HomeMy WebLinkAboutAgenda Packet - PR - 1995.01.19BURLINGAME PARK AND RECREATION COMMISSION
7:30 p.m., Thursday, January 19,1995
Conference Room A, City Hall
501 Primrose Road, Burlingame
1. Rol Call
Henderson, Kelly, Nihneyer, Nyhan, Pera, Roberts, Yawn
2. Approval of Minulas
Approve the minutes of the November 17, 1994 meeting
3. Old Business
A. Washington Park Tennis Court "Bumps"
(NOTE. The Commission will adjourn to closed session in order to discuss an
item of potential litigation continued from the Commission's last meeting. It is
anticipated that the Commission will return to open .cession at approximately 8:00
p.m. in Room A.)
B. Update on Ray & Village Park Playground Equipment
C. Teens:
1) Discussion of procedures to add two Youth Advisory Members to the
Commission.
2) Update on issues re programs for teens
D. Update re roller hockey issues
4. New Business
A. Update on 1995 Field Use/Scheduling Issues
5. Reports
A. Park Director
B. Recreation Program Staff Report - Randy Schwartz, Recreation Manager
C. Recreation Director
D. Commissioners
6. Public Comments
This is the opportunity for members of the public to address the Commission regarding
items not otherwise on the agenda.
7. Adio� urnment
Next Meeting: Thursday, February 16, 1995
t
4-e Cfttg of Purlingamr
JEROME F. COLEMAN CITY HALL - 501 PRIMROSE ROAD TEL (415) 696-7207
CITY ATTORNEY BURLINGAME, CALIFORNIA 94010-3997. FAX: (415) 342-8366
January 23, 1995
Mike Riback
Meyers, Nave, Riback, Silver & Wilson
Gateway Plaza
777 Davis Street, Suite 300
San Leandro, California 94577
Subject: Washington Park Tennis Courts
Dear Mike:
Enclosed is the background material on the tennis court "bumps"
which I discussed with you. The courts were completely redone,
including the subbase, in 1990. In 1992 the contractor repaired
several bumps which had appeared; they are essentially a gradual
raising of the surface in a circular shape. Our Recreation
Director at the time only really pursued the contractor in 1992,
and in later years city crews repaired other bumps. The work was
generally done when the bumps became tripping hazards, usually
about a half inch high and eight inches across.
The problem continues, with about a half dozen bumps annually, and
this year our Park and Recreation Commission became interested. I
discussed the problem briefly with the contractor and with other
persons working in the field of tennis court resurfacing. My
memorandum of October 3, 1994, outlines the results of my
inquiries, which led me to the conclusion that this would not be
worthwhile pursuing.
The Commission did not agree. It was suggested by some members
that this be pursued as sort of a "res ipsa" case, with the analogy
being made to condominium litigation. The Commission wanted me to
send an immediate demand letter to the contractor and to its
insurance company. While I could maintain my position and
recommend to the City Council that no action be taken, it is
obvious that we have only explored the issue internally and that
advice from outside technical and legal experts has been lacking.
I therefore told the Commission that before contacting the
contractor I would seek the advice of an outside counsel who was
more familiar with this type of litigation. I also stated that it
would probably be wise to have an expert analyze one of the faulty
areas to see if a cause can be found, rather than operate in the
present vacuum.
printed w recycled paper i,
Thus this letter is to request that you look over the information
I am sending you and give me your views on pursuing this further
and on what our next steps might be. I told the Commission I would
report back to them at their February 16 meeting.
ts truly, -
E'ROME COLE
ity torney
cc: John Williams
cw1 X�rrafi.vrn Onaxtaind
550 Burlingame Avenue
Caliiornfe 9.1010
Phone j44-6386
Confidential
October 5, 1994
To: Park & Recreation Commission
From: John Williams
Director of Recre rfin
h1E.M0RANDUM
Subject: City Attorney's Report Re Washington Park Tennis Court "Bumps"
Recommendation. I recommend to the Commission that no further action be taken in
this matter.
Background. The City Attorney has provided you with a report regarding the
Washington Park Tennis Court "bumps" issue. In his memo he indicates that he WILL
NOT recommend that the City Council take any further action concerning the "bumps".
Discussion. Although I am concerned that this matter was not pursued and settled
some time ago, I share the City Attorney's opinion that the time has probably passed to
seriously pursue the issue. It does not appear prudent at this time to invest the money
and staff time that would be necessary to recover what might be a small return to the
City and our tennis players.
will continue to monitor the courts and arrange for "grind and patch" repairs, as
necessary. At some point in the future we should do a patch and color coat project to
return the courts to first class condition; to eliminate the patches visually; and to
preserve the courts for a few more years.
JWW:pa
cc: City Attorney
City Manager
CONFIDENTIAL
CITY OF BURLINGAME
TO: Park and RecVat' n Commission DATE: October 3, 1994
FROM: City Attorne
SUBJECT: Washington Park Tennis Courts
i
John Williams recently wrote you a memorandum outlining the history
of the Washington Park Tennis Court "bumps." He and I later met
with Commissioners Roberts and Kelly to discuss our next steps.
Following that discussion I reviewed the construction file and
talked to several persons about the bumps and their possible cause.
While we had discussed filing a lawsuit against the contractor, for
the reasons discussed below i �,<auld not recommend such action to
the Council.
Our outside consultant on the project was Terry Chiccino of Testing
Engineers. Jim Kelly of Public Works had worked with him when the
first group of bumps was repaired in 1992, and he recalls that at
that time they had no explanation for them. Mr. Chiccino did
comment that asphalt tennis courts present two problems: first, the
surface does not receive the repeated heavy tamping that a road
gets from vehicles, so that soft spots or other potentially problem
areas do not get "worked out"; and second, the top layer we put on
the courts to get a smooth and flexible finish often does :not allow
the underlying material to lose gases or moisture. Also, I had
heard that Stanford had a similar problem and called them. They
told me they had fixed some bumps in 1990 and had only one problem
since.
I talked to Steven Kikuchi who designed the project for us. He
told me he had no other similar incident, but did refer me to John
Saviono, a contractor who is apparently considered an expert in
tennis court surfaces. I talked to John at length about the bump
problem. He stated that he had seen similar problems a number of
times, both on courts he had constructed and those done by others.
Sometimes the bump appeared as long as eight years after the work
was done. His experience is that it is very difficult and
generally impossible to determine the cause of the bumps.
I again reviewed the chronology of events as set forth by John's
memo. The work was completed in late 1990, and in April of 1992
the contractor repaired five bumps, but with no admission of fault.
In December of 1992.three bumps had reappeared, along with two new
ones. The Recreation Director wrote the contractor but did not ask
them to repair those bumps. It is unclear if or how the bumps were
repaired, but I assume that at some time they were repaired by
Public Works. The issue apparently did not arise again until April
1994, when 12 bumps and three chips were identified. Those were
repaired by Public Works after we did not hear from the contractor.
The contractor has recently contacted me. I had been unhappy
because I believed our letters were being ignored, but apparently
he had tried to call me this summer. In any event, they disclaim
any responsibility for the problem, stating they repaired the bumps
in 1992 as a courtesy. They also informed me that the
subcontractor, Mallott & Peterson -Grundy has gone bankrupt.
Based on all of the above, I do not believe a lawsuit would be
successful or prudent for several reasons. It would be difficult
at best to prove our case and the costs of preparing for such a
suit far exceed our future expenditures to remedy the problem.
While we are within any statute of limitations, we have had several
delays or gaps in contacting the contractor or demanding repairs.
Bumps seem to happen from time to time in tennis court paving jobs,
and no one seems to have an explanation. Any further technical
analysis would involve hiring an expert, assumedly at a cost of
several thousand dollars, when it is quite possible that there is
no clear answer. In contrast, our expenditure to repair the bumps
has been less that $500 in city time and materials.
If the
Commission
would like to
discuss
this with me further, you
should
schedule
a
closed
session
at one
of your meetings.
cc: Recreation Director
850 Burlingame Avenue
Buriingame. California 94010
Phone 344.6386
January 12, 1995
TO: Park & Recreation Commission
FROM: John Williams, Recreation Director
SUBJECT: Status of 1995 Field Use/Scheduling ues
M E M O R A N D U M
Staff is attempting to be proactive this year in working with the various youth sports groups to
assure that things go smoothly for the users, neighbors and City staff. I have attended Board
meetings for both the Burlingame Youth Baseball Association and the Girls Softball League. I
have met with the CYSA Soccer leadership and am looking forward to meeting with AYSO in the
near future.
Recreation Supervisor Mike Ciardella has remained in constant contact with all of the user groups
and has scheduled a meeting with BYBA and Girls Softball at the end of this month to fine tune
the spring schedule.
I have received assurances from Girls Softball that all of the procedures that were approved for
last year's season are acceptable for 1995 and will be enforced with their participants. The Girls
League will be using some field space in Millbrae this spring and that should assist them in
reducing or eliminating Sunday play at Ray Park. I formally reported to neighbor Paul Wetzel
with a list of agreed -upon procedures (attached) and, after Paul shared that with the other Ray
Park neighbors, he called me back to say that the neighbors were pleased and satisfied with the
1995 arrangements.
Mike Ciardella and I believe that the addition of the Franklin School field complex will relieve the
field crunch somewhat. However, the fact of the matter remains, we have more users than we
have field space. I am impressed with the juggling act that Mike does to accommodate as many
folks as possible. We are continuing the policy of NOT accepting field reservations for adult
groups. Adult user groups are restricted to space available on a drop -in basis.
It does not appear that it will be necessary to ask youth groups to come to a Commission meeting
to discuss field use unless your Commission wants to discuss some type of changes in the way
staff is approaching this matter.
attachment: Letter to Paul Wetzel
Purlingame �Rerrrtttiun cOrpartment
850 BURLINGAME AVENUE
January 6, 1995 BURLINGAME. CALIFORNIA 94010-2858
1419 344-63tl6
Paul Wetzel
1544 Balboa
Burlingame, CA 94010
Dear Paul:
Thank you for bringing the Ray Park -Girls Softball questions to me last Fall. I have had extensive
discussions with representatives of the Burlingame Girls Softball League on the issues and last
evening I attended the League Board of Directors Meeting to make sure that 1 was on the same
page with the Board. I believe that we are all in agreement with the ground rules established last
year and, unless you have some new concerns since we last talked, I do not think that we need to
call a special meeting to go over the issues again.
The Board of Directors has agreed to all of the following conditions for 1995:
1. No Hit-a-Thon fund raiser at Ray Park
2. No Opening Day ceremonies at Ray Park
3. No Billie Sue Tournament at Ray Park
4. No Sunday afternoon games at Ray Park at all unless required by rain -outs or other
unforeseen events
5. The Board and City staff will monitor park use and adherence to the rules spelled -out on
the attached flier that goes to all league participants
I would appreciate it if you could circulate this letter to any of your neighbors who were disturbed
about field problems in the pact. If you or your neighbors have any concerns with any of the
conditions listed (or not listed) above, please contact me as soon as possible.
Thanks for your patience. I am confident that 1995 will be a good year for both the league and
the park neighbors.
Sincerely,
Johjt jNI ./Williams
Di • for of Recreation
enclosure: 1994 Notice to Parents
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URGENT NOTICE
ur league has been privledged to use Ray Park and f
our neighbors in that community deserve our respect and
special consideration. Please adhere to the following rules:
• Never park in front of or block a driveway or fire hydrant. This is
not only common courtesy but the law.
• No alcoholic beverages are allowed at Ray Park, or at any of the
other fields, at any time.
• Do not double park, stop to talk or pick-up your child on Balboa
Street. We do not want to block the flow of traffic on this street
and it is also very dangerous with children darting in and out
from behind cars.
• Put all trash and litter in the trash cans located throughout the
park and- concession area.
=: _ • Your careful respect of our neighbors gardens, lawns, personal
property and privacy are essential.
i
-a Thank you for your support and cooperation,
Burlingame Girls Softball Board of Directors
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T..
November 12, 1994
Park and Recreation Commissioners
Dear Commissioners:
I would like to acknowledge a member of your city staff,
Recreation Director, John Williams, who spent an
evening at the beginning of this years C.Y.S.A. soccer
season to meet with our soccer club coaches. We appreciate
having someone listen to our concerns regarding Bayside
Park and taking some tangible actions.
To summarize the results of the meeting:
1. We wanted to see if we could get the trees trimmed that
were interferring with the park lights that were utilized
at night. Within two weeks the trees were trimmed and the
lighting inproved 100%
2. We also wanted to see if the operation of the existing park
lights could be improved. Problems existed with the switch that
operated the lights. Within the next several days the lights
were fixed. Mr. Williams also had a suggestion that he
implemented which eliminated a safety problem and improved
overall operational proceedures.
Al l of our -C. Y. S .A —.soccer coaches want -to Zet you know -thiat - -- -
we all appreciate Mr. Williams quick response to our concerns.
As you know, our club presently only utilizes Bayside Park
for practices. This year we have added new teams to our
club. Because of the immediate action to our concerns, our
teams have enjoyed a successful and safe season.
cere� o
Don Plana
Burlingame C.Y.S.A.
Girls Socc@r Coordinator
BURLINGAME RECREATION DEPARTMENT
Collection Report
January
'94-95
'93-94
'92-93
COLL. YTD
COLL. YTD
COLL. YTD
January'95
(7 MONTHS)
(7 MONTHS)
(7 MONTHS)
1
Pre-school ..............
$3,209.00
$41,522.90
$41,334.68
$36,392.01
2
Packages ...............
361.00
18,262.73
17,584.35
12,225.31
3
Trips ...................
0.00
6,674.20
3,326.00
3,368.06
4
Advertising .............
1,111.00
1,996.00
556.00
1,085.00
5
Domestic Arts ...........
1,458.50
3,213.12
4,741.00
2,405.00
6
Special Interest Classes.....
22,377.01
50,803.78
44,716.58
43,439.60
7
Singles .................
13.00
765.00
946.00
1,732.00
8
Art -in -Park ..............
0.00
1.59
0.36
20.64
9
Childrens Art .............
2,287.50
8,855.50
12,409.05
11,369.01
10
Adult Arts/Crafts..........
11,932.50
30,615.44
35,149.95
32,198.00
11
Office Supplies............
5.00
30.65
370.75
401.82
12
Tennis Court Rentals .......
0.00
1,145.00
2,462.00
3,493.00
13
Music ..................
3,833.00
7,705.50
7,049.31
5,660.00
14
Theatrics ...............
0.00
82.00
220.00
201.00
15
Dance (Ballet, Ballroom)....
4,225.00
11,312.04
12,309.55
10,177.50
16
Tennis Lights ............
134.00
1,471.00
2,019.85
2,067.00
17
Elementary School Sports ..
128.00
13,072.50
10,321.00
9,117.75
18
Junior Sports .............
4,261.00
18,389.00
16,049.50
14,521.00
19
Physical Fitness..........
13,991.50
34,093.17
34,366.88
33,099.77
20
Tickets/Gymnastics.......
37.00
845.45
1,867.05
2,784.00
21
Golf ....................
1,530.00
3,246.94
3,392.24
6,765.75
22
Sports, Misc.............
3,195.00
23,737.09
16,120.50
12,696.80
23
Martial Arts ..............
2,363.00
5,306.62
5,715.00
3,977.00
24
Building Rental...........
1,762.00
10,169.50
9,183.50
12,962.80
25
Tennis ..................
3,794.00
15,489.63
16,189.00
17,045.25
26
Vending ................
135.92
2,567.46
2,804.39
2,969.13
27
Materials Sold............
1,745.11
11,104.46
11,881.39
12,200.83
28
Field Lights ..............
548.00
992.00
624.50
151.25
29
Field Permits .............
140.00
2,190.00
2,356.00
2,282.50
30
Softball .................
0.00
42,175.00
38,976.85
35,654.50
31
Basketball ...............
0.00
3,605.00
3,917.00
4,937.00
32
Volleyball/Sailing .........
3,929.50
8,923.00
6,747.00
6,082.80
33
Park Permits .............
0.00
675.00
405.00
781.00
34
Art Sales ................
0.00
793.78
968.55
887.40
35
Swimming ...............
0.00
8,670.49
8,605.10
9,500.88
36
Senior Nutrition Program ...
1,083.30
7,891.26
7,998.68
6,916.91
37
School District ...........
0.00
2,325.00
0.00
825.00
Totals
$89,589.84
$400,718.80
$383,684.56
$362,394.27
Less Refunds
908.00
11,261.25
10,079.35
10,556.75
Net
$88,681.84
$389,457.55
$373,605.21
$351,837.52