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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