{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 1, "text": "apd\nALAMEDA RECREATION AND PARK COMMISSION\nMINUTES FOR REGULAR MEETING\nDATE:\nThursday, February 8, 2018\nTIME:\n7:00 p.m. Called to Order\nPLACE:\nCity Hall Council Chambers\nA video recording of the meeting may be viewed at https:llalameda.legistar.com/Calendar.aspx\nThe following are action minutes in keeping with the Sunshine Ordinance 2-91.17.\nROLL CALL\nPresent: Chair Limoges, Vice Chair Tilos, Commissioners Delaney and Carter.\nAbsent: Commissioner Chen\nExcused: Commissioner Delaney excused himself at 9:00 p.m.\nStaff: Amy Wooldridge, Recreation and Park Director\nAPPROVAL OF MINUTES\nMinutes of December 14, 2017 Regular Meeting were approved as presented with the addendum\nrequested by Commissioner Carter.\nM/S Commissioner Carter / Vice Chair Tilos\n3 in favor. One abstention: Commissioner Delaney was not present at the December 14, 2017 meeting.\nWRITTEN COMMUNICATIONS\nRecreation and Park Director Amy Wooldridge presented two memos from the City Attorney's\nOffice regarding Conflict of Interest. Assistant City Attorney Michael Roush was present to clarify\nthe information in respect to the law and the Fair Political Practices Commission and answer\nquestions from the Commissioners. Attachment # 1- Memos to RecPark Commission re:\nConflicts\nORAL COMMUNICATIONS\nSpeaker Jon Pecson of the Alameda Soccer Club gave an update on the finished Futsal Courts\nat Alameda Point which is open to the public. There is a Grand Opening this Sunday from 10:00\nam to 4:00 pm, which is sponsored by the San Jose Earthquakes and U.S Soccer Foundation.\nThe Commissioners all gave praise to Mr. Pecson for a job well done.\nChair Limoges acknowledged the passing of a valued Board Member George Tarr and said he\nwas a true hero and gave condolences to his wife Mary.\nREPORTS FROM THE RECREATION AND PARK DIRECTOR - AMY WOOLDRIDGE\nAttachment #2 - Director's Report\nUNFINSHED BUSINESS\n4-A\nDiscussion on Recreation and Parks Commission By-Laws\nCommissioner Carter gave a presentation on the By-Laws. A subcommittee consisting of\nCommissioner Carter and Chair Limoges, are reviewing the By-Laws with the goal to align\nthe By-Laws with the Municipal code. ARPD Director Amy Wooldridge and Assistant City\nAttorney Michael Roush clarified information and answered questions.\n1", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 2, "text": "NEW BUSINESS\n5-A\nApprove the City of Alameda Transportation Plan for Seniors and People with\nDisabilities for Fiscal Year 2018/2019\nSpeaker Arnold Brullinger said the shuttle is the best kept secret in Alameda as it is efficient and free.\nHe encouraged more people to ride it.\nVictoria Williams, Paratransit Coordinator, Mastick Senior Center gave the presentation\nassisted by Jackie Krause, Recreation Manager in answering questions from the\nCommissioners.\nIncluded service overview, recommended program, budget and planning process\noverview.\nCommissioners gave ideas and comments for ways to increase usage.\nCommissioner Tilos: Let one bus do the loop and the other bus for direct pick up\nservice to destinations which would increase ridership.\nChair Limoges: Put ads in Alameda Theatre and build an app.\nCommissioner Carter: Pass out information at the Senior Pickleball groups at\nLincoln Park.\nMotion made to Approve the City of Alameda Transportation Plan for Seniors and People with\nDisabilities for Fiscal Year 2018/2019 as presented with the comments made by the Commission.\nM/S Vice Chair Tilos / Commissioner Carter\nAll present in favor with 3-0 vote.\n5-B\nStaff Presentation on Repairing Alameda's Aging Infrastructure and Related Survey\nAmy Wooldridge, Recreation and Park Director gave a presentation about the\nCommunity and the City's aging infrastructure needs.\nREPORTS\n6-A RECREATION COMMISSION REPORTS\nChair Limoges and Vice Chair Tilos went to Estuary Park's Grand Opening. Chair Limoges also\nattended the Athletic Facility Allocation Policy meeting. Commissioner Carter reported that the Alameda\nVipers successfully donated tickets for the Cal women's basketball game. There were 200 Alameda\ngirls and 140 parents. Chair Tilos suggested they invite boys next time also.\n6-B\nFRIENDS OF THE PARK REPORT - No report.\nITEMS FOR NEXT AGENDA: By-laws update under Unfinished Business.\nSET NEXT MEETING DATE: Thursday, March 8, 2018\nADJOURNMENT: Chair Limoges made a motion to adjourn the meeting.\nAll present in favor with a 3 - 0 vote.\nChair Limoges adjourned the meeting at 9:30 p.m.\n2", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 3, "text": "Exhibit 1\nCity of Alameda\nDATE:\nJanuary 24, 2018\nTO:\nChair and Members of the Recreation and Park Commission\nFROM:\nJanet C. Kern, City Attornely Ock\nRE:\nConflicts of Interest\nWhen you were appointed to the Recreation and Park Commission, you filed with the\nCity Clerk a form prepared by the Fair Political Practices Commission (Form 700)\nstemming from the Political Reform Act of 1974 (Government Code, section 81000 and\nfollowing) addressing financial conflicts of interest. That law requires public officials\n(which under the City's Conflict of Interest Code includes persons appointed to the\nRecreation and Park Commission) to disqualify themselves from participating in\ngovernmental decisions in which they know, or should know, that such decisions will\nhave a material financial effect on the official's economic interests, such sources of\nincome, real property interests or business entity interests.\nOther state statutes prohibit a city official or employee from having a financial interest in\ncontracts by the official/employee or by any board or body of which the official is a\nmember. See Government Code, Section 1090.\nBut in addition to these statutes, there is a common law doctrine against conflicts of\ninterest which doctrine is applied to require public officials from participating in decisions\nwhere the official's private interests may conflict with his or her official duties. That is,\nby holding public office, a public official is impliedly bound to exercise the powers\nbestowed by the office with disinterested skill, zeal and diligence for the benefit of the\npublic. Such official bears a fiduciary duty to the public not to use the powers of the\noffice for the benefit of private interests.\nA person who serves on a board of directors of an organization, as contrasted with a\nperson who simply is a member of such organization, likewise owes that organization a\nduty of loyalty to act with skill, zeal and diligence for the benefit of the organization.\nAccordingly, there is a common law conflict of interest where matters concerning an\norganization of which the public official is on the board of directors comes before the\npublic official's committee or commission. Under those circumstances, the member\n1", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 4, "text": "must avoid the conflict by not participating in any decision concerning the organization\nnor attempting to influence the action.\nIf any member of the Commission has questions or concerns about this memo, please\nlet me know.\nC\nMayor and Council\nJill Keimach, City Manager\nLiz Warmerdam, Assistant City Manager\nAmy Wooldridge, Director of Recreation and Parks\n1\n2", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 5, "text": "City of Alameda\nDATE:\nFebruary 1, , 2018\nTO:\nChair and Members of the Recreation and Park Commission\nFROM:\nMichael Roush, Assistant City Attorney\nRE:\nCommon Law Conflicts of Interest\nBackground\nLast week the City Attorney's Office sent out a memorandum to the Recreation and\nPark Commission, with a copy to others, concerning common law conflicts of interest.\nThat memo advised that a Commissioner has a disqualifying conflict if the\nCommissioner serves on the board of directors of an organization that would be\nmaterially affected by a decision that the Commission makes. Such conflict arises\nbecause a Commissioner has the the duty to act zealously on behalf of the City and, at\nthe same time, has a fiduciary duty to act zealously on behalf of the organization.\nThe memo also advised that under those circumstances the Commissioner must not\nparticipate in any aspect of the Commission's decision making process. We have been\nasked to explain in more detail what that means. For purposes of an explanation, we\nwill make reference to the Political Reform Act of 1974 (Government Code, sections\n87100 et seq.) and the regulations adopted by the Fair Political Practices Commission\nto implement the Act. See 2 Code of California Regulations [CCR] 18700 et seq.\n(concerning conflicts of interest).\nThat Act and those Regulations-to which Recreation and Park Commissioners are\nsubject-prohibit a Commissioner, as a public official, from participating in\ngovernmental decisions in which the decision will have a material economic effect on\nthe Commissioner. Here, the common law conflict of interest does not arise out of\ngovernmental decisions that affect a Commissioner's economic interests but arises out\nof the conflicting duties that a Commissioner has when serving on the board of directors\nof an organization where it is reasonably foreseeable that a decision of the Commission\nwill have a material effect on an organization itself. Although the conflict is not an\neconomic one, it is a conflict of duties which the common law recognizes as giving rise\nto a disqualification.\n1", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 6, "text": "Discussion\nUnder the Act, a public official is prohibited from making, participating in making or\nusing or attempting to use the official's position to influence a governmental decision\nwhere the decision will have a material economic effect on the official. A public official\nmakes a decision if the public official votes on the matter. A public official participates in\nthe making of a governmental decision if the public official provides a recommendation\nfor the purpose of affecting the decision without significant intervening substantive\nreview. A public official uses his or her official position to influence a governmental\ndecision if he or she contacts or appears before any official in his or her agency for the\npurpose of affecting the decision. See 2 CCR Section 18704 (a), (b) (c).\nWhere such conflict exists and recusal is required, the public official must announce the\nconflict and leave the room. 2 CCR Section 18707 (a)(1 (C).\nSimilarly, where a Commissioner sits on the board of directors of an organization where\nit is reasonably foreseeable that a decision of the Commission will have a material effect\non the organization, the Commissioner is prohibited from making, participating in\nmaking or using his or her position to influence a Commission decision. That prohibition\nincludes not voting on the decision, not contacting other Commissioners, not appearing\nbefore the Commission and otherwise not attempting to influence a Commission\ndecision. This means a Commissioner must not only recuse him/herself when the\nmatter comes before the Commission but also that the Commissioner may not address\nthe Commission on the matter nor participate, for example, at meetings with staff and\nuser groups where the policies or programs that materially affect the organization are\ndiscussed.\nWe have been asked whether there are any exceptions to this broad prohibition, similar\nto exceptions under the Political Reform Act. Those exceptions apply when a public\nofficial's personal interests are affected. For example, a public official may appear as a\nmember of the general public before the official's agency if the official is appearing on\nmatters such as real property owned by official or members of the official's immediate\nfamily or a business entity owned entirely by the public official or members of the\nofficial's immediate family. 2 CCR Section 18707 (a) )((3)(C) and Section 18704 (d)(2).\nThe exceptions do not seem analogous or applicable to the non-economic conflict of\ninterest at issue here.\nConclusion\nWe recognize that at first this may seem a harsh result as it is likely that individuals may\nbe appointed to the Commission by the Council because they have knowledge and\nexpertise about the City's recreation programs and policies and can use that knowledge\nand experience to the benefit of the community. But because of the individual's\nfiduciary duty to the organization by virtue of being on the board of directors, it creates a\nconflict with the individual's duty as a public official. Moreover, organizations affected\n2", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 7, "text": "by the decision are not left without a voice; other representatives of the organization\nmay participate fully in the decision making process.\nPlease let us know if you have any follow up questions concerning this memorandum.\nWe are glad to meet with any of you on this or any other Commission related business.\nCC: Mayor and Members of the City Council\nJanet C. Kern, City Attorney\nJill Keimach, City Manager\nLiz Warmerdam, Assistant City Manager\nAmy Wooldridge, Director or Recreation and Parks\n3", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 8, "text": "Exhibit 2\nARPD Director's Report\n02/08/18\nMastick Senior Center\nMulti-media art exhibit with an artists' reception on Wednesday, February 14, at 10:30 am.\nMastick artists will be exhibiting artwork created in Mastick Senior Center classes (beading\njewelry, ceramics, creative writing, drawing and painting, quilting, stained glass, and more).\nA group of 32 active Mastick members wrote their memoirs in a collection titled, The World\nComes to Alameda. A book signing is on Sunday, March 4, 2:00 pm - 4:00 pm, Alameda\nMain Library Stafford Room (1550 Oak Street).\nFree tax preparation services now happening, thanks to AARPD Tax Assistance Program\nvolunteers. Low and middle income individuals, especially those 60 and older can schedule\nan appointment by calling Mastick at 747-7501 or visiting.\nParks Maintenance\nNow piloting a program to go all-electric with maintenance equipment. ARPD office landscape\nmaintenance is now done with an electric mower, weed eater, blower and hedge trimmer. It's\nbetter for the environment, saves costs and increases staff safety by reducing the need to\nhandle gas.\nInstalled theft proof covers at Washington Park Tennis Courts and Shoreline Park to prevent\ntheft of electrical wires.\nInstalling Littlejohn playground soon, within next 1-2 months.\nRecreation Services\nRecruiting now for summer staff. Staff attended two job fairs; at Cal State East Bay and\nCollege of Alameda.\nProjects\nSweeney Park\nCross Alameda Trail is complete in next two weeks.\nNow putting in utilities in for Phase A, the 8-acres being constructed on east side off\nSherman Street.\nEntire park will open once all construction is complete, for safety reasons. Anticipated to\nbe Sept/Oct 2018.\nWorking with Sweeney Park Fund, to do a volunteer seeding event with wildflowers soon.\nEstuary Park\nNow open and being used by kids! Receiving very positive feedback on the fields.", "path": "RecreationandParkCommission/2018-02-08.pdf"}
{"body": "RecreationandParkCommission", "date": "2018-02-08", "page": 9, "text": "Krusi Park Recreation Center\nGoing out to bid for construction next week and anticipate going to Council in May with\nconstruction starting in May and completing in September/October 2018.\nPlayground Replacement Program\nBayport Park is the next up for playground replacement. Staff is gathering information\nand will host a community meeting this spring.\nCorica Park\nA proposed lease amendment is going to City Council on Feb. 20. The Golf Commission\nis discussing the terms at a special meeting on Feb. 15. This amendment extends the\nlength of the term and requires full renovation of the North Course plus improvements of\nthe Clubhouse, restrooms and outdoor patio.\nJim's on the Course Event Center is going to plan check.\nUpcoming Events\nCandyland Father Daughter Dance, in collaboration with Girls Inc., is Friday, Feb. 9th at\nthe O' Club. A sold out event with 170 couples.\nAlameda Soccer Club Futsal Court Grand Opening this Sun, February 11 at 10:00am. It's\nthe San Jose Earthquakes jersey unveiling.", "path": "RecreationandParkCommission/2018-02-08.pdf"}