|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Board Meeting Minutes
LIVERMORE AREA RECREATION AND PARK
DISTRICT
4444 East Ave.
LIVERMORE, CALIFORNIA 94550-5053
BOARD OF DIRECTORS
REGULAR BOARD MEETING
Wednesday, May 11, 2005
7:00 p.m., Robert Livermore Community Center
4444 East 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, Michael Kyle, Pat Kasberg, Barbara Kraybill, Felix Errico, Jim Brandenburg
CITY CONTRACT STAFF PRESENT: Eric Brown and Pamela Lung
1. CALL TO ORDER—ROLL CALL—PLEDGE OF ALLEGIANCE
Meeting was called to order at 7:04 p.m. by Chair Furst, who led the group in the Pledge of Allegiance
2. PRESENTATIONS
2.1 Chair Furst presented the Outstanding Youth
Award from the California Association of Recreation and Park Districts to
Katrina Cruz.
2.2 Chair Furst presented the Outstanding Group
Award from the California Association of Recreation and Park Districts to Walt
Callesen and Bobbi Hadley, representatives from the Community Garden group.
3.
PUBLIC FORUM
Chair Furst asked for public comment for any item
not on the agenda. No public comment was received. Chair Furst closed public
comment.
4. CONSENT AGENDA:
4.1
Board Minutes
4.1.1 Special meeting of April 27, 2005.
4.2
Communications:
4.2.1 A letter from the Livermore-Amador Symphony
Guild regarding use of the Barn for their POPS Concerts.
4.3
General Manager’s Monthly Report (#57/10).
4.4
Payroll and Claims.
On
a motion by Director Faltings, seconded by Director Goodman, approved the
Consent Agenda, passing 5-0.
5.
CONSENT AGENDA: RESOLUTIONS:
On
a motion by Director Faltings, seconded by Director Goodman, adopted and
approved
Consent Agenda Resolutions by the
following roll call vote:
AYES: Directors
Goodman, Turner, Faltings, Kamena, and Chair Furst (5)
NOES: None
(0)
ABSENT: None
(0)
Resolutions Adopted:
4.1
Resolution No. 1958, a resolution commending Jan Gollaher for her years
of service to the District.
6. BIDS AND PUBLIC
HEARINGS: None
7. OLD BUSINESS: None
8.
NEW BUSINESS:
8.1
CAPITAL PROJECTS UPDATE
General
Manager Barry reported on the status of the capital projects program report
that is reviewed by the Board quarterly.
Director
Faltings asked if the completion dates for the park improvements is correct. Parks
Project Coordinator Errico stated that due to the rain and problems with the contractor,
the completion dates for the park projects are May instead of April.
8.2
UPDATE ON FOUR PARK PROJECTS
General
Manager Barry stated that there is a need to enter into an agreement with the bond
firm for J. W. Riley and Sons for additional project management assistance to complete
the four park projects at no additional cost to the District for this service. General
Manager Barry stated that J. W. Riley and Sons was awarded bid on Ravenswood,
Summit, Livermore Downs and Vista Meadows Parks and has been unsuccessful in
fulfilling their commitment to complete the parks in the time specified by the
contract.
Legal
Counsel Kyle stated that the Board had directed him and staff at the May 11th
meeting to investigate other agencies’ experiences under similar circumstances
such as project delays and problems, and evidence of financial distress by the
contractor. The four park projects has undergone difficulties since the dates
that the contract was awarded, notice to proceed was issued, and the time
allowed in the contract for completion in early November 2004. To date, the
parks are only 65% completed. Legal Counsel Kyle stated that he and staff met
with two representatives, one from Construction Funds Control Services, Mr.
Luigi Delucchi the president of the company, and an attorney representing the bonding
company who is very concerned and has indicated that the bonding company would
like to get the projects done with the least additional costs to them. The
service that Construction Funds Control Services provides is to control payment
of funds to the contractor as the work is performed. Legal Counsel Kyle
reported that he had talked with two other public agencies in the bay area that
experienced the exact same problems with J. W. Riley and Sons as LARPD, such as
delays and numerous stop notices for failure to pay for materials and/or labor.
The purpose for hiring Mr. Delucchi’s firm would be to control the finances and
give more of an immediate oversight on the project. The service is without cost
to the District. The money that Mr. Delucchi’s firm earns off the project comes
out of the payments to the general contractor, J. W. Riley and Sons.
In
summary, Legal Counsel Kyle stated that in his opinion the Board has three
choices in this manner: 1) Do nothing and continue to try and work with J. W.
Riley and Sons to attempt to finish the projects; 2) Engage Mr. Delucchi’s firm
with the hope that he will be able through control of the purse strings to
improve the progress of J. W. Riley and Sons; and 3) Terminate the contractor
and go back out to bid, causing delay. Should the Board elect to engage Mr.
Delucchi’s firm, Legal Counsel Kyle recommends watching the progress very
closely and if progress is unsatisfactory, terminate the contract.
Director Kamena asked if CFCS acts like an
escrow company, we give the money to them instead of the contractor and the
sub-contractors understand that they will be paid by CFCS not from the
contractor. Legal Counsel Kyle concurred that is the service that CFCS provides
plus a certain amount of oversight on the project making sure the job is done
correctly and the construction crew is going down the right path.
Director
Turner asked if Mr. Riley was currently working on the project and what kind of
work he is doing. Parks Project Coordinator Errico responded that J. W. Riley
and Sons is currently working on the project but fails to provide enough time
for the District inspectors to inspect the work and perform the required tests.
Director Turner asked Parks Project Coordinator Errico if he agreed with Legal
Counsel that perhaps the best alternative at this time would be to hire
Construction Funds Control Services to finish the project. Parks Project Coordinator
Errico agreed that it would probably be the best way to deal with the
contractor without losing precious time. If the District goes out to bid again,
a project analysis will need to be done on all the work that has been
completed, the bid specifications will need to be revised to reflect the
present conditions, and a landscape architect will need to be hired to re-do
the drawings.
Director
Goodman inquired if the District signs a contract with Construction Funds
Control Services and the work still isn’t being done satisfactorily can the
District still invoke the Performance Bond. General Manager Barry stated that
the District retains the right to do that. Director Goodman asked if Mr.
Delucchi will hire more people to oversee the project. Legal Counsel Kyle
responded that the District has an employee who acts as an inspector and the
District has also hired Bruce Jett Associates to act as a third party objective
source for determining if the work is being performed satisfactorily.
Director
Goodman asked what the most current date of completion is for the project.
Parks Project Coordinator Errico stated that there has not been any recent
indication from Mr. Riley what his time frame is.
General
Manager Barry stated that the hope is that Construction Funds Control Services
will provide money management, more oversight over construction management, and
an opportunity for the District to re-harness in the contractor on the
specifications that require inspections, approved tests and things that we
started when the project began but got in the contractor’s way in his hurry to
finish.
Director
Goodman asked if work has been rejected. Parks Coordinator Errico stated that
100 feet of sidewalk has been rejected so far and we are in the process of
rejecting some additional concrete that was done unsatisfactorily.
Director
Faltings stated that if the District hires Construction Funds Control Services,
it would be expected that CFCS would “bear down” on J. W. Riley & Sons and
get the project done correctly and in a timely fashion. Legal Counsel Kyle
stated that is the service CFCS is proposing.
Chair
Furst asked what J. W. Riley’s motivation is to get the job done since he is
only paid for the work he completes. And what pressure can Mr. Delucchi put on
him to work if he isn’t motivated on his own. Legal Counsel Kyle stated that if
Mr. Delucchi is unsuccessful in getting J. W. Riley and Sons to complete the
work, the District’s only alternative is to terminate the contract.
Chair
Furst asked what the process is for terminating our relationship with
Construction Funds Control Services if they are unsuccessful in getting J. W.
Riley and Sons to complete the construction on the projects in a timely
fashion. Legal Counsel Kyle stated that J. W. Riley & Sons has consented to
the arrangement and the District is agreeing to pay the money to Mr. Delucchi.
If the District continues to have problems its rights are reserved under the
contract, and with proper notice, can terminate the contract based on failure
to perform.
Chair
Furst asked if the District terminates the contract with J. W. Riley and Sons,
can Mr. Delucchi come back on the District saying we terminated the contract
unfairly. Legal Counsel Kyle stated no, that’s not how he reads the contract.
Chair
Furst opened public comment.
Mr.
Joel Long, One Embarcadero Center, 16th Floor, San Francisco, CA 94111,addressed
the Board. Mr. Long stated that he is the legal counsel for the bonding company
and he would be happy to answer any questions from the Board. The Board had no
questions for Mr. Long.
Chair
Furst closed public comment.
On
a motion by Director Kamena, seconded by Director Turner, approved contracting
the services of Construction Funds Control Services, passing 5-0.
Director
Goodman stated he would like staff to report back to the Board if there is no
progress made. General Manager Barry stated that there will be a time frame
specified in the contract with CFCS when the District expects the work to be
completed by.
Director
Kamena commented he was sick of the District being victimized by contractors who
are either incompetent or have no integrity. It seems to be the rule and not
the exception and he is not sure if the District is unique in that but it has
been bad in the four years he has served on the Board. His inclination is to
punish the contractor by terminating the contract but he realizes the District
has an obligation to the people who live near these parks to get the work done
as soon as possible, therefore he supports contracting with CFCS.
8.3 UPDATE ON SYCAMORE GROVE RECOVERY PROGRAM
General
Manager Barry reported that following the Board presentation on the Sycamore
Grove Recovery Program Phase I report from Sycamore Associates on January 26,
2005,staff met with Directors Kamena and Furst on February 9, 2005 and
discussed District goals for the next phase of studies. Staff then met with
consultants and Zone 7 staff on March 24, 2005 and began the process of
identifying the scope of work for Phase II. Zone 7 agreed to again be a fiscal
50/50 partner with LARPD for the Phase II studies, and is anxious to see that
the studies produce information helpful to them in the management of the
hydrology of the Sycamore Grove Park area as it relates to the health of the
sycamore trees. Sycamore Associates does not wish to continue as the main
consultant on the project, so LARPD and Zone 7 has engaged the three
sub-consultants (HortScience, Inc., Kamman Hydrology and Engineering, Inc., and
Lone Pine Research) to develop a scope of work and cost proposals for Phase II
studies according to an agreed-upon approach identified at the March 24th
meeting. The District has not received this proposal, but anticipates receiving
it soon. Upon receipt of the proposal, staff will discuss the proposal with the
Facilities Committee, and bring the information to the Board of Directors at a
subsequent Board meeting.
Director
Faltings expressed her pleasure with Zone 7 continuing to do a 50/50 share with
LARPD in the cost, as both agencies share a joint responsibility for the
sycamore trees in Sycamore Grove Park and she complimented Zone 7’s General
Manager and Board for their willingness to participate.
Chair
Furst stated that at one point Lone Pine Research was hired by Zone 7 and were
working under their direction, and now it seems like these three
sub-contractors are working together without any lead and he is not sure this
is the best system to have. General Manager Barry stated that this was
discussed with the three subs and Nelda Matheny from HortScience, Inc. agreed
to be the lead for this group and they’re going to present their individual
scopes in the direction they think we want them to go in and we’ll evaluate
their scopes that are currently being contract separately. Zone 7 is contracting
with HortScience and Lone Pine Research and LARPD is contracting with Kamman
Hydrology just for the scoping piece. When we engage this group altogether it
will be jointly between the two agencies. This had its up sides and down sides
in the Phase I process but he thinks this is the best way to proceed.
Director
Faltings commented that HortScience has been a consultant for the District for
along time and she is very satisfied with their work and feels confident that
they can provide both historical knowledge and leadership.
8.4 UPDATE ON RAVENSWOOD VINEYARD PROJECT
General
Manager Barry stated that since the agreement for the development, management
and operation of the Ravenswood Historic Site Vineyard was signed this past
April 2005 and the LARPD staff has been in contact with Michael Princevalle of
Coastal Viticultural Consultants, Inc. to prepare a time frame for the
development of the vineyard:1) During the next two months (May and June) the
vineyard blocks will be moved, disked ripped and disked again. This process
will provide nutrients back to the soil. Soil amendments (lime and gypsum) will
be added where necessary; 2) During July, August and September the locations of
the vines will be marked in the field. The stakes, rebar, end posts and drip
hose wire will be installed; 3) The irrigation system will be installed and
attached to the existing well and pump system in the fall; 4) After the
irrigation system has been installed an appropriate cover crop will be planted
over the winter to provide nutrients into the soil prior to the planting of the
vines; 5) During late winter or early spring of 2006, the vines will be planted
and grow tubes or cartons installed for protection. Irrigation will begin and
fertilizer plans will be implemented; and 6) The vineyard will be monitored and
the goal for the first season is to establish a strong root system.
Director
Kamena asked what effect the disking of the vineyard will have on the weddings
at the Ravenswood. General Manager Barry stated he has requested a schedule from
CVC so that scheduling events can be coordinated and he also intends to notify
the neighbors when construction begins.
Director
Kamena stated he is also concerned about the appearance of the site during
construction with tractors and large equipment being used for the work. He
wants the people who have reserved the site for weddings to be informed ahead
of time that construction of the vineyard is taking place. General Manager
Barry stated he will convey that to the staff to and also inform CVC not to
have large equipment in the background where photos will be taken.
Director
Faltings stated that the vineyard on the three acres in front of the two houses
is not going to be a modern vineyard, it’s going to be the head pruned
vineyards that date from the 1870’sand 1880’s.
8.5 LEGAL COUNSEL SCOPE OF WORK
General
Manager Barry reported that Legal Counsel Michael Kyle has been the District’s
attorney for the past 30 years without a contract. The Board has requested that
Mr. Kyle begin attending the special Board meeting of each month. Mr. Kyle will
present a cost proposal for this request and information concerning the scope
of work and compensation for the District’s legal services and provide a cost
proposal for Board consideration for FY 2005/06. Mr. Kyle will be sending
additional information to the Board under separate cover.
Chair
Furst stated he would like a wider discussion to include a contract and job description
for District Legal Counsel.
Legal
Counsel Kyle stated that the cost to attend the special board meeting would be
billed at the regular hourly rate of $185.The cost for the regular board
meeting is included in the monthly retainer fee.
Director
Faltings stated that Mr. Kyle’s cost proposal, scope of work and compensation
of the District’s legal services for FY 2005/2006 will need to be reviewed by
the Budget Committee and included in the 2005/2006 budget. Director Faltings
also agreed with Chair Furst that there should be a contract and a job
description for District Legal Counsel and feels that the best person to write
the description is the person filling the job, as Mr. Kyle possesses as much
as, or more, experience being a park and recreation legal counsel that anyone
in the state.
Chair
Furst opened public comment. No public comment was received. Chair Furst closed
public comment.
Director
Kamena respectfully requested Chair Furst to consider placing further
discussion of District Legal Counsel’s cost proposal on the agenda for the specialmeeting
on May 25th, under Executive Session.
On
a motion by Director Kamena, seconded by Director Tuner, approved the cost of
District Legal Counsel’s attendance at the two special board meetings remaining
in Fiscal Year 2004/2005 (May and June), passing 5-0.
9. RESOLUTIONS: None
10. ORAL REPORTS
General
Manager Barry stated that he is happy to report that the District has reached substantial
completion of the Robert Livermore Community Center construction. This gives the
contractor 30 days to complete the punch list.
11. COMMITTEE REPORTS
Board
received reports on the ten committee meetings attended since the Regular Board
meeting of April 13, 2005, as follows:
Livermore
Downtown, Inc., Intergovernmental, Budget, Community Gardens Community Center,
Intergovernmental-EBRPD, Ravenswood Progress League, Scottish Games, Livermore
Cultural Arts Council and Alameda County Special Districts Association.
12. MATTERS INITIATED BY THE
DIRECTORS
a.
Director Goodman has volunteered to work at the LARPD booth at the Farmer’s
Market to promote the RLCC and would like the Board to discuss how often the
LARPD booth should be set up and if the Board Members can help man the booth.
b.
Director Goodman was approached by the Tri Valley Chapter President for the
Self Help for Hard of Hearing People. The group gave him information about a
hearing device for the community center and he will pass it on for staff to
look at.
c.
Director Turner is concerned about pedestrian traffic issues around the RLCC.
He feels that people entering and exiting from East Avenue are having problems
because there is no signal control, and the sign is too small.
d.
Director Turner would like the committee meeting agendas included with the
committee reports.
e.
Director Faltings attended a “red hat tea” given by staff for the ladies who
attend the Friendship Center. Director Faltings commended staff for bringing the
outside in and giving the ladies (and one gentleman) such a nice event.
f.
Director Kamena would like the Board to discuss Legal Counsel’s role and
compensation in Executive Session at the next meeting.
g.
Chair Furst commended all the volunteers and specifically Kerri Anderson,
Volunteer Coordinator, for her work in organizing a very successful Earth Day.
It was the largest turnout ever even though the weather was not very good and
rained part of the day.
h.
Director Turner was contacted by seniors regarding their concerns about the
billiard room at the RLCC and would like a report on this from the General
Manager at a future Board meeting.
General Manager Barry stated that he has a
meeting scheduled with the seniors tomorrow, May 12th.
13. MATTERS INITIATED BY THE
GENERAL MANAGER
a.
There is a really big swim meet planned for this weekend at the RLCC.
b.
The Rodeo Mixer is June 8 and if Board Members would like to attend please let
Pat know and she will order tickets for you. If Board Members would like to
ridein the Green Horn Team Penning Event we have entry forms.
c.
The first Board meeting in June will be on the 15th.
d.
The General Manager’s performance review will be on a June meeting agenda under
closed session.
e.
There will be Budget Workshop at the June 15th Board meeting; the preliminary
budget will be presented for approval by the Board at the June 29th Board
meeting; and the final budget gets adopted in August.
14. ADJOURNMENT: Meeting adjourned at 8:47 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