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

 

 

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

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.

 

9.            MATTERS INITIATED/ANNOUNCEMENTS BY THE GENERAL MANAGER

            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