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BOARD OF DIRECTORS Board Meeting Agenda September 21, 2021

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Page 1: BOARD OF DIRECTORS Board Meeting Agenda

BOARD OF DIRECTORS

Board Meeting Agenda

September 21, 2021

Page 2: BOARD OF DIRECTORS Board Meeting Agenda

SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION AT THE EAST BAY REGIONAL PARK DISTRICT BOARD OF DIRECTORS MEETING SCHEDULED FOR TUESDAY, SEPTEMBER 21, 2021 at 1:00 pm

Pursuant to Governor Newsom’s Executive Order No. N-29-20, the East Bay Regional Park District Headquarters will not be open to the public and the Board of Directors and staff will be participating in the Board meetings via phone/video conferencing. Members of the public can listen and view the meeting in the following way: Via the Park District’s live video stream which can be found at https://youtu.be/9C1IMWkOHWs Public comments may be submitted one of three ways:

1. Via email to Yolande Barial Knight, Clerk of the Board, at [email protected]. Email must contain in the subject line public comments – not on the agenda or public comments – agenda item #. It is preferred that these written comments be submitted by Monday, September 20, 2021 at 3:00 pm.

2. Via voicemail at (510) 544-2016. The caller must start the message by stating public

comments – not on the agenda or public comments – agenda item # followed by their name and place of residence, followed by their comments. It is preferred that these voicemail comments be submitted by Monday, September 20, 2021 at 3:00 pm.

3. Live via zoom. If you would like to make a live public comment during the meeting this

option is available through the virtual meeting platform: *Note: this virtual meeting platform link will let you into the https://zoom.us/j/85261993903 virtual meeting for the purpose of providing a public comment. If you do not intend to make a public comment please use the YouTube link at: https://youtu.be/9C1IMWkOHWs to observe the meeting. It is preferred that those requesting to speak during the meeting contact the Clerk of the Board at [email protected] by 3:00 pm on Monday, September 20, 2021 via email or voicemail (510) 544-2016 to provide name and the subject of the public comment or item to be addressed.

Comments received during the meeting and up until the public comment period on the relevant agenda item is closed, will be provided in writing to the Board of Directors, included transcribed voicemails. All comments received by the close of the public comment period will be available after the meeting as supplemental materials and will become part of the official meeting record. If you have any questions please contact Yolande Barial Knight, Clerk of the Board, at [email protected] or (510) 544-2020.

Page 3: BOARD OF DIRECTORS Board Meeting Agenda

MEMO to the BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT The Regular Session of the TUESDAY, SEPTEMBER 21, 2021 Board Meeting is scheduled to commence via teleconference at 1:00 p.m. Park District’s live video stream can be found at:

https://youtu.be/9C1IMWkOHWs

Respectfully submitted,

SABRINA B. LANDRETH General Manager

Clerk of the Board

YOLANDE BARIAL KNIGHT

(510) 544-2020 PH (510) 569-1417 FAX

East Bay Regional Park District

Board of Directors

DEE ROSARIO President - Ward 2

COLIN COFFEY Vice President - Ward 7

BEVERLY LANE Treasurer - Ward 6

DENNIS WAESPI Secretary - Ward 3

ELIZABETH ECHOLS Ward 1

ELLEN CORBETT Ward 4

AYN WIESKAMP Ward 5

SABRINA B. LANDRETH General Manager

2950 Peralta Oaks Court Oakland, CA 94605-0381

(888) 327-2757 MAIN (510) 633-0460 TDD (510) 635-5502 FAX ebparks.org

Page 4: BOARD OF DIRECTORS Board Meeting Agenda

AGENDA

REGULAR MEETING OF SEPTEMBER 21, 2021 BOARD OF DIRECTORS EAST BAY REGIONAL PARK DISTRICT 11:00 a.m. ROLL CALL (Virtual)

PUBLIC COMMENTS CLOSED SESSION A. Conference with Labor Negotiator: Government Code Section 54957.6

1. Agency Negotiators: Sabrina B. Landreth, Ana M. Alvarez,

Allyson Cook Employee Organizations: AFSCME Local 2428,

Police Association Unrepresented Employees: Managers, Confidentials and Seasonals

B. Conference with Legal Counsel:

1. Anticipated Litigation - Government Code Section 54956.9:

a) Initiation of litigation pursuant to Government Code section 54956.9(c): 1 case

C. Conference with Real Property Negotiator Regarding Price and/or Terms of Payment: Government Code Section 54956.8

1. Agency Negotiators: Kristina Kelchner, Michael Reeves

PROPERTY OWNER/ APN/ADDRESS NEGOTIATING PARTIES PARK/TRAIL Contra Costa County

078-050-007-0 6301 Chadbourne Road, Brentwood

Civic Rancho Meadows LLC Deer Valley Regional Park

The Board of Directors of the East Bay Regional Park District will hold a regular meeting virtually, commencing at 11:00 a.m. for Closed Session and 1:00 pm for Open Session on Tuesday, September 21, 2021. Video Stream at: https://youtu.be/9C1IMWkOHWs Agenda for the meeting is listed adjacent. Times for agenda items are approximate only and are subject to change during the meeting. If you wish to speak on matters not on the agenda, you may do so under Public Comments at the beginning of the agenda. If you wish to comment on an item on the agenda, please send an email to [email protected] by 3:00 pm, Monday, September 20, 2021. A copy of the background materials concerning these agenda items, including any material that may have been submitted less than 72 hours before the meeting, is available for inspection on the District’s website (www.ebparks.org). Agendas for Board Committee Meetings are available to the public upon request. If you wish to be placed on the mailing list to receive future agendas for a specific Board Committee, please call the Clerk of the Board’s Office at (510) 544-2020. District facilities and meetings comply with the Americans with Disabilities Act. If special accommodations are needed for you to participate, please contact the Clerk of the Board as soon as possible, but preferably at least three working days prior to the meeting.

Page 5: BOARD OF DIRECTORS Board Meeting Agenda

1:00 p.m. OPEN SESSION (Virtual)

PLEDGE OF ALLEGIANCE

A. APPROVAL OF AGENDA B. PUBLIC COMMENTS Public comments may be submitted one of three ways:

1. Via email to Yolande Barial Knight, Clerk of the Board, at [email protected]. Email must contain in the subject line public comments – not on the agenda or public comments – agenda item #. It is preferred that these written comments be submitted by Monday, September 20, 2021 at 3:00 pm. These comments will NOT be read during the meeting but made a part of the final board packet.

2. Via voicemail at (510) 544-2016. The caller must start the message by stating public comments – not on the agenda or public comments – agenda item # followed by their name and place of residence, followed by their comments. It is preferred that these voicemail comments be submitted by Monday, September 20, 2021 at 3:00 pm. These comments will NOT be read during the meeting but will be made a part of the final board packet.

3. Live via zoom. If you would like to make a live public comment during the meeting this option is available

through the virtual meeting platform: *Note: this virtual meeting platform link will let you into the https://zoom.us/j/85261993903. virtual meeting for the purpose of providing a public comment. If you do not intend to make a public comment please use the YouTube link at: https://youtu.be/9C1IMWkOHWs

to observe the meeting. It is preferred that those requesting to speak during the meeting contact the Clerk of the Board at [email protected] by 3:00 pm on Monday, September 20, 2021 via email or voicemail (510) 544-2016 to provide name and the subject of the public comment or item to be addressed.

1:05 p.m. C. BUSINESS BEFORE THE BOARD

1. CONSENT CALENDAR

a. Approval of District Check Listing for the Period of July 19, 2021 Through August 8, 2021

(Auker/Landreth) (Resolution) (No Cost) b. Approval of the Minutes for the Board Meeting of September 7, 2021 (Barial Knight) (Resolution) (No Cost) c. Resolution to Support H.R. 2924 (Gomez D-CA) – Transit to Trails Act (Pfuehler/Landreth) (Resolution) (No Cost) d. Resolution to Support H.R. 2991 (Pappas D-NH) – Connecting America’s

Active Transportation System Act (Pfuehler/Landreth) (Resolution) (No Cost) e. Resolution to Support H.R. 4100 (Price D-NC) – Cultivating Opportunity

and Recovery from the Pandemic through Service (CORPS) Act (Pfuehler/Landreth) (Resolution) (No Cost) f. Resolution to Support S. 1370 (Durbin D-IL) and H.R. 3220 (Rush D-IL) –

Restore Employment in Natural and Environmental Work (RENEW) Conservation Corps Act

(Pfuehler/Landreth ) (Resolution) (No Cost)

Page 6: BOARD OF DIRECTORS Board Meeting Agenda

g. Resolution to Support S. 2258 (Hickenlooper D-CO) – Parks, Jobs and Equity Act

(Pfuehler/Landreth) (Resolution) (No Cost) h. Resolution to Support S. 2404 (Cortez Masto D-NV) – Western Wildfire

Support Act (Pfuehler/Landreth) (Resolution) (No Cost) i. Authorization to Transfer and Appropriate Funds for Land Acquisition

Department Projects: District-wide (Reeves/Kelchner) (Resolution) (No Cost) j. Authorization to Extend the East Bay Regional Park District’s 2021 COVID-

19 Supplemental Paid Sick Leave Policy Through December 31, 2021 (Cook/Alvarez/Landreth) (Resolution) (Budgeted Funds) k. Approval of a Successor Memorandum of Understanding (MOU) Between

the Park District and AFSCME Local 2428 for a Three-Year Term with Effective Dates April 1, 2021 to March 31, 2024 and Authorize Appropriations Consistent with the MOU

(Cook/Alvarez/Landreth) (Resolution) (Budgeted Funds) L. Ratification of General Manager’s Approval of an Emergency Contract with

Lind Marine, Inc. for Removal and Disposal of a Detached and Floating Section of Ferry Point Pier and Appropriate Funds: Miller-Knox Regional Shoreline

(Balmes/Victor) (Resolution) (Budget Change) m. Authorization to Renew a Cost Sharing Agreement with the East Contra Costa

County Habitat Conservancy and Accept and Appropriate $100,000 for Use on Future Joint Land Acquisition Projects

(Reeves/Kelchner) (Resolution) (Rev Auth/Budgeted Funds)

n. Authorization to Amend Contracts for Transportation Services with Michael’s Transportation Services Inc., Durham School Services, and First Student Inc., and D. Harris Tours Inc.: District-wide

(Kassebaum/O’Connor) (Resolution) (Budgeted Funds) o. Authorization to Increase the Construction Contract Contingency Amount

with Carone Inc. for the Lone Tree Point Trail Segment: San Francisco BayTrail (Dougan/Holt/Kelchner) (Resolution) (Budgeted Funds) p. Authorization to Purchase Fourteen Ford Vehicles from Downtown Ford

Sales for Vehicle Replacements and as Additions to the Fleet (McCrystle/Kennedy/O’Connor) (Resolution) (Budgeted Funds) q. Acceptance of Second Quarter 2021 General Fund and Other Governmental

Funds Financial Report (Strawson O’Hara/Auker) (Resolution) (No Cost)

1:25 p.m. 2. EXECUTIVE ANDLEGISLATIVE DIVISION

a. Consideration of Changing the Reporting Structure for Assistant General Manager of Legal and Risk / District Counsel from the General Manager to the Board of Directors and Authorize a New Job Classification Title of General Counsel

(Cook/Alvarez/Landreth) (Resolution) (No Cost) b. Authorization to Purchase Atem Vehicle Cabin HEPA Air Purifiers from IQAir to

Protect from Wildfire Smoke Events (Guest/Kennedy/Alvarez (Guest/Kennedy/Alvarez) (Resolution) (Budgeted Funds)

Page 7: BOARD OF DIRECTORS Board Meeting Agenda

1:40 p.m. 3. ACQUISITION, STEWARDSHIP AND DEVELOPMENT DIVISION

a. Authorization to Execute a Contract with WSP USA Incorporated (WSP), for

Construction Management Services for the Extend Bay Trail Project at Point Molate: San Francisco Bay Trail

(Goorjian/Kelchner) (Resolution) (Budgeted Funds) b. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and

Reporting Program for the Marsh Creek Trail; Vineyards Parkway to Round Valley Segment and Approval of the Project: Marsh Creek Regional Trail

(Dougan/Holt/Kelchner) (Resolution) (Budgeted Funds) 2:10.m. 4. GENERAL MANAGER’S COMMENTS

a. Stewardship Staff, Ecological Services Manager Becky Tuden, Ecologist Tammy Lim and Ecological Services Coordinator Josh Phillips,will give an overview of the Park District’s work on the Ecological Health Assessment (EHA); a landscape-level, quantitative measurement of the health of the East Bay ecosystem. The EHA identifies key indicators, species of mammals, birds, amphibians, and fish, and establishes metrics and thresholds for determining the health of ecosystem. The EHA will establish a baseline level of health that can be measured and compared in future years. This work represents a partnership of five public agencies and includes over 220,000 acres.

2:25 p.m. 5. BOARD AND STAFF REPORTS

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

2:40 p.m. 6. ANNOUNCEMENTS FROM CLOSED SESSION 2:45 p.m. 7. BOARD COMMENTS 3:45 p.m. D. ADJOURNMENT