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Board Meeting Minutes
LIVERMORE AREA RECREATION AND PARK
DISTRICT
71 TREVARNO ROAD
LIVERMORE, CALIFORNIA 94551-4931
BOARD OF DIRECTORS
SPECIAL BOARD MEETING
Wednesday, April 27, 2005
5:45 p.m., Council Chambers
3575 Pacific Avenue
Livermore, California
MINUTES
LARPD BOARD MEMBERS PRESENT: David Furst, Dale Turner, Maryalice Faltings, Steve Goodman, and Scott Kamena (5)
LARPD BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Tim Barry, Pat Kasberg, Lora Cohen, Brian Tibbetts, and Felix Errico
CITY CONTRACT STAFF PRESENT: Eric Brown and Cheri Sheets
1. CALL TO ORDER—ROLL CALL—PLEDGE OF ALLEGIANCE
Meeting was called to order at 5:47 p.m. by Chair Furst, who led the group in the Pledge of Allegiance. Director Faltings was present at the time of roll call, but left at 7:15 p.m.
2. SPECIAL ITEM
Chair Furst introduced and
welcomed Michele Walker to the Personnel Commission. Chair Furst expressed the
Board’s appreciation to Ms. Walker for donating her time to the park district. Ms. Walker informed the Board of her
extensive background in human resources and stated she is looking forward to
serving on the Personnel Commission.
3.
CONSENT AGENDA
3.1 Board Minutes
3.1.1
Regular meeting of April 13, 2005.
On a motion by Director
Faltings, seconded by Director Kamena, approved the Consent Agenda, passing
5-0. Director Faltings pointed out that Joan Seppula’s name is spelled incorrectly
on page 5 of the minutes.
4. NEW BUSINESS
4.1
2004-2005 CAPITAL IMPROVEMENT BUDGET REVISIONS
General
Manager Barry reported that there is a need to revise the 2004-2005 Capital
Improvement Budget. When staff completed an in-depth review of the Capital
Improvement Plan and Budget Revenues and Expenditures they discovered a miscalculation
of $400,000 when a revision approved by the Board in June 2004 wasn’t included
in a revised budget spreadsheet. In addition, the park in-lieu fees revenue
projected by the city of $5,897,835 did not take into account the Creekside
Developmentin North Livermore where the developer built and dedicated
Northfront Park in lieu of paying fees. Therefore, the revised Fiscal Year
2004/2005 projection of park in-lieu fee revenue is $2,000,000, not $4,000,000
as previously budgeted, and $4,400,000 for Fiscal Year 2005-2006 which does not
include fees for the Shea Homes development, as thedeveloper will be building
the park in lieu of paying fees.
General
Manager Barry stated that these factors necessitate a major shift of projects into
the next fiscal year, and possibly beyond, in order to balance the FY 2004/05
capital budget.
In
response to a question by Director Kamena about who is responsible for
projecting in-lieu fees from developers, Cheri Sheets, City Engineer, commented
that it is the city’s obligation to project revenues from in-lieu fees, and
they take full responsibility for the mistake and apologize for it.
Director
Kamena inquired if there has been any progress on the Bothwell Center park
re-design.General
Manager Barry stated that he has sent a letter to several landscape architects
asking for their qualifications and the selection process will begin soon.
Director
Faltings asked for clarification on two points: 1) Is it LARPD’s choice if a
park is developed by LARPD or by the developer; and 2) Does the Creekside Park
alone reduce the in-lieu fees by $2,000,000.
Cheri
Sheets, City Planning Engineer, stated that, 1) The decision on whether a park
is developed by LARPD or the developer is decided on by the City and LARPD; and
2) The total amount for the Creekside Park in-lieu fees is not $2,000,000 but
is well over a $1,000,000.The remaining amount of the shortage from projections
is other in-lieu fees that didn’t come in as fast as projected. She stated that
projecting in-lieu fees is a guessing game in terms of how quickly the
developers are going through the process to build the homes that they are
projecting.
Director
Turner asked who compiled the list of the nineteen 2004/05 capital projects shifted
to the 2005/06 budget. General Manager Barry stated that he and Administrative Assistant
Cohen generated the list and it was reviewed by other key staff members, then the
Board Budget Committee met and received the report.
With
concurrence by the Board, Chair Furst set aside Agenda Item 4.1 and moved to Agenda
Item 5.1, Robertson Park Equestrian Center Show Arena Cover. He stated the
arena cover is on the list of capital projects to shift to FY 2005/06 and needs
to be discussed before a decision on the list is made by the Board.
5.
BIDS AND PUBLIC HEARINGS
5.1 ROBERTSON PARK EQUESTRIAN CENTER SHOW ARENA
COVER
General
Manager Barry reported that bids have been received for the construction of the
arena cover at Robertson Park. There were four bids and Diede Construction was
the low bidder at a bid of $792,000. The District’s budget for this project is
$745,000 and the low bid exceeds the budget by $47,000. Due to a lack of funds,
staff recommends rejection of bids. The project can bid again in the future
when funds are available, depending upon Board approval.
Chair
Furst opened public comment.
Carolyn
Hendrickson, 20857 Hansen Way, Tracy, California, a representative of the California
State Horseman’s Association for this region, addressed the Board.Ms. Hendrickson
stated that she sympathizes about the budget problems and understands about
moving the budget item from the 04/05 budget to the 05/06 budget. She would
like to see the funding remain earmarked for the arena cover because every year
the price goes up.Ms. Hendrickson stated that Livermore is a traditional rodeo
town and it is important to keep equestrian events here, and in view of the
problems with the arena cover situation she would like to recommend that the
District Equestrian Committee meet to explore options to help get the arena
cover constructed.
No
other public comment was received. Chair Furst closed public comment.
Director
Faltings reported that she spoke to some equestrian folks today and she has
been assured that the user groups are ready, willing and able to fundraise to
cover the difference between the low bid and the line item. Director Faltings
supports asking the user groups to pitch in with extra help, money, labor, or
whatever. That makes the facilities belong to the people even more.
Director
Goodman suggested having the equestrian groups meet and brainstorm other alternatives
or modifications for constructing the arena cover that could be less costly.
Resolution
On
a motion by Director Turner, seconded by Director Faltings, approved Resolution
No. 1956, accepting the staff recommendation to reject the bids for
construction of the show arena cover at Robertson Park Equestrian Center.
AYES:Directors
Faltings, Kamena, Goodman, Turner, and Chair Furst (5)
NOES:None
(0)
ABSENT:None
(0)
4.1 2004-2005 CAPITAL
IMPROVEMENT BUDGET REVISIONS CONTINUED
Chair
Furst opened public comment. No public comment was received. Chair Furst closed
public comment.
Chair
Furst referred to item #19, the Ravenswood Monument Sign, and stated that it is
his understanding that the quote is $10,000, not $25,000, and he would like
that project cost corrected. General Manager Barry indicated this project can
be completed this fiscal year and does not need to be shifted to FY 2005/06.
On
a motion by Director Kamena, seconded by Director Faltings approved removing item#19
from the list of capital projects to be shifted to the FY 2005/06 budget.
Director
Turner stated he would like the list to remain intact and not cause staff an
extra burden searching for the money to balance the deficit.
The
Board unanimously agreed with Director Turner and the motion failed 4-1.
Resolution
On
a motion by Director Kamena, seconded by Director Faltings, approved Resolution
No. 1957, accepting the staff recommendation to revise the Capital Improvement
Budget for 2004/05, by the following roll call vote:
AYES:Directors
Goodman, Turner, Faltings, Kamena, and Chair Furst (5)
NOES:None
(0)
ABSENT:None
(0)
4.2 LETTER TO MISSION VALLEY PROPERTIES FOR ARROYO CROSSING PROPOSAL
General
Manager Barry reported that staff has developed a letter to the Mission Valley Properties
regarding the Arroyo Crossing Development at the corner of Arroyo Road and Robertson
Park Road. Mission Valley Properties has made a proposal for parks and recreation
provisions for the development. The development proposal is undergoing city review,
and proposals for parks and recreation features have been reviewed by LARPD staff
and contracted city staff and at recent meetings with the developer.Director Kamena,
LARPD staff and contracted city staff has generated the latest set of features
for consideration. Staff was not able to address all the elements requested by
Mission Valley Properties, however, the draft letter prepared by staff
represents the results of those discussions, and is presented for Board review
and approval. The District will review and approve planting and construction
plans for improvements on Robertson Park property and Robertson Park Road, and
will work with city staff in preparing necessary documents in the future to
execute the direction this letter provides. Staff recommends approval of this
letter which addresses the following:
1)The
developer will pay in-lieu fees and only the value of additional improvements `above
and beyond the trail and dedication of land along Robertson Park road, frontage
improvements, tot lot, and the sports park contribution will be creditable against
these fees.
2)The
developer will construct a tot lot in accordance with LARPD standards, the cost
of which will be borne by the developer and is not included in the $200,000 developer
contribution. Construction related costs in excess of $200,000 are creditable against
the applicable park facilities fee. The tot lot is to be constructed prior to occupancy
of the first residential unit.
3)In
general, LARPD is in agreement with the developer proposal relating to pedestrian
connectivity. The developer is proposing a paved, landscaped trail contiguous
to the property along Robertson Park Road, and a walkway crossing to Robertson
Park Road.
4)Edge
treatments to the park and Robertson Park Road are still under review in conjunction
with the arborist reports and comments which will be forthcoming. While it is
understood that several eucalyptus trees will likely be removed due to their
poor condition, both the City and LARPD want to maximize the preservation of
trees, including eucalyptus. The developer has a plan for planting native
species trees to replace the trees that are taken out.
5)The
exact location, configuration of dedications, and easements needed is still under
review.
6)
A Landscape Maintenance District is anticipated to serve the project. The City will
take the lead in establishing one LMD to serve multiple frontages of the
project and the tot lot. The developer will need to develop an estimate of
annual maintenance costs for these areas, which will be subject to review and
approval by LARPD and the City, which will administer the LMD.
7)The
proposal by the developer to contribute an additional $1 million to the Sports Park
is acceptable and would be included in the Development Agreement for the
project.
The
Board expressed concern on the location of the tot lot. General Manager Barry stated
that it is the intent of the District to locate a tot lot near the housing
development for use by the new residents and a playground by the soccer fields
is also a good idea and the in-lieu fees could go toward that as well as a
picnic area and other improvements.
Director
Goodman asked if the eucalyptus trees are dangerous. Eric Brown, City Planning
Manager, stated that they are reviewing the arborists’ reports from the city and
the developer and so far indications are that more than half of the trees need
to be removed.
Director
Faltings stated she is not in favor of replacing healthy eucalyptus trees with native
trees and that the eucalyptus trees give the park entrance at Arroyo Road character
all of its own. She realizes that some are diseased but does not want them condemned
out of hand and wishes to save all that we can.
Chair
Furst asked for clarification on where the new trail will start and if it meets
LARPD standards. Eric Brown, City Planning Manager, stated that the trail
begins at Arroyo Road. General Manager Barry stated that the trail does not
meet District standards of 25-feet wide. It is a narrower width because of the
residential edge and trailer park. Mr. Brown stated that if the trail is
constructed on the north side then the District’s trail standards will be very
closely met.
Director
Faltings stated she is concerned about how the development is going to change the
look of the park entrance and wants staff to stay involved and keep the Board informed
on what the entrance will look like. General Manager Barry stated he has spoken
to the developer, and will include it in the proposed letter, that the District
requests the developer to pay for an entry sign that will identify the park and
rodeo grounds and include the park sign with the new development signs at the
corner.
Director
Faltings inquired if the people who buy the new houses will understand what type
of facility Robertson Park is and that big events happen there. General Manager
Barry stated that they will receive full disclosure.
Chair
Furst stated he is very encouraged by the development and commended Director Kamena
for the work he’s put into this project for the past several years.
Chair
Furst opened public comment.
Steve
Riter, Mission Valley Properties, addressed the Board. Mr. Riter stated he has been
working on the project for several years and is happy to have it come to a
point where there is general agreement. In summary, what they are proposing in
this agreement is to give one and three quarter million dollars in-lieu fees
that will be collected as the project is developed. They are also dedicating
frontage area within their property to LARPD to create the width that is
necessary to create the right-of-way and sections that are needed for a 15-foot
pedestrian corridor which will have a class one 8-foot wide bike trail. Those
improvements will run along Robertson Park Road for about 1,100 feet and then they
would come back at Arroyo and Robertson Road along the development frontage to
an entrance. In addition, they are providing a 6-foot wide pathway from the project
on the north end of Robertson Road into Robertson Park. The developer will also
provide a million dollars for use at the sports park and another $200,000 for
construction of a tot lot.Mr. Riter requested that the payment for the tot lot
occur on the commencement of the third phase of the development. Every effort
is being made to save the eucalyptus trees for their scenic quality but other
considerations are how to resolve the geotechnical issues and the potential liability
to life and property. One of their biggest issues surrounding the trees is who
takes responsibility for the liability of the trees that are on or off their
property that may fall as a result of the excavating and grading associated
with the construction of the new development.
Mr.
Riter introduced Eric Keller from the O’Brien Group, the partner home builder,
who gave a presentation with overhead projections, describing and summarizing
the development phasing and geotechnical concerns that surround the trees. Mr.
Keller stated that his group will be working with LARPD and City staffs to
determine which trees can be preserved, and how to deal with the liability of
those trees in the long term
because
they are trees that are susceptible to falling down. Trees of that size located
near a residential community present a lot of risk and they as homebuilders are
not willing to accept this particular risk.
Chair
Furst closed public comment.
Chair
Furst stated he likes eucalyptus trees and understands they can be dangerous,
but he feels if properly managed they can exist.
Director
Kamena stated it is his preference that if only one tot lot is built that it be
constructed adjacent to the development; and he is in favor of removing all of
the eucalyptus trees and replacing them with trees native to the area.
On
a motion by Director Kamena, seconded by Director Turner, approved the proposed
staff letter to Mission Valley Properties for the Arroyo Crossing Development,
passing
4-0.
4.3 REQUEST FOR PASS THROUGH
BY HORSES THROUGH HAGEMANN PARK FROM HAGEMANN FARMS
General
Manager Barry reported that the District was contacted by Carl Holm, owner of Hagemann
Farm LLC, requesting the passage of horses, from his boarding operation adjacent
to Hagemann Park, through the park to the Murrieta Meadows trail for trail riding.
This would provide a shortcut to the trail and bypass the current route,
whereby the horses are currently ridden along Olivina Avenue through the neighborhood,
and around to the trail exposing the horses to more traffic and people. The
owners of the farm have created a gate in their fence that borders the park in
anticipation of approval of this request. The District would not normally
consider such a request, as horses are not allowed on the District’s
neighborhood parks. This request is being made in the context that this is
perhaps the only operating horse stables within the city, and the farm’s
ability to continue operating is enhanced by the use of the trail. In addition,
the park is named for the Hagemann family who used to own the land. If
approved, the District would be making a finding that is a special
circumstance, and is not a precedent for replication in other neighborhood
parks. This is the only farm contiguous to a neighborhood park in the District’s
park system.
General
Manager Barry stated that the Facilities Committee considered the request and was
concerned about wear and tear on the park, conflicts between park users and horses,
clean up after the horses, and how neighbors adjacent to the park and Hagemann
Farm would feel about horses traveling behind their homes along the park to the
trail. With this information, Mr. Holm re-submitted his request and secured the
neighbors’ support for the permit. They also clarified that the path of the
horses on the park would end at the cul-de-sac at Turnstone, without
interfering with park activities such as the soccer field.
General
Manager Barry stated that the permit would include requirements such as mandatory
daily clean-up of horse droppings on the park, path delineation at the permitee’s
expense and located by LARPD staff approval, required repair to turf and irrigation
if there is damage caused through the permit, and repairs if damage occur to the
path the horses take from Daisyfield Avenue down to the trail. Appropriate
liability waiver language will be included to protect the District’s interests.
The permit could be revoked if the terms are not adhered to, or if a pubic
nuisance is caused by the use of the permit. The applicants have agreed to
these terms, and are seeking approval.
At
the April 4, 2005 Facilities Committee meeting, the staff and the Committee recommended
approval of a temporary permit for a period of six months (June-December 2005)
with an evaluation by District staff to follow in January 2006. A new permit
may be issued if the first permit has been executed satisfactorily.
Director
Turner stated that he spoke with representatives from Hagemann Farm at a Facilities
Committee meeting and they understand their responsibility and that the agreement
is for a trial period. Director Turner feels comfortable that they will abide
by the agreement that states the horses will not have contact with people using
the park or living in the area, especially children. Director Turner feels that
they are professional and responsible and recommends the Board approve their
request on a trial basis.
Chair
Furst opened public comment.
Christian
Holm, Stable Master at Hagemann Farm, addressed the Board.Mr. Holm stated that
they are very committed to making sure that this is as transparent as possible.
The riders understand they are responsible for picking up after the horses and
reporting any damage that is done to the park. They will be checking this daily
and the gate will continuously be locked and the only people with a key will be
the Stable Master and certain trusted members who run the trail rides. They are
very concerned with the safety of their borders, the community around the Farm,
and the safety of the animals. They want to maintain a good relationship with
LARPD and do not want to impact the use of Hagemann Park.
Carolyn
Hendrickson, 20857 Hansen Way, Tracy, California, representative of the California
State Horseman’s Association for this region, addressed the Board.Ms. Hendrickson
stated she is very happy to see that the staff recommendation is moving forward
with a trial period and that she supports their efforts.
Chair
Furst closed public comment.
On
a motion by Director Goodman, seconded by Director Turner, approved a permit
for the passage of horses from Hagemann Farm through a prescribed path on
Hagemann Park for a trial period of six months, under the terms of the permit,
with District evaluation in January 2006, passing 4-0.
4.4 POLICY FOR LARPD EVENTS
WITH CIRCUS ANIMALS
General
Manager Barry reported that the Board has received a request from Mary Beth Binder
asking the District to ban exotic animals at circuses that use LARPD
facilities. Ms. Binder made a presentation at a Facilities Committee meeting.
Staff researched the issue and made its recommendation to the Facilities
Committee and the Committee agreed with the following proposed policy:
Events/Activities
Involving Exotic Animals
LARPD
will review each application for an event where exotic animals are present and determine
if the operator has shown humane treatment of the exotic animals. Applicants must
meet all requirements and regulations of the California Fish and Wildlife
Service and USDA, as well as local laws and ordinances. Staff will ensure that
educational animal programs fit within the scope of acceptable activities
conducted by LARPD.
Chair
Furst opened public comment.
Mary
Beth Binder, 764-C Hayes Avenue, Livermore, addressed the Board. Ms. Binder thanked
the Facilities Committee and the Board for considering this measure. Ms. Binder
stated that reviewing USDA records of operators who want to bring large
dangerous wild animals to town is a good common sense public safety policy.
Chair
Furst closed public comment.
Chair
Furst stated he would like staff to clarify the language of the policy by
defining the term “exotic animals”.
On
a motion by Director Turner, seconded by Director Kamena, adopted the recommended
policy concerning exotic animals at events at LARPD facilities,
passing
4-0.
6. ADJOURNMENT:
Meeting
adjourned at 7:55 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
4444 East Ave.
Livermore, California 94550-5053
(925) 373-5700
Open 8 a.m.-6 p.m. M-Th.
8 a.m.-5 p.m. Friday
9 a.m.-noon Saturday
E-mail: info@larpd.dst.ca.us
© 2001