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HomeMy WebLinkAboutMinutes - November 10, 2003 SMSPECIAL. CITY COUNCIL a. pR A. CALL.. !0 ORDER / ROLL_CALL the Special Joint City Council meeting of November 10, 2003, was called to order by Mayor Hitchcock at 7:04 p.m. Present: Council Members - Beckman, Hansen, Howard, Land, and Mayor Hitchcock Absent: Council Members - None Present: barks and Recreation Commissioners - Johnson, Sasaki, Schuh, Wall, and Chair Davis Absent: Parke and Recreation Commissioners - None Also Present: City Managerflynn, City Attorney Hays, and City Clerk Blackston B. TOPIC(S) B-1 "Discussion regarding the Boosters of Boys and Girls Sports (B.O.B.S.) Organization„ Mayor Hitchcockexplained that the meeting was called to discuss concerns that have been raised regarding the structural organization of the Boosters of Boys and Girls ;ports (BOBS) and how it interacts with the City. MCMM �Tl N /TVQ�'�: Council Member Land made a motion, Howard second, to limit comments from the public to five minutes each and not allow speakers to cede their time to someone else. DISCUSSION: In answer to Council Member Beckman, City Attorney Hays stated that the motion was expressive of what the Council's operational rubs wore. He felt that it was merely an emphasis of Council's current rules of procedure relative to public comments. VOTE: The above motion carried by the following vote: Ayes: Council Members -- Beckman, Hansen Howard, and Land foes: Council Members - Mays r Hitchcock Absent: Council Members - None Commissioner Johnson reported the following statistics related to the number of youth participants in each program: A 1;700 m Soccer', 375 - Football and cheerleading, 650.7 Softball; 1,200 � Baseball; and 270 _ basketball. Commissioner Johnson explained that the Boosters of .Boys Sports was founded in 1960 to ,assist the City in operating youth sports programs, primarily boys football, baseball, and basketball. In the mid-1980s it was recognized #hat more girls were participating in the programs, women were serving as coaches, and women owned businesses were sponsoring programs In 1985 the first two women were admitted to the board acid the name of the organization was officially changed to the Boosters of Boys and Girls Sports. The theory tineas that by placing all these activities under one organization there would be no conflict regarding` funding, priorities, field usage, eta:. The BOBS develops coaches, solicits team sponsors, conducts coaching clinics, organizes tournaments, and raises money through a variety of sources, concessions, raffles, etc. A significant. portion of the funds generated by BOBS goes toward physical improvements, e.g. scoreboards, field lights, landscaping, backstops, bleachers, irrigation systems, concession stands, etc. The BOBS also privides scholarships for the needy and has held equipment exchanges. Continued November 10, 2003 Former Parks and Recreation Director fwd DeBenedetti recalled that BOBS started after W. C, Fuller saw a Little League game in Williamsport with 8 to 12 year olds playing baseball He insisted that the Lodi Parks aril Recreation Department organize a youth' baseball programa The first Saturday that Mr. DeBenedetti and Tommy Atkins offered the program, 150 youth members attended. The program increased each year and the City was divided into six districts. When one of the baseball club managers suggested that uniforms be purchased, Mr. Fuller formed a committee (which included Bill Welsh and Charlie Mack) to raise money to buy uniforms for all six teams. The City Attorney had advised that the money collected be kept in a special account. John Blakely (former Chief Administrator) appropriated funds for bats and balls. By 1962 BOBS had organized 72 baseball d ams with 1,2€ 0 children participating. The organization continued to grove and soon included summer swim league, track meets, etc. Lodi Unified School District made its facilities available to the City, who in turn gave BOBS permission to use the school facilities, Mr. DoBenedetti could not recall any ether time that an issue concerning the BOBS came before the City Council. He stated that Lodi is one of the few cities in the state that operate in this manner, i.e, with an organization such as BOBS. In reply to Mayor Hitchcock, Mr. DeSenedetti stated that the only agreement he was aware of between the BOBS and the City was written in 1987. In response to Council Member Hansen, Mr. DeBenedetti recalled that John Giannoni (a coach at Lodi High School) oversaw how teams were being managed. It problems arose they were handled iriternafty or the Parks and Recreation Director would form a committee of flour laypersons in the community and one Recreation Commissioner to resolve the situation. Council Member Land commented that in 1958he was one of the participants in the Lodi Little League Program.. His first coach was d Heib: He recalled that his team lost every game; however, it had the cleanest uniforms because its sponsor was Star Deluxe` Cleaners. Commissioner Johnson stated that an example of one of the advantages of an organization such as BOBS in the comm unity was the transition to bike air Helmets, which' were safer than plastic heirnets. This was possible for all program participants in Lodi, due to BOBa funding. In other communities inequities exist In equipment,' which can be to the detriment of the participants. City Attorney Hays reported that the BOBS is a private non-profit corporation formed under the California. non-pr6fit public benefit corporation lava. It is a separate legal entity with its own board of directors. The BOBS adapted bylaws on August 11, 1999. The first formal agreement between `the BOBS and the City of Lodi occurred in February 1987. He stated that the City was basically contracting for recreation sery ides that were funded, staffed; and . promotod by BOBS in coordination with the City. Under the original agreement; BOBS had an exclusive operating agreement for concessions with the exception of two facilities, i.e. the Armory Park and softball complex. An addendum was made to the agreement in January 1993, which focused on how the concession stands would be staffed by the BOBS. Mr. Hays stated that he provided a report to Council in April 1998.a.0.1sing that more formalization was needed with regard to the BOBS. He reported that under the current agreement the City agrees to indemnify BOBS up to $250,000 for activities. Lodi has a mix of programs where the City is the provider of the program and the BOBS provides volunteers that perform services, which Mr. Hays explained, at that point in time they are City volunteers. Council Member Hansen asked whether the indemnification creates a nexus between the City and BOBS. Mr. Hays replied that it creates a relationship, but does not create a situation that gives the City any power over the corporation. Further, he stated that. just because an organization provides volunteers it does not snake that organization subject to the City's control. Any time the City has volunteers doing work, it incurs an obligation to indemnify them. 2 Continued November 10, 2003 In answer tia Council Member Hansen, Parks and Recreation Director Goehring reported that BOBS carries its own insurance. Mr. Hays expressed his opinion that the agreement could be.clarified to better articulate what ttie. City expects out .of 1305 and `what BOBS expects out of the City in terms of pr ogramming.. He also recommended that BOBS not use a City facility for its address .and should have .its secretary, treasurer, or "president be its agent for service of process, rather than Recreation Supervisor Tom Alexander. fir. Hays stated that the Brawn Act does not apply, because the Council did not create the SOBS, nor does it fund the organization. In answer to Mayor Hitchcock, Mr. Hays explained that the indemnity is limited to BOBS volunteers When they are performing services in a City recreation program. They aro not acting as volunteers in programs that are sponsored and run by BOBS. Mr. Goehring reported that there are certain programs that the BOBS sponsors solely, e.g. the competitive soccer league tournament; however; most are City and BOBS sponsored programs. BOBS is also indemnified by Babe Ruth and Pop Warner, for example, when they are the sole sponsors of those particular sports events. Mr. Hays noted that. since the agreement with BOBS was entered into, the City has become self insured and the retention amount is how $5.00,000. A review of the City's pool coverage indicates that it does provide coverage for volunteers. To the extent that BOBS individuals are functioning in a City program, they are covered once the City's self ins.wed retention is exhausted. There is not an exclusion for BOBS. Gommissioner Wall pointed out that the organizational chart identitied as Exhibithl in the agenda packet (filed) appears to show a connection between BOBS, the Parks and Recreation Department, the Recreation Commission, the City Manager, and the City Council. Though the BOBS may be exempt from the Brown Act, Mr. Wall reported that when he served on the board, the meetings were open to the public and minutes were posted He cautioned Council against adopting SOBS, as it would change the organization. In reply to Council Member Hansen, Commissioner Wall stated that he served on the BOBS board for 18 years When problems arose, the Sports Committee comprised of. the Vice President arrd Coordinators for each program would agendize the matter and meet in open session. The Executive Board reported back to the Board of Directors about any action taken. Mr, Hays reiterated that the BOBS is a separate corporate entity formed under the California non-profit corporation laws of the State of California. He explained that this would riot Eye available to the organization if the Council decided it wanted to have the powe.r.to forrri the hoard of the BOBS. He characterized Exhibit H as °a figment of someone's imagination" based upon the agreement that was entered into in 1987. Council Member land asked if the BOBS would be required to file Fair political practices GornrnissiWn Conflict of Interests statements if it care under the direction of Council (as other boards and core miss on do), to which Mr. Hays replied in the affirmative. Mr. Goehring reported that. the BOBS organization operates under a non-profit 501(c) 3 status. It has a 25 -member board and last revised its bylaws in August 1999. The City provides registration services and collects and deposits fees. Once a week the City submits a. claim voucher to the Finance Department to reimburse the BOBS for any registration that occurred that week, minus the non-resident fees and new administration fee. The City provides, maintains, and operates the field space and facilities. Some of the facilities and fields are City owned and some are owned by the Lodi Unified School District (LUSO). Through the joint use agreement with LUSD the City is able to Continued November 10, 2003 accommodate the BOBS programs. The larks and Recreation Department assigns a full-time amid staff member (Tom Alexander) as a liaison to the BOBS. The City pays for officials, as well as gym and field supervisors. Both the City and B013S purchase sports. equipment. Through an agreement, the City allows,BOBS.to handle the concessions. The City receives approximately 5% of the revenue generated from the concessions. The City also provides payroll services for ernployees. The. BOBS has approximately 1,000 volunteers and operates with a budget in excess of $300,000. It has don Ated close to $350,000 to the City's facilities and park infrastructure aver the past S to 10 years. Mr. Goehring read from an article written in 1995, in which former Parks and Recreation Director Ron Williamson was quoted as saying that over its lifetime the BO S had donated almost $7 million to youth sports in Lodi. In response to Mayor Hitchcock, Mr. Goehring reported that BOBS board member Ray Huey is responsible for hiring and dismissing employees at the concessions. He read the following list of duties performed by Tom Alexander: Schedules games and practices for the recreation programs that are co-sponsored, e.g. baseball, basketball, and soccer; Deposits monies collected by the City into the BOBS account; Monitors the.head coach selections for recreation programs; ➢ Orders equipment for the recreation programs and distributes to coaches; A Writes bids for uniforms and equipment; )o- Arranges sponsorships for recreational programs; > Hires and supervises officials and field and gym supervisors; > Helps coordinates special projects between the BOBS and the City; > Helps coordinate tournaments hosted by the BOBS and the City; and Ensures that volunteers and the BOBS executive board are following through with their responsibilities. PiJ:BLIC COnnr�lvTs: ® Jean Orosco stated that she was speaking as a private citizen and reported that she worked with the BOBS for over 30 years. She spoke in support of the organization and commended it for its contributions to the community and the dedication of its. members. she stated that BOSS should be thanked for what it does, rather that asked to justify its existence. Rory Bernasconi disagreed with Mr. Hays' interpretation that the organizational chart is a "figment of someone's imagination." > He pointed out that Mr. DeBenedetti just informed Council that when a problem moose, :he as the Parks and Recreation Director, would form a committee including a member of the Recreation Commission. That process was consistent with Commissioner Wall's observation. Mr. Bernascohi stated that the agreement between the City of Lodi and .BOBS does create the line of authority. He. read the following excerpt from the agreement, "ft its acknowledged and agreed that the Director of the City's Warks and Recreation Department. shah be the authorised person to assign and direct members of BOBS in its participation of the sports. and recreation program of the City." Mr. Bernasconi clarified that the indemnification provision is not an insurance policy, it is a promise to defend a lawsuit, and he read the following excerpt, "City agrees to hold BOBS, its officers, and directors free from any suit, action, or claim for damage." He stated that, indemnifications are a way.to manage risk when you give up control. to this situation, the City is giving the BOBS the right to use, occupy, and control City property and engage in functions with the public on its property, which he believed creates liability. He stated that the indemnification is one sided and does not deal with the nature of the relationship of the two parties to the agreement. In 1993 the Public Resources Code required that cities make specific inquiries into the criminal backgrounds of all volunteers. Mr. aernasooni stated that both BOBS and the City shared this duty; however, the screening standard was never fully implemented. He asserted that 4 Continued November 10, 2003 when the City indemnifies someone it has .the ability to require there to adhere to a certain set of standards. To do otherwise is irresponsible to the taxpayer, i.e. ; it places s burden on the taxpayers and citizens of Lodi and there is no way to manage the rick. The BOBS has now taken the position that the Brown Act and the Public Resources Code does not apply "to its directors. Mr. Bernasconi recalled that he previously submitted to Council a declaration signed by five current and former directors, which indicates otherwise. In reply to Mayor Pro Tempore Howard, Mr. Bernasconi stated that he continues to believe that the BOBS steeds to abide by the Brown Act because the City played a rale in the creation of the organization by having City staff contribute time, resources, facilities, etc. In response to Council Member Hansen, Mr. Hays stated that Public Resources Code Section 1ig4 does not currently exist; however; he planned to bring a policy to Council at the regularly scheduled Council' meeting on December 17 which world re- implement the provisions i.n order to continue the program that the City has fully implemented with regard to background checks for those who meet the standard that is set out in .the Public Resources Cade. He read the following excerpt; "A city $flail not hire a person for employment or hire a volunteer to perform service at a city operated parr, playground, recreational center, or beach used for recreational purposes in a position having supervisory or disciplinary authority over any minor if that person has been convicted of certain offenses." Mr. Hays confirmed that the City requires background checks of those who are going to perform services at designated facilities. Mr. Bernasconi read from the signed. declaration, "We as former and current BOBS board members have or had disciplinary or supervisory authority over minors on city parks." Frank Alegre stated that he was a BOBS board member in the 1960s. He confirmed that forrtier Parks anti recreation Directors gat in on'meetings of the BOBS and handled problems when they arose. He believed that the City defies have control over the BOBS by assigning a City`staff member to thea, registering `participants in BOBS programs, assigning facilities, etc. He expressed disappointment with Mayor faro T6mpvre.Howard and Council Members Beckman and Land for voting to lima public comments to five minutes and noted that it has not been consistently enforoed in the past. Council Member Beckman stated that a Council policy hes been in place for a decade regarding time limits for public speakers. Mayor Hitchcock recalled that this Council and ethers in the past had not adhered to the time limit when new information was being introduced. Council Member. Land stated that former Mayors Mann, Warner, Nakanishi, Pennino, and Siegiock enforce.d the five-minute limit on public cornments and former Mayor Pinkerton used a ti ter. ® David Akin stated that he served as a BOBS board member for 16 years. Mr. Akin mentioned that he sent e-mails to Council Members on this topic, He expressed hope that no changes would be made to the organization because it had run so sm.00t.hly in conjunction with the City over the years. CLOSE© PUBLIC COMMENT Continued November 10, 2003 In answer to Commissioner Sasaki, Mr. Hays explained that the conditions in the Public Resources Code only applied to these who were functioning in "a supervisory or disciplinaryrole at the enumerated. facilities, Le. it only applies to those who put themselves in direct contact with youth at a park, playground, etc Cornmissloner Sasaki stated that BOBS board members who serve in the capacity of a Coordinator are at facilities where sports programs take place. Commissioner Wall concurred with Mr. Sasaki and confirmed that board members Often attend sports programs and could be in a position of having direct supervision. Mr. Hays replied that this needs to be understood by the Parks and Recreation Department in order for the rules to be applied. Mayor Hitchcock suggested that a committee be formed to develop a mutually agreed upon understanding of how the City and BOBS should operate. Mayor Pro Tempore Howard was opposed to any action that would change the SOBS nen-profit status or burden them with Conflict of Interest filing obligations. She did agree. with strengthening the contractual relationship with BOBS and supported the City Attorney's prior recommendations. CommissionerJohnson painted out that only Mr. and Mrs. Bernasconi have raised concerns about the. BOSS. No one else has came forward.in support of the charges they have raised, He suggested that if the Council accepts the City Attorney's opinion, it should end the discourse with the Bernasconi's and let them pursue the matter through the court system if they choose to do so. Council Member Hansen noted that there were other BOBS board members who resigned within a short period of time. He was told today by a former BOBS board member that a $10;000 sponsorship of a major baseball tournament was withdrawn after they.had read about discord amongst the BOBS organization. He voiced support for forming an ad hoc cornmittee to look into the matter. He acknowledged the receipt of e-mails on this subject front the following individuals and noted that the majority were strongly in support sof BOBS: David Akin, Jahn Johnson, Blaine DeJong, Fain Bornasco i, Alice Synogrouhd, and Catherine Mason: Mr. Hanson stated that he had also been .informed that the vote for the current. BOBS president was 10 to 11, which had not Happened during previous elections of officers. Chair Davis stated he was disappointed that issues could not have been resolved internally without having to Conduct this joint meeting. Calling the meeting made it appear as though the City was opposed to tate BOBS. He rioted that BOSS has been an organization that has helper! the City for many years. Council Member land concurred with Chair Davis and would not be in favor of any action that WoUlei change the BOBS organization. He did support improvement of the working agreement and the suggestion to form an ad hoc comm ittee or task force. Discussion ensued regarding potential members to serve on the committee. Commissioner Sasaki requested that the topic be addressed on how to eliminate the possibility of having a child molester on the BIBS board, Council Member Beckman recalled that the City Attorney had previously made a recommendation to clarify language regarding other boards Arid commissions acid stated that he would like to see it accomplished before problems arise there as well. Mr. flays indicated that he would look into it after the BOBS policy implementing the Public He -sources Code is considered by Council. 6 Continued November 10, 2003 MOTION I VOTE; Council Member Hansen made a motion, land second, that the Council create an.Ad Hoc Committee t.6 review the BOBS operation and provide recommendations to Council, chaired by Commissioner Blab Johnson and consisting of one other Recreation Cornmissioner and members from the BOBS board of directors, with the remaining makeup at the disereiion of the committee chair. DISCUSSION: 11 �ayor;Hitchcopk felt that BOBS should be able to choose who it wants to participate and it should make up 50% of the Ad Hoc Committee. Mayor Pro Tempore Howard stated that her initial thoughts were to let the BOBS organization review Its bylaws and make :its own recommendations, and that the Council take the lead regarding recommendations to improve the contractual relationship: Shia felt that the Council should honor and recognize the distinction in the BOBS organization, i.e. its non-profit status. Counci[Member sand suggested that the motion include a time frame of the first regularly scheduled meeting in March for the Ad Hoc Committee to return to Council with rectommendations. Mr. Hansen agreed to amend the motion accordingly. in reply to Mayor. Hitchcock, Council Member Hansen stated that he advocated members of the current BOBS board serving on the Committee, as well as perhaps past Parks and Recreation Directors; past board members, and citizens who can give ,an unbiased honest opinion. In addition he suggested that the City Attorney and current Parks and recreation Director participate in its discussions. He recommended that the Committee be comprised of 10 to 15 members and that interested persons contact the chair to apply. VOTE: The above motion carried by a unanimous vote. C, COMMENTS BYTHE PUBLIC N N. 1V -AGENDA ITEM Frank Alegre noted.that he had read an article inthe newspaper regarding Council Member Land's suggestion` that Council roduce its monthly salary by $50 Mr. Alegre opposed the idea; stating that $250 a month will not make an impact on the City budget and there is si lot of other money spent wastefully. D. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 9:55 p.m. ATTEST: Susan J. Blackston City Clerk VA