Moody's" means Moody's Investors Service, a corporation duly organized and existing
under and by virtue of the laws of the State of Delaware, and its successors and assigns, except
that if such corporation will be dissolved or liquidated or will no longer perform the functions of a
securities rating agency, then the term "Moody's" will be deemed to refer to any other nationally
recognized securities rating agency selected by the District.

        "Net Proceeds" means the par amount of the Notes plus accrued interest and premium,
if any, less the amount of any underwriter's discount and original issue discount, less the
proceeds of the Notes applied to pay Costs of Issuance[, and less any amount of proceeds of
the Notes deposited in the Reserve Fund].

      "Nominee" means the nominee of the Depository as determined from time to time in
accordance with Section 2.11.

       "Notes" means the East Bay Regional Park District 2012 Promissory Notes authorized to
be issued pursuant to Resolution No. _____ adopted by the Board on June 5, 2012 and
Resolution No. . _____ adopted by the Board on July 17, 2012.

        "Office" means such office of the Trustee as may be designated from time to time by
written     notice    from     the     Trustee     to   the    District,   initially  being
_______________________________.

       "Outstanding", when used as of any particular time with reference to Notes, means
(subject to the provisions of Section 7.02) all Notes except:

              (a)      Notes theretofore canceled by the Trustee or surrendered to the Trustee
       for cancellation;

              (b)      Notes paid or deemed to have been paid within the meaning of Section
       9.03; and

              (c)    Notes in lieu of or in substitution for which other Notes shall have been
       authorized, executed, issued and delivered by the District pursuant to this Indenture or
       any Supplemental Indenture.

        "Owner" or "Note Owner" means any person in whose name the ownership of any Note
shall be registered on the Registration Books.

        "Participants" means those broker-dealers, banks and other financial institutions from
time to time for which the Depository holds Bonds as a securities depository.

       "Participating Underwriter" shall have the meaning ascribed thereto in the Continuing
Disclosure Certificate.

        "Permitted Investments" means any of the following which at the time of investment are
legal investments under the laws of the State of California for the moneys proposed to be
invested therein and are acquired at Fair Market Value:



                                                 5
       (a)    Federal Securities;

         (b)    any of the following obligations or indebtedness issued or guaranteed by any of
the following federal agencies and entities: (i) senior debt obligations of the Federal Home Loan
Bank System; (ii) participation certificates of the Federal Home Loan Mortgage Corporation; (iii)
mortgage-backed securities or senior debt obligations of the Federal National Mortgage
Association; or (iv) senior debt obligations of the Student Loan Marketing Association.

        (c)     interest-bearing demand or time deposits (including certificates of deposit) in
federal or state chartered savings and loan associations or in national or State banks (including
the Trustee) provided that either: (i) the obligations of such association or bank or the
obligations of the holding company of such association or bank have a Minimum Rating; or (ii)
such deposits are fully insured by the Federal Deposit Insurance Corporation or the Federal
Savings and Loan Insurance Corporation, provided, however, that the portion of any certificates
of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the
Federal Savings and Loan Insurance Corporation, if any, shall be secured at all times in the
manner provided by law by collateral security having a market value not less than the amount of
such excess, consisting of Federal Securities;

        (d)   obligations issued by any corporation organized and operating within the United
States of America having assets in excess of $500,000,000, which obligations have a Minimum
Rating;

         (e)    commercial paper which has a Minimum Rating or backed by a letter of credit or
line of credit which has a Minimum Rating;

       (f)     money market funds either (i) the policy of which is to invest solely in Permitted
Investments, or (ii) which have a Minimum Rating, or (iii) with respect to the investment of
amounts less than $100,000, which are maintained by a banking department of the Trustee so
long as the Trustee or its parent has a combined capital and surplus of at least $50,000,000;

       (g)   bills of exchange or time drafts drawn on and accepted by a commercial bank,
otherwise known as bankers acceptances, which are eligible for purchase by the Federal
Reserve System and the obligations of which commercial bank or the obligations of the holding
company of which has a Minimum Rating;

       (h)     obligations the interest on which is exempt from federal income taxation under
Section 103 of the Tax Code, and which have a Minimum Rating;

        (i)     investment agreements which represent or are secured or guaranteed by the
obligations of a financial institution whose long-term obligations have a Minimum Rating; and

       (j)    any repurchase agreement, the maturity of which is less than thirty (30) days and
which is marked-to-market daily, entered into with financial institutions such as banks or trust
companies organized under state law or national banking associations, insurance companies, or
government bond dealers reporting to, trading with, and recognized as a primary dealer by the
Federal Reserve Bank of New York and a member of the Security Investors Protection
Corporation or with a dealer or parent holding company which is rated investment grade by
each Rating Agency, which repurchase agreement is secured by Federal Securities which (i)
have a fair market value, exclusive of accrued interest, at least equal to one hundred two
percent (102%) the amount invested in such repurchase agreement, (ii) are in the possession of


                                               6
the Trustee or a third party acting solely as agent for the Trustee who holds a perfected first lien
therein, and (iii) are free from all third party claims;

        (k)     the Local Agency Investment Fund of the State of California, created pursuant to
Section 16429.1 of the California Government Code, to the extent the Trustee is authorized to
register such investment in its name; and

       (l)     shares in a California common law trust established pursuant to Title 1, Division
7, Chapter 5 of the California Government Code which invests exclusively in investments
permitted by Section 53635 of Title 5, Division 2, Chapter 4 of the Government Code of the
State of California, provided the Trustee has access to, and control over withdrawals from and
deposits to, such trust.

       "Person" means an individual, corporation, firm, association, partnership, trust, or other
legal entity or group of entities, including a governmental entity or any agency or political
subdivision thereof.

         "President" means the President of the Board, or other duly appointed officer of the
District authorized by resolution or by-law of the Board to perform the functions of the president
in the event of the president's absence or disqualification.

       "Private Business Use" means use directly or indirectly in a trade or business carried on
by a natural person or in any activity carried on by a person other than a natural person,
excluding use by a governmental unit (other than the United States of America) and use by any
person as a member of the general public.

        "Record Date" means the close of business on the fifteenth (15th) calendar day of the
month preceding each Interest Payment Date, or on the Business Day immediately preceding
such fifteenth (15th) calendar day in the event such day is not a Business Day.

        "Registration Books" means the records maintained by the Trustee pursuant to Section
2.08 for the registration and transfer of ownership of the Notes.

      ["Reserve Fund" means the fund by that name established and held by the Trustee
pursuant to Section 4.03(b).]

      ["Reserve Requirement" means an amount equal to the least of 10% of the principal
amount of the Notes, 125% of average Annual Debt Service or maximum Annual Debt Service.]

       "Secretary" means the Secretary to the Board or any assistant thereto appointed
pursuant to Section 5538 of the Law, or other duly appointed officer of the District authorized by
the Board to perform the functions of the secretary in the event of the secretary's absence or
disqualification.

        "Securities Depositories" means The Depository Trust Company; and, in accordance
with then current guidelines of the Securities and Exchange Commission, such other addresses
and/or such other securities depositories as the District may designate in a Written Request of
the District delivered to the Trustee.

       "Serial Notes" means all of the Notes maturing on or before ________ 1, 20__.



                                                 7
        "S&P" means Standard & Poor’s, a division of the McGraw Hill Companies, of New York,
New York, its successors and assigns, except that if such corporation will be dissolved or
liquidated or will no longer perform the functions of a securities rating agency, then the term
"S&P" will be deemed to refer to any other nationally recognized securities rating agency
selected by the District.

         "Supplemental Indenture" means any resolution, agreement or other instrument then in
full force and effect which has been duly adopted by the Board or entered into by the District;
but only if and to the extent that such Supplemental Indenture is specifically authorized
hereunder.

       "Tax Code" means the Internal Revenue Code of 1986, as amended from time to time.
Any reference to a provision of the Tax Code shall be deemed to include the applicable Tax
Regulations promulgated with respect to such provision.

        "Tax Overrides" means any taxes levied for the sole purpose of providing for payment of
principal and interest on any voter-approved indebtedness incurred by the District, which taxes
would not otherwise be subject to levy but for the issuance of such indebtedness.

       "Tax Regulations" means temporary and permanent regulations promulgated under
Section 103 and all related provisions of the Tax Code.

        "Tax Revenues" means all limited ad valorem taxes levied upon certain taxable property
in the District by the Board of Supervisors of Alameda County and by the Board of Supervisors
of Contra Costa County, and allocated to the District pursuant to the provisions of Chapter 6 of
Part 0.5 of Division 1 of the Revenue and Taxation Code of the State of California, including all
payments, subventions and reimbursements, if any, to the District specifically attributable to
taxes lost by reason of tax exemptions and tax rate limitations; but excluding all Tax Overrides,
if any.

       "Term Notes" means the Notes maturing on May 1, 20__.

        "Trustee" means The Bank of California, N.A. as trustee hereunder, or any successor
thereto appointed as trustee hereunder in accordance with the provisions of Article VI.

       "Written Request of the District", "Written Certificate of the District" or "Written
Requisition of the District" means a request, certificate or requisition, respectively, in writing
signed by the CFO, by the General Manager or by any other officer of the District duly
authorized for that purpose.

         Section 1.03. Rules of Construction. All references herein to "Articles," "Sections"
and other subdivisions are to the corresponding Articles, Sections or subdivisions of this
Indenture, and the words "herein," "hereof," "hereunder" and other words of similar import refer
to this Indenture as a whole and not to any particular Article, Section or subdivision hereof.

        Section 1.04. Equal Security. In consideration of the acceptance of the Notes by
those who shall hold the same from time to time, this Indenture shall be deemed to be and shall
constitute a contract between the District and the Owners from time to time of the Notes, and
the covenants and agreements herein set forth to be performed on behalf of the District shall be
for the equal and proportionate benefit, security and protection of all Owners of the Notes
without preference, priority or distinction as to security or otherwise of any of the Notes over any


                                                 8
of the others by reason of the number or date thereof or the time of sale, execution and delivery
thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein.




                                               9
                                           ARTICLE II

                                           THE NOTES

        Section 2.01.      Authorization.      Notes in the aggregate principal amount of
_____________ Dollars ($___________) are hereby authorized to be issued by the District
under and subject to the terms of this Indenture and the Law. This Indenture constitutes a
continuing agreement with the Owners of all of the Notes issued or to be issued hereunder and
then Outstanding to secure the full and final payment of principal and premiums, if any, and the
interest on all Notes which may from time to time be executed and delivered hereunder, subject
to the covenants, agreements, provisions and conditions herein contained. The Notes shall be
designated the "East Bay Regional Park District 2012 Promissory Notes".

       Section 2.02. Terms of Notes. The Notes shall be issued in fully registered form
without coupons in denominations of $5,000 or any integral multiple thereof, so long as no Note
shall mature on more than one date. The Notes shall mature and become payable on May 1 in
each of the years and in the amounts, and shall bear interest (calculated on the basis of a 360-
day year of twelve 30-day months) at the rates, as follows:

    Year                                                Year
   (May 1)         Principal      Interest Rate        (May 1)        Principal      Interest Rate




        Interest on the Notes shall be payable by check or draft of the Trustee mailed on each
Interest Payment Date to the person whose name appears on the Registration Books as the
Owner thereof as of the Record Date immediately preceding each Interest Payment Date.
Principal of and premium (if any) on any Note shall be paid upon presentation and surrender
thereof at the Office of the Trustee. Both the principal of and interest and premium (if any) on
the Notes shall be payable in lawful money of the United States of America.

        Each Note shall be dated as of the date of its original delivery and shall bear interest
from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is
authenticated after a Record Date and on or before the following Interest Payment Date, in
which event it shall bear interest from such Interest Payment Date; or (b) it is authenticated on
or before February 15, 2013, in which event it shall bear interest from the date of its original
delivery; provided, however, that if, as of the date of authentication of any Note, interest thereon
is in default, such Note shall bear interest from the Interest Payment Date to which interest has
previously been paid or made available for payment thereon.

       Section 2.03. Redemption.

        (a)    Optional Redemption. The Notes maturing on or before May 1, 20__, shall not
be subject to optional redemption prior to maturity. The Notes maturing on or after May 1, 20__,
shall be subject to redemption at the option of the District in whole or in part on any date on or


                                                  10
after May 1, 20__, from such maturities as are selected by the District (and by lot within a
maturity) from any available source of funds, at a redemption price equal to the principal amount
of Notes to be redeemed, plus accrued but unpaid interest to the redemption date, without
premium.

        (b)    Mandatory Sinking Fund Redemption. The Term Notes shall also be subject to
mandatory redemption in whole, or in part by lot, on May 1, 20__, and on May 1 in each year
thereafter, from sinking fund deposits made by the District pursuant to Section 4.03(a), at a
redemption price equal to the principal amount thereof to be redeemed together with accrued
interest thereon to the redemption date, without premium, or in lieu thereof shall be purchased
pursuant to the succeeding paragraph of this subsection (b), in the aggregate respective
principal amounts and on the respective dates as set forth in the following table; provided,
however, that if some but not all of the Term Notes have been redeemed pursuant to subsection
(a) above the total amount of all future Sinking Fund payments shall be reduced by the
aggregate principal amount of Term Notes so redeemed, to be allocated among such sinking
fund payments on a pro rata basis in integral multiples of $5,000 as determined by the District
(notice of which determination shall be given by the District to the Trustee).


                 Sinking Account                                 Principal Amount
                 Redemption Date                                 To Be Redeemed
                     (May 1)                                       or Purchased




        (c)      Notice of Redemption. The Trustee on behalf and at the expense of the District
shall mail (by first class mail) notice of any redemption at least thirty (30) but not more than sixty
(60) days prior to the redemption date, to (i) the respective Owners of any Notes designated for
redemption at their addresses appearing on the Registration Books, and (ii) the Securities
Depositories and to any one of the Information Services; but such mailing shall not be a
condition precedent to such redemption and neither failure to receive any such notice nor any
defect therein shall affect the validity of the proceedings for the redemption of such Notes or the
cessation of the accrual of interest thereon. Such notice shall state the redemption date and the
redemption price, shall designate the CUSIP number of the Notes to be redeemed, state the
individual number of each Note to be redeemed or state that all Notes between two stated
numbers (both inclusive) or all of the Notes Outstanding are to be redeemed, and shall require
that such Notes be then surrendered at the Office of the Trustee for redemption at the said
redemption price, giving notice also that further interest on such Notes will not accrue after the
redemption date. Each notice relating to a redemption pursuant to Section 2.03(a) will further
state that such redemption may be rescinded by the District on or prior to the date set for
redemption.

       (d)    Partial Redemption of Notes. In the event only a portion of any Note is called for
redemption, then upon surrender of such Note the District shall execute and the Trustee shall
authenticate and deliver to the Owner thereof, at the expense of the District, a new Note or



                                                 11
Notes of the same series and maturity of authorized denominations in aggregate principal
amount equal to the unredeemed portion of the Note to be redeemed.

        (e)     Effect of Redemption. From and after the date fixed for redemption, if funds
available for the payment of the principal of and interest (and premium, if any) on the Notes so
called for redemption shall have been duly provided, such Notes so called shall cease to be
entitled to any benefit under this Indenture other than the right to receive payment of the
redemption price, and no interest shall accrue thereon from and after the redemption date
specified in such notice.

        (f)       Manner of Redemption. Whenever any Notes are to be selected for redemption
by lot, the Trustee shall determine by lot by such method as the Trustee shall deem fair and
appropriate, the Notes or portions thereof to be redeemed, and shall notify the District thereof.
All Notes redeemed pursuant to this Section shall be canceled and shall, upon Written Request
of the District, thereupon be delivered to the District.

        (g)     Purchase In Lieu of Redemption. In lieu of redemption of Notes pursuant to the
(a) or (b) above, the District may apply any available amounts at any time for the purchase of
the Notes at public or private sale as and when and at such prices (including brokerage and
other charges and including accrued interest) as the District may in its discretion determine. In
the event that upon the purchase of such Notes any such Notes are delivered to the Trustee for
cancellation, the District shall notify the Trustee in writing regarding which sinking fund
redemption payments should be reduced as a result of the cancellation of such Term Notes.
        Section 2.04. Form of Notes. The Notes, the form of Trustee's certificate of
authentication, and the form of assignment to appear thereon, shall be substantially in the
respective forms set forth in Exhibit A attached hereto and by this reference incorporated herein,
with necessary or appropriate variations, omissions and insertions, as permitted or required by
this Indenture.

         Section 2.05. Execution of Notes. The Notes shall be executed on behalf of the
District by the signature of its President and attested by the signature of the Secretary who are
in office on the date of execution and delivery of this Indenture or at any time thereafter. Both of
such signatures may be affixed by facsimile thereof. If any officer whose signature appears on
any Note ceases to be such officer before delivery of the Notes to the purchaser, such signature
shall nevertheless be as effective as if the officer had remained in office until the delivery of the
Notes to the purchaser. Any Note may be signed and attested on behalf of the District by such
persons as at the actual date of the execution of such Note shall be the proper officers of the
District although on the date of such Note any such person shall not have been such officer of
the District.

         Only such of the Notes as shall bear thereon a certificate of authentication in the form
set forth in Exhibit A hereto, executed and dated by the Trustee, shall be valid or obligatory for
any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall
be conclusive evidence that such Notes have been duly authenticated and delivered hereunder
and are entitled to the benefits of this Indenture.

        Section 2.06. Transfer of Notes. Any Note may, in accordance with its terms, be
transferred, upon the Registration Books, by the person in whose name it is registered, in
person or by a duly authorized attorney of such person, upon surrender of such Note to the
Trustee at its Office for cancellation, accompanied by delivery of a written instrument of transfer
in a form approved by the Trustee, duly executed. Whenever any Note or Notes shall be


                                                 12
surrendered for registration of transfer, the District shall execute and the Trustee shall deliver a
new Note or Notes, for like maturity and like aggregate principal amount. The Trustee shall
collect any tax or other governmental charge on the transfer of any Notes pursuant to this
Section 2.06.

        The Trustee may refuse to transfer any Notes under the provisions of this Section 2.06
during the period fifteen (15) days prior to the date established by the Trustee for the selection
of Notes for redemption, or as to Notes selected for redemption by the Trustee pursuant to the
provisions of Section 2.03(f).

       Section 2.07. Exchange of Notes. Notes may be exchanged at the Office of the
Trustee for a like aggregate principal amount of Notes of other authorized denominations of the
same maturity. The Trustee shall collect any tax or other governmental charge on the exchange
of any Notes pursuant to this Section 2.07.

         The Trustee may refuse to exchange any Notes under the provisions of this Section 2.07
during the fifteen (15) days prior to the date established by the Trustee for the selection of Notes
or as to Notes selected for redemption by the Trustee pursuant to the provisions of Section
2.03(f).

         Section 2.08. Registration Books. The Trustee will keep or cause to be kept, at its
Office, sufficient records for the registration and registration of transfer of the Notes, which shall
at all times during normal business hours be open to inspection by the District; and, upon
presentation for such purpose, the Trustee shall, under such reasonable regulations as it may
prescribe, register or transfer or cause to be registered or transferred, on said records, Notes as
hereinbefore provided.

        Section 2.09. Temporary Notes. The Notes may be initially issued in temporary form
exchangeable for definitive Notes when ready for delivery. The temporary Notes may be
printed, lithographed or typewritten, shall be of such denominations as may be determined by
the District, and may contain such reference to any of the provisions of this Indenture as may be
appropriate. Every temporary Note shall be executed by the District upon the same conditions
and in substantially the same manner as the definitive Notes. If the District issues temporary
Notes it will execute and furnish definitive Notes without delay, and thereupon the temporary
Notes may be surrendered, for cancellation, in exchange therefor at the Office of the Trustee,
and the Trustee shall deliver in exchange for such temporary Notes an equal aggregate
principal amount of definitive Notes of authorized denominations. Until so exchanged, the
temporary Notes shall be entitled to the same benefits pursuant to this Indenture as definitive
Notes authenticated and delivered hereunder.

         Section 2.10. Notes Mutilated, Lost, Destroyed or Stolen. If any Note shall become
mutilated the District, at the expense of the Owner of such Note, shall execute, and the Trustee
shall thereupon deliver, a new Note of like tenor and number in exchange and substitution for
the Note so mutilated, but only upon surrender to the Trustee of the Note so mutilated. Every
mutilated Note so surrendered to the Trustee shall be canceled by it and delivered to, or upon
the order of, the District. If any Note shall be lost, destroyed or stolen, evidence of such loss,
destruction or theft may be submitted to the District and the Trustee and, if such evidence be
satisfactory to both and indemnity satisfactory to them shall be given, the District, at the
expense of the owner, shall execute, and the Trustee shall thereupon deliver, a new Note of like
tenor and number in lieu of and in substitution for the Note so lost, destroyed or stolen, The
District may require payment of a sum not exceeding the actual cost of preparing each new


                                                 13
Note issued under this Section and of the expenses which may be incurred by the District and
the Trustee in the premises. Any Note issued under the provisions of this Section in lieu of any
Note alleged to be lost, destroyed or stolen shall constitute an original additional contractual
obligation on the part of the District whether or not the Note so alleged to be lost, destroyed or
stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to
the benefits of this Indenture with all other Notes issued pursuant to this Indenture.

       Section 2.11. Book-Entry; Limited Obligation of District. The Notes may be issued
in the form of a separate single fully registered Note (which may be typewritten) for each
maturity. The ownership of such Note will be registered in the registration books kept by the
Trustee in the name of the Nominee as nominee of the Depository.

         With respect to Notes registered in the registration books kept by the Trustee in the
name of the Nominee, the District and the Trustee will have no responsibility or obligation to any
such Participant or to any Person on behalf of which such a Participant holds an interest in the
Notes. Without limiting the immediately preceding sentence, the District and the Trustee will
have no responsibility or obligation with respect to (i) the accuracy of the records of the
Depository, the Nominee, or any Participant with respect to any ownership interest in the Notes,
(ii) the delivery to any Participant or any other Person, other than as shown in the registration
books kept by the Trustee, of any notice with respect to the Notes, including any notice of
redemption, (iii) the selection by the Depository and its Participants of the beneficial interests in
the Notes to be redeemed in the event the Notes are redeemed in part, or (iv) the payment to
any Participant or any other Person, other than a Nominee as shown in the registration books
kept by the Trustee, of any principal of, premium, if any, or interest on the Notes. The District
and the Trustee may treat and consider the Person in whose name each Note is registered in
the registration books kept by the Trustee as the owner and absolute Owner of such Note for
the purpose of payment of principal, premium, if any, and interest on such Note, for the purpose
of giving notices of prepayment and other matters with respect to such Note, for the purposes of
registering transfers with respect to such Note, and for all other purposes whatsoever.

        The Trustee will pay all principal, premium, if any, and interest with respect to the Notes,
only to or upon the order of the respective Owners, as shown in the registration books kept by
the Trustee, or their respective attorneys duly authorized in writing, and all such payments will
be valid and effective to fully satisfy and discharge the District's obligations with respect to
payment of principal, premium, if any, and interest on the Notes to the extent of the sum or
sums so paid. No person other than an Owner, as shown in the registration books kept by the
Trustee, will receive a Note evidencing the obligation of the District to make payments of
principal, premium, if any, and interest pursuant to this Indenture. Upon delivery by the
Depository to the Nominee, the Trustee and the District of written notice to the effect that the
Depository has determined to substitute a new Nominee in place of the nominee, and subject to
the provisions herein with respect to Record Dates, the word Nominee in this Indenture will refer
to such new nominee of the Depository.

         Section 2.12. Representation Letter. In order to qualify the Notes for the Depository's
book-entry system, the District will execute, seal, countersign and deliver to such Depository a
letter from the District representing such matters as will be necessary to so qualify the Notes
(the "Representation Letter"). The execution and delivery of the Representation Letter will not in
any way limit the provisions of Section 2.10 hereof or in any other way impose upon the District
or the Trustee any obligation whatsoever with respect to Persons having interests in the Notes
other than the Owners, as shown on the registration books kept by the Trustee. In the written
acceptance of the Trustee, such Trustee will agree to take all actions necessary for all


                                                 14
representations of the District in the Representation Letter with respect to the Trustee to at all
times be complied with. In addition to the execution and delivery of the Representation Letter,
the District will take any other actions, not inconsistent with this Indenture, to qualify the Notes
for the Depository's book-entry system.

         Section 2.13. Transfers Outside Book-Entry System. The District may by written
request, at any time or for any reason, remove the Depository and appoint a successor or
successors thereto. In the event (i) the Depository determines not to continue to act as
securities depository for the Notes, or (ii) the District determines that the Depository will no
longer so act, then the District will discontinue the book-entry system with the Depository. If the
District fails to identify another qualified securities depository to replace the Depository then the
Notes will no longer be restricted to being registered in the registration books kept by the
Trustee in the name of the Nominee, but will be registered in whatever name or names the
Owners of Notes transferring or exchanging Notes will designate, in accordance with the
provisions of Section 2.04.

        Section 2.14. Payments and Notices to the Nominee. Notwithstanding any other
provision of this Indenture to the contrary, so long as any Note is registered in the name of the
Nominee, all payments of principal of, premium, if any, and interest on such Note and all notices
with respect to such Note will be made and given, respectively, as provided in the
Representation Letter or as otherwise instructed in writing by the Depository.




                                                 15
                                           ARTICLE III

                                        ISSUE OF NOTES

       Section 3.01. Issuance of Notes. Upon the execution and delivery of this Indenture,
the District shall execute and deliver Notes in the aggregate principal amount of ________
Dollars ($___________) to the Trustee and the Trustee shall authenticate and deliver such
Notes upon the Written Request of the District.

      Section 3.02. Application of Proceeds of Sale of Notes. On the Closing Date the
proceeds of sale of the Notes shall be paid to the Trustee and applied as follows:

             (a)   The Trustee shall deposit in the Costs of Issuance Fund the amount of
       $______________.

             (b)    [The Trustee shall deposit in the Reserve Fund the amount of the
       Reserve Requirement as of the closing Date, being $______________.

              (c)]    The Trustee shall deposit the remainder of such proceeds in the
       Acquisition and Improvement Fund.

         Section 3.03. Acquisition and Improvement Fund. The Trustee shall establish a
special fund designated as the "Acquisition and Improvement Fund". The Trustee shall
disburse moneys in the Acquisition and Improvement Fund for the purpose of paying Acquisition
and Improvement Costs and Costs of Issuance upon receipt of a Written Requisition of the
District which: (a) identifies the total amount of such costs to be paid pursuant thereto, including
all items of cost in such detail as may be available to the District; and (b) states with respect to
such disbursement (i) the requisition number, (ii) the amount to be disbursed for payment of
such costs, (iii) the payee with respect to each cost to be disbursed and (iv) that each item of
cost identified therein has been properly incurred, and is a proper charge against the Acquisition
and Improvement Fund and has not been the basis of any previous disbursement. The Trustee
shall be responsible for the safekeeping and investment of the moneys held in the Acquisition
and Improvement Fund, and the payment of amounts therefrom in accordance with this Section
3.03.

       Following the completion of the purposes for which the Notes shall have been issued the
Trustee shall, at the Written Request of the District, withdraw all remaining moneys in the
Acquisition and Improvement Fund and deposit such moneys in the Debt Service Fund to be
applied by the Trustee for the purposes set forth in Section 4.03. Prior to delivering such
Written Request of the District, the District shall consult with nationally recognized bond counsel
regarding the appropriate application of such remaining moneys.

         Section 3.04. Establishment and Application of Costs of Issuance Fund. The
Trustee will establish, maintain and hold in trust the Costs of Issuance Fund, into which the
Trustee will deposit the amounts set forth in Section 3.02(a). The amounts on deposit in said
fund will be disbursed and applied only as hereinafter authorized. All money in the Costs of
Issuance Fund will be withdrawn and applied by the District to pay Costs of Issuance upon a
Written Requisition of the District filed with the Trustee. Each such Written Requisition of the
District will be sequentially numbered, will state the person to whom payment will be made, the
amount to be paid, the purpose for which such obligation was incurred, and that such payment


                                                16
is a proper charge against said fund. Amounts remaining in the Costs of Issuance Fund on
February 1, 2013 (or such earlier date as the District may direct the Trustee in writing) will be
transferred by the Trustee to the Acquisition and Improvement Fund. Thereafter, the Costs of
Issuance Fund will be closed.




                                               17
                                           ARTICLE IV

                                      PAYMENT OF NOTES

          Section 4.01. Payment of Notes. The Notes shall be limited obligations of the District
payable solely from the Tax Revenues or from other funds legally available therefor. Neither the
full faith and credit nor the taxing power of the District is pledged for the payment of the interest
on or principal of the Notes, and the Notes are not and shall not be secured by a legal or
equitable pledge of, or charge, lien or encumbrance upon, the Tax Revenues or any other
property, income, revenues or funds of the District.

        In order to provide for the timely payment of the interest on and principal of the Notes as
the same becomes due, the District agrees and covenants, consistent with the foregoing and as
authorized by and subject to the Law, that until the interest on and the principal of the Notes are
paid in full or until there is a sum in the treasury of the District set apart for that purpose
sufficient to meet all payments of the interest on and the principal of the Notes as they become
due, it will annually set aside a portion of the Tax Revenues or other legally available funds of
the District sufficient to pay such interest and principal which will become due before the Tax
Revenues levied at the next general tax levy will be available for such purpose.

         Section 4.02. Deposit of Tax Revenues. The District has heretofore established the
General Fund, which shall continue to be held by the CFO separate and apart from all other
funds of the District. The CFO shall deposit or cause to be deposited in the General Fund all
Tax Revenues promptly upon the receipt thereof. In the event that the amounts on deposit in
the General Fund on the first (1st) Business Day preceding any Interest Payment Date shall be
insufficient to enable the CFO to make any transfer then required to be made to the Trustee
pursuant to Section 4.03, the CFO shall thereupon deposit or cause to be deposited in the
General Fund the amount of such insufficiency from any source of legally available funds of the
District.

        Section 4.03. Transfer of Funds to Trustee. Moneys in the General Fund shall be
transferred by the CFO to the Trustee in immediately available funds in the following amounts at
the following times, for deposit by the Trustee in the following respective special funds, each of
which is hereby established with the Trustee to be held in trust hereunder for the benefit of the
Note Owners, in the following order of priority:

               (a)    Debt Service Fund. On or before the first (1st) Business Day preceding
       each Interest Payment Date, the CFO shall withdraw from the General Fund and transfer
       to the Trustee for deposit in the Debt Service Fund an amount which, when added to the
       amount contained in the Debt Service Fund on the date of such transfer, equals the
       aggregate amount of the principal of and interest on the Outstanding Notes becoming
       due and payable on such Interest Payment Date, including pursuant to mandatory
       sinking fund redemption as provided in Section 2.03(b) hereof. No such transfer and
       deposit need be made to the Debt Service Fund if the amount contained therein at least
       equals the amount of principal of and interest on the Outstanding Notes to become due
       on the next succeeding Interest Payment Date or such other date set for redemption or
       purchase pursuant to Section 2.03(a) or Section 2.03(g) hereof. All moneys in the Debt
       Service Fund shall be used and withdrawn by the Trustee solely for the purpose of
       paying the principal of and interest and premium (if any) on the Notes as they become
       due and payable (including accrued interest on any Notes redeemed prior to maturity
       pursuant to this Indenture)..


                                                 18
               [(b)   Reserve Fund. The Trustee shall determine the amount on deposit in the
       Reserve Fund, in accordance with Section 4.05, on or before the first (1st) Business Day
       preceding each Interest Payment Date. In the event that the amount on deposit in the
       Reserve Fund falls below the Reserve Requirement as of the date of any such
       determination, the Trustee shall promptly notify the District in writing of such fact and of
       the amount of such deficiency. On or before the Interest Payment Date following receipt
       of any such notice from the Trustee, the CFO shall withdraw from the General Fund and
       transfer to the Trustee for deposit in the Reserve Fund the amount identified in such
       notice. All money in the Reserve Fund shall be used and withdrawn by the Trustee
       solely for the purpose of making transfers to the Debt Service Fund on each Interest
       Payment Date in the event and to the extent the amount then on deposit in such fund is
       less than the amount required to be on deposit therein for the purposes set forth in the
       preceding subsection (a). Any amount in the Reserve Fund in excess of the Reserve
       Requirement shall be withdrawn from the Reserve Fund by the Trustee and deposited in
       the Debt Service Fund on or before the first (1st) Business Day preceding each Interest
       Payment Date. All amounts in the Reserve Fund on the first (1st) Business Day
       preceding the date of final maturity of the Notes shall be withdrawn from the Reserve
       Fund and transferred to the Debt Service Fund to the extent required to make deposits
       then required to be made pursuant to this Section 4.03. Amounts on deposit in the
       Reserve Fund shall not be applied to the payment of any obligations of the District other
       than the Notes.]

         Section 4.04. Investments. All moneys in the General Fund may be invested by the
District from time to time in any Authorized Investments. All moneys in the Debt Service Fund
[and the Reserve Fund] shall be invested by the Trustee solely in Permitted Investments, as
directed pursuant to the Written Request of the District filed with the Trustee at least one (1)
Business Day in advance of the making of such investments. In the absence of any such
Written Request of the District, the Trustee shall invest any such moneys in Permitted
Investments described in clause (f) of the definition thereof, as selected by the Trustee.
Obligations purchased as an investment of moneys in any fund shall be deemed to be part of
such fund. All interest or gain derived from the investment of amounts in any of the funds or
funds established hereunder shall be deposited in the fund from which such investment was
made. For purposes of acquiring any investments hereunder, the Trustee may commingle
funds held by it hereunder upon the Written Request of the District. The Trustee may act as
principal or agent in the acquisition of any investment. The Trustee shall incur no liability for
losses arising from any investments made pursuant to this Section.

       All moneys on deposit in the Acquisition and Improvement Fund and the Costs of
Issuance Fund shall be invested as provided in Section 5.15.

       Section 4.05. Valuation of Investments. For purposes of determining the amount on
deposit in any fund or account held hereunder, all Permitted Investments or investments
credited to such fund or account shall be valued at Fair Market Value. The following shall also
apply:

       (a) The Trustee shall have no duty in connection with the determination of Fair Market
Value other than to follow the investment directions set forth in a Written Certificate. Except as
otherwise provided in subsection (b) of this Section 4.05, the District covenants that all
investments of amounts deposited in any funds or accounts created by this Agreement, or


                                               19
otherwise containing gross proceeds of the Notes (as defined by section 148 of the Tax Code)
shall be acquired, disposed of and valued (as of the date that valuation is required by this
Agreement or the Tax Code) at Fair Market Value.

         (b) Investments in funds or accounts (or portions thereof) that are subject to a yield
restriction under applicable provisions of the Tax Code [and (unless valuation is undertaken at
least annually) investments in the Reserve Fund] shall be valued at their present value (within
the meaning of section 149 of the Tax Code), provided that the District shall inform the Trustee
which funds are subject to yield restriction.




                                              20
                                           ARTICLE V

                COVENANTS OF THE DISTRICT; SPECIAL TAX COVENANTS

         Section 5.01. Punctual Payment. The District will punctually pay or cause to be paid
the principal and interest to become due in respect of all the Notes together with the premium
thereon, if any, in strict conformity with the terms of the Notes and of this Indenture, and it will
faithfully observe and perform all of the conditions, covenants and requirements of this
Indenture and all Supplemental Indentures and of the Notes.

        Section 5.02. Budget and Appropriation. The District shall prepare and adopt a
budget for each Fiscal Year, which budget shall provide as a priority item for the payment of the
interest and premium, if any, on and the principal of the Notes (together with all other
indebtedness or other obligations of the District payable from the Tax Revenues) becoming due
and payable in such Fiscal Year. The District shall annually appropriate and make any
necessary supplemental appropriations of Tax Revenues and other legally available moneys in
an amount fully sufficient to make such payments. Within sixty (60) days following the adoption
of any such budget, the District shall file with the Trustee a Written Certificate of the District
stating that the District has appropriated in such budget all amounts required pursuant to this
Section. The budgets of the District on file with the Trustee shall be open to inspection during
regular business hours of the Trustee upon reasonable request by any Note Owner.

        Section 5.03. Limitation on Superior Debt and Secured Debt. The District hereby
covenants that, so long as the Notes are Outstanding, the District shall not issue or incur any
bonds, notes or other obligations, which are in any case either (a) secured by a lien on all or any
part of the Tax Revenues or (b) payable from Tax Revenues in any manner which would
constitute a priority superior to the payment of the Notes. Nothing herein is intended or shall be
construed in any way to prohibit or impose any limitations upon the issuance by the District of
additional limited obligation bonds or promissory notes under Section 5544.2 of the Law or any
other applicable provision of the Law, the entering into long-term lease agreements, and the
issuance or incurring of other obligations that would be payable out of the same legally available
funds from which debt service on the Notes is payable.

       Section 5.04. Extension of Notes. The District will not, directly or indirectly, extend or
consent to the extension of the time for the payment of any Note or claim for interest on any of
the Notes and will not, directly or indirectly, be a party to approve any such arrangement in any
manner. In case the maturity of any such Note or claim for interest shall be extended or funded,
whether or not with the consent of the District, such Note or claim for interest so extended or
funded shall not be entitled, in case of default hereunder, to the benefits of this Indenture,
except subject to the prior payment in full of the principal of all of the Notes then Outstanding
and of all claims for interest which shall not have been so extended or funded.

        Section 5.05. Payment of Claims. The District will pay and discharge, or cause to be
paid and discharged, any and all lawful claims for labor, materials or supplies which, if unpaid,
might become a lien or charge upon the properties owned by the District or upon the Tax
Revenues or any part thereof, or upon any funds in the hands of the Trustee, or which might
impair the security of the Notes. Nothing herein contained shall require the District to make any
such payment so long as the District in good faith shall contest the validity of said claims.




                                                21
        Section 5.06. Books and Funds; Financial Statement. The District will keep, or
cause to be kept, proper books of record and funds, separate from all other records and funds
of the District, in which complete and correct entries shall be made of all transactions relating to
the General Fund and the Tax Revenues. Such books of record and funds shall at all times
during business hours be subject to the inspection of the Owners of not less than ten percent
(10%) in aggregate principal amount of the Notes then Outstanding, or their representatives
authorized in writing.

       The District will cause to be prepared and filed with the Trustee annually, within one
hundred and eighty (180) days after the close of each Fiscal Year so long as any of the Notes
are Outstanding, complete audited financial statements with respect to such Fiscal Year
showing the Tax Revenues, all disbursements from the General Fund as of the end of such
Fiscal Year. The District will furnish a copy of such statements to any Note Owner upon
reasonable written request.

        Section 5.07. Protection of Security and Rights of Note Owners. The District will
preserve and protect the security of the Notes and the rights of the Note Owners. From and
after the sale and delivery of any of the Notes by the District, the Notes shall be incontestable by
the District.

        Section 5.08. Tax Revenues. The District shall comply with all requirements of law to
insure the levy, collection and payment to it of the Tax Revenues.

        Section 5.09. Continuing Disclosure. The District hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure Certificates for
the Notes. Notwithstanding any other provision of this Indenture, failure of the District to comply
with any Continuing Disclosure Certificate shall not be considered an Event of Default; however,
the Trustee may (and, at the request of any Participating Underwriter or the Owners of at least
25% aggregate principal amount of Outstanding Notes, shall) or any Note Owner may, take
such actions as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the District to comply with its obligations under this
Section.

       Section 5.10. Compliance With Arbitrage Requirements. The District shall not take,
or permit or suffer to be taken by the Trustee or otherwise, any action with respect to the Gross
Proceeds of the Notes which would cause any of the Notes to be "arbitrage bonds" within the
meaning of Section 148(a) of the Tax Code.

        Section 5.11. Private Business Use Limitation. Not more than ten percent (10%) of
the Net Proceeds shall be used for Private Business Use if, in addition, the payment of more
than ten percent (10%) of the principal of the Notes or ten percent (10%) of the interest due on
the Notes during the term thereof is, under the terms of the Notes or any underlying
arrangement, directly or indirectly, secured by any interest in property used or to be used for a
Private Business Use or in payments in respect of property used or to be used for a Private
Business Use or is to be derived from payments, whether or not to the District, in respect of
property or borrowed money used or to be used for a Private Business Use. In the event that
both (i) an amount in excess of five percent (5%) of the Net Proceeds is used for a Private
Business Use, and (ii) an amount in excess of five percent (5%) of the principal or five percent
(5%) of the interest due on the Notes during the term thereof is, under the terms of the Notes or
any underlying arrangement, directly or indirectly secured by any interest in property used or to
be used for said Private Business Use or in payments in respect of property used or to be used


                                                22
for said Private Business Use or is to be derived from payments, whether or not to the District,
in respect of property or borrowed money used or to be used for said Private Business Use,
then such excess over five percent (5%) of Net Proceeds used for a Private Business Use shall
be required to be used for a Private Business Use related to the governmental use of the Notes.

        Section 5.12. Private Loan Limitation. Not more         than five percent (5%) of the Net
Proceeds shall be used, directly or indirectly, to make or      finance a loan (other than loans
constituting nonpurpose obligations as defined in the Tax       Code or a tax or assessment of
general application for a specific governmental function) to    persons other than state or local
government units.

       Section 5.13. Federal Guarantee Prohibition. The District shall not take any action or
permit or suffer any action to be taken if the result of the same would be to cause any of the
Notes to be "federally guaranteed" within the meaning of Section 149(b) of the Tax Code.

        Section 5.14. Rebate of Excess Investment Earnings to United States. The District
shall calculate or cause to be calculated excess investment earnings with respect to the Notes
which are required to be rebated to the United States of America pursuant to Section 148(f) of
the Tax Code, and shall pay the full amount of such excess investment earnings to the United
States of America in such amounts, at such times and in such manner as may be required
pursuant to the Tax Code. Such payments shall be made by the District from any source of
legally available funds of the District. The District shall keep or cause to be kept, and retain or
cause to be retained for a period of six (6) years following the retirement of the Notes, records of
the determinations made pursuant to this Section 5.14. In order to provide for the administration
of this Section 5.14, the District may provide for the employment of independent attorneys,
accountants and consultants compensated on such reasonable basis as the District may deem
appropriate.

       Section 5.15. Qualified Hedge Bonds.

        (a)     Qualified Investments. Beginning on the date of issuance of the Notes, and at all
times prior to the final maturity date of the Notes, not less than 95% of the Net Proceeds of the
Notes will be invested in Qualified Investments (as defined below). For purposes of this Section
5.15, amounts derived from the disposition or redemption of Qualified Investments and held
pending reinvestment or redemption of Notes for a period of not more than 30 days will be
treated as Qualified Investments.

       (b)     Recordkeeping and Monitoring of Net Proceeds.

              (i)    Information Regarding Qualified Investments.      The District hereby
       covenants that it will record or cause to be recorded with respect to each Qualified
       Investment the following information:

              (A)      purchase date,
              (B)      purchase price,
              (C)      information establishing the fair market value of such Qualified
       Investment,
              (D)      face amount,
              (E)      coupon rate,
              (F)      periodicity of interest payments,
              (G)      disposition price, and


                                                23
              (H)     disposition date.

                (ii)   Investment in Qualified Non-AMT Mutual Funds. The District covenants
       that, with respect to each investment of Net Proceeds of the Notes in a Qualified Non-
       AMT Mutual Fund (as defined below), in addition to recording the information set forth in
       subsection (b)(i) above, it will retain a copy of each IRS information reporting form and
       account statement provided to it by such Qualified Non-AMT Mutual Fund or the
       Trustee. In the event any such reporting form or other document received by the District
       indicates that less than 97% of the income to the District derived from such Qualified
       Non-AMT Mutual Fund in any three-month period is derived from Non-AMT Bonds, the
       District will, within five business days after receipt of such notice, dispose of any
       investment in such Qualified Non-AMT Mutual Fund to the extent such investment is
       allocable to Net Proceeds of the Notes. The Trustee shall forward to the District,
       immediately upon receipt, a copy of each IRS information it receives with respect to the
       District.

              (iii)   Quarterly Monitoring of Qualified Investments. The District further
       covenants that it will monitor the investment of the Net Proceeds of the Notes not less
       frequently than at the close of every three-month period during which any proceeds of
       the Notes are invested in Qualified Investments.

                (iv)    Retention of Records. The District hereby covenants that it will retain the
       records referred to in subsection (b)(i) above, including each IRS information reporting
       form referred to in subsection (b)(i), with its books and records with respect to the Notes
       until six years following the last date that any obligation comprising the Notes is retired.

       (c)      Arbitrage Investment Restrictions. Proceeds of the Notes and the amounts on
deposit in the aforementioned funds and accounts may be invested as follows:

                (i) Proceeds derived from the sale of the Notes to be applied to pay Costs of
       Issuance that are not expended on the date of issuance of the Notes and those Net
       Proceeds of the Notes that are to be deposited into the Acquisition and Improvement
       Fund will be invested in Qualified Investments to the extent required by this Section 5.15
       until such amounts are expended to pay Costs of Issuance or expended to pay costs of
       eligible projects.

              (ii) Amounts in the Costs of Issuance Fund that are not expended on the date of
       issuance of the Notes will be invested in Qualified Investments until such amounts are
       expended or transferred to the Acquisition and Improvement Fund.

         "Qualified Investments" shall mean (i) obligations the interest on which is excludable
from gross income for federal income tax purposes under Section 103(a) of the Code and not
treated as an item of tax preference under Section 57(a)(5)(C) of the Code ("Non-AMT Bonds"),
and (ii) stock in a regulated investment company to the extent that at least 95% of the income of
such regulated investment company is interest that is excludable from gross income under
Section 103 of the Code and not an item of tax preference under Section 57(a)(5)(C) of the
Code (a "Qualified Non-AMT Mutual Fund"). A guaranteed investment contract or similar
investment agreement (e.g., a forward supply contract, GIC, repo, etc.) does not constitute a
Qualified Investment.




                                               24
       The Trustee shall not be responsible for monitoring the District’s compliance with this
Section 5.15.

        Section 5.16. Further Assurances. The District will adopt, make, execute and deliver
any and all such further resolutions, instruments and assurances as may be reasonably
necessary or proper to carry out the intention or to facilitate the performance of this Indenture,
and for the better assuring and confirming unto the Owners of the Notes of the rights and
benefits provided in this Indenture.




                                               25
                                          ARTICLE VI

                                        THE TRUSTEE

        Section 6.01. Appointment of Trustee. [TRUSTEE], in San Francisco, California, a
national association organized and existing under and by virtue of the laws of the United States
of America, is hereby appointed Trustee by the District for the purpose of receiving all moneys
required to be deposited with the Trustee hereunder and to allocate, use and apply the same as
provided in this Indenture. The District agrees that it will maintain a Trustee having a corporate
trust office in San Francisco, California, with a combined capital and surplus of at least Fifty
Million Dollars ($50,000,000), and subject to supervision or examination by federal or State
authority, so long as any Notes are Outstanding. If such bank or trust company publishes a
report of condition at least annually pursuant to law or to the requirements of any supervising or
examining authority above referred to, then for the purpose of this Section 6.01 the combined
capital and surplus of such bank or trust company shall be deemed to be its combined capital
and surplus as set forth in its most recent report of condition so published.

       The Trustee is hereby authorized to pay the Notes when duly presented for payment at
maturity, or on redemption prior to maturity, and to cancel all Notes upon payment thereof. The
Trustee shall keep accurate records of all funds administered by it and of all Notes paid and
discharged.

          Section 6.02. Acceptance of Duties. The Trustee hereby accepts the duties and
liabilities imposed upon it by this Indenture, and agrees to perform such duties, but only upon
and subject to the following express terms and conditions:

              (a)     The Trustee, prior to the occurrence of an Event of Default and after
       curing of all Events of Default which may have occurred, undertakes to perform such
       duties and only such duties as are specifically set forth in this Indenture. In case an
       Event of Default hereunder has occurred (which has not been cured or waived) the
       Trustee may exercise such of the rights and powers vested in it by this Indenture, and
       shall use the same degree of care and skill in their exercise, as a prudent and
       reasonable man would exercise or use under the circumstances in the conduct of his
       own affairs.

               (b)     The Trustee may execute any of the trusts or powers hereof and perform
       the duties required of it hereunder by or through attorneys, agents, or receivers, and
       shall be entitled to advice of counsel concerning all matters hereunder.

               (c)      The Trustee shall not be responsible for any recital herein, or in the
       Notes, or for any of the supplements thereto or instruments of further assurance, or for
       the sufficiency of the security for the Notes issued hereunder or intended to be secured
       hereby and the Trustee shall not be bound to ascertain or inquire as to the observance
       or performance of any covenants, conditions or agreements on the part of the District
       hereunder. The Trustee shall not be responsible or liable for any loss suffered in
       connection with any investment of funds made by it in accordance with Written Requests
       of the District pursuant to Section 4.04.

              (d)   The Trustee shall not be accountable for the use of any proceeds of sale
       of the Notes delivered hereunder. The Trustee may become the Owner of Notes


                                               26
       secured hereby with the same rights which it would have if not the Trustee; may acquire
       and dispose of other indebtedness of the District with the same rights it would have if it
       were not the Trustee; and may act as a depositary for and permit any of its officers or
       directors to act as a member of, or in any other capacity with respect to, any committee
       formed to protect the rights of Owners of Notes, whether or not such committee shall
       represent the Owners of the majority in principal amount of the Notes then Outstanding.

                (e)    In the absence of bad faith or gross negligence on its part, the Trustee
       shall be protected in acting upon any notice, request, consent, certificate, order, affidavit,
       letter, telegram or other paper or document believed by it to be genuine and correct and
       to have been signed or sent by the proper person or persons. The Trustee may consult
       with counsel, including, without limitation, counsel of or to the District, with regard to
       legal questions, and in the absence of gross negligence or intentional misconduct by the
       Trustee the opinion of such counsel shall be full and complete authorization and
       protection in respect of any action taken or suffered by the Trustee hereunder in
       accordance therewith. Any action taken or omitted to be taken by the Trustee in good
       faith and without gross negligence pursuant to this Indenture upon the request or
       authority or consent of any person who at the time of making such request or giving such
       authority or consent is the Owner of any Note, shall be conclusive and binding upon all
       future Owners of the same Note and upon Notes issued in exchange therefor or in place
       thereof.

        The Trustee shall not be bound to recognize any person as an Owner of any Note or to
take any action at his request unless the ownership of such Note by such person shall be
reflected on the Registration Books.

                (f)     As to the existence or non-existence of any fact or as to the sufficiency or
       validity of any instrument, paper or proceeding, the Trustee shall be entitled to rely upon
       a Written Certificate of the District as sufficient evidence of the facts therein contained
       and prior to the occurrence of an Event of Default hereunder of which the Trustee has
       been given notice or is deemed to have notice, as provided in Section 6.02(h), shall also
       be at liberty to accept a similar certificate to the effect that any particular dealing,
       transaction or action is necessary or expedient, but may at its discretion secure such
       further evidence deemed by it to be necessary or advisable, but shall in no case be
       bound to secure the same. The Trustee may accept a Written Certificate of the District
       to the effect that an authorization in the form therein set forth has been adopted by the
       District, as conclusive evidence that such authorization has been duly adopted and is in
       full force and effect.

               (g)     The permissive right of the Trustee to do things enumerated in this
       Indenture shall not be construed as a duty and it shall not be answerable for other than
       its gross negligence or willful default. The immunities and exceptions from liability of the
       Trustee shall extend to its officers, directors, employees and agents.

                (h)     The Trustee shall not be required to take notice or be deemed to have
       notice of any Event of Default hereunder except failure by the District to make any of the
       payments to the Trustee required to be made by the District pursuant hereto or failure by
       the District to file with the Trustee any document required by this Indenture to be so filed
       subsequent to the issuance of the Notes, unless the Trustee shall be specifically notified
       in writing of such default by the District or by the Owners of at least twenty-five percent
       (25%) in aggregate principal amount of the Notes then Outstanding and all notices or


                                                27
       other instruments required by this Indenture to be delivered to the Trustee must, in order
       to be effective, be delivered at the Office of the Trustee, and in the absence of such
       notice so delivered the Trustee may conclusively assume there is no Event of Default
       hereunder except as aforesaid.

                (i)      At any and all reasonable times the Trustee, and its duly authorized
       agents, attorneys, experts, engineers, accountants and representatives, shall have the
       right fully to inspect all books, papers and records of the District pertaining to the Notes,
       and to take such memoranda from and with regard thereto as may be desired but which
       is not privileged by statute or by law.

              (j)     The Trustee shall not be required to give any bond or surety in respect of
       the execution of the said trusts and powers or otherwise in respect of the premises.

               (k)    Notwithstanding anything elsewhere in this Indenture with respect to the
       execution of any Notes, the withdrawal of any cash, the release of any property, or any
       action whatsoever within the purview of this Indenture, the Trustee shall have the right,
       but shall not be required, to demand any showings, certificates, opinions, appraisals or
       other information, or corporate action or evidence thereof, as may be deemed desirable
       for the purpose of establishing the right of the District to the execution of any Notes, the
       withdrawal of any cash, or the taking of any other action by the Trustee.

              (l)    Before taking any action referred to in Sections 6.05 or 8.03, the Trustee
       may require that a satisfactory indemnity bond be furnished for the reimbursement of all
       expenses to which it may be put and to protect it against all liability, except liability which
       is adjudicated to have resulted from its gross negligence or willful misconduct in
       connection with any such action.

              (m)    All moneys received by the Trustee shall, until used or applied or invested
       as herein provided, be held in trust for the purposes for which they were received but
       need not be segregated from other funds except to the extent required by law.

       Section 6.03. Fees, Charges and Expenses of Trustee. The Trustee shall be entitled
to payment and reimbursement for reasonable fees for its services rendered hereunder and all
advances, counsel fees (including expenses) and other expenses reasonably and necessarily
made or incurred by the Trustee in connection with such services.

        Section 6.04. Notice to Note Owners of Default. If an Event of Default hereunder
occurs with respect to any Notes, of which the Trustee has been given or is deemed to have
notice, as provided in Section 6.02(h) hereof, then the Trustee shall promptly give written notice
thereof by first-class mail to the Owner of each such Note, unless such Event of Default shall
have been cured before the giving of such notice; provided, however, that unless such Event of
Default consists of the failure by the District to make any payment when due, the Trustee may
elect not to give such notice if and so long as the Trustee in good faith determines that it is in
the best interests of the Note Owners not to give such notice.

        Section 6.05. Intervention by Trustee. In any judicial proceeding to which the District
is a party which, in the opinion of the Trustee and its counsel, has a substantial bearing on the
interests of Owners of any of the Notes, the Trustee may intervene on behalf of such Note
Owners, and subject to Section 6.02(l) hereof, shall do so if requested in writing by the Owners
of a majority in aggregate principal amount of such Notes then Outstanding.


                                                 28
       Section 6.06. Removal of Trustee. The Owners of a majority in aggregate principal
amount of the Outstanding Notes may at any time, and so long as no Event of Default shall
have occurred and then be continuing, the District may remove the Trustee initially appointed,
and any successor thereto, by an instrument or concurrent instruments in writing delivered to
the Trustee, whereupon the District or such Owners, as the case may be, shall appoint a
successor or successors thereto; provided that any such successor shall be a bank or trust
company meeting the requirements set forth in Section 6.01.

         Section 6.07. Resignation by Trustee. The Trustee and any successor Trustee may
at any time resign by giving thirty (30) days' written notice by registered or certified mail to the
District. Upon receiving such notice of resignation, the District shall promptly appoint a
successor Trustee. Any resignation or removal of the Trustee and appointment of a successor
Trustee shall become effective upon acceptance of appointment by the successor Trustee.
Upon such acceptance, the District shall cause notice thereof to be given by first class mail
(postage prepaid) to the Note Owners at their respective addresses set forth on the Registration
Books.

         Section 6.08. Appointment of Successor Trustee. In the event of the removal or
resignation of the Trustee pursuant to Sections 6.06 or 6.07, respectively, the District shall
promptly appoint a successor Trustee. In the event the District shall for any reason whatsoever
fail to appoint a successor Trustee within ninety (90) days following the delivery to the Trustee
of the instrument described in Section 6.06 or within ninety (90) days following the receipt of
notice by the District pursuant to Section 6.07, the Trustee may apply to a court of competent
jurisdiction for the appointment of a successor Trustee meeting the requirements of Section
6.01. Any such successor Trustee appointed by such court shall become the successor Trustee
hereunder notwithstanding any action by the District purporting to appoint a successor Trustee
following the expiration of such ninety-day period.

        Section 6.09. Merger or Consolidation. Any company into which the Trustee may be
merged or converted or which it may be consolidated or any company resulting from any
merger, conversion or consolidation to which it shall be a party or any company to which the
Trustee may sell or transfer all or substantially all of it corporate trust business, provided that
such company shall be eligible under Section 6.01, shall be the successor to the Trustee and
vested with all of the trusts, powers, discretions, immunities, privileges and all other matters as
was its predecessor, without the execution or filing of any paper or further act, anything herein
to the contrary notwithstanding.

        Section 6.10. Concerning any Successor Trustee. Every successor Trustee
appointed hereunder shall execute, acknowledge and deliver to its predecessor and also to the
District an instrument in writing accepting such appointment hereunder and thereupon such
successor, without any further act, deed or conveyance, shall become fully vested with all the
estates, properties, rights, powers, trusts, duties and obligations of its predecessors; but such
predecessor shall, nevertheless, on the Request of the District, or of its successor, execute and
deliver an instrument transferring to such successor all the estates, properties, rights, powers
and trusts of such predecessor hereunder; and every predecessor Trustee shall deliver all
securities and moneys held by it as the Trustee hereunder to its successor. Should any
instrument in writing from the District be required by any successor Trustee for more fully and
certainly vesting in such successor the estate, rights, powers and duties hereby vested or
intended to be vested in the predecessor, any and all such instruments in writing shall, on
request, be executed, acknowledged and delivered by the District.


                                                29
         Section 6.11. Appointment of Co-Trustee. It is the purpose of this Indenture that
there shall be no violation of any law of any jurisdiction (including particularly the law of the
State) denying or restricting the right of banking corporations or associations to transact
business as Trustee in such jurisdiction. It is recognized that in the case of litigation under this
Indenture, and in particular in case of the enforcement of the rights of the Trustee on default, or
in the case the Trustee deems that by reason of any present or future law of any jurisdiction it
may not exercise any of the powers, rights or remedies herein granted to the Trustee or hold
title to the properties, in trust, as herein granted, or take any other action which may be
desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an
additional individual or institution as a separate or co-trustee. The following provisions of this
Section 6.11 are adopted to these ends.

        In the event that the Trustee appoints an additional individual or institution as a separate
or co-trustee, each and every remedy, power, right, claim, demand, cause of action, immunity,
estate, title, interest and lien expressed or intended by this Indenture to be exercised by or
vested in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in
such separate or co-trustee but only to the extent necessary to enable such separate or co-
trustee to exercise such powers, rights and remedies, and every covenant and obligation
necessary to the exercise thereof by such separate or co-trustee shall run to and be enforceable
by either of them.

        Should any instrument in writing from the District be required by the separate trustee or
co-trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to it
such properties, rights, powers, trusts, duties and obligations, any and all such instruments in
writing shall, on request, be executed, acknowledged and delivered by the District. In case any
separate trustee or co-trustee, or a successor to either, shall become incapable of acting, resign
or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such
separate trustee or co-trustee, so far as permitted by law, shall vest in and be exercised by the
Trustee until the appointment of a new trustee or successor to such separate trustee or co-
trustee.

        Section 6.12. Indemnification; Limited Liability of Trustee. To the extent permitted
by law, the District shall indemnify and hold the Trustee harmless from and against all claims,
losses, costs, expenses, liabilities and damages including legal fees and expenses arising from
the exercise and performance of its duties hereunder, other than arising from the gross
negligence or willful misconduct of the Trustee. No provision in this Indenture shall require the
Trustee to risk or expend its own funds or otherwise incur any financial liability hereunder if it
shall have reasonable grounds for believing repayment of such funds or adequate indemnity
against such liability or risk is not assured to it. The Trustee shall not be liable for any action
taken or omitted to be taken by it in accordance with the direction of a majority of the Owners of
the principal amount of Notes Outstanding relating to the time, method and place of conducting
any proceeding or remedy available to the Trustee under this Indenture. a




                                                30
                                           ARTICLE VII

                  MODIFICATION AND AMENDMENT OF THE INDENTURE

        Section 7.01. Amendment by Consent of Note Owners. This Indenture and the
rights and obligations of the District and of the Owners of the Notes may be modified or
amended at any time by a Supplemental Indenture which shall become binding upon adoption,
without consent of any Note Owners, but only to the extent permitted by law and only for any
one or more of the following purposes-

              (a)    to add to the covenants and agreements of the District in this Indenture
       contained, other covenants and agreements thereafter to be observed, or to limit or
       surrender any rights or power herein reserved to or conferred upon the District; ore

               (b)     to make such provisions for the purpose of curing any ambiguity, or of
       curing, correcting or supplementing any defective provision contained in this Indenture,
       or in any other respect whatsoever as the District may deem necessary or desirable,
       provided under any circumstances that such modifications or amendments shall not
       materially adversely affect the interests of the Owners of the Notes in the opinion of
       nationally recognized bond counsel; or

               (c)    to provide for the issuance of any Parity Debt, and to provide the terms
       and conditions under which such Parity Debt may be issued, including but not limited to
       the establishment of special funds and accounts relating to such Parity Debt and any
       other provisions relating solely to such Parity Debt, subject to and in accordance with the
       provisions of Section 3.04; or

               (d)    to amend any provision hereof relating to compliance with or the
       requirements of the Tax Code, to any extent whatsoever but only if and to the extent
       such amendment will not adversely affect the exemption from federal income taxation of
       interest on any of the Notes, in the opinion of nationally-recognized bond counsel.

        Except as set forth in the previous provisions of this Section 7.01, this Indenture and the
rights and obligations of the District and of the Owners of the Notes shall not be modified or
amended at any time unless there first shall have been filed with the Trustee the written
consents of the Owners of a majority in aggregate principal amount of the Notes then
Outstanding (exclusive of Notes disqualified as provided in Section 7.02). No such modification
or amendment shall (a) extend the maturity of or reduce the interest rate on any Note or
otherwise alter or impair the obligation of the District to pay the principal, interest or redemption
premiums at the time and place and at the rate and in the currency provided therein of any Note
without the express written consent of the Owner of such Note, (b) reduce the percentage of
Notes required for the written consent to any such amendment or modification, or (c) without its
written consent thereto, modify any of the rights or obligations of the Trustee.

         Section 7.02. Disqualified Notes. Notes owned or held by or for the account of the
District (but excluding Notes held in any employees' retirement fund) shall not be deemed
Outstanding for the purpose of any consent or other action or any calculation of Outstanding
Notes in this Article provided for, and shall not be entitled to consent to, or take any other action
in this Article provided for.



                                                 31
        Section 7.03. Endorsement or Replacement of Notes After Amendment. After the
effective date of any action taken as hereinabove provided, the District may determine that the
Notes shall bear a notation, by endorsement in form approved by the District, as to such action,
and in that case upon demand of the Owner of any Note Outstanding at such effective date and
presentation of his Note for that purpose at the Office of the Trustee, a suitable notation as to
such action shall be made on such Note. If the District shall so determine, new Notes so
modified as, in the opinion of the District, shall be necessary to conform to such Note Owners'
action shall be prepared and executed, and in that case upon demand of the Owner of any Note
Outstanding at such effective date such new Notes shall be exchanged at the Office of the
Trustee, without cost to each Note Owner, for Notes then Outstanding, upon surrender of such
Outstanding Notes.

       Section 7.04. Amendment by Mutual Consent. The provisions of this Article VII shall
not prevent any Note Owner from accepting any amendment as to the particular Note held by
him, provided that due notation thereof is made on such Note.




                                               32
                                          ARTICLE VIII

                EVENTS OF DEFAULT AND REMEDIES OF NOTE OWNERS

      Section 8.01. Events of Default. The following events shall be Events of Default
hereunder:

             (a)     Failure by the District to pay the principal of or interest or redemption
       premium (if any) on any Note or any Parity Debt when and as the same shall become
       due and payable.

                (b)    Failure by the District to observe and perform any of the covenants,
       agreements or conditions on its part in this Indenture or in the Notes contained, other
       than as referred to in the preceding clause (a), for a period of sixty (60) days after written
       notice specifying such failure and requesting that it be remedied has been given to the
       District by the Trustee or by the Owners of not less than five percent (5%) in aggregate
       principal amount of the Notes then Outstanding; provided, however, that if in the
       reasonable opinion of the District the failure stated in such notice can be corrected, but
       not within such sixty (60) day period, the Trustee and such Owners shall not
       unreasonably withhold their consent to an extension of such time if corrective action is
       instituted by the District within such sixty (60) day period and diligently pursued until
       such failure is corrected.

              (c)    The District commences a voluntary action under Title 11 of the United
       States Code or any substitute or successor statute.

       If an Event of Default has occurred under this Section and is continuing, the Trustee
may, and if requested in writing by the Owners of a majority in aggregate principal amount of the
Notes then Outstanding the Trustee shall, exercise any remedies available to the Trustee and
the Note Owners in law or at equity.

        Immediately upon becoming aware of the occurrence of an Event of Default, the Trustee
shall give notice of such Event of Default to the District by telephone promptly confirmed in
writing. Such notice shall also state whether the principal of the Notes shall have been declared
to be or have immediately become due and payable.

       Section 8.02. Application of Funds Upon Acceleration. All amounts received by the
Trustee pursuant to any right given or action taken by the Trustee under the provisions of this
Indenture shall be applied by the Trustee in the following order upon presentation of the several
Notes, and the stamping thereon of the amount of the payment if only partially paid, or upon the
surrender thereof if fully paid;

                First, to the payment of the fees, costs and expenses of the Trustee in declaring
       such Event of Default and in exercising the rights and remedies set forth in this Article
       VIII, including reasonable compensation to its or their agents, attorneys and counsel;
       and

               Second, to the payment of the whole amount then owing and unpaid upon the
       Notes for principal and interest, with interest on the overdue principal and installments of
       interest at the net effective rate then borne by the Outstanding Notes (to the extent that


                                                33
       such interest on overdue installments of principal and interest shall have been collected),
       and in case such moneys shall be insufficient to pay in full the whole amount so owing
       and unpaid upon the Notes, then to the payment of such principal and interest without
       preference or priority of principal over interest, or interest over principal, or of any
       installment of interest over any other installment of interest, ratably to the aggregate of
       such principal and interest.

       Section 8.03. Power of Trustee to Control Proceedings. In the event that the
Trustee, upon the happening of an Event of Default, shall have taken any action, by judicial
proceedings or otherwise, pursuant to its duties hereunder, whether upon its own discretion or
upon the request of the Owners of a majority in aggregate principal amount of the Notes then
Outstanding, it shall have full power, in the exercise of its discretion for the best interests of all
of the Owners of the Notes, with respect to the continuance, discontinuance, withdrawal,
compromise, settlement or other disposal of such action; provided, however, that the Trustee
shall not, unless there no longer continues an Event of Default, discontinue, withdraw,
compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the
time there has been filed with it a written request signed by the Owners of a majority in
aggregate principal amount of the Outstanding Notes hereunder opposing such discontinuance,
withdrawal, compromise, settlement or other disposal of such litigation.

          Section 8.04. Limitation on Note Owners' Right to Sue. No Owner of any Note
issued hereunder shall have the right to institute any suit, action or proceeding at law or in
equity, for any remedy under or upon this Indenture, unless (a) such Owner shall have
previously given to the Trustee written notice of the occurrence of an Event of Default; (b) the
Owners of a majority in aggregate principal amount of all the Notes then Outstanding shall have
made written request upon the Trustee to exercise the powers hereinbefore granted or to
institute such action, suit or proceeding in its own name; (c) said Owners shall have tendered to
the Trustee indemnity reasonably acceptable to the Trustee against the costs, expenses and
liabilities to be incurred in compliance with such request; and (d) the Trustee shall have refused
or omitted to comply with such request for a period of sixty (60) days after such written request
shall have been received by, and said tender of indemnity shall have been made to, the
Trustee.

        Such notification, request, tender of indemnity and refusal or omission are hereby
declared, in every case, to be conditions precedent to the exercise by any Owner of Notes of
any remedy hereunder; it being understood and intended that no one or more Owners of Notes
shall have any right in any manner whatever by his or their action to enforce any right under this
Indenture, except in the manner herein provided, and that all proceedings at law or in equity to
enforce any provision of this Indenture shall be instituted, had and maintained in the manner
herein provided and for the equal benefit of all Owners of the Outstanding Notes.

        The right of any Owner of any Note to receive payment of the principal of (and premium,
if any) and interest on such Note as herein provided or to institute suit for the enforcement of
any such payment, shall not be impaired or affected without the written consent of such Owner,
notwithstanding the foregoing provisions of this Section or any other provision of this Indenture.

        Section 8.05. Non-waiver. Nothing in this Article VIII or in any other provision of this
Indenture or in the Notes, shall affect or impair the obligation of the District, which is absolute
and unconditional, to pay from the Tax Revenues and other legally available moneys, the
principal of and interest and premium (if any) on the Notes to the respective Owners of the
Notes on the respective Interest Payment Dates as herein provided.


                                                 34
        A waiver of any default by any Note Owner shall not affect any subsequent default or
impair any rights or remedies on the subsequent default. No delay or omission of any Owner of
any of the Notes to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver of any such default or an acquiescence
therein, and every power and remedy conferred upon the Note Owners by the Law or by this
Article VIII may be enforced and exercised from time to time and as often as shall be deemed
expedient by the Owners of the Notes.

       If a suit, action or proceeding to enforce any right or exercise any remedy shall be
abandoned or determined adversely to the Note Owners, the District and the Note Owners shall
be restored to their former positions, rights and remedies as if such suit, action or proceeding
had not been brought or taken.

        Section 8.06. Actions by Trustee as Attorney-in-Fact. Any suit, action or proceeding
which any Owner of Notes shall have the right to bring to enforce any right or remedy hereunder
may be brought by the Trustee for the equal benefit and protection of all Owners of Notes
similarly situated and the Trustee is hereby appointed (and the successive respective Owners of
the Notes issued hereunder, by taking and holding the same, shall be conclusively deemed so
to have appointed it) the true and lawful attorney-in-fact of the respective Owners of the Notes
for the purpose of bringing any such suit, action or proceeding and to do and perform any and
all acts and things for and on behalf of the respective Owners of the Notes as a class or
classes, as may be necessary or advisable in the opinion of the Trustee as such attorney-in-
fact.

       Section 8.07. Remedies Not Exclusive. No remedy herein conferred upon or
reserved to the Owners of Notes is intended to be exclusive of any other remedy. Every such
remedy shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing, at law or in equity or by statute or otherwise, and may be exercised
without exhausting and without regard to any other remedy conferred by the Law or any other
law.




                                              35
                                           ARTICLE IX

                                       MISCELLANEOUS

        Section 9.01. Benefits Limited to Parties. Nothing in this Indenture, expressed or
implied, is intended to give to any person other than the District, the Trustee and the Owners of
the Notes, any right, remedy, claim under or by reason of this Indenture. Any covenants,
stipulations, promises or agreements in this Indenture contained by and on behalf of the District
shall be for the sole and exclusive benefit of the Trustee and the Owners of the Notes.

       Section 9.02. Successor is Deemed Included in All References to Predecessor.
Whenever in this Indenture either the District or the Trustee is named or referred to, such
reference shall be deemed to include the successors or assigns thereof, and all the covenants
and agreements in this Indenture contained by or on behalf of the District or the Trustee shall
bind and inure to the benefit of the respective successors and assigns thereof whether so
expressed or not.

       Section 9.03. Discharge of Indenture. If the District shall pay and discharge the entire
indebtedness on all Outstanding Notes in any one or more of the following ways:

               (a)     by well and truly paying or causing to be paid the principal of and interest
       and premium (if any) on all Outstanding Notes, as and when the same become due and
       payable;
               (b)     by irrevocably depositing with a fiduciary (who may be, but is not required
       to be, the Trustee), in trust, at or before maturity, cash which, together with the available
       amounts then on deposit in the funds and accounts established pursuant to this
       Indenture, is fully sufficient to pay all Outstanding Notes, including all principal, interest
       and redemption premiums;

               (c)    by irrevocably depositing with a fiduciary (who may be, but is not required
       to be, the Trustee), in trust, Federal Securities in such amount as an Independent
       Accountant shall determine will, together with the interest to accrue thereon and
       available cash then on deposit in the funds and accounts established pursuant to this
       Indenture, be fully sufficient to pay and discharge the indebtedness on all Outstanding
       Notes (including all principal, interest and redemption premiums) at or before maturity;

and if such Notes are to be redeemed prior to the maturity thereof notice of such redemption
shall have been given pursuant to Section 2.03(c) or provision satisfactory to the Trustee shall
have been made for the giving of such notice, then, at the election of the District, and
notwithstanding that any Notes shall not have been surrendered for payment, all obligations of
the Trustee and the District under this Indenture with respect to all Outstanding Notes shall
cease and terminate, except only the obligation of the Trustee to transfer and exchange Notes
hereunder and except the obligation of the District to pay or cause to be paid to the Owners of
the Notes, from the amounts so deposited with the Trustee, all sums due thereon and all
expenses and costs of the Trustee; and thereafter Tax Revenues and other legally available
funds shall not be payable to the Trustee hereunder. Notice of such election shall be filed with
the Trustee.

       Any funds thereafter held by the Trustee, which are not required for said purpose, shall
be paid over to the District.


                                                36
       Section 9.04. Execution of Documents and Proof of Ownership by Note Owners.
Any request, declaration or other instrument which this Indenture may require or permit to be
executed by Note Owners may be in one or more instruments of similar tenor, and shall be
executed by Note Owners in person or by their attorneys appointed in writing.

       Except as otherwise herein expressly provided, the fact and date of the execution by any
Note Owner or his attorney of such request, declaration or other instrument, or of such writing
appointing such attorney, may be proved by the certificate of any notary public or other officer
authorized to take acknowledgments of deeds to be recorded in the state in which he purports
to act, that the person signing such request, declaration or other instrument or writing
acknowledged to him the execution thereof, or by an affidavit of a witness of such execution,
duly sworn to before such notary public or other officer.

        The ownership of Notes and the amount, maturity, number and date of ownership
thereof shall be proved by the Registration Books.

         Any request, declaration or other instrument or writing of the Owner of any Note shall
bind all future Owners of such Note in respect of anything done or suffered to be done by the
District or the Trustee in good faith and in accordance therewith.

       Section 9.05. Waiver of Personal Liability. No member, officer, agent or employee of
the District shall be individually or personally liable for the payment of the principal of or interest
on the Notes; but nothing herein contained shall relieve any such member, officer, agent or
employee from the performance of any official duty provided by law.

       Section 9.06. Destruction of Canceled Notes. Whenever in this Indenture provision
is made for the surrender to the District of any Notes which have been paid or cancelled
pursuant to the provisions of this Indenture, at the Written Request of the District a certificate of
destruction duly executed by the Trustee shall be deemed to be the equivalent of the surrender
of such canceled Notes and the District shall be entitled to rely upon any statement of fact
contained in any certificate with respect to the destruction of any such Notes referred to therein.

         Section 9.07. Notices. Any notice or demand which by any provision of this Indenture
is required or permitted to be given or served may be given or served by first class mail
(postage prepaid) and shall be deemed to have been given or served upon deposit in a post
office letter box addressed to the Trustee at its Office or to the District (until another address is
filed by the District with the Trustee) as follows:

       If to the District:                     East Bay Regional Park District.
                                               2950 Peralta Oaks Court
                                               Oakland, California 94605-5320
                                               Attention: Chief Financial Officer

       If to the Trustee:                      [TRUSTEE]



         Section 9.08. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase
of this Indenture shall for any reason be held illegal, invalid or unenforceable, such holding shall
not affect the validity of the remaining portions of this Indenture. The District and the Trustee


                                                  37
hereby declare that they would have entered into this Indenture and each and every other
Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Notes
pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences,
clauses, or phrases of this Indenture may be held illegal, invalid or unenforceable.

        Section 9.09. Unclaimed Moneys. Anything contained herein to the contrary
notwithstanding, any money held by the Trustee in trust for the payment and discharge of the
interest or premium (if any) on or principal of the Notes which remains unclaimed for two (2)
years after the date when the payments of such interest, premium and principal have become
payable, if such money was held by the Trustee at such date, or for two (2) years after the date
of deposit of such money if deposited with the Trustee after the date when the interest and
premium (if any) on and principal of such Notes have become payable, shall at the Written
Request of the District be repaid by the Trustee to the District as its absolute property free from
trust, and the Trustee shall thereupon be released and discharged with respect thereto and the
Note Owners shall look only to the District for the payment of the interest and premium (if any)
on and principal of such




                                                38
       IN WITNESS WHEREOF, the EAST BAY REGIONAL PARK DISTRICT has caused this
Indenture to be signed in its name by its President and attested by its Secretary, and
[TRUSTEE], in token of its acceptance of the trusts created hereunder, has caused this
Indenture to be signed in its corporate name by its officers thereunto duly authorized, all as of
the day and year first above written.

                                                     EAST BAY REGIONAL PARK DISTRICT



                                                     By:
                                                                   _______________




ATTEST:



By:                  `
          Secretary to the Board

                                                     [TRUSTEE], as Trustee



                                                     By:
                                                                   Authorized Officer




                    [Signature Page to 2012 Promissory Notes Indenture of Trust]
                                             EXHIBIT A


                                         (FORM OF NOTE)

No.                                                                                         $____

                            EAST BAY REGIONAL PARK DISTRICT
                                 2012 PROMISSORY NOTE



INTEREST RATE                MATURITY DATE                  DATED DATE                      CUSIP


       REGISTERED OWNER:

       PRINCIPAL AMOUNT:

         EAST BAY REGIONAL PARK DISTRICT, a regional park district organized and existing
under the laws of the State of California (the "District") for value received, hereby promises to
pay to the Registered Owner specified above or registered assigns (the "Registered Owner"),
on the Maturity Date specified above (subject to any right of prior redemption hereinafter
provided for), the Principal Amount specified above in lawful money of the United States of
America, and to pay interest thereon in like lawful money from the Interest Payment Date (as
hereinafter defined) next preceding the date of authentication of this Note (unless (a) this Note
is authenticated on or before an Interest Payment Date and after the fifteenth day of the month
preceding such Interest Payment Date, in which event it shall bear interest from such Interest
Payment Date, or (b) this Note is authenticated on or before February 15, 2013, in which event
it shall bear interest from the Dated Date specified above; provided, however, that if at the time
of authentication of this Note, interest is in default on this Note, this Note shall bear interest from
the Interest Payment Date to which interest has previously been paid or made available for
payment on this Note), at the Interest Rate per annum specified above, payable semiannually
on May 1 and November 1 in each year, commencing November 1, 2012 (the "Interest Payment
Dates"). Principal hereof is payable at the principal corporate trust office of [TRUSTEE], as
trustee (the "Trustee"), in San Francisco, California. Interest hereon is payable by check or
draft of the Trustee mailed to the Registered Owner at the Registered Owner's address as it
appears on the registration books of the Trustee as of the fifteenth (15th) day of the month
preceding each Interest Payment Date.

        This Note is one of a duly authorized issue of promissory notes of the District designated
as the East Bay Regional Park District 2012 Promissory Notes (the "Notes") of an aggregate
principal amount of ______________ Dollars ($__________), all of like date and tenor (except
for such variations as may be required to designate varying numbers, interest rates,
denominations, maturities or redemption provisions), and all issued pursuant to the provisions of
Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the State of California, as
amended (the "Law"), and pursuant to an Indenture of Trust dated as of September 1, 2012, by
and between the District and the Trustee (the "Indenture") and resolutions of the District
adopted on June 5, 2012 and July 12, 2012, authorizing the issuance of the Notes. The District


                                                 A-1
may issue or incur additional obligations payable from the same source of funds as the Notes,
but only subject to the terms of the Indenture. Reference is hereby made to the Indenture
(copies of which are on file at the office of the District) and all supplements thereto and to the
Law for a description of the terms on which the Notes are issued, the provisions with regard to
the nature and extent of the security for the repayment of the Notes and the rights thereunder of
the owners of the Notes and the rights, duties and immunities of the Trustee and the rights and
obligations of the District thereunder, to all of the provisions of which the Registered Owner of
this Note, by acceptance hereof, assents and agrees. The Notes have been issued by the
District to aid in financing the acquisition of lands and facilities pursuant to and in accordance
with the Law.

        The Notes are limited obligations of the District payable solely from limited ad valorem
property taxes levied upon certain taxable property within the District by the Board of
Supervisors of Alameda County and by the Board of Supervisors of Contra Costa County, and
allocated to the District under applicable law, or from other funds legally available therefor.
Neither the full faith and credit nor the taxing power of the District is pledged for the payment of
the interest on or principal of the Notes, and the Notes are not secured by a legal or equitable
pledge of, or charge, lien or encumbrance upon, any property of the District or any of its income
or revenue.

        The Notes maturing on or before May 1, 20__, shall not be subject to optional
redemption prior to maturity. The Notes maturing on or after May 1, 20__, shall be subject to
redemption at the option of the District in whole or in part on any date on or after May 1, 20__,
from such maturities as are selected by the District (and by lot within a maturity) from any
available source of funds, at a redemption price equal to the principal amount of Notes to be
redeemed, plus accrued but unpaid interest to the redemption date, without premium.

        The Notes maturing on May 1, 20__, are also subject to redemption in whole, or in part
by lot, on May 1 in each year commencing May 1, 20__, from sinking fund payments made by
the District, at a redemption price equal to the principal amount thereof to be redeemed, without
premium, or in lieu thereof may be purchased as provided in the Indenture, in the aggregate
respective principal amounts and on May 1 in the respective years as set forth in the following
table:

               Sinking Fund
              Redemption Date                         Principal Amount to be Redeemed or
                  (May 1)                                         Purchased




         As provided in the Indenture, notice of redemption shall be mailed by first class mail not
less than thirty (30) nor more than sixty (60) days prior to the redemption date to the respective
owners of any Notes designated for redemption at their addresses appearing on the Note
registration books of the Trustee, but neither failure to receive such notice nor any defect in the
notice so mailed shall affect the sufficiency of the proceedings for redemption or the cessation
of accrual of interest on such Notes. Each notice relating to an optional redemption of the Notes
will further state that such redemption may be rescinded by the District on or prior to the date
set for redemption.


                                                A-2
       If this Note is called for redemption and payment is duly provided therefor as specified in
the Indenture, interest shall cease to accrue hereon from and after the date fixed for
redemption.

        This Note is transferable by the Registered Owner hereof, in person or by his attorney
duly authorized in writing, at said office of the Trustee in San Francisco, California, but only in
the manner, subject to the limitations and upon payment of the charges provided in the
Indenture, and upon surrender and cancellation of this Note. Upon registration of such transfer
a new Note or Notes, of authorized denomination or denominations, for the same aggregate
principal amount and of the same maturity will be issued to the transferee in exchange herefor.

        The District and the Trustee may treat the Registered Owner hereof as the absolute
owner hereof for all purposes, and the District and the Trustee shall not be affected by any
notice to the contrary.

       The rights and obligations of the District and the owners of the Notes may be modified or
amended at any time in the manner, to the extent and upon the terms provided in the Indenture,
but no such modification or amendment shall permit a change in the terms of redemption or
maturity of the principal of any outstanding Note or of any installment of interest thereon or a
reduction in the principal amount or the redemption price thereof or in the rate of interest
thereon without the consent of the owner of such Note, or shall reduce the percentages of the
owners required to effect any such modification or amendment.

        Unless this certificate is presented by an authorized representative of The Depository
Trust Company; a New York corporation (“DTC”), to Issuer or its agent for registration of
transfer, exchange, or payment, and any certificate issued is registered in the name of Cede &
Co. or in such other name as is requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE
OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner
hereof, Cede & Co., has an interest herein. It is hereby certified that all of the things, conditions
and acts required to exist, to have happened or to have been performed precedent to and in the
issuance of this Note do exist, have happened or have been performed in due and regular time
and manner as required by the laws of the State of California, and that the amount of this Note,
together with all other indebtedness of the District, does not exceed any limit prescribed by any
laws of the State of California, and is not in excess of the amount of Notes permitted to be
issued under the Indenture.

        It is hereby certified, recited and declared that all of the things, conditions and acts
required to exist, to have happened or to have been performed precedent to and in the issuance
of this Note do exist, have happened or have been performed in due and regular time, form and
manner as required by the Law and the laws of the State of California and that the amount of
this Note, together with all other indebtedness of the District, does not exceed any limit
prescribed by the Law or any laws of the State of California, and is not in excess of the amount
of Notes permitted to be issued under the Indenture.

        This Note shall not be entitled to any benefit under the Indenture or become valid or
obligatory for any purpose until the certificate of authentication hereon endorsed shall have
been signed by the Trustee.



                                                A-3
       IN WITNESS WHEREOF, the East Bay Regional Park District has caused this Note to
be executed in its name and on its behalf with the facsimile signature of its President and
attested by the manual signature of its Secretary, all as of the Dated Date specified above.

                                                  EAST BAY REGIONAL PARK DISTRICT



                                                  By:
                                                                  President

(S E A L)

ATTEST:




                Secretary




                                            A-4
        (FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION)
                      TO APPEAR ON NOTES)

This is one of the Notes described in the within-mentioned Indenture.

Dated: [________]


                                             [TRUSTEE], as Trustee



                                             By:
                                             Its:




                                       A-5
                                         FORM OF ASSIGNMENT


       For value received, the undersigned do(es) hereby sell, assign and transfer unto



                   (Name, Address and Tax Identification or Social Security Number of Assignee)
       the within Note and do(es) hereby irrevocably constitute and appoint
                                                                                 , attorney,
        to transfer the same on the registration books of the Trustee, with full power of
substitution in the premises.

       Dated:

       Signature Guaranteed:



NOTICE: Signature(s) must be guaranteed by a         NOTICE: The signature on this assignment must
        eligible guarantor.                                  correspond with the name(s) as written on
                                                             the face of the within Note in every particular
                                                             without alteration or enlargement or any
                                                             change whatsoever.




                                                  A-6
A-7
BOARD AND STAFF
REPORTS
                                       AGENDA
                                   REGULAR MEETING
                                  BOARD OF DIRECTORS

                           EAST BAY REGIONAL PARK DISTRICT

                                   Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       3.     BOARD AND STAFF REPORTS

              a.      Actions Taken By Other Jurisdictions Affecting the Park District
                                                                               (Doyle)


U.S. Department of the Interior – Scotts Valley Indian Casino, unincorporated North Richmond

On May 25, 2012, the U.S. Department of the Interior announced its denial of an application
from the Scotts Valley Band of Pomo Indians that would have made a 30-acre area of
unincorporated North Richmond eligible for development of a casino. As proposed, the casino
would have featured 2,000 slot machines and 50 gambling tables on a site located along
Richmond Parkway across from Breuner Marsh near the Parchester Village neighborhood. The
Scotts Valley Band had been seeking approval from the Department of the Interior that would
qualify the site as “restored land” under the Indian Gaming Regulatory Act’s equal footing
exceptions; the approval was needed because the Interior Department would have held the
land in a trust for the tribe. However, a review by the Bureau of Indian Affairs determined that
the tribe’s application did not demonstrate a “significant historical connection” between the
tribe and the land in question. The District commented on the proposed casino project in
April of 2008, expressing concern about the adequacy of the Final Environmental Impact
Statement’s analysis of impacts to nearby marshland from increased untreated storm water
runoff, and increased traffic in the area.

A similar decision was made in September 2011 against the Guidiville Band of Pomo Indians
regarding a casino and resort proposed for the former Point Molate Naval Fuel Depot. The
decision made on the Scotts Valley Band’s proposal means that both proposals for Indian
casinos in the Richmond area are no longer in consideration.
GM COMMENTS
                                            AGENDA
                                        REGULAR MEETING
                                       BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                       Wednesday, June 6, 2012

C.     BUSINESS BEFORE THE BOARD

       4.      GENERAL MANAGER’S COMMENTS

STAFF PRESENTATION

There will be no staff presentation.

PLANNIN/STEWARDSHIP/DESIGN & CONSTRUCTION

The District accepted the Big Break Visitor Center at the Delta from the contractor on May
29, and assumed full responsibility for maintenance and public safety. The building contractor is
substantially complete with some “punch list” work remaining which should be complete within
35 days. The contract for the site work (paving, site furnishings, landscape, etc.) is ongoing and
will be complete in early summer.

OPERATIONS DIVISION

Interpretive and Recreation Services Department

Interpretive Services Unit
Ardenwood Historic Farm: On April 14, over 2,000 visitors enjoyed the 15th Annual Tartan Day
Scottish Fair special event; attendance increased by 15% over 2011.

On April 22, approximately 1,365 visitors flocked to the farm for the Sheep Shearing Day special
event. The event also included music, wooly crafts, and sheepdog demonstrations.

Coyote Hills: On April 15, over 120 Ohlone descendants attended the second Ohlone
Descendants Picnic.

On May 5, more than 20 people strolled with Senator Ellen Corbett during her Walking Town
Hall event guided by naturalist staff and docents.

Crab Cove: On April 7, over 1,200 people participated in the Spring Egg Scramble at Crown
Beach, in partnership with the City of Alameda, Alameda Rotary Club, Crab Cove, and the
Mobile Education Unit.



                                                 1
On April 21, approximately 100 volunteers joined staff for the annual Earth Day Beach Cleanup
at Crown Beach, and EBRPD hosted an information table at the City of Alameda’s Earth Day
event that attracted 2,000 visitors.

Mobile Education Programs: On April 14, the Mobile Fish Exhibit was on display at the Berkeley
Bay Festival which hosted 2,000 residents.

Sunol: On April 14, over 2,000 people attended Sunol’s Wildflower Festival, enjoying booths
representing eight community organizations and public agencies.

Tidewater Interpretive Outreach and Programs: On April 14, staff collaborated with Golden
Gate Audubon for a day-long Earth Day event for 75 children and families from six East Oakland
elementary schools at Martin Luther King Jr. Regional Shoreline – Tidewater Boating Center.

On April 18, the Acting Tidewater Supervising Naturalist served as a panelist at a Green Jobs
Forum hosted by Communities for a Better Environment.. Laney College’s Green Jobs Program,
Merritt College’s Sustainable Agriculture Program, and several other East Oakland non-profits also
participated. The event was attended by 45 people.

Tilden Nature Area: On April 20, staff hosted 25 students from California State University,
Chico Environmental Interpretation and Communication course. The students were given a hands-
on demonstration of interpretive methods at the Tilden Nature Area.

Exhibit Design
The Greathouse Visitor Center is complete and staff continues work on the Big Break
temporary exhibits.

Recreation Services Unit
On April 9, staff hosted graduates from last summer’s Teen Eco Action program to complete a
service project at East Creek Slough, followed by a canoe trip around San Leandro Bay.

On April 14 and 28, Recreation, Community Outreach, and Mobile Education staff, hosted a Girl
Scouts Environmental Outreach Program, as they explored Arrowhead Marsh in canoes.

On April 15, biology students from U.C. San Francisco enjoyed a day of canoeing on the San
Leandro Bay. 20 students from Castlemont High School’s Sustainable Urban Design Academy
participated in a canoe trip that supports learning of watershed and natural environments.

On May 4, Outdoor Recreation hosted 50 foster and kinship family members from Oakland and
San Leandro through our partner, Family Support Service of the Bay Area. The members
enjoyed an evening campfire at Redwood Park and watched the moon rise over the redwoods.

Community Outreach
On April 7, in collaboration with staff from Oakland Parks & Recreation (OPR) and Interpretive
& Recreation Services, nine youth from the Ashland Youth Center’s youth leadership team
participated in a kayaking trip out of the Jack London Aquatic Center.

                                                2
On April 17, the Acting Tidewater Supervising Naturalist and Community Outreach
Coordinator attended a meeting with Alameda County’s Workforce Investment Board
(ACWIB) and their partnering agencies to present information about the Park District and
explore opportunities for summer youth employment partnerships. As a result the Park
District will be piloting a Youth Employment Program in collaboration with ACWIB.

On April 27, staff hosted and participated in the Alameda County Building Blocks Collaborative
Race, Power, and Privilege training at the Trudeau Training Center. The training was attended by
35 staff from Building Blocks Collaborative partner agencies from across Alameda County.

On May 5, with support from the Interpretive Services Unit, staff attended the Girl Scouts of
Northern California One Hundred Fun Hundred 100th anniversary event at the Alameda County
Fairgrounds. 22,000 people from 36 states and 6 different countries attended.

Maintenance & Skilled Trades Department

Maintenance Contract Unit
As part of the Del Valle service yard improvement project, an 8,800 square foot storage lot was
created in coordination with administrative staff and Roads and Trails crew. The area just west
of the existing yard was graded flat and covered with compacted base rock to create an all-
weather surface. A new six-foot high privacy-style chain link fence was installed. The fence
includes two 20-foot wide gates which allow drive-through access.

The Camp Arroyo Steam Plant building is a 1940’s era concrete building currently used as
warehouse and storage for the Taylor Family Foundation. The District is striving to keep the
historic appearance while upgrading the building’s doors and windows. Three sets of door
frames and steel doors were installed which maintain the vintage quality through the design,
procurement, assembly, and installation.

Fleet Management
Fleet Management continued working on the 2012 vehicle and equipment replacements, which
are now 75% complete.

Construction to restore the break room and bathrooms destroyed by fire at the Tilden Corp
Yard is near completion. Removal of the existing equipment shop concrete slab, later this year,
will mark the beginning of the new shop rebuilding process.

Staff was recently invited to a demonstration and test drive of the new THINK City, an all-
electric, freeway-capable car with a 70-MPH top speed and 100-mile range. All who drove the
vehicle agreed that this emerging green technology has a place in the District. Efforts are being
made to identify a suitable department and potential vehicle replacement.




                                               3
Park Operations Department

Recreation Areas Unit
During the month of April, staff led over 230 volunteers in various projects. A total of 651
hours were spent picking up litter, weeding, recycling, raking, and cleaning up at Contra Loma,
Cull Canyon, Diablo Foothills, and Kennedy Grove.

Diablo Foothills: Park staff worked with Wildlife Program Manager Doug Bell to install “Area
Closed” signs near the rocks of Mount Diablo State Park where peregrine falcons are nesting.
Volunteers watching the site report that chicks have hatched, and hope that the signs will keep
the public away from the nest. Staff is also working with two Eagle Scout candidates on
projects for the new service yard. One Scout will construct holding bins for gravel and the
second Scout will install a drip irrigation system to newly planted areas.

Regional Trails Unit
Unit Manager Davio Santos made a final presentation of the North and South Short Loop Trails
brochures to the Board Operations Committee. This collaborative effort between Public
Affairs, Land, and Park Operations staff resulted in the development of web and smart phone
applications as well as the traditional paper brochures to highlight short walks in 31 District
parks. Smart phones, tablets, and Google Street Maps can be incorporated into the project,
making these trails accessible in a format that many people now rely on for information.

Alternative Work Program (AWP): The AWP is comprised of two crews, one for Alameda
County and one for Contra Costa County. It is a County supported process that allows
persons sentenced to 135 days or less in the County jail to perform community improvement
projects and manual labor in support of non-profit organizations. Last month they assisted with
the annual plant sale at the Botanic Garden by moving hundreds of potted plants, clearing the
parking area of hazards, helping customers load their purchases, and controlling traffic. At
Sunol, they helped set up for the annual Wildflower Festival.

Contra Costa Trails: Alameda County Trails Supervisor Marcus Phinnessee represented the
Trails Unit at the ground-breaking of the Alamo Canal Trail undercrossing in Dublin. This
project is funded by the Federal Tiger II Grant. Upon completion, this new section of trail will
go under I-580 and connect into Pleasanton.

Shoreline Unit
On April 18, the Shoreline Unit held their bi-annual Oil Spill Boom Deployment training at
Martinez Shoreline. Unit staff members were exposed to local conditions of tide, current,
wind, and waves as they deployed over 1,000 feet of boom in various locations.

On April 26, Miller-Knox Supervisor Scott Possin attended a tabletop oil spill drill at the
Chevron Richmond refinery. He trained with Fish & Game Oil Spill Prevention and Response,
the Coast Guard, and other non-government organizations to practice and improve
coordination during a spill response.



                                               4
Hayward Shoreline: Staff has been dealing with an outbreak of Avian Botulism and Avian
Cholera in the Hayward Marsh ponds since mid-September of last year. To date, staff has spent
more than 900 hours removing 2,540 deceased and diseased waterfowl from the ponds. The
lab at U.C. Davis has confirmed that the outbreak is Avian Cholera; however, staff is still
observing signs of Avian Botulism in the marsh.

Martin Luther King Jr. Regional Shoreline: Earth Day was celebrated with 189 members of the
public and PG&E staff working on shoreline cleanup and tree and shrub planting along Damon
Marsh Trail and at the Martin Luther King Jr. Memorial Grove. Golden Gate Audubon Eco-
Oakland program participants also worked on pulling weeds from planter beds and shoreline
cleanup at Tidewater.

Miller-Knox/Brooks Island: On April 6, Brooks Island Supervising Naturalist David Zuckermann
led a Dolphin Charter tour, which included filming and an interview by Eye on the Bay about
Brooks Island.

On April 23, Miller/Knox hosted a bicycle-powered Bay Rising Concert Tour near the lagoon.
The concert featured the two music groups; Rupa & the April Fishes, and Shake Your Peace!




                                             5
                                    Event Calendar
                                     May - June 2012


                                                                                       Sponsoring
        Date          Day      Event                        Location                   Organization
       5/12/12      Saturday   Special Event & Open House Black Diamond Mines          EBRPD
       5/23/12     Wednesday   Volunteer Recognition Dinner Cull Canyon                EBRPD
                                                            Ardenwood, Coyote
                                                            Hills, Crab Cove, Tilden
                                                            Nature Area, Black
       5/28/12      Monday     Memorial Day Open House      Diamond Mine (tours)       EBRPD
                               Sand Castle & Sculpture                                 EBRPD, ARPD, Bayview
     6/9/12         Saturday   Contest                      Crown Beach                Women's Club
    6/10/12          Sunday    Butterfly & Bird Festival    Coyote Hills               EBRPD
June 10, 17 & 24    Sundays    Historic Hay Harvest         Ardenwood                  EBRPD
    6/16/12         Saturday   Return of the Terns          Crab Cove                  EBRPD
    6/17/12          Sunday    Mine Open House              Black Diamond Mines        EBRPD
                               Healthy Parks Healthy People
       6/23/12      Saturday   Festival                     Quarry Lakes               EBRPD




Updated 5/29/12                                                                                               1 of 1
                                                                                      EBRPD Board of Directors - Special Events Report




Date                                         Organization                               Event Name                                Expected Attendance

Tuesday, May 15, 2012
    Pleasanton Ridge Regional Park           Club Sport Pleasanton                      ClubSport Training Group                                  20
    Pleasanton Ridge Regional Park           Fremont Fire Dept.                         Fire Training at VARGAS PLATEAU                           10
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                               30

Wednesday, May 16, 2012
   Pleasanton Ridge Regional Park            Fremont Fire Dept.                         Fire Training at VARGAS PLATEAU                           10
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                               30

Thursday, May 17, 2012
    Pleasanton Ridge Regional Park           Fremont Fire Dept.                         Fire Training at VARGAS PLATEAU                           10
    Shadow Cliffs Regional Recreation Area   Portuguese Water Dog Club of N. Calif      Portugese Water Dog Club Water Training                   30
                                                                                        Workshop
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                               30

Friday, May 18, 2012
    Mission Peak Regional Preserve           REI Outdoor School                         REI Outdoor School Photo Class                            15
    Shadow Cliffs Regional Recreation Area   Portuguese Water Dog Club of N. Calif      Portugese Water Dog Club Water Training                   30
                                                                                        Workshop
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                               30

Saturday, May 19, 2012
    Alameda Creek Regional Trail             Club Sport Fremont                         Club Sport 2012 Training Program                          90
    Contra Costa Regional Trails             Contra Costa Kops for Kids                 Contra Costa Kops for Kids                               200
    East Shore State Park                    Leukemia & Lymphoma - Team in Training     Coached Training Run                                      80
    Pleasanton Ridge Regional Park           Club Sport Pleasanton                      ClubSport Training Group                                  20
    Quarry Lakes Regional Recreation Area    Club Sport Fremont                         Club Sport 2012 Training Program                          90
    Redwood Regional Park                    Sullivan, Olana                            Olana's Yoga Hikes                                        15
    Shadow Cliffs Regional Recreation Area   Portuguese Water Dog Club of N. Calif      Portugese Water Dog Club Water Training                   30
                                                                                        Workshop
    Wildcat Canyon/Alvarado Regional Park    Brazen Racing                              Wildcat Half Marathon/10K/5K                             350

Sunday, May 20, 2012
   Del Valle Regional Park                   Ohlone 50K ( Bay Area Ultra Runners )      Ohlone 50K Footrace                                      300

                                                                                                                                              Page: 1


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                                                                                      EBRPD Board of Directors - Special Events Report

Date                                         Organization                               Event Name                                   Expected Attendance

    Miller/Knox Regional Shoreline           Grizzly Peak Cyclists                      Grizzly Peak Cyclists Bike Skills Clinics                    30
    Quarry Lakes Regional Recreation Area    Oakland Diocese CYO                        CYO Sand Volleyball                                         200
    Shadow Cliffs Regional Recreation Area   Portuguese Water Dog Club of N. Calif      Portugese Water Dog Club Water Training                      30
                                                                                        Workshop
    Shadow Cliffs Regional Recreation Area   Pacific Masters Swimming                   Open Water Clinic 2012                                       70
    Sunol Regional Wilderness                Ohlone 50K ( Bay Area Ultra Runners )      Ohlone 50K Footrace                                         300
    Tilden Regional Park                     Lake Merritt Joggers and Striders          Tilden Tough Ten                                            350
    Wildcat Canyon/Alvarado Regional Park    Lake Merritt Joggers and Striders          Tilden Tough Ten                                            350

Monday, May 21, 2012
   Pleasanton Ridge Regional Park            Fremont Fire Dept.                         Fire Training at VARGAS PLATEAU                              10
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Tuesday, May 22, 2012
    Pleasanton Ridge Regional Park           Club Sport Pleasanton                      ClubSport Training Group                                     20
    Pleasanton Ridge Regional Park           Fremont Fire Dept.                         Fire Training at VARGAS PLATEAU                              10
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Wednesday, May 23, 2012
   Pleasanton Ridge Regional Park            Fremont Fire Dept.                         Fire Training at VARGAS PLATEAU                              10
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Thursday, May 24, 2012
    Anthony Chabot Regional Park             Wilderness Torah                           Wilderness Torah's Shavout on the Mountain                  150
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Friday, May 25, 2012
    Anthony Chabot Regional Park             Wilderness Torah                           Wilderness Torah's Shavout on the Mountain                  150
    Kennedy Grove Regional Recreation Area   Marin Waldorf School                       Wladorf Pentathalon                                           1
    Mission Peak Regional Preserve           REI Outdoor School                         REI Outdoor School Photo Class                               15
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Saturday, May 26, 2012
    Alameda Creek Regional Trail             Club Sport Fremont                         Club Sport 2012 Training Program                             90
    Anthony Chabot Regional Park             Wilderness Torah                           Wilderness Torah's Shavout on the Mountain                  150
    Castle Rock Regional Recreation Area     Leukemia & Lymphoma - Team in Training     Hike Training                                                50
    East Shore State Park                    REI Outdoor School                         May Outdoor School Classes (Various)                         12
    Pleasanton Ridge Regional Park           Club Sport Pleasanton                      ClubSport Training Group                                     20
                                                                                                                                                 Page: 2


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                                                                                       EBRPD Board of Directors - Special Events Report

Date                                         Organization                                Event Name                                   Expected Attendance

    Shadow Cliffs Regional Recreation Area   Club Sport Fremont                          Club Sport 2012 Training Program                             90

Sunday, May 27, 2012
   Anthony Chabot Regional Park              Wilderness Torah                            Wilderness Torah's Shavout on the Mountain                  150
    East Shore State Park                    REI Outdoor School                          May Outdoor School Classes (Various)                         12
    Martin Luther King Jr. Reg. Shoreline    East Bay Dragons                            East Bay Dragons Annual Picnic                             1000

Monday, May 28, 2012
   Anthony Chabot Regional Park              Wilderness Torah                            Wilderness Torah's Shavout on the Mountain                  150
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                  30

Tuesday, May 29, 2012
    Pleasanton Ridge Regional Park           Club Sport Pleasanton                       ClubSport Training Group                                     20
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                  30

Wednesday, May 30, 2012
   Temescal Regional Recreation Area         Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                  30

Thursday, May 31, 2012
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                  30

Friday, June 1, 2012
    Mission Peak Regional Preserve           REI Outdoor School                          REI Outdoor School Photo Class                               15
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                  30

Saturday, June 2, 2012
    Alameda Creek Regional Trail             Model Mariners                              Model Mariners Special Events                                30
    Contra Costa Regional Trails             Leukemia & Lymphoma - Team in Training      Team in Training                                             65
    Coyote Hills Regional Park               REI Outdoor School                          REI Class                                                    12
    East Shore State Park                    Leukemia & Lymphoma - Team in Training      Marathon Training Run                                        80
    Pleasanton Ridge Regional Park           Club Sport Pleasanton                       ClubSport Training Group                                     20
    Point Pinole Regional Shoreline          Brazen Racing                               Nitro Trail Half Marathon/10K/5K                            400
    Quarry Lakes Regional Recreation Area    Leukemia and Lymphoma Society (Sil Val)     Training Swim                                                60

Sunday, June 3, 2012
   Alameda Creek Regional Trail              Model Mariners                              Model Mariners Special Events                                30
    Crown Beach Regional Shoreline           See Jane Run Sports                         See Jane Run Half Marathon @ Crown Beach 2012              3300
    East Shore State Park                    East Bay Bicycle Coalition                  Bike Clinic                                                  40
    Lake Chabot Regional Park                Castro Valley Track Club                    Lake Chabot Trail Challenge 1/2 Marathon and 5K             350
                                                                                                                                                  Page: 3


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                                                                                  EBRPD Board of Directors - Special Events Report

Date                                    Organization                                Event Name                            Expected Attendance

    Redwood Regional Park               Coastal Trail Runs                          Coastal Trail Runs                                   250

Monday, June 4, 2012
   Temescal Regional Recreation Area    Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                           30

Tuesday, June 5, 2012
    Pleasanton Ridge Regional Park      Club Sport Pleasanton                       ClubSport Training Group                              20
    Pleasanton Ridge Regional Park      Fremont Fire Dept.                          Fire Training at VARGAS PLATEAU                       10
    Temescal Regional Recreation Area   Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                           30

Wednesday, June 6, 2012
   Pleasanton Ridge Regional Park       Fremont Fire Dept.                          Fire Training at VARGAS PLATEAU                       10
    Temescal Regional Recreation Area   Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                           30

Thursday, June 7, 2012
    Pleasanton Ridge Regional Park      Fremont Fire Dept.                          Fire Training at VARGAS PLATEAU                       10
    Temescal Regional Recreation Area   Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                           30

Friday, June 8, 2012
    Crown Beach Regional Shoreline      Rotary Club of Alameda                      Concerts at the Cove                                1000
    Mission Peak Regional Preserve      REI Outdoor School                          REI Outdoor School Photo Class                        15
    Temescal Regional Recreation Area   Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                           30

Saturday, June 9, 2012
    Crown Beach Regional Shoreline      Alameda Recreation and Park Department      Sandcastle Contest
    Del Valle Regional Park             Tri - Valley Masters                        TVM Del Valle Open Water Festival                    650
    East Shore State Park               REI Outdoor School                          REI Class                                             12
    Pleasanton Ridge Regional Park      Club Sport Pleasanton                       ClubSport Training Group                              20
    Tilden Regional Park                YMCA                                        YMCA TriClub                                          30

Sunday, June 10, 2012
   East Shore State Park                REI Outdoor School                          REI Class                                             12
    Martinez Regional Shoreline         Special Olympics of Northern California     Bike the Bridges - Special Olympics                  500
    Pleasanton Ridge Regional Park      REI Outdoor School                          REI Class                                             12
    Sunol Regional Wilderness           REI Outdoor School                          REI Class                                             12

Monday, June 11, 2012
   Temescal Regional Recreation Area    Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                           30

Tuesday, June 12, 2012
                                                                                                                                      Page: 4


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                                                                                       EBRPD Board of Directors - Special Events Report

Date                                         Organization                                Event Name                                     Expected Attendance

    Pleasanton Ridge Regional Park           Club Sport Pleasanton                       ClubSport Training Group                                       20
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                    30

Wednesday, June 13, 2012
   Temescal Regional Recreation Area         Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                    30

Thursday, June 14, 2012
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                    30

Friday, June 15, 2012
    Mission Peak Regional Preserve           REI Outdoor School                          REI Outdoor School Photo Class                                 15
    Round Valley Regional Preserve           North American Trail Ride Conference        NATRAC Equestrian Ride                                          1
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                    30

Saturday, June 16, 2012
    Contra Costa Regional Trails             Leukemia & Lymphoma - Team in Training      Team in Training                                               65
    Contra Costa Regional Trails             Bay Area Open Space Council                 Pleasant Hill BART to Mount Diablo Bike Ride                   42
    Hayward Regional Shoreline               Hayward Area Recreation & Park District     Father's Day Family Campout                                    35
    Oyster Bay Regional Shoreline            Leukemia & Lymphoma - Team in Training      Training                                                       75
    Quarry Lakes Regional Recreation Area    Pregnancy Choices Clinic                    Pregnancy Choices Clinic
    Quarry Lakes Regional Recreation Area    Fremont Fire Dept.                          Fire Training                                                   1
    Redwood Regional Park                    Leukemia & Lymphoma - Team in Training      Trainings at Redwood Park (Canyon & Trudeau)                   30
    Round Valley Regional Preserve           North American Trail Ride Conference        NATRAC Equestrian Ride                                          1
    Shadow Cliffs Regional Recreation Area   On Your Mark Events                         Tri For Fun Series                                           1000

Sunday, June 17, 2012
   Alameda Creek Regional Trail              REI Outdoor School                          REI Class                                                      12
    Briones Regional Park                    Briones Archery Club                        Bear Creek Unmarked - Archery Special Event
    Hayward Regional Shoreline               Hayward Area Recreation & Park District     Father's Day Family Campout                                    35
    Quarry Lakes Regional Recreation Area    Fremont Fire Dept.                          Fire Training                                                   1
    Redwood Regional Park                    Lake Merritt Joggers and Striders           Woodminster Cross Country Run                                   1
    Roberts Regional Recreation Area         Lake Merritt Joggers and Striders           Woodminster Cross Country Run                                   1
    Round Valley Regional Preserve           North American Trail Ride Conference        NATRAC Equestrian Ride                                          1

Monday, June 18, 2012
   Temescal Regional Recreation Area         Oakland Adventure Boot Camp                 Oakland Adventure Boot Camp                                    30

Tuesday, June 19, 2012

                                                                                                                                                    Page: 5


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                                                                                      EBRPD Board of Directors - Special Events Report

Date                                         Organization                               Event Name                                  Expected Attendance

    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Wednesday, June 20, 2012
   Temescal Regional Recreation Area         Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Thursday, June 21, 2012
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Friday, June 22, 2012
    Mission Peak Regional Preserve           REI Outdoor School                         REI Outdoor School Photo Class                              15
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Saturday, June 23, 2012
    Contra Costa Regional Trails             Leukemia & Lymphoma - Team in Training     Team in Training                                            65
    Contra Costa Regional Trails             Leukemia & Lymphoma - Team in Training     Team in Training                                            65
    East Shore State Park                    REI Outdoor School                         REI Class                                                   12
    Martin Luther King Jr. Reg. Shoreline    HBCU Coaliton                              5K Walk                                                    200
    Quarry Lakes Regional Recreation Area    EBRPD - Public Affairs                     Healthy Parks Healthy People Festival                     1000
    Redwood Regional Park                    Sullivan, Olana                            Olana's Yoga Hikes                                          15
    Sunol Regional Wilderness                Alameda Co. Sheriff's Office               Overnight at Camp Ohlone for new recruits                   25
    Temescal Regional Recreation Area        YMCA                                       YMCA TriClub                                                30

Sunday, June 24, 2012
   Castle Rock Regional Recreation Area      Contra Costa Humane Society                Trail Hike for Dogs and Families                           100
    Shadow Cliffs Regional Recreation Area   Hope for Crohn's                           Hope for Crohn's Blue Wave Triathalon                      800
    Sunol Regional Wilderness                REI Outdoor School                         REI Class                                                   12
    Sunol Regional Wilderness                Alameda Co. Sheriff's Office               Overnight at Camp Ohlone for new recruits                   25

Monday, June 25, 2012
   Temescal Regional Recreation Area         Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Tuesday, June 26, 2012
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Wednesday, June 27, 2012
   Temescal Regional Recreation Area         Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30

Thursday, June 28, 2012
    Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                 30


                                                                                                                                                Page: 6


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                                                                                     EBRPD Board of Directors - Special Events Report

Date                                        Organization                               Event Name                                   Expected Attendance

Friday, June 29, 2012
    Mission Peak Regional Preserve          REI Outdoor School                         REI Outdoor School Photo Class                               15
    Temescal Regional Recreation Area       Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30
    Tilden Regional Park                    REI Outdoor School                         REI Class                                                    12

Saturday, June 30, 2012
    Briones Regional Park                   Leukemia & Lymphoma - Team in Training     Training                                                     30
    Contra Loma Regional Park               Recreation Connection, Inc.                5/10 k Run                                                  200
    Martin Luther King Jr. Reg. Shoreline   Grove, Eric                                Grooves in the Park                                         150

Monday, July 2, 2012
   Temescal Regional Recreation Area        Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Tuesday, July 3, 2012
    Temescal Regional Recreation Area       Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Wednesday, July 4, 2012
   Ardenwood Historic Farm                  Bletz, Ira                                 4th of July Celebration                                     100
    Martinez Regional Shoreline             City of Martinez                           4th of July Fireworks                                      4000
    Temescal Regional Recreation Area       Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Thursday, July 5, 2012
    Temescal Regional Recreation Area       Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Friday, July 6, 2012
    Mission Peak Regional Preserve          REI Outdoor School                         REI Outdoor School Photo Class                               15
    Temescal Regional Recreation Area       Oakland Adventure Boot Camp                Oakland Adventure Boot Camp                                  30

Saturday, July 7, 2012
    Martin Luther King Jr. Reg. Shoreline   Leukemia & Lymphoma - Team in Training     Coached Training                                            100
    Point Pinole Regional Shoreline         Brazen Racing                              Point Pinole Dirty Dozen 6 and 12 HR races                  250
    Quarry Lakes Regional Recreation Area   Hui Wa'a Outrigger                         Outrigger Canoe Regatta                                     600
    Tilden Regional Park                    YMCA                                       YMCA TriClub                                                 30

Sunday, July 8, 2012
   Lake Chabot Regional Park                Eden Medical Center                        Run to the Lake                                            1000
    Martin Luther King Jr. Reg. Shoreline   St. Benedict Catholic Church               Annual Parish Picnic                                        150
    Quarry Lakes Regional Recreation Area   Hui Wa'a Outrigger                         Outrigger Canoe Regatta                                     600


                                                                                                                                                Page: 7


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                                                                                               EBRPD Board of Directors - Special Events Report

Date                                              Organization                                     Event Name                                 Expected Attendance

Monday, July 9, 2012
   Ardenwood Historic Farm                        Bletz, Ira                                       Park'n It Day Camp                                         50
    Temescal Regional Recreation Area             Oakland Adventure Boot Camp                      Oakland Adventure Boot Camp                                30

Tuesday, July 10, 2012
    Ardenwood Historic Farm                       Bletz, Ira                                       Park'n It Day Camp                                         50
    Temescal Regional Recreation Area             Oakland Adventure Boot Camp                      Oakland Adventure Boot Camp                                30

Wednesday, July 11, 2012
   Ardenwood Historic Farm                        Bletz, Ira                                       Park'n It Day Camp                                         50
    Temescal Regional Recreation Area             Oakland Adventure Boot Camp                      Oakland Adventure Boot Camp                                30

Thursday, July 12, 2012
    Ardenwood Historic Farm                       Bletz, Ira                                       Park'n It Day Camp                                         50
    Temescal Regional Recreation Area             Oakland Adventure Boot Camp                      Oakland Adventure Boot Camp                                30

Friday, July 13, 2012
    Ardenwood Historic Farm                       Bletz, Ira                                       Park'n It Day Camp                                         50
    Crown Beach Regional Shoreline                Rotary Club of Alameda                           Concerts at the Cove                                     1000
    Mission Peak Regional Preserve                REI Outdoor School                               REI Outdoor School Photo Class                             15
    Temescal Regional Recreation Area             Oakland Adventure Boot Camp                      Oakland Adventure Boot Camp                                30

Saturday, July 14, 2012
    Contra Costa Regional Trails                  Leukemia & Lymphoma - Team in Training           Team in Training                                           65



                25,307 = Total expected attendance starting with the first event on        05/15/2012    and ending with the last event on   07/14/2012



               117,558 = Total expected attendance starting with the first event on        12/31/2011   and ending with the last event on 07/14/2012




                                                                                                                                             Page: 8
BOARD COMMITTEE
REPORTS
                                                  BOARD OPERATIONS COMMITTEE

                                                 Wednesday, April 25, 2012 – 12:45 p.m.
                                                     Peralta Oaks – Board Room

The following agenda items are listed for Committee consideration. In accordance with the Board Operating
Guidelines, no official action of the Board will be taken at this meeting; rather, the Committee’s purpose shall be to
review the listed items and to consider developing recommendations to the Board of Directors.
                                                                AGENDA

Status         Time           Item                                                                                           Staff

(I)            12:45          1.        Short Loops Trails Update                                                            (Santos)

(I)            1:15           2.        Parks Express Program Update                                                         (Kassebaum)

(R)            1:45           3.        Review JoBetty, LLC Agreement Provisions:
                                        Point Isabel, Tilden Lake Anza, Contra Loma                                          (Waluch)

               2:00           4.        Public Comments

               2:10           5.        Staff Comments

               2:15           6.        Adjourn




      Status                            Board Operations Committee Members                                                  Next Meeting

      (R) Recommendation                Doug Siden, (Chair); Ayn Wieskamp; Carol Severin;                                   May 17, 2012
      (I) Information                   Beverly Lane (Alternate); Jim O’Connor (Staff Coordinator)
      (D) Discussion

               Distribution/Agenda Only                                                      Distribution/Full Packet
Board of Directors                   Erich Pfuehler                     Clerk of the Board
Mike Anderson                        Ted Radosevich                     Board Committee                                 Cliff Rocha/Mark Pearson/2428
Chief Tim Anderson                   Cinde Rubaloff                     Bob Doyle                                       Sharon Corkin/Dee Rosario/2428
Dave Collins                         Afton Crooks                       Jim O’Connor                                    Dave Kalahele/R. Spencer/2428
Nancy Wenninger                      Robert Herrick                     Don Goodenow                                    Tyrone Davis/Police Association
Carol Johnson                        Michael Kelley                     Anne Scheer                                     Glenn Kirby/PAC
Neal Fujita                          Peter Rauch                        Rick Parmer                                     Judi Bank/PAC
Dave Dubowy                          Andy Schanks                       Mimi Waluch                                     Jerry Kent
Lance Brede                          Norman LaForce                     Davio Santos
Lt. Jon King                         Ops Mgrs/Sups/Admin                Anne Kassebaum
                                       AGENDA
                                   REGULAR MEETING
                                  BOARD OF DIRECTORS

                            EAST BAY REGIONAL PARK DISTRICT

                                  Wednesday, June 6, 2012

 C.       BUSINESS BEFORE THE BOARD

          6.     BOARD COMMITTEE REPORTS

                 a.     Operations (04/25/12)                                    (Siden)

Present

Board:    Directors Doug Siden (Chair), Carol Severin, Ayn Wieskamp

Staff:    Jim O’Connor, Anne Scheer, Rick Parmer, Mimi Waluch, Jeff Wilson, Nancy
          Kaiser, Anne Kassebaum, Davio Santos, Lane Powell, Mike Nolan, Hilary Van
          Austen,
          Sara Fetterly, Scott Possin, Elaine Deshaies, Leigh Padmore

Guest:    Judi Bank (PAC)

1.        Short Loops Trails Update

Trails Unit Manager Davio Santos recalled how the concept of short loop trails was
inspired by Director Carol Severin’s suggestion that staff consider creating a series of short
walks suitable for people with limited time, seniors, persons in wheelchairs, parents with
small children, children in strollers, or for anyone not ready for the more demanding trails
of wilderness parklands. Having been assigned by (then) Chief of Park Operations, Jeff
Wilson to launch the project, Mr. Santos contacted Public Affairs Publications Coordinator
Lane Powell, who was instrumental in developing two brochures mapping short trail hikes
that would not only serve existing hikers but could also attract a new user base. In addition
to English, the brochures will initially be printed in four languages – Spanish, Chinese,
Vietnamese, and Korean. Mr. Santos also contacted Trails Development Program Manager
Jim Townsend who provided background on the project and assigned a recently hired UC
Davis student intern to walk every one of the trails mapping data points using a
sophisticated GPS system.

In considering how people in the future might access this type of information, staff worked
with Website Designer Mike Nolan who incorporated into the brochures a QR (quick
response) code that enables anyone with a smartphone to snap a picture of the brochure’s
two-dimensional matrix barcode that consists of black modules arranged in a square
pattern on a white background. Mr. Nolan demonstrated how the encoded brochure
guides the smartphone user to EBRPD’s website which links the user to the many virtual
short loop walks available throughout the District. The concept of developing short loop
trails is in keeping with General Manager Bob Doyle’s promotion of Healthy Parks Healthy
People, and staff is confident that the brochures, incorporating the latest technology, will
prove to be a valuable tool in reaching out to all park users, particularly children and young
adults.

Committee members commended Trails Unit Manager Santos for a fascinating presentation
and expressed their appreciation to Publications Coordinator Lane Powell, Website
Designer Mike Nolan and Graphics Designer Hilary Van Austen of the Public Affairs
Department for their excellent work in developing the short loop trail brochures.

2.       Parks Express Program Update

Recreation Services Manager Anne Kassebaum announced that the Board recently
approved a reorganization of the Community Services/Volunteer/Parks Express work
groups. As of May 1, Kevin Fox, recently appointed Recreation Services Supervisor, will
oversee this group which will shortly be moving their services to the Redwood Park Office.
Ms. Kassebaum asked Parks Express Program Administrative Aide, Elaine Deshaies, to
introduce herself to the Committee.
Ms. Deshaies recalled that she began her service with the District in 1996 as a part-time
Office Services temporary employee, working in Reservations, Recreation, and Rental
Facilities, advancing in 2004 to her current position as a full-time Administrative Aide for
the Parks Express Program.

Parks Express is a low-cost transportation program for schools and groups serving children
from low-income families, seniors, and people with disabilities in Alameda and Contra
Costa Counties. Parks Express began as the 1982 Summer Bus Program when the Board
approved $21,000 to charter AC Transit and Tri Delta Transit to provide transportation
for these groups to four District parks. In 1986, the Board approved a resolution allocating
$40,000 in annual funds for the Parks Express Bus Program. Now named Parks Express and
having expanded to a year-round operation, the program has served more than 80,000
passengers over the past five years with an annual budget of $118,000. The program uses
three large bus companies that meet the District’s high insurance requirements.
Additionally, the District contracts with smaller specialty providers for senior groups to
ride on a coach bus, lift vans, and busses for passengers in wheelchairs. The busses
generally cost $500-$600; however, the District charges its users $110 per bus.

Most groups use the program to transport passengers to a pre-scheduled destination
activity such as a visitor center, swim facility, recreation or naturalist program. Prime users
of the program are children from local elementary schools where 50% of the students are
eligible for the State of California Department of Education’s free/reduced lunch program.
Special Events administered by the Parks Express program each year include four Special Kids
Fishing Derbies, Fishin’ N Fun Day for seniors and adults with disabilities, the Alameda Nursing
Homes annual picnic, and Cajun/Zydeco Festival. In addition to parents and teachers,
volunteers include employee groups, District employees, and members of the Lions, Rotary
and Kiwanis Clubs.
With more schools qualifying as “low income,” staff would like to serve more people;
however, with fuel surcharges and rising bus charter fees, the program budget is shrinking.
Staff is currently exploring additional funding sources including pursuing grant applications
through the District’s Grants Department. Ms. Kassebaum reported that at a recent
meeting with Public Affairs, it was agreed that in addition to funding outdoor recreation and
lifeguard services, the Regional Parks Foundation would transfer any funds remaining at the
end of the year to the Parks Express program.

Committee members commended Ms. Deshaies and staff for their efforts in administering
the program, and Director Ayn Wieskamp commented that Parks Express is a “feel good”
story that should be widely told in the hope that it might encourage others to develop
similar programs.

3.        Review JoBetty, LLC Agreement Provisions: Point Isabel, Tilden Lake
          Anza, Contra Loma

Revenue & Administration Manager Mimi Waluch reported that the District has four
contracts with JoBetty, LLC: Mudpuppies Tub and Scrub and Sit and Stay Café at Point Isabel
Regional Shoreline, and food service agreements at Lake Anza Beach Club at Tilden and
Contra Loma Beach Club at Contra Loma. JoBetty, LLC is seeking to renegotiate the
concession and maintenance fund fee provisions for these four concessions. Ms. Waluch is
requesting that the Committee consider staff’s request to restructure concession and
maintenance fund fees with JoBetty LLC.

Ms. Waluch briefed the Committee on the background and history of this concessionaire’s
relationship with the District, noting that this concessionaire’s fees were initially based on a
tiered structure requiring that once gross sales reached $500,000, fees would rise to 15%.
Ten years later, sales have reached the highest tier which triggers a rise in fees to a
maximum 15%. This concessionaire is currently struggling with rising transportation and
fuel costs affecting inventory, supplies and services at all four businesses, and at this time is
asking for some relief on the 15% fee. In an effort not to pass this cost on to park users and
to maintain reasonably priced quality food and services, a restructuring of the existing
concessionaire franchise fees is being requested. At three of the four sites, there is no
provision for a maintenance fund which needs to be established; therefore, staff
recommends restructuring of concession and maintenance fund fees with JoBetty, LLC, as
indicated below:

     Location        Venue                          Concession Fee                Maintenance Fee
     Point Isabel    Mudpuppies Dog Wash            Range 8% - 15% to 5%          Establish 0% to 5%
     Point Isabel    Sit and Stay Café              Decrease 9% to 5%             Establish 0% to 2%
     Tilden          Lake Anza Beach Club           Decrease 5% to 2%             Establish 0% to 2%
     Contra Loma     Contra Loma Beach Club         No Change 2%                  Increase 1% to 2%

Ms. Waluch stated that the fees recommended are consistent with comparable facilities at
State, County, and other local agency concessions, and noted that the trend leans toward
agencies lowering fees to encourage concessionaires to promote more business. Staff
commented that this concessionaire has an excellent reputation and provides a very
popular service to the public, particularly at Pt. Isabel. The Committee agreed that this is
the type of quality vendor that the District wants to attract, and expressed their support
for JoBetty, LLC’s request for restructuring of their contract.

Assistant General Manager Jim O’Connor and Director Doug Siden commended Ms.
Waluch for her innovative efforts in pushing for maintenance funds to be established in all
new concession agreements. Director Severin moved, that the Committee recommend to
the full Board the restructuring of concession and maintenance fund fees with JoBetty, LLC,
as recommended by staff. Director Wieskamp seconded the motion, which passed
unanimously (3-0).

4.       Public Comments

Judi Bank of the Park Advisory Committee described two recent accidents involving horses
being “spooked” by dogs off leash, and notified staff that she would like to be involved in
future discussions regarding dogs on single track trails. AGM O’Connor responded that
staff is currently compiling a list recommending trailheads where the 200 ft. leash rule
should be implemented.

Director Severin asked about the possibility of developing another trail dedicated solely for
horses near the two equestrian facilities at Serpentine Prairie. Park Operations Chief Anne
Scheer responded that the District’s Trails Checklist process could allow a change in use of
an existing trail. Ms. Scheer cautioned, however, that the process for developing an entirely
new trail can be extremely arduous and involve many different state agencies, particularly at
this prime Alameda whipsnake habitat.

Noting that Human Resources is currently interviewing for summer gate attendants,
Director Siden emphasized the importance of hiring “friendly people.” Ms. Waluch
responded that each year, the District conducts Front Line Training for gate attendants, and
this year’s training will focus particular attention on customer service; employees will be
reminded that they represent the face of the District to the visiting public.

Director Siden asked about the status of the District’s long-standing partnership with the
Bay Area Storytelling Festival which he considers an important cultural tradition.
Interpretive Services Manager Nancy Kaiser explained that the District has been in
discussions with this group for the past couple of years to ensure that the festival is
beneficial for both partners. In an effort to improve fundraising, the group is taking a break
this year to explore developing additional partnerships and performing in more venues
throughout the Bay Area, rather than focusing on one big festival each year.

5.       Staff Comments

AGM O’Connor provided the Committee with an update on the Shadow Cliffs waterslide,
reporting that Design Manager Audrey Som expects to have an estimate on the cost of
evaluating the waterslide’s current condition by the end of the week. Upon receipt of this
estimate, staff will identify a funding source and then proceed to the next step in the
process.
6.      Adjournment

The meeting adjourned at 2:30 p.m. The next Board Operations Committee meeting is
scheduled for 12:45 p.m. on Thursday, May 17, 2012, in the Board Room, Peralta Oaks.
Respectfully submitted,

________________
Leigh Padmore
Executive Secretary
Operations Division
NEWSCLIPS
                                                                                          1


National parks brace for cuts but not closures
Claire Veyriras, California News Service

Tuesday, May 29, 2012




Michael Macor / The Chronicle
Bridalveil Fall in Yosemite attracts tourists, who might notice program trims but won't
see any national parks closed.

Washington --
Visitors to California's national parks may notice more trash on the trails,
longer lines at service booths and fewer rangers this summer as the pinch
of the federal government's budget problems grows increasingly difficult to
overlook. Unlike the state's park system, which is scheduled to close 54
parks for lack of money this summer, the vast resources of the U.S. Park
Service will prevent Yosemite or any of the state's national parks from
shutting their gates for now.

Still, park enthusiasts warn that Washington's budget squeeze - after
consecutive years of cuts - will be felt from Redwood's old growth forests
to Death Valley's barren dunes. "The cuts will significantly decrease the
quality of the experience visitors have in the national parks," said Ron
Sundergill, Pacific Region director of the National Parks Conservation
Association, an advocate for the parks in Washington.

President Obama's proposed 2013 spending plan calls for no increase to
National Park Service's $2.75 billion annual budget, which it uses to oversee
its 397 parks, 582 natural landmarks and 2,461 historic landmarks.
To meet growing demand and prior obligations, some programs will need
to be cut. For instance, the newest budget strips $3 million from the funds
that pay for visitor centers, information booth, cleaning and safety.
"National parks already faced cuts during the last two years and are already
underfunded so any additional cut makes the challenges even greater," said
                                                                                2


John Garder, the National Park Conservation Association's budget and
appropriations legislative representative. "The impact on people's vacations
will be substantial."

Obama's proposal is regarded as a best-case scenario. Most expect the park
service to face much deeper cuts under the budget put forward by
Republicans. Park rangers have tried to confine the most noticeable cuts to
the offseason and say that in many respects the wilderness experience will
remain the same.

'Seasonal jobs'
"Visitors shouldn't notice the cuts too much because it will be touching
seasonal jobs mainly," said former Yosemite Superintendent Mike Tollefson.
But a National Park Service report speculates on what awaits the 220
million annual visitors to California's National Parks. Fewer seasonal
rangers, fewer campgrounds and shorter hours at visitor centers are likely,
according to the report. Longer lines at information booths, maintenance
delays on trails, and traffic backups are expected.

"Visitors who enjoyed talking to the rangers might not be able anymore to
enjoy this part of the visit at California National Parks" because rangers will
take on additional tasks, according to the National Park Service's 2013
Green Report, an annual description of park spending.

Some consequences will be noticeable only in case of emergencies,
especially in remote places such as Death Valley or Mojave National
Preserve. Others represent losses over time, such as the preservation of
endangered species or archaeological discoveries that may lack resources
for proper storage.

The use of federal land to harvest illegal drugs is expected to increase as a
result of the lack of rangers.

For better known parks such as Yosemite, private money might help
compensate for the cuts. Some parks are trying to develop partnerships
with organizations and hope to save money by conducting trainings on the
Internet rather than sending staff off site.
                                                                                         3


The big parks, such as Yosemite, also raise a large portion of their money
through visitation fees, most of which stay within the park.

No drastic changes
"Because 80 percent of the fees of Yosemite stay within the park, most of
the park's revenue should not drastically change," Sundergill said. Not
everyone believes that the cuts are as serious as park supporters claim and
insist that the nation cannot afford to continue spending so much on parks
during tough economic times.

"Even with ... cuts they will still have more money than they had 10 years
ago and 20 years ago and yet, we had the parks open back then," said Dan
Mitchell, senior fellow at the Cato Institute, a Washington think tank.
Areas closest to the parks benefit economically from the millions of visitors
who spend money at hotels, restaurants and boutiques. In 2011, visitors to
California's national parks spent $1.3 billion, which supported 17,844 jobs,
according to the Park Service.

If Congress does not agree to a debt-reduction package by the end of the
year, discretionary spending programs will be subject to an additional 9
percent cut, and some people fear the Park Service could be subjected to a
cut twice that large.

"In many different ways funding our national parks for the next two years is
going to be very challenging," Garder said.

Claire Veyriras is a reporter for California News Service, a journalism project of the
University of California Washington Center and the UC Berkeley School of Journalism.
                                                                                                     1


Port Costa brick works to become park land
By Denis Cuff
Contra Costa Times
Posted: 05/26/2012 12:00:00 AM PDT




Brick Works Site to be Added to Park District
Carquinez Regional Shoreline Park Supervisor Bill Nichols walks on bricks that cover the
shoreline at the 148-acre site that used to be the Port Costa Brick Works in Port Costa, Calif. on
Wednesday, May 23, 2012. The East Bay Regional Park District is working to acquire the
property. (Kristopher Skinner/Staff)

PORT COSTA -- An old brick plant that churned out the building blocks of
California growth for nearly a century is being sold to expand a park and
increase access to the Carquinez Strait shoreline.

The East Bay Regional Park District has struck a deal to pay $4.1 million to
buy 149 acres of the former Port Costa Brick Co. between and Crockett
and Martinez.
Park officials said the purchase to expand the 1,415-acre Carquinez Strait
Regional Shoreline is another milestone in the greening of the shoreline
along the tidal strait between San Francisco Bay and the Delta. Several old
waterfront industries and ranches have been bought for parks and open
space in the last two decades. Between 1905 and 1991, the plant in what
was called "brickyard canyon" produced hundreds of millions of bricks for
many buildings, including John Swett High School in Crockett and the UC
Berkeley life sciences building.
                                                                               2


Little is left of the operation.
"This is an important addition to public access to the shoreline," said Ted
Radke, a park district board member from Martinez. "Much of the strait is
lined with steep bluffs or marshes, but this property has some flat dry land
along the shoreline." The property is suitable for a major new entrance to
the shoreline park, and use by hikers, bicyclists, equestrians, kayakers,
fishermen and perhaps even overnight campers, park planners say.

The purchase can help plug a gap in a shoreline loop trail connecting the
Benicia/Martinez and Carquinez bridges and to provide a shoreline camping
spot for kayakers paddling around the bay, park district managers said.

Clayton Bailey, a Port Costa sculptor, said he was delighted to hear the
two-county park agency is preserving the old brickworks site. "The area is a
natural gem," he said. "It has a creek flowing through it and a lake, where a
mountain lion recently was spotted feeding on a deer." Radke said he had
wanted to make the area a park after brickmaking ceased in 1991. But the
property was used to make aggregate for high-rise construction until 2005,
and then the owners marketed the land as industrial property.

"I had just about given up hope," Radke said. The park district and the
property owner, TXI-Pacific Custom Materials Inc., recently came to terms
on a two-part sales deal.
The first phase was approved May 15, when the park board approved
spending $2.14 million to buy 97.4 acres of the land on the upland side of
the Union Pacific Railroad tracks.

The other 51.4 acres -- which includes 10 acres north of the shoreline
tracks -- will be bought for about $2 million by Dec. 1, according to a
report from the park district's land
                                                                              3




acquisition branch.

Before the land is opened to the public, there will be an environmental
study and public meetings on recreation alternatives. The district also will
consider whether extra safety measures are needed to protect visitors who
will walk across Union Pacific Railroad tracks to get to the shoreline, said
Nancy Wenninger, a park district assistant general manager for land
acquisition. "There are crossing lights at the tracks there now," Wenninger
said, "but we want to make sure park users can safely get to the shoreline."
Once it controls the property, the district plans to install and close a gate
across Carquinez Scenic Drive at night to deter trespassers who enter the
property and set wildfires, drink alcohol and commit vandalism, she said.
Park officials also will look at options for ways to show and tell the public
about the brickmaking history of the property.

At one time, up to 100 men worked at the plant, using 1,800-degree kilns
to produce bricks that professional bricklayers liked to use because of their
high quality. It has been reported that during the Great Depression in the
1930s, hobos would sleep near the kilns to stay warm at night.

Only a skeleton of the frame and partial roof of the main building remains.
Contact Denis Cuff at 925-943-8267
                                                                                  1


Off-Road Vehicles At Nature Site? Controversial Plan Under
Review

Posted: Friday, May 25, 2012, The Independent

A meeting Monday evening kicked off a public review process that will
determine whether the hilly, 3,000-acre nature site east of Livermore called
Tesla can become an off-road vehicle park.

The meeting was held at Livermore’s Doubletree Inn by the State
Department of Parks. The department’s Off Highway Motor Vehicle
Recreation Division operates the 1,400-acre Carnegie off-road park next
door to the Tesla site.

Both Carnegie and Tesla are owned by the Off Highway Division, whose
general plan calls for expansion of Carnegie’s off road vehicle activities into
Tesla. State law requires public review and input because carrying out the
plan would mean substantial changes to an area that is now used for cattle
grazing, but is otherwise undeveloped. There is $20 million earmarked for
the project.

An estimated 120 attended, with strong feelings both for and against the
off-road expansion. Joe Ramos, Sector Superintendent of the Off Highway
Division, said he hopes “people will consider how” the expansion can be
carried out, “not just for or against it.”

Off-road proponents cited the cost and difficulty of finding suitable sites for
their sport. They noted the family value of parents bonding with children in
recreation.

Gregg DeHaan, who came to the meeting from Alameda, said that he has a
son and daughter who are learning from the off-road experience just as he
learned motorcycle riding from his father. “It teaches courage, not giving
up. It teaches you so much.” He said the availability of a state facility makes
the sport affordable. For $5, one vehicle can drive all day, something like
buying an all-day ticket giving access to all the slopes at a ski resort. By
contrast, going to commercial off-road establishments can cost $25 for
using a single track, which is like access to a single slope for the day.
                                                                                 2


Opposing the proposed expansion, a citizens’ organization called Friends of
Tesla Park points to the visibly rutted landscape of Carnegie to support
fears of extensive damage to Tesla. They point out that Tesla is rich in
history and has rare and endangered plants and animals as well as Native
American artifacts. Livermore’s Bob Baltzer came to the meeting with a
written statement summarizing 50 years of experience in the area, starting
before motorcycles began using what is now Carnegie for hill climbing.

In the 1960s, he wrote, he saw “the progression of dirt bike trails which left
terrible raw dirt scars on the land.” By 1990, he was “just sickened” by the
destruction that had followed formation of the state off-road vehicle park.

A decade ago, driving past Carnegie on Corral Hollow Road, he noted
“bare dirt with vertical ruts everywhere.” Over this past weekend, he saw
that “the vegetation is starting to come back, but it will never hide the ruts
and scars. . . .The trails that are now in use show up as ugly scars on
Google Maps.

“The idea that the state wants to extend this abomination into the Tesla
area is . . . repulsive.”

Monday’s meeting was not a public hearing but a public explanation that the
Off Highway Motor Vehicle Recreation Division is revising its 30-year-old
general plan. In fact some members of the audience complained that that
there were no plans for a public hearing and asked for more specific
information than was available.

Joe Ramos, the Division Sector Superintendent, invited interested members
of the public to submit written comments, which will be incorporated into
a website, carnegiegeneralplan.com.

A member of the audience then said that he had visited that website. There
was no detailed information on it, not even preliminary reports.

Petra Unger, from AECOM, the consulting firm hired to carry out required
environmental portions of the Division’s general plan review, said that this
was “public workshop number 1. There will be more workshops in the
future.”
                                                                                        1


Water at California beaches cleanest in years
Carolyn Jones, SF Chronicle

Friday, May 25, 2012




Michael Short
Angella Miller of Chicago walks out into the water to skip rocks at Baker Beach, one of
two beaches in San Francisco that received top honors in the annual water-quality survey.
The other is Ocean Beach.

Dry weather and stricter regulations have boosted water quality at Bay
Area beaches to their cleanest level in years, a report released Thursday
found. Nearly every beach in the Bay Area, and throughout the state, had
dramatically lower levels of bacteria and pollution than last year, according
to an annual survey of 650 West Coast beaches by Heal the Bay, a Santa
Monica environmental group.

"This is one of our best years yet," said Amanda Griesbach, a water-quality
scientist at Heal the Bay, which compiled its data from weekly water-quality
checks throughout the year along the California coast. "Especially with
summer coming, people should be happy that beaches in California are
clean."

Six local beaches earned top honors, including four in San Mateo County
and two in San Francisco: Sharp Park and Rockaway beaches in Pacifica,
Montara State Beach, Dunes Beach in Half Moon Bay, and Baker and Ocean
beaches in San Francisco.

Nearly all beaches in the Bay Area earned "good" or "excellent" grades,
including some in the past that have been among the most polluted, such as
Baker Beach.
                                                                              2


The report looked at bacteria and pollution seeping into coastal waters
from sewage plants, industry and urban runoff. Tougher state and federal
standards on water treatment and pollution have led to fewer beach
closures and generally cleaner water, according to the report.

State tightens controls
Over the past few years, the State Water Resources Control Board and its
regional offices have tightened controls and increased enforcement on
water treatment plants, refineries, factories and sewage treatment facilities,
said Tim Moran, spokesman for the state water board. "It's a continual
process. But we try to identify the problems and take action when we can,"
he said.

Maintaining clean water quality might become more difficult in coming
years, as state budget cuts loom, Moran said. The state is proposing a cut in
the budget for water-quality monitoring from $1.8 million to $1 million, for
example, he said. Not all local beaches received stellar grades. Five beaches
in San Mateo County were listed as "poor." They are: Pillar Point, Oyster
Point in South San Francisco, and Aquatic Park, Lakeshore Park and
Kiteboard Beach in San Mateo.

Cause of 'poor' ratings
All of those beaches except Kiteboard are in enclosed and more-stagnant
waters, which is more conducive to bacteria, said Dean Peterson, San
Mateo County director of environmental health. "The city of San Mateo is
well aware of the issues and is working to reduce the number of days these
beaches are posted with high levels of bacteria," he said. At Pillar Point, the
San Mateo County Resource Conservation District is studying pollution
issues and plans to release its findings soon, Peterson said.

In the East Bay, Heal the Bay looked at 10 sites, including popular
Crown Beach in Alameda and Keller Beach in Richmond. All sites
received high marks.

Marin also shone in the report, with 23 beaches receiving top grades.
Among the cleanest are Stinson, Muir and Rodeo beaches.

To see the report
Go to healthebay.org.

				
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