LIVERMORE AREA RECREATION AND PARK DISTRICT

 

MINUTES

 

REGULAR MEETING OF THE

BOARD OF DIRECTORS

 

WEDNESDAY, DECEMBER 12, 2007

 

ROBERT LIVERMORE COMMUNITY CENTER

4444 EAST AVENUE, LIVERMORE, CALIFORNIA

7:00 P.M. 

CRESTA BLANCA BALLROOM

 

 

DIRECTORS PRESENT:          Director Faltings, Director Furst, Director Kamena, Director Wilson and President Goodman

 

DIRECTORS ABSENT:               None

 

STAFF MEMBERS PRESENT:          Tim Barry, Lora Cohen, Jill De Bow-Kirk, Barbara Kraybill, Michael Kyle, Mike Nicholson, Gretchen Sommers, Brian Tibbetts

 

 

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

Meeting was called to order by President Goodman at 7:03 p.m. All Directors were present.

 

2.          INTRODUCTION

General Manager Barry introduced Senior Recreation Supervisor Jill De Bow-Kirk, recently hired to fill the vacancy which will result from Youth Services Superintendent Barbara Kraybill’s retirement at the end of the month. Mr. Barry talked about Ms. De Bow-Kirk’s professional background.

 

3.       PUBLIC FORUM

President Goodman opened public comment. No public comment received. President Goodman closed public comment.

 

4.       CONSENT AGENDA:

 4.1   BOARD  MINUTES

         4.1.1   Meeting of November 14, 2007

         4.1.2   Meeting of November 28, 2007

 4.2   COMMUNICATIONS:

        4.2.1   General Manager’s Monthly Report (#61/5)

 

President Goodman asked if Directors wished to remove any items from the Consent Agenda. Nothing was removed. On a motion by Director Faltings, seconded by Director Kamena, approved the consent agenda, passing5-0.

 

5.          CONSENT AGENDA RESOLUTIONS: None.

 

6.       BIDS AND PUBLIC HEARINGS: None.

 

7.       OLD BUSINESS: None.

               

8.      NEW BUSINESS: 

          8.1 RESOLUTION OF APPRECIATION

                President Goodman stated that the Board will approve a resolution of appreciation for Youth Services Superintendent Barbara Kraybill on the occasion of her retirement.

               

On a motion by Director Faltings, seconded by Director Kamena, approved Resolution No. 2093, a resolution of appreciation for Youth Services Superintendent Barbara Kraybill on the occasion of her retirement, by the following roll call vote:

 

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

 

NOES:      None (0)

 

ABSTENTIONS:  None (0)

 

ABSENT:          None (0)

 

Director Faltings read the resolution of appreciation. Ms. Kraybill spoke about her history with LARPD and said LARPD is a great organization and that it has been a privilege to work for the District and its Boards of Directors, General Managers and staff.

 

         8.2  PERSONNEL RULES AND REGULATIONS

                President Goodman stated that the Board will consider approving revisions to the District Personnel Rules and Regulations.

 

                General Manager Barry stated that the recent recruitment to fill the Assistant General Manager position prompted staff to review the Personnel Rules and Regulations and recommend a number of changes. Mr. Barry reviewed some of the changes. The staff report provided detailed explanations of changes being recommended in the following categories: professional attitude and conduct; selection of employees in the competitive service; employment of relatives; compensation plan; probationary period; disciplinary or corrective action; work schedule and overtime; year round part time designated positions; and professional advancement.

 

Mr. Barry stated that the Personnel Commission and the Personnel Committee have met and reviewed the suggested changes, and that many of their comments have been incorporated. He added that the Personnel Commission has been asked to do a thorough review of the Personnel Rules and Regulations, which will take place in the spring.

 

President Goodman invited Directors’ questions. Directors asked for and received information and clarification on the following items: the opinion of Director Wilson, who is the Chair of the Personnel Committee; details regarding holiday pay for part-time designated employees; and extension of the eligibility list generated during employment recruitments.

 

President Goodman opened public comment. No public comment received. President Goodman closed public comment.

 

President Goodman asked for a motion. On a motion by Director Wilson, seconded by Director Faltings, approved Resolution No. 2094, a resolution approving revisions to the District Personnel Rules and Regulations, by the following roll call vote:

 

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

 

NOES:      None (0)

 

ABSTENTIONS:  None (0)

 

ABSENT:          None (0)

 

          8.3 RANGER STATION CONCEPTURAL DESIGN AND BUDGET

                President Goodman stated that the Board will consider approving the concept design and budget for the Ranger Station in Sycamore Grove Park.

 

General Manager Barry summarized the project, reporting that in April 2006, the Board of Directors provisionally approved the acceptance of a home built by Robert and Vern Denton for use as a Ranger Station in Sycamore Grove Park. The home was being donated by Jacquie Williams-Courtright, along with $25,000 to cover the cost of moving the structure to the park. After a feasibility study was conducted by Arkin & Tilt Architects, the Board authorized staff to begin planning the conversion of the house into a Ranger Station, and approved a budget of $575,000 for the project, which was later increased to $775,000.

 

Mr. Barry stated that the District is now in a position to look at the concept plans, which will be presented tonight by David Arkin and Dan Johnson of Arkin Tilt Architects. He noted that an updated budget was distributed to Directors at this meeting.

 

Mr. Arkin made a slide presentation on the concept design and spoke about the project, explaining its environmentally friendly, or “green,” features, structural elements, etc. He said that the original estimated budget was off by $77,000, explaining that some of the reasons had to do with and a 10% increase in square footage, unanticipated utility hook-up fees, and a 10% increase in overall costs. Mr. Arkin stated that some of the elements of the concept design could be removed if necessary.

 

President Goodman invited Directors’ questions. Directors asked for clarification and had comments on the following items: serious concern regarding the increased budget estimate; elements of the project that can be deferred; concern that the secondary purpose of making the project a green model seems to be becoming the primary purpose; inquiries about the length of time until the District experiences a payback (in energy savings) of the costs incurred in making the project green; acknowledgement that the Ranger staff does, indeed, need new workspace, but there is concern that staff workspace comfort seems to be a higher priority than necessary; the opinion that this project needs to be redesigned, making it simpler, and keeping it within the Board-approved budget; the feeling that LARPD’s environmental program is very unique and that the Ranger staff need to be in front of the public in decent working conditions; the feeling that this project can be brought back to budget, by deferring items and seeking grant funding; and  inquiry about whether the Facilities Committee had seen the project.

 

President Goodman recommended that staff and consultants come up with a more manageable plan before going forward with the project.

 

General Manager Barry suggested that staff go back and work with architect regarding the energy saving elements of the project, in particular determining the cost elements and payback projections.

 

Director Furst stated he supports the suggestion to withdraw the item now and take a look at the energy savings, as well as get a more realistic cost estimate from the utility providers.  

               

8.4  ELECTION OF BOARD OFFICERS FOR 2008

  President Goodman stated that the Board will elect a President and Vice President of the Board of Directors for calendar year 2008.

 

  President Goodman said he would entertain a nomination for the office of President of the Board of Directors for calendar year 2008. Director Faltings nominated President Goodman. President Goodman asked if there were any other nominations. No other nominations were made. President Goodman closed the nominations and called for a vote. The vote was unanimous, 5-0, in favor of President Goodman serving as President of the Board of Directors for calendar year 2008.

 

  President Goodman opened nominations for the office of Vice President of the Board of Directors for calendar year 2008. Director Kamena nominated Director Faltings. President Goodman asked if there were any other nominations. No other nominations were made. President Goodman closed the nominations and called for a vote. The vote was unanimous, 5-0, in favor of Director Faltings serving as Vice President of the Board of Directors for calendar year 2008.

 

  Director Kamena commended President Goodman for having done an outstanding job serving as Vice President for the last half year. He said he feels President Goodman runs the Board meetings well, with humor, candor and thoughtfulness, and that he is sensitive to Board and staff needs. He said that Director Faltings has done a fine job as well. President Goodman said he was happy to step in as President when President Turner retired from the Board last summer. He said he thinks the Directors get along well and serve the public well, even though they are not always in agreement. He thanked the Board for the opportunity to serve as President.

 

8.5  BOARD MEETING SCHEDULE FOR 2008

  President Goodman stated that the Board will set the time and place for Board meetings and adopt a Meeting Calendar for 2008.

 

 General Manager Barry said that the proposed meeting schedule for 2008 is similar to that of 2007, except it includes a second November meeting.  He said it is challenging for staff to prepare Board packets during holiday weeks, but that it is not impossible.

 

President Goodman asked for Directors’ questions. No questions. Director Kamena suggested that the Board meet on June 4 instead of June 18 for the first June meeting (Livermore Rodeo events make a Board meeting the second Wednesday in June inconvenient). Director Kamena recommended eliminating the second Board meeting in November.

 

President Goodman asked for a motion. Director Kamena made a motion, seconded by Director Faltings, that the first June meeting be held on June 4 and that the second meeting in November be eliminated.

 

President Goodman invited Directors’ comments. Director Kamena stated that June is budget month for the District and that holding the first meeting on June 4 instead of June 18 will give staff more time in preparing the District budget. He said that if it turns out that a second meeting is necessary in November, that a special meeting can be called.

 

Director Faltings asked if staff had compared the proposed meeting schedule to the dates of the various conferences that Directors normally attend, such as CPRS, NRPA, CSDA, etc. General Manager responded that staff had not.

 

Director Wilson requested that the October 8 meeting be moved to October 15, as Yom Kippur is on October 8. Director Wilson made a motion, seconded by Director Kamena, to amend the original motion to the effect that the October 8 meeting be rescheduled to October 15.

 

President Goodman invited Director discussion. No discussion. President Goodman called the motion. The amending motion that the first June meeting be held on June 4 and that the second meeting in November be eliminated and that the October 8 meeting be rescheduled to October 15, passed 5-0.

 

8.6 BOARD POLICY MANUAL CHANGES

 President Goodman stated that the Board will discuss suggested changes to the Board Policy Manual.

 

 President Goodman asked if Directors had questions. Director Wilson asked about Board Policy section 2000, wherein District Legal Counsel is referred to as an employee, as her understanding is that he is not an employee. Legal Counsel Michael Kyle said that he holds a unique position in that he is employed by, and answers exclusively to, the Board. He said he is not an employee in the same sense as, for example, Brian Tibbetts or Mike Nicholson. He said the reference to him as an employee might be a loose usage of the term.  President Goodman asked for further questions. No further questions.

 

 General Manager Barry called attention to Policy number 4090, regarding the Board having to approve any expense for conferences or training in excess of the budgeted amount. Discussion ensued explaining that, currently, the annual budget for Board conference and training expenses is divided evenly among the five Directors. The Policy Manual states that spending in excess of the budget must be approved by the Board of Directors. Historically, this has been interpreted as meaning that individual Directors must seek the approval of the Board if they wish to exceed their individual budget, even if it does not result in the total conference/training budget being exceeded. Directors agreed that a more appropriate interpretation is that Board approval be required only if it is expected that the entire budget will be exceeded. President Goodman suggested that the conference/training budget be kept as a line item in the District budget, but that the sum not be divided among individual Directors. He asked that Directors submit expense estimates of conferences they wish to attend during the fiscal year, and this will be considered. He noted that some Directors are able to attend more conferences than others, and that he feels it is the will of the Board that Directors do participate in conferences and trainings in the park and recreation profession.

 

9.          COMMITTEE REPORTS

          Director Wilson reported on her attendance at the December 5 Livermore Cultural Arts Council Meeting. Director Faltings reported on her and Director Furst’s attendance at a December 6 Naming Committee meeting, which is a joint committee of LARPD and the City of Livermore to set policy for naming facilities and trails.

 

10.          MATTERS INITIATED/ANNOUNCEMENTS BY THE DIRECTORS

1) Director Faltings announced that the Ravenswood Progress League held a very successful Victorian Yuletide event on December 9. About 900 people attended.

 

2) Director Faltings announced that the ESS/KZ administrative staff is happily relocated at LARPD’s 71 Trevarno Road office.  

 

3) Director Faltings announced that she and the General Manager attended a retirement event for Eric Willyerd of H.A.R.D. She said that Mr. Willyerd will be missed in the park and recreation field.

 

4) Director Wilson announced that she attended the Ravenswood Yuletide event and that it was a really lovely and fun event.

 

5) President Goodman spoke about the Senior Services trip program and that there was recently a gathering where photos were shared of a senior trip to the Rhine. He said that former LARPD employee Pat Kasberg and her husband went on this trip and that Ms. Kasberg made a quilt in commemoration of it.

 

6) President Goodman announced that the state budget is not in good shape, and that it is possible the state will raid LARPD’s property tax revenues once again, as it has been doing since 1992 via ERAF (Education Revenue Augmentation Fund). He explained that the state can take special district funds to balance its own budget shortfalls. He added that the public had voted on not permitting the state to do it again unless there is a fiscal emergency and that, if the state took the districts’ money, it would have to pay it back this time. However, the measure did not specify a date by which the state would have to pay it back. President Goodman said LARPD may ask the public to write letters on its behalf if the state again takes the special districts’ tax revenue. He invited the public to contact LARPD or him for information. He said that another tax shift will hurt LARPD’s ability to continue to provide quality services.

 

7) President Goodman asked Directors to review the Board committee assignments list and to put in their requests for 2008 committee assignments.

 

11.          MATTERS INITIATED/ANNOUNCEMENTS BY THE GENERAL MANAGER

1) General Manager Barry wished the Board happy holidays.

 

2) General Manager Barry invited the public to participate in the “Polar Bear Slide” event at the RLCC Aquatic Center on January 5, 2008.

 

Meeting adjourned to Executive Session at 9:00 p.m.

 

12.          EXECUTIVE SESSION

12.1   REAL ESTATE NEGOTIATIONS

                    Pursuant to Section 54956.8 of the Government Code

Property: 14 acres of land, Robertson Park Rd., Livermore, CA

                    Agency Negotiator: District Staff and/or Legal Counsel

                    Negotiating Parties: Livermore Valley Joint Unified School District

                    Under Negotiation: Terms of Purchase

 

12.2           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

 

13.           RECONVENE TO OPEN SESSION

          Meeting reconvened to Open Session at 10:00 p.m.

 

14.          REPORT ON ACTION TAKEN IN EXECUTIVE SESSION

          No action to report.


 

15.          ADJOURNMENT

          Meeting adjourned at 10:01 p.m.

         

APPROVED,

                  

                                                                   _______________________________

                                                                   Steve P. Goodman

President, Board of Directors

ATTEST:

 

__________________________

General Manager and ex-officio

Clerk to the Board of Director