body,date,page,text,path
RecreationandParkCommission,2018-02-08,1,"apd
ALAMEDA RECREATION AND PARK COMMISSION
MINUTES FOR REGULAR MEETING
DATE:
Thursday, February 8, 2018
TIME:
7:00 p.m. Called to Order
PLACE:
City Hall Council Chambers
A video recording of the meeting may be viewed at https:llalameda.legistar.com/Calendar.aspx
The following are action minutes in keeping with the Sunshine Ordinance 2-91.17.
ROLL CALL
Present: Chair Limoges, Vice Chair Tilos, Commissioners Delaney and Carter.
Absent: Commissioner Chen
Excused: Commissioner Delaney excused himself at 9:00 p.m.
Staff: Amy Wooldridge, Recreation and Park Director
APPROVAL OF MINUTES
Minutes of December 14, 2017 Regular Meeting were approved as presented with the addendum
requested by Commissioner Carter.
M/S Commissioner Carter / Vice Chair Tilos
3 in favor. One abstention: Commissioner Delaney was not present at the December 14, 2017 meeting.
WRITTEN COMMUNICATIONS
Recreation and Park Director Amy Wooldridge presented two memos from the City Attorney's
Office regarding Conflict of Interest. Assistant City Attorney Michael Roush was present to clarify
the information in respect to the law and the Fair Political Practices Commission and answer
questions from the Commissioners. Attachment # 1- Memos to RecPark Commission re:
Conflicts
ORAL COMMUNICATIONS
Speaker Jon Pecson of the Alameda Soccer Club gave an update on the finished Futsal Courts
at Alameda Point which is open to the public. There is a Grand Opening this Sunday from 10:00
am to 4:00 pm, which is sponsored by the San Jose Earthquakes and U.S Soccer Foundation.
The Commissioners all gave praise to Mr. Pecson for a job well done.
Chair Limoges acknowledged the passing of a valued Board Member George Tarr and said he
was a true hero and gave condolences to his wife Mary.
REPORTS FROM THE RECREATION AND PARK DIRECTOR - AMY WOOLDRIDGE
Attachment #2 - Director's Report
UNFINSHED BUSINESS
4-A
Discussion on Recreation and Parks Commission By-Laws
Commissioner Carter gave a presentation on the By-Laws. A subcommittee consisting of
Commissioner Carter and Chair Limoges, are reviewing the By-Laws with the goal to align
the By-Laws with the Municipal code. ARPD Director Amy Wooldridge and Assistant City
Attorney Michael Roush clarified information and answered questions.
1",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,2,"NEW BUSINESS
5-A
Approve the City of Alameda Transportation Plan for Seniors and People with
Disabilities for Fiscal Year 2018/2019
Speaker Arnold Brullinger said the shuttle is the best kept secret in Alameda as it is efficient and free.
He encouraged more people to ride it.
Victoria Williams, Paratransit Coordinator, Mastick Senior Center gave the presentation
assisted by Jackie Krause, Recreation Manager in answering questions from the
Commissioners.
Included service overview, recommended program, budget and planning process
overview.
Commissioners gave ideas and comments for ways to increase usage.
Commissioner Tilos: Let one bus do the loop and the other bus for direct pick up
service to destinations which would increase ridership.
Chair Limoges: Put ads in Alameda Theatre and build an app.
Commissioner Carter: Pass out information at the Senior Pickleball groups at
Lincoln Park.
Motion made to Approve the City of Alameda Transportation Plan for Seniors and People with
Disabilities for Fiscal Year 2018/2019 as presented with the comments made by the Commission.
M/S Vice Chair Tilos / Commissioner Carter
All present in favor with 3-0 vote.
5-B
Staff Presentation on Repairing Alameda's Aging Infrastructure and Related Survey
Amy Wooldridge, Recreation and Park Director gave a presentation about the
Community and the City's aging infrastructure needs.
REPORTS
6-A RECREATION COMMISSION REPORTS
Chair Limoges and Vice Chair Tilos went to Estuary Park's Grand Opening. Chair Limoges also
attended the Athletic Facility Allocation Policy meeting. Commissioner Carter reported that the Alameda
Vipers successfully donated tickets for the Cal women's basketball game. There were 200 Alameda
girls and 140 parents. Chair Tilos suggested they invite boys next time also.
6-B
FRIENDS OF THE PARK REPORT - No report.
ITEMS FOR NEXT AGENDA: By-laws update under Unfinished Business.
SET NEXT MEETING DATE: Thursday, March 8, 2018
ADJOURNMENT: Chair Limoges made a motion to adjourn the meeting.
All present in favor with a 3 - 0 vote.
Chair Limoges adjourned the meeting at 9:30 p.m.
2",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,3,"Exhibit 1
City of Alameda
DATE:
January 24, 2018
TO:
Chair and Members of the Recreation and Park Commission
FROM:
Janet C. Kern, City Attornely Ock
RE:
Conflicts of Interest
When you were appointed to the Recreation and Park Commission, you filed with the
City Clerk a form prepared by the Fair Political Practices Commission (Form 700)
stemming from the Political Reform Act of 1974 (Government Code, section 81000 and
following) addressing financial conflicts of interest. That law requires public officials
(which under the City's Conflict of Interest Code includes persons appointed to the
Recreation and Park Commission) to disqualify themselves from participating in
governmental decisions in which they know, or should know, that such decisions will
have a material financial effect on the official's economic interests, such sources of
income, real property interests or business entity interests.
Other state statutes prohibit a city official or employee from having a financial interest in
contracts by the official/employee or by any board or body of which the official is a
member. See Government Code, Section 1090.
But in addition to these statutes, there is a common law doctrine against conflicts of
interest which doctrine is applied to require public officials from participating in decisions
where the official's private interests may conflict with his or her official duties. That is,
by holding public office, a public official is impliedly bound to exercise the powers
bestowed by the office with disinterested skill, zeal and diligence for the benefit of the
public. Such official bears a fiduciary duty to the public not to use the powers of the
office for the benefit of private interests.
A person who serves on a board of directors of an organization, as contrasted with a
person who simply is a member of such organization, likewise owes that organization a
duty of loyalty to act with skill, zeal and diligence for the benefit of the organization.
Accordingly, there is a common law conflict of interest where matters concerning an
organization of which the public official is on the board of directors comes before the
public official's committee or commission. Under those circumstances, the member
1",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,4,"must avoid the conflict by not participating in any decision concerning the organization
nor attempting to influence the action.
If any member of the Commission has questions or concerns about this memo, please
let me know.
C
Mayor and Council
Jill Keimach, City Manager
Liz Warmerdam, Assistant City Manager
Amy Wooldridge, Director of Recreation and Parks
1
2",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,5,"City of Alameda
DATE:
February 1, , 2018
TO:
Chair and Members of the Recreation and Park Commission
FROM:
Michael Roush, Assistant City Attorney
RE:
Common Law Conflicts of Interest
Background
Last week the City Attorney's Office sent out a memorandum to the Recreation and
Park Commission, with a copy to others, concerning common law conflicts of interest.
That memo advised that a Commissioner has a disqualifying conflict if the
Commissioner serves on the board of directors of an organization that would be
materially affected by a decision that the Commission makes. Such conflict arises
because a Commissioner has the the duty to act zealously on behalf of the City and, at
the same time, has a fiduciary duty to act zealously on behalf of the organization.
The memo also advised that under those circumstances the Commissioner must not
participate in any aspect of the Commission's decision making process. We have been
asked to explain in more detail what that means. For purposes of an explanation, we
will make reference to the Political Reform Act of 1974 (Government Code, sections
87100 et seq.) and the regulations adopted by the Fair Political Practices Commission
to implement the Act. See 2 Code of California Regulations [CCR] 18700 et seq.
(concerning conflicts of interest).
That Act and those Regulations-to which Recreation and Park Commissioners are
subject-prohibit a Commissioner, as a public official, from participating in
governmental decisions in which the decision will have a material economic effect on
the Commissioner. Here, the common law conflict of interest does not arise out of
governmental decisions that affect a Commissioner's economic interests but arises out
of the conflicting duties that a Commissioner has when serving on the board of directors
of an organization where it is reasonably foreseeable that a decision of the Commission
will have a material effect on an organization itself. Although the conflict is not an
economic one, it is a conflict of duties which the common law recognizes as giving rise
to a disqualification.
1",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,6,"Discussion
Under the Act, a public official is prohibited from making, participating in making or
using or attempting to use the official's position to influence a governmental decision
where the decision will have a material economic effect on the official. A public official
makes a decision if the public official votes on the matter. A public official participates in
the making of a governmental decision if the public official provides a recommendation
for the purpose of affecting the decision without significant intervening substantive
review. A public official uses his or her official position to influence a governmental
decision if he or she contacts or appears before any official in his or her agency for the
purpose of affecting the decision. See 2 CCR Section 18704 (a), (b) (c).
Where such conflict exists and recusal is required, the public official must announce the
conflict and leave the room. 2 CCR Section 18707 (a)(1 (C).
Similarly, where a Commissioner sits on the board of directors of an organization where
it is reasonably foreseeable that a decision of the Commission will have a material effect
on the organization, the Commissioner is prohibited from making, participating in
making or using his or her position to influence a Commission decision. That prohibition
includes not voting on the decision, not contacting other Commissioners, not appearing
before the Commission and otherwise not attempting to influence a Commission
decision. This means a Commissioner must not only recuse him/herself when the
matter comes before the Commission but also that the Commissioner may not address
the Commission on the matter nor participate, for example, at meetings with staff and
user groups where the policies or programs that materially affect the organization are
discussed.
We have been asked whether there are any exceptions to this broad prohibition, similar
to exceptions under the Political Reform Act. Those exceptions apply when a public
official's personal interests are affected. For example, a public official may appear as a
member of the general public before the official's agency if the official is appearing on
matters such as real property owned by official or members of the official's immediate
family or a business entity owned entirely by the public official or members of the
official's immediate family. 2 CCR Section 18707 (a) )((3)(C) and Section 18704 (d)(2).
The exceptions do not seem analogous or applicable to the non-economic conflict of
interest at issue here.
Conclusion
We recognize that at first this may seem a harsh result as it is likely that individuals may
be appointed to the Commission by the Council because they have knowledge and
expertise about the City's recreation programs and policies and can use that knowledge
and experience to the benefit of the community. But because of the individual's
fiduciary duty to the organization by virtue of being on the board of directors, it creates a
conflict with the individual's duty as a public official. Moreover, organizations affected
2",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,7,"by the decision are not left without a voice; other representatives of the organization
may participate fully in the decision making process.
Please let us know if you have any follow up questions concerning this memorandum.
We are glad to meet with any of you on this or any other Commission related business.
CC: Mayor and Members of the City Council
Janet C. Kern, City Attorney
Jill Keimach, City Manager
Liz Warmerdam, Assistant City Manager
Amy Wooldridge, Director or Recreation and Parks
3",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,8,"Exhibit 2
ARPD Director's Report
02/08/18
Mastick Senior Center
Multi-media art exhibit with an artists' reception on Wednesday, February 14, at 10:30 am.
Mastick artists will be exhibiting artwork created in Mastick Senior Center classes (beading
jewelry, ceramics, creative writing, drawing and painting, quilting, stained glass, and more).
A group of 32 active Mastick members wrote their memoirs in a collection titled, The World
Comes to Alameda. A book signing is on Sunday, March 4, 2:00 pm - 4:00 pm, Alameda
Main Library Stafford Room (1550 Oak Street).
Free tax preparation services now happening, thanks to AARPD Tax Assistance Program
volunteers. Low and middle income individuals, especially those 60 and older can schedule
an appointment by calling Mastick at 747-7501 or visiting.
Parks Maintenance
Now piloting a program to go all-electric with maintenance equipment. ARPD office landscape
maintenance is now done with an electric mower, weed eater, blower and hedge trimmer. It's
better for the environment, saves costs and increases staff safety by reducing the need to
handle gas.
Installed theft proof covers at Washington Park Tennis Courts and Shoreline Park to prevent
theft of electrical wires.
Installing Littlejohn playground soon, within next 1-2 months.
Recreation Services
Recruiting now for summer staff. Staff attended two job fairs; at Cal State East Bay and
College of Alameda.
Projects
Sweeney Park
Cross Alameda Trail is complete in next two weeks.
Now putting in utilities in for Phase A, the 8-acres being constructed on east side off
Sherman Street.
Entire park will open once all construction is complete, for safety reasons. Anticipated to
be Sept/Oct 2018.
Working with Sweeney Park Fund, to do a volunteer seeding event with wildflowers soon.
Estuary Park
Now open and being used by kids! Receiving very positive feedback on the fields.",RecreationandParkCommission/2018-02-08.pdf
RecreationandParkCommission,2018-02-08,9,"Krusi Park Recreation Center
Going out to bid for construction next week and anticipate going to Council in May with
construction starting in May and completing in September/October 2018.
Playground Replacement Program
Bayport Park is the next up for playground replacement. Staff is gathering information
and will host a community meeting this spring.
Corica Park
A proposed lease amendment is going to City Council on Feb. 20. The Golf Commission
is discussing the terms at a special meeting on Feb. 15. This amendment extends the
length of the term and requires full renovation of the North Course plus improvements of
the Clubhouse, restrooms and outdoor patio.
Jim's on the Course Event Center is going to plan check.
Upcoming Events
Candyland Father Daughter Dance, in collaboration with Girls Inc., is Friday, Feb. 9th at
the O' Club. A sold out event with 170 couples.
Alameda Soccer Club Futsal Court Grand Opening this Sun, February 11 at 10:00am. It's
the San Jose Earthquakes jersey unveiling.",RecreationandParkCommission/2018-02-08.pdf