MINUTES

 

REGULAR MEETING

 

WEDNESDAY, DECEMBER 14, 2005

 

ROBERT LIVERMORE COMMUNITY CENTER

4444 EAST AVENUE, LIVERMORE, CALIFORNIA

7:00 P.M.

CRESTA BLANCA BALLROOM

 

 

DIRECTORS PRESENT:                              David Furst, Steve Goodman, Scott Kamena, and

Dale Turner, (4)

 

DIRECTORS ABSENT:                                  Maryalice Faltings (1)

 

STAFF MEMBERS PRESENT:            Tim Barry, Michael Kyle, Barbara Kraybill, Brian Tibbetts, Mike Nicholson, Patti Cole, Dawn Soles and Gretchen Sommers.

 

 

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

Meeting was called to order at 7:02 p.m. by Chair Furst, who led the group in the Pledge of Allegiance. Roll was taken and all Directors were present except for Directors Faltings and Kamena.

 

2.          PUBLIC FORUM

Chair Furst asked for public comment on any item not on the agenda. No public comment received. Chair Furst closed public comment.

 

3.          CONSENT AGENDA:

3.1   BOARD  MINUTES

                3.1.1   Special meeting of November 30, 2005.

3.2   COMMUNICATIONS: None

3.3   General Manager’s Monthly Report (#58/5).

3.4   Payroll and Claims               

 

On a motion by Director Goodman, seconded by Director Turner, approved the Consent Agenda, passing 3-0.

 

Director Kamena arrived at 7:10 p.m.

 

4.            CONSENT AGENDA:  RESOLUTIONS:  

4.1 Resolution No.1986, a resolution approving the improvements by the City of Livermore to Trail Segment J (located along Arroyo Rd. north from Wetmore Rd. to front of Ravenswood Historic Site) as complete.

                                                                                       

4.2 Resolution No.1987, a resolution approving the improvements by the City of Livermore to Trail Segment L (located along Wetmore Rd. from the entrance to Sycamore Grove eastward to Arroyo Rd. at the Olivina Gate) as complete.

                                                                                        

4.3 Resolution No.1988, a resolution approving landscape improvements by Gordon N. Ball, Inc. to Marlin Pound Park.

 

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

 

AYES:              Director Kamena, Director Goodman, Director Turner and Chair Furst.

NOES:              None (0)

ABSENT:            Maryalice Faltings (1)

 

5.         BIDS AND PUBLIC HEARINGS:  None.

           

6.         OLD BUSINESS: 

6.1  AB 1234 COMPLIANCE

Administrative Assistant Sommers summarized staff report pertaining to the recently signed Assembly Bill, 1234, known as the “Sunshine Law.”

 

AB 1234 was signed by Governor Schwarzenegger and takes effect January 1, 2006. The bill was introduced to increase fiscal accountability and ethics for elected and appointed local government officials. Staff has researched LARPD’s current status with regard to compliance with AB 1234. Of the seven items listed by the California Special Districts Association (CSDA) as required for compliance, LARPD is already fulfilling the majority of the first four items, which relate to compensation of Directors. One item not currently addressed officially by Board policy is the requirement that Directors provide brief reports on meeting that they have attended at the District’s expense at the next Regular Board Meeting.

 

Items 5, 6 and 7 of the CSDA “AB 1234 Compliance Fact Sheet” address the requirement that current and incoming Directors take a minimum of two hours of ethics training at least every two years and receive a certificate of completion. The District is required to keep records for five years indicating when Board members completed the training and who provided the training.

 

Chair Furst opened public comment. No public comment received. Chair Furst closed public comment.

                                 

7.         NEW BUSINESS:

7.1  BOARD MEETING CALENDAR FOR 2006

The Board reviewed the schedule for Board meetings and adopted the Meeting Calendar for 2006.

 

Chair Furst opened public comment. No public comment received. Chair Furst closed public comment.

 

On a motion by Director Turner, seconded by Director Kamena, approved the 2006 Board Meeting schedule, passing 4-0.

 

 

7.2  ELECTION OF BOARD OFFICERS FOR 2006

Chair Furst nominated Director Kamena to serve as Chair of the LARPD Board of Directors for 2006. Director Kamena accepted the nomination. There being no other nominations, the nomination was approved unanimously by the Board, passing 4-0.

 

Director Kamena commended Director Furst on the fine job he had done as 2005 Chair. Director Kamena noted that he approved of the 2005 Board Committee structure and did not anticipate making many changes to the current structure.

 

Director Kamena nominated Director Turner as Vice Chair. There being no other nominations, the nomination was approved unanimously by the Board, passing 4-0.

 

Director Turner extended congratulations to Director Kamena and thanks to Chair Furst for his tenure as 2005 Chair. Director Kamena again commended Chair Furst on behalf of the District. General Manager Barry thanked Chair Furst on behalf of the LARPD staff. Chair Furst thanked all staff.

 

“Committee Request Forms” for 2006 Board Committee assignments were distributed to Directors.

 

7.3   BOARD POLICY MANUAL CHANGES

The Board discussed whether to defer to the next Board Meeting Board Policy Manual items that had been placed on the agenda by Director Faltings, so that she could participate in the discussion and any decisions. Items pertaining to compliance with AB 1234 were not addressed, and will be deferred to the next meeting.

 

The Board discussed whether to amend Board Policy Number 5010.20, changing the status of the regularly scheduled monthly “special” meeting of the Board of Directors to a “regular” meeting.

 

On a motion by Director Kamena, seconded by Director Turner, approved changing the wording of Board Policy Number 5010.20 from “Regular meetings of the Board of Directors will be held on a monthly basis,” to ”Regular meetings of the Board of Directors will be held twice monthly.” The motion passed 4-0.

 

Director Kamena requested that the previously approved 2006 Board Meeting Schedule be amended so that the second meeting of the month is no longer referred to as a “special meeting.”

 

Chair Furst inquired about the financial implication of District General Counsel attending two Regular Board Meetings per month. District Counsel Kyle replied that it was immaterial, per his agreement with the District.

 

Director Goodman stated that a discussion must ensue regarding whether or not to televise the second Board Meeting, in addition to the first Board Meeting, now that both meetings are considered “regular.” Director Kamena requested that this item be placed on the agenda for the January 11, 2006 Board Meeting.

 

On a motion by Director Turner, seconded by Director Goodman, approved deferring items placed on the agenda by Director Faltings pertaining to Board Policy Manual changes, as well as changes to comply with AB 1234, to the next meeting, passing 4-0.

 

Chair Furst opened public comment. No public comment received. Chair Furst closed public comment.

 

7.4   PROSPECTIVE DONATION OF DENTON HOUSE

General Manager Barry summarized the staff report regarding the offer of the donation of the Denton House to the District. 

 

Jacquie Williams-Courtright of Alden Lane Nursery has offered to donate a house located on Wetmore Road to the District. The structure was built around 1973 by two brothers, Robert and Vern Denton, who were long time users of Sycamore Grove Park. The building is being moved to make way for a new home on the site. Ms Williams-Courtright has also offered to coordinate and pay for moving the house to the new site at Sycamore Grove.

 

After touring the building, staff believes that the structure could be developed into a park office and public program site in Sycamore Grove Park. The structure is architecturally and aesthetically appropriate for the Park and could significantly enhance staff’s ability to provide services to the community. The approximately 1200 square foot home would have to be moved from its existing location on Wetmore Road to the Park.

 

Staff recommends that A) the Board of Directors provisionally approve the acceptance of the donation of the Denton House for use at Sycamore Grove Park pending staff obtaining cost estimates for the moving, installation and renovation of the structure and B) the Board authorize $7,500 from Park In-lieu fees to investigate the condition of the building and to determine the costs and feasibility of converting the structure for District use.

 

Park Rangers Patti Cole and Dawn Soles gave a slide show presentation, explaining the donation package, what would be required by LARPD, recommended basic enhancements to the structure, opportunities the acceptance of the donation would create for LARPD and constraints.

 

Chair Furst expressed his support of LARPD accepting this donation, and stated that a presentation had also been made to the Facilities Committee. He feels acceptance of the Denton House would be a good opportunity for the District and for the Ranger staff.

 

Director Goodman stated that it is wonderful that Ms. Williams-Courtright has offered this donation. The design of the house seems made to order for the District. He expressed his appreciation to Ms. Williams-Courtright and to the LARPD Ranger staff.

 

Director Turner expressed gratitude to Ms. Williams-Courtright for this opportunity, and stated that the new opportunities this would open up for volunteers are exciting for the District.

 

Director Kamena thanked Ms. Williams-Courtright, stating it is an ideal gift, and that the cabin-like Denton house seemed designed for Sycamore Grove.

 

Director Kamena inquired if in-lieu fees can be used for this project. General Manager Barry responded that the passage of AB1600 by and the City of Livermore’s redefining of the in-lieu program will permit us to use in-lieu fees. He believes that, as is required, the District can demonstrate that placement of the Denton house in Sycamore Grove enhances the park, and that the expense would translate to increasing the usability of the park.

 

Director Kamena asked about cost estimates of sewer hook-up. General Manager Barry stated that we do not have cost estimates yet. There are sewer and utility hook-ups near the proposed site for the house, thanks to the recent Wetmore Road improvements, which would help keep expenses more manageable.

 

General Manager thanked Ms. Williams-Courtright for the donation, which provides an opportunity for the District to confirm its appreciation for the Ranger staff and the great job they do with regional parks. The Rangers have been working in cramped quarters for years. It will give them an opportunity to shine, which they deserve. Electricity would have to be brought in.

 

Director Goodman asked if the current Ranger office would be vacated. Park Ranger Cole responded that the current office would be maintained.  

 

General Manager Barry stated that staff is proposing  that we spend the money necessary to investigate the cost feasibility of the project, and come back to the Board with a follow-up report. At the same time, we will attempt to work with Ms. Williams-Courtright’s time constraints.

 

Chair Furst opened public comment.

 

1)    Jacquie Williams-Courtright thanked the Directors for considering acceptance of the offered donation. She had spoken with the son of Dr. Robert Denton (one of the former owners of the house). Dr. Denton’s son recommended that the house be donated to the District, since the Denton brothers loved Sycamore Grove. Ms. Williams-Courtright expressed her gratitude to the Board and her hopes that we are able to come up with a way to keep the house in the neighborhood and make it useful to the community.

 

Chair Furst closed public comment.

 

On a motion by Director Turner, seconded by Chair Furst, approved accepting the donation of the Denton House, pending cost estimates, which will be brought before the Board. The motion passed 4-0.

           

8.         ORAL REPORTS:  

             8.1   Legal Counsel’s report of activities.

District Legal Counsel Michael Kyle reported that he has been assisting staff with the partial transfer of District banking services from Alameda County to U.S. Bank; that he has been working on the J.W. Riley & Son, Inc. case, specifically, with the bonding company; he submitted the audit letter for the annual audit; and has worked on various trail segment easement agreements and improvement agreements.

           

9.            COMMITTEE REPORTS

The Board received reports on the 11 committee meetings attended since the Regular Board Meeting of November 9, 2005, as follows: Facilities (2), Program, Intergovernmental, EBRPD/LARPD Liaison, Equestrian, Ad Hoc Sports Park, Downtown, Inc., ESS Parent Advisory Commission, LCAC, and Scottish Games.

 

10.            MATTERS INITIATED BY THE DIRECTORS: None.

 

11.            MATTERS INITIATED BY THE GENERAL MANAGER:

 

General Manager Barry stated that the mid-year budget review workshop will be held 1 hour prior to the January 25 Board Meeting.

           

Meeting recessed from 8:15 p.m. to 8:45 p.m.

 

12.            EXECUTIVE SESSION: Meeting convened to Executive Session at 8:45 p.m.

 

13.            RECONVENED TO OPEN SESSION: Meeting reconvened to Open Session at 9:05 p.m.

 

14.            REPORT OF ACTION TAKEN IN EXECUTIVE SESSION:  The Board of Directors gave direction to the District’s property negotiators on negotiating the parcels in question.

 

15.            ADJOURNMENT. Meeting adjourned at 9:06 p.m.

 

                                                                                    APPROVED,

 

                                                                       

 

                                                                                    _______________________________

                                                                                    Chair, Board of Directors

ATTEST:

 

 

 

__________________________

General Manager and ex-officio

Clerk to the Board of Directors