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Parks and Recreation Commission Minutes September 12, 2005

PARKS AND RECREATION COMMISSION
MEETING MINUTES
City Council Chamber
Monday, September 12, 2005, 2005
6:30 p.m.

CALL TO ORDER:

Commissioner/Acting Chair Miller called the meeting to order at 6:33 p.m.

FLAG SALUTE:

Commissioner Han led the flag salute.

ROLL CALL:

Present :

Kathleen Baier-Dalton, Virginia Han, Pamela Keller, George Miller, Nancy Spencer, Craig Russell

Absent :

Neil Swanson

Staff :

Manager/Acting Parks and Recreation Director Judy Peterson; Parks and Recreation Managers Dave Alkema, Grace Carroll-Miranda, and Dannielle Mauk; Landscape Superintendent Dennis Quinlivan; Risk Manager Gretchen Beatty

PUBLIC COMMENT

Acting Chair Miller asked for any public comments on items not on the agenda. Acting Director Judy Peterson introduced new Parks Manager Dave Alkema who provided background on his long career in parks and recreation. He was welcomed by the Commissioners.

ACTION ITEMS (Items 1 - 2)

*1. MINUTES OF THE JULY 11, 2005 REGULAR MEETING

Commissioner Keller made a correction on Page 15 of the July 11, 2005 meeting minutes, noting that "Commissioner Gee" should read "Attorney Jee." Acting Director Peterson also noted the omission of Administrative Manager Alice Loya's name in the list of staff in attendance. Commissioner Dalton MADE A MOTION and Commissioner Spencer SECONDED THE MOTION to approve the minutes as corrected.

Per Acting Chair Miller, the minutes were APPROVED AS CORRECTED.

*2. PLAYGROUND SAFETY MEASURES

Grace Miranda, Recreation Manager, introduced the Playground Safety Measures agenda item, saying that staff was seeking a recommendation on the Fullerton Sports Complex playground safety issues. She provided a history, noting that the tot lot was closed and fenced off at the Sports Complex in April of this year due to complaints about foul balls going into the tot lot. Manager Miranda said both Risk Management and the City Attorney were also consulted. She added that the Commission also reviewed the item at its June 13, 2005 meeting, but that it did not want to provide a solution with which Risk Management would not be in agreement. Thus, staff spoke with Risk Manager Gretchen Beatty who provided the name of a playground safety expert, Scott Burton, who, in turn, provided a recommendation which was included in the agenda letter. However, due to his Florida location, Mr. Burton's recommendation was based on diagrams and photos sent by City staff and not on an actual visit or measurements taken, unlike the report from a second playground safety expert, Gary Gershon, who was at tonight's meeting.

Manager Miranda noted that Risk Manager Gretchen Beatty then provided her department's perspective on the foul ball issue and why the playground was closed at the July 11, 2005 Commission meeting. However, the Commission also requested that the playground be re-opened since baseball season would soon be over. Manager Miranda said she spoke with Gretchen and since staff at the park could ensure that there would be no casual ball play at Field #2 near the tot lot when the fence was taken down, it was agreed that the tot lot could be re-opened when baseball season ended. However, a more permanent solution still had to be agreed upon since baseball season would begin again in Spring.

Manager Miranda said that since then, she sent photos and a packet of information to Scott Burton in Florida, and when the new Parks Manager, Dave Alkema, came on board, he recommended playground safety consultant Gary Gershon, who could provide a good playground audit and was in the area. She then highlighted the staff recommendation provided by Gary Gershon which was to put a shade structure over the playground equipment, and to extend the backstop and foul ball fencing to the end of the field.

However, Manager Miranda said there were alternatives which the Commission could consider including removing the play equipment entirely and replacing it with turf and irrigation at a cost of $80,000, or caging the playground equipment which was recommended by both consultants. The initial recommendation of the shade structure and additional fencing was estimated by Gary Gershon at $275,000.

Manager Miranda then directed the Commission to Mr. Gershon's report and recommendations in the agenda packet, noting that besides the foul ball recommendations, he made other prioritized recommendations related to play equipment safety improvements.

Commissioner Russell asked if the Commission could have the option or authority to do nothing, and Manager Miranda said they could make that recommendation. He asked what would happen if they made a recommendation to open up the playground during baseball season, and if the item would go to City Council or Risk Management. Manager Miranda said it was her understanding that the item would go to City Council, and agreed with Commissioner Russell that, no matter what Commission's recommendation was, the matter would go to City Council.

Manager Miranda then introduced Gary Gershon of Playground Safety Analysts who came to the podium to answer questions. She noted that Gretchen Beatty of Risk Management was also in the audience, and had reviewed Mr. Gershon's complete audit and concurred with his recommendations. Commissioner Russell asked Mr. Gershon what the National Playground Safety Institute (NPSI) was, and was told it was a private organization but affiliated with the National Park and Recreation Association and the Consumer Product Safety Commission. He said the NPSI certifies people like him and also sets standards on how playgrounds should be built. He said the playground safety certifiers must be re-certified every three years.

Commissioner Russell asked if someone from the NPSI would inspect the playground prior to it being built, and Mr. Gershon said this should be done, but that it didn't always happen. When asked, Manager Miranda said this had not been done in Fullerton, to her knowledge. Commissioner Russell confirmed that this should have been done per a California government health and safety code known as Title 22, added that other playgrounds in other cities as well as Fullerton are in similar situations, and asked why this is allowed to happen, especially when there is then a $180,000 recommendation to correct the problem. Mr. Gershon said the safety standards have been a state law since 1998, but that they weren't always followed and weren't funded.

Commissioner Spencer asked why playground safety wasn't monitored in the building of the new park if this was state law. Mr. Gershon said he couldn't speak specifically for Fullerton, but that most cities are having their playgrounds audited; however, there were a lot of older playgrounds built before the safety standards were set up. Manager Miranda agreed with the commissioners' concerns, and said staff was also just learning about the safety standards, and they couldn't find out why the standards weren't followed since most of the people involved with the building of the Sports Complex were no longer with the City.

Commissioner Russell said that playground safety standards pertaining to baseball fields would become an issue at many more City parks. Manager Miranda agreed with his concerns and the "domino effect," and said that was why the City needed to develop a policy to deal with this issue, and that it was important and couldn't be ignored. Commissioner Spencer asked if all City parks should be reviewed for safety, or if they were "grandfathered in," and Risk Manager Beatty said the City is always reviewing its parks, but that they were just learning about the issue of foul balls in the tot lot. And, since this issue was brought up through a specific complaint, they had to address it immediately; however, to her knowledge, this was the only park where this situation had occurred. Risk Manager Beatty agreed that the City would be looking at the other parks for any safety concerns.

Commissioner Russell said commissioners assumed staff would be taking safety and legal factors into consideration and asking the right questions when building a park, acknowledging that perhaps commissioners should also have asked those questions. However, he said he was involved with the Sports Complex planning for ten years, so this was not a problem that happened overnight, and wondered if he would have to ask every question possible to ensure this doesn't happen again. Manager Miranda pointed out that, as Commissioner Russell had noted before, many cities have tot lots adjacent to ball fields and that, like most people, she had not been aware of the ramifications until just recently and didn't even know there were playground safety consultants.

Parks Manager Dave Alkema stepped up to the podium and explained to the commissioners that landscape architects are hired to design a facility that is aesthetically pleasing, designed to do what is desired and is safe, with the assumption that the professionals are meeting those criteria; unfortunately, this doesn't always happen. He said it goes back to knowing the consultants one is working with and hiring "top-rated" consultants who do similar work on a regular basis. Manager Alkema said he didn't know if this was done in the instance of the Sports Complex or Bastanchury Park, but said the designer could be just as liable as the person who hit the ball and the City. He said the important thing is to hire competent professionals who understand liability issues. Commissioner Russell asked why, then, the City is expected to come up with $180,000 and the designer is "off scot free." Manager Alkema said that was an interesting question and should be brought up to the City Attorney's office.

Risk Manager Beatty said they had spoken with the project architect who provided some mitigation by extending the ball field fencing and backstop during the first season. The City approached the designer again, but "hit a road block", and although further negotiations with the designer have not been ruled out, the City wanted to "get a solution in place."

Commissioner Miller commented that he would have a hard time voting for a $275,000 solution and would rather have Council vote for it if it wants to. He added that he has grandchildren playing baseball and noted that, using the current logic, no one should watch games at the sports park at Yorba Linda because it has four ball fields around a tot lot, yet the City is being asked to spend money for a "normal risk that is just common sense."

Commissioner Spencer asked why, if playground safety standards was a law, it wasn't followed by the landscape architect, and said "they stand liable for this." Commissioner Russell said they were always told that signage would eliminate risk, such as at the skate park, and asked why they couldn't do the same at a sports park and eliminate the City's risk. Risk Manager Beatty said the risk at skate parks isn't totally eliminated, however, there is a special law on skate parks' liabilities that differs from laws for tot lots, the latter which views tots as the "ultimate users" who can't read signs and, therefore, need extra measures of protection.

Commissioner Miller asked how many actual, verified complaints there were, and Manager Miranda said she knew specifically of two documented complaints, but that she knew that staff, while perhaps not documenting foul ball complaints, had received numerous complaints. She added, however, that safety consultant Gary Gershon had found that 26% of balls pitched result in foul balls. Commissioner Miller asked how many of those foul balls stay within the play area, saying that the statistic was "useless" and that this issue was over two complaints, or "almost $100,000 per complaint," which Commissioner Keller echoed.

Commissioner Dalton said she's concerned that while wanting to maximize space, we may be trying to do too much in too little space, including at the Sports Complex and now at Bastanchury. She asked if they could fence, gate and lock the playground with signage during baseball season, and keep it unlocked during non-sports times or when staff is available, thereby reducing liability and allowing dual usage. She said this was a better solution than taking out the equipment altogether, and noted that foul balls and liability would also be a problem at Bastanchury. Risk Manager Beatty said that would definitely be an option, and was what they were doing during baseball season. Commissioner Dalton felt a permanent, attractive fence was a pragmatic and cost-effective solution, acknowledging that this was not a perfect solution. Manager Miranda added that that was also one of Mr. Gershon's alternative recommendations.

Commissioner Keller appreciated Commissioner Dalton's comments, but said her family uses the tot lot frequently, especially during baseball. She said although she doesn't want to spend $200,000 and doesn't have an answer, she said she would hate to see it closed at baseball season. Manager Miranda said the tot lot is also used a great deal by the neighbors, which Mr. Gershon also noticed.

Commissioner Russell said he agreed with Commissioner Keller and believed that the tot lot was a good use of space, particularly during baseball and soccer season, and was concerned if it was to be closed during those sports seasons. He said the tot lot might then only be used one month out of the year, and couldn't understand why soccer would force a closure of the tot lot. Commissioner Keller agreed, saying there were too many fences and a ball field in between. Commissioner Russell also questioned the risk from soccer, and Mr. Gershon acknowledged the commissioner comments and explained that he was merely using the standards for playground safety, agreeing that the existing fencing would provide some mitigation of risk and that they may not need to do anything regarding soccer balls.

Commissioner Russell asked if other types of play would have to be considered when reviewing liability, for example, the basketball court at Bastanchury Park that is "right down the third baseline." Manager Miranda said Mr. Gershon is already looking at that park, too, and they will have a report, probably at the October meeting. Commissioner Han said she had another option, and asked if the City should pay 50% and the designers could pay for the other 50%, which Manager Miranda said was an option they are looking at but couldn't guarantee. Commissioner Han added that she liked Commissioner Dalton's idea, and thought it would make the tot lot parents happy.

Manager Miranda noted that the $180,000 - $190,000 cost would include a shade structure and extension of the backstop and foul ball fencing. She said the $275,000 estimate was for caging the tot lot which staff was not recommending. Commissioner Han said, that regardless of what the cost would be, the City should not pay the whole cost because the designers were licensed, and Manager Miranda agreed, saying they were looking at that, would like to do that but didn't know if it was possible.

Commissioner Keller asked where the money would come from, and Manager Miranda said probably park dwelling fees. Commissioner Keller said it appeared that most of the money for projects is coming from park dwelling fees, asking how much was in park dwelling fees, and Manager Miranda said Manager Alice Loya knew that answer but she wasn't there; however, she could get the answer. Commissioners Dalton and Russell both said it really didn't matter where the money came from because it would then be taking away from another project and could put a halt to that project.

Commissioner Russell expressed concerns, saying the Commission was in a quandary, and would have the same problem at Bastanchury, and besides having to possibly close Bastanchury Park down the day after the ribbon cutting due to foul balls, the $180,000 costs for mitigation would be doubled since there are two parks with the same problem. He agreed with Commissioner Spencer when she said there could be other parks, too. He also said he was tempted to recommend re-opening the park and doing nothing, letting the issue go to City Council and let them decide what to do. Commissioner Russell added that there was too much to consider, and that the Commission should get a recommendation from the City Attorney, who could say whether the City had already exposed itself to risk, now that the issue had been brought forward and discussed, that the Commission might vote to do nothing, and asked if that would "look bad when the lawsuit comes." Or, Commissioner Russell asked if Risk Management would say Commission now had to do something because the issue had been brought forward. He said he didn't know what the answer was but he was sure no one wanted to make a decision that would put the City at a greater risk; however, he also "didn't want taxpayers paying $180,000 on something we messed up on." He said he was not prepared to make a decision, and that perhaps Commission should let Council make the decision. He said it was a big decision and that the Commission didn't have enough information, and that there were too many unanswered questions.

Commissioner Miller said he basically agreed, and that there were still too many unknowns, and too many things that "might happen", which wasn't a good basis for making any decision. He suggested one of two things: Either getting much more additional information so there are "no more if's", e.g., is the playground designer going to be held liable - yes or no; or they should vote "no" or do nothing.

Commissioner Keller returned to the subject of signage, saying Fullerton College has signs all over warning that foul balls were the car owners' problem, and asked if signage was "a complete non-option," or if they could put some signs up until a decision could be made, ensuring that the foul ball signs are all over so that the parents would have to see the signs. She added that the City might want to put the signs up anyway because the foul balls fall everywhere at the Sports Complex, not just in the tot lot, and that everyone knows they have to watch for foul balls. Commissioner Miller agreed with looking at signage as a possible solution, saying he would rather see "what can be" done rather than just "what can't be" done.

Commissioner Russell asked about using the leagues' insurance to reduce City liability from foul balls, as was done when he was managing East Fullerton Little League. Risk Manager Beatty said league insurance could possibly be used but, in the case of a lawsuit, the court would have to determine the greater percentage of liability - the league's play or the design of the park.

Risk Manager Beatty said they brought the issue of signage at the outset, and the City Attorney had said posting signs was not enough and would not remove liability although it might reduce risk. Commissioner Dalton suggested using signage to put responsibility for direct supervision back on the parents, and asked if they couldn't investigate whether there were some signs that had stood the test of time. Risk Manager Beatty said they can bring commissioners' questions to the City Attorney, and investigate signage further, and also noted that while two complaints didn't seem like much, these were brought at the very beginning of baseball seasons, and was in addition to other complaints.

Commissioner Russell asked if a league person could staff the tot lot to ensure enforcement of signage requiring parents to supervise their children, and that if there was no league supervision, the tot lot would be closed. He said he wanted to find a solution without spending $180,000. Commissioner Dalton said she agreed that she wanted to find an alternate solution and that spending $180,000 was "almost obscene," especially if the City will have to do the same thing again at another park. She also urged staff to "look hard at all of the aspects for added protection" including fencing, signage, and pursuing the designers, saying that the City shouldn't let them off the hook to do the same thing elsewhere, especially since they get paid a lot of money to do the design work and to ensure that the uses are compatible. She said she's "big on personal responsibility," and encouraged the designer, parents, and City to take responsibility for their parts.

Commissioner Miller said staff had a lot of work still to do on the item and suggested that it be taken off the agenda. Commissioner Han asked if the designer could be brought to the next meeting. Commissioner Dalton MADE A MOTION that the item be tabled for further investigation of the issues brought up at tonight's meeting. Commissioner Russell SECONDED THE MOTION.

Commissioner Dalton asked what the safety status of the playground was, and was told there was no baseball currently, but that winter ball would be starting up this weekend; however, the play would not be on Field #2 next to the tot lot, so it should be safe to leave the tot lot open. Commissioner Russell confirmed that the Commission would like some answers on how signage will affect the issue, the permit process with leagues and league staffing of the tot lot, and league insurance. Manager Miranda agreed, and said she would also ask the designer to attend the next meeting. She also confirmed that the Commission would like to try to limit the City's exposure and not spend $180,000.

Chair Miller asked for any other comments, and hearing none, called for the vote.

AYES: Dalton, Han, Keller, Miller, Russell, Spencer
NOES: None
ABSENT: Swanson

The MOTION CARRIED unanimously.

INFORMATION ITEMS (Items 3 - 8)

*3. FULLERTON AQUATICS SPORTS TEAM (F.A.S.T.) PROGRAM UPDATE

Manager Judy Peterson introduced FAST Coach Kevin Perry and Chair Miller welcomed Coach Perry to the meeting. Coach Perry thanked Chair Miller and the commissioners for the opportunity to attend tonight's meeting, saying he was providing a report on FAST's first summer.

Coach Perry noted that FAST began its partnership with the City at the Janet Evans Swim Complex about eleven months ago, and that he was involved in many meetings with the City, receiving a lot of guidance, direction and support from City Council, the Parks and Recreation Commission, and especially from Manager Peterson and Director Ron Molendyk. He thanked staff who supported and assisted them including the Maintenance Department, Director Bob Savage, Supervisor Rick Stock and Superintendent Lyman Otley as well as the entire Parks and Recreation Department staff.

Coach Perry reported that FAST concluded its summer season one week ago, and began its fall season today. He said they are starting a ten-week swim program for children today, a new adult fitness swim program beginning tomorrow night, a Masters' swim program that began this morning at 6 a.m., a pre-competitive program, and a synchronized swimming program that is continuing in the fall. He said a more detailed report would be completed and submitted in November. He said FAST's goals at the Janet Evans Swim Complex were to:

1.) Maintain programs offered in years past
2.) Introduce new programs benefiting the community in recreation, health, fitness, aquatic sports and safety
3.) Provide good oversight of programs with customer service, quality and fiscal management
4.) Develop aquatic programs that would function year-round

Coach Perry said that in order to achieve these goals, they recruited and trained excellent staff led by Facility Manager Alyson Edoff, Swim Lesson Director Chip Lance, Assistant Manager Mitch Provert and head coaches and instructors Christine Sporeman, Jessica Maxwell and Kristin Baker. They also recruited over 30 life guard/instructors.

Coach Perry also acknowledged the importance of the filtration/chlorination system that Council approved. He also noted the planned renovations at the locker room and offices, saying FAST would ensure they are done correctly.

Coach Perry also noted a morning adult swimmer program that began last September 20th with seven swimmers that has grown to over 30 swimmers. He noted the obstacles to attendance they faced including the severe winter storms and the one month large pool closure during replacement of the chlorination/filtration system. However, he said two new programs began in March: One was the "Sharks", the first ever Special Olympics swim team in North Orange County, consisting of 20 adults and children. The Sharks competed at the Cal State Long Beach Special Olympics Summer Games. Coach Perry described the new spring swim lesson program, noting that nearly 90% of the 125 spring swimmers returned for the summer. He described the recreational lap program and FAST efforts to cater to Fullerton schools, community groups and camps including end-of-school swim parties for over 600 elementary students. They also had about 400 summer campers per week in the summer which included City programs. Coach Perry said recreational lap swim was restructured to nine hours weekly of adult-only lap swimming which proved so popular that the fall time period has been moved up half an hour to 12:00 -2:00 to attract the business crowd.

Coach Perry outlined the new synchronized swimming class, saying he hoped to bring a water show for the City and noted the more-structured adult lessons which 30 adults took this summer. He outlined successes in several other programs, saying they reached about 1,000 children this past summer, and certified several new junior lifesavers. He said FAST, with the support of Council, Parks and Recreation, Manager Peterson and Coordinator Rosemary Castro, was able to provide Secret Pals swim scholarships for 49 children.

FAST also won a state senior championship in spring and several swimmers went on to win CIF championships. He also acknowledged parents who volunteered with a Junior Olympics swim meet August 3 - 7 with 1,000 athletes, with Fullerton swimmers capturing several titles. Ten FAST swimmers also represented Fullerton at the United States Swimming National Championships and Junior National Championships in Irvine in August, and two swimmers qualifying for the 2008 Olympic trials. Coach Perry thanked Toyota, Tier and Fullerton businesses and families who support the swim teams. He thanked the City Council, Commission, the Parks and Recreation and Maintenance departments, and the citizens for their support.

Coach Perry passed around photos of FAST for the commissioners to look at. Commissioner Keller congratulated Coach Perry on the many activities and asked how FAST's finances were going, and Kevin said it was fine although the swim team income provided a lot of the support, and that they did better than he expected, almost breaking even.

Commissioner Keller asked how the recreational swim went, and Coach Perry said the evening hours were expanded, although recreational swim was generally down, perhaps because he didn't market to camps outside of the City. In response to Commissioner Keller asking if the City's summer camp program numbers were down, Manager Peterson said the Hillcrest Summer Camp program numbers were down slightly but that the Summer Playground Program numbers were not down. Commissioner Keller asked if the small pool was not open for recreational swim, and Coach Perry agreed, saying he did receive some complaints and he was trying to find a solution, noting fiscal, maintenance and safety issues.

Commissioner Keller asked where a three-year old would go, and Coach Perry said the large pool is four feet deep but available to three- and four-year old's with parental supervision. Commissioner Keller responded that the coach was doing wonderful things but would like to be part of the conversation to have the small pool available for recreational swim. He noted a life guard/instructor who worked with some Summer Program kids who wanted to swim in the shallower pool, but said good parental supervision for non-swimmers was vital.

Commissioner Han asked if there were classes for the disabled, and Coach Perry replied no, but that they wanted to provide classes and were looking into it. Commissioner Spencer said she was amazed at FAST's accomplishments and wanted to congratulate him on his program. The commissioners thanked Coach Perry for his presentation.

*4. LAGUNA LAKE HABITAT AND TRAIL IMPROVEMENTS

Park Projects Specialist Denise Buchanan introduced RJM Design Group, Craig Sensenbach, Associate Principal RJM, and Robert Mueting, Principal, saying the firm was chosen to prepare the plans and specifications for the trail and habitat improvements at Laguna Lake. She said they would present conceptual plans and related exhibits.

Associate Principal Sensenbach made a Power Point presentation that provided a description of Laguna Lake and the regional trail area, and the project goals. He said they will be designing with native plants, for the most part, will remove the "exotic" plants already there over time, minimize landscape maintenance costs, and provide education through signage. Other project goals would include improving public access, safe circulation, rest areas and increasing ADA accessibility.

Photos of Laguna Lake were also presented, showing some of the areas needing improvement including pavement, the parking lot, restroom, slopes, fencing, poor water drainage and erosion. However, Mr. Sensenbach said there were also "opportunities" or positive features including existing mature trees, an open area near the restrooms for potential park improvements, and the recently renovated lake. He also noted a little "hollow" or retreat at the midpoint of the lake as well as linkages to the regional trail system.

Mr. Sensenbach reviewed the concept plan which included a tree inventory listing all the trees and their type, size, and health; a tree and plant replacement plan; and a trail alignment plan which would allow for better planting, slope stabilization, and a stabilized multiple-use trail at the south end of the lake. He also showed "thematic" fencing that would protect landscaped areas. Proposed trail materials would be decomposed granite, cobblestone construction, and lodge pole trail fencing. The Habitat Creation Plan was also described with emphasis on utilizing native plants, and plan views were shown with fencing, seating, a tot lot, and restrooms. An Interpretative Center would also be established to educate the public on lake management, the flora and fauna, "Old Bob", the alligator snapping turtle, a history of the property, and trail etiquette.

Commissioner Spencer asked whether the above items were budgeted, particularly the signage; Mr. Sensenbach said he wasn't sure but understood they were mentioned in the Request For Proposal. She asked about the trees, noting that 130 trees had been removed, reducing the shade that used to be there. She asked if trees were included in the grant, and Mr. Sensenbach answered that the Rivers and Mountains Conservancy grant was funding that. She asked what the size of the trees would be, and Mr. Sensenbach said that would depend on what was to be spent in the first stage plan, but said he understood her concerns, saying that their replacement plan would be over a period of 40 years. She said she missed the trees and thought other people would miss them, too. Principal Robert Mueting said the trees that were taken out were done so prior to RJM's participation and were taken out primarily for safety reasons. Mr. Sensenbach agreed with Commissioner Spencer that the drainage problems would be addressed in RJM's design. Chair Miller and the commissioners thanked RJM for their presentation.

An audience member living across from Laguna Lake, Richard Gayton, 3201 Lake Knoll Drive, had a question, saying he appreciated what the City was trying to do, but that there were problems. He said the dead trees were finally removed, but was concerned that new trees would be planted that would block his view of the lake. A new pump building and a boat house was built there and he was concerned if anything else would be built to block his view. Mr. Sensenbach said the plan could be reviewed and was flexible. Chair Miller asked how the gentleman would keep track of this issue, and Parks Manager Alkema took the man's name and phone number and gave him his business card, who thanked them.

Commissioner Dalton asked if there would be a public hearing, and Park Projects Specialist Buchanan said it was planned after the concept plans are further developed. The commissioners thanked RJM for their presentation.

*5. LANDSCAPE DIVISION MONTHLY REPORT FOR JULY AND AUGUST 2005

Judy introduced Dennis Quinlivan, noting that he was Acting Superintendent before, but is now the permanent Superintendent. The commissioners congratulated him, and he thanked them, saying he was looking forward to the lake project which his department would be directly involved in.

The Landscape Report for July and August 2005 was received and filed, and Superintendent Quinlivan provided verbal highlights on weed abatement on the Juanita Cooke Trail, completion of the slope at Fairway Village, West Coast Arborist tree trimming and planting. He said he had discussed median improvements at Bastanchury and Highland with Commissioner Spencer who thanked him. He asked for questions.

Commissioner Spencer congratulated Superintendent Quinlivan and thanked him for his quick work at a property on Green Acres which needed tree removal and replacement, saying the property owners were very happy. She also asked if the 251 trees removed included those at Laguna Lake but Superintendent Quinlivan said the Laguna Lake trees would have been counted in the previous fiscal year. She asked about the discrepancy between the trees removed and those planted, and Superintendent Quinlivan said there would be a large tree planting in fall, noting their goal this year would be to better maintain trees that were planted. Commissioner Keller asked him about trail encroachment near private property, and he said the Department will take action when the encroachment becomes a problem, but generally they try to work with those residents.

Commissioner Spencer asked if Superintendent Quinlivan was involved in the Skyline and Raymond property, remarking on how much money the two residents leading the project have raised. He said he hasn't been involved yet although Maintenance is planning on putting in trees, rocks and do some mulching at that property. Parks Manager Dave Alkema said he was involved and was meeting with the two residents. The commissioners thanked and congratulated Superintendent Quinlivan.

6. DIRECTOR'S UPDATE

Acting Director/Manager Judy Peterson noted that the Bastanchury Park dedication would probably be delayed until November 5th due to a problem with the dedication plaque. Commissioner Dalton asked Manager Peterson why the turf there looked brown. Superintendent Quinlivan answered her question, saying it was a hybrid Bermuda that needed to be thatched down so it's short for sports play, and that he had to remove ten 40-cubic bins of grass to cut it. He acknowledged the turf wouldn't look nice until Maintenance takes over, but that it would look nice after that.

Manager Peterson noted that the Fall brochure in front of the commissioners had been mailed out to the public, and the commissioners acknowledged receiving their copies in the mail, too.

She said Director Molendyk wanted to remind the commissioners about the October Commission meeting, especially regarding Kiwanis, and that he wanted to know who would be attending. All the commissioners present said they would be attending. Commissioner Dalton reminded staff that every bit of communication regarding Kiwanis needed to be included in the agenda packet to assist the Commission in making its decision. Manager Peterson said she would pass this request on.

Manager Peterson confirmed that all the commissioners would be attending the Council Commission workshop on Thursday, September 15th.

She also reported, for the commissioners' information, that four Fullerton firefighters were assisting with Katrina victims, two in Mississippi and two in Louisiana. Also, she said if they wanted to make a donation, the Police Department was accepting donations and turning them into the Red Cross.

7. REPORT ON CITY COUNCIL AGENDA ITEMS

There were no comments or questions on City Council agenda items.

8. COMMISSIONER COMMENTS

Commissioner Han asked Superintendent Quinlivan if he could visit the 1000 block of Stanford south of Dorothy, west of Raymond, saying one of the tree roots is breaking up the sidewalk, posing a danger to anyone using it. She said she would call his office with the exact address.

Commissioner Keller said her children attended the Chapman Park Summer Playgrounds for only one week but they "loved it" and said they want to go all summer next year. She said the staff was "wonderful," and that she always enjoyed the staff the Department hires and commended them for that. Manager Peterson thanked her. Commissioner Keller also said the Summer Concerts were great, that each year it has higher participation, and that the food was a good addition. She said the Market was also going strong and encouraged everyone to keep attending, and also announced that she was attending the September 16th conference on "Successful Strategies and Funding Opportunities for Creating Healthy Communities," saying she hoped to have some good information to share in October.

Commissioner Spencer MADE A MOTION to adjourn the meeting, and Commissioner Keller SECONDED THE MOTION. The meeting was adjourned at 8:32 p.m.

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