P&R 04-04-96CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone (408) 777-3200
MINUTES OF THE REGULAR MEETING
OF THE
PARKS AND RECREATION COMMISSION
City Hall
April 4, 1996
CALL TO ORDER
1. Regular meeting of the Parks and Recreation Commission called to order at 7:02 p.m.
SALUTE TO THE FLAG
2.
ROLL CALL
3. Commissioners present:
Commissioners absent:
Staff present:
Buhler, Hopkins, Lohmilter, James
Shukis
Stephen Dowling, Director of Parks and Recreation
Linda Lagergren, Recording Secretary
ORAL COMMUNICATIONS
4. None
UNFINISHED BUSINESS
5. None
NEW BUSINESS
6. Director stated, "The issue before the commission this evening is to consider in concept an opportunity
for concession sales in Memorial Park. This item was discussed by the commission and council last
Fall and the consensus was that if staff would bring back a plan for consideration that council would
consider it. What I have given you is some information about the County's program that we could
adapt to our situation at Memorial Park. We would go out for competitive RFP's this Spring, staff
would review those and make a selection. Selected candidates would be issued an exclusive permit to
operate in a specific location within the park. We would require them to work Saturday and Sunday and
anything beyond that would be at the discretion of the vendor. The time frame is envisioned from
Memorial Day through Labor Day."
Commissioner Hopkins asked if at community events there is something in the proposed contract that
would say that the vendor doesn't work those days. Director stated that he didn't know if we would
exclude the vendor, we would just say that there would be other non-profits in the park on that day
selling as well. Commissioner Hopkins noted that in the staff report it was mentioned that the public
was not conveying a need for any concessions in the park and had staff looked further into that.
Director said that there didn't seem to be a way to get an accurate read on that. We have heard at our
Thursday night concerts in the summer time that people are requesting food service. Staff's perception
is that it would be a convenience. This program would obviously be on a one-season experimental
basis.
Commissioner Lohmiller asked if the clean-up deposit was enforceable. Director Dowling said that the
hammer is not the deposit but a renewal the following season. Commissioner Lohmiller asked what the
typical percentage that the city would get from the concession. Director said that typically it is between
10-12% for food and beverage sales.
PRC #176
Approved
5/2/96
Callto order
Salute to
Flag
Roll Call
Concession
sales in
Memorial
Park
Commissioner James stated that she had a few concerns. "The first is that there doesn't appear to be a
need. I'm a little concerned that we are considering changing the nature of the park. The ambiance of
Memorial Park is a little different than most. To do something like this without a needs assessment or
without the community asking for it, even knowing that there is need for it, is a concern for me. A
bigger concern are our partner businesses across the street. When businesses in the city of Cupertino
are all having a difficult time and the Chamber is working very closely with the city to monitor that and
bring more businesses in, it concerns me that we would move on something like this without dialoging
with the people that are already there. I would be very concerned without bringing the people at The
Oaks into the conversation and the process. I as a commissioner would find it very difficult to vote to
move forward without a needs assessment being done first and then bringing the businesses in that are
already working there that are servicing that area."
Chair Buhler mentioned that when this came before the commission before, staff was not
recommending that we implement this at that time. "In your view, has there been a change? What has
changed in your eyes that has alleviated the concerns that you've had?" Director said, "I don't know
that the staff's position has changed much, what did change was the commission in the fall felt it was a
program they would like to try. They felt that there may not be an effective measurement tool on the
need, the perception was that it might be a nice service to provide for the people using the park. The
only thing that changed was both the commission and the council in the fall thought it was an idea that
warranted development." Chair Buhler stated, "You did raise the question then about The Oaks. Has
there been any conversation with them?" Director said, "There hasn't. I think that there should be. The
commission last fall was not overly concerned about the reaction of The Oaks and the council didn't
seem to think that that was an issue either; in fact they felt that the portable vendors are also Cupertino
businesses."
John Morgan - John's Super Dogs - "John Hagen and myself have been beating on city hall for several
years to try to do this. I think it is a very good thing to do for the city. It can bring in quite a bit of
revenue, a lot more than most people realize. It should be something that the city can be proud of.
Bringing in the carts, if that is what you want, that's not a problem unless you are really busy and then
you are going to have ice chests stacked all over the place." John asked for the location that the city
was looking at.
Director said that one of the locations was a service path that enters off of the intersection of Alves and
Anton, near the gazebo. On the other side, near the ball field is another paved area.
Commissioner Lohmiller asked John Morgan what he thought a cart business would gross in four
months. John Morgan estimated a four month gross income would be $40,000 to $60,000.
Commissioner James asked if there was a reason why we can't slow down a bit and bring a group of
people together, the vendors, the business people at The Oaks, and the city to talk about this. And then
publish something in the Scene asking people to respond. Do they even want this? I know you'll get a
skewed response because you'll only get the people that will sit down and take the time to respond. Is
there a hurry on this? Can't we get this information?
Director stated, "Yes we can. The assumption however, based upon the conversations of last fall was
that it was desirable and that a plan be developed. So if you slow down now, that will impact the
season."
Commissioner Hopkins said, "I would like to understand what the need is. My feeling on this proposal
is that I am interested in seeing it on a trial basis. I feel like it is just another business that wants a
permit to sell in the city. I don't think we go through that whole process of talking to other businesses
in the city before we give a permit; I don't think we do that for other businesses. I am in favor of this."
Page 2
Concession
sales in
Memorial
park
John Morgan
Commissioner Lohmiller stated, "I have been against it for years and then with our discussions last fall
I started to swing over. I think the reason was that I think it is worth the trial for the convenience it
offers the people in the park. I have a hard time getting too concerned about The Oaks issue mainly
because I think people are very reluctant to walk across the street. I don't see people doing that and I
don't feel comfortable doing it. I would be in favor of giving it a trial run. I don't think the money is an
issue. What the city would gain isn't much, but it would be a convenience to the people there at the
park."
Commissioner James said, "I have no problem trying this if I had the information I thought I needed. I
don't feel that I have it. It really does concern me that we haven't collaborated with people in the area. I
think that people do walk across the street to The Oaks. I think the people that have businesses there
could tell us how much business they think they get from park traffic and would it adversely affect
them or not. ! just think bringing everyone into the process is critically important and I personally don't
feel that I know there is a need for it, that the community wants it. I have the ambiance problem also. I
don't think the information I have at this point warrants for me to vote forward on it."
Commissioner Buhler asked, "If we give a vote to approve the general concept, what in fact would you
do and would there be any collaboration as you go forward of the type that Sandy is asking for?"
Director Dowling stated, "There has been a lot of discussion at the council level in the last several
months over economic development and some of the collaborations with the business community. That
was not as much a topic last fall when they dealt with this. Certainly at the very least, I am more than
happy to send a letter to specific vendors in The Oaks and let them know that this is the concept that is
being discussed and I would appreciate any comments they had on the subject, prior to going to council
and include that information to city council."
Commissioner Buhler stated that he thought it was appropriate to notify people. I don't think anyone
from The Oaks was here last fall and there is no one here tonight from The Oaks. I don't have a sense
that it is a big issue for The Oaks. I'm not sure that limiting competition for The Oaks is an appropriate
reason not to move forward because I don't think it is the city's role to limit competition for a certain
group of businesses in the city. I do believe that the vendors are Cupertino businesses and it really
comes down to what makes sense for our citizens of our community. During the summer months at
events they have expressed a need for this service, so if there is an effort made to notify people that
they could express their view, then I am prepared to move ahead.
Commissioner Hopkins moved to recommend to City Council that we are interested in having
concession sales of food and beverage in Memorial Park this summer on a trial basis as identified in
concept in the staff report. Commissioner Lohmiller seconded the motion.
Commissioner James said, "I just want to clarify one thing I'm not a proponent for The Oaks business,
what I am trying to talk about here is the economic direction the city just published and the economic
summit they had and one of things they committed to is working closer with the business community
and the chamber. One of things you do then is collaborate before you do this kind of thing. You get
input and you work together before and that is my point. That is why I am uncomfortable with it. It's
not that I'm a proponent for the businesses in The Oaks or I think we should be not fostering
competition at all, it's just that I believe that if you are going to work together, then you work
together."
Page 3
Concession
sales in
Memorial
Park
MORON
- Motion passed 3-1 with Commissioner James voting against, voT[~
7o
Director stated, "As it turns out city council concurred with the commission's recommendation. They
too would like to form a teen task force to try and get a better perception of what the city's role might
be with this target population. It might be appropriate to start with a discussion about what we want this
task force to do and then after we have identified what that mission or vision should be then we can talk
about who should be on it."
The Commissioners then brainstormed potential objectives of the task force, identified top priorities,
and discussed composition of the task force.
Commissioner James stated that it is important to have on the task force the policy makers from each
area. Everyone agreed.
Director Dowling stated that the commission should keep in mind that this work will go on for years
and that is another reason why the top executives would work because there is less turn over than other
layers of management. Director Dowling said we will bring this back to commission next month.
M1NUTES OF PREVIOUS MEETING
8. Commissioner Lohmiller moved and Commissioner Hopkins seconded the motion to approve the
minutes of the March 7, 1996 Parks and Recreation Commission meeting as submitted. All in favor.
Commissioner James abstained. Motion carried.
WRITTEN COMMUNICATIONS
9. Written correspondence from the Northwest YMCA We contacted them if there is a role the city might
play in their upcoming teen center. There feeling was that at this point they have resources in place and
perhaps in the promotional area they could use our assistance, but they would like to forge ahead alone
at this point.
MONTHLY REPORTS
10. The director had nothing to add to the February recreation program monthly report. He announced
upcoming dedication of the Kennedy field to be held on Saturday, March 30.
11. Director updated commission on the upcoming 4th of July fireworks event.
MISCELLANEOUS
12. Director advised commission that legislation has been introduced at the state around the issue of PERS
enrollment of part-time employees. It has hit recreation agencies quite hard that after 1,000 hours
municipalities are required to enroll those employees into PERS. There is legislation introduced that
would change the language around what is defined as a PERS eligible employee.
13. There was no mayor's breakfast meeting the previous month.
14. There was no staff oral report.
15. There were no Creekside Park meetings.
16. The McClellan Ranch Park Task Force met and discussed formalizing the committee. It was felt the
committee needed to be more flexible, so they will remain a task force and there will have to be
occasional recesses after a phase is completed.
Page 2[
Teen Task
Force
Approval
of minutes
written
communica-
tion
monthly
reports
Legislative
update
ADJOURNMENT
17. Commissioner Hopkins moved and Commissioner James seconded the motion to adjourn at 8:49 p.m.
to the regular meeting of the Parks and Recreation Commission on Thursday, May 2, 1996, 7:00 p.m.
Council Chambers. All in favor. Motion passed.
Respectfully submitted,
Linda M. Lagergren,~Recor~ng ~cretary
ATTEST:
APPROyED:
Page 5
Motion for
adjournment