MINUTES

REGULAR MEETING

 

WEDNESDAY, JANUARY 31, 2007

 

ROBERT LIVERMORE COMMUNITY CENTER

4444 EAST AVENUE, LIVERMORE, CALIFORNIA

7:00 P.M.

CRESTA BLANCA BALLROOM

 

 

 

DIRECTORS PRESENT:              Director Faltings, Director Furst, Director Goodman, Director Kamena and President Turner (5)

 

DIRECTORS ABSENT:                                  None (0)

 

STAFF MEMBERS PRESENT:            Tim Barry, Jim Brandenburg, Lora Cohen, Michael Kyle, Gretchen Sommers, Maureen Gandara Swinbank

 

 

 

1.         CALL TO ORDER – ROLL CALL – PLEDGE OF ALLEGIANCE

Meeting was called to order at 7:02 p.m. by President Turner. Roll was taken and all Directors were present.

 

President Turner recognized Julie Bright of TV30, who will no longer be at the board meetings as she is returning to school.

 

2.          PUBLIC FORUM

President Turner asked for public comment. No public comment was received.

 

3.          CONSENT AGENDA:

3.1   BOARD  MINUTES

        3.1.1   Meeting of January 10, 2007.

3.2   COMMUNICATIONS:  None.

 

On a motion by Director Faltings, seconded by Director Goodman, approved the Consent Agenda, passing 5-0.

 

4.            CONSENT AGENDA:  RESOLUTIONS: 

4.1   Resolution No. 2041, a resolution approving the lease extension agreement with the Charter Learning Corporation and the Livermore Valley Joint Unified School District for use of space at the Charter School.

 

        President Turner thanked the School District and the Charter School. Director Kamena also expressed his appreciation to the two groups.

 

        The Board of Directors approved the Consent Agenda Resolution by the following roll call vote: 

 

AYES:                            Director Faltings, Director Furst, Director Kamena, Director Goodman and President Turner (5)

 

NOES:        None (0)

 

ABSTENTIONS: None (0)

 

ABSENT:             None (0)

 

5.         BIDS AND PUBLIC HEARINGS:  None.

 

6.          OLD BUSINESS:  

6.1    FRIENDSHIP CENTER RELOCATION STATUS

                    President Turner explained that the Board will receive a status report on the search for a new location for the Friendship Center and consider the funding source and site selection for the project.

 

General Manager Barry stated that staff has no recommendation this evening on the site selection as there is not enough information available at this time. He said that the Board will take no action on the site selection tonight, but staff will ask for approval of the CDGB grant application for the Friendship Center relocation project. General Manager Barry asked that this agenda item be moved to later in the agenda as the consultant was not there yet. Other agenda items were addressed until the consultant arrived.

 

                    Bob Deiss of ATI stated that firm was asked to look at another potential site for the relocation of the Friendship Center. He showed slides of an aerial view of the City-owned site on Pacific Avenue. He listed the physical requirements of the Friendship Center, including space, parking, drop off, etc. He reported that ATI was asked to consider a second user for the site as well. Mr. Deiss said that he was asked to visit the site and study and evaluate a number of items. He has completed that work and prepared a cost estimate and written report. He said that his opinion is that this is an excellent site for the Friendship Center. He said the location is quiet, yet there is enough activity to interest the clients; the site is about the right size, and is large enough to provide room for expansion; it is a relatively flat piece of land with no drainage or geotechnical issues; utilities are readily accessible; there are no native species of trees that would be disrupted by development; and there is no apparent objection from the City regarding neighbors of the site.     Mr. Deiss reported on many details of the attributes of the site He estimated that, not including escalation, change orders, etc., construction of a new facility would cost approximately $5.6 million cost. He reiterated that the site would be for two users. He said that construction of a facility is not achievable in one year, that it would be more like an 18-month or 2-year project.

                   

Directors, staff and the consultant discussed various items, including: distance between the skate park and the site; about how the future bike stunt course might affect the program; size of the current Friendship Center; what the cost would be for a 4,000 sq. ft. building, as opposed to the proposed 10,000 sq. ft. facility; what client capacity staff were planning for; the reason for including a second user; concern about whether the District can afford such an expense, etc.

 

Jean Prasher, Human Services Program Manager for the City of Livermore, said that the recommendation for a second tenant was developed in committee meetings and other meetings that Mr. Deiss he had had with city staff, who feel that bringing another user in could help with extra revenue. President Turner asked if the City has agreed to give or sell this land to LARPD. Ms. Prasher responded that this is under discussion at this time. She said that a letter will be requested from LARPD to the City if it is determined that the District wishes to pursue this site. She said she thinks the City would be amenable to such a request, as the City Council recognizes the importance of the Friendship Center program.  President Turner said he feels the Board needs more information in order to make any type of decision. General Manager Barry responded that he looks forward to providing Directors with a report containing all the pieces, and that staff requires more time to do so. Tonight’s presentation has been informational. However, he said, the deadline for the CDGB grant application is right now. He said he feels there is a good chance that the District would receive this.

 

President Turner opened public comment.

 

1)  Dennis Gambs of the Tri-Valley Adult Day Care Program (TVADCP) Board said he would like to address Director Furst’s question about why there is a desire to expand the program. He said that the program could tap into funding from a development impact fee, that expansion will be a funding source. He said he feels that the element of an additional user could help with costs as well.

 

President Turner closed public comment.

 

Mr. Deiss of ATI said he would be happy to adjust the cost estimate if the Board would like to consider a lower capacity site. He said that he is responsible for adjusting it to a higher capacity, not LARPD. He said that he felt that if the District was spending this kind of money and building this kind of site, it needs to consider the future. President Turner agreed that you must plan for expansion. He said that the Board needs to be convinced that the District can afford this. General Manager Barry clarified that the block grant does not require the District to specify a site for the program.

 

Director Furst made a motion, seconded by Director Kamena, to approve the District’s application for CDBG grants from the cities of Livermore and Pleasanton, for $125,000 each.

 

President Turner asked for Director comment. No Director comment was received.

 

President Turner called the motion. The motion to approve the District’s application for CDBG grants from the cities of Livermore and Pleasanton, for $125,000 passed 5-0. Mr. Barry stated that a full report will be brought to the Board on at its meeting on February 14. Director Furst requested that timelines be included in the report.

   

7.          NEW BUSINESS: 

7.1   DISTRICT AUDIT FOR FISCAL YEAR 2005/2006

        President Turner explained that the Board will conduct a review of the District’s Audit Report for 2005/2006 and consider acceptance. General Manager Barry stated that the District Fiscal Supervisor and a representative from the auditors are present to answer any questions. Fiscal Supervisor Cohen said that the District had a clean audit this year, with only two minor recommendations on the ESS audit. Se expressed appreciation to Maze and Associates for the thorough job they did. Director Faltings requested that a management letter be included in future audits.

 

        President Turner asked for public comment. No public comment was received. 

 

        Director Faltings made a motion, seconded by Director Furst, to accept the District Audit for Fiscal Year 2005/2006.

 

        President Turner asked for Director comment. No comment was received from Directors.

 

        President Turner called the motion. The motion to accept the District Audit for Fiscal Year 2005/2006 passed 5-0.

 

7.2   EXTENDED STUDENT SERVICES PROGRAM AUDIT FOR FISCAL YEAR 2005/2006

       

        The Directors had no questions.  

 

        President Turner asked for public comment. No public comment was received.

 

        Director Kamena, made a motion, seconded by Director Faltings, to accept the Extended Student Services Program Audit for fiscal year 2005/2006.

 

        President Turner asked for Director comment. President Turner commended Superintendent of Youth Services Kraybill on the program.

 

        President Turner called the motion.  The motion to accept the Extended Student Services Program Audit for fiscal year 2005/2006 passed 5-0.

 

 

7.3   CHANGE IN JOB DESCRIPTION FOR ADMINISTRATIVE ASSISTANT POSITION

        President Turner explained that the Board will consider approving a change in the job description for the Administrative Assistant position. General Manager Barry explained that he intends to request reclassification of the current Administrative Aide, Carolyn Ulrich, who works in human resources, to the position of Administrative Assistant. He said that he saw that modification of the current Administrative Assistant job description would make the job description fit the function that Ms. Ulrich currently fulfills. He said that the job description was broken down into three classifications: human resources, finance and administration. He requested that the Board approve changing the job description for the position of Administrative Assistant, as detailed in the staff report.

 

        Director Kamena asked the General Manager for clarification on several items, including: the pay rate of both positions; the finance portion of the job description; whether current employees in this position perform the duties in the new job description; whether the current incumbent has any training in human resources. Mr. Barry stated that there are similar requirements in each of the three departments and a set of duties that all persons in this position do, as well as a set of duties that are specific to each department. He explained that this would provide flexibility in the future if positions needed to be moved around.

 

        Director Furst stated that, as a member of the Personnel Committee, he is very supportive of this job change. Director Goodman stated that from what he has observed, the person in question has been working out of her job classification. President Turner asked whether the question of regarding human resources training is really relevant tonight. He asked if the General Manager has the power to appoint someone to a position. Mr. Barry replied that the Board does not approve personnel hiring; however, the board approves reclassifications.   Mr. Turner asked what the salary difference is between the positions of Administrative Aide and Administrative Assistant. Ms. Cohen responded that the difference is approximately $3,500 a year at the top range. Director Kamena asked if when someone gets reclassified, the salary range within the new position changes. Mr. Barry responded that the salary changes by 5%.  He said that if the employee’s current salary is within the range of the new position the employee would receive a 5%increase within the range; if the employee’s current salary is below the minimum range, the employee’s salary would increase to the minimum of the range. 

 

        President Turner opened public comment. No public comment was received.

 

        Director Furst made a motion, seconded by Director by Goodman, to approve the change in job description for the position of Administrative Assistant that is recommended by the General Manager and the Personnel Committee.

 

        President Turner asked for comment from the Directors. Director Kamena said that he was concerned that the District has done reclassifications a lot over the past year, where job descriptions have been changed to fit what a person is doing. He said the effect is that someone gets a raise, but his job does not change. He said that this takes staff time, etc. and the end effect is that someone gets a raise and they are doing the same job. He said he sees a pattern and is concerned. 

 

        Director Faltings said that, historically, specific job descriptions having been a pet peeve of hers. She said she sees this job description change achieving a broad category of Administrative Assistant, divided into categories. She said she sees this as a move away from narrow job descriptions, achieving a more general job description for this position, with some further particulars depending upon the particular functions of the department that the employee works in. She noted that the District currently has this type of division in a job description within the parks division. She said it is the same job description with special skills/duties depending upon the department.

 

        Director Kamena said he sees it as narrowly defining the job description. President Turner said he feels this type of reclassification is important to the General Manager because people like to be recognized for working outside of their classification and making extraordinary effort in their jobs. Director Goodman said that the layoffs that the Districts experienced in 2004 necessitated changes in what duties employees were performing. He said that the proposed changes in the job description seem to be a reflection of what the incumbent is currently doing.

 

        General Manager Barry said he stated that he agrees with Director Goodman, that the District went through a layoff two years ago and has not filled some of the positions that were lost. He said that he would prefer to reclassify the position rather than hiring new people. Thus, it still saves the District money. He said that the duties of the laid off employees did not go away when the layoffs occurred. He said that the current employee is indeed performing the duties of the higher level position of Assistant to the General Manager, which was laid off. Director Kamena responded that he had been unaware of that.

 

        President Turner called the motion. The motion to approve the change in job description for the position of Administrative Assistant that is recommended by the General Manager and the Personnel Committee, passed 4-1, with Director Kamena dissenting.

 

8.            MATTERS INITIATED/ANNOUNCEMENTS BY THE DIRECTORS

            1) Director Kamena invited the public to attend the Super bowl Party on Sunday at the RLCC, and said that it is a fundraiser for the Livermore Youth Football League.

            2) Director Furst asked about the Sycamore Grove Recovery Plan report. He asked what the status is and when the District will receive it.

3) Director Furst asked about the status of the Master Plan and if the District is on schedule.

4) Director Faltings invited the public to come and look at the new shade structures that have been put up on the pool deck at the RLCC.

5) Director Goodman mentioned that it was a year ago that LARPD was asked to keep the pool open year round. His understanding is that people are indeed using it year round and he thanked them.

6) Director Goodman announced that this year marks the 60th anniversary of LARPD and there will be activities throughout the year. He asked any people with ideas or memorabilia about the District to contact Community Center Director Rich Lange.

 

9.            MATTERS INITIATED/ANNOUNCEMENTS BY THE GENERAL MANAGER

1) General Manager Barry reminded the Directors that there is a Board retreat at 6:30 p.m. on Monday, February 5, 2007.

 

Meeting adjourned to Executive Session at 8:20 p.m.

 

10.              EXECUTIVE SESSION

            10.1  CONFERENCE WITH LEGAL COUNSEL–ANTICIPATED LITIGATION:

                      Pursuant to subdivision (b) of Section 54956.9 of the Government Code.

                      Number of Cases: 1

                      Claimant:  Joshua Wright

 

10.2   REAL ESTATE NEGOTIATIONS

                      Pursuant to Section 54956.8 of the Government Code

Property:  Sycamore Grove Park, 1051 Wetmore Road, Livermore, CA

                      Agency Negotiator: District Staff and/or Legal Counsel

                      Negotiating Parties: Chevron Pipe Line Company

                      Under Negotiation: Easement agreement

 

11.              RECONVENE TO OPEN SESSION

            Meeting reconvened to Open Session at 9:00 p.m.

 

12.             REPORT OF ACTION TAKEN IN EXECUTIVE SESSION

             No action to report.

 

13.        OTHER NEW BUSINESS: 

 13.3 CLAIM AGAINST THE DISTRICT

        A claim against the District has been filed on behalf of Joshua Wright. Staff recommends rejection. (Motion)

 

On a motion by Director Faltings, seconded by Director Goodman, approved the staff recommendation to reject the claim on behalf of Joshua Wright and forward the claim to the District’s insurance carrier, passing 5-0.

 

14.            ADJOURNMENT

Meeting adjourned at 9:03 p.m.

 

APPROVED,

                                                           

                                                                                    _______________________________

                                                                                    Dale Turner

President, Board of Directors

ATTEST:

 

__________________________

General Manager and ex-officio

Clerk to the Board of Director