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P&R 04-07-94C~T¥ 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 Council Chambers April 7, 1994 CALL TO ORDER 1. Regular meeting of the Parks and Recreation Commission called to order at 7:00 p.m. SALUTE TO THE FLAG ROLL CALL 3. Commissioners present: Commissioners absent: Staff present: Lohmiller, Hendrickson, Hopkins, Quinlan, Buhler Stephen Dowling, Director of Parks and Recreation Linda Lagergren, Recording Secretary INTRODUCTIONS 4. None. ORAL COMMUNICATIONS 5. None OLD BUSINESS 6. None NEW BUSINESS 7. Director stated, "The issue before the Commission tonight is to provide some input for staff regarding the definitions for the Parks and Recreation zone within the municipal code. It is not necessary tonight to make any recommendations or take any action, but simply to provide, after discussion and comment, direction as to number one, is there a desire and an interest to modify the existing park and recreation zone and secondly, if so, what kinds of parameters would you like to see specific language drafted around. With changes in our facility inventory and potential changes on the horizon, it seems like it might be a good time to look at this definition and see if it needs modification. Based upon your suggestions and direction, if you would like some changes made, then that will be developed by staff and brought back to you in the form of a publicized notice of public hearing. Then whatever you decide will go on to the Planning Commission and then on to City Council." PRC #151 Approved ~/5/94 Call to order Flag Salute 1 Call Discussion regarding modifying the Parks & ?.ecreation zone Commissioner Lohmiller stated, "I think we want to be a little cautious in this area. I would like to see the language more to restrict certain activities, then to allow others. The use of parks for non-park purposes has to be defined very clearly and I know there are exceptions. ! assume the Council took exception to this when they allowed residents within the park. I don't think that is a proper use of the park. I don't think having a Sheriff's facility within a park is an acceptable use. In regard to McClellan, I think the trailer should be reviewed and perhaps a portion of the home should be used for that purpose. I think the language should state that it is activities that enhance the park and that these revenue ideas should be looked at as exceptions and brought to the forefront, rather than have language in there that would just let anything go. I would be more interested in keeping the language tight and then do the exceptions after that." Commissioner Quinlan said, "I'm wondering if the ordinance is the way to do that. I see the ordinance as a constitutional aspect of it, like an umbrella, and therefore I think it needs to be broad. It would seem to me that you have written policies, that are approved by the Parks and Recreation Commission and by the City Council regarding the operation and what can go into our facilities and parks. You have specific uses that can go into the parks, that are not specifically identified in the ordinance, but which you have the authority through the ordinance to further define for regulation. I see a problem with getting the ordinance too cumbersome." Commissioner Lohmiller added, "If we can control it that way, with policies instead of the ordinance and then those policies have a review procedure to Commission and Council, then I would agree with yOU." Commissioner Hopkins commented, "We are looking at this right now because reality dictates that we have to make some sort of change because now we have a restaurant in a public park, and we have a Sports Center that is being run by a private vendor, and the Community Center has the Historical Society and C.C.S. We should look at those realities and develop some language that takes that into consideration. If you look at some of the things that are occurring now, they are not congruent with the ordinance here. Certainly, we have to take that into consideration when the ordinance is written. There are some uses that I would rather they not occur on our park land, and one that comes to mind is having people live on parks. That is one thing I wouldn't want to see, but I don't know if it makes sense to talk about the kinds of things we don't want to see happening at a park." Commissioner Buhler said, "As I look at this I see two categories of items that may need to be added. One is the existing activities that are there now and to make the ordinance consistent with what is currently going on. The second and equally useful task would be to step back for a minute and do a little bit of forward planning about what we know to be happening at the various facilities. What are the things that are being contemplated, and see if there are things that are coming down the pike in the near future that ought to be added and include those in it. I agree that it should be fairly broad. On the other hand, I'm not sure that I would make it so broad that the Sheriff's Department, for example, would be a part of that. That is where I would draw the line. That is an exception that clearly ought to come back and be reviewed, unless there is a decision at this time, that that's absolutely something we want to allow." Director Dowling remarked, "I think what I am hearing from the Commission is that there is a desire to acknowledge what is going on, but the idea of making it more flexible may not be what you want. Is that accurate? I'm not sure I am hearing you want more flexibility, it may be that you want more regulation." Chairman Hendrickson added, "Or at least have the regulation spelled out perhaps a little more clearly through policy statements. I think this Commission would like to visit the subject. Is that a fair statement?" Commissioner Quinlan said, "It seems to me we almost have to because you have some existing circumstances." Page 2 Discussion regarding modifying Parks & Recreation zone Director Dowling added, "And how commercial do you want park sites to be utilized. Over the last couple of years, for example, at the Sports Center we have been contacted by, not serious offers, but facilities such as medical facilities, sports fitness groups, medicine operators, things that may or may not be related to recreational uses. The Simms experience was no doubt unique, but it shows you how an existing ordinance can be used to achieve a particular end. I think what I'm hearing is there may be a little concern from the Commission that if you provide more flexibility, it may, rather than help us in the next decade, it may take us down some path we may not want to go." Commissioner Quinlan added, "I don't feel that strongly about it. Sure, we want to have parks for park purposes primarily, but I don't see that a big crime has been committed by having the low-income housing at the Simms house for this particular period of time. If the Council, who is elected directly by the people, in their wisdom feel a need for that, through an open public forum, then I don't believe that trying to restrict the park purposes specifically and then having a hard time identifying what that is. I feel that is kind of out of proportion to what the need in the community may be at that time. For example, we've talked about a Sheriffs substation, I don't see a particular location in a park for a substation at this moment in time, but I could see where it could be feasible and it could be beneficial to the park, especially if we were having some difficulty in a park from the standpoint of policing. I think we ought to build the flexibility into the ordinance and then if Council in its wisdom wants to develop some criteria, like you have for the use of the Community Center, then we could identify in that criteria regarding the Sheriffs substation, that there is no place for a police department and Council could at a later time just change that resolution, rather then change an ordinance. One thing I've learned in City government is what stands true today, won't stand true tomorrow. Things change." Director Dowling added, "That's true and that is one of the things that we are facing in terms of economics, we are forced now as professional recreators to become more entrepreneurial, to look for less traditional ways of providing services and that often means putting restaurants on parks and perhaps putting Sheriffs substations in fitness centers. That is influencing the need to look at this." Commissioner Buhler said, "What would be helpful I think is to see at a future meeting, a list of existing and proposed ideas, and then I think I would have an easier time at coming back and looking at all the specifics, the rule that ought to guide us is "X". Bob, I think you make some really good points about the Sheriffs substation. I can see one situation where the Sheriff substation could be absolutely appropriate and another in which it wouldn't be. So I'm starting to form an idea that says activities that are reasonably related to the purposes of the recreation and education activities that go on in this department, and then if you have some sort of a broad standard then you could measure whether or not the Sheriff's substation relates to those and if it really is providing protection and monitoring for the park, then yes, that allows someone the flexibility to do that. So, I think that is our task, to come up with some kind of policy statement that would allow us to do that." Director Dowling said, "Based upon the input tonight, you would like to also see a list of potential uses that might be on the horizon, and then provide direction for some policy statement development by Planning and Parks and Recreation staff." Commissioner Quinlan added, "We have a public hearing and then the Planning Commission has a public hearing." Direction Dowling stated, "That is correct." Commissioner Quinlan added, "And then it comes back to Parks and Recreation Commission." Director Dowling said, "No, then it goes on to Council. It will come back to Parks and Recreation Commission after Planning staffhas put together the specifics and prior to Planning Commission." Page 3 Park and Recreation zone ¢onfd) Commissioner Lohmiller added, "When I talked about restrictions, it was the eye to trying to preserve the parks for parks, but certainly as Luis said, a Sheriff's substation at Fremont Older doesn't work but at the Sports Center, if you aren't making it, it does, in my opinion. But in one case I say, no, and in the other case I say, yes and it's for commercial use at one place to make it viable. I don't know how you write that." Commissioner Hopkins said, "If you get too flexible, then why even have the ordinance. My understanding is that Parks and Recreation has some sort of zoning designation, so if there are other uses that are not congruent with park uses, you can change the zoning of that piece of land and then make your change you want to make. But in looking at just P&R zone, I think of it as, this is a park and these are the kinds of things that should happen in a park. And then if City Council wants to make other uses of a that piece of land, then they can change the zoning or they can make an exception, or whatever they do to an ordinance and they can go from there. But I look at it from a parks view." Commissioner Quinlan stated, "When you relate it to zoning, your argument is pretty good." Chairman Hendrickson asked, "Is that satisfactory, Steve?". Director Dowling said, "I think that provides direction." Director Dowling said, "At this point, Commissioner Buhler must step down before discussion of this item because of potential conflict of interest. It is not necessary for action on this item, this is more of a matter of keeping you informed where the discussions and negotiations are going. Ultimately, City Council will act on the contract issues, but if you have any concerns about these points, please feel free to express those at this time. As you are aware, the existing contract at the Sports Center expires April 30 and effective May One the following things will happen. The City shall: · Assume collection of all revenues and responsibility for all operating expenditures. (Except instruction) · Hire hourly employees to manage day-to-day operations including court scheduling, reservations, pass sales, building usage, special events, facility supervision and aquatic programs. · Contract with Jim Trenner Tennis, (we have an agreement in principle), to provide tennis lessons, instruction, and camps. This will be a one-year contract and the City will receive 20% of gross revenues. · Pursue compatible tenants to offset facility operating costs. · Provide minimal snack, beverage, and convenience items. Food services shall be on a catered/rental basis. · Retain current level of service (and increase where appropriate) in the areas of tennis, racquetball, fitness, locker rooms, and aquatics. · Assume operational maintenance costs. This strategy will require a General Fund subsidy." Commissioner Hopkins asked, "I'd like to understand what is being proposed now and how it differs from what we have now? Director Dowling stated, "Essentially for the last two years, Jim Trenner Tennis has done all these things. What we are saying now is that the City is going to reassume the major portion of those operations and we are going to capitalize on Jim's strength and that is the tennis program." Commissioner Lohmiller asked, "What will happen with the fitness equipment?" Director said, "We are in negotiation with Jim on some sort of equitable acquisition of his furnishings and equipment and part of that discussion is the back rent that is owed to the City." Page 4 ? & R Zone discussion (cont'd) Statusrepon on C.S.C. Commissioner Quinlan added, "You mentioned that there will have to be a subsidy from the General Fund for the operation. Do you anticipate with this new arrangement that there will be more or less subsidy then you actually experienced in the past? Director said, "I believe in the first year it wdl be comparable to what Jim lost. Commissioner Hopkins asked, "What brought on the change?" Director answered, "Fundamentally, Jim was losing significant amounts of money and we knew we couldn't continue expecting the contractor to subsidize a City facility. So there were going to have to be significant changes in the relationship and in light of some preliminary conversations we felt it was in the City's best interest to regain control of operations and revenues." Commissioner Lohmiller added, "In putting together the financial aspect of this, I would recommend as a Commissioner, that the information that goes to Council that clearly specifies the building component within this package. I recognize Council's desire to keep the building open and keeping the site as a whole recreation site. I feel that economically that building is such a big expense to the overall situation, that it clearly should be looked at separately, so one knows when they say we are going to include the building, what it is actually costing. The subsidy in my opinion is the building. I think it should be looked at and visible." Commission completed discussion and Commissioner Buhler rejoined the Commission at this point. MINUTES OF PREVIOUS MEETING 9. Commissioner Lohmiller moved and Commissioner Buhler seconded a motion to approve the minutes of the March 3, 1994 Parks and Recreation Commission meeting. All in favor. Motion passed. WRITTEN COMMUNICATIONS 10. None MONTHLY REPORTS 11. Director reported on the three upcoming Park Dedications (Monta Vista Park, Regnart School, and Eaton School.) 12. There were no Community Contact reports. MISCELLANEOUS 13. Director reported that City Council made a few changes to what will become a new smoking ordinance for the City. One of things in that ordinance precludes people from smoking in outdoor stadiums which would be all of our youth sports bleacher areas. State legislature is working on a piece of legislation that will for certain non-profit organizations and recreation departments conducting youth programs will provide a little more liability insulation. 14. Chairman Hendrickson reported on the Mayors luncheon. Page ~ Status report C.S.C (cont'd) Motion Monthly Report Community Contacts Legislative Report 15. Director reported, "The Fremont Older Task Force has very quickly moved through their work and will meet in about two weeks and review a preliminary draft of the final report. Essentially the position is that they want to reinforce the purposes for that acquisition which was youth sports and open space and they are not at this point inclined to keep significant portions of the building. That group moved very productively and efficiently." "The McClellan Ranch Task Force had their first meeting. I was very encouraged by representation there and I think that group is going to do some good work as well." ADJOURNMENT 16. Commissioner Lohmiller moved and Commissioner Quinlan seconded the motion to adjourn at 7:53 p.m. to the regularly scheduled meeting of Parks and Recreation Commission on May 5, 1994, 7:00 p.m., Council Chambers. Page 6 Staff Report Fremont Older Task Force McClellan Ranch Task Force Adjournment Motion Respectfully submitted, ~inaa M' Lager~ren' R~c°rdi~re~ry -- I ATTEST: City Clerk APPROVED Chairperson