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Agenda Packet - PR - 2006.10.19
LIM BURLINGAME PARKS & RECREATION COMMISSION 7:00pm, Thursday, October 19, 2006 Burlingame City Hall, 501 Primrose Road, Burlingame Roll Call Castner-Paine, Comaroto, Dittman, Hesselgren, Larios, Muller, Shanus 2. Approval of Minutes Approve the minutes of the September 21, 2006 regular meeting 3. Public Comments This is the opportunity for members of the public to address the Commission regarding items not otherwise on the agenda. The Ralph M. Brown Act prohibits the Commission from acting on any matter that is not on the agenda. The Chairperson may limit speakers to three minutes each. 4. Old Business A. Senior Resource Handbook B. Capital Improvement Projects C. Art in the Park 5. New Business A. Youth Advisory Committee's 2006-07 Events 6. Reports / Hand -Outs A. Parks & Recreation Department Reports 1. Monthly Report 2. 2004-05 fy Revenue Report 3. Law Principles B. Commissioners 7. Adjournment Next Regular Meetings: Thursday, November 16, 2006 — 7:00 pm, City Hall NOTICE: Any attendees wishing accommodations for disabilities should contact the Parks & Recreation Dept. at (650) 558-7330 at least 24 hours before the meeting. A copy of the agenda packet is available for review at the Recreation Center, 850 Burlingame Avenue, during normal office hours. The agendas and minutes are also available on the City's website: www. burlin a� me. org. Parks & Recreation's Capital Improvement Items Oct 14, 2006 rwc, Washington Park Ballfield Lights (25) Fencing (15) Infield Renov (5) Basketball Courts (35) Resurfacing (7) Grandstands (40) Repainting (5) Irrigation (40) Path Lights (30) Play Structure (15) Fencing (20) Resilient Surface (10) Restrooms (25) Tennis Courts (25) Fencing (15) Resurfacing (5) Tennis Lights (30) Cuernavaca Park Basketball Courts (35) Resurfacing (20) Bleachers (20) Play Structure (15) Resilient Surface (10) Ballfield Fencing (15) Restrooms (25) Laguna Park Play Structure (15) Resilient Surface (10) Fencing (20) Tennis Courts (25) Resurfacing (5) Fencing (15) Bayside Park Field #1 Lights (25) Fencing (15) Bleachers (40) Field #2 Lights (25) Fencing (15) Bleachers (30) Field #3 Lights (25) Fencing (15) Bleachers (30) Field #4 Fencing (15) Synthetic Turf (10) Drainage (40) Scorer's Booth (40) Path Lights (30) RestroomlSnack Shack (25) Pershing Park Basketball Courts (40) Fencing (15) Resurfacing (10) Play Structure (15) Resilient Surface (10) Ray Park Basketball Courts (35) Resurfacing (10) Fencing (15) Bleachers (20) Fencing (15) Path Lights (30) Play Structure (15) Resilient Surface (10) Restrooms (25) Tennis Courts (25) Resurfacing (5) Alpine Playground Paloma Playground N Play Structure (15) Play Structure (15) Q Fencing (20) Fencing (20) J Lot Playground Trenton Playground Play Structure (15) Play Structure (15) Resilient Surface (10) Resilient Surface (10) Fencing (20) Fencing (20) Murray Field Ballfield Lights (25) Fencing (15) Bleachers (20) Path Lights (30) Play Structure (15) Resilient Surface (10) Golf Center Ballfield Lights (25) Path Lights (30) Teaching Station (40) Dog Park Path Lights (30) Fencing (15) Victoria Park Basketball Courts (35) Resurfacing (10) Fencing (15) Path Lights (30) Play Structure (15) Resilient Surface (10) Village Park Basketball Courts (35) Resurfacing (7) Fencing (15) Cottage (Building) (50) Path Lights (30) Play Structure (15) Resilient Surface (10) Restrooms (25) Community Center WAquatic Center W Golf Center Z Depot Eucalyptus Management (1) Special Landscape (1) O Tree Replacement Fund (1) Mills Canvon Long -Term CIP 2010 614,4469 2017 574,664 2024 337,845 2031 476,017 Plan Funding 2011 265,710 2018 160,405 2025 2,030,663 2032 11,534,828 Levels -- 6/3/06 2012 2013 277,444 316,296 2019 2020 692,586 551,251 2026 2027 506,899 590,151 2033 2034 385,408 1,551,304 2006 295,000 2007 890,000 2014 444,913 2021 224,864 2028 1,016,354 2035 527,433 2008 810,000 2015 350,857 2022 727,771 2029 1,044,889 2036 537,025 2009 284,306 1 2016 474,384 1 2023 749,502 2030 1,184,975 1 2037 1,130,028 >Life I mant Approx. 2 1 2006 1 2007... 2008 1 2009 1`.2010 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 i1 2019 1 2020 1 2on 25-H `.2023 3024 - 2026 1 2027 1 2028 1 2029 1 2030 ' <:.2031 1'`2 53 54 35 56 57 58 59 60 61 62 63 64 65 66 67 68 Ray Park �_�® 'III _®_______®_________®____■ ��_® :III _________®________________■ Victoria Park 69 Basketball Couna 35 1997 50,000 70 Resurfacing 10 1997 6,700 71 Fencing 15 25.00f., 72 Path Lights 30 0 10.000 73 piay Structure I-S 1997 706,723 Vlllane Park 74 75 76 77 78 79 so TOT LOTS Alpine PI al Pley s2 J Lot Pl. 83 PE p Poioma 1 as play 86 Trenton I 87 88 OTHE 89 90 91 92 93 94 95 2 Euc Tree Mgmnt(annuel) 50.000 55.000 55,000 56,650 58,350 60,100 61,903 63,760 65,673 67,643 69,672 71,763 71915 76,133 78,417 60,769 83,192 85,688 88,259 90,907 93,634 96,443 99,336 102,316 105,386 108,547 71 Lmdacape/Park Pathway kW- (mnual) 50.000 55,000 55,000 56,650 58,350 60,100 61,903 63,760 65,673 67,643 69.672 71,763 73,915 76,133 78,417 80,769 83.192 85,688 M259 90,907 93.634 96,443 99.336 102,316 105.386 108,547 11 Rec Ch Parking Lights (30 years) 15.000 Lower Beyside Synthetic (new) 400,000 600,000 150,000 21 Tree Replacement Fund (annual - new m %) 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6334 6,524 6,720 6,921 7,129 7.343 7.56-1 7,790 8;024 8,264 8,512 8,768 9,037 9,301 9,581 9.. Irrigation 50,000 55,000 60,500 66,550 73,205 80.526 88,578 97,436 107,179 Resilient Surface 140,000 1 100,000 50,000 60,000 72,000 86,400 10. 295,000 890,000 870.000 284,306 614,469 265,710 277,444 316,296 1 444,913 350,857 474,384 574,664 160,405 692,586 551,251 224,864 727,771 749,502 337,845 00##N# 506,899 590,151 ####### Notes: Above list does not include i pvmmerds to: Aquatic Canter, Golf Center, Depot (m®tmmnce for these mo currently under contract to another entity) or Mills Cnryon (natural habitat wl weed abatement through Centel County Fee) Some items are not included to this fist because (1) they aro conaidmed mamtename items: (2) price does not warrant inclusion - ex. picnic tableelbenchas, fish cleaning station; (3) project does not come from parks @ Recreation funds - ex. parka yard resurfacing Some items may exceed than projected life, span din to prevmtahme maintenance efforts. Updated: October 14, 2006 Art in the Park 2007 Planning Meeting 9/26/06 In Attendance - Pacific Fine Arts — Dana Hale Munez, Troy Munez and Lisa Eckle - Parks & Recreation Sub Committee: Kirk Heathcote, Laura Hesselgren and Michael Shanus - Lion Club: Dale Schmidt (342-8005) and Erik Winkler (834-2323) - Trinity Luthern Church: Dorothy Semmler - Parks & Recreation Department: Randy Schwartz, Director; Joleen Butler, Account Clerk Desired Vision and Atmosphere for the Event To produce a high quality, family oriented event that is esthetically pleasing to the attendees. 2006 Event Booth/Artist Information - 2006 had 105 artists; there are 154 potential artist booths available - 2006 had ll sponsors; there are 3 $ levels of sponsorship - 2006 had six service clubs involved in the event - Pacific Fine Arts has a data base of 3,000 artists to draw from Sponsors - Sponsorship for the event has been on the low-key level for the past 12 years. (Schwartz) - First year of more sponsors is an experiment with placement — placement can be changed (Dana Hale Munez) - Sponsors were given booths to provide a more professional look as opposed to letting them create there own setup (Eckles) - Sponsors are necessary to the success of the fair; they underwrite the costs of producing the event. i.e. Musicians, children's entertainment (Eckles) - Local businesses were approached, however, a there was a lack of interest on their part (Eckles) - Sponsors ok, however, limit the number and type, no BARKERS (Hesselgren) - 99% of sponsors want to be ONSITE as opposed to sponsoring a booth in name recognition only. (Eckles) L Food/Beverages - Easy simple aromatic foods keep people at the fair. (Eckles) - Marry the professional food vendors with the non-profit food vendors. (Eckles) - Consider exclusive non-profit vendor for soda sales (Winkler) - Explore having designated beverage areas for wine, beer, soda and water on both ends of the park (Schwartz) Thoushts & Ideas for 2007 AITP Event - Add Kids' Zone — filled with art related activities (Consensus) - Add Kids' Corral — daycare setting (Consensus) - Place church next to kid zone for face painting (Dana Hale-Munez) - Add kids ART zone, kids make halos, charge per kid, kids go from booth to booth (Schwartz) - Need for more foot traffic (Schwartz) - Add booth with inexpensive children's toys for them to purchase, trinkets (Hesselgren) - Place sponsor booths in intermittent areas or all together (Consensus) - Continue sponsorships and discuss options for placement (Consensus) - Continue quality of artists (Consensus) - Add "real" stage for music (Consensus) - Add cooking demonstration & related sponsors, etc (Consensus) - Consider lowering the entry fees for artists (Consensus) - Add vendors with lower cost items related to children, such as wands, halos, etc. (Consensus) - Have two beverage stations for beer/wine, soda, water, etc. (Consensus) - Conduct another meeting with food & beverage vendors (Consensus) € ECAL ISSUES THAT AFFEC i THE FIELD Law Review: Park Pot Hole Bike Fatality treets that aren't maintained could mean more than just a bumpy road —in the case of Phelan v State, 2005 NY Slip Op 25506 (NY 6/29/2005), it actually led to a wrongful death lawsuit. In the case, Nancy Phelan died follow- ing an accident in Thompson Lake State Park. Phelan lost her balance and fell from her bicycle after riding over a depression in the road. At the time of the accident, Phelan was not wearing a helmet; she struck her head on the road and was dead within five minutes. In a wrongful death claim, Phelan's former spouse, claimant Kevin Phelan, alleged that "the death occurred as a result of defendant's negligence in the design, construction, maintenance and repair of the road where the accident happened." Facts of the Case At trial, decedent's I I -year-old son, William, recounted that his family was on a week long camping trip at Thomp- son Lake State Park when his mother died on Aug. 2, 2001. During the mid- afternoon, William and his mother rode ,ikes to the Nature Center within the park. Although they had worn their helmets on other occasions during this camping trip, neither was wearing a helmet at this time. William testified that his mother rode her bicycle over the center of a "pot hole" in the road, and then he saw her handlebars suddenly turn to the right. After the turn, the bicycle remained on the roadway for a while but eventually one tire went off the road, and his mother fell. Another eyewitness to the accident, Joanne Sheldon, testified she was seated at a picnic table and observed decedent riding her bicycle along the roadway for approximately 20 to 30 feet before she eventually fell. Sheldon approximated that decedent was riding at a speed of 5 to 10 mph down an incline with a cur- vature in the roadway, and that she rode over a depression in the road. Her han- dlebars jerked and turned. She lost her balance and fell over to her left side and struck the left side of her skull on the road. Earlier that day, Sheldon had observed children on scooters fall at the same location. Sheldon could not remember where decedent fell, but she did remember the location of the "groove" on the pavement that caused decedent's fall. Sheldon immediately went over to decedent, who was bleeding profusely and gurgling on her own blood. Dece- dent tried to lift her head and her back leg was moving slightly. Sheldon told her not to move because help was on the way. Within five minutes, decedent developed a gaze and then a blank stare on her face. At that point, she stopped -moving. Sheldon checked for a pulse, but could not locate one. Lifeguards from the park beach arrived six to seven 36 P A R K S & R E C R E A T 1 0 N 5 E P T E M B E R 2 0 0 6 Lawn Review minutes later. Eventually, an ambulance removed decedent from the park and brought her to a hospital where she was pronounced dead upon arrival. On the morning following the acci- dent, Phelan returned to the site and found that crushed stone had been placed in the depression. After the acci- dent, Phelan had several discussions with State Police Senior Investigator James Dolan, who opined that the hole in the road was the cause of the acci- dent. Dolan inspected decedent's bicy- cle and found nothing wrong with it. Neither the state police report nor the park police report, however, made a determination as to the cause of the accident. The duty to exercise reasonable care requires that the State, as the owner and operator of a recreational area, protect the public from foresee- able risks of harm Thatcher State Park Manager Chris- topher. Fallon testified that his responsi- bilities included the oversight of Thompson Lake State Park. Although maintenance was conducted on an as - needed basis, there was no scheduled maintenance for this depression. Fallon also admitted that he had observed the culvert several times before the acci- dent, possibly even the morning of the accident. Fallon further testified that there was no rule at the park that bicy- clists over the age of 14 wear a helmet. Alan Gonseth, a civil engineer and bicycle accident reconstructionist, inspected the accident scene the morn- ing after it occurred. Gonseth observed the road as having three depressions with the largest located along the right edge of the pavement. He also observed that there had been major repair work to the depression on the right side where a triangular piece of road had been cut out and patched. He opined that the packing around the culvert was not done properly, so that when it set- tled, it left a void underneath the road. Weight on the road eventually caused the roadway to sink. Gonseth measured the depth of the depression as 3.5 to 4 inches in the cen- ter, on top of the fill that had been placed in it after the accident. In his opinion, it would be difficult to see the patched area on any approach from the north or south. He further opined that a cyclist going down this hill at a rea- sonable speed who encountered a depression like this one, could easily lose his or her balance and fall. Negligent Repair Claimant alleged that "defendant's neg- ligent repair of the roadway caused the depression that led to decedent's acci- dent and death." In response, the state contended that "the depression did not cause decedent's fall and even if it did, decedent assumed the risk of injury." Under the circumstances of this par- ticular case, the court noted that the State, as a landowner, had a legal "duty to use reasonable care under the cir- cumstances in maintaining its property in a safe condition:" The duty to exercise reasonable care requires that the State, as the owner and operator of a recreational area, protect the public from foreseeable risks of harm. Like any other landowner, however, the State is not an insurer of the safety of those using the property for recreational purposes, and the mere happening of an accident does not render the State liable... [L) atent hazards give rise to a duty to Whitewdter West`it the premier supplier bf waterpark attractions and experiences. www. WhltewaterWest:com . whitewater@whitewaterwest.com Offices Worldwide CIRCLE READER SERVICE CARD NO. 32 AND SEE US AT THE NRPA CONGRESS IN BOOTH 1127 PAP, I(S RECREATI ON SEPTEMBER 2006 39 111... ,L CIRCLE READER SERVICE CARD NO. 33 AND SEE US AT THE NRPA CONGRESS IN BOOTH 4532 DISCOUNT CRAFT SUPPLIES $10 OFF YOUR FIRST PURCHASE!' *Offer expires December 31, 2006. Valid on a minimum order of $50. Fc time use. Cannot be used with any Omer DmutKz) coupon. CIRCLE READER SERVICE CARD NO. 22 BRIMS Grounds Management Softwara T2 Call for a FREE DEMO (800) 608-7467 or (623) 266-1943 Email: info@trims.com or visit us at www.t-ims.com CIRCLE READER SERVICE CARD NO. 23 Law Review warn entrants and protect them from that danger. Even where the condition is open and obvious, a landowner's duty to main- tain property in a reasonably safe condi- tion is not obviated; it merely negates the requirement to warn of such a condition. In either case, however, a claimant must still demonstrate that the risk of harm was foreseeable because the State had actual or constructive notice of the condi- tion and failed to act reasonably to rem- edy it. Where the landowner creates the dangerous condition that causes the acci- dent, the landowner is deemed to have actual notice of such condition. In this particular instance, the state claims court took note that "a major repair had been undertaken at the depression located on the right side of the park roadway." In so doing, the court found Gonseth's expert testimony "persuasive" that "the repair was negli- gently undertaken in that it was not properly packed, thereby causing a sinking of the road, creating a depres- sion." Further, the court noted "the tes- timony of William and Sheldon that decedent's bike tire hit this depression and caused her to lose her balance and fall." _ While noting the triangular depres- sion as evidence that the roadway "had been repaired," the court found the State had produced "no proof regarding how many times it was repaired, by whom or with what materials." In so doing, the court found the State had failed "to rebut the testimony of claimant's engineer that the path was not constructed in accordance with good practice." Moreover, the court found the State had "knowledge of the depression" based upon the testimony of park man- ager Fallon. In his deposition, Fallon had testified that "he was aware of the depression before the accident, [but] he 40 PAP, ICS&RE CREATIO N SEPTEM13 E R 2006 did not request that repairs or modifi- cations be made." Based upon such tes- timony, the court found the State had "actual notice of this condition" be- cause the State had "created it" and "failed to remedy it." Further the court found that the tes- timony of Sheldon and Gonseth indi- cated the depression was a "latent haz- ard," i.e., "it was on an incline with a curve, thereby making the depression difficult to see." As a result, the court found sufficient evidence to support a claim for negligence liability. Assumption of Risk The State argued that assumption of risk was "a complete bar to recovery" because the decedent was "participating in a sport:' As described by the court, under certain circumstances, assump- tion of risk may preclude liability "when a claimant's injury results from the voluntary participation in a recre- ational activity:" It is well settled that a voluntary partici- pant in a sport or recreational activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation. A partici- pant will not be deemed to assume the risk, however, if the risks were unique and resulted in a dangerous condition over and above the usual dangers inherent in the activity... The most important factor is whether the risk is inherent in the activity. Applying these factors to the testi- mony presented, the court found "the depression was not open and obvious. As a result, the court concluded that the decedent, "a recreational bicyclist, who had not traveled on the roadway previously, did not assume the risk of encountering this type of unwarned hazard." Here, defendant presents no evidence that decedent saw the depression. Moreover, after reviewing all the photographs of the accident scene, the court determines that the depression caused by the negligent repair was not discernable due to the decline and curve in the road. In making this determination, the court noted that this case involved "a depression caused by a sinking repair" which was "not an ordinary rut or bump in the roadway," nor was it "ordi- narily caused by travel upon the road." In so doing, the court distinguished this depression from an inherent risk assumed by the cyclist, specifically "the risk of encountering ruts and bumps while riding a bike over a rough road- way without a helmet [which] should be obvious to the experienced cyclist." Accordingly, the court rejected "defendant's argument that decedent consented to this risk inasmuch as the risk was hard to see and was unknown to decedent since she had not previ- ously bicycled on that road.' The court, therefore, held that "claimant's recovery is not barred by assumption of risk." Damages In assessing damages, the court refused to "mitigate any damage award for decedent's failure to wear a helmet at the time of the accident." Specifically, the court found that"[d]ecedent was not required to wear a helmet (see Vehi- cle and Traffic Law § 1238 [5] [b] ), and, furthermore, no persuasive testimony, medical or otherwise, was proffered to establish that her injuries would have been either avoided or reduced had she worn a helmet." Accordingly, the state claims court found decedent's son and daughter, William and Allison Phelan, were "enti- tled to a collective award for damages for the wrongful death of their mother in the amount of $2,437,112," which included $2,200,000 "for the loss of parental nurturing.' Dr. Kozlowski is an associate professor in the School of Recreation, Health and Tourism at George Mason University in Faii fax, Va., and legal/legislative counsel to the NRPA Division of Public Policy. He can be reached at jkozlows@gmu.edu or masou.gmu.edu/--jkozlows. C] an iZone® company • sierra simple. strong. enduring. phone: 888/464-9663 web:—echosigns.com • e-mail: info®echosigns.com PARKS & P ECR EATION SEPTEMBER 2 0 0 6 41 WHAT THE YOUTH ADVISORY COMMITTEE IS UP `- TO: All City Dances o About one every other month o Held at the Rec Center for 7'' and 8d' graders who live and go to school in Burlingame o Recently made lots of changes to make the dances continue to run smoothly such as wrist bands for the entrance, limiting the amount of tickets sold, and a new rotation of chaperones and YAC members Relay For Life o Held on October 7'' and 8- 24 hour walk for a cure for cancer o Held at Burlingame High School- in to which a majority of our YAC members attend o It was a lot of fun and we represented all the teens in Burlingame who have been affected by cancer o Great building team camaraderie o We plan to do it every year now - Other Activities for Teens o We would like to plan a lock -in Traveling- where we go to three locations and then come back to the Rec and spend the night such a bowling, a movie, ice skating..etc ■ Lock In at the Rec or BIS- do various sports, watch movies, but on tournaments o Battle of the Bands or and Open Mic Night for local bands and talent to come out and listen to music and be heard o Continue to be a part of Music in the Park setting up a BBQ and providing food while everyone listens to music o Continue being a part of Art in the Park selling cotton candy to represent the YAC at a Burlingame -hosted public event o Movie in the Park sell candy and popcorn fun during the summer, nicer nights- gives teens a place to go o Take team trips for the YAC such as ski trip or ropes course to build team leadership o Constantly brainstorming new ideas for teens and for the community- it should be a great year for Burlingame teens! Chairperson: Anaselia Galli Vice Chairperson: Dean Kahn Secretary: Amy Showen Treasurer: Beth Bruni ON M PERSONAL FINANCIAL GAIN Public officials: Must disqualify themselves from participating in decisions that may affect (positively or negatively) their financial interests (see reverse for list of types of financial interests). Cannot have an interest in a contract made by their agency. Cannot request, receive or agree to receive anything of .value or other advantages in exchange for a decision. Cannot influence agency decisions relating to potential prospective employers. May not acquire interests in property within redevelopment areas over which they have decision - making influence. PERSONAL ADVAMAGE�, , PERE1 Public officials: 4 Must disclose all gifts received of $50 or more and may not receive gifts aggregating to over $360 (2006) from a single source in a given year. ltCannot receive compensation from third parties for speaking, writing an article or attending a conference. Cannot use public agency resources (money, travel expenses, staff time and agency equipment) for personal or political purposes. May only be reimbursed for actual and necessary expenses consistent with their agency's reimbursement policy. 41� Cannot participate in decisions that may affect (positively or negatively) their personal interests. Cannot accept free transportation from transportation companies. Cannot send mass mailings at public expense. Cannot make gifts of public resources or funds. Cannot receive loans over $250 from those within the agency or those who do business with the agency. GOVERNMEN7 7 j NSPARENCY Public officials: f'Must disclose their financial interests. Must conduct the public's business in open and publicized meetings, except for the limited circumstances when the law allows closed sessions. Must allow, public inspection of documents and records generated by public agencies, except when non -disclosure is specifically authorized by law. f- Must disclose information about significant ($5000 or more) fundraising activities for legislative, governmental or charitable purposes. FAIR PROCESSES Public officials: * Have a responsibility to assure fair and competitive agency contracting processes. * Cannot participate in decisions that will benefit their immediate family (spouse/domestic partner or dependent children). * Cannot participate in quasi-judicial proceedings in which they have a strong bias with respect to the parties or facts. 4= Cannot simultaneously hold certain public offices or engage in other outside activities that would subject them to conflicting loyalties. Cannot participate in entitlement proceedings — such as land use permits — involving campaign contributors ( does not apply to elected bodies). Cannot solicit campaign contributions of more than $250 from permit applicants while application is pending and for three months after a decision (does not apply to elected bodies). Cannot represent individuals before their agency for one year after leaving agency service. 0 Must conduct public hearings in accordance with due process principles. INSTITUTE FOR ' FOUNDED,955%CAL GOVERNMENT A public agency's decision should be based solely on what best serves the public's interests. a' The law is aimed at the perception, as well as the reality, that a public official's personal interests may influence a decision. Even the temptation to act in one's own interest could lead to disqualification, or worse. ' Having a conflict of interest does not imply that you have done anything wrong; it just means you have financial or other disqualifying interests. " Violating the conflict of interest laws could lead to monetary fines and criminal penalties for public officials. Don't take that risk. BASIC KALE A public official may not participate in a decision — including trying to influence a decision — if the official has financial or, in some cases, other strong personal interests in that decision. When an official has an interest in a contract, the official's agency may be prevented from even making the contract. WHEN 70 SEEK ADVICE FROM AGEi4Cvb COUNSEL The rules are very complex. Talk with your agency counsel 1) early and often 2) when an action by your public agency 3) may affect (positively or negatively) 4) any of the following: V Income. Any source of income of $500 or more (including promised income) during the prior 12 months for you or your spouse/domestic partner. Business Management or Employment. An entity for which you serve as a director, officer, partner, trustee, employee, or manager. Real Property. A direct or indirect interest in real property of $2000 or more that you or your immediate family (spouse/domestic partner and dependent children) have, including such interests as ownership, leaseholds (but not month -to -month tenancies), and options to purchase. Be especially alert when any of these are located within 500 feet of the subject of your decision. t/ Personal Finances. Your or your immediate family's (spouse/domestic partner and dependent children) personal expenses, income, assets, or liabilities. Gift Giver. A giver of a gift of $360 or more to you in the prior 12 months to you, including promised gifts. Lender/Guarantor. A source of a loan (including a loan guarantor) to you. yr Contract. You or a member of your family would have an interest (direct or indirect) in a contract with the agency. Business Investment. An interest in a business that you or your immediate family (spouse/domestic partner and dependent children) have a direct or indirect investment worth $2000 or more. vRelated Business Entity. An interest in a business that is the parent, subsidiary or is otherwise related to a business where you: Have a direct or indirect investment worth $2000 ' or more; or • Are a director, officer, partner, trustee, employee, or manager. v" Business Entity Owning Property. A direct or indirect ownership interest in a business entity or trust of yours that owns real property. v Campaign Contributor. A campaign contributor of yours (applies to appointed decision -making bodies only). v� Other Personal Interests and Biases. You have important, but non -financial, personal interests or biases (positive or negative) about the facts or the parties that could cast doubt on your ability to make a fair decision. WH97 I ILL HAPPEN ME Agency counsel will advise you whether 1) you can participate in the decision and, 2) if a contract is involved, whether the agency can enter into the contract at all. Counsel may suggest asking either the Fair Political Practices Commission or the State Attorney General to weigh in. EVBi SFr 975 LEGAL, 05,17 22 HICAL7 The law sets only minimum standards. Ask yourself whether members of the public whose opinion you value will question whether you can act solely in the public's interest. If thev might, consider excusing yourself voluntarily from that particular decision -making process. Generous support for this publication provided by: JkbJ& RICHARDS I WATSON I GERSHON V4CC!' ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION LOS ANGELES ORANGE COUNTY SAN FRANCISCO www.rwgiaw.com For additional copies of this checklist, visit www.ca-ilg/ilgpubs Copyright© 2006 by the Institute for Local Government SKU: 1604 Price: $5 (for set of five) City of Burlingame - Parks & Recreation De t. euRLINC,AM6 850 Burlingame Ave., Burlingame, CA 94010 phone: (650) 558-7300 - fax: (650) 696-7216 recreation@,burlingame. or parr w ca.. Date: October 10, 2006 To: Parks & Recreation Commissioners City Council From: Randy Schwartz Re: Monthly Report Parks Division 1. AYSO had a successful opening day on Sept. 9. Recreation Division Preschool 1. A Youth Programs 2. C YAC will present their tentative schedule for the year. Adult Programs 3. Private Piano lessons are completely full. All 38 time slots. 4. New Italian in the IGtchen classes (4 total) are all full with long waiting lists. 5. This year we will have 6 Men's 40 and Over Softball Teams Senior Citizens Programs 6. Trip to Monet In Normandy/ Legion of Honor 20 people 7. Carmel Trip 20 People 8. Jackson casino 34 people 9. Emeritus Lecture In Support of Caregivers 12 people 10. Bingo Bag Lunch 27 People 11. Bridge 12 people 12. Movies 25-30 people 13. Computer High school 15 Seniors 10 students Special Events 14. Rec. Center has been painted on the outside. 15. New blinds in the Art Room. Upcoming Events 1. Seniors to Jackson Casino on 10/4. 2. Fall Fashion Frills— senior citizens fashion show— November 20 — 11:30 to 2:00pm Page 1 of 1 PARKS/REC-Butler, Joleen From: PARKS/REC-Schwartz, Randy `ent: Saturday, October 07, 2006 5:07 PM —To: PARKS -Richmond, Tim; PARKS -Harvey, Karlene; PARKS/REC-Butler, Joleen Subject: Commission Attendance At the last DH mtg, it was confirmed that the Calendar Year, will be used to determine Commissioner absences. If a Commissioner is absent for either 113 of the calendar year or misses 3 meetings in a row, they are to be removed from the Commission. Please let me know if you think any commissioner is nearing these limits, please let me know. While there is no official "Excused Absence", we will use this title for Susie Lahey or any commissioner that is legally required to excuse themselves from the meeting to avoid a conflict of interest or other similar situation. Randy Randy Schwartz Parks & Recreation Director, City of Burlingame 850 Burlingame Avenue, Burlingame, CA 94010 (650) 558-7307 Making Burlingame a Better Place to Live, Work and Play 10/10/2006 BURLINGAME PARKS AND RECREATION DEPARTMENT Collection Report September 2006 cecreanon vivision 2006-07 2005-06 2004-05 Current Month COLL. YTD COLL. YTD COLL. YTD Debi JEERgram Gross Refunds Current Net 01 Misc. Admin. 7.50 - 7.50 (7.00) 1529.69 1924.12 10 Advertising 1,177.50 - 1,177.50 1,177.50 822.00 363.50 12 Tix/Bks/ArtSls 2,014.38 - 2,014.38 31,789.98 33 030.65 27 661.40 13 Bld . Rental 9,192.00 458.00 8,734.00 16,003.00 17 212,50 11 187.00 Rental Deposits 975.00 1,875.00 (900.00) (1,745.00) 317500 1.025.00 16 Park Permit 475.00 33.00 442.00 2,209.50 1830.00 1,575.00 1294 Pool Rental 14,400.00 - 14,400.00 14,575.00 9,533.00 4334.00 20 Sr. Lunch _ 21 Sr. Activities 1,289.00 - 1,289.00 7,744.80 9,052.00 71968.00 22 Teens 1,420.00 - 1,420.00 4,773.00 6 316.50 6 30.00 23 Jr. Teen Cams 674.00 - 674.00 11,715.50 7,116.75 4,782.25 24 PFRN _ 30 Pre-school 6,346.00 _ 780.00 - 5,566.00 _ 56,700.00 46 343.00 150.00 33,575,00 31 Pre-Sch. Class 17,08300 584.00 16,499.00 30,912.75 39 473.02 31097.70 41 Lang. Arts 3,434.00 258.00 3,176.00 6,110.00 2338.00 1192.50 44 Adult Art 13,787.00 886.00 12,901.00 33,248.50 31466.00 32 267.50 45 Culinary 1,135.00 - 1,135.00 3,221.00 1546.50 109.00 46 Youth Art 8,343.75 537.00 7,806.75 20,223.03 695,75 12 07950 47 Misc. Art - 47.00 (47.00) - 42.00 25.00 48 Computers 941.00 - 941.00 1,205.00 104.00 1347.00 EArt49 Enrichment 34,967.00 1,316.00 33,651.00 33,966.00 29,569.75 19 174.50 50 in Park - - - - 140.00 460.00 60 Special Classes 3,836.00 184.00 3,652.00 5,737.00 8,406.00 4 890.00 61 Fitness 14,931.00 495.00 14,436.00 23,929.00 20,154.00 24 725.00 62 Sort Classes 5,195.00 - 5,195,00 9,308.00 4,286.00 6260.50 70 Youth Gam rips 82.00 - 82.00 16,494.50 12428.10 20 593.25 72 Contract S rts 7,719.00 355.00 7,364.00 39,674.50 47 056,20 36 380„00 80 Elem. Sports 9,220.00 90.00 9,130.00 17,104.00 171521.00 20153.50 81 BIS Sports 14,403.00 110.00 14,293.00 38,923.00 44,072.00 38 154.00 82 Tennis Lessons 2,066.00 - 2,066.00 17,206.25 16 23.00 13,332.00 83 Tennis Courts 769.63 - 769.63 5,479.63 5580.00 3,388,00 84 Golf Classes 1,010.00 - 1,010.00 3,797.00 5.819.00 3,539.00 85 Misc. Sports 1,578.00 - 1,578.00 5,594.00 5562.00 6761.00 86 FieldLgts/Rent 2,034.00 - 2,034,00 10,119.75 13009.50 I1830.00 87 Softball 4,360.00 - 4,360.00 8,496.00 7,569.64 18 036.35 88 Basketball 735.00 - 735.00 2,205.00 1,850.00 2190.00 89 Volleyball 334.00 - 334.00 3,561.00 3,3%.00 568.00 90 Yth Aqu.Class 2,531.00 21.00 2,510.00 28,610.00 20,812.00 12.792.19 91 Adlt Aqu. Class 1,514.00 77.00 1,437.00 4,614.50 5,473.00 5 910.50 92 Lap Swim QReC 342.00 - 342.00 954.00 4,394.50 1,573.00 93 Rec Swim 1,520.00 - 1,520.00 3,337.00 17,447.90 295.00 Yth Schlor. Fund 30.00 - 30.00 86.00 258.00 - Sub -totals 191,870.76 8,106.00 183,764.76 519,052.69 510,371.95 431,541.26 RevenuesQ Pool 1 1,880.50 1 - 1 1,880,501 27,460.401 9,330.55 1 26,078.90 Recreation Totals I $ 193,751,26 1 $ 8,106.00 1 185,645.26 1 $ 546,513.09 1 $ 519,702.50 1 $ 457,620.16 Parks Revenue - - - 50.00 625.40 Field Prep Fees 95 Golf Cards Dept Totals $ 193,751.26 1 $ 8,106.00 185,645.26 $ 546,563.09 1 $ 519,702.50 1 $ 458,245.16