Approved Minutes Board Meeting of April 6, 2021
The Board Meeting, which was held April 6, 2021 at East Bay Regional Park District, 2950 Peralta Oaks Court, Oakland, CA 94605 called its Closed Session to order at 11:00 a.m. by Board President Dee Rosario.
ROLL CALL
Directors Present: Dee Rosario, President Colin Coffey, Vice President Beverly Lane, Treasurer Dennis Waespi, Secretary Ayn Wieskamp Elizabeth Echols Ellen Corbett Directors Absent: None.
The Open Session of the Board Meeting was called to order at 1:03 p.m. by President Rosario.
Staff Present: Sabrina Landreth, Carol Victor, Ana Alvarez, Debra Auker, Anthony Ciaburro, Jim O’Connor, Carol Johnson, Allyson Cook, Jonathan Hobbs, Dave Mason, Lance Brede, Erich Pfuehler, Aileen Thiele, Tiffany Margulici, Alan Love, Ren Bates, Katy Hornbeck, Mary Mattingly, Matthew James, Sydney Erickson (PrimeGov), Kristine Kelchner, Jeff Rasmussen, Michelle Strawson O’Hara and Finance staff. Guests: Peter Umhofer, E2 Straegies.
PLEDGE OF ALLEGIANCE
President Rosario asked Director Corbett to lead the Board in the Pledge of Allegiance. Director Corbett acknowledged the Huichin who came long before and were the caretakers of the beautiful lands along the grassy hillsides of the East Bay stretching from Berkeley to the South. The Huichin cared for the wetlands and the shoreline. Corbett stated she appreciated them for understanding the importance of stewardship of the land and thanked President Rosario for the opportunity to acknowledge the peoples of the area she represents.
President Rosario 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. Clerk of the Board announced the three ways in which the public could participate in the meeting. President Rosario asked if the Board members had any questions about the meeting process. There were none.
A. APPROVAL OF THE AGENDA
By motion of Director Lane, and seconded by Director Wieskamp, the Board voted unanimously to approve the agenda.
Directors Remote: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi and Ayn Wieskamp. Directors Against: None. Directors Absent: None.
Approved Minutes Board Meeting of April 6, 2021
B. PUBLIC COMMENTS
Clerk Knight announced that there were 16 citizens slated to speak. The following members of the public addressed the Board on supporting the renaming of the Concord Hill Regional Park to the Thurgood Marshall Regional Park: Home of the Port Chicago 50. Dr. Dawn Nwamuo M.D. and Marquita Price, Black Cultural Zone, and Willie Mims, NAACP East County. Lewis Thrower and Lewis Wills Board members of Citizens for Historical Equity read letters of support. Rev. Diana McDaniel, President of Friends of Port Chicago read a letter written by Robert L. Allen, author of The Port Chicago Mutiny. Dennisha Marsh, Chair, Pan African American Achievement Collaborative Team (PAACT), Yulie Padmore, The Black Employee Collective's (BEC), and Constance Taylor, AFSCME read statements on the naming recommendation. Clerk Knight read United War Veterans Council Wilfred Scott's naming recommendation statement into public comment. Steve Sheinkin, author of The Port Chicago 50: Disaster, Mutiny, and the Fight for Civil Rights commented the park naming will change the narrative for African Americans by exemplifying a positive and excellent leader who played an instrumental role in promoting racial equality. A petition of over 850 citizens was endorsed by regional organizations, churches, museums, veterans, and historians, the Black Employee Collective of the East Bay Regional Park District, Workforce Diversity committee, regional NAACP branches, Black Cultural Zone, Black Mecca Museum, Richmond Historical Society, Martin Luther King Jr. Freedom Center in support of the name change which will give voice to the patriots who lost their lives in the explosion and bring renewed contexts to enhance and serve their legacy.
Chris Newey, President AFSCME responded to an email that the District sent out to honor the Cesar Chavez holiday reminding all that Local 2428 had to give up Columbus Day during the 2013 negotiations to gain the Cesar Chavez Day as a District holiday. Newey stated that earlier this year, employees approached the Board asking to pass a resolution to celebrate Juneteenth as a District holiday with paid time off for staff and maybe waive parking fees or some gesture for the public in order to honor the end of slavery. AFSCME and the District are currently bargaining, and the District’s representatives are asking AFSCME to sacrifice Lincoln's birthday, to get Juneteenth. According to Ralph Andersons & Associates study, the East Bay Regional Park District was third from last in total number of holidays offered to its employees. Newey asked how the District can continue to talk about the importance of diversity, equity and conclusion and offer little to no equity to the employees. He asked the District to offer equitable amounts of holidays to the workforce and to honor Juneteenth as a paid District holiday and publicly honor Juneteenth as an important historic day.
Cecilia Theis was unable to offer public comment due to phone issues. Clerk Knight suggested Theis send an email to the Board. Becky Robinson, President and Founder of Alley Cat Allies sent an email which included a letter regarding the feral cat policy.
Jennifer Bossett talked about her difficulty getting a reservation at Tilden Park’s Little Farm and her disappointing customer service experience with a Reservations department staff person.
Director Coffey commented his concern with the historical inaccuracy of the Concord Hills land because the land that the District owns wasn't the home of the Port Chicago 50, it was added to the base after the war ended. Coffey asked when this naming is coming next to the Executive Committee meeting. GM Landreth replied a date has not been set yet, but a date will be provided as soon as possible. Director Corbett asked the Clerk to try again to make a connection with Cecilia Theis. Knight called on Ms. Theis who was unable to connect to speak. The Clerk suggested again that Ms. Theis send an email.
C. SPECIAL UPDATE
1. General Manager’s Update on the Status of the East Bay Regional Park District Emergency During the COVID-19 Pandemic and the Reoperation Plan for 2021.
Approved Minutes Board Meeting of April 6, 2021 General Manager Landreth gave a brief update and Jim O’Connor, AGM of Operations walked the Board through more specifics. GM Landreth stated the Governor announced that Contra Costa has officially moved into the orange tier which means that as of today both counties are officially orange, and June 15th is a target date to reopen the state. Details are forthcoming, masks will continue to be mandatory and there will be restrictions on some indoor activities. Landreth stated that the District will continue to promote and encourage District staff to get their vaccine. Landreth thanked staff for their tremendous work and stated she would like to maximize reopening in a safe manner for District staff and the public. AGM O’Connor reported this is an evolving situation with the new state guidelines. The District is working to reopen and this past week several of the visitor centers were reopened at 25% capacity.
D. BUSINESS BEFORE THE BOARD
1. CONSENT CALENDAR
By motion of Director Lane, and seconded by Director Wieskamp, the consent calendar was unanimously approved.
Directors For: Colin Coffey, Ellen Corbett, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Recused: Elizabeth Echols.
g. Authorization for Construction-Related PG&E Utility Payments and Associated Agreements for Two Projects: the Renovate Water Treatment System Project and the Develop Brickyard Cove Project: Del Valle Regional Park and McLaughlin Eastshore State Park Regional Shoreline Resolution No. 2021 – 04 - 077 (attached)
Director Echols recused herself because PG&E is a regulated entity by the Public Utilities Commission (PUC) and she is the Executive Director of the Public Advocate’s office. Echols stated that while the Public Advocate's office is independent of the PUC, the Public Advocate’s Office has a relationship with the PUC.
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By motion of Director Corbett, and seconded by Director Wieskamp, the balance of the consent calendar was unanimously approved.
Directors For: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None.
a. Approval of District Check Listing for the Period of February 15, 2021Through February 28, 2021 Resolution No. 2021 – 04 - 078 (attached)
b. Approval of the Minutes for the Board Meeting of March 16, 2021
c. Resolution to Support AB 1500 (Garcia D-Coachella) – Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation and Workforce Development Bond Act of 2022 Resolution No. 2021 – 04 - 079 (attached)
Approved Minutes Board Meeting of April 6, 2021 d. Resolution Denouncing Racism, Xenophobia, and Violence Against Asians, Asian Americans, and Pacific Islanders and Reaffirming the East Bay Regional Park District’s Commitment to a Safe, Welcoming, and Inclusive Workplace and Park System Resolution No. 2021 – 04 - 080 (attached)
Kelly Abreu commented on item D and E. Abreu remarked that some directors know they're not allowed to discuss items and it would be nice if District staff knew they're not allowed to carry out actions in response to direction from one of those unpermitted discussions. Abreu said that the resolutions reject physical barricades that exclude local visitors from walking into the regional parks and put public health first during this pandemic, they radically reorder the legal environment to conform with the basic philosophy and history of jurisprudence. Abreu urged the Board to vote yes on these two resolutions.
GM Landreth said that during this time of horrific anti-Asian violence and racism, she appreciates this resolution being brought forward and wants to make sure the District has an inclusive and safe workplace for everybody and to celebrate the rich diversity of our region.
Director Rosario requested that each of the Board Directors read the Resolution into the record out loud. Rosario stated his appreciation to the Board for stepping up on behalf of Asian-Americans and Pacific Islanders in this recent spate of discrimination and active acts of hate.
e. Resolution Reaffirming the Existence of a Local East Bay Regional Park District Emergency Resolution No. 2021 – 04 - 081 (attached)
f. Authorization of Adoption of Agreement for Participation in Alameda County Operational Area Emergency Management Organization Resolution No. 2021 – 04 - 082 (attached)
h. Authorization to Award a Contract to “Rootid Nonprofit Communications” for Custom Website Redesign and New Content Management System Resolution No. 2021 – 04 - 083 (attached)
Director Lane commented Item h is a timely item. Lane asked if staff can increase the font size on the website and to use appropriate colors to help seniors with poor vision. Lane stated it is important that the website is not only attractive, but legible for everyone to see.
i. Authorization to Purchase One Bobcat Toolcat 5600 from the Bobcat Company as an Addition to the Fleet Resolution No. 2021 – 04 - 084 (attached)
j. Authorization to Purchase Three Ford Vehicles from Downtown Ford Sales for Public Safety Vehicle Replacements and Appropriate General Fund EBMUD/JPA Restricted Funds Resolution No. 2021 – 04 - 085 (attached)
k. Authorization to Amend a Contract for Services with Gray-Bowen-Scott for Active Transportation Program Grant Administration Services for the Pinole Shores to Bayfront Park Trail Segment: San Francisco Bay Trail Resolution No. 2021 – 04 - 086 (attached)
L. Acceptance of Completion of San Francisco Bay Trail: Pinole Shores to Bayfront Park Construction for the Active Transportation Program Grant from the California Department of Transportation: San Francisco Bay Trail Resolution No. 2021 – 04 - 087 (attached)
Approved Minutes Board Meeting of April 6, 2021
m. Authorization to Apply to the Association of Bay Area Governments for Grants from San Francisco Bay Trail Grant Program, District-wide Resolution No. 2021 – 04 - 088 (attached)
n. Authorization of Quagga/Zebra Mussel Infestation Prevention Grant Program Application and Funding Agreements: District-wide Resolution No. 2021 – 04 - 089 (attached)
2. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION
By motion of Director Wieskamp, and seconded by Director Lane, the Board voted unanimously to approve the Item 2a.
Directors Remote: Colin Coffey, Ellen Corbett, Elizabeth Echols, Beverly Lane, Dee Rosario, Dennis Waespi, Ayn Wieskamp. Directors Against: None. Directors Absent: None.
a. Authorization to Execute a Contract with Belfor Property Restoration and Degenkolb Engineers Inc.; Acceptance and Appropriation of a Partial Payment of Insurance Funds from PRISM; and Appropriate and Transfer Funds for the Response to Vasco Shop Fire Project: Vasco Hills Regional Preserve Resolution No. 2021 – 04 - 090 (attached)
District Counsel, Carol Victor introduced this item and Ren Bates, Capital Programs Manager gave the presentation. Bates’ PowerPoint presentation focused on the project location and history. On June 16, 2020, a fire destroyed the workshop causing smoke damage to the stables and additional existing infrastructure that the Park District uses. Bates showed the extensive damage which required a full demolition of the shop and stable buildings. The District's insurance provider deployed Belfor, a contractor that does restoration projects and is approved by the insurance provider to begin demolition. Belfor pulled the permits, the site was cleaned up and the project is beginning to move forward. Bates walked the Board through photos of the shop prior to the fire, with fire damage, and after the fire. Director Corbett asked if the insurance company will eventually pay for all the costs for the rebuilding of these facilities or will it need to be supplemented with general fund dollars? District Counsel Victor replied that insurance will pay minus the $25,000 deductible and it is expected the insurance will pay for the replacement buildings. Corbett inquired how the fire started and if there is a requirement for sprinklers. Bates said the fire investigator concluded that there was a bad compressor in the refrigerator that was in the shop and it overheated. Director Wieskamp thought that the question about the sprinklers a good one and it would helpful for the safety of the horses that are left over overnight with no one on site. Bates replied staff will ensure that the facility is safe for both the horses and the staff and the improvements will keep them safe from future actions. Wieskamp added staff has done a good job with this much needed facility and thanked staff for putting a very complicated resolution together. Director Lane thanked staff for this presentation and this action.
3. GENERAL MANAGER
a. Review of Park District Federal Priorities for 2021 in Preparation for Virtual Meetings with Federal Legislator GM Landreth introduced this item and Erich Pfuehler, Chief of Government and Legislative Affairs. Pfuehler outlined the topics of discussion with federal legislators which will be held virtually the next week. The presentation went through the priorities and how the meetings will be structured. E2 Strategies Principal
Approved Minutes Board Meeting of April 6, 2021 Peter Umhofer and Lisa Baldinger were co-presenters. Pfuehler acknowledged Yulie Padmore and Fallon Stucki for their work on the meetings. Pfuehler began with a detailed overview of 2021 federal advocacy visit scheduled for April 14 - 15, 2021 and discussed the agenda. Topics to be discussed with legislative offices will be Forest Health and Wildfire Protection, Connecting Communities BUILD Grant, Infrastructure Economic Recovery, Conservation Corps Youth Employment and COVID 19 Relief Funding. Each board member will receive a memo and an overview agenda for the meetings. Director Lane asked when the Point Pinole Corp Yard utilities will be connected and can the District fold in anything to assist our internal corporation yards. Pfuehler suggested park infrastructure would be a specific conversation that can be had with Rep. Mark DeSaulnier about this facility. Earmarks are being brought back which is a possible avenue to ask for a direct appropriation. Lane commented it would be appreciated because staff has probably been living with an inadequate corporation yard for decades.
Director Corbett asked if the Board will have a more specific briefing about the Biden Infrastructure Plan and how will District projects link in with that. Pfuehler responded he would be happy to provide a briefing either to the Legislative committee or to the full Board. There will be additional opportunities since we're doing the virtual meetings next week, it is just making sure that we're eligible and not excluded. Corbett hoped there'll be some additional information shared with us by our elected officials at these meetings. Corbett commented she heard there will be great opportunities coming to all over the country, especially California to take care of infrastructure needs. President Rosario asked if Lake Temescal and Jewel Lake are eligible as restoration projects. Pfuehler responded that he saw no reason why it wouldn't. Peter Umhofer said it would most likely be eligible, but the scope and scale of the legislation is still being shaped in real time and will be determined as it moves its way through the legislative processes.
Director Corbett asked that as the bill develops will Umhofer be able to share the major subject areas so staff can focus towards projects for those? Umhofer replied yes and added there's talk about earmarks, not only in the appropriations bill process, but also earmarks potentially in the infrastructure, transportation bill process that have not been worked out yet. The White House’s infrastructure plan is all encompassing in terms of across the economy, the needs for the country and down to the very local level from wastewater infrastructure to broadband, traditional transportation and everything else. Corbett asked what's been added. Umhofer replied literally every sector of the economy is in the plan to start with and it's only a matter of what's in part one and what's in part two. Director Echols thanked the team for putting together the schedule. Echols asked if we would have the opportunity to meet with the Department of Transportation and Interior. Pfuehler replied staff are still putting the schedule together. Lane said that she will be attending the California Trails and Greenways Conference during this same time and would like to know early when the meeting with Rep. DeSaulnier is scheduled. Umhofer replied the meeting is on April 15th at 2:00 pm EST.
President Rosario thanked the Legislative team for their efforts to coordinate the meetings.
4. BOARD AND STAFF REPORTS
a. Actions Taken by Other Jurisdictions Affecting the Park District
GM Landreth reported on items in this report.
5. GENERAL MANAGER’S COMMENTS
STAFF PRESENTATION a. Assistant Finance Officer Michelle Strawson O’Hara will present an update on the Finance Department’s progress in transitioning to a remote working environment during the COVID-19 pandemic.
Approved Minutes Board Meeting of April 6, 2021 Acting AGM Finance, Jeff Rasmussen introduced this presentation. Michelle Strawson O’Hara, AFO, presented an overview of the District wide services provided by the Finance department and highlighted some of the innovations and accomplishments achieved over last year.
Strawson O’Hara reported there are 20 staff members in Finance with the largest group being Accounts Payable. O’Hara introduced Finance staff present at the Board meeting and recognized her staff for the significant contributions they made over the past year. Highlights of this presentation included the Achievements from the Government Finance Officers Association for Budget and Excellence in Financial Reporting and the California Municipal Treasurers Association for its investment policy. The Park District’s innovations in technology over the past few years greatly contributed to a smooth transition when staff moved to remote work last year at the onset of the pandemic. All employees are set up with direct deposit or pay cards. The payroll process is now 100% paperless as is invoice processing and the auditors from Brown Armstrong last year conducted all their final field work and tested their procedures remotely. Finance worked closely with the HR department with payroll processing and implementing new laws and the Families First Coronavirus Response Act. Finance worked with Operations on processing refunds for canceled summer programs, with Public Safety, with the Regional Park Foundation to administer the membership sales at select parks, manage the grant tracking for ongoing capital needs, and assisted Lifeguard Services with their onboarding of seasonal lifeguards. Finance is especially grateful to the ISDN department for supporting Finance in all these endeavors. Despite COVID, the Finance department consistently presents strong financial and budget reporting and is on the cutting edge with technological innovations.
Director Corbett said it is a pleasure to serve on the Finance committee. The story of the Finance department being able to pivot from being in the office to working remotely, and the ability to continue to accomplish so much is extraordinary.
6. BOARD COMMITTEE REPORTS
a. Finance Committee (2/26/2021) (Lane) b. Operations Committee (2/18/2021) (Corbett) c. Operations Committee (1/21/2021) (Corbett)
7. ANNOUNCEMENTS FROM CLOSED SESSION
Interim General Manager Carol Victor stated were no announcements from closed session.
8. BOARD COMMENTS
Director Rosario reported on meetings attended. Director Rosario • Attended the Board meeting 3/16; • Attended the EBMUD Moraga update 3/16; • Met with Director Corbett and Clifford Moss, Consultant on Measure FF debrief; • Attended the Legislative Committee meeting 3/19; • Attended the CPRS Conference on 3/22 – 3/25; • Attended the Board Workshop 3/26; • Attended the Adobe House restoration talk in Orinda 3/31. Rosario commented that the 2021 CPRS conference he attended was probably the best. Rosario stated he was incredibly inspired by the speaker; Haben Girma, a deafblind immigrant from Eritrean. She came as a young child and 30 years later graduated from Harvard with a law degree. She gave incredible insights as to what it's like to be both blind and deaf and a person of color.
Approved Minutes Board Meeting of April 6, 2021 Director Lane reported on meetings attended. Director Lane • Met with a high school student from Northgate in Walnut Creek who was doing a special senior project on the Park District; • Attended the Board meeting 3/16; • Attended the 1-on-1 with GM Landreth 3/17; • Attended the PAC meeting 3/22; • Attended the Board Workshop 3/26. Lane spent time researching about how she talks about the narratives of the Spanish invasion and the Indian tribes as a member of the Anza Trail Foundation Board. Lane listened to a program on Indian Tourist associations which was presented by Andy Galvin, curator of Mission Dolores. Lane attended Hike the Hill with the Partnership for the National Trail system virtually. Lane expressed her concern about the closing of the Pickering entrance access to Vargas.
Director Waespi reported on meetings attended. Director Waespi, • Attended the Board meeting 3/16; • Attended the CARPD 3/17; • Met 1-on-1 with GM Landreth and hiked at Roberts; • Attended the Legislative Committee meeting on 3/20; • Attended the Board Workshop 3/26; • Attended the Ecology Committee meeting on 3/29. Waespi said he was concerned that the closure of Pickering entrance was caused because some neighbors complained, and at the last Board meeting several members of the public attended and complained they wanted the entrance back open. Waespi hiked around Lake Chabot.
Director Wieskamp reported on meetings attended. Director Wieskamp • Attended the Board Meeting 3/16; • Attended the Operations Committee meeting 3/18; • Attended the Legislative Committee meeting 3/19; • Attended a meeting with Mayor of Livermore, Bob Warner 3/22; • Attended the Board Workshop 3/26. Wieskamp had a conversation with one of my park supervisor, Gordon Wylie. They discussed Pickering gate entrance agreeing that we need to get it open but we need to do it properly.
Director Echols reported on meetings attended. Director Echols • Attended the Board Meeting 3/16; • Attended the Operations Committee meeting 3/18; • Attended the Board Workshop 3/26. Echols thanked Director Rosario for the opportunity to recognize the indigenous peoples of the Park District in our area. It provided her the opportunity to do a little research, and to learn about the indigenous contributions. Echols said she was pleased that Asm. Rob Bonta who swore in the new Board members this year, is about to become the Attorney General of the state of California. She congratulated him and hoped he will continue his connection with the Park District.
Director Coffey reported on meetings attended. Director Coffey • Attended a session of the John Deere Land Trust 3/16; • Attended the Board Workshop 3/26; • Attended the American Rivers Organization as a guest speaker 3/27; • Attended the Ecology Committee meeting on 3/29; • Attended a meeting with the Rodeo Sanitary District on 3/29; • Attended an event hosted by Congressman DeSaulnier where guests were Adam Schiff, and Congressman George Miller 3/31;
Approved Minutes Board Meeting of April 6, 2021 • Attended a virtual meeting with Mike Thompson; • Attended a meeting with President Rosario and GM Landreth to help plan for the next board meeting. Coffey explained that the American Rivers Organization is a nonprofit devoted to rivers streams and creeks, restorations and preservations. The event was for planting trees along the three creeks project in Brentwood this weekend. Visited Carquinez Straight Shoreline where there's about 20 acres, give or take of a eucalyptus plantation that are suffering from the die off.
Director Corbett reported on meetings attended. Director Coffey • Attended the Board Meeting 3/16; • Attended the Operations Committee meeting 3/18; • Had my 1-on-1 with GM Landreth 3/19; • Attended a briefing on Pt. Molate with GM, D. Counsel, ASD Kelchner, Holt and Dougan 3/22; • Met with Erich Pfuehler and Lisa Baldinger on 3/25; • Attended Board Workshop 3/26; • Attended an elected official’s briefing on 3/31. Corbett thanked the GM and AGM O'Connor for extending the time to keep South Park Drive closed from April 1st to June 1st because so many people during the pandemic have found this to be an incredibly great place to walk, to bike and to take their kids.
E. ADJOURNMENT
President Rosario thanked staff for their presentations and gave special thanks to the members of the public that came today to speak. He stated all issues are very important he is glad to hear their concerns, and he’s certain the Board will take the comments to heart.
Clerk Knight announced that although Cecilia Theis was unable to speak during the meeting she sent an e- mail which will be forwarded to the Board.
President Rosario reminded all to continue to stand up in the face of discrimination and hate. Be kind to everyone. The meeting was adjourned at 3:24 pm.
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