Board Meeting Minutes
LIVERMORE AREA RECREATION AND PARK
4444 East Ave.
LIVERMORE, CALIFORNIA 94550-5053
BOARD OF DIRECTORS
REGULAR BOARD MEETING
Wednesday, May 11, 2005
7:00 p.m., Robert Livermore Community Center
4444 East Avenue
LARPD BOARD MEMBERS PRESENT: David Furst, Dale Turner, Maryalice Faltings, Steve Goodman, and Scott Kamena (5)
LARPD BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Tim Barry, Michael Kyle, Pat Kasberg, Barbara Kraybill, Felix Errico, Jim Brandenburg
CITY CONTRACT STAFF PRESENT: Eric Brown and Pamela Lung
1. CALL TO ORDER—ROLL CALL—PLEDGE OF ALLEGIANCE
Meeting was called to order at 7:04 p.m. by Chair Furst, who led the group in the Pledge of Allegiance
2.1 Chair Furst presented the Outstanding Youth Award from the California Association of Recreation and Park Districts to Katrina Cruz.
2.2 Chair Furst presented the Outstanding Group Award from the California Association of Recreation and Park Districts to Walt Callesen and Bobbi Hadley, representatives from the Community Garden group.
3. PUBLIC FORUM
Chair Furst asked for public comment for any item not on the agenda. No public comment was received. Chair Furst closed public comment.
4. CONSENT AGENDA:
4.1 Board Minutes
4.1.1 Special meeting of April 27, 2005.
4.2.1 A letter from the Livermore-Amador Symphony Guild regarding use of the Barn for their POPS Concerts.
4.3 General Manager’s Monthly Report (#57/10).
4.4 Payroll and Claims.
On a motion by Director Faltings, seconded by Director Goodman, approved the Consent Agenda, passing 5-0.
5. CONSENT AGENDA: RESOLUTIONS:
On a motion by Director Faltings, seconded by Director Goodman, adopted and approved
Consent Agenda Resolutions by the following roll call vote:
AYES: Directors Goodman, Turner, Faltings, Kamena, and Chair Furst (5)
NOES: None (0)
ABSENT: None (0)
4.1 Resolution No. 1958, a resolution commending Jan Gollaher for her years of service to the District.
6. BIDS AND PUBLIC HEARINGS: None
7. OLD BUSINESS: None
8. NEW BUSINESS:
8.1 CAPITAL PROJECTS UPDATE
General Manager Barry reported on the status of the capital projects program report that is reviewed by the Board quarterly.
Director Faltings asked if the completion dates for the park improvements is correct. Parks Project Coordinator Errico stated that due to the rain and problems with the contractor, the completion dates for the park projects are May instead of April.
8.2 UPDATE ON FOUR PARK PROJECTS
General Manager Barry stated that there is a need to enter into an agreement with the bond firm for J. W. Riley and Sons for additional project management assistance to complete the four park projects at no additional cost to the District for this service. General Manager Barry stated that J. W. Riley and Sons was awarded bid on Ravenswood, Summit, Livermore Downs and Vista Meadows Parks and has been unsuccessful in fulfilling their commitment to complete the parks in the time specified by the contract.
Legal Counsel Kyle stated that the Board had directed him and staff at the May 11th meeting to investigate other agencies’ experiences under similar circumstances such as project delays and problems, and evidence of financial distress by the contractor. The four park projects has undergone difficulties since the dates that the contract was awarded, notice to proceed was issued, and the time allowed in the contract for completion in early November 2004. To date, the parks are only 65% completed. Legal Counsel Kyle stated that he and staff met with two representatives, one from Construction Funds Control Services, Mr. Luigi Delucchi the president of the company, and an attorney representing the bonding company who is very concerned and has indicated that the bonding company would like to get the projects done with the least additional costs to them. The service that Construction Funds Control Services provides is to control payment of funds to the contractor as the work is performed. Legal Counsel Kyle reported that he had talked with two other public agencies in the bay area that experienced the exact same problems with J. W. Riley and Sons as LARPD, such as delays and numerous stop notices for failure to pay for materials and/or labor. The purpose for hiring Mr. Delucchi’s firm would be to control the finances and give more of an immediate oversight on the project. The service is without cost to the District. The money that Mr. Delucchi’s firm earns off the project comes out of the payments to the general contractor, J. W. Riley and Sons.
In summary, Legal Counsel Kyle stated that in his opinion the Board has three choices in this manner: 1) Do nothing and continue to try and work with J. W. Riley and Sons to attempt to finish the projects; 2) Engage Mr. Delucchi’s firm with the hope that he will be able through control of the purse strings to improve the progress of J. W. Riley and Sons; and 3) Terminate the contractor and go back out to bid, causing delay. Should the Board elect to engage Mr. Delucchi’s firm, Legal Counsel Kyle recommends watching the progress very closely and if progress is unsatisfactory, terminate the contract.
Director Kamena asked if CFCS acts like an escrow company, we give the money to them instead of the contractor and the sub-contractors understand that they will be paid by CFCS not from the contractor. Legal Counsel Kyle concurred that is the service that CFCS provides plus a certain amount of oversight on the project making sure the job is done correctly and the construction crew is going down the right path.
Director Turner asked if Mr. Riley was currently working on the project and what kind of work he is doing. Parks Project Coordinator Errico responded that J. W. Riley and Sons is currently working on the project but fails to provide enough time for the District inspectors to inspect the work and perform the required tests. Director Turner asked Parks Project Coordinator Errico if he agreed with Legal Counsel that perhaps the best alternative at this time would be to hire Construction Funds Control Services to finish the project. Parks Project Coordinator Errico agreed that it would probably be the best way to deal with the contractor without losing precious time. If the District goes out to bid again, a project analysis will need to be done on all the work that has been completed, the bid specifications will need to be revised to reflect the present conditions, and a landscape architect will need to be hired to re-do the drawings.
Director Goodman inquired if the District signs a contract with Construction Funds Control Services and the work still isn’t being done satisfactorily can the District still invoke the Performance Bond. General Manager Barry stated that the District retains the right to do that. Director Goodman asked if Mr. Delucchi will hire more people to oversee the project. Legal Counsel Kyle responded that the District has an employee who acts as an inspector and the District has also hired Bruce Jett Associates to act as a third party objective source for determining if the work is being performed satisfactorily.
Director Goodman asked what the most current date of completion is for the project. Parks Project Coordinator Errico stated that there has not been any recent indication from Mr. Riley what his time frame is.
General Manager Barry stated that the hope is that Construction Funds Control Services will provide money management, more oversight over construction management, and an opportunity for the District to re-harness in the contractor on the specifications that require inspections, approved tests and things that we started when the project began but got in the contractor’s way in his hurry to finish.
Director Goodman asked if work has been rejected. Parks Coordinator Errico stated that 100 feet of sidewalk has been rejected so far and we are in the process of rejecting some additional concrete that was done unsatisfactorily.
Director Faltings stated that if the District hires Construction Funds Control Services, it would be expected that CFCS would “bear down” on J. W. Riley & Sons and get the project done correctly and in a timely fashion. Legal Counsel Kyle stated that is the service CFCS is proposing.
Chair Furst asked what J. W. Riley’s motivation is to get the job done since he is only paid for the work he completes. And what pressure can Mr. Delucchi put on him to work if he isn’t motivated on his own. Legal Counsel Kyle stated that if Mr. Delucchi is unsuccessful in getting J. W. Riley and Sons to complete the work, the District’s only alternative is to terminate the contract.
Chair Furst asked what the process is for terminating our relationship with Construction Funds Control Services if they are unsuccessful in getting J. W. Riley and Sons to complete the construction on the projects in a timely fashion. Legal Counsel Kyle stated that J. W. Riley & Sons has consented to the arrangement and the District is agreeing to pay the money to Mr. Delucchi. If the District continues to have problems its rights are reserved under the contract, and with proper notice, can terminate the contract based on failure to perform.
Chair Furst asked if the District terminates the contract with J. W. Riley and Sons, can Mr. Delucchi come back on the District saying we terminated the contract unfairly. Legal Counsel Kyle stated no, that’s not how he reads the contract.
Chair Furst opened public comment.
Mr. Joel Long, One Embarcadero Center, 16th Floor, San Francisco, CA 94111,addressed the Board. Mr. Long stated that he is the legal counsel for the bonding company and he would be happy to answer any questions from the Board. The Board had no questions for Mr. Long.
Chair Furst closed public comment.
On a motion by Director Kamena, seconded by Director Turner, approved contracting the services of Construction Funds Control Services, passing 5-0.
Director Goodman stated he would like staff to report back to the Board if there is no progress made. General Manager Barry stated that there will be a time frame specified in the contract with CFCS when the District expects the work to be completed by.
Director Kamena commented he was sick of the District being victimized by contractors who are either incompetent or have no integrity. It seems to be the rule and not the exception and he is not sure if the District is unique in that but it has been bad in the four years he has served on the Board. His inclination is to punish the contractor by terminating the contract but he realizes the District has an obligation to the people who live near these parks to get the work done as soon as possible, therefore he supports contracting with CFCS.
8.3 UPDATE ON SYCAMORE GROVE RECOVERY PROGRAM
General Manager Barry reported that following the Board presentation on the Sycamore Grove Recovery Program Phase I report from Sycamore Associates on January 26, 2005,staff met with Directors Kamena and Furst on February 9, 2005 and discussed District goals for the next phase of studies. Staff then met with consultants and Zone 7 staff on March 24, 2005 and began the process of identifying the scope of work for Phase II. Zone 7 agreed to again be a fiscal 50/50 partner with LARPD for the Phase II studies, and is anxious to see that the studies produce information helpful to them in the management of the hydrology of the Sycamore Grove Park area as it relates to the health of the sycamore trees. Sycamore Associates does not wish to continue as the main consultant on the project, so LARPD and Zone 7 has engaged the three sub-consultants (HortScience, Inc., Kamman Hydrology and Engineering, Inc., and Lone Pine Research) to develop a scope of work and cost proposals for Phase II studies according to an agreed-upon approach identified at the March 24th meeting. The District has not received this proposal, but anticipates receiving it soon. Upon receipt of the proposal, staff will discuss the proposal with the Facilities Committee, and bring the information to the Board of Directors at a subsequent Board meeting.
Director Faltings expressed her pleasure with Zone 7 continuing to do a 50/50 share with LARPD in the cost, as both agencies share a joint responsibility for the sycamore trees in Sycamore Grove Park and she complimented Zone 7’s General Manager and Board for their willingness to participate.
Chair Furst stated that at one point Lone Pine Research was hired by Zone 7 and were working under their direction, and now it seems like these three sub-contractors are working together without any lead and he is not sure this is the best system to have. General Manager Barry stated that this was discussed with the three subs and Nelda Matheny from HortScience, Inc. agreed to be the lead for this group and they’re going to present their individual scopes in the direction they think we want them to go in and we’ll evaluate their scopes that are currently being contract separately. Zone 7 is contracting with HortScience and Lone Pine Research and LARPD is contracting with Kamman Hydrology just for the scoping piece. When we engage this group altogether it will be jointly between the two agencies. This had its up sides and down sides in the Phase I process but he thinks this is the best way to proceed.
Director Faltings commented that HortScience has been a consultant for the District for along time and she is very satisfied with their work and feels confident that they can provide both historical knowledge and leadership.
8.4 UPDATE ON RAVENSWOOD VINEYARD PROJECT
General Manager Barry stated that since the agreement for the development, management and operation of the Ravenswood Historic Site Vineyard was signed this past April 2005 and the LARPD staff has been in contact with Michael Princevalle of Coastal Viticultural Consultants, Inc. to prepare a time frame for the development of the vineyard:1) During the next two months (May and June) the vineyard blocks will be moved, disked ripped and disked again. This process will provide nutrients back to the soil. Soil amendments (lime and gypsum) will be added where necessary; 2) During July, August and September the locations of the vines will be marked in the field. The stakes, rebar, end posts and drip hose wire will be installed; 3) The irrigation system will be installed and attached to the existing well and pump system in the fall; 4) After the irrigation system has been installed an appropriate cover crop will be planted over the winter to provide nutrients into the soil prior to the planting of the vines; 5) During late winter or early spring of 2006, the vines will be planted and grow tubes or cartons installed for protection. Irrigation will begin and fertilizer plans will be implemented; and 6) The vineyard will be monitored and the goal for the first season is to establish a strong root system.
Director Kamena asked what effect the disking of the vineyard will have on the weddings at the Ravenswood. General Manager Barry stated he has requested a schedule from CVC so that scheduling events can be coordinated and he also intends to notify the neighbors when construction begins.
Director Kamena stated he is also concerned about the appearance of the site during construction with tractors and large equipment being used for the work. He wants the people who have reserved the site for weddings to be informed ahead of time that construction of the vineyard is taking place. General Manager Barry stated he will convey that to the staff to and also inform CVC not to have large equipment in the background where photos will be taken.
Director Faltings stated that the vineyard on the three acres in front of the two houses is not going to be a modern vineyard, it’s going to be the head pruned vineyards that date from the 1870’sand 1880’s.
8.5 LEGAL COUNSEL SCOPE OF WORK
General Manager Barry reported that Legal Counsel Michael Kyle has been the District’s attorney for the past 30 years without a contract. The Board has requested that Mr. Kyle begin attending the special Board meeting of each month. Mr. Kyle will present a cost proposal for this request and information concerning the scope of work and compensation for the District’s legal services and provide a cost proposal for Board consideration for FY 2005/06. Mr. Kyle will be sending additional information to the Board under separate cover.
Chair Furst stated he would like a wider discussion to include a contract and job description for District Legal Counsel.
Legal Counsel Kyle stated that the cost to attend the special board meeting would be billed at the regular hourly rate of $185.The cost for the regular board meeting is included in the monthly retainer fee.
Director Faltings stated that Mr. Kyle’s cost proposal, scope of work and compensation of the District’s legal services for FY 2005/2006 will need to be reviewed by the Budget Committee and included in the 2005/2006 budget. Director Faltings also agreed with Chair Furst that there should be a contract and a job description for District Legal Counsel and feels that the best person to write the description is the person filling the job, as Mr. Kyle possesses as much as, or more, experience being a park and recreation legal counsel that anyone in the state.
Chair Furst opened public comment. No public comment was received. Chair Furst closed public comment.
Director Kamena respectfully requested Chair Furst to consider placing further discussion of District Legal Counsel’s cost proposal on the agenda for the specialmeeting on May 25th, under Executive Session.
On a motion by Director Kamena, seconded by Director Tuner, approved the cost of District Legal Counsel’s attendance at the two special board meetings remaining in Fiscal Year 2004/2005 (May and June), passing 5-0.
9. RESOLUTIONS: None
10. ORAL REPORTS
General Manager Barry stated that he is happy to report that the District has reached substantial completion of the Robert Livermore Community Center construction. This gives the contractor 30 days to complete the punch list.
11. COMMITTEE REPORTS
Board received reports on the ten committee meetings attended since the Regular Board meeting of April 13, 2005, as follows:
Livermore Downtown, Inc., Intergovernmental, Budget, Community Gardens Community Center, Intergovernmental-EBRPD, Ravenswood Progress League, Scottish Games, Livermore Cultural Arts Council and Alameda County Special Districts Association.
12. MATTERS INITIATED BY THE DIRECTORS
a. Director Goodman has volunteered to work at the LARPD booth at the Farmer’s Market to promote the RLCC and would like the Board to discuss how often the LARPD booth should be set up and if the Board Members can help man the booth.
b. Director Goodman was approached by the Tri Valley Chapter President for the Self Help for Hard of Hearing People. The group gave him information about a hearing device for the community center and he will pass it on for staff to look at.
c. Director Turner is concerned about pedestrian traffic issues around the RLCC. He feels that people entering and exiting from East Avenue are having problems because there is no signal control, and the sign is too small.
d. Director Turner would like the committee meeting agendas included with the committee reports.
e. Director Faltings attended a “red hat tea” given by staff for the ladies who attend the Friendship Center. Director Faltings commended staff for bringing the outside in and giving the ladies (and one gentleman) such a nice event.
f. Director Kamena would like the Board to discuss Legal Counsel’s role and compensation in Executive Session at the next meeting.
g. Chair Furst commended all the volunteers and specifically Kerri Anderson, Volunteer Coordinator, for her work in organizing a very successful Earth Day. It was the largest turnout ever even though the weather was not very good and rained part of the day.
h. Director Turner was contacted by seniors regarding their concerns about the billiard room at the RLCC and would like a report on this from the General Manager at a future Board meeting.
General Manager Barry stated that he has a meeting scheduled with the seniors tomorrow, May 12th.
13. MATTERS INITIATED BY THE GENERAL MANAGER
a. There is a really big swim meet planned for this weekend at the RLCC.
b. The Rodeo Mixer is June 8 and if Board Members would like to attend please let Pat know and she will order tickets for you. If Board Members would like to ridein the Green Horn Team Penning Event we have entry forms.
c. The first Board meeting in June will be on the 15th.
d. The General Manager’s performance review will be on a June meeting agenda under closed session.
e. There will be Budget Workshop at the June 15th Board meeting; the preliminary budget will be presented for approval by the Board at the June 29th Board meeting; and the final budget gets adopted in August.
14. ADJOURNMENT: Meeting adjourned at 8:47 p.m.
Chair, Board of Directors
General Manager and ex-officio
Clerk to the Board of Directors
Area Recreation and Park District
4444 East Ave.
Livermore, California 94550-5053
Open 8 a.m.-6 p.m. M-Th.
8 a.m.-5 p.m. Friday
9 a.m.-noon Saturday