The East Bay Regional Park District Board Meeting, Which Was Held Virtually on May 19, 2020, Called Its Closed Session to Order at 11:30 A.M

Approved Minutes Board Meeting of May 19, 2020

The East Bay Regional Park District Board Meeting, which was held virtually on May 19, 2020, called its Closed Session to order at 11:30 a.m. by Board President Ellen Corbett.

ROLL CALL

Directors Remote: Ellen Corbett, President Dee Rosario, Vice President Beverly Lane, Secretary Colin Coffey, Treasurer Dennis Waespi Elizabeth Echols Ayn Wieskamp

The Open Session of the Board Meeting was called to order at 1:01 p.m. by President Corbett.

Staff Remote: Robert Doyle, Ana Alvarez, Carol Victor, Jim O’Connor, Anthony Ciaburro, Debra Auker, Kristina Kelchner, Carol Johnson, Erich Pfuehler, Alan Love, Brian Holt, Michael Reeves, Mary Mattingly, Jim Tallerico, Matt Graul, Lisa Goorjian, Aileen Theile, Chris Barton, David Sumner, Lisa Baldinger, Sean Dougan, Toby Perry, Ren Bates, Rachel Lem, Matthew James, David Vance, Peter Fitch Guests: None.

PLEDGE OF ALLEGIANCE

Director Corbett opened the meeting and stated that consistent with Governor Gavin Newsom’s Executive Order N-25-20 issued on March 12, 2020 in response to the threat of COVID-19, and the Alameda County Health Department’s Order dated March 16, 2020, the Board of Directors may utilize teleconferencing to remotely participate in meetings.

President Corbett asked if the Board members had any questions about the meeting process. There were none.

A. APPROVAL OF AGENDA

By motion of Director Wieskamp, and seconded by Director Rosario, the Board voted unanimously to approve the agenda. Roll Call vote unanimous.

Directors Remote: Ellen Corbett, Colin Coffey, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.

B. PUBLIC COMMENTS

President Corbett thanked the public and staff for attending the virtual Board meeting that was streaming live on zoom. Corbett acknowledged that with the new technology there may be some challenges, however staff will endeavor to improve the meeting platform. She explained that public comments were to be submitted in advance by e-mail to [email protected] or left by voice message at 510-544-2016. This allowed the Clerk time to provide the Board members with the comments in advance of the meeting. President Corbett explained that emails or voicemail received after the deadline will be provided to the Board of Directors and become part of the public record of the meeting.

Approved Minutes Board Meeting of May 19, 2020 Carrie Monks from Alameda commented on the large groups of people that congregated on the beach did not practice social distancing or wear masks. It concerned her, she has complained, and nothing has happened. Monks would like the District to enforce the rules of the Governor. Kelly Abreu, Mission Peak Conservancy, commented on the lease between the city of Fremont and the District on the operation of Mission Peak that is set to expire in July 2020. City staff are no longer working with the Park District for the public good because of the city’s overreach and unreasonable demands. Abreu urged the Board to support District staff in their endeavor to renew this 25-year lease. President Corbett asked Mr. Abreu if he wanted the letter read into the record as some of his comments were duplicative. He said it was not necessary. An e-mail received from Mr. Yragui, cofounder of Mission Peak Conservancy, highlighted in detail the comments by Mr. Abreu. David Fielder sent an email and a written document on the continued closure of Pt. Isabel. He commented that the dog park guidance is broad brushed. There are different approaches to the Health Order in the East Bay. President Corbett read into the record a letter received from the Sierra Club. Norman LaForce, Legal Counsel for the Sierra Club commented on the District’s lack of transparency and inability to stream Park District meetings live. He cited the May 5, 2020 Board meeting where the YouTube link did not work. Corbett had a discussion with Mr. LaForce, there will be a response to this letter, and she noted that today is the first live zoom meeting. Clerk, Knight read into the record emails received in advance from Patricia Aguilera, Kelly Barney, Marc LaRhette, Andrew M. Lojo, Austin McInerny, Smita Shanker, Kent Wegener, and Doug Yamamoto.

C. SPECIAL UPDATE

By motion of Director Lane, and seconded by Director Waespi, the Board voted unanimously to approve the Item C Special Update.

Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None

1. General Manager’s Update on the Status of the East Bay Regional Park District Emergency During the COVID-19 Pandemic.

Resolution Reaffirming the Existence of a Local East Bay Regional Park District Emergency. Resolution No. 2020 – 05 - 090 (attached) General Manager Doyle commented on the extraordinary work of staff in this unprecedented time. Staff are doing their best to help people acknowledge that parks are more important than ever. Staff are working with the Health Departments in Alameda and Contra Costa Counties and have provided webinars to staff in combination with UCSF staff about COVID and the Shelter in Place Order.

GM Doyle reported the District has 300 people unable to work due to the social distancing rules. Staff are working towards implementation to repopulate park offices. GM Doyle stated that staff will be living with restrictions and challenges that will have a long-term impact. Staff are overwhelmed with the increase in park usage. Memorial Day is this weekend and there will be more park users. GM Doyle observed that staff should not be put in a position to monitor the public’s use of the Health Department regulations, nor should staff be put in a position to confront the public. The public needs to play a huge role in voluntarily adhering to social distancing and to keep their dogs on leash. GM Doyle thanked the Board for providing funding for public information. There is a plan to re-open Del Valle State Park and Pt. Isabel.

Director Echols stated she is delighted staff is moving forward to keep District parks open and there is a date to open Pt Isabel. Echols was pleased to hear from active users of this park; the District can count on them to help keep Pt. Isabel safe. Director Coffey commented on increased user conflict on the trails. He mentioned that he and his wife had a bad encounter at Pt. Pinole with a riding unlawfully on a narrow dirt trail. Coffey Approved Minutes Board Meeting of May 19, 2020 remined board members and staff that at 2019 Trails Workshop, one of the points to follow up on was to have some organized interface with various trail use constituents and stakeholders to determine what types of behaviors are acceptable. Director Rosario thanked the Park District, AFSCME and Task Force for the good communication within the committee. Director Waespi thanked the GM, staff and Task Force. He commented he is glad staff are looking to open more parks. President Corbett commented she sits on the EOC and is impressed with how people are pulling together to steer the District through the Shelter in Place.

D. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

By motion of Director Wieskamp, and seconded by Director Echols, the Board voted unanimously to approve the Consent Calendar.

Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.

a. Approval of District Check Listing for the Period of March 30, 2020 to April 12, 2020 Resolution No. 2020 – 05 - 091 (attached)

b. Approval of the Minutes for the Board Meeting of May 5, 2020

c. Resolution to Support AB 2148 (Quirk D-Hayward) – Regional Climate Adaptation Planning Groups Resolution No. 2020 – 05 - 092 (attached)

d. Resolution to Support AB 2551 (Bauer-Kahan D-Orinda) – Preservation of Alameda-Tesla Expansion Area Resolution No. 2020 – 05 - 093 (attached)

e. Resolution to Support AB 2619 (Stone D-Monterey Bay) - Coastal Resilience, Adaptation and Access Fund Resolution No. 2020 – 05 - 094 (attached)

f. Resolution to Support S. 3269 (Carper D-DE) – Clean Economy Act of 2020 Resolution No. 2020 – 05 - 095 (attached)

g. Resolution to Support S. 3288 (Harris D-CA) – Protecting Unique and Beautiful Landscapes by Investing in California (PUBLIC) Lands Act Resolution No. 2020 – 05 - 096 (attached)

Director Rosario asked why we are not supporting HR 2199 or 2215. Erich Pfuehler, Chief of Government and Legislative Affairs replied this bill is a combination of three house bills. The Park District’s position on the redwood bill is because it calls for redwood restoration and they deal with the Central Coast and the San Gabriel Mountains and there is no nexus to the Park District. Staff can bring both to the committee if it is your pleasure. Rosario responded he would like the District to support the other bills because of the similar issues of protection of open space.

h. Resolution to Support S. 3422 (Gardner R-CO and Manchin D-WV) – Land and Water Conservation Fund, Great American Outdoors Act Resolution No. 2020 – 05 - 097 (attached) Approved Minutes Board Meeting of May 19, 2020 i. Resolution to Support SB 1296 (Durazo D-Los Angeles) – Career Pathways and Climate Resiliency Grant Programs Resolution No. 2020 – 05 - 098 (attached)

j. Resolution to Support SB 1323 (Skinner D-Berkeley) - California Carbon Sequestration and Climate Resiliency Project Registry Resolution No. 2020 – 05 - 099 (attached)

k. Authorization to Accept a Recreational Trail Easement Across the Wallis Ranch Residential Development from Trumark Homes, dba Development Solutions WR, LLC: Tassajara Creek Regional Trail Resolution No. 2020 – 05 - 100 (attached)

l. Authorization to Allocate and Transfer Board Contingency Funds for TOGETHER Bay Area (formerly Bay Area Open Space Council) Membership in years 2020 and 2021 Resolution No. 2020 – 05 - 101 (attached)

m. Authorization to Increase Contract Limits of JOC-013 with Mark Scott Construction, Inc. and JOC-014 with Aztec Consultants for Job Order Contracting: District-wide Resolution No. 2020 – 05 - 102 (attached)

n. Approval of 2020 Risk-based Internal Audit Plan, and Confirmation of the Organizational Independence, with Qualification, of the Internal Audit Function Resolution No. 2020 – 05 - 103 (attached)

o. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: Alameda County/Contra Costa County Regional Trails Landscaping and Lighting Assessment District (Two County LLD), including ZB-1 (Five Canyons), ZB-2 (Dublin Hills), ZB-3 (Walpert Ridge), ZB-4 (San Ramon Hills), ZB-5 (Stone Valley), and ZB-6 (Gateway Valley/Sibley Volcanic) (Zones of Benefit) Resolution No. 2020 – 05 - 104 (attached)

p. Adoption of Resolution of Intention to Order Improvements, Grant Preliminary Approval to the Draft Engineer’s Report, Establish Date of Public Hearing and Instruct the Clerk of the Board to Provide Appropriate Public Notice of Hearing: East Contra Costa County Landscaping and Lighting Assessment District (ECCC-1 LLD) Resolution No. 2020 – 05 - 105 (attached)

2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION

By motion of Director Coffey, and seconded by Director Waespi, the Board voted unanimously to approve the Item 2a.

Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: Beverly Lane. Directors Absent: None.

a. Authorization to Appropriate Funds for the Repair Swim Lagoon Project: Contra Loma Regional Park Resolution No. 2020 – 05 - 106 (attached) Approved Minutes Board Meeting of May 19, 2020

Kristina Kelchner, AGM Acquisition Stewardship Division, opened with background information on each of the four projects presented at the meeting. Lisa Goorjian, Chief of Design, said that the Park District has a goal of outreach and teaching children how to swim, which is a recreational and public health issue. Goorjian’s PowerPoint reminded the Board that the lagoon was built in 2003 to replace lake swimming. Contra Costa Water District (CCWD) manages the lake reservoir adjacent to the lagoon. The District is responsible for the operation and maintenance of the lagoon which has well over 60,000 visitors annually. This facility has sand which wears the surface. The work to be done is to repair the surface. In its current state, it creates visibility issues for the lifeguards. This is a critical project and needs to be with a third party. This will extend the life of the lagoon another 8-10 years.

Director Lane asked if staff has talked to Contra Loma or the Water Bureau for help with the $725,000 cost. Lane added because the water district made the decision to end swimming in the reservoir years ago due to a problem with water quality (with no scientific proof) when the lagoon was constructed. Lane suggested the water district is partly responsible to help with major improvements. General Manager Doyle replied staff has not met with CCWD. the District has received two grants from the Water Bureau for over $100,000. Staff can bring up to the CCWD that the District would appreciate a contribution from the water district during a liaison committee meeting. GM Doyle added that that CCWD is faced with millions of dollars to repair the canal system, and it depends on the interest of their board if they want to partner with the District. Director Coffey said the lagoon is sorely missed and asked Goorjian if she could forecast when it may be opened and the time frame. Goorjian answered the lagoon area will remain closed while the work is being completed. GM Doyle stated this is a good time to do the repair, and perhaps by late summer/fall it will be ready to open. Director Waespi said it is good to provide this recreation in the heat of East County and to get the work done as quickly as possible.

President Corbett said she is thankful for the advocacy of the lifeguards for the repair to ensure the lagoon is safe. Corbett asked if staff are confident that the contractor can follow the schedule and be open by end of summer. Goorjian replied staff have the ability to enforce liquidated damages for being nonresponsive, or for not meeting the construction schedule. Lane said the project is one that needs to be pursued, but she is disappointed staff had not talked to them about helping to defray the expensive project costs. GM Doyle stated this facility was not a grant, but a settlement from a lawsuit to mitigate impacts of the lake being closed. Lane mentioned that Jerry Kent former AGM Operations wanted to have sand at the lagoon. Sand does have corrosive qualities and staff should be reminded of this for future repairs in decades to come.

By motion of Director Waespi, and seconded by Director Rosario, the Board voted unanimously to approve the Item 2b.

Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.

b. Authorization to Execute a Contract with Upright Engineering, Inc. for Consulting Services and Transfer and Appropriate Funds to the Restore Hayward Marsh (Former USD Treatment Marsh) Project: Hayward Regional Shoreline Resolution No. 2020 – 05 - 107 (attached)

Matt Graul, Chief of Stewardship gave opening remarks about the marsh. The marsh was built in dry conditions as a wastewater treatment marsh. There is currently a very successful Lease Tern project on this marsh. Chris Barton, Environmental Programs Manager, presented a PowerPoint that described this 145-acre marsh. He reported since USD has stopped discharges, staff plan to restore the marsh. The District is planning for sea level rise, habitat resiliency and enhancement of the wildlife habitat. Snowy plover, ridgeway rail and lease Approved Minutes Board Meeting of May 19, 2020 tern are a part of the habitat. Barton outlined the tentative 2-year project schedule. Director Waespi stated this is a project that needs to be done. He asked if there is any obligation for the neighbors to help with funding this project. Barton answered the plan for public access and planning for sea level rise is to ensure access to the park first. Waespi said access is limited in some of the fenced off ponds due to the wastewater, now that it is no longer being released when can the fences be removed? Graul replied they can be removed, but access is seasonal due to bird nesting. Corbett said this is a great opportunity to create more habitat and opens up new opportunities for environmental education to support the families of Hayward and students at Chabot College. Corbett commented that this project will also go a long way to ensure the waters have more circulation to help with mosquito population.

By motion of Director Corbett, and seconded by Director Rosario, the Board voted unanimously to approve the Item 2c.

Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.

c. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the San Francisco Bay Trail at Doolittle Drive and Approval of the Project: Martin Luther King, Jr. Regional Shoreline Resolution No. 2020 – 05 - 108 (attached)

Brian Holt, Chief of Planning and GIS, oriented the Board to the project location and provided the project objectives. Holt explained this is a priority project for the city of Oakland to provide connectivity to the shoreline. Due to COVID-19, social inequity and disadvantaged communities’ the lack of park access has been exposed. This area is identified as a disadvantaged community. Holt went through some of the details of the project. Holt said staff received six public comments and have provided responses. Director Lane commented she is pleased to see the project move forward, and to be able to work with Caltrans has been good. Lane asked if Oakland has funds they would like to contribute. Holt replied staff haven’t discussed this yet, but there is a grant being considered. With the completion of CEQA, staff can finalize the design and build the funding package. Corbett asked the amount of the grant the District is seeking, and is there money set aside for the grander scale project? Holt answered $750,000 and there is more money allocated. Director Rosario asked about using the new marsh as mitigation. Kelchner said that Audubon and the Regional Board want more detail about the mitigation, and staff are not at that stage in the process yet. Staff will apply for permits through the Regional Board and will get input about what they want to see. GM Doyle said this project is competitive for CA Transportation funding and Caltrans is our partner. Rosario said he thinks it is a good idea to solicit comments at the beginning.

President Corbett called for a 15-minute break.

President Corbett requested that the report under General Managers Comments be carried over to the next Board meeting – June 2, 2020.

By motion of Director Echols, and seconded by Director Lane, the Board voted unanimously to approve the Item 2d.

Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.

Approved Minutes Board Meeting of May 19, 2020 d. Authorization to Award a Construction Contract with GradeTech, Approve a Construction Contingency and Amend a Contract Adriene Wong Associates for Develop Brickyard Cove: McLaughlin Eastshore State Park Regional Shoreline Resolution No. 2020 – 05 - 109 (attached)

GM Doyle introduced this item by giving background on the park. He reminded the board that this is a state park and money is coming out of the Districts Measure FF funds. GM Doyle negotiated a one-time grant with the CA State Parks Director Jackson and Senator Loni Hancock and the District received a 5million dollar grant which was critical for development. There have been some crime incidents along the Eastshore. GM Doyle stated that in the future there will need to be an office at the park. Ren Bates, Capital Program Manager, began his presentation with the project location, site development, phase I improvements, public bidding process and funding. Director Echols expressed her excitement about this project. She commented that staff were able to take an area littered with construction debris and a giant dirt pile and create a beautiful park. Director Lane said she is pleased to see the project opening at the completion of Phase I. Director Waespi congratulated Ren Bates and staff on this great project. Waespi asked about the bay friendly landscaping certification and will there be interpretive signage highlighting the bay friendly landscaping. Bates replied there will be three interpretive panels. Director Rosario asked if there is any possibility to bring in non-potable water for irrigation. Bates said the distribution lines do not come that far up to tie into it. President Corbett added a big thank you to Senator Loni Hancock.

3. BOARD AND STAFF REPORTS

General Manager announced there are two actions by other jurisdictions in this report. Director Waespi asked if GM Doyle knew if the city of Fremont was taking action at their council meeting tonight to extend the parking restrictions adjacent to Stanford Avenue. GM Doyle said he is aware and the public comments from Kelly Abreu were correct. The District has made it clear staff will no longer patrol that area with our Public Safety officers and Fremont will have to hire the staff.

4. GENERAL MANAGER’S COMMENTS

President Corbett moved this report to the June 2, 2020 board meeting.

5. ANNOUNCEMENTS FROM CLOSED SESSION

District Counsel Victor said that are no announcements.

6. BOARD COMMENTS

Director Corbett reported on meetings attended. Director Corbett • Attended the EOC Meetings on Monday, Wednesday and Friday; • Attended the Executive Committee meeting; • Attending a planning meeting for a virtual walk and talk with Assemblyman Bonta; • Attended the ACSDA Meeting; • Attended the Alameda County Mayors Conference; • Attended the Public Safety virtual staff meeting; • Participated in filming a video at Crown Beach; • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting; • Participated in a briefing with ASD; • Attended the Ad Hoc GM transition meeting. Corbett thanked the entire staff for the amazing work being done by all.

Approved Minutes Board Meeting of May 19, 2020 Director Rosario reported on meetings attended. Director Rosario • Attended three COVID taskforce meetings; • Attended the Executive Committee meeting; • Attended the Asian Pacific American Caucus of the California League of Cities on Asian discrimination; • Met with Deputy GM Alvarez and cleaned a restroom at the Skyline Gate; • Attended two UCSF park guidance webinars; • Attended the Oakland Firesafe council meeting; • Had a telephone meeting with Robin Freeman, San Leandro Creek Alliance; • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting; • Attended the Oakland DD meeting. Director Rosario thanked Lisa Goorjian, Ren Bates and Matt Graul for meeting about McCosker.

Director Lane reported on meetings attended. Director Lane • Sat in on the Executive Committee meeting as a YouTube observer; • Attended Contra Costa County Mayors Conference on zoom; • Attended a zoom meeting with LARPD; • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting. Lane walked in Las Trampas, Sycamore Valley, Morgan Territory, Round Valley which doesn’t allow dogs because of kit fox, Public Safety brought one of their signs to alert the public of this information. Lane is pleased with the plan to open Pt. Isabel. She is interested in District plans on picnic tables since public is not more active in the park. She expressed interest in the Roddy Ranch house since the Roddy’s have moved. Lane thanked staff for their work.

Director Coffey reported on meetings attended. Director Coffey • Attended two UCSF park guidance webinars; • Attended the Contra Costa Watershed Forum; • Attended Supervisor Burgis’ forum on the Marsh Creek Morgan Territory Fire Season; • Attended the zoom CCSDA meeting; • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting. Coffey commented on the great educational information on the District’s website from the Interpretive department. Coffey visited parks in Ward 7 and Lone Tree.

Director Waespi reported on meetings attended. Director Waespi • Attended the three COVID Taskforce meetings; • Attended the Legislative Committee phone conference with Swalwell; • Attended the ACSDA zoom meeting; • Met with Kristina Kelchner, Chris Barton, Lisa Goorjian and Matt Graul of ASD; • Attended the GM Ad Hoc Succession meeting; • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting; • Attending the two-day CARPD Conference on zoom. The District is receiving three awards. Waespi has been hiking in the parks and things are getting better.

Director Wieskamp reported on meetings attended. Director Wieskamp • Telephone meeting with the CALEA representative on May 6th; • Attended the zoom Executive Committee meeting; • Attended the zoom LARPD meeting; • Attended the zoom ACSDA meeting; • Attended the zoom LAFCO meeting; • Attended the zoom PAC meeting; Approved Minutes Board Meeting of May 19, 2020 • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting. Director Wieskamp commented on her conversations with her supervisors and remarked about the eagle pair at Ardenwood.

Director Echols reported on meetings attended. Director Echols • Attended a meeting with Fire Chief Theile and Asst Fire Chief Gallup to discuss the fire season on the 18th; • Attended a meeting on the 19th with Carol, Thiele and Gallup; • Attended the 10th Annual Albany Film Festival on zoom including the children’s matinee; • Participated in a planning discussion with staff to practice the Board’s live zoom video meeting. Director Echols thanked Kelchner and her team for meeting with her.

E. ADJOURNMENT

President Corbett adjourned the meeting at 4:23 p.m.