P&R 10-05-95CITY 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 Itall
October 5, 1995
CALL TO ORDER
1. Regular meeting of the Parks and Recreation Commission called to order at 7:00 p.m.
SALUTE TO THE FLAG
2.
ROLL CALL
3. Commissioners present:
Commissioners absent:
Staff present:
Quinlan, Buhler, Hendrickson, Hopkins, Lohmiller
Stephen Dowling, Director of Parks and Recreation
Linda Lagergren, Recording Secretary
INTRODUCTIONS
4. Director introduced Mr. Pete Raykovich, head coach and managing director of the De Anza Cupertino
Aquatics program and Maribel Andonian, president of the board of directors of DACA.
ORAL COMMUNICATIONS
5. None
UNFINISHED BUSINESS
6. None
NEW BUSINESS
7. Director stated, "The issue before the Commission this evening is to consider a proposal with De Anza
Cupertino Aquatics swim club. For a period of five years, DACA will be operating our Sports Center
pool for an instructional program year-round. Staff feels this proposal gives us an opportunity to
maximize the utilization of that pool. Currently, the pool is only operated in the summer months.
Second, whereas now the city is responsible for paying utility and maintenance bills, with this proposal
we will be in the position of receiving revenue. Thirdly, this proposal does not exclude city use of the
pool. For DACA it allows them an opportunity to generate revenue to fund the wide diversity of
competitive and instructional swim programs they offer."
Commissioner Hendrickson said, "I agree it's a win-win situation. Are there separate meters that are
installed there now?" Director said, "There will be." Commissioner Hendrickson said, "Is that a cost
that the city bears?" Director said, "It's a nominal cost and we will bear that." Commissioner
Hendrickson said, "On the tenant parking, is the parking felt to be adequate over there at that point, as
that program picks up? Director said, "The terms of the agreement are that they have up to twenty
spaces. We don't anticipate in the short term, that parking is going to be a negative impact."
Commissioner Hopkins asked, "Concerning the passholders, this agreement will not reduce the number
of hours they have access to the pool." Director said, "That is correct." Commissioner Hopkins added,
"They [DACA] will provide the cost of the bubble." Director said, "That is correct."
PRC # 170
Approved
11/2/95
Call to order
Salute to
Flag
Roll Call
Discussion
regarding
proposal
utilization of
CSC pool by
DACA
Commissioner Buhler asked, "What is the current utilization of the pool during the time when it is
open? Is it heavily used?"
Director replied, "We are only open in the summer months and we have conducted an instructional
program the past two summers that was essentially a break even endeavor. And it was never heavily
used. We believe that DACA has got the expertise and the resources to make it work."
Commissioner Buhler asked, "Is the bubble year-round or is it removable during the summer months?"
Director Dowling said, "It is going to remain up year round."
Pete Raykovich stated, "It offers the opportunity for both. What we are looking for is some shade in the
summer because we are talking about younger kids. This particular bubble you can roll the sides up and
still keep a top on it, so that it can be open air, but still provide shade and then obviously in the cooler
times, you take the sides back down again. The frame and part of the bubble will be there year-round."
Commissioner Buhler asked, "Can you describe what the market is for the rent? Is this a below-market
rent, how far below or do you know?"
Director said, "We didn't actually conduct market studies. The number we came up with is a negotiated
number."
Chairman Quinlan asked, "Is this going to cover your costs? What is to be gained by the city to rent the
Sports Center pool to DACA?" Director said, "Year-round utilization and a new revenue source."
Chairman Quinlan asked Mr. Raykovich, "Can you elaborate on what you see your organization doing
that will benefit the citizens of the city in a general way and the specific application you have for your
advanced swimmers."
Mr. Raykovich stated, "If we bubble the pool and make it available for the membership at the Sports
Center, they will have hours all year long where they can come in and use the pool. What we are hoping
to offer in terms of programming is a year-round swim school where families will have one day a week
of a swimming day, regardless of the weather. The pool size limits the kind of athletic lap swimming,
triathlon, for athletes like that, but it lends itself very well with a few accommodations, to providing the
community with this year-round lesson program. From our standpoint what we are looking for is to
develop this program so that we can reduce some of the expenses of our general membership."
Chairman Quinlan asked, "The YMCA is talking about getting a covered pool. Do you see any conflict
with them, or do you think there is enough need that both of you can survive.?"
Pete Raykovich stated, "We run a pm-competitive program that before we started to offer it in this
form, we had in the fall about 40 kids and now we are up to 150. We run about 600 kids through the
program. It seems that in this ama with the number of younger families that we am not in danger of
saturating the market."
Director Dowling said, "I had a chance to talk to Liz Gallegos this week. She was excited about the
idea. She did not perceive it as competition."
Chairman Quinlan asked if there was a provision in the lease for the bubble if the lease would terminate
early.
Director said, "Section 6.06 talks about ownership if the agreement does not go to term. Whatever
DACA leaves behind is ours. With regard to the bubble we are leaving the door open if it is not
successful for DACA and we might have an interest in continuing a year-round instruction program, we
have the possibility to acquire the bubble."
Page 2
Discussion
regarding
[~roposal
utilization of
CSC pool by
DACA
Pete
Raykovich
Pete
Raykovich
Pete
Raykovich
Commissioner Buhler asked, "I'm not sure I understood your answer on the rent. I-Iow did you get
comfortable that this was the right number to charge."
Director said, "People were not beating down our door with offers. Rather than taking a posture of
letting it remain closed for nine months, and spending $4,500 a year, here is a chance for the City to
generate revenue." Commissioner Buhler said, "There isn't anyone else. So there is no true way to
determine what a market really is because you only have one offer." Director said, "It's not just a
business decision. It's a partnership with a co-sponsored club."
Commissioner Buhler said, "I have two other items that I would like to toss out as suggestions for
somebody to look at. They are two items that are not in the insurance section that you might ask about.
One is called "breach of warranty." It is essentially a provision that says, that for any reason the tenant
does something that causes the insurer to cancel their policy, the city is still insured. It is a provision
that is becoming standard in all kinds of leases and therefore something that does protect the city. The
second thing, and I'm not sure this applies here, is when they do the certificates, the city is named as
"loss payee." That is a formal way of saying that the city has rights to proceeds from those insurance
claims."
Commissioner Lohmiller asked, "Can you confirm that there is no loss in time use for the
passholders?" Director said, "The amount of time is the same."
Commissioner Quinlan commented to Mr. Raykovich, "I had some concerns going into this from the
standpoint of the YMCA and you and Steve both answered my questions thoroughly and I think this is
a great opportunity for both the city and DACA."
Commissioner Buhler moved to recommend to City Council adoption of the lease agreement with De
Anza Cupertino Aquatics for the Sports Center pool, subject to comments regarding additions to the
insurance section of the agreement (breach of warranty and loss payee). Commissioner Lohmiller
seconded the motion. All in favor. Motion carried.
MINUTES OF PREVIOUS MEETING
8. Commissioner Lohmiller moved and Commissioner Hendrickson seconded the motion to approve the
minutes of the September 7, 1995 Parks and Recreation Commission meeting. All in favor.
Commissioner Quinlan abstained. Motion approved.
WRITTEN COMMUNICATIONS
9. Chairman Quinlan commented that at the last Mayor's breakfast meeting for commissioners Mary
Sievert, Fine Arts Commissioner, presented a letter in regards to the Heart of the City plan an idea of
presenting some trees through our City Forest organization. There are a lot of trees that may be made
available to the city, free of charge, along with a community planting program. The question arose
whether or not the trees they would be planting would fit in to the plan. The question of alternatives
came up and besides Foothill Boulevard median, the question of city parks arose. Director Dowling is
following this up with Bob Cowan and Bert Viskovich."
MONTHLY REPORTS
10. Director reported that the parade and 40th birthday party will be coming up on Saturday, October 7.
Page 3
Discussion
regarding
proposal
utilization of
CSC pool by
DACA
Motion
Motion
11.
Community Contacts - Chair Quinlan said "Not to long ago Luis, Steve, and I met and set up goals for
the coming year and one of those goals was to make an outreach effort with the industries to see if we
could provide recreational services to industries at a cost. They would get a much needed service and in
turn we would have a community contact with the industries that we don't have an opportunity to
always have. I talked to John Statton today with the Chamber who would be a catalyst to assist us in
this regard. He told me that there had been some contacts already through the city in a different vein,
but one of the statements made by a staff person was that some of the people they talked to were quite
surprised that we had some of these recreational facilities. They expressed an interest so we are going
to meet in the next few days."
MISCELLANEOUS
12. There was no legislative update.
13. Mayor's breakfast meeting reported under written communications.
14. Director reported on the new sign at the Sports Center.
15. Commissioner Lohmiller reported on the upcoming Creekside Park neighborhood meeting on October
10, 1995 and the first special Commission meeting will be held on November 27, 1995. Staff will
provide commission with a list of the extra commission meetings to be held.
16. Director reported that the McClellan Ranch Task Force is working on a sign and focal point for the park
that will incorporate the sun dial area. We are also working on trying to find ways to fund some of the
improvements that are needed out there for the structures.
ADJOURNMENT
17. Commissioner Hendrickson moved and Commissioner Hopkins seconded the motion to adjoum at 7:50
p.m. to the regular meeting of the Parks and Recreation Commission on Thursday, November 5 1995,
7:00 p.m. Council Chambers. All in favor. Motion passed.
Respectfully submitted,
ATTEST:
City ~ ~27~'--~'.
APPROVED:
Chairperson
Page 4
Community
Contacts
Creekside
Park
McClellan
Ranch Task
Force
Motion