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PARKS AND WATERFRONT COMMISSION

Regular Meeting Wednesday, March 11, 2015, 7:00 P.M. Frances Albrier Community Center 2800 Park Street, Berkeley, CA

Parks and Waterfront Commission

AGENDA

The Commissions may discuss any items listed on the agenda, but may take action only on items identified as Action.

Preliminary Matters 1. Call to Order (Chair)2. Roll Call (Secretary)3. Announcements (Chair)4. Approval of Agenda (Chair)5. Approval Minutes* for February 11, 2015 (Chair)6. Public Comment7. Director’s Report

a. Director’s Office * (Scott Ferris)b. Parks Division (Sue Ferrera)c. Waterfront Division (Roger Miller)

Presentations

8. Update on the Brickyard Project - Eastshore State Park ** (Staff, East Bay Regional Park DistrictUpdate on the Bay Trail Extension Segment Three Project ** (Patrick Miller, 2M Associates)

9.

Action

10. Create one year subcommittee to work on planning issues regarding CesarChavez Park (Chair)

11. Discussion and possible action on Cesar Chavez Park Off Leash Area * (Chair)

Information Items 12. Recent Council Reports *13. Upcoming Agenda items: Marina Fee Increase FY2016-17; Marina Berth Fee

Waivers for community service organizations14. Communications: Animal Care Commission recommendation regarding the Draft

Biological Resource Assessment Update on the Off Leash Dog Area at CesarChavez Park, January 26, 2015.

15. Adjournment

* document is attached to agenda packet. ** document will be provided at the meeting.

Parks and WaterfrontCommission

Regular MeetingMarch 11, 2015

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ADA Disclaimer: This meeting is being held in a wheelchair accessible location. To request disability-related accommodations to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting. SB343 DisclaimerAny writings or documents provided to a majority of the Commission regarding any item on this agenda will be made available for public inspection at Parks Recreation & Waterfront Department Office at 2180 Milvia Street, Berkeley, CA. Communications Disclaimer: Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. All communications to the Commission should be received at least 10 days before the meeting date. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the commission or committee for further information. Commission Information: The agenda packets for the Parks and Recreation Commission and the Waterfront Commission are available for review at www.cityofberkeley.info/commissions; the Berkeley Main Library and the Parks Recreation & Waterfront Department Office at 2180 Milvia Street –3rd Floor, during their normal business hours. If you have questions, call Commission Secretary, Roger Miller at 981-6704 at 2180 Milvia Street, Berkeley, CA 94704 or by email at [email protected]. MISSION STATEMENT – PARKS AND WATERFRONT: The Parks and Waterfront Commission shall be an advisory board and shall review the policies, projects, programs, planning efforts, activities, funding, and the physical condition of parks, pools, camps, recreation centers, the Marina, and public greenery, and shall advise the City Council on these matters.

COMMISSION MEMBERS Mayor - Paul Kamen District 3 - Jim McGrath District 6 - Karen Weinstein District 1 - Maritessa Ares District 4 - Kathryn Ann Harrison District 7 - Dru Howard District 2 - Phil Catalfo District 5 - Susan McKay District 8 - Caitlin Brostrom


Regular Meeting March 11, 2015

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http://www.cityofberkeley.info/commissions

mailto:[email protected]

2015 Commission Meeting Dates

Name of Commission: Parks and Waterfront Commission

Commission Secretary: Roger Miller Location: Frances Albrier Community Center, 2800 Park St

Month Meeting Day and Date

Time

Notes

January Wednesday, January 7 7:00 p.m. Regular Mtg February Wednesday, February 11 7:00 p.m. Regular Mtg March Wednesday, March 11 7:00 p.m. Regular Mtg April Wednesday, April 8 7:00 p.m. Regular Mtg May Wednesday, May 13 7:00 p.m. Regular Mtg June Wednesday, June 10 7:00 p.m. Regular Mtg July Wednesday, July 8 7:00 p.m. Regular Mtg August No Meeting September Wednesday, September 9 7:00 p.m. Regular Mtg October Wednesday, October 14 7:00 p.m. Regular Mtg November No Meeting December Wednesday, December 9 7:00 p.m. Regular Mtg



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PARKS AND WATERFRONT COMMISSION – REGULAR MEETING

Wednesday, February 11, 2015, 7:00pm, Frances Albrier Community Center, 2800 Park St., Berkeley

MINUTES – DRAFT The Commissions may discuss any items listed on the agenda, but may take action only on items identified as Action.

Preliminary Matters 1. Call to Order (Chair): 7:10pm 2. Roll Call (Secretary): Present: Ares; Brostrom; Catalfo; Howard; McGrath; McKay; Weinstein;

Absent: None; Staff present: Ferrera; Miller. 3. Announcements (Chair) 4. Approval of Agenda (Chair) (M/S/C : Catalfo/Weinstein) Aye’s : Ares; Brostrom; Catalfo;

Howard; McGrath; McKay; Weinstein; No’s: None; Abstain: None; Absent: None. 5. Approval Minutes* for January 7, 2015 (Chair) (M/S/C: Brostrom/Catalfo) Aye’s : Ares;

Brostrom; Catalfo; Howard; McGrath; McKay; Weinstein; No’s: None; Abstain: None; Absent: None.

6. Public Comment: Claudia Kawcsynska, Cesar Chavez Park; Laura Margulies, Strawberry Creek Park; Martin Nicolaus, Cesar Chavez Park; Mara Guccione, Animal Care Commission.

7. Director’s Report a. Director’s Office * (Scott Ferris) b. Parks Division (Sue Ferrera) c. Waterfront Division (John Mann)

Action

8. Election of Officers – chair and vice-chair: the Commission took action to elect James McGrath as chair and Susan McKay as vice-chair (M/S/C: Catalfo/Brostrom): Aye’s : Ares; Brostrom; Catalfo; Howard; McGrath; McKay; Weinstein; No’s: None; Abstain: None; Absent: None.

9. PRW Capital and Maintenance Projects Budget ** (Scott Ferris): the Commission took action to support the Director’s CIP plan for the next two fiscal years, as presented at the meeting (M/S/C: Catalfo/Brostrom/unanimous); Ayes: Ares; Brostrom; Catalfo; Howard; McGrath; McKay; Weinstein; No’s: None; Abstained: None; Absent: None.

Information Items 10. Recent Council Reports * 11. Upcoming Agenda items: Cesar Chavez Park Off Leash Dog Area (tbd). 12. Communications: PUBLIC COMMENTS RECEIVED BY THE PARKS AND WATERFRONT

COMMISSION REGARDING THE BIOLOGICAL RESOURCE ASSESSMENT UPDATE OF THE OFF-LEASH DOG AREA AT CESAR CHAVEZ PARK (DATED DECEMBER 5, 2014) See the following weblink: http://www.ci.berkeley.ca.us/Parks_Rec_Waterfront/Marina/Biological_Resource_Assessment_-_Cesar_Chavez_Park.aspx

Adjournment:



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Agenda Item 5.

http://www.ci.berkeley.ca.us/Parks_Rec_Waterfront/Marina/Biological_Resource_Assessment_-_Cesar_Chavez_Park.aspx

http://www.ci.berkeley.ca.us/Parks_Rec_Waterfront/Marina/Biological_Resource_Assessment_-_Cesar_Chavez_Park.aspx

Parks Recreation and Waterfront *FY 2015 Directors Update February 27, 2015 The purpose of this document is to provide residents with a current update on Capital, Design, Major Maintenance and Planning Projects, Leases and Special Events that the PRW Department is engaged in during Fiscal 2015 (July 1, 2014- June 30, 2015).

*Note: This is a working document and is subject to weekly changes based on funding and staff availability. Capital Projects- Construction o Willard Tennis Courts 100% Complete o Echo Lake Dining Hall 100% Complete o John Hinkle Clubhouse Demolition Construction to begin in March o Virginia- McGee Totland Construction to begin in April o Terrace View Phase 1 Construction to begin in May o South Aquatic Park Pavement Out to bid/ Construction in June o Ohlone Dog Park In Final Design- To bid in March o Grove Basketball and Tennis In Final Design- To bid in March Projects- Design o Design SP Electrical Meter Split Design Complete o Design JK Electrical Meter Split Design Complete o Design LO Electrical Meter Split Design Complete o Fishing Pier ADA renovation- Design Complete o MLK Game Room Design Complete o Ohlone Basketball In Design o Rose Garden Trellis In Design o Bay Trail Segment Three In Design/ Permitting o South Cove Access In Design/ Permitting o Aquatic Park sidewalk in front of BORP/Waterside In Design o Willard Park Play Area and Pathways In Design o San Pablo Park Restroom/Locker In Design o Skate Park Safety Improvements In Design o Marina Float Replacement In Design o Aquatic Park South End Lighting Expansion In Design o Echo Lake Cabins Replacement In Design o James Kenney Play and Picnic Area FY15 o John Hinkle Playstructure/ Access FY 15 o Echo Lake Leach Field FY15-17 o Echo Lake Adding Dining Hall Deck/Cabins FY15-16 Major Maintenance Projects o Fire Restriction signs (BBQ/open fire) Complete o Ohlone Play Surfacing Replacement Complete o 2945/2925 Bolivar- Install electrical Complete o Marina Corp Yd Drainage/Repaving Complete



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Agenda Item 7.

o Marina Parking Lot L/M Slurry Seal Complete o Marina Pathway (YC- FP) Slurry Seal Complete o Aquatic Park: Widgeon grass/algae Complete o 2925/2945 Bolivar – ADA parking Complete o John Hinkel Park- Hand Rails Complete o Live Oak Center Office Complete o 44 Curb Cuts/ Tree Planting Complete o Strawberry Park Chip Box Complete o Frisbee Golf Kiosk- Aquatic park Complete o Cedar Rose Play Equipment Complete o Colusa Deck Replacement Complete o Echo Lake Lodge Deck- Complete o 90 Bolivar – Brick Fireplace removal Complete o 2925-2945 Bolivar – Replace Fencing Complete o 2925-2945 Bolivar- Add Gutters Complete o Strawberry Creek Turf Renovation Complete o King Park Turf Renovation Complete o James Kenny Office Complete o Rose Garden Sign Replacement Complete o Rose Garden Fence Replacement Complete o Frances Albrier Office Space Complete o King Pool Office Complete o West Campus Office Complete o Strawberry Creek Park Asphalt Patch Complete o Willard Park Restroom- Back Wall Replacement Complete o Codornices Turf Renovation Complete o Ohlone Middle Turf Renovation Complete o Grove Sports Turf Renovation Complete o San Pablo #1 Turf Renovation Complete o San Pablo Infield Renovation Complete o James Kenney Concrete Patio Patch Complete o City-wide Reservable picnic areas 90% Complete o Cesar Chavez Signage 90% Complete o City wide ADA Restroom upgrades 25% Complete o Park Rules Signage – Citywide Replacement 25% Complete o Willard Office Space Under Construction

o Marina H and I Parking Slurry Seal Scheduled for late March o Marina D and E Parking Slurry Seal Scheduled for late March o Marin Fountain- Replace Pumps Under Construction o Marin Fountain- Replace lights Under Construction o Marin Fountain- Replace Plaster Under Construction o Marina Bait Shop Wall Repair Under Construction o Echo Lake Make-up Air/ Hood In Design/Process o Launch Ramp Gates/ Ticket Machine In Design/Process o Tennis Court Signage Replacement In Design/ Process o Picnic Site Signage In Design/Process o 125-127 University Painting FY15 o Echo Lake Water System FY15



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Agenda Item 7.

o Ohlone Temp Picnic Replacement FY15 o Outside Storage Unit at MLK Center FY15 o Inside Storage at MLK Center FY15 o Removal of Ohlone Structure FY15 o Aquatic Park Bolivar Turf Renovation FY15 o King Park Tree Removal FY15 o Cragmont Park Rock Grout/Rock Replacement FY15 o James Kenney Lockeroom Wall Failure/ Replacement FY15 o Destination Signage- Aquatic, Strawberry Creek FY15 Key Department Planning Projects and Programs Parks Make Life Better Complete Camps Fund Financial Evaluation Complete Volunteer Program Development Complete Cesar Chavez Park Signage Development Complete Marina Software Installation Complete BUSD- Emerson School Pilot Complete Cesar Chavez Park Biological Update Complete Fee Increases for Day Camp/Echo CIT Complete Sports Field, Tennis and Picnic Schedule- On-line Complete Cesar Chavez Park Use Evaluation In Process Expansion of 0-2 Programming In Process Cash Handling Assessment and Process Revision In Process Water Use Reduction Evaluation In Process Aquatic Park Improvement Project In Process Echo Lake Camp Funding Recovery In Process John Hinkle Club House Funding Recovery In Process Berkeley Tuolumne Camp Funding Recovery In Process Berkeley Tuolumne Camp Master Plan In Process BUSD- MLK Facility Lease In Process Community Agency Contracts -Alignment with 2020 In Process North Lawn Bowling Green Assessment /Lease In Process Recreation Administration Relocation 4-15 FY 16-17 Budget Development In Process FY 16-17 Capital/Major Maintenance Budget In Process Parks Staff- Provisional-FT Employment Hiring In Process John Hinkle Clubhouse Funding Recovery In Process Open Data FY15 Recreation Professional Development Training FY15 Leases/ Licences 125-127 University Latourangelle Complete Child International Resource Complete Klein- Leventhal Management Complete Zorro Productions Complete Impact Fund Complete Waterside Wokshop-90 Bolivar Complete



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Agenda Item 7.

YMTC- 2427-2429 Bolivar Complete Bioremeadiation of SFROW- BPFP Complete Eat & Run Council 3-17 Cal Sailing Council 3-17 Hi Line Kites Negotiations Hana Japan-225 University Negotiations Yacht Club Negotiations Berkeley Arts Center Negotiations Ala Costa Center Negotiations Berkeley Paddling and Rowing Club Negotiations Lawn Bowling Club Negotiations Ephesians Negotiations Totland Building Negotiations BORP – 80 Bolivar Negotiations Marina Bait Shop Negotiations City Wide Special Events Community Picnic and Carnival 7-3-14 Complete July 4 Celebration/Fireworks 7-4-14 Complete Derby Day 7-25-14 Complete Olympic Day 7-31-14 Complete National Night Out- Teen Program 8-5-14 Complete Community All Crew Day- Marin Circle 9-18-14 Complete International Shoreline Clean Up 9-20-14 Complete Martial Arts Tournament 9-20-14 Complete Community Parks Day 9-27-14 Complete Community Tree Day 10-11-14 Complete Make A Difference Day- MLK 10-25-14 Complete Pumpkin Patch Dash 10-26-14 Complete Community All Crew Day- Los Angles 10-28-14 Complete Haunted House- MLK 10-31-14 Complete Berkeley Project Day- Large 11-8-14 Complete Tots Winter Carnival 12-6-14 Complete Community All Crew Day- Strawberry 12-17-14 Complete Berkeley Project Day- Small 3-7-15 Berkeley Project Day- Small 3-14-15 Community All Crew Day- Indian Rock March- TBA Egg Hunt Extravaganza 4-4-15 Berkeley Bay Festival 4-11-15 Earth Day Shoreline Clean Up 4-25-15 Community All Crew Day- Aquatic Park April -TBA Community All Crew Day- Strawberry 5-13-15 Kids Triathalon 5-16-15 3 on 3 Basketball Tournament June -TBA Community All Crew Day- TBA June -TBA Community Meetings Children, Youth and Recreation Commission (CYRC) 1-12-15 Complete Youth Commission (YC) 1-12-15 Complete Parks and Waterfront Commission (PWC) 1-14-15 Complete



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Agenda Item 7.

Strawberry Creek Park - Planning 1-21-15 Complete Willard Play Area and Pathways- Planning 1-24-15 Complete Children, Youth and Recreation Commission (CYRC) 1-26-15 Complete Marin Circle-Planning 1-28-15 Complete Children, Youth and Recreation Commission (CYRC) 2-7-15 Complete Children, Youth and Recreation Commission (CYRC) 2-9-15 Complete Youth Commission (YC) 2-9-15 Complete Parks and Waterfront Commission (PWC) 2-11-15 Complete Children, Youth and Recreation Commission (CYRC) 2-23-15 Complete Youth Commission (YC) 3-9-15 Parks and Waterfront Commission (PWC) 3-11-15 John Hinkle Planning 3-11-15 Children, Youth and Recreation Commission (CYRC) 3-23-15 Parks Capital Presentation( @ City Council) 3-24-15 Youth Commission (YC) 4-13-15 Parks and Waterfront Commission (PWC) 4-15-15 Children, Youth and Recreation Commision (CYRC) 4-27-15 CYRC Community Agency Contracts Report @ City Council 4-28-15 Youth Commission (YC) 5-11-15 Parks and Waterfront Commission (PWC) 5-13-15 Parks and Waterfront Commission (PWC) 6-10-15 Children, Youth and Recreation Commission (CYRC) 6-22-15



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Agenda Item 7.

Parks Recreation & Waterfront Department MEMORANDUM To: Parks and Waterfront Commission (P&WC) From: Roger Miller, Secretary, P&WC Date: March 11, 2015 Re: Update on Bay Trail Extension Segment Three Project (BTE3) In 2014, the City completed segments one and two of the Berkeley Bay Trail Extension pathway at the Berkeley Marina. Later that year, the City received a grant of federal funds in the amount of $500,000 to construct a third segment that will extend the current pathway along the south side of the sailing clubs to a point near the playground at Shorebird Park. The project is currently in the design and environmental review stage and construction is anticipated for the summer of 2016. This agenda item will provide the Commission with an update on the project. Attachments: 1: Project Description 2: Location and Site Plan – BTE3 3: Location and Site Plan - South Sailing Cove parking lots (east and west)



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Agenda Item 9.

PARKS RECREATION & WATERFRONT

-1-

BERKELEY BAY TRAIL SHORELINE ACCESS STAGING AREA PROJECT DESCRIPTION OF PROPOSED PROJECT Phase 3 of the Bay Trail Extension project (the project) is located within the Berkeley Marina, property owned by the City of Berkeley, California. The purpose of the project is to extend an existing segment of the San Francisco Bay Trail that provides an off-street pedestrian and bicycle link from the populated sections of the City of Berkeley to and through the Berkeley Marina.

As portrayed on Figure 1, the City of Berkeley proposes to construct an approximately 625-foot-long multi-purpose non-motorized trail and related features.

Specifically, the project affects two distinct settings in the Berkeley Marina. To the east, the proposed trail route generally follows an existing asphalt footpath through an area designated as the South Sailing Basin. To the west, the trail route is along an existing asphalt footpath within general open space lands of the Berkeley Marina adjacent to the fenced Adventure Playground. The project ends at the boundary of the Marina’s Shorebird Park.

Ten existing vehicular parking spaces will be closed to use prior to the development of the trail. These spaces will be relocated to a parking area to be developed immediately adjacent to the project area as part of another project. That project will be constructed prior to this project. Vegetation removal and or relocation of non-native trees and miscellaneous non-native shrubs and vines will take place. The trees are of various sizes and degrees of health. Proposed project improvements include:

• An approximately 400-foot-long, 12-foot-wide concrete trail bounded by 3-feet to 10-feet-wide areas of permeable concrete unit pavers.

• A approximately 225-foot-long, 12-foot-wide asphalt trail with 2-feet to 3-feet-wide decomposed granite shoulders.

• Replacement parking for approximately 32 bicycles. • Replacement of 3 existing benches and installation of 3 additional benches. • Planting and irrigation of approximately 7 native trees and 40 native shrubs. • Use and safety signage and pavement markings. • Miscellaneous recycling containers and storage boxes.

All trail and related facilities comply with Americans with Disabilities Act guidelines.



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Agenda Item 9.

EXISTING SEAWALL

EXISTING LAUNCH AREA

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SEE “PARKING LOT”RENOVATION PROJECT


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SHOREBIRD PARK ADVENTURE PLAYGROUND

SOUTH SAILING BASIN

STOP SIGN

EXISTING BAYTRAIL EXTENSION

TRUNCATED DOMESFULL WIDTH OF TRAIL;TWO LOCATIONS(CITY STANDARD;TYP)

BOLLARD

CURB

STOPSIGN

ASPHALT TRAIL

CONCRETE TRAIL

BENCH

CONCRETE TRAILAND UNIT PAVERS

RELOCATED “END OFTRAIL” AND BAYTRAIL SIGNS

BAY TRAILSIGN

ASPHALT TRAIL

TRUNCATED DOMESFULL WIDTH OF TRAIL;2 LOCATIONS(CITY STANDARD;TYP)

BICYCLERACK

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SLOW -PEDESTRIANWARNING SIGN

SLOW -PEDESTRIANWARNING SIGN

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AREAPROJECT

VICINITY MAPNTS

PROJECT AREANTS

LOCATION MAPNTS

CITY OF BERKELEYDEPARTMENT OF PARKS

RECREATION & WATERFRONT

PTM

PTM

FIGURE 1: LOCATION AND SITE PLAN

2M AssociatesLandscape ArchitecturePlanning • Horticulture

Box 7036Landscape StationBerkeley, California 94707Telephone (510) 524-8132

BERKELEY BAY TRAIL SHORELINE ACCESSSTAGING AREA PROJECT2/23/15

DRAFT

SUBJECT TOCHANGE



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Agenda Item 9.

AREAPROJECT

VICINITY MAPNTS

PROJECT AREANTS

FIGURE 1: LOCATION AND SITE PLAN

RESTROOM &SHOWERS

LIGHTS

SHRUBPLANTINGAREA

TREE

TURF AREA

BENCHES

BICYCLE PARKING

WINDSURFINGRIGGING AREA

PEDESTRIAN WALK

STOPSTOP

0 50 100 150 FEETSCALE

SITE PLAN

RESTROOM ELEVATIONSNTS

2/8/15

SOUTH SAILING COVE PARKING LOTS (EAST AND WEST)



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Agenda Item 9.

Parks Recreation & Waterfront Department MEMORANDUM TO: PARKS AND WATERFRONT COMMISSIONERS FROM: JIM McGRATH DATE: MARCH 4, 2015 SUBJECT: POSSIBLE RECOMMENDATION TO THE CITY COUNCIL ON OFF LEASH AREA AT CESAR

CHAVEZ PARK INTRODUCTION As the Commission knows, there has been some discussion and controversy over the use of the off leash area at Cesar Chavez Park. Councilmember Linda Maio has asked the Parks and Waterfront Commission (“PWC”) to develop a recommendation to the Council in this e-mail to me:

It was clear from the many conversations and email that I have had that there are many issues about Cesar Chavez park that a lot of people care about. Therefore, I asked Brad Smith to contact the stakeholders and pull together a master list of issues, which I attach. It helps me to have them all in one place. These issues should be discussed by the PWC, with input from the public, in developing their recommendations. I am aware that you have been, of course. If during the development of the PWC recommendations the Commission feels it would be useful for me to hold a stakeholder's meeting to discuss some of the more contentious issues, I would then convene such a meeting. This would serve two purposes, at least, 1) that the PWC could move forward to take action on most of the issues and get things started, and 2) if my involvement is needed the PWC could direct those issues to me to see if agreements could be forged that could then be referred to the PWC for consideration.

The list of issues developed by Brad Smith will be included separately in the mailing for the upcoming meeting. This memorandum is written as a recommendation from me to the rest of the Commission in an effort to focus discussion at any subsequent PWC meetings on the most significant four issues raised in that list. I have asked City staff to respond to those issues from the list that deal with maintenance, so that information will also be available. It is my hope that developing recommendations on these issues, with the reasoning for my recommendations, will allow discussion and public comment by each issue. It is intended to allow a series of votes by the Commission, with a draft resolution for each issue that can be discussed, changed, and voted up or down by the Commission. To the degree that I’ve captured the sense of the Commission, “I” can be



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Agenda Item 11.

McGrath Letter to PWC, March 4, 2015 Page 2

replaced with “we” and the resolutions and supporting language will become a recommendation to the Council. To the degree the Commission changes these resolutions, we can craft substitute language at the meeting, or complete our action at a subsequent meeting. SUMMARY Dog owners have used portions of Cesar Chavez Park since before it was established as a park, and that use was endorsed by the City Council in 1998. I believe that dog owners are an important constituency in Berkeley, and reasonable and responsible use of parks by dog owners should be allowed. However, there are a number of important misconceptions about what constitutes “reasonable and responsible” use. I believe that some aspects of the current pattern of use fall outside any common understanding of “reasonable and responsible use”, and that it will be necessary to change some of what are now common practices, or establish regulations for the OLA. However, I believe that better management of the area can bring the pattern of use back into balance. It is particularly important to stress that all of Cesar Chavez Park, including the OLA, is accessible to all users. The City Council declared in 1976, well before the OLA was established, in Resolution No. 47,935-N.S. “The City Council hereby reaffirms that the publicly owned land north of Spinnaker Way should be used for unstructured public recreation. The area will be pedestrian and bike oriented …protected from the intrusion of incompatible uses.” When the Council took up the issue of establishing an off leash area (OLA) within that park, they affirmed the multi-user nature of the facility. The initial study prepared for the OLA calls for:

Adequate separation of the off-leash are from established land uses (recreation and picnic areas to the south, and a minimum 200 feet from the Perimeter along the north and west sides of the park) to minimize conflicts with other park users;

Adequate separation of the off-leash dog area from trails to minimize conflicts with other park users…

Further conditions were applied when the OLA was established to manage the area ensure that dogs may only be off-leash within the OLA, that dog owners must have voice control of their dogs at all times, and that aggressive dogs must have a muzzle and be on a leash at all times. RELOCATION The current consideration of the OLA was triggered by a number of complaints by people accosted by off leash dogs well outside the established boundaries, others who were concerned that off leash dogs were chasing birds in the ”Natural Protected Area” established by the Council when they approved the OLA, and by requests from dog owners to increase mowing to control foxtails. City staff contracted with Jim Martin of the Environmental Collaborative to prepare an updated biological resource assessment to identify ways to reduce the impact of “species of vegetation harmful to … dogs.” One concept evaluated in the updated biological resource assessment was relocating the OLA to a flatter portion of the site to the east which is mowed more frequently and where foxtails could more readily be controlled without impacts to habitat. Foxtails were recognized as a hazard when the OLA was established. Indeed, there was debate about the size and management of the OLA before it was established, with proposals by dog owners for a 20 acre OLA, and



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Agenda Item 11.


by others to limit that area to 10 acres. The Council ultimately reached a compromise of 17 acres, with a number of management conditions, which will be discussed below. There is disagreement over whether foxtails are a greater problem now than when the park was established. The conclusion of the BRA update is “habitat conditions in the OLA have remained largely unchanged since the 1997 BRA was prepared.” The BRA update continues to note that relocation of the OLA, selective re-vegetation, or more intensive mowing would not eliminate the foxtail problems at the park. Off leash use within Cesar Chavez Park is a use of long standing, and provides significant recreational benefits to dog owners who live in the City. I do not believe that the conflicts with other users are so severe that they cannot be resolved with better management, or that they require relocation of the OLA. Most of the dog owners who spoke at the December 10, 2014, PWC meeting were opposed to moving the OLA, even if such a reconfiguration would reduce foxtail risk. For these reasons, I recommend that we reject relocating the OLA. RESOLUTION 1 The Parks and Waterfront Commission recommends that the City Council affirm the location and boundaries of the off leash area established in their resolution No. 59,729-N.S., dated October 6, 1998. HABITAT There have been a number of important changes in public management of habitat since the OLA was established by resolution No. 59,729-N.S. on October 6, 1998. Those changes have reduced the scarcity of habitat such as that in Cesar Chavez Park, and constitute “changed circumstances” under the California Environmental Quality Act. First, the East Shore State Park has been established, with a general plan adopted in December 2002. That park, with 1854 acres of uplands and tidelands, is much larger than Cesar Chavez Park, and much of it is devoted to habitat restoration, including the 72 acre meadow area that is quite near the OLA. The East Bay Regional Park District has spent approximately $2 million to restore seasonal wetlands at that site, which is fenced in substantial part to protect the habitat. Second, a number of wetland restoration projects have been undertaken around the margins of San Francisco Bay, including 17,000 acres of former salt ponds in the South Bay, a smaller area of salt ponds along the Napa River, and other substantial restoration projects at Sonoma Baylands, the former Hamilton airfield, Sears Point, and Cullinan Ranch. Together these projects provide many thousands of acres of restored habitat that are more secure for the species that use the OLA. The current state of vegetation at the OLA illustrates the underlying problem in establishing high quality habitat in disturbed lands. The original BRA notes of the OLA “Most of the grassland species are non-native annuals, dominated by wild oat (Avena fatua) and brome (Bromus sp.). While this vegetation provides cover for birds and rodents that are prey for birds, it is neither natural nor particularly scarce. More recent habitat restoration efforts recognize that significant investments are needed to restore a more native plant palette on disturbed lands such as the OLA. The update of that study, confirms that invasive species dominate the OLA and that it would not be possible to establish a more natural biotic community without substantial effort and expense.



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Agenda Item 11.


Some dog owners have argued that their use of the OAL takes precedence over habitat concerns, and that additional clearing or re-vegetation should occur without respect to minimizing habitat loss. This clearly was not the concept approved by the Council as conditioned in the Council resolution and the mitigated negative declaration. The Mitigated Negative Declaration, dated March 1998, includes the following language about the project that is directly on point:

Mowing a one-acre area near the southern entrance of the off-leash dog area twice a year (late spring and late summer to minimize potential harm to dogs from foxtails; the mowing height would be set between four and six inches off the round surface to retain some grassland cover for wildlife while removing many seed heads (emphasis added)

While the mowed area was subsequently increased to 2 acres, this language remains in the mitigated negative declaration, which was incorporated into the Council resolution. The clear standard for impact tolerance was set forth on page 4 of the Initial Study as “Adequate space to accommodate increased use by dogs and humans with only minimal impact to existing conditions.” The other habitat concern is for protection of the currently unfenced Protected Habitat Area. The clear intent of the Council was to protect this area from incursion by off leash dogs. During every visit that I have ever made to the OLA, about 20% of the dogs outside the OLA were off-leash, and dogs frequently go into the protected area. On the other hand, the changed circumstances of restored habitat indicate that a modest increase in mowing within the OLA and outside of the wildlife area established by the Council can be accommodated without substantial adverse impacts. Even if the size of the mowed area were to be increased, the overall habitat supporting wildlife found at the site is substantially greater than it was at the time the OLA was established. RESOLUTION 2 The Parks and Waterfront Commission recommends that the City Council approve additional mowing of the OLA, provided that confirmatory mapping shows that such additional mowing does not eliminate native species that have been established at the site, and that substantial grassland cover remains. FENCING When the Council established the OLA it clearly contemplated that there would be fencing along the southern boundary (approximately 400 feet of 4 foot wire fencing), straw bales placed along the boundary every 25 feet to provide an obvious boundary, and signage. They also contemplated ongoing education efforts by a “responsible community group to educate dog owners in ownership responsibilities and dog control.” The last annual report of the Friends of Cesar Chavez Park covered the period from February 1999 through April 2000. Dog parks have been established around the country, and great attention has been given to the design of off leash areas since the OLA was established. The American Kennel Club has made recommendations for design (http://www.akc.org/pdfs/GLEG01.pdf) which include secure fencing. Off leash dog parks are now fairly common in the State of Washington, and groups like Citizens for off-leash areas are active in public education. Many of those parks, e.g. Blue Dog Pond, are fully fenced. http://www.coladog.org/olas/bluedog.html



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Agenda Item 11.

http://www.akc.org/pdfs/GLEG01.pdf

http://www.coladog.org/olas/bluedog.html


However, not all such areas are fenced, and an interesting analysis of the legal issues in establishing a dog park can be found here: https://www.animallaw.info/article/designing-model-dog-park-law Some of the dog owners who testified to the PWC have opposed any fencing of the OLA. However, casual observation of the OLA, and the continuing vandalizing of signs and boundary markers make it clear that existing management efforts are not sufficient to assure compliance with the conditions established to protect other park features—most notably the Cesar Chavez Monument, humans, dogs on leash, and the Protected Natural Habitat area. A significant number of off leash dogs are not dogs under voice control, and can be found well outside the OLA. See for example news reports of Golden State Warriors star guard Klay Thompson shown with his bulldog well outside the OLA in the San Francisco Chronicle. Educational efforts to date have not been successful in informing regular and casual users of the boundaries and rules, as off leash dog activity occurs frequently and well outside the OLA boundaries, see: http://www.thebark.com/content/nba-player-klay-thompson-stars-dog-park Off leash dogs can be dangerous to on-leash dogs on the paths of the Park, a well-recognized phenomena (see http://paws4udogs.wordpress.com/2013/07/15/dealing-with-off-leash-dogs/),as well as to those on bicycles and skateboards. Since the park is intended to serve all users, these kinds of encounters must be better managed or fencing must be erected. I recommend that low scale fencing or other features that delineate the OLA boundary be constructed in the areas identified in the council resolution establishing the OLA (400 feet of 4 foot wire fencing along the southern boundary). The PWC would have an opportunity to review the effectiveness of such low-scale fencing after a trail period of one to two years and see if such fencing is sufficient to resolve the most significant conflicts between users. RESOLUTION 3 The Parks and Waterfront Commission recommends that the City Council direct the staff to install low scale fending, or other physical features identified in meetings with stakeholders and the PWC, along the southern boundary of the OLA, and at other areas where conflicts have occurred or the boundary of the OLA is not clear. ACCESS TO THE RIDGE Many of the dog owners who testified before the PWC seemed either unaware of the western boundary of the OLA, or unwilling to comply with the established boundary. They argued that access to the ridge and its panoramic views of San Francisco Bay is an important part of the human recreational experience at the park, and putting their dogs on-leash to walk through that area is an unreasonable requirement. Certainly dog park use is a human as well as canine recreational outlet, and providing a view is a reasonable request if it can be done in a manner that is affordable and will provide adequate and safe buffering for other park uses. However, it is clear that the Council provided for an area for the solar calendar outside of the OLA when they established the OLA. That Council resolution provides



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Agenda Item 11.

https://www.animallaw.info/article/designing-model-dog-park-law

http://www.thebark.com/content/nba-player-klay-thompson-stars-dog-park

http://www.thebark.com/content/nba-player-klay-thompson-stars-dog-park

http://paws4udogs.wordpress.com/2013/07/15/dealing-with-off-leash-dogs/),as


…the City Manager is directed to continue working with affected City Commissions to review site alternatives, access, and costs related to the solar calendar concept, and shall, if necessary, recommend revisions to the proposed off-leash dog area at such time as the solar calendar concept has been designed, reviewed, and approved…

Subsequently, on July 20, 2004, the Council adopted Resolution No. 62,608-N.S. approving the Phase I design for the solar calendar. Since the Council reserved an area for the solar calendar within their resolution establishing the OLA, gave stakeholders full notice that revisions would be necessary to the OLA to accommodate that facility, and subsequently approved a design for the solar calendar that will eventually close the ridge trail, they clearly contemplated providing room for both uses. Since the solar calendar is not within the OLA, off leash use on the path through the solar calendar has not been allowed by the Council’s approvals establishing the OLA. In fact, none of the ridge trail north of the southern boundary of the solar calendar is within the OLA in the map designated “Exhibit A” and dated October 1998 that was part of the initial study relied upon by the Council in establishing the OLA. The current improvements at the solar calendar are interim; fundraising has not yet generated sufficient funds to implement the approved Phase I design, which will require importation of more than 5,000 cubic yards of soil and relocation of the ridge path. There are therefore both short term and long term needs to provide continued access. In the short term, it would be consistent with the Council’s approval of the OLA to reestablish a historic path that was located immediately east of the hay bales that formerly delineated the OLA boundary. That could be done in the near term, Both changes to the boundary of the OLA, and significant new facilities, will require the City to comply with CEQA. It is my opinion that such measures should not be undertaken without considering the needs of all stakeholders. The presence of a secondary peak within the OLA does provide an opportunity to allow dog owners access to the ridgeline and the wonderful views that are available without posing conflicts with park users who want to avoid dogs or enjoy the solar calendar in a more solemn setting. There is already an informal trail to the top, and a picnic bench on the top so this use is clearly valued and can continue. One of the missions of any planning sub-committee could be to determine what further improvements would provide the necessary amenities and what design would direct those wanting a panoramic view to remain within the OLA. RESOLUTION 4 The Parks and Waterfront Commission recommends that the City Council affirm the boundaries of the OLA, and ask the PWC for a recommendation for further improvements that would provide access to a panoramic view within the OLA. Attachments: 1: Letter from Brad Smith, 01-30-2015 2: Letter from Toni Mester, 03-05-2015 2: Chavez Memorial Solar Calendar - Project Description 3: Chavez Memorial Solar Calendar - Site Plan



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Agenda Item 11.

1

Miller, Roger

From: [email protected]: Tuesday, February 03, 2015 2:14 PMTo: Miller, RogerSubject: Fwd: List of Cesar Chavez Park IssuesAttachments: Cesar Chavez Park Issues.docx

From: "Brad Smith" <[email protected]> To: "Linda Maio" <[email protected]> Sent: Friday, January 30, 2015 11:18:29 AM Subject: List of Cesar Chavez Park Issues Dear Linda, Please find attached and below the list of Cesar Chavez Park issues to be discussed and, if possible, resolved. The items were suggested and reviewed by the stakeholders you identified and who are also receiving this e-mail. The list, while very roughly grouped, is not listed in any order of priority. -- Brad

List of Cesar Chavez Park Issues The development of a comprehensive plan for CCP. Regularly scheduled meeting (e.g., quarterly) between City staff and CCP stakeholders and park users (e.g., walkers without dogs). Education of the public regarding the costs and sources of income for the maintenance of CCP. Implementation of official changes to take effect on a publically announced date. City working with CCP volunteers (e.g., providing clean soil for volunteers to fill holes created by gophers, rabbits and skunks and the removing star thistle). Establishment of a regular schedule for emptying the trash containers at CCP. Maintenance of benches and water fountains at CCP. Development of a list of future locations for memorial benches at CCP. Developing a plan for controlling the spread of fennel in CCP. Pruning of trees along Spinnaker Way. Education about and enforcement of off-leash rules at CCP.



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Agenda Item 11.

2

Use of wood chips throughout CCP and in particular the OLA. Establish guidelines for depositing of plant clippings in OLA. Signage (e.g., design, placement, park and OLA rules, directional signage). Dismantling of the old methane flare and its replacement. Vandalism of the Solar Calendar site and signs. Shared use of the western path in CCP among park users. Improvements to, and naming of, the hill within the OLA boundaries. Native planting program, particularly in off-leash and nature areas. Design a boundary/fence/black metal fence/natural barrier that clearly defines what is inside and outside of the OLA. Wooden fence, straw bales, or natural barrier along all entrances to the OLA. Location and number of picnic tables near the entrance of the OLA. Discussion of the Biological Resource Assessment, including the four alternatives and their variations. OLA mowing schedule (including emergency mowing) and area to be mowed. Resolution of foxtail concerns prior to this year’s growing season. Habitat for grassland dependent wildlife in CCP. Small dog facility/area in CCP. Improvements to bulletin board area (e.g., cork replacement, plexi-window protection, welcome sign, park and OLA rules). Access to and control of the OLA kiosk (e.g., permitting or not unsigned posts). West-east entrance to OLA (e.g., repair and/or alternative surfacing to make handicapped accessible). Access to OLA for disabled dog owners. Brad Smith [email protected] Jan. 30, 2015



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Agenda Item 11.

1

Miller, Roger

From: "Toni" <[email protected]> To: "Jim Mcgrath" <[email protected]> Cc: "Susan McKay" <[email protected]>, "Caitlin Lempres Brostrom" <[email protected]>, "Dru Howard" <[email protected]>, "Phil Catalfo" <[email protected]>, "Karen Weinstein" <[email protected]>, "maritessa bravo ares" <[email protected]> Sent: Thursday, March 5, 2015 11:34:35 AM Subject: mowing in Cesar Chavez Park Hi Jim et. al, We got a message from April Rose Sommer that the commission will recommend more mowing on more acres of the dog park. This would be an unfortunate decision that is not in the interest of the park (the resource) or the use in question (dog walking). The Commission could support more mowing on the area already mowed in dog gulch and lower dog hill, with collection of the biomass afterwards, but extending the mowing to other meadows without sufficient scientific evidence and analysis of the resulting impacts is an ecological error. In my paper I requested answers to many questions, and then searched for the answers myself. Jim Martin’s contract included answering questions but that will take more time. Based on my research on the hordeum grasses, mowing is a cause of the proliferation of the foxtails, whose seeds are dispersed by two methods: wind and carried by animals. The grass is not deeply rooted, so it’s easily dug or tilled. Mowing actually strengthens the crown which sends up another seed head, again and again. Mowing the top of dog hill should be halted, as it is especially exposed to the wind that disperses the seeds. The dogs also carry the seeds on their fur. There is no evolutionary advantage to the grass in causing internal infection in animals. The awns developed to hitch hike on their hides, so in this case, the dogs are both the perpetrators and the victims of the seed dispersal. The foxtail grasses are not strong competitors, so most advisors (on mostly agricultural websites) recommend sowing other grasses in bare spots to halt their spread and to till or hand pull the foxtails, depending on the size of the area. How did the foxtails get to Cesar Chavez Park in the first place? They are ubiquitous, so as park use increased, especially dog walking that created redundant bare trails and other denuded areas, the foxtails took hold. They were already established at the time of the mitigated negative declaration that included mowing a limited area to combat them as part of the management program. The hay bales probably compounded the problem by bringing in more. According to horse and cattle websites, it’s difficult to get hay bales that are not contaminated with foxtails that infect farm animals, not just dogs. Also, the original seed mix might have been contaminated. Rather than mowing, the Commission should recommend vegetation management for the benefit of both the park and the dogs, especially weed whacking the edges of the main trails and treating them with chips or DG (decomposed granite) and placing signs during foxtail season that warn dog walkers to stay on the main trails, closing the redundant trails for reseeding with competitive grasses, and not cutting any new trails or exposing ground that can become infested with foxtails. If the already mowed areas are mowed more often, there is probably no significant impact, especially if volunteers rake up the leavings, which should be trashed and not composted to halt the spread. Mowing is what the dog walkers want, but unfortunately they will be hoisted by their own petard, as more mowing means more foxtails, everywhere, not just in the dog park. Eventually, instead of a park with more beautiful trees and shrubs, the whole park will become a mowed field. Cesar Chavez Park is in a vegetation management crisis, mostly because there is insufficient vegetation. The last time anything was actually PLANTED there was in 1984. That’s the gist of my research to date. The rest is politics, which unfortunately is driving this decision, Toni



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Agenda Item 11.

SITE LOCATION: CHAVEZ MEMORIAL SOLAR CALENDAR THE LATEST PLANS (2006) ARE BASED ON THE APPROVED PHASE II*

CONSTRUCTION PLANS/AGREEMENTS THAT WE HAVE WITH THE CITY COUNCIL,

WITH THE WATERFRONT, CIVIC ARTS & PUBLIC WORKS DEPARTMENTS, WITH

SRS ENGINEERING, AND WITH THE CALIF. STATE AIR QUALITY CONTROL BOARD

AND REGIONAL WASTE MANAGEMENT BOARD.

THE APPROVING AGENCIES ABOVE REQUIRED THAT THE PROJECT AVOID A

METHANE WELL OPENING AT THE NORTHEASTERN CORNER OF THE SITE. THAT

WELL OPENING PROVIDES MONITORING ACCESS TO THE SUBSURFACE METHANE

LINES. TO MEET THIS REQUIREMENT, THE APPROVED PLANS RELOCATED THE

ENTIRE SITE APPROXIMATELY 50' TO THE WEST. THIS WILL ALSO RESULT IN

MOVING THE EXISTING ON LEASH RIDGE TRAIL AND COMBINING IT WITH THE

EXISTING FOOT PATH TO THE WEST OF THE SITE. THESE CHANGES ARE

REFLECTED IN THE 2006 PLANS.

* Phase ll involves hauling in a large amount of clean soil -- to level the site, to form the wheel-

chair accessible pathway up to the site, to form the much taller perimeter earthen berms, and to

re-establish the Chavez homages and solar calendar exhibits that now exist.



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Agenda Item 11.



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Agenda Item 11.

PARKS AND WATERFRONT COMMISSION

RECENT COUNCIL REPORTS

The following council reports are available for review at the Parks Recreation & Waterfront Department administrative desk, 2180 Milvia Street, 3rd floor, or can be ac cessed from the City Council Website by using the following URL’s:

February 24, 2015 - 5. Contract: McNabb Construction, Inc. for Terrace View Park-Phase One Renovation URL: http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_05_Contract_McNabb_Construction.aspx February 24, 2015 - 6. Contract: TranSystems, Inc. for Consultant Support Services for the South Cove Public Access Staging Area Project URL: http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_06_Contract_TranSystems,_Inc.aspx February 24, 2015 - 7. Grant: California Parks and Recreation Department, Division of Boating and Waterways – South Cove West Parking Lot Project URL: http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_07_Grant_California_Parks.aspx February 24, 2015 - 8. License Agreement No 2: Berkeley Partners for Parks – Santa Fe Right-of-Way - South Berkeley Bioremediation Garden Project URL: http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_08_License_Agreement_No_2.aspx



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Agenda Item 12.

http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_05_Contract_McNabb_Construction.aspx




http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_06_Contract_TranSystems,_Inc.aspx




http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_07_Grant_California_Parks.aspx




http://www.cityofberkeley.info/Clerk/City_Council/2015/02_Feb/Documents/2015-02-24_Item_08_License_Agreement_No_2.aspx




Animal Care Commission Regular Meeting Minutes

January 21, 2015

ROLL CALL:

Present: Sequoia, Wagley, Avellar, Gutierrez, Elbasani Absent: Raymond, Gresher, Secretary: Kate O’Connor

7 members of the public were present 4 members of the public spoke

MOTION I: Avellar/Gutierrez: To approve the minutes from October 15, 2014 Passed unanimously.

MOTION II: Wagley/Avellar: The Animal Care Commission (ACC) will send the following report and recommendations regarding the Draft Biological Resource Assessment Update on the Off Leash Dog Area at Cesar Chavez Park, to the Parks, Recreation and Waterfront (PR&W) Department, the P&W Commission and the City Manager. Passed Unanimously

The Animal Care Commission has significant reservations regarding the validity of the report based on the problematic methodology plus the lack of transparency of data and data analysis. Additionally, the ACC is concerned about the lack of disclosed credentials and professional qualifications of the principal author of the report. The ACC is most concerned with the option to move the off leash area to another location and disagrees with this proposal most strenuously.

Because of the above listed deficiencies of the report, the ACC does not accept its conclusions. The ACC strongly recommends to the PR&W Department and City Council to preserve the existing 17 acre off leash Dog Area that has been in existence since 2000. Cesar Chavez off leash Dog Area is the only one of significant acreage in the City of Berkeley.

In addition, the ACC would like the ability to work with the P&W Commission to come up with a mowing schedule that both properly maintains the off leash area and mitigates the harm foxtails cause to dogs, people and native wildlife.

The ACC is also interested in working with the P&W Commission to establish native plantings in the off leash area. To this end the ACC recommends that a task force of Berkeley residents be established to be comprised, at a minimum, of dog owners and those with a history of involvement with the park including the original Friends of Cesar Chavez Park, the ACC and the P&W Commission.

Meeting adjourned: 8:50 pm Next regular meeting: April 15, 2015

Parks and WaterfrontCommission

Regular MeetingMarch 11, 2015

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Agenda Item 14.COMMUNICATION