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Board Meeting Minutes

LIVERMORE AREA RECREATION AND PARK DISTRICT
71 TREVARNO ROAD
LIVERMORE, CALIFORNIA 94551-4931

BOARD OF DIRECTORS
REGULAR BOARD MEETING

Wednesday, November 10, 2004
7:00 p.m., Council Chambers
3575 Pacific Avenue
Livermore, California

MINUTES

LARPD BOARD MEMBERS PRESENT: Alice Quinn, David Furst, Dale Turner and Chair Maryalice Summers Faltings (4)

LARPD BOARD MEMBERS ABSENT: Director Scott Kamena (1)

STAFF MEMBERS PRESENT: Tim Barry, Michael Kyle, Pat Kasberg, Barbara Kraybill, Brian Tibbetts, Mike Nicholson, and Felix Errico


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

Meeting was called to order at 7:03 p.m. by Chair Faltings. Director Kamena was noted absent at the time of roll call.

2. PUBLIC FORUM:  Public comment was received from:

a. Cynthia Bird, 4359 Pomona Way, Livermore. Ms. Bird stated that she is speaking on

behalf of the gardeners in the Community Garden and that she wanted to thank LARPD for allowing the Community Garden to remain as part of the Robert Livermore Recreation facility. Ms. Bird gave a brief status report as follows:

* The garden consists of 47 plots, two plots are being vacated and there are seven people on the waiting list.

* All ages and backgrounds are represented in those who garden, and there is a friendly family feeling among them; sharing produce, ideas, plants and banter.

* There is a liaison group between gardeners and LARPD that meet every month to address needs that may arise and help enforce the garden rules, plot maintenance, etc. LARPD staff and gardeners meet quarterly to address problems or suggestions.

* They have had a lot of good press this year. Ms. Bird distributed pictures to the Board and staff that had been printed with the articles in the newspapers.

* Next year they plan to have Open Garden from 9-11 a.m. on the first Saturday of the month from May through October, when most gardeners are working in their plots and available to greet the public. They also plan to have the garden open during the Grand Opening of the Robert Livermore Community Center.

 

Chair Faltings closed public comment.

3. CONSENT AGENDA:

3.1 Board Minutes

3.1.1  Special meeting of October 27, 2004.

3.2 Claim Again the District General Manager Barry informed the Board that a claim had been filed against the District on behalf of Sue Griffin, for an incident that occurred at Christensen Park. General Manager Barry recommended denial of the claim.

3.3  Communications

3.3.1  A letter from Joan Dickinson commending Senior Services Center staff and trips.

3.4 General Manager’s Monthly report (#57/4).

3.5 Payroll and Claims.

 

On a motion by Director Turner, seconded by Director Furst, approved the Consent Agenda items, passing 4-0.

 

4. CONSENT AGENDA:  RESOLUTIONS

 

On a motion by Director Turner, seconded by Director Quinn, adopted and approved Consent Agenda Resolutions by the following roll call vote:

AYES: Directors Turner, Quinn, Furst, and Chair Faltings (4)

NOES: None (0)

ABSENT: Director Kamena (1)

 

Resolutions adopted:

4.1 Resolution No. 1930, a resolution accepting a contract with the State Department of Education, Child Development Division for an Instructional Materials grant for $1,226.

 

5. BIDS AND PUBLIC HEARINGS:

 

5.1  BID RESULTS FOR ALMOND PARK 2004 LANDSCAPE IMPROVEMENTS

General Manager Barry reported on the bid results received for landscape improvements at Almond Park. Four bids have been received, with the low bidder Pacheco Brothers Gardening, Inc. submitting a bid of $363,553. The bid amount includes the add alternates. In addition, staff recommends a 15% contingency for the project. General Manager Barry also reported that the District has received a protest to the low bid and Legal Counsel Kyle has reviewed the protest and will make a report and recommendation.

 

Legal Counsel Kyle reported that he has reviewed the bid protest documents submitted by Gordon N. Ball and there are two issues: 

1) There was no indication anywhere in the bid of the amount bid for Add Alternate 2 which consists of ten 15-gallon trees. The low bidder included the cost of the trees in their total bid price but did not indicate the number of units. This is an allegation that the bid is non-responsive and whether or not the Board can waive an irregularity in the bid. The bid package has a specific place to insert Add Alternate 1 but does not have a place to insert a price figure for Add Alternate 2. Legal Counsel Kyle feels the low bidder did the best that they could by including Add Alternate 2 in the total bid price.

 

2) The unit price and number of units was left off on the pricing schedule. However, on the far right of the page the total price for each item is included. Legal Counsel Kyle stated the bid is regular in every other respect including the submission of the 10% bid bond and in his opinion the omission of everything except the total prices is of no consequence and the Board can waive it and accept this as the low bid and move forward. Legal Counsel Kyle further stated it is appropriate for the Board to find that the non-responsive elements of the bid are inconsequential.

 

Chair Faltings opened public comment.

 

Gary Pacheco, Pacheco Brothers Gardening, addressed the Board. Mr. Pacheco stated that he is a resident of Livermore and has been doing business in this area for 25 years. The company is based out of Hayward but they have a yard here in Livermore. Mr. Pacheco thanked the staff and District Legal Counsel for checking into the bid process and bid protest. He stated that he is in agreement with Legal Counsel’s findings. He looks forward to performing the work for LARPD.

 

General Manager Barry reported that $240,000 has been budgeted for this project and this is the second time going out to bid. The low bid is being accepted but it is significantly higher than the original budget estimate and he will be making up the difference through park in-lieu fees. The capital outlay budget will be adjusted during mid-year budget review.

           

Resolution:  On a motion by Director Turner, seconded by Director Furst, adopted and approved Resolution No. 1931, a resolution awarding bid for park improvements at Almond Park to Pacheco Brothers Gardening, Inc., by the following roll call vote:

AYES:            Directors Furst, Turner, Quinn and Chair Faltings (4)

NOES:             None (0)

ABSENT:        Director Kamena (1)

 

5.2  BID RESULTS FOR WATTENBURGER PARK 2004 LANDSCAPE IMPROVEMENTS

General Manager Barry reported on the bid results received for landscape improvements at Ralph T. Wattenburger Park. Two bids have been received for the landscape improvements with the low bidder American Civil Constructors, Benicia, California, submitting a bid of $286,310. The bid amount includes the add alternates and a 15% contingency for the project. This bid was also protested by Gordon N. Ball for the same reasons as the protest for Almond Park and Legal Counsel Kyle has reviewed this protest and come to the same conclusion, that it is appropriate for the Board to find that the non-responsive elements of the bid inconsequential and he recommends that the Board        award the bid to the low bidder.

 

Resolution:  On a motion by Director Furst, seconded by Chair Faltings, adopted and                approved Resolution No. 1932, a resolution awarding bid for park improvements at Ralph            T. Wattenburger Park to American Civil Constructors, by the following roll call vote:

AYES:             Directors Turner, Quinn, Furst, and Chair Faltings (4)

NOES:             None (0)

ABSENT:        Director Kamena (1)

 

No public comment was received.

 

6. OLD BUSINESS:  None

No public comment was received.

 

7. NEW BUSINESS:

 

7.1 TRANSFER OF PARK IN-LIEU FUNDS FOR ADMINISTRATIVE OVERHEAD

For the benefit of the viewing audience, Chair Faltings explained LARPD’s budget, stating that the LARPD budget is comprised of a general fund and a capital outlay fund.  General fund money comes from property taxes and program fees. Capital budget             funds come from in-lieu fees which developers pay in-lieu of giving LARPD parkland in their residential developments. Capital budget funds are used for new construction and renovation of existing facilities. It is illegal for LARPD to move money from the capital outlay budget to the general fund budget. LARPD can spend money improving parks and even augment the original budget amounts out of the         capital budget. At the same time, the District has had to lay off staff, reduce spending and cut programs in the general fund budget because that is the one that the Governor takes funds from to balance the State budget.

 

General Manager Barry reported that when the auditor’s report was accepted in March 2004, they recommended that the District do a cost of service study. LARPD engaged a firm and they are in the process of doing this. The auditors also recommended charging capital projects for the cost of the project administration. A legitimate cost to a capital project is the cost of the District’s staff in the implementation of that project. It has been the District’s practice in the past not to do this but to absorb those costs in the general fund. Due to the district’s financial condition this is a practice that has not been helpful to the general fund so staff wishes to make a correction for the fiscal year ending June 30, 2004. Staff wishes to go back to FY 2003/04 and make a corrective transfer of these administrative costs and allow the park in-lieu fees to pay for them.

 

The general fund has absorbed $495,000 of administrative overhead. Staff wishes to correct this in the 2003/04 fiscal year. There is $63,000 in force labor which is overhead that can be charged to the park in-lieu fees. Staff wishes to supplement that number by $432,000 and close out the audit for FY 2003/04. Beginning with FY 2003/04, overhead costs will be charged to park in-lieu fees for capital projects. Staff requests that the Board approve this budget change. The Board will have the opportunity to review the effects of these changes during the mid year budget review.

 

On a motion by Director Turner, seconded by Director Furst, the Board approved the staff recommendation to transfer funds from the park in-lieu fees to the general fund for 2003/04 for capital improvement project administrative overhead, passing 4-0.   

 

Resolution:  On a motion by Director Furst, seconded by Director Quinn, approved and adopted Resolution No. 1934, a resolution amending the FY 2003/04 budget to include the full force labor expense for administrative overhead costs attributed to development-funded capital improvement projects, not to exceed $432,000, by the following roll call vote:

AYES:             Directors Quinn, Furst, Turner and Chair Faltings (4)

NOES:             None (0)

ABSENT:        Director Kamena (1)

 

No public comment was received.

 

7.2  SYCAMORE GROVE REGIONAL PARK:  TRAIL NAMING AND SIGNAGE

Ranger/Naturalist Supervisor Nicholson reported that staff began developing trail names during the trail assessment program in January 2004. Staff prepared specific trail names and then solicited input from park users. Staff combined the themes and selected the names best suited for each trail. Combining the themes took into consideration historical, flora and fauna, geological and geographical references. The trail names recommended by staff reflect the rich history of the area and the unique wildlife values found within the park. Staff recommends that the Board accept the trail names and signage concept for Sycamore Grove Park as proposed.

 

Director Turner stated that the Facilities Committee has reviewed the proposed trail names and recommends that the Board accept the trail names and signage concept for Sycamore Grove Park.

 

Chair Faltings opened public comment.

 

Beth Wilson, 1503 Bluebell Court, Livermore, addressed the Board. Ms. Wilson stated that she is the person who addressed the Board two months ago suggesting that the trails be named. She feels that the project seems to be moving along expeditiously and she             wants to thank staff and the Board.

 

Chair Faltings closed public comment.

 

On a motion by Director Quinn, seconded by Director Furst, approved the staff recommendation for naming and signing of the trails in Sycamore Grove Park, passing 4-0.

 

Resolution:  On a motion by Director Quinn, seconded by Director Furst, adopted and approved Resolution No. 1935, a resolution adopting names and signing of the trails in Sycamore Grove Park, by the following roll call vote:

AYES:             Directors Furst, Turner, Quinn, and Chair Faltings (4)

NOES:             None (0)

ABSENT:        Director Kamena (1)

 

7.3  DISTRICT-WIDE SMOKING POLICY FOR DISTRICT FACILITIES

General Manager Barry reported that the staff recommends a district-wide smoking policy in an effort to follow city and state smoking ordinances as well as meet the needs of LARPD facilities and programs. The proposed policy states:  “Smoking or the           disposing of any tobacco-related waste is prohibited inside all LARPD-managed    buildings and swimming pool areas. Smoking is also prohibited within 100 feet of             public entrances/exits to these facilities, and 100 feet from park playgrounds as well as   outdoor youth-related events held on LARPD-managed facilities including events sponsored by LARPD.”

           

Director Quinn stated she feels that the policy should include trails.

 

Ranger/Naturalist Supervisor Nicholson stated that the regulations that govern Sycamore Grove Park prohibit smoking in the park.

 

General Manager Barry stated that trails are not part of staff’s concern but rather where people gather. He does not recommend that trails in the city be included in the district-wide smoking policy. There is no staff in and around trails to enforce this policy.

 

Director Furst stated that the proposed policy does not address smoking or use of tobacco at outdoor covered areas, the rodeo grounds, arena areas, and equestrian events.

 

Chair Faltings recommends a policy that encompasses all of LARPD, and that a statement should be added that determination of the policy will be on an individual basis.

 

On a motion by Director Turner, seconded by Director Furst, the Board recommendedreferring this item back to the Facilities Committee for language clarification, passing 4-0.

 

8.  ORAL REPORTS

 

8.1  ILLEGAL ACTIVITY AT THE SKATE PARK

Ranger/Naturalist Supervisor Nicholson reported on the bike use and vandalism at the Skate Park stating that the contractor has had numerable problems during this phase of construction. The principle problem involves trick bicycle riders breaking into the contractor’s storage yard at night and removing materials that they use to build temporary ramps and jumps in the skate park. The temporary fencing is not very secure and easy to get through. These problems should disappear when this phase of the construction is complete.

 

Director Quinn reported she has received a request from the BMX riders to share the use of the skate park with the skateboarders, and it is her understanding that other skate parks in the area do alternate the use between skateboarders and bicyclists.

 

General Manager Barry stated he was concerned about the liability and damage if both groups were allowed to use the skate park, and that it would require staff to enforce the schedule.

 

Chair Faltings directed staff to research policies of local skate parks with regard to alternating use by skateboarders and bicyclists and review the findings with the Facilities Committee.

 

8.2 ATV AND MOTORCYCLE USE AT ZUMBACH RANCH

Ranger/Naturalist Supervisor Nicholson reported on the ATV and motorcycle use at Zumbach Ranch. In September it was reported to the Ranger staff that ATV and motorcycle tracks were seen on the Zumbach Ranch property. Ranger staff patrolled the area and discovered that the motorcycle tracks belonged to new residents on the land that had been part of the Zumbach Ranch before the subdivision of the property. They indicated that they were not aware that they could not ride in the area and agreed not to do so in the future. Ranger staff has not been able to identify who is driving the ATV on the property. The City of Livermore plans to put up some dirt barriers across the trails and barricades in two different locations leading up to the area making it more difficult to access the area. Ranger staff will continue to patrol         the area.

 

Director Furst stated it was his understanding there was going to be fencing along the trail. General Manager Barry stated he will review the planning documents and see what was approved.

 

Ranger/Naturalist Supervisor Nicholson stated he has reviewed the plans and there is some new fencing between the old Zumbach property and the flat area leading up to the hills. From the hills where the trail snakes along the base there is no fencing to separate the trail from that area. Since the trails can’t be secured during the evening the hill area is accessible to anyone. When the trail opens to the public there will be two access points, one off of Arroyo Road at Wetmore along the Wente property up through the Zumbach Ranch down to Marina. Plus, there will be access from the neighborhood at the end of Hansen Road.

 

8.3  ROBERT LIVERMORE COMMUNITY CENTER UPDATE

The Board received the monthly report from the consultants on the status of the construction and budget.  General Manager Barry reported that staff met with the heating, ventilation and air conditioning sub contractor and it was a productive meeting. This is one of the systems that is incomplete but the work seems to be progressing better and the opening of the community center is still scheduled for Winter 2005

 

9.  COMMITTEE REPORTS:

 

The Board received reports on the nine committee meetings attended since the Regular Board Meeting of October 13, 2004, as follows:  Facilities, Budget, Alameda County Sanitary District, (3) Intergovernmental, Downtown, Inc., Ravenswood Progress League, and Community Center.

 

10. MATTERS INITIATED BY THE DIRECTORS

 

a.  Director Quinn would like staff to consider re-using the sod at Robertson Park if LARPD receives grant money and the soccer fields are replaced with artificial turf.

b.  Chair Faltings would like staff to look into providing recreational opportunities for developmentally disabled adults like the RADD program in Pleasanton.

c.  Chair Faltings announced that she has received her diploma from CSDA for completing the course in Special Districts Governance.

 

11. MATTERS INITIATED BY THE GENERAL MANAGER

 

General Manager Barry congratulated Steve Goodman, newly elected to the Board of Directors, who will begin his term in December. General Manager Barry also thanked Director Quinn who has served extremely well during her time as a member of the Board of Directors.

 

12. RESOLUTIONS:

 

12.1  Resolution No. 1933, commending Director Alice Quinn for long and distinguished service to the Livermore Area Recreation and Park District.

 

On a motion by Chair Faltings, seconded by Director Furst, adopted and approved Resolution No. 1933, a resolution commending Alice Quinn for long and distinguished service to the Livermore Area Recreation and Park District, by the following roll call vote:

AYES:             Directors Turner, Quinn, Furst, and Chair Faltings (4)

NOES:             None (0)

ABSENT:        Director Kamena (1)

 

 

13. ADJOURNMENT

 

Meeting adjourned at 8:37 p.m.

 

 

                                                                     APPROVED:

 

 

 

            _____________________________________         

            Chair, Board of Directors

ATTEST:

 

 

 

______________________________________

General Manager and ex-officio

Clerk to the Board of Directors

Livermore Area Recreation and Park District
71 Trevarno Road
Livermore, California 94551-4931
(925) 373-5700
Open 8 a.m.-5 p.m. weekdays
E-mail: info@larpd.dst.ca.us
© 2001