Board Meeting Minutes
LIVERMORE AREA RECREATION AND PARK
71 TREVARNO ROAD
LIVERMORE, CALIFORNIA 94551-4931
BOARD OF DIRECTORS
REGULAR BOARD MEETING
Wednesday, April 14, 2004
7:00 p.m., Council Chambers
3575 Pacific Avenue
DIRECTORS PRESENT: Alice Quinn, David Furst, Scott Kamena, Dale Turner and Chair Maryalice Summers Faltings (5)
DIRECTORS ABSENT: None (0)
STAFF MEMBERS PRESENT: Tim Barry, Michael Kyle, Ken Craig, Gail Sloane, Julie Lange, Barbara Kraybill, Felix Errico
1. CALL TO ORDER—ROLL CALL—PLEDGE OF ALLEGIANCE
Meeting was called to order at 7:02 p.m., with Director Kamena absent at the time of roll call.
2. SPECIAL ITEM
Chair Faltings administered an Oath of Office to new Livermore Area Youth Advisory Commission member, Kate Lanto.
Director Kamena arrived at 7:07 p.m.
3. PUBLIC FORUM:
Public comment was received from:
a. Helen Meier, 2083 Galloway Common Livermore. Ms. Meier stated that she was at the meeting to express her concerns about the process and results for the Marlin Pound Park modifications. Ms. Meier addressed the Board on: the notices issued and the meetings held regarding the park plans; the fact that the wishes of those being impacted by the proposed dog run were not taken into account after public input had been given; the fact that those opposed to the dog area seemed to outweigh those in favor of the dog park area; and that the concerns of those opposed to the dog area could not be addressed after the dog area was installed. Ms. Meier asked the Board to limit the hours of operation for the dog park area and to re-open the issue of location. Ms. Meier submitted a written copy of her comments to the Board.
b. Ron Granado, 1818 Aquarius Street, Livermore. Mr. Granado expressed his surprise about a dog park being located at Marlin Pound Park, as the play equipment was old, and there were no barbecues or bathrooms at the park. Mr. Granado stated that people and children should take priority over dogs, and that the open space across from the park could be used to run dogs.
c. Linda Sentone, Livermore. She indicated that she was opposed to the dog run. She stated that if she had known that a dog run was going to be built at the park, she would not have purchased a house in the area.
d. Anna Collazo, 4249 Galloway Street, Livermore. Ms. Collazo said she echoed Helen Meier's comments regarding notification of the meeting of March 17, and was very concerned about the procedure to notify the neighbors. She also indicated that she was disappointed that when she came to voice her concern at the meeting of March 17, that the dog park was a done deal. She stated that she would like to have the dog park discussion reopened and put back on the agenda. She said that she understood how the park was utilized by the neighborhood, and that the basketball court was inferior and in need of repair. She further stated that if there was money for park improvements, that those improvements be for children and families.
Chair Faltings closed public comment.
4. CONSENT AGENDA
4.1 Board Minutes
4.1.1 Regular meeting of March 17, 2004.
4.1.2 Special meeting of March 29, 2004.
4.1.3 Special meeting of March 31, 2004.
4.2.1 Letter from Martha Claassen in support of the Marlin Pound dog park.
4.3 General Manager's Monthly Report (#56-9).
4.4 Payroll and Claims.
4.5 "L.A.R.P.D. In Your Neighborhood" schedule.
4.6 Approval of Allocation of Funds for Sunken Gardens skate Park Phase II Project Cost Overruns. On motion by Director Turner, seconded by Director Kamena, approved Consent Agenda items, passing 5-0.
5. CONSENT AGENDA: RESOLUTIONS:
6. BIDS AND PUBLIC HEARINGS:
7. OLD BUSINESS:
8. NEW BUSINESS
8.1 DONATION OF STATUE OF ROBERT LIVERMORE BY LIVERMORE ROTARY CLUB
General Manager Barry presented options to the Board regarding procedures for acceptance of an offer of public art to the District. The Livermore Rotary Club had offered to commission a statue of Robert Livermore for placement at the Robert Livermore Community Center. General Manager Barry reviewed options available to the Board and the procedures for acceptance of public art according to the District's Public Art Policy. He suggested that the Board could either 1) refer the offer to the Board Community Center Committee for a recommendation to the full Board, or 2) refer the offer directly to the Livermore Public Art Committee for a recommendation back to the Board. General Manager Barry reported that he had met with John Gordon, Rotary President-Elect, to identify locations where the statue could be placed.
Director Turner raised the issue of whether the District should make available the same opportunity for donations of art to the entire art community. Director Furst questioned whether the District would be setting a precedent by accepting the donation, and suggested that the Board refer the item to the Livermore Public Art Committee. Chair Faltings expressed her preference for referring the item to the Board Community Center Committee for a recommendation regarding a site for the statue, after which the item could be submitted to the Livermore Public Art Committee. Director Quinn noted that she believed that the item should be reviewed by the Board committee to see if the District wanted to accept it.
Chair Faltings remanded the item to the District's Community Center Committee for a recommendation on placement.
8.2 SPECIAL DISTRICT VACANCY – ALAMEDA COUNTY LAFCO
General Manager Barry informed the Board that the District had received notification that the term of the enterprise special district representative on LAFCO would be expiring in May. The Board had the option of nominating a candidate from an enterprise special district for the seat, if they chose to do so. Additionally, a representative needed to be designated to cast the District's vote at the Independent Special District Selection Committee meeting on May 5.
Chair Faltings indicated that believed incumbent Katy Foulkes had done an excellent job in protecting special district interests on LAFCO. Director Turner commented on the importance of the special districts seats on LAFCO.
RESOLUTION: On motion by Director Turner, seconded by Chair Faltings, adopted and approved Resolution No. 1884, a resolution placing in nomination and supporting the nomination of Katy Foulkes, as a candidate for the Enterprise Special District seat on LAFCO, by the following roll call vote:
AYES: Directors Quinn, Furst, Kamena, Turner, and Chair Faltings (5)
NOES: None (0)
ABSENT: None (0)
Chair Faltings confirmed that she would cast the District's vote at the Independent Special District Selection Committee meeting on May 5.
8.3 USE OF BOTHWELL RECREATION CENTER BY EXTENDED STUDENT SERVIES PROGRAM
General Manager Barry presented a recommendation for the Board to approve relocation of the Extended Student Services (ESS) program offices from Little House, located on Trevarno Road, to the Bothwell Recreation Center, with the intent that the facility would be used jointly by ESS in conjunction with other groups, as approved by the Board of Directors.
Youth Services Superintendent Kraybill addressed the Board on the reasons why the ESS program should relocate to the Bothwell Recreation Center. The original intent had been for the program to utilize the Merritt Building, once the LARPD headquarters had been relocated to the Robert Livermore Community Center. Her reasons for use of the Bothwell Recreation Center as opposed to the Merritt Building included: a) suitability of space; b) efficiency of operations; c) revenue to the District from rent, teen dances and preschool classes; and d) possibility of joint use of the building with the Livermore Valley Conference and Cultural Center (LVCCC). Superintendent Kraybill explained that the maintenance and operation cost of the building was estimated at $51,000; the ESS program would pay $28,000 to the District in rent, with the remainder of the cost to be hopefully offset by rental groups.
Board and staff discussed the change in recommendation from an hourly rental basis to the concept of a 5-year lease if the LVCCC chose to rent space, whether the ESS program could be flexible in sharing building space, and the needs of the groups under the LVCCC for instrument and costume storage space.
Chair Faltings opened public comment.
Joan Seppala, director of the LVCCC, addressed the Board on issues related to the use of the Bothwell Center by the LVCCC. Joint use of the building with the ESS program would lower the LVCCC's costs, as opposed to the cost of leasing the entire building. The LVCCC would also like to lease Room 4; the proximity of the Game Room and the Auditorium would allow sound to carry between the two rooms, which could be a problem for performing arts groups. Ms. Seppala stated that the LVCCC supported moving forward with planning for joint use of the facility and that she hoped that the exact rooms to be allocated to the LVCCC would be left open until more details had been worked out.
John Shirley, 4218 Drake Way, Livermore, indicated that he was happy to hear that there was a possibility of using Room 4 of the Bothwell Center; Room 4 was better for performing arts group because of air conditioning and acoustics. He noted that the cost of leasing space was a tremendous problem.
Director Kamena indicated that the LCAC supported the concept of joint use by the ESS program with the LVCCC.
On motion by Director Kamena, seconded by Chair Faltings, adopted the staff recommendation for the ESS program to relocate to the Bothwell Recreation Center, with negotiations to continue for joint use, passing 5-0.
8.4 STATUS OF JOINTPOWERS AGREEMENT WITH CITY OF LIVERMORE CONCERNING ROBERT LIVERMORE PARK
Legal Counsel Kyle reported to the Board that in the course of applying to the California Parks Department for park bond funds to be utilized at the Robert Livermore Community Center, a question had arisen as to the meaning and interpretation of the District's 1970 joint powers agreement with the City of Livermore. The purpose of the agreement was to memorialize the relationship between the two agencies wherein the City owned park properties, but the District would operate, maintain and construct the facilities. Ambiguities in the agreement had been identified in paragraphs 7 and 9. Paragraph 7 stated that the District would keep possession of those properties for a period of 25 years. Paragraph 9 addressed the term of the agreement, which was to be for one year from the date of execution, and automatically extended from year-to-year, unless dissolved. The California Parks Department was of the opinion that those two paragraphs were contradictory. They wanted to make sure that if they allocated bond funds for the construction of park facilities, that those parks were going to be in place for a long period of time. In order to obtain the bond funds, the District needed to be able to demonstrate a minimum tenure of 20 years as operator of Robert Livermore Community Park. That tenure could be accomplished two ways – through fee title interest or through a lease or other form of agreement. Legal Counsel Kyle recommended that the District approach the City with an explanation of the circumstances, and request that the property be either deeded to the District outright, or that occupancy rights be granted through a long-term lease. Legal Counsel emphasized the urgency of the issue, recommending that it be addressed as soon as possible.
Chair Faltings directed the General Manager and Legal Counsel to pursue the issue with the City of Livermore and to return to the Board as soon as possible.
9. ORAL REPORTS
9.1. ROBERT LIVERMORE COMMUNITY CENTER PROJECT STATUS REPORT:
Superintendent Craig reported that the project was coming to an end, with most of the work being projected for completion by the end of May. He also reported that significant vandalism had taken place at the facility. Windows had been smashed, equipment dismantled, outside courtyard benches and walls had been damaged, and a attempt had been made to flood the inside of the building. Damages were estimated between $10,000 and $20,000. The vandalism would impact the schedule for completion and opening of the facility. Superintendent Craig noted that additional security measures were being undertaken.
John Shirley, 4218 Drake Way, Livermore, pointed out that the cost of the vandalism would be borne by the contractor's insurance.
9.2 ALAMEDA COUNTY IN-LIEU FEE ORDINANCE UPDATE
Superintendent Craig reported to the Board on the Alameda County Planning Commission's recommendations to the Board of Supervisors regarding the update to the County ordinance on in-lieu fees. The Commission's recommendations did not support the District's position that no exemptions to in-lieu fees should be granted. They had proposed several categories for exemptions, among them affordable senior housing. The Commission had additionally recommended extending the time period in which the fees would take effect, as well as a 2-year phasing of fees. Superintendent Craig indicated that staff would continue to pursue the District's position and would appear before the Board of Supervisors.
Chair Faltings encouraged the Board to testify before the Board of Supervisors and asked staff to notify the Directors when the item was scheduled.
10. COMMITTEE REPORTS:
Board received reports on the eleven committees attended since the Regular Meeting of March 17, 2004, as follows: Facilities, Budget, Community Center, Equestrian Center, Master Plan, Community Gardens, ESS Parent Advisory Committee, City of Livermore Growth Review, LCAC, Ravenswood Progress League, and Scottish Games.
11. MATTERS INITIATED BY THE DIRECTORS
a. Director Turner expressed concern about the notification procedures that the District used to inform neighbors of issues affecting them. He asked that the item be scheduled for Board discussion or sent to committee to see if any changes were necessary to the District's procedures. He assured the neighbors of Marlin Pound Park, that as elected officials, if issues arose, they would be addressed by the Board. He requested that staff keep the Board informed of any problems.
b. Director Furst requested that the design priorities for Marlin Pound Park be sent to the Board Facilities Committee for review.
c. Director Quinn proposed a noticing procedure that would include posting notices at park sites.
12. MATTERS INITIATED BY THE GENERAL MANAGER
a. General Manager Barry reported that a Recreation Supervisor for the Aquatics program had been hired. Sharon Grant would begin on May 1.
b. General Manager noted the distribution of updated Board calendars.
c. General Manager solicited Board participation in the June 12th rodeo parade.
Meeting recessed at 8:45 p.m.
13. EXECUTIVE SESSION:
Meeting convened to Executive Session at 8:57 p.m.
14. RECONVENE TO OPEN SESSION:
Meeting reconvened to Open Session at 9:07 p.m.
15. REPORT OF ACTION TAKEN IN EXECUTIVE SESSION:
Chair Faltings reported that no action had been taken by the Board of Directors in Executive Session.
Meeting adjourned at 9:08 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
Open 8 a.m.-5 p.m. weekdays