Board Meeting Minutes
LIVERMORE AREA RECREATION AND PARK
71 TREVARNO ROAD
LIVERMORE, CALIFORNIA 94551-4931
BOARD OF DIRECTORS
REGULAR BOARD MEETING
Wednesday, February 11, 2004
9:00 p.m., Council Chambers
3575 Pacific Avenue
LARPD BOARD MEMBERS PRESENT: Alice Quinn, Maryalice Summers Faltings, Dale Turner, David Furst and Chair Scott Kamena (5)
LARPD BOARD MEMBERS ABSENT: None (0)
STAFF MEMBERS PRESENT: Tim Barry, Michael Kyle, Ken Craig, Gail Sloane, Barbara Kraybill, Felix Errico
1. CALL TO ORDER—ROLL CALL—PLEDGE OF ALLEGIANCE
Meeting was called to order at 7:04 p.m., with all Directors present.
2. SPECIAL ITEM
Julie Hopkins, LARPD site coordinator for the Arroyo Mocho Kid's Zone Program, accepted a donation of funds on behalf of the District in the amount of $2,000 from Alameda County Supervisor, Scott Haggerty.
3. PUBLIC FORUM: No public comment was received.
4. CONSENT AGENDA
4.1 Board Minutes
4.1.1 Regular meeting of January 14, 2004.
4.1.2 Special meeting of January 28, 2004.
4.2.1 Letter from Donna Psarris regarding Letters from Santa Program.
4.3 General Manager’s Monthly Report (#56-7).
4.4 Payroll and Claims.
On motion by Director Kamena, seconded by Director Turner, approved Consent Agenda items, passing 5-0.
5. CONSENT AGENDA: RESOLUTIONS: None.
6. BIDS AND PUBLIC HEARINGS: None.
7. OLD BUSINESS
7.1 facility naming
General Manager Barry presented a recommendation that the tennis courts at Robert Livermore Community Park be named in honor of Dorothy Svets. General Manager Barry described the process that had resulted in this recommendation. The District had received indications of interest from members of the community regarding an appropriate memorial for Ms. Svets. Public testimony had been received by the Board at the January 14th meeting in relation to the concept of naming the tennis courts at Robert Livermore Community Park after her. At that time the item had been remanded to the Facilities committee for discussion of additional possibilities. Among the possibilities discussed with interested members of the community was the naming of a room at the Community Center in her honor. Since it was planned that room-naming would be part of the fundraising campaign for the Community Center, and that potentially there would be a cost involved, the citizen group attending the Facilities Committee meeting determined that they would like to see the tennis courts named for Dorothy Svets, but that they would also like to pursue fundraising with the intention of having an additional area at the Community Center named for her.
On motion by Director Furst, seconded by Director Quinn, named the tennis courts at Robert Livermore Community Park in honor of Dorothy Svets, passing 5-0.
7.2 may nissen park tennis court project
Legal Counsel Kyle reported that as a follow up to direction received from the Board in March of 2003, a settlement agreement had been worked out with the MCE Corporation, the contractor who had performed a rehabilitation project for the May Nissen Tennis Courts. In order to address a difference of opinion between the District and the contractor on problems that had occurred with the asphalting of the courts, an agreement had been developed that would address the needed repairs and the payment for those repairs. Legal Counsel recommended approval of the agreement before the Board, which proposed that the District would pay one-half the cost of the repair, estimated in November of 2002 to be $6,068, as well as no more than an additional 10% increase to the project cost. Repairs to the courts would be completed no later than August of 2004.
Resolution: On motion by Director Turner, seconded by Director Kamena, adopted and approved Resolution No. 1877, a resolution approving a settlement agreement and mutual release with MCE Corporation for repair of the May Nissen Tennis Courts, by the following roll call vote:
AYES: Directors Quinn, Furst, Kamena, Turner, and Chair Faltings (5)
NOES: None (0)
ABSENT: None (0)
8. NEW BUSINESS
8.1 park improvement projects draft preliminary design review
Draft preliminary designs for three park improvement projects, Ravenswood Neighborhood Park, Vista Meadows Neighborhood Park, and Livermore Downs Neighborhood Park, were presented for Board review and approval, in preparation for development of construction plans and specifications. LARPD Parks Project Coordinator Felix Errico presented background information on the projects relative to description and scope, public meetings held with neighbors, cost, and timeline for development, to the Board. Bruce Jett of Bruce Jett Associates, presented the preliminary park designs, indicating that the improvement projects generally were concerned with safety (updating play equipment, improving surfacing, drainage in existing play areas), and access in compliance with Americans With Disabilities Act requirements. Multiple proposals for play equipment configurations were presented for each park design.
Public comment on the proposed design for Ravenswood Neighborhood Park was received from: a) Mike McGann, Tahoe Court, Livermore; b) Bill Hunt, Tahoe Drive, Livermore; c) Bill Fortner, Superior Drive, Livermore. Public comment on the proposed design for Vista Meadows Neighborhood Park was received from: a) Carole Fiore, Livermore; b) Corey Cate, Lambeth Road, Livermore. Public comment was received for Livermore Downs from: Carole Fiore, Livermore.
Director Furst noted that he lived in close proximity to Ravenswood Neighborhood Park and if park neighbors had comments or questions on the park, to please contact him. Director Turner noted that since children would be playing in the parks, he would like to see a no smoking policy implemented. He additionally noted that it was important that the designs for the parks address the needs of children with special challenges.
Regarding the playground configuration for Ravenswood Neighborhood Park, the Board discussed the options presented relative to the inclusion of swings, as the neighborhood had expressed a preference for that type of play equipment. Because the inclusion of swings into the design needed to be studied in conjunction with the other types of equipment relative to space requirements and the need to remain within budget, Bruce Jett recommended that the Board proceed with the approval of the main design, so that construction drawings could be started. He would return to the Board with a recommendation that included swings.
A motion was made by Director Turner and seconded by Director Kamena, to approve the design for Ravenswood Neighborhood Park, to move forward with the preparation of construction documents and to return to the Board with a recommendation for play structures for the park, passing 5-0.
On motion by Director Kamena, seconded by Director Furst, approved the design for Vista Meadows Park, as recommended by the consultant (playground configuration Attachment 2, Option 1 and Attachment 2, Option 3), passing 5-0.
On motion by Director Kamena, seconded by Director Furst, approved the design for Livermore Downs Park (Phase 1), as recommended by the consultant (playground configuration Attachment 2, Option 1b), passing 5-0.
8.2 east bay habitat for humanity request for fee waiver
General Manager Barry presented a recommendation to the Board for denial of the request made by Habitat for Humanity for waiver of park dedication fees for its 22 duet homes project. General Manager Barry’s recommendation was based on the fact that the District could not afford to lose the $207,000 of park in-lieu fees that would be received for the project, as the people moving into those homes would be utilizing park district facilities. Barry reported that he had met with representatives from Habitat for Humanity on the issue. He noted that the project was commendable, but it did not remove the need for the District to collect the fees.
Chair Faltings opened public comment. Public comment was received from:
a. Jim Bergdoll, Project Manager for East Bay Habitat for Humanity. Mr. Bergdoll addressed the Board on the nature of the project, how Habitat for Humanity financed mortgages for the buyers, how money is raised for the organization, and the project design. He explained that fees affected Habitat’s ability to keep the homes affordable and required that additional money is raised upfront. Mr. Bergdoll further explained that the fees would come in to LARPD over a 2 ½ year period, so that the impact would not occur at one time. He asked the Board for consideration of a full waiver of fees.
b. T.J. Gilmartin, Sheffield drive, Livermore, president of Rotary, stated his support for the project and discussed how loans were structured and how homes were financed. He indicated that he would like to see LARPD support the project.
c. Bob Hoffman, Mars Road, Livermore, representing Asbury Methodist Church, stated that Asbury Church had committed to raising $40,000 over the next two years for the project. He encouraged the Board to support the project.
d. Brian O’Reilly, Emerald Street, Livermore, a volunteer for Habitat projects, stated that this was a city-wide project, with a lot of community involvement, and if the Board could waive fees, there would be a good return to the District in publicity and goodwill.
e. Ralph Sherman, Livermore, Rotarian, addressed the Board on the long-term effect of having the Habitat families in Livermore. He asked the Board to consider waiving fees.
f. Michael Chow, Assistant Manager, East Bay Habitat for Humanity, supported the waiver of fees, explaining that the burden of the fees directly impacted the home buyers.
After Board discussion, a motion was made by Director Turner, and seconded by Director Quinn, to deny the request for waiver of park dedication fees for the Habitat for Humanity project, passing 5-0.
Director Quinn stated that she would like the District to find another way of assisting with the project.
8.3 robert livermore community center fee schedule for gymnasium use
General Manager Barry presented a recommendation for adoption of a gymnasium use fee schedule for the gymnasium at the new Robert Livermore Community Center. Staff had conducted a survey of like facilities in the Bay Area, and the proposed rates were inclusive of staffing and equipment costs for the facility. A rental deposit would be required; the amount of the deposit would be dependent upon the type of use. The recommended fees were: a) Non-profit resident group, $30/hour; b) resident group, $40/hour; c) non-resident/non-profit, $50/hour; d) commercial, $125/hour, plus 10% of gross.
Director Quinn inquired about gymnasium use by residents on a drop-in basis relative to the requirement for a reservation and deposit. General Manager Barry explained that times would be set-aside for open gym time for basketball and volleyball.
On motion by Director Turner, seconded by Director Furst, approved the Robert Livermore Community Center gymnasium fee schedule, passing 5-0.
8.4 vasco road trail acceptance from pacific union homes
Parks Project Coordinator Felix Errico reported to the Board that the trail segment being proposed for acceptance had neither been developed by Pacific Union Homes to LARPD standards, nor had it undergone inspection by LARPD. Construction drawings that had been approved by the District stated that LARPD would perform inspections, but the work had been undertaken without LARPD being called. Testing had been performed on the trail to determine its composition and construction; the testing had revealed that the trail had not been constructed to the proper depth and was missing weed control fabric. The decomposed granite depth averaged 2” instead of 4”. Because repair would require removal and replacement of the trail and would compromise some of the other project improvements, Pacific Union Homes had agreed to an extended two-year maintenance period for the trail, as well as providing the District with a $10,000 certificate of deposit to ensure that any necessary trail repairs would be made during the two year maintenance period. Errico recommended acceptance of the trail improvements under the conditions proposed by staff.
Board discussed the proposal in relation to project inspection procedures, the increased trail maintenance burden to the District after the maintenance period had expired, lack of trail durability, and adequacy of punitive measures for Pacific Union Homes.
Resolution: On motion by Director Turner, seconded by Director Kamena, adopted and approved Resolution No. 1878, a resolution accepting Vasco Road trail improvements from Pacific Union Homes, by the following roll call vote:
AYES: Directors Furst, Kamena, and Turner (3)
NOES: Director Quinn and Chair Faltings (2)
ABSENT: None (0)
8.5 ballot initiative—the local taxpayers and public safety protection act
General Manager Barry addressed the Board on a request for support from the California Special Districts Association (CSDA) for the Local Taxpayers and Public Safety Protection Act. CSDA was involved in the effort to place this measure on the November, 2004, ballot. Barry explained that LARPD lost $4 million dollars each year through the Education Revenue Augmentation Fund, which shifted local property taxes to the State’s general fund which was then used to meet the State’s education obligations. Under the proposed ballot initiative, a public vote would be required before local tax revenues could be appropriated and it required reimbursement for local governments for mandated program costs. General Manager Barry recommended passage of the resolution on the agenda in support of the measure, and a contribution to the CSDA of $500 to assist in the development of the measure.
Resolution: On motion by Director Kamena, seconded by Director Furst, adopted and approved Resolution No. 1879, a resolution supporting the “Local Taxpayers and Public Safety Protection Act”, by the following roll call vote:
AYES: Directors Quinn, Furst, Kamena, Turner, and Chair Faltings (5)
NOES: None (0)
ABSENT: None (0)
On motion by Director Kamena, seconded by Chair Faltings, approved a contribution to the California Special Districts Association of $500 in support of the Local Taxpayers and Public Safety Protection Act, passing 5-0.
9. ORAL REPORTS
9.1 robert livermore community center project status report:
Superintendent of Planning and Parks Craig reported to the Board on the issue of the time extension proposal made by Overaa Construction. The issue was being addressed through the District’s project management firm, with involvement by staff and Legal Counsel. The project continues to move forward, with an estimated early June completion date.
10. COMMITTEE REPORTS:
Board received reports on the nine committees attended since the Regular Meeting of January 14, 2004, as follows: Facilities, Program, Budget, Intergovernmental, Community Gardens, ESS Parent Advisory Committee, City of Livermore Growth Review, Livermore Cultural Arts Council, and Scottish Games.
11. MATTERS INITIATED BY THE DIRECTORS
a. Chair Faltings thanked staff for providing current financial reports in the Board packets.
12. MATTERS INITIATED BY THE GENERAL MANAGER
a. General Manager Barry reported on the beginning of the budget development process for the upcoming fiscal year.
b. General Manager distributed an updated Board calendar.
13. EXECUTIVE SESSION: Meeting adjourned to Executive Session at 10:10 p.m.
14. RECONVENE TO OPEN SESSION: Meeting reconvened to Open Session at 10:26 p.m.
15. REPORT OF ACTION TAKEN IN EXECUTIVE SESSION:
Chair Faltings reported that no action had been taken in Executive Session.
Meeting adjourned at 10:26 p.m.
Chair, Board of Directors
General Manager and ex-officio
Clerk to the Board of Directors
Area Recreation and Park District
71 Trevarno Road
Livermore, California 94551-4931
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