LIVERMORE AREA RECREATION AND PARK DISTRICT

71 TREVARNO ROAD

LIVERMORE, CALIFORNIA 94551-4931

BOARD OF DIRECTORS

ADJOURNED REGULAR BOARD MEETING

Wednesday, June 10, 2004

6:00 p.m., Council Chambers

3575 Pacific Avenue

Livermore, California

MINUTES

DIRECTORS PRESENT: David Furst, Scott Kamena, Dale Turner and

Chair Maryalice Summers Faltings (4)

DIRECTORS ABSENT: Alice Quinn (1)

STAFF MEMBERS PRESENT: Michael Kyle, Ken Craig, Gail Sloane, Felix Errico,

Lora Cohen, Diane Daniel

WORKSESSION

1. WORKSESSION ON THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2004/2005

General Manager Barry conducted a Board workshop and discussion on the District’s Operating and Capital Improvement Budget for Fiscal Year 2004/2005. The workshop topics included:

a) The changes made to the Draft 2 Preliminary Budget resulting in the current Draft 3 budget;

b) The sttatus of the budget reserve fund, with an increase from 2.8% in 03/04 to 3.84% projected for the end of the fiscal year.

c) The status and projections for property tax and park in-lieu funds.

d) Potential impacts for the final budget, assuming an additional $1.3 million shift of property taxes to the State.

e) Discussion on the 2004/2005 capital improvement budget plan.

REGULAR MEETING

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

Meeting was called to order at 7:06 p.m., with Director Quinn noted absent at the time of roll call.

2. PUBLIC FORUM: No public comment was received.

3. CONSENT AGENDA

3.1 Board Minutes

3.1.1 Regular meeting of May 12, 2004.

3.1.2 Special meeting of May 26, 2004.

3.2 Communications

3.2.1 Petition submitted to Board of Directors on May 12, 2004, regarding the Marlin Pound dog area.

3.2.2 Letter from Debbie Lupeika regarding possible closure of Sycamore Grove Park.

3.3 General Manager’s Monthly Report (#56-11).

3.4 Payroll and Claims.

Director Kamena requested that Item 3.3 be removed from the Consent Agenda, and Chair Faltings requested that Item 3.2.2 also be removed. On motion by Director Turner, seconded by Director Furst approved the Consent Agenda, passing 4-0 (Director Quinn absent).

Chair Faltings asked General Manager Barry to reply to the letter received from Debbie Lupeika regarding the possible closure of Sycamore Grove Park. She noted that although some programs could be affected by the District’s budget situation, there were no plans to close the park.

Director Kamena inquired as to the status of the Summit Park improvement project.

On motion by Director Kamena, seconded by Director Turner, approved Consent Agenda Items 3.2.2 and 3.3, passing 4-0.

4. CONSENT AGENDA: RESOLUTIONS:

4.1 RESOLUTION: On motion by Director Turner, seconded by Director Kamena, adopted and approved Resolution No. 1897, a resolution calling for the District’s election on November 2, 2004 and requesting the Board of Supervisors of Alameda County to permit consolidation with the statewide general election on November 2, 2004, by the following roll call vote:

AYES: Directors Furst, Kamena, Turner, and Chair Faltings (4)

NOES: None (0)

ABSENT: Director Quinn (1)

5. BIDS AND PUBLIC HEARINGS: None.

6. OLD BUSINESS: None.

7. NEW BUSINESS

7.1 PROPOSAL FOR FORMATION OF CITY OF LIVERMORE ARTS COMMISSION

Chris Davidson, City of Livermore Economic Development Department, and Gary Schaub, a consultant hired by the City to look into the formation of an Arts Commission, addressed the Board of Directors on Mr. Schaub’s report. The proposal was being presented to the Board of Directors as it called for LARPD and School District participation in the Arts Commission, with each appointing a representative to the seven-seat body. General Manager Barry presented the LARPD staff recommendation, which was to approve participation by LARPD in the proposed Arts Commission and to direct staff to set up a process for appointment of the District’s representative.

Gary Schaub reported to the Board on the findings and recommendations contained in his report. He had found that there was significant community support for development of an Arts Commission. The community had expressed concerns about the lack of long-term arts planning in Livermore and the need for a go-to place in the community for artists. Mr. Schaub explained that the Commission would be a policy-recommending organization in planning, information gathering, and would make recommendations to the City Council, LARPD and the School District on arts-related matters. Mr. Schaub stated that he was recommending to the City Council that five members be appointed by the City Council, one by LARPD, and one by the School District. The intention was to recognize that all three agencies had some responsibility for the provision of arts-related services to the community. He believed that a joint commission would encourage communication and discussion within and among the three agencies.

Mr. Schaub was questioned by the Board regarding his report. Director Kamena remarked that the committee structure seemed unwieldy. Director Furst asked for clarification regarding the District being a voting or non-voting Commission member relative to use of the term “ex-officio,” and on requirements for appointees to the Commission by the District. Director Furst also asked for clarification regarding the responsibility of the various agencies for initial implementation of programs. Director Turner questioned Mr. Schaub regarding withdrawal privileges in the organization’s bylaws.

Mr. Schaub confirmed with the Board that the term “ex-officio” would not be contained in the ordinance, that the ordinance would reflect that all agencies were voting members, and that appointees should be non-board members. He stated that he assumed all three organizations would work together in the formation of bylaws that were mutually agreeable to all parties.

Chris Davidson explained that the formation of the Commission would necessitate adoption of an ordinance by the City and that the City’s rules and procedures for all commissions were the same. She commented that all three agencies had different programs and resources that were already in place that would benefit the arts community. As a starting point, the City would take the lead regarding staffing and facilitating the organization.

Chair Faltings noted a consensus by the Board for participation in the Arts Commission

7.2 APPOINTMENT TO PERSONNEL COMMISSION VACANCY

As Chair of the Board Personnel Committee, Director Kamena reported that the committee had interviewed two excellent candidates for the Personnel Commission vacancy, and was recommending the appointment of Margaret Y. Carroll.

On motion by Director Kamena, seconded by Chair Faltings, appointed Margaret Y. Carroll to the Personnel Commission, passing 4-0.

General Manager Barry was asked to invite Ms. Carroll to a meeting of the Board.

7.3 FISCAL YEAR 2004/2005 SALARY AND BENEFIT RECOMMENDATION

General Manager Barry summarized the three recommendations contained in the Personnel Commission’s recommendation to the Board of Directors for employee salary and benefit levels for Fiscal Year 2004/2005. The Commission had recommended that: a) No increases to competitive service salary ranges be granted at this time, but that the Board commit to a review of salary levels for possible adjustments that would effective in January of 2005. b) The District fund 100% of the increase to the cost to health plans for competitive service and part time designated employees over the upcoming fiscal year. c) The monthly sick leave and vacation accrual for Category A part time designated employees be increased from 4 hours to 5 hours (equivalent to one day’s work). General Manager Barry noted that the Commission’s recommendation had been reviewed by the Board Personnel Committee.

Director Kamena summarized the Board Personnel Committee’s review and recommendation of the Personnel Commission’s recommendation to the Board. He stated that the Committee was in agreement that no salary increases be granted at this time. But, the Committee did not want to recommend that the Board commit to a review of salary levels in six months time, as it would hold out false hopes to employees that there could be raises. The Committee supported the proposal for the District funding 100% of any increases to the cost of health plans over the next fiscal year. Regarding the change in vacation and sick leave accrual rates for Category A part time designated employees, the Committee recommended against it, as productivity levels would decrease.

The Board questioned staff regarding the cost of various benefits. General Manager Barry informed the Board that the cost of the Personnel Committee’s recommendation for funding 100% of the increase for health plan benefits was approximately $44,000. Administrative Aide Ulrich responded to a question from Director Furst regarding the cost to the District of changing the sick leave and vacation accrual rates, informing the Board that the cost of the benefit would be $4800, with only vacation leave being payable. Chair Faltings remarked that the Committee members believed that absorbing the increase in health plan costs was a way to show employees that the District valued what they do, in a time when raises were not possible. Director Turner raised the possibility of additional funds being identified through the District’s cost of services study and through employee attrition and retirement. Director Furst spoke in favor of the District of the proposal for granting the increase in vacation and sick leave accrual, as the amount of cost to the District was not significant and was a way to support the staff in a time when raises were not being granted.

Chair Faltings asked for public comment. Public comment was received from:

a. Bill Burgle, an LARPD employee for 20 years in park maintenance. Mr. Burgle pointed out that although the size of the District’s park maintenance staff was approximately the same as 20 years ago, the District had more than doubled in size. He felt that a reduction in force was not the answer, as the District was already under-staffed. Mr. Burgle stated that LARPD staff salary and benefit levels were always behind those of other agencies, and that now staff was facing another year without cost of living raises. He further stated that employees had suffered enough because of past mistakes and poor management. Mr. Burgle indicated that if the Board wanted to set an example, then they should cut their benefits first.

Chair Faltings directed staff to develop alternatives for the Annual Salary Resolution, based on the Board’s discussion, in preparation for consideration at the June 30th Special Board Meeting.

7.4 FISCAL YEAR 2004/2005 DRAFT PRELIMINARY BUDGET

General Manager Barry presented an overview of the Draft Preliminary Budget proposed for adoption at the Special Board Meeting of June 30. He reported that the Draft Preliminary Budget was a balanced budget and assumed $14,430,907 in revenue against expenses of $14,209,445. The difference between revenues and expenses ($131,462) would be added to the District’s reserve fund, which would total $631,462. General Manager Barry emphasized that the Draft Preliminary Budget did not include any further shifts of local property tax dollars to the State of California. It was expected that the budget would need to be reduced an additional $1.3 million dollars once the State budget was finalized, prior to August adoption as the Final Budget. The current Draft Preliminary Budget had been balanced without full time staff layoffs, and included operation of the new Robert Livermore Community Center. Some of the measures necessary to balance the Draft Preliminary Budget included increasing fees, reducing supplies, deferring maintenance, reducing part time staff, and eliminating events and programs.

Chair Faltings asked for public comments. Public comment was received from: 1) Susan Peterson, Livermore resident who has a daughter who works for LARPD; and 2) Kathleen Burgle, LARPD employee with the Extended Student Services program.

General Manager Barry noted the receipt of letters from teachers and students regarding the elimination of the Ravenswood Historic Site school programs.

8. ORAL REPORTS

8.1. ROBERT LIVERMORE COMMUNITY CENTER PROJECT STATUS REPORT:

General Manager Barry reported on the continuation of progress in construction of the project. The swimming pools had been surfaced and the pool slide installed. Landscaping was also being installed. He noted that there continued to be items of dispute between the District and the contractor which would ultimately need to be resolved, which had resulted in delay of the project. General Manager Barry asked the community’s assistance in protecting the facility from vandalism.

8.2 ALAMEDA COUNTY BOARD OF SUPERVISORS MEETING ON PARK DEDICATION ORDINANCE

General Manager Barry updated the Board of Directors on the status of Alameda County’s park dedication ordinance revision. The District had submitted comments to the County Planning Commission expressing concern over proposed park in-lieu fee levels and exemptions for fees for certain parcel categories. The item had been scheduled for a Board of Supervisor’s meeting, but had been removed from the agenda for additional discussion. General Manager reported that he had been contacted by Supervisor Keith Carson’s Office for a meeting, noting that he would like a Board representative to attend that meeting.

9. COMMITTEE REPORTS: Board received reports on the eight committees attended since the Regular Meeting of May 12, 2004, as follows: Facilities, Program, Budget (2), Personnel (2), Equestrian Center and LCAC.

10. MATTERS INITIATED BY THE DIRECTORS

a. Director Faltings commented on the Robert Livermore Community Center brochure and noted that the District should look into finding better names for the two pools.

11. MATTERS INITIATED BY THE GENERAL MANAGER

a. General Manager Barry noted that his one-year anniversary as LARPD General Manager would take place on June 18, and confirmed that he would schedule a personnel evaluation session with the Board.

b. General Manager Barry informed the Board that the District had been awarded a safety award at the California Association of Recreation and Park Districts’ conference.

Meeting recessed at 8:33 p.m.

12. EXECUTIVE SESSION: Meeting convened to Executive Session at 8:46 p.m.

13. RECONVENE TO OPEN SESSION: Meeting reconvened to Open Session at 9:28 p.m.

14. REPORT OF ACTION TAKEN IN EXECUTIVE SESSION: Chair Faltings reported that by a 4-0-1 (Director Quinn absent) vote, the Board of Directors had authorized Legal Counsel to hire Navigant Consulting as consultants for the District for the Robert Livermore Community Center Project.

15. ADJOURNMENT: Meeting adjourned at 9:29 p.m.

APPROVED:

_____________________________________

Chair, Board of Directors

ATTEST:

______________________________________

General Manager and ex-officio

Clerk to the Board of Directors

MINUTES JUNE 10, 2004