AGENDA
REGULAR
MEETING
WEDNESDAY,
AUGUST 30, 2006
ROBERT
LIVERMORE COMMUNITY CENTER
4444 EAST
AVENUE, LIVERMORE, CALIFORNIA
7:00 P.M.
CRESTA
BLANCA BALLROOM
DIRECTORS PRESENT: Director
Furst, Director Goodman, Director Turner and President Kamena (4)
DIRECTORS
ABSENT: Director
Faltings (1)
STAFF MEMBERS PRESENT: Tim Barry, Jim
Brandenburg, Barbara Kraybill, Michael Kyle, Gretchen Sommers, Brian Tibbetts
Meeting was called to order at 7:07 p.m. by
President Kamena. Roll was taken and all Directors were present except Director
Faltings.
2. PUBLIC FORUM
President Kamena asked for public comment on any
item not on the agenda.
1) Marie Abbott, 181 Trevarno Road, representing
the Livermore Heritage Guild, spoke to promote a new book recently published,
titled “Early Livermore.” The book is selling for $21.74. Ms. Abbott informed
Directors that the book is for sale at the Livermore Heritage Guild.
2) Gwen Ulibarri, 649 Los Alamos Avenue, asked
for LARPD support of the “Recreation Activities for the Developmentally
Disabled” (RADD) program. She said that this agency primarily serves Pleasanton
residents, but also allows Livermore residents. However, Livermore residents
cannot go much because of funding shortages. She listed some of the activities
that this group offers. She hopes a program can be started in Livermore. She
said the contact name is Becky and her office is located in the Gingerbread
House on Black Avenue.
2) Robert E. Garrison, 1376 Portola Meadows Road,
had a complaint about the height of the pool tables at the RLCC Senior Center.
He said that the tables were heightened to accommodate one person who is 6’5”
tall. He offered to pay the cost of lowering the tables, if need be.
President Kamena closed public comment.
3. CONSENT AGENDA:
3.1 BOARD
MINUTES
3.1.1 Meeting of August 9, 2006.
3.2 COMMUNICATIONS: None.
On a motion by Director Turner, seconded by Director
Goodman, approved the Consent Agenda, passing 4-0.
4. CONSENT AGENDA: RESOLUTIONS:
4.1 Resolution No. 2031, a resolution amending
the Salary Resolution by adding the title and salary for the position of Senior
Park Supervisor, and incorporating the amended job descriptions for the positions
of Park Maintenance I and II.
4.2 Resolution No. 2032, a resolution
authorizing acceptance of the Trail Segment H improvements for permanent
maintenance.
4.3 Resolution No. 2033, a resolution approving
the third amendment to the General Manager’s employment agreement with the
District.
On a motion by Director Goodman, seconded by
Director Turner, approved the Consent Agenda Resolutions by the following roll
call vote:
AYES: Director Goodman, Director Turner,
Director Furst and President Kamena (4)
NOES: None (0)
ABSENT: Director
Faltings (1)
Director Furst asked about the gate that was installed
along Trail Segment H, whether it is locked or not. General Manager Barry and Senior
Recreation Supervisor Tibbetts responded that it is not being locked currently,
but has a lock on it in case the neighborhood residents feel the gate is being
overused, in which case they would have the option of locking the gate and
giving keys to residents. Director Furst asked whether LARPD would have keys if
a lock is put in place. General Manager Barry stated that, yes, LARPD would
have keys.
Director Furst asked about the width of the d.g.
path along the trail. Mr. Tibbetts responded that there is an easement on the
trail with the ability to increase and decrease the width of the path depending
on the width of the easement in certain locations.
President Kamena opened public comment.
1) Sue Plotkin, 2600 Nicobrian Lane, Livermore, asked
why residents of a neighborhood have a say in whether or not too much people
are accessing an LARPD trail. General Manager Barry stated that the residents
paid for the gate.
2) Kathy Chase, 879 McGlinchey Drive, Livermore, asked about the width of the
trail. She noted that often trails are very close to bike paths or sometimes
that trails are too narrow. What is the width, she asked. Mr. Tibbetts
responded that it ranges from 8 feet to 4 feet, depending on the easement. He
said that there is an 18-inch space between the equestrian trail and the
asphalt trail, and this is consistent along the length of the trail. Ms. Chase
thanked the Directors for putting an equestrian trail there.
3) Kelly Albrecht, 1733 Old Tower Road,
Livermore, asked if the trails were originally designated as multi-use trail or
was it originally designated as an equestrian trail. General Manager Barry responded
that it was originally a multi-use trail.
President Kamena closed
public comment.
5. BIDS AND PUBLIC HEARINGS:
5.1 PUBLIC HEARING
ON DESIGN AND LOCATION CHANGE OF PROPOSED NEW PLAYGROUND AT ROBERTSON PARK
General Manager Barry summarized the staff
report regarding the proposed playground project and its connection with the
Arroyo Crossing Development. Mr. Barry introduced Sherri Tafel of Beals
Alliance. Ms. Tafel presented and explained diagrams of the proposed new site
and the playground amenities.
President Kamena opened public comment.
1) Mary Jo Rittmann, 384 Martingale Avenue,
asked about restroom location.
2) Russ Shover, 3970 Fordham Way, Livermore,
asked about the Master Plan which was included as part of the Board meeting packet, as it shows the elimination of
the equestrian arena.. President Kamena and General Manager stated that it is
the current, but out-of-date master plan.
3) Tiffany Albrecht, 1733 Old Tower Lane,
Livermore, asked how large the playground will be. Ms. Tafel responded that the
site is 1/3 of an acre.
4) Alice Quinn, 2300 No. Livermore Avenue, Livermore
had a complaint about the Master Plan which was included in the packet. She
requested that items not be put into packets that are not in the Master Plan.
She also wondered why the proposed Robertson Park soccer complex schematics are
on display tonight. President Kamena responded that Beals Alliance has been
contracted by LARPD to design a new soccer complex. He confirmed that the Master
Plan is not being voted on tonight.
5) Dorothy Chappell, 2375 Chateau Way,
Livermore, asked if the playground is on the plain of the creek. Kamena said it
is not on the creek plain, nor is it near it.
She asked about fencing, also. Ms. Tafel explained the fence
composition. Ms. Chappell expressed concern about the fence holding back the
creek water. She said is concerned
about the fence trapping debris deposited by high water when the creek floods. General
Manager Barry explained that the location of the playground is the highest
location in the park. The purpose of the fence, explained Ms. Tafel, is for
children’s safety only, not to contain water.
6) Kelly Albrecht, 1733 Old Tower Lane,
Livermore stated that she was confused about the Master Plan that was in the
packet. She questioned the continuity. She asked about the concept of paving
the path from the bridge; she stated it is equestrian trail and should not be
paved. President Kamena responded that the type of paving has not been decided;
it’s to make it easier for people with strollers.
7) Stacy Labrucherie, 2335 Lennox Court,
Livermore, suggested that the proposed sand lot area be used for something
else. She is concerned about the transmission of contagious diseases, such as
pink eye. She suggested that LARPD consider replacing the sandbox with
something else. Ms. Tafel explained that the amenities in this park were added
in response to requests from the community. One of the amenities requested was
a sandbox.
8) Mary Jo Rittmann, 384 Martingale Avenue,
stated that she has worked at preschools for 34 years. 1/3 of the playground at
Our Savior Lutheran School is sand. The site is right on the other side of
Robertson Park, and they have had no problem with their sand lots.
9) Kathy Chase, 879 McGlinchey Drive, Livermore,
said she is very pleased that the Board has decided to move the playground to
what she feels is a much safer, more appropriate location. She is pleased the Board
has been responsive to the concerns expressed by citizens about the former
location.
President Kamena closed public comment.
On a motion by Director Turner, seconded by Director
Furst, approved the design and new location of the proposed playground at
Robertson Park, passing 4-0.
President Kamena expressed appreciation to LARPD
staff and to Beals Alliance for moving so quickly and to Beals Alliance for
their thoroughness. He also noted that one is as likely to contract pink eye
from a sandbox as from a playground.
General Manager Barry clarified that this
amendment to the development agreement still has to be approved by the City of
Livermore Planning Commission and the City Council and that LARPD is hopeful
that they will approve it.
5.2 BIDS FOR ROBERTSON PARK EQUESTRIAN CENTER
SHOW ARENA COVER
General Manager Barry summarized the staff report
and the history of the equestrian show arena cover bid and meeting process.
President Kamena explained that this has been a very
long process. This project has been something the equestrian community has been
asking for a long time. It is something that the District has wanted to do, but
we have hit many roadblocks. For example, a donated arena cover did not work
out. Also, two times the District received bids that were too high. Then, the City
was requiring a sprinkler system, which was later retracted. He stated we’ve
gone out to bid twice. This is the first time we’ve gotten a bid within budget.
Director Turner asked District Legal Counsel Kyle
what action the Directors are supposed to take tonight. Mr. Kyle responded that
the choice is to accept low bid and proceed or to reject all bids. Mr. Kyle
stated the District has followed the correct procedures in the bid process.
President Kamena asked for, and received from staff, clarification on the
responses of each of the bidders. He noted that another option is the add-alternate
for a larger roof for the arena cover (190’x300”, as opposed to 150’x300’). Mr.
Kamena said the District is obliged to accept the lowest bid. Also the District
may consider the bid by Gowan for the larger cover, which exceeds the amount in
the District budget.
President Kamena opened public comment, limiting
individual comments to three minutes.
1) Lee Savoy, 989 South L Street,
Livermore, asked how much money is in the fund for the arena cover. President
Kamena stated there is not a separate account for the arena cover. The board
has designed $745,000 in the District budget for the arena cover. Mr. Savoy
requested that additions be made to arena with money leftover from the maximum
budgeted amount.
President Kamena responded that the District
cannot legally decide on that tonight, but that it might be considered later.
2) Kathy Chase, 879
McGlinchey Drive, Livermore said she is excited about this project coming to
be, but said she is disappointed that the Bob Marshall and other company’s bids
cannot be considered. She wondered if it is a matter of legality or expediency.
She said most of these companies are already bonded so the District’s asking
for another bond is redundant. She said we could have done better if we had
established a different basis for accepting bids.
President Kamena asked Mr. Kyle for
clarification on this issue; the information he has indicates that the unconsidered
bids are “not responsive,” the disqualified bidders did not provide what was
requested in the bidding process. Mr. Kyle explained that this requirement is a
requirement of every bid that is submitted on a public project and that this is
to ensure that the bids are legitimate. It is a state law requirement. The bid
must be accompanied by the 10% bidders bond. It is a long standing procedure,
and it is separate from other bonding that companies have.
3) Russ Shover, 3970
Fordham Way, Livermore, President of the California State Horsemen’s Association
(CSHA), Region 5, commended the equestrian enthusiasts present at the meeting
tonight for their efforts in securing bids.
Mr. Shover asked when construction will start, how long will it take,
and if there are any contingencies in the plans? He asked if the arena will be
available on a 24 hour basis, as the current arena is.
President Kamena responded that the District
generally plans for contingency needs. He also noted that no District
facilities are open 24 hours; the hours will essentially be available on the
same schedule as current facilities; any changes to that would need to be
discussed. Mr. Tibbetts said that it will take 6-8 weeks to get the steel
delivered for construction, but that once the contract is signed, the bidder
can get to work on the foundation.
General Manager Barry stated that he thinks it will be completed by spring
2007.
4) Diane Davis, 19100 Mines Road, Livermore, asked
abut the two bids from Gowan, specifically the bid amount for the second,
larger cover, that would cover spectators.
Ms Davis stated that a covered arena would attract more users and
spectators.
5) A woman asked if there are drawings of what
the arena will look like. Mr. Tibbetts responded that the bid packet went out
with drawings. Bridget said she agrees with the previous speaker about the
advantages of covering the spectators.
6) Alice Quinn, 2300 North Livermore Avenue,
Livermore, said she thinks it would be better to go with the larger cover, to
cover the spectators. This would benefit events other than equestrian events,
also.
7) Stacy Labrucherie, 2335 Lenox Court,
Livermore, thanked the Directors for considering this project. She said it has
been a pleasure working with staff and board, as a member of the arena cover
sub-committee. She thanked the sub-committee members who researched
contractors. She expressed a wish for a cover over the spectator area, also.
8) Gina Tuliana, CSHA Region 5, asked if the
District has a more definite date that Spring 2007 for completion of the arena
cover. President Kamena said that no, LARPD cannot give a firm date.
President Kamena closed public comment.
President Kamena thanked everyone for coming,
especially the Livermore residents. Mr. Kamena re-stated the options, which are
to reject the bids, or to accept Bid 1 or Bid 2 from Gowan Construction.
The Directors discussed the
different options available.
On a motion by Director Turner, seconded by President
Kamena, approved Resolution No. 2034, awarding bid #2 for construction of a 150
ft. x 300 ft. Robertson Park Equestrian Show Arena Cover to Gowan Construction,
Inc. for $658,856, by the following roll call vote:
AYES: Director
Goodman, Director Turner, Director Furst and President Kamena (4)
NOES: None (0)
ABSENT: Director
Faltings (1)
Director Turner thanked Alice Quinn for her work
as a former LARPD Director. He also thanked Stacy Labrucherie and the sub-committee, saying they proved a lot
of people wrong by getting the job done.
President Kamena thanked all for coming.
6. OLD BUSINESS:
6.1 LEASE
AGREEMENT WITH LIVERMORE VALLEY PERFORMING ARTS CENTER (LVPAC) FOR USE OF THE
BOTHWELL RECREATION CENTER
General Manager Barry summarized that the Bothwell
Recreation Center was deemed by the Board to be surplus when the Senior
Services Center moved to the Robert Livermore Community Center and the District
went through a process of determining who should use the center. LVPAC came out
as that user. Tonight is the culmination of work on a lease agreement with LVPAC. It is here for discussion and approval by
the board tonight.
Directors, staff, and District Legal Counsel
Kyle discussed some last-minute items of negotiation with LVPAC Acting
Executive Director Len Alexander. The areas under discussion were mainly issues
regarding semantics. Some of the items had to do with conditions regarding
timely receipt of lease payments and the notification process by LARPD. There
were also issues to do with sub-leasing. Detailed discussed occurred regarding
the policy for rent increases; whether LARPD’s rent should be subject to the
same cpi increase as LVPAC’s rent.
On a motion by Director Turner, seconded by Director
Furst, approved Resolution No. 2035, a resolution approving a lease agreement
with the Livermore Valley Performing Arts Center for use of the Bothwell
Recreation Center (with the understanding that LARPD’s rent would increase at
the same rate as LVPAC’s rent), by the
following roll call vote:
AYES: Director
Goodman, Director Turner, Director Furst and President Kamena (4)
NOES: None (0)
ABSENT: Director
Faltings (1)
Mr. Alexander requested that the President of
the Board be able to sign off on the final lease without coming back to the full
Board. Director Goodman stated that he would like District Legal Counsel to be
consulted on this.
7. NEW
BUSINESS: None.
8. MATTERS INITIATED/ANNOUNCEMENTS BY
THE DIRECTORS
1) Director Goodman encourages all to get a copy
of the “Early Livermore” book. He also addressed the lady who asked for us to
support the RAD program. He said the District has long wanted to help people
with special needs. He encourages the District to consider supporting it.
2) Director Turner asked that visual aids for
the meetings be positioned so that the audience can see them. He stated that it
is more important for the audience than the Directors to be able to see them.
3)
Director
Turner stated he would like the Board President to sign a letter drafted by
staff thanking Stacy Labrucherie and the equestrian arena cover sub-committee.
4)
Director
Turner stated that at some point in the near future the District needs to make
decisions about what to do with the Merritt Building and Little House.
5) President Kamena requested that in the mid-year
budget review the District consider paving the trail at Robertson Park. Also,
traditionally there has been a large population of feral cats in Robertson Park.
Mr. Kamena had a citizen call him this weekend who is from an animal rescue
group. She traps feral cats and has them neutered or spayed, and adopted. Mr. Kamena does not wish to encourage people
to drop off their animals at Robertson Park. It is horrible and reprehensible. The
animal rescue person feeds the cats, also, which has been a source of concern
for LARPD rangers, who have ordered her not to do so, as they are concerned it
will encourage people to drop off their animals. He has discussed the issue with
the General Manager and discovered that the District does not have policy. Mr.
Kamena would like the District to establish a policy on this issue.
None.
Meeting recessed at 8:54 p.m.
Meeting convened to Executive Session at 9:00 p.m.
10. EXECUTIVE SESSION
10.1 REAL ESTATE NEGOTIATIONS
Pursuant to Section 54956.8 of the Government Code
Property: Sonoma School, 543 Sonoma Ave., Livermore, CA 94551
Agency Negotiator: District Staff and/or Legal Counsel
Negotiating Parties: Livermore Valley Joint Unified School District
Under Negotiation: Lease agreement
10.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Section 54957 of the Government Code.
Title: General Manager
11. RECONVENE TO OPEN SESSION
Meeting reconvened to Open Session at 10:10 p.m.
12. REPORT ON ACTION TAKEN IN EXECUTIVE
SESSION
No action taken on Item 10.1. For Item 10.2, on a motion by Director Turner, seconded by Director Furst, approved the General Manager’s goals for 2006/2007, passing 4-0.
13. ADJOURNMENT
Meeting adjourned at 10:12 p.m.
APPROVED,
_______________________________
President,
Board of Directors
ATTEST:
__________________________
General Manager and ex-officio
Clerk to the Board of Director