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.
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.
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