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P&R 02-05-04 CUPERJINO PARKS AND RECREATION COMMISSION Regular Meeting Thursday, February 5, 2004, 7 p.m. City Hall Council Chambers AGENDA 2. 3. 4. 5. o 10. 11. 12. CALL TO ORDER PLEDGE OF ALLEGIANCE INTRODUCTION OF APPOINTED COMMISSIONERS ROLL CALL SELECTION OF OFFICERS FOR 2004 A. Chair B. Vice-Chair PRESENTATION A. Nature Programs at McClellan Ranch - Barbara Banfield, Naturalist MINUTES OF PREVIOUS MEETING A. Regular meeting of December 4, 2003 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the commission on any matter not on the agenda. Speakers are limited to three (3) minutes a person. In most cases, state law will prohibit the commission from making any decisions with respect to a matter not listed on the agenda. WRITTEN COMMUNICATIONS A. Grace and Tony Toy's packet to the City Council dated January 5, 2004 NEW BUSINESS A. Consider selecting a date in February to review Community Congress exercise MISCELLANEOUS - NO ACTION REQUIRED A. Staff oral reports a. City Council Goals for 2004 b. Budget Update c. 4"' of July d. Cupertino Historical Society e. Stevens Creek Corridor Grant Request B. Community contacts ADJOURNMENT lin compliance with the Americans with Disabilities Act (ADA), the city of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the Parks and Recreation office at 777-3110 at least 48 hours in advance of the meeting. Parks and Recreation Commission December 5, 2003 Page 2 of 3 them fairly. They expressed their dissatisfaction with the three minutes (six minutes total) they have been allowed at each meeting to express their concerns. They stated that they would have liked to have a direct, face-to-face meeting with the whole commission, instead of behind the microphone. Supervisor McCarthy stated that the subcommittee to discuss the court reservation policies should be wrapping things up with two more meetings. The recommendations from those meetings will be brought back to the commission in March. Commissioner Jelinch commended staff on their hard work getting the Sports Center remodeled and stated they deserved the Commission's full support. Commissioner Bradford asked how the Teen Center was being marketed. Supervisor McCarthy stated that the Teen Commission has established goals to generate interest in the Teen Center via their respective schools, there is information on the Teen Commission's website, the center will be mentioned in the recreation brochures, plus he believes that word of mouth will encourage community interest. Commissioner Bradford stated that she would like to see the department more aggressively market the center to the school district, teens, and parents. Director Smith reported that one of the challenges of the teen center is defining the age group that they will serve. She stated that the Teen Commissioners are "older" teens and the teens coming to the Sports Center are younger (age range 11 to 13). The challenge may be in attracting the older teens, and there are challenges in developing appropriate activities for all ages. Commissioner Bradford agreed that there are two teen groups and stressed the importance of developing a clear forum and understanding the needs of the age groups being targeted. She asked for a copy of the Sports Center Rules and Regulations. She asked about the capacity of the Child Watch room. Supervisor McCarthy stated that it could accommodate 8 to 10 children. It is expected that this space could be fully utilized on any given day. Initially, this service will be offered during prime time to gauge the use of the program. Director Smith stated that staff could conceivably limit the amount of time children can be allowed to be watched to get everybody through, or possibly look at alternative rooms. Supervisor McCarthy stated that the industry standard for this type of service is l- lA hours per a child's stay. Commissioner Bradford commended staff on their hard work. Commissioner Peng asked what system was going to be used to provide proper allocation of the multipurpose room. Supervisor McCarthy answered that initially there will be experiments with use patterns. Based on that need, allocations will be established. Parks and Recreation Commission December 5, 2003 Page 3 of 3 Commissioner Peng asked about the proposed policy "management reserves the right to restrict youth access to certain specialized areas based on risk, safety and age." Supervisor McCarthy stated that using industry standards, age limits have been established for child watch and use of fitness equipment for the safety of the children and the protection of the center. Director Smith explained the reasoning behind the proposed policy not to have standing and ongoing rentals was because of the lack of available indoor recreational space in the community. Staff believes this policy would provide for maximum community use and flexibility. She stated that the Commission may hear complaints from time-to-time on this issue and wanted them to understand the staff's reasoning. B. Consider canceling the January 1, 2004, regular meeting. ACTION: Brown made a motion, Jelinch seconded it, and there was a unanimous decision to cancel the January 1, 2004, regular meeting. The next regular meeting of the Commission will be February 5, 2004. MISCELLANEOUS - NO ACTION REQUIRED A. Staff oral reports - Director Smith reported that Mayor James has called for a City Council study session on the Stevens Creek Corridor funding strategy on December 15, 5:30 p.m. Director Smith will report the outcome of that meeting at the February regular meeting. Community contacts - Commissioner Jelinch reminded the community of Breakfast With Santa on December 6 and the Tree Lighting on December 7. 6. ADJOURNMENT - The meeting was adjourned at 7:45 p.m. Respectfully submitted Made Preston, Administrative Secretary Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www. cupertino, org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. Minutes approved at the ,2004, regular meeting. To: Cupertino City Council Members From: Grace and Tony Toy 10130 Crescent Rd. Cupertino, CA 95014 408-257-9900 (press *99 after beep to fax) Email: tony.toy~Sun. COM Date: January 5, 2004 Subj: Response to Staff Report Before Sports Center Grand Opening The following message is being delivered during the Oral Communications session: In early November, we delivered our message with two concerns: 1) At the Parks and Recreation Department, no one represents the interest of our City 2) At the Sports Center, our City can increase revenue $100,000 every year, without prime-time team tennis. On November 17, stafftumed in their report, which listed their reasons in granting priority to the Cupertino Tennis Club or CTC. We have just submitted a comprehensive package with facts and our comments in response to this staff report. Over the past year, we sent many emails to the Department; staff has responded to some of them..We have also submitted a few of these latest emails. These correspondences will give our City authority a better understanding of how staffhandles different situations, so that you can evaluate their competency. CTC is an independent organization which does not share its revenue with the Sports Center. Our City authority has no jurisdiction over the club officials. However, these club officials have no restriction on court use. They monopolize prime-time and their practices are concealed. In the package, we have included two emails from another passholder, Mr. Clarke, who also opposes prime-time team tennis. Mr. Clarke said that his contract did not mention that CTC players will receive priority court use at prime-time and that it is unfair. Since Mr. Clarke's emails were ignored and covered up by staff, he asked us to deliver them to the Parks and Recreation Commission. We would like to specially mention that all the members of the Parks and Recreation Commission are very responsible and dedicated. They asked the right questions and used very good judgment. Unfortunately, the infom~ation they received was distorted, filtered, and misleading. They are an advisory group and their role is to oversee policy. They do not have the authority to investigate the cover-ups, verify the truth, and discipline the misbehavior. We wish that a higher level City authority would look into this matter. For over 10 years, staff conducted business according to the reservation sheet, which was open to all passholders. It was working well. Other city facilities also use the same system. Ever since we questioned prime-time team tennis policy a year ago, the management has covered up the reservation sheet, which is public record. These days nobody keeps track of tennis court use and staff is well protected. We have lost the check and balance system. This Saturday, our City Council Members will attend and celebrate the grand re-opening of the Sports Center. We are very excited about the new facility. We are also very concerned that there is a loophole in our security system and it's not a secret anymore. On team tennis evenings, the Sports Center has an open door policy for the families and friends of both teams. Anyone can come in and take advantage of it. We have seen many strangers taking over the tennis courts and using the facilities. The Center is a facility provider. All frontdesk staffwork part-time and cannot always identify passholders. It does not have a club environment, in which pros socialize with all players and monitor the courts while professional trainers oversee the gym. We do not have any responsible staff for patrolling. For years, we reported many incidents of unauthorized users on CTC evenings. Instead, we had been questioned by the managing staff. No one took any responsibility or paid any attention, but yet we were given a hard time for being whistle-blowers. After the grand opening, who will safeguard our state of the art facility and more importantly, who is going to pay for these extra expenses? This is an economic issue. While other tennis facilities have increased their fees periodically, we remain the same for the past 10 years. Staffkept the 2 rate low to deft:ay for their poor management. With these low membership fees, the remover rate is still very high. Staff treats court time as a surplus and uses it to reward CTC officials who praise their work at Department meetings. No one oversees the Sports Center. At other public parks and private clubs, tennis court time is a merchandise. Prime-time has high market value and is in great demand. There are many tennis players and families shopping for a great facility, at a central location, with professional management, and a fair reservation system. Our new facility can match up and compete with many private clubs. It is our golden opportunity. With a $2.5M investment, our City should ama to reap the highest return and provide quality service to the general public. The key question is who will manage the crown jewel of our City. We hope our Mayor and City Council members will go through the package and take care of the Sports Center. We have been the biggest fans for over 10 years. Thank you very much for listening. To: Cupertino City Council Members From: Grace and Tony Toy 10130 Crescent Rd. Cupertino, CA 95014 408-257-9900 (press *99 after beep to fax) Email: tony.toy~Snn. COM Date: November 3, 2003 Subj: Proposal for Marketing Strategy of New Sports Center to Increase Revenue Comment: The following message will be delivered at the November 3rd City Council meeting. We would like to provide detailed information to our City leaders and interested parties to pursue this matter. Please contact us. Last month, our City Council had allocated almost $2.5M for the renovation of the Cupertino Sports Center. Thank you very much. Unfortunately, in the Parks and Recreation Department, there is no one representing the interest of our City and therefore, the City loses over $100,000 in revenue every year. We are concerned. For over 10 years, we have been the biggest supporters of the Sports Center. We purchased the most guest passes and regularly bring in many friends to play tennis. Tony introduced so many co-workers that he initiated the Corporate rate. He brought in the whole men's 5.0 team. For a few years, Grace catered all the refreshment for the staffs Christmas parties. Since we know many tennis players, we handed out flyers and conducted tours of our facility. We rallied several successful membership drives in the early days when business was slow. We greatly advertise the Center so as to bring in more business and increase the City's revenue. We are very dedicated and know that it has strong potential. However, we have seen great obstacles. For over a year, we addressed our concern to the Department. On and offthe record, several in authority have offered us a refund and asked us to quit. Here's the problem: Almost 10 years ago when our City purchased the Center, Mr. Gonzales was the manager. He was also a board member of the Cupertino Tennis Club, which was not affiliated with the Sports Center. The club members do not have a home court but yet they sponsor team tennis, of which Mr. Gonzales was a major player. He granted his club free use of courts. At that time, the Center had more courts than players. Each year there was only one league season and players could only play on one team. The club sponsored a few teams and the impact was insignificant. Over the last few years, the United States Tennis Association has greatly increased the number of leagues year round. Team tennis has become very big business and court fees are much higher. At the Center, the number of team tennis players has remained fairly steady at around 160, which is less than 20 percent of the users. Last year, they formed 30 teams; this year, 35 teams. Some players are on six or seven teams. They have extensive use of the best lit courts at prime-time, without restriction. Some tennis club officials even reserved courts for personal practice. If these teams were to play at Sunnyvale, each team would have to pay almost $1000 in court fees. Cities such as Sunnyvale, Mountain View, and Santa Clara have increased court fees according to the high market demand. At the Center, team tennis is free. They use up extra staff hours to schedule the teams, service the frontdesk, and clean up the court sides. Their opponents even use our gym facilities and extra tennis courts. The Center is bearing extra expenses. We are still using the same fee schedule set forth by Mr. Gonzales, when he was providing personal favors to his club. Mr. Gonzales covered up the marketing value and our City has lost revenue for almost 10 years. The Sports Center only provides facilities, which is easier for the management. It does not conduct any programs, organize any social events, or run any activities. Non-team tennis players do not know each other and we enjoy our privacy. Everyone pays about $350 and signs a yearly contract. We become passholders and can use the gym facilities, tennis courts, etc. However, our contracts did not disclose the fact that most of the prime-time courts were reserved exclusively for team tennis, for free. Staff conducts business behind closed doors and covers up the reservation sheets. Club officials are well connected with the Department and staffreceive good reviews. 5 Team players are insiders and non-team players are outsiders. Over 80 % of non-team players are subsidizing less than 20 % of team tennis players. Three months ago, Mr. Gonzales disappeared but his legacy continues to live on. The Parks and Recreation Department is still surrounded by club officials, who strongly influence the operation system and take advantage of it. Lately, the Department has started a process to consolidate and secure the old system. The staffhas no intention to make room for more passholders and generate more revenue for the new facility. This evening we would like to propose a marketing strategy for the new Sports Center. Before the renovation, the Center had approximately 850 passholders. It had a huge membership turnover because it has very limited courts at prime-time. This is the key factor in detemfining its full capacity. With the new facility, we propose to open up all the courts at prime-time, which can comfortably accommodate an extra 300-400 longtime passholders, including family memberships. This segment of the market is still growing. It is very profitable and user-friendly. Passholders will renew their memberships when they have an equal chance to reserve all the courts at prime-time. The new facility can increase its capacity by 40 % and generate over $100,000 of extra revenue. It is feasible. We have the best facility at the best location. We are confident that the Mayor and the Council members will make decisions for the best interest of our City. To: Cupertino City Council Members From: Grace and Tony Toy 10130 Crescent Rd. Cupextino, CA 95014 408-257-9900 (press *99 after beep to fax) Email: tony.toy@Sun. COM Date: January 5, 2004 Subj: Cupertino Sports Center Marketing Proposal Response to Parks and Recreation Department Staff Report Agenda Item #25 Agenda Date: November 17, 2003 We would like to list the facts and our comments regarding this report. We have copied three pages (pages 3-4, 3-5, and 3-6) and marked 1-6 for your reference. Below is our feedback. We have also attached a meeting notice following this document (page 5). Staff has addressed the issue and the following are facts and our comments: Cupertino Tennis Club (CTC) at Sports Center 1)CTC players represent less than 20 percent of all passholders. At the beginning of low season (October 2002), team tennis reserved the best lit courts at prime-time, consecutively for two weeks. Thus, prime- time courts have reached its full capacity only to accommodate 17 percent of passholders who participate in team tennis. During high season, they block off more courts for longer hours. They use up over 50 percent of the best lit courts at prime-time year round. Without team tennis, the Center can open up more prime-time courts and accommodate more passholders who will pay fair market price for the service. Our City will greatly increase its revenue. Compare Team Tennis Court Use with City of Sunnyvale 2)Team tennis at other cities such as Sunnyvale cannot choose their favorite courts and times. Unlike our City, their general public has priority during prime-time. Management at Las Palmas efficiently assigns teams to fill up all the courts on weekend afternoons, two hours each, back to back, when courts are in less demand. Sunnyvale players pay for the court fees of their opponents and do not take advantage of anyone. When CTC visited Las Palmas on weekend afternoons, our courts are also wide open. The reciprocal effect does not help to free up our courts. When Sunnyvale players visit us at prime-time and use up our best lit courts, they take away the court opportunity from non-CTC players. Our City does not receive any revenue. CTC can choose to start their matches at anytime. For example, from 7 - 10 PM, court #1 can serve eight passholders without team tennis. CTC matches can only accommodate two passholders for the whole evening. The remaining court time is too fragmented to be used. CTC court use efficiency is only 25 percent of its full capacity and this happens on over 50 percent of the evenings! We oppose team tennis at prime-time. Prime-Time Courts for All Passholders 3)Our facility has 17 courts. Only 12 are lit courts and three of them are permanent teaching courts. Only nine courts are available during prime-time. Staff has over exaggerated the number of available courts by 47 percent. Team Tennis Now and Then (We Only Obtained Partial Data for 2002) 4)In 1994, business was very slow and there were too many open courts. Our City lost $60,000-$100,00 per year to subsidize the facility. USTA League had only one season per year, which was very short. CTC had 70 players, which represented 20 percent of all passholders. Each member can only play on one team and the Sports Center sponsored about five teams. The impact of team tennis was minimal to non-CTC players. In 2002, prime-time courts were very tight in all public and private facilities. CTC matches took away prime-time courts extensively, which could otherwise serve more passholders. The membership turnover is very high at the Sports Center. USTA League is a popular year round event. CTC had 135 players, which represented less than 20 percent of all passholders. Some of them played on six or seven teams. CTC formed 30 teams during the year. They took away too many prime-time courts and too much business opportunity from the facility to serve the public. The impact of team tennis is tremendous, both to non-CTC players and our City. Market Analysis for Public Parks, Private Clubs, and Sports Center 5)The market analysis on page 3-6 is misleading. It greatly underestimates the annual revenue for other tennis facilities. City parks like Las Palmas and Cuesta charge higher rates during prime-time, which is mostly booked up by the public. They have low expenses without any amenities. They have reached their highest potential to serve the public and bring in considerable revenue. Their fees are adjusted yearly to reflect the market demand. Private clubs like AVAC charge over $1,500 per year, not $648 as stated in the report. Most of these clubs have over 700 members, not 150. Over 90 percent of the tennis players join team teimis. Club pros tightly control prime-time court use. For example, at AVAC, members can only play on one team per season and most team matches are played on weekend afternoons. Court use is very efficient. Their reservation system is fair and there is no complaint. Non-tennis players (workout only) pay a much lower fee. Professional staff monitors all usage fairly. In the past 10 years, all public tennis facilities and private clubs have doubled and tripled their fees. In our facility, the fee had remained the same because of shortage of prime-time courts and degradation of service. Even though membership fees are below market cost, turnover rate is still very high, as most passholders quit because they cannot book courts at prime-time. At the Sports Center, all passholders pay the same fees, whether they play tennis or not. CTC players have priority court use during prime- time, without any consideration for non-CTC players. In the Bay Area, only CTC can choose to play at any prime-time court, without any time limit. Court use is inefficient and unfair. Staff does not manage or conduct business professionally. Sports Center can reach its potential by opening up all prime-time courts under professional management. More Information on Public Hearing and Policy Reservation Committee 3 6)In the Spring and Suinmer 2002, staff also granted many personal court use on the best lit court at prime-time to team tennis officials. We asked to see the policy regarding the city support for priority team tennis court use, which the staff had cited for years. Our meetings with staff were fruitless. We requested to enlist this issue during the November general meeting. Staff switched the agenda under our names to the discussion of court #1 reservation policy, and mixed it with the renovation of the facility. Before the meeting, we faxed, emailed, and telephoned the staff to correct the agenda. During the meeting, staff stuck to their agenda. Their written and oral reports were false and misleading, which confused the Commission. After the meeting, we requested and received the meeting notice on court #1, which was mailed out to all passholders except us (see next page). We never had any chance to communicate directly with the Commission. In October 2003, the Department initiated a five-member committee to review and draft a new reservation policy. The Director appointed four positions. Two of them are staff members. Along with a tennis club official, this trio has already formed the majority to grant priority to team tennis. Tony was lucky to win the draw and fill the only public position. Even though he understands that his vote will not be counted, he still represents the interest of all passholders to voice their concern regarding unfair policies. Tony's email listing the problems and inconsistencies never received a reply. His suggestion of using email to discuss the policies was declined. The staff completely ignored him and avoided any of his input on record. In the meantime, all conversations during the meetings were modified, omitted, and revoked on the minutes to change the record. The proposed policies are already in print before voting. They are incomprehensible inconsistent, and unfair. We have also attached our message delivered at the January 5, 2004 City Council meeting in which we also brought up other staff and team tennis problems. Thank you very much. City I-lab 10300 Torte Avenue Cupertino, CA 95014-3255 Telephon,~: (408) 77%3110 I=A~: (408) 77%3366 Webaise: '¢,'ww.a upettino,org 'PARKS AND RECREATION ADNflNISTRAT[Olq October 28, 2002 To: All Cupertino Sports Center Pass Holders: MEETING NOTICE The Cupertino Parks and Recreation Commission will be listening to pass holder views on how the stadicttn court (Court #l) shotlld be utilized during prime time: · Thursday, November 7 · ,. 7p,m. · City Hall, 10300 Tone Avenue, City Couucll Chambers All pass holders are welcome to attend and express their vie~s. The meeting will also be televised on Cable Channel 26 and webcaqted at www.euoenmo.org. Cupertino Sports Center Mm~agement ALL- -T'I-IE ROLES. OU~ PROPO.SE~ AG~N2)A IN qOES'TtOg OF TI-t~ C~'TY ,5'o?FOR. T Fo,e. PR~oRiT/ TEAM POLIC~' WA5 $i, dj'TCklWD To 'THg . POBLiC ~£e/,f~>tNG COuR. T ~i RF-S~R.V^'DoN ?OL) C'/. WF_ /2.£CEIVE_~ THIS NoT/C[ AFTER 'TH[ OENE~AL ME£'T/NG, ,~@ 3g*'0d OHIiN3dF.F.) JO AIiO 9'3E£LZZBv}V 8c*:'3T .5 CITY OF CUPFP TINO Parks and Recreation Deeartment STAFF REPORT Agenda Item Number Agenda Date: November 17, 2003 SUBIECT Receive a report regarding the Sports Center marketing proposal presented by Grace and Tony Toy on November 5, 2003. ISSUE On November 5, 2003, Grace and Tony Toy, under Oral Commun/cat/ons, proposed that the Cupertino Sports Center could generate an additional $100,000 in revenue per year if Team Tetmis use of the courts during prime time hours was eliminated. Per the Toy's proposal, this change would open the courts up and enable the center to attract more pass holders. For your convenience, the proposal they distributed at the November 5 meeting is attached. Some important points: · . Ail members of the Cupertino Tennis Club that participate in Team Tennis are annual pass holders. They are required to purchase an annual pass, whether or not they play year-round. Therefore, they are not displacing players that would otherwise purchase an annual pass. It is trna that players fr~m other cities compete on our courts w/th Team Tmmis players, and that they are not pass holders. However, Cupertinians receive reciprocal treatment at other facilities and, consequently, play elsewhere half of the time. This frees up space at the Sports Center. During prime time hours, the Cupertino Tennis Club will have access to a maximum of five courts (of 17 total courts) during the months of April through August and a maximum of three courts from September through February. BACKGROUND Attached are minutes from the 1994 City Council meeting and the Parks and Recreation Cormnission meeting where current policies were considered and instituted. The Cupertino Tm~nis Club was initially formed in the 1970's as a co-sponsored club. The club used courts throughout Cupertino. When the City purchased the Sports Center, the matches were moved there and court number one, the stadium court with bleachers, was used for competition play. Initially, the club members paid an hourly rate for court usage, but as membership grew, Printed on Recycled Paper ~'~ ~ / November 17, 2003 Page 2 of 2 5 staffwas asked to evaluate the fairness of the Teanu Te~mis hourly rate. The outcome, as revealed in the attached minutes, was that all termis club players were required to purchase annual passes. Staffhas contacted private tennis facilities and other murficipalities to see how our fees compare for tennis club usage. The surmuary is attached. Because club members are required to purchase an annual pass, the fees they pay for court time are considerably higher than fees paid by members participating in other cities. This is only fair given the amenities they have access to within the Sports Center. Conversely, our municipal sports center fees are significantly less than private clubs. The Toy's have made numerous six-minute presentations to the Parks and Recreation Commission: December 2, 2002, February 6, March 6, June 5, July I0, and August 7, 2003. In addition, the Parks and Recreation Commission held public hearings with pass holders in November 2002 and again in October of this year to discuss various issues raised by' the Toys. The Commission recommended that a committee of pass holders be formed to evaluate the reservation system (specifically the reservation of courts for Team Tennis play) and that committee has been formed. Tony Toy is a member of the comrnittee. STAFF RECOMMENDATION No Council action is needed at this time. Staff will forward any recommendations for changes made by the pass holder committee, if appropriate. SUBMITTED BY: Therese gm~brosi Smith, Director Parks mid Recreation Department APPROVED FOR SUBMISSION TO CITY COUNCIL: David W. Knapp City Manager g:\parks ~nd recreation admin~ports center'reports\business plan to cc 1 ] 1703.doc MARKET ANALYSIS Private Agencies Estimate # USTA member~ San Jose Swim & Racquet Club 150 C°urtside 15~ Los Gatos Swim & Racquet Club 150' A__lmaden Valley Athletic Club150 City-Owned Club Estimate # USTA member~ City of Cupertino 150 Ci~ty Parks and Recreation Estimate # of Court HourE Mountain View S---unnyvale 1010 Milpitas 1010 Los Altos 1010 11/17/2003 $1,200 $3,000~ $1,320 Cost per-- $350 Cou~ cost per hot -- $6.00 $9.0( $15.o, $2.oo --A~-~ u ~1 Re~en u~-e $180,00~ $ oC6 $198,000 $97 Annual Revenu, $52,500 Annual Revenue $9,090 $15,150 $2,020 Subject: RE: Staff Foul Play with Dual Reservation Policy Date: Tue, 09 Dec 2003 17:26:01 -0800 From: Therese Ambrosi Smith <ThereseS @cupertino.org> To: Tony.Toy@Sun. COM Tony- I want you to know that I have read your email. Therese Smith ..... Original Message ..... From: Jeanne Bradford [mailto:jeanne@dynamic-results.com] Sent: Tuesday, December 09, 2003 5:00 PM To: Therese Ambrosi Smith Subject: FW: Staff Foul Play with Dual Reservation Policy ...... Forwarded Message From: Tony Toy <Tony. Toy@Sun.COM> Reply-To: Tony. Toy@Sun. COM Date: Mon, 08 Dec 2003 23:58:22 -0800 To: thereses@cupertino.org Cc: jeanne@dynamic-results.com, rodney_e_brown@yahoo.com, rpeng®fcpa.fujitsu.com, fjelinch@juno.com Subject: Staff Foul Play with Dual Reservation Policy I uphold your proposal to serve all passholders so as to e~brace the Sports Center. AS you have observed during the meeting, I am concerned about meeting the deadline and suggested that we speed up our process through email before the holidays. I am energized and participated positively. I care. On the contrary, Mr. McCarthy once again went overboard. He used me as a bad example for passholders, pointing out that I leaned over the counter to see the reservation sheet. A year ago, it was open to all passholders, without any political issues, before management problems surfaced. Furthermore, when I asked to see the reservation sheet (to collect data so as to formulate policies to mitigate prime time congestion and help my group solve problems), he brought up my personal issue and questioned whether I was looking for someone's name and telephone number. Ail I was requesting was a yes/no answer. He led the meeting with arrogant statements, comments, questions, and attitude towards me, as usual. However, contrasting to our private meeting last October when he spent four hours interrogating, humiliating, and bashing me without accomplishing anything, he has toned down so much that I should not complain. I genuinely have a desire to move on and disregard these closed door personal attacks. Unfortunately, the following issue is eminent and deserves your attention and action: The new court #1 Reservation Policy started on Wednesday, 10/15. I heard from some passholders and staff that the week goes from "Wednesday to Wednesday." Instead, Grace and I were given harsh t~rms. Susan, who works the morning shift, automatically rules us out from reserving court #1, assuming that we already had a reservation. We were confused. We missed a few opportunities because of her mistakes, which she would admit later. After we had called back, court #1 had been taken by then. Our court ~1 reservation had also been mistakenly removed without notice. I especially asked her to explain the policy. She said that I can only reserve court #1 seven days after my previous reservation, regardless of when the week started. I figured that if a passholder had reserved court #1 on Thursday and there were a CTC match next Thursday, he would have to wait until Monday (ll days later) before he has the opportunity to reserve court #1 again. Grace also verified with Ms. Manning that same afternoon; Ms. Manning echoed the same statement as Susan. Grace then proceeded to ask whether the policy is the same for team tennis. Ms. Manning said that they can choose when to start their week and then change it anytime. Team tennis does not have restrictions like passholders. Grace commented that this is an unfair "dual policy." On 11/14/2003 during our first meeting, I suggested that the new policy should be consistent in defining "a week." I recommended "Monday to Sunday" to be the standard. Mr. McCarthy said "Wednesday to Wednesday" is good for team tennis. If next week were Christmas and they would not be using courts for two weeks (USTA blackout weeks), they would be able to use up their Wednesday and Thursday quota ahead, so that they could have four consecutive days to play on court ~1 the week before Christmas and other holidays. Mr. McCarthy is very thoughtful in nurturing team tennis. After the first meeting, on Monday, 12/1, I emailed Ms. Manning my feedback for the two policies. On item 7, I wrote "Currently, 'per week' has two definitions. A passholders can only make a court #1 reservation at least seven days after their last court #1 reservation. CTC can make two reservations without this restriction. It is unknown how CTC defines one week. Thus, CTC can possibly make four reservations within a seven day period, or four consecutive days. This is inconsistent (since CTC has chosen their dates a few months in advance, it further limits the courts available for the passholders who can only reserve court #1 after the seventh day, only if there is no CTC match)." I have expressed my point very clearly. Ms. Manning's brief reply is as follows: "Thank you for your email, I will add these items to the agenda, for the next meeting on 12/5/03. I checked my out box and I have sent you responses to your emails" (I did not receive any email from her during that period). Ms. Manning is very thorough and works in detail. According to the Ground Rules, "Minutes of each meeting will be prepared and emailed to all members, members agree to verify accuracy of minutes within 48 hours." I never received the minutes prior to the Friday, 12/5, second meeting. I finally received the minutes, when the meeting started and surprisingly found out that everyone else had already read through it days before. Ms. Manning claimed that it was "on the file rack" and that I should have picked it up a couple of days ago, like everyone else. The team tennis schedule (which I had asked for a few times and Ms. Manning had promised to post over a month ago) was also already there. I felt left out. Even though this miscommunication is unprofessional, I can bare with it and look ahead. I would not have written this message if it had stopped there. In the minutes, she wrote "Tony stated Susan made a mistake scheduling court one and she admitted she looked at the wrong date. Tony would like to see the reservation system change from Wednesday to Wednesday to Monday- Sunday. Colleen stated the new policy took effect on a Wednesday and that is why the reservations are taken Wednesday- Wednesday. Don stated we will work with Susan to improve the accuracy and we will revisit this subject at the next meeting Action Items: Court One reservations being taken from Wednesday to Wednesday or Monday-Sunday." It is not a mistake or another miscommunication. After the ordeal for over a year, when we are looking forward to move on, here comes the reply! After the meeting, Grace and I finally woke up and realized that we are the only two passholders bounded by this restrictive, confusing and suppressing policy. Wow! What a plot! The ultimate reason why I am reporting to you is that in this round, I have embarrassed our City and the Sports Center in misleading many passholders. Ever since I became a member of the "Reservation Policy Committee", many passholders contacted me in regards to all kinds of policies. A few of them brought up the court #1 reservation policy as "Wednesday to Wednesday", which is inconvenient. I persistently and patiently explained to them that my instruction to interpret the policy comes directly from the manager. Most of them were convinced and regulate their own reservation thereafter. I also promised to relay their preference for "Monday to Sunday" during the meeting. Being a leader for my tennis buddies, I have a good reputation among many passholders who are not affiliated with any group. They embraced and encouraged me to be a pioneer to carry out their mission. On the other hand, I am aware that I have aroused the emotional upsets of hundreds of others. They did not attend the 12/4 Parks and Rec general meeting, and they did not know that we had resumed our 10 year flawless court use record, which is an honor to me. While I labor to regain and establish their trust, I stumbled again. Instead of establishing a long term, fair and consistent reservation system, I have widely and falsely interpreted the first major policy, in which I am the only victim. May I ask you how I can entrust and work with staff, as a team, for a prosperous and harmonious future at the Center? I understand your dedication and enthusiasm. I truly believe that you have no knowledge and no reason to direct this foul play at this critical time. Nevertheless, staff members Mr. McCarthy and Ms. Manning are still in on it. Is there any hope that they will ever drop it so that all of us would genuinely contribute to the success of the Sports Center? Regards, Tony Toy P.S. The staff should "post" (not put in a rack) a memo on when to start the week. Most passholders follow the USTA match schedule, which goes "Monday to Sunday." "Wednesday to Wednesday" is only catered to team tennis but is confusing for most passholders to schedule their matches. Please pick one. I will direct my group to read the memo. Let's get it over with ASAP. I understand that this is the task of the Committee. Please instruct me to Cc: to them if necessary. ...... End of Forwarded Message Subject: Update to Staff Foul Play with Dual Reservation Policy Date: Wed, 31 Dec 2003 13:37:37 -0800 From: Tony Toy <tony.toy~Sun. COM> To: jeanne~dynamic-results.com, rodney_e brown~yahoo.com, rpeng~fcpa.fujitsu.com, i]elinch~juno.com In the round of "Staff Foul Play with Dual Reservation Policy", we feel sorry that the management has spent so much energy (which translates to extra expenses under a tight budget) for revenge° We are sending out this update because sadly, we sense that another wave will be coming from the frontdesk staff who actually assign the courts and monitor our activity. Except for Susan, all the frontdesk employees are short-term, college-bound youngsters. It is their past-time and no one has pursued a career within the department during the past 10 years. We have seen a few capable, hard-working, and ambitious employees who are frustrated with the unfair management and low work morale. They have made the right choice and have already moved on. Susan, who works the morning shift, is very different. About six years ago, she was given instruction to treat us unfairly. She skillfully used different methods such as screening the callers, rearranging the order, and switching the clocks, etc. We also had two lengthy, fruitless meetings with Mr. McCarthy who brought in our personal issues and bashed us. Subsequently, we contacted Director Mr. Dowling and had a few telephone conversations with him° How Mr. Dowling disciplined the staff was not made public. Susan finally observed the seven-day first come, first served reservation policy. For a few years, she never overstepped too far and too often, and this issue had quieted down. Her collaboration and loyalty to Mr. McCarthy and the former manager were rewarded with job security and full-time employee benefits (the only staff position aside from the manager). When the reservation sheet is tightly concealed and management is fully backing her up, she has made many intentional "mistakes" to short-change us. Over a year ago, only a handful of higher level frontdesk staff like Susan had collaborated with management to treat us unfairly. Most frontdesk staff chose not to participate and stayed out it. Under the new manager, we can see a dramatic change. The former manager was a long-time tennis player. He was in and out during prime-time and would occasionally fill in the shift at the frontdesk. When the courts were tight, he could easily identify most CTC groups with back-to-back reservations. On most evenings, the majority of the courts were (and still are) being double booked by these groups. He would take away and reassign these courts. We are the only handful of passholders who abide by the court use policies all the time (we have reported these abusive situations to Ms. Smith a year ago). The new manager Ms. Manning never played tennis, never serviced the frontdesk, never worked in the evenings during prime-time, never attempted to recognize passholders and CTC groups (except CTC officials), never had hands-on experience regarding court use, and never managed a tennis facility. She has the privilege that she does not need any of the above. She is very skillful in writing reports and minutes, drafting impractical, harsh, ambiguous policies which cannot be fully and fairly implemented to run the business. These policies are designed to target a few passholders who speak up from their hearts, like us. She has dramatically changed the profile of the frontdesk staff to achieve her goal. Ms. Smith appointed four positions among the five-member Reservation Policy Committee. Mr. McCarthy, MS. Manning, and tennis club official formed the majority. Tony surprisingly won the lucky draw to represent all the passholders, but his vote will definitely be singled out. Ms. Manning writes up the minutes before attending the meeting and the staff's proposed policies are already in print before voting. Staff skillfully planned their "dual policy" strategy. First, they hampered our reputation during the October 2003 meeting. Thereafter, even if we had found out, it was too complicated and too difficult to draw the attention of any authority. It would be just another "he said, she said" situation without any proof. The scenario changed when we resumed our reputation and Tony participated in drafting the new Reservation Policy. Thus, we had many chances to cormmunicate with other passholders and staff, and gained a better understanding of different definitions and requirements on reserving court #1. After the second meeting, we finally figured out that the staff had applied the harsh condition only to us. In our email to Ms. Smith, we suggested that the management should make up for it by posting a clear reservation policy, "once per week, starting on Monday", as requested by most passholders. We wanted to quietly leave it behind and move on. Unfortunately, every time we discovered a fraud, management would aggressively seek another new plot to cover it up further. The management had previously lobbied and attempted to mislead the Commission in condemning us. This time, a more aggressive and comprehensive tactic had been applied to brainwash and rejuvenate the frontdesk staff. The frontdesk staff was convinced that they had misinterpreted the previous instruction of weekly court #1 reservations from Wednesday to Wednesday, and that we had complained to the authority. The frontdesk staff was grateful that their mistakes had been covered up when the Toys accused them. Their resentment towards us had been established. Some of the frontdesk staff blatantly said that they had never heard of Wednesday to Wednesday, when we actually overheard the same staff explaining it to other passholders. Some of them were confused and said that they were not clear about the issue. Most staff also specially pointed out that everyone had been treated in the same way, when in fact, they had paid special attention to monitor us. Their words had been scripted and the fraud had been covered up very smoothly. When the reservation sheet was open to the public, staff was responsible for checking in players, marking off the courts, and reassigning courts if there were no shows or cancellations. We would check out the reservation sheet and notify the staff of any open courts to mitigate the court shortage. When the reservation sheet is covered up, frontdesk staff do not have to follow any rules and they are relieved of all their responsibilities. When they are well protected, our City loses its check and balance system. The higher level management is even more corrupt. Tony's email listing the problems and inconsistencies of the new policy never received a reply. His suggestion of using email to discuss the policy issues was declined. They completely ignored him and avoided any of his input on record. In the meantime, all discussions and announcements during the Reservation Policy Committee meetings were modified, omitted, and revoked on the minutes to change the record. The new court #1 policy has been in affect since October 15. Hundreds of CTC members who previously complained that they could not book court #1 have lost interest. Court #1 is no more busier than other courts. The most valuable resource of our facility is often sitting empty. There are a lot of no-shows and the management had secretly and extensively exercised their power of discretion to pardon these undisclosed violators. No one was reprimanded. On the other hand, frontdesk staff work hard only to monitor us. When our 1 ~ hour court time is up, they would kick us off court #1 even if no one has reserved the court after us. Other CTC groups can keep playing to fill in the space. While all passholders can only reserve courts for 1 ~ hours, CTC players can stay on court #1 (or any court) for a match, which can extend beyond three hours. They have no time limit and are very well-protected. While we have no way of checking out how and to whom Susan assigns court #1, CTC can take up court #1 for a whole week during prime-time. There is also no disclosure that CTC can reserve all the better lit courts for a few consecutive weeks, every evening, during prime-time. The old policy allows a paid guest the freedom to use our facility, like any passholder, after he/she has signed in and reserved a court. Since we invited the most guests, the new restrictive guest policy is designed to solely target our guests. Staff who recognize our guests would follow and watch them closely, to enforce the rules. Our guests cannot reserve courts. They can only share the same court with us and leave the facility promptly thereafter. Being the host, we cannot take a break or have any injury. Our guests cannot stay over for any reason. It is very easy to frame us. CTC players always play with the same groups and they do not have to purchase guest passes. On CTC evenings, the Center has an open door policy after 5:30 or 6:30 PM. When the reservation sheet is covered, intruders can easily take over any open court, whereas we were denied courts frequently. They can attend any workout classes, use the gym and shower facilities, etc. They have no restrictions and no one will be responsible. CTC opponents also enjoy more privileges than non-CTC passholders like us. They can play on court #1 for over three hours during prime-time. CTC players often visit their opponents during non-prime time, when our courts are also wide open on weekend afternoons. The manager and frontdesk staff cannot distinguish between the passholders, day pass users, paid guests, and the intruders. There is no patrolling within the facility. Only our guests are being singled out. In all private clubs, courts are assigned and controlled by the pros. Ail members can check out the reservation sheet. Team tennis opponents do not have a chance to take over any courts. Since all members know each other, back-to-back overbooking never happens and this opens up more courts. The management is fair and respectful. There is no cover up and thus, no complaints. Everyone has an equal chance. Staff never has to cite an a~nbiguous policy and use their discretion to target two members, as the current practice at our facility does. During the October meeting, the Committee had entrusted the management staff to formulate a fair policy and empowered them to exercise their discretion. The Commission should be informed of the development, application, and intention of these new policies. The Commission has created another great opportunity for the managing staff to openly and aggressively punish us! In November 2002, Ms. Smith acknowledged that we had been doing everything right and that she would seek to change the policy. She plays the game very well. Thank you very much for your attention. Subject: RE: Court gl Reservation and Usage By Our Guests/Documentation forTeamTennis Policy From City Council Members Date: Thu, 04 Dec 2003 11:51:26 -0800 From: Therese Ambrosi Smith <ThereseS @ cupertino.org> To: Tony.Toy@Sun. COM CC: Don McCarthy <DonM@cupertino.org>, jeanne@dynamic-results.corn, rodney_e_brown @ yahoo.corn, rpeng @ fcpa.fujitsu.com, kriswang88 @ hotmail.com, fjelinch@juno.com, Colleen Manning <ColleenM@cupertino.org>, danag @ lifetimetennis.com, eggower @ earthlink.net I want to acknowledge that I have read your message. Regards, Therese Smith Thank you for writing to me. ..... Original Message ..... From: Tony Toy [mailto:Tony. Toy@Sun. COM] Sent: Thursday, December 04, 2003 11:03 AM To: Therese Ambrosi Smith Cc: Don McCarthy; jeanne@dynamic-results.com; rodney_e_brow~@yahoo.com; rpeng@fcpa.fujitsu.com; kriswang88@hotmail.com; fjelinch@juno.com; Colleen Manning; danag@lifetimetennis.com; eggower@earthlink.net Subject: Re: Court ~1 Reservation and Usage By Our Guests/Documentation forTeamTennis Policy From City Council Members Dear Ms. Smith, Thank you for your email. Your assumption is correct that Tony will work very hard to represent the interest of current and future passholders. He will address any issue if it is deemed necessary. You wrote "... From comments that I have received from staff and other committee members, this is not the case." Please specify. Do you mean that Tony does not work hard enough to be on the Committee? With our combined experience, knowledge, and passion, Tony has listed our reasonable, general concern regarding the two drafted policies on the ll/1 email, which was also Cc'ed to all related parties. These drafted policies will produce the identical outcome, as in the current unfair situation. Why then would we bother to change a few words so as to maintain the old essence? We should open our minds and accept that change is sometimes good. Ms. Manning will include Tony's list on the agenda for discussion. We would like to hear from other Committee members. We wish that our voice has been heard and considered, and that our stride to achieve fairness will make some difference to all passholders. In regards to our request to Mr. McCarthy to respond through email, we do not expect to take so much of a toll on him. As you know, we have been labeled as abusive, manipulative, and destructive by hundreds of acquaintances. We wish to have a few words of acknowledgment from him to clarify the issue. Only you and Mr. McCarthy could verify our innocence and resume our flawless court use record. We sincerely appreciate your offer to close this chapter and move on. We pray that we will not have to play our matches under intense surveillance every night. It is not too much fun to be accused. Thank you very much. Therese Ambrosi Smith wrote: > > Dear Mr. and Ms. Toy, > Up to this point, I have assumed that you wsre interested in working in the best interest of sports center pass holders, and that you were raising important concerns that deserved our attention. From comments that I have received from staff and other committee members, this is not the case. > I will be sitting in on Friday's meeting, as an observer, to make sure all points of view are acknowledged, and that the committee will be abls to complete its work within a couple of meetings. I can't promise that the reservation policy will be what you want, but your voice has been, and will continue to be heard. Our job is to run the center for the greatest overall benefit, not for the benefit of the individuals that complain the most. > In the meantime, in reviewing my file on this matter, I believe Don has put more than enough energy into your complaints, which in some form or other, have been ongoing for years. I am concerned about the time this is taking away from what I need him to focus on, that is, opening the new building. > Address your reservation concerns to the committee and help i~ complete i~s work. Tony is a member of the committee, you have a voice. It is time to bring this chapter to a close. > Best regards, > Thereee Smith > ..... Original Message ..... > From: Tony Toy [mailto:Tony. Toy@Sun. COM] > Sent: Tuesday, December 02, 2003 3:55 PM > To: Don McCarthy > Cc: Therese Ambrosi Smith; jeanne~dynamic-results.com; > rodney_e_brown@yahoo.com; rpeng@fcpa.fujitsu.com; > kriswang88@hotmail.com; fjelinch~juno.com; Colleen Manning; > danag@lifetimetennis.com; eggower~earthlink.net > Subject: Re: Court #1 Reservation and Usage By Our Guests/Documentation > forTeam Tennis Policy From City Council Members > > Our email is addressed to you, not the committee. Please respond to us through small. Please re-read the first paragragh of our original email. "Court #1 Reservation and Usage By Our Guests" is a personal issue. Please respond through email so that all interested parties will be informed and thus, make their own judgement accordingly. > > For years, we have questioned your verbal Priority Team Tennis Policy. Last year, our 11/7/02 agenda on this issue had been switched to court #1 reservation. We were never given a chance to address this. It was not until the October 2, 2003 Parks and Rec general meeting that you officially announced this "support" by City Council memners. Please email us the document to verify your words. > > Grace and Tony Toy > > Don McCarthy wrote: >> > > Thank you for your e-ma//. The reservation policy committee will attempt to address your concerns at our meeting this Friday December >> > > ..... Original Message ..... > > From: Tony Toy [mailto:Tony. Toy@Sun. COM] > > Sent: Monday, December 01, 2003 10:26 AM > > To: Don McCarthy > > Cc: Therese Ambrosi Smith; jeanne~dynamic-results.com; > > rodney_e_brown@yahoo.com; rpeng@fcpa.fujitsu.com; > > kriswang88@hotmail.com; fjelinch@juno.com; Colleen Manning; > > danag~lifetimetennis.com; eggower@earthlink.net ~ > Subject: Court #1 Reservation and Usage By Our Guests/Documentation for > > Team Tennis Policy From City Council Members > > During the 11/14 Cupertino Sports Center Reservation Committee meeting, you set the ground rules that "each individual is here to represent their group, not their individual ideas" and "all members agree to be respectful of each other and listen to all sides presented." You were the first member to break these rules. At least six times, you explicitly said that "you play at court #1 for three hours every night." This is a false accusation by a Recreation Supervisor during an official meeting. ~ > Ail managing staff should resign if such extensive violations of policy had existed for years but was not disciplined at all. > > We would like to disclose the trap set up by staff and keep our record straight. On 11/15/02, we emailed and faxed a letter to Ms. Smith and Cc'ed you on the subject of questions regarding policies for Toys' paid guests (see attachment). We wrote: >> > > "We were not allowed to transfer our guests' names onto the reservation sheet. Our guests can only use up our court time; furthermore, they cannot stay over for half an hour and play singles by themselves. Mr. Gonzales claimed that once we take off our names, he will personally take over the court. He will put his name and passholder number on the reservation sheet and we would lose our court ... He referred us to seek explanation from you. Do you have different policies for: > ~ 1)the general passholders, their guests, and daily passholders ~ ~ 2)team tennis officials > ~ 3)the Toys > > 4)the Toys' paid guests" ~ ~ For six months, staff retaliation had not been corrected. During the 5/1/03 general meeting, we gave examples in four situations when staff was unfair to us. Once again, we pointed out that our guests could only use up our court reservation. Their court time and rights were deprived, we asked for an explanation from the management staff. We never received any response, as usual. >> > > The staff intentionally created an impression that we "play" on court #1 for three hours. It is misleading. We usually have two groups of guests. The early ones would purchase day passes and hit on court #1 by themselves. Our guests are not aware of the following traps: > > 1) They were not allowed to change the reservation to their names while other passholders' guests have no restrictions. > > 2) The staff should transfer our reservation to our guests when we were not using the court, but they never did. > > 3) Our guests did not realize that staff would later use the covered reservation sheets to accuse us of playing for three hours. > ~ We would arrive later and play doubles with a second group of guests. If the first group left early, we would properly cancel the last 1/2 hour before our match started. Thus, we were accused of having too many cancellations. Sometimes we would invite six guests and play two doubles matches of 1 M hours each. We never overbook or play beyond our designated court times. > > In the same letter to Ms. Smith, we wrote" ... you said that we had been doing everything right and therefore, the staff could not do anything about it. Thank you for your compliment. You will seek to change the policy." Ms. Smith never dropped by the Sports Center but she is well aware that we abide by all rules. Who provided her with this information? >> ~ ~ For years, all Tennis Club officials, the manager, as well as a few designated employees, gauged and recorded every minute of our court time. They worked very hard but no one ever found any problems of excessive use beyond 1 1/2 hours. If we had ever violated any minor rules, we would have been kicked off the court and expelled from the facility immediately. Nevertheless, we have a perfect court use record and therefore, the staff could not get rid of us. Many times we had declined your offer of > > a refund and to quit the Sports Center. S~bsequently, management had greatly overstepped their authority to give us a hard time in many ways, to force us to quit. > > Every year we invite a few hundred guests. Staff eliminated all their court use records and registered their court time under our names. The reservation sheets are solely controlled by staff to entrap us. The truth is that our court time also includes hundreds of hours of unlisted guest usage, which cannot be detected from the reservation sheets. > > You were correct when you reported to the Commission that the staff did not enforce the rules when the use of court #I had been abused and manipulated. Very often court #1 was granted to Tennis Club officials and team captains extensively, for personal use. We just happened to catch some of their matches onsite. Was the former Cupertino Tennis Club Coordinator reprimanded? In fact, reservations granted in this manner were not on record. Even lately, we have seen staff scribbling and erasing old > > reservation sheets, which were routinely covered up. >> > > Ever since the change in court #1 reservation policy, all day pass users and paid guests are excluded from reserving court #1 even though they pay premium court fees. The new policy works against the interest of our City. Its operation had not been fairly implemented. >> > > For years, you informed us that our City has granted priority court reservation for team tennis and therefore, they choose the best courts at prime time as often as they want, inefficiently, without restriction. However, you refused to put the terms in writing. > > During the 10/2/03 general meeting, you reported to the Commission that our City Council had made the decision to support team tennis. The Commission understands that they have to comply with the existing City policy. As a consequence, the Commission had voted on the New Team Tennis Policy based on this City Policy and the staff's recommendation. Please provide documentation on the "support" that the Council members had granted to team tennis. We had requested this official documentation in an > > email dated 11/2/03 but have yet to receive a copy of the documentation. ~ ~ Thank you very much. Subject: Oral Communication from 12/4/2003 Parks and Recreation Commission Meeting Date: Wed, 10 Dec 2003 11:00:49-0800 From: Tony Toy <tony.toy~Sun. COM> To: jeanne~dynamic-results.com, rodney_e_brown~yahoo.com, rpeng~fcpa.fujitsu.com, f~elinch~juno.com CC: ThereseS~cupertino.org We (Grace and Tony Toy) delivered the following message during the 12/~/2003 Parks and Rec general meeting: Good evening. We are Grace and Tony Toy. Tony has just passed out a package, which includes 3 emails which had been Cc'ed to the Commission and staff. The first one is our corament on the October general meeting. The other 2 were letters to staff, Ms. Smith, and Ms. Manning. We would like to highlight a few points. In the second email, we are relieved to receive a clearance from our bad name and resume our perfect court use record for 10 years. As for the outpour of emails, we take responsibility in being the whistle blowers. Since the Center does not have head pros to monitor the courts on team tennis evenings, we alerted the st~ff that some visitors are using up our courts. We felt that it was the right thing to do even though staff never handled it properly. Some of the emails are from our friends. We can see from their point of view that they are compelled to send the same message to the Commission; otherwise, they will not be able to play on the team. In the same way, we also revealed that many courts were granted to Club officials -- for personal use. They were not on record. We just happened to be there and nobody else would have figured it out except us. We also want to point out that CTC is the only group in the Bay Area that enjoys prime time court use without any restriction. We have the best courts. Our City set the function of the Sports Center to accommodate individual passholders, seeking a quiet tennis environment. It is not a club and a home court. It does not have the infrastructure to monitor team tennis visitors who will use our facility. After the grand opening, we need a security system unless the authority prefer to ignore it, as in the past. I was very lucky. My name was drawn among many entrants to represent passholders on the Reservation Policy Committee. In the third email, I have listed my concerns to Ms. Manning on the two policy drafts. They are very similar to the current policies. They cover up the unlimited court use privilege granted to CTC. It is inconsistent. Rules are ambiguous. We are the only two under intense surveillance. Staff extensively exercise their discretion without a standard. We watch our court time and our backs. Still, our courts had been canceled anonymously and we have been denied courts frequently. Staff is erasing and scribbling on old reservation sheets. A good policy should be fair, well defined, and cover every aspect. It does not need fine print or special interpretation. The new policy should fairly recognize the existence and benefit of different user groups. If a Committee is uncomfortable in listing an item, and leaves it blank, something is hiding and it has to be fixed. Currently, the court reservation policy in the welcome package did not mention CTC at all. New passholders do not know that less than 20 % of passholders, who are CTC players, block off 50+ % of the prime time courts. Many non-CTC passholders just -- could not get courts on team tennis evenings and therefore, they have never seen or heard of CTC. They are consumers who pay for a city facility but their contract did not disclose the limitation on court designation. It is my responsibility to ask the Conm~ittee to incorporate this disclosure in the new policy so that no one will be surprised and disappointed after they sign the contract. I hope our Committee will be creative. We should make the best use of both prime-time and non-prime time courts, to make room for new passholders in the grand opening. I will look after the interests of my group. AS I work through every detail, I was asking who will represent the City. Perhaps the staff or Commission could use .the rest of my 3 minutes to answer my question. Thank you very much. Since there was no discussion, we quoted the last two paragraphs from the first email: "We appreciate the fact that each of us was allowed three minutes in the 'oral communications' session to highlight problems regarding prime time tennis. Unfortunately, information spread out in a 12-month span is too sketchy and fragmented for decision making. We truly believe that the Commission had approached this issue with an open mind and a desire to resolve the problem. It is also logical and predictable that the staff's rounded-up recommendations were adopted. Staff did not propose any alternative to be considered. We wish that this issue had been handled openly and properly. The .Commission will have a different perspective if we were given a chance to conduct direct communication with all Commission members across the table, not behind the microphone in three minutes." From: Dan Clarke <danclarke@sbcglobal.net> X-Accept-Language: en MIME-Version: 1.0 To: Tony Toy <tony.toy@sun.corn> Subject: Tennis courts at CTC To: Tony and Grace Toy Dear Tony and Grace, In early January, I sent the following email to Ms. Therese Smith at Cupertino Parks and Recreation Commission. It was my second correspondence with her on the matter of equitable usage of the tennis courts at the Cupertino Sports Center. I am very disappointed that I never received her response. Please submit both of my letters directly to the Parks and Recreation Commission during the June 5th general meeting. Thank you very much. Regards, Dan Clarke January6, 2003 City of Cupertino Parks and Recreation Commission c/o Therese Smith 10300 Torre Ave. Cupertino, CA 95014 Dear Ms. Smith, On November 22, 2002, I emailed a letter to the Cupertino Parks and Recreation Commission c/o Therese Smith. In late December I received a response to my letter from Mr. Richard Gonzales. While I am most grateful for the letter from Mr. Gonzales, I am still concerned that the letter might not have reached the intended audience - the City of Cupertino Parks and Recreation Commission. In his letter, Mr. Gonzales made some assertions, which I have no way of verifying. I would appreciate very much if I could have a reply from you or another member of the Cupertino 'Commission. If you would please submit my letter directly to the Commission as soon as possible and verify with me that it has been submitted, I would appreciate it very much. Thank you, Dan Clarke Member #1702 Cupertino Sports Center November 22, 2002 City of Cupertino Parks and Recreation Commission 10300 Torre Avenue Cupertino, CA 95014 Attn: Ms. Terese Smith Subject: Equitable Use of Tennis Facility: Opposition to policy re USTA Team Tennis on Weeknight Evenings; support for current 7-day reservation policy Hello, My name is Dan Clarke. I have been a card-holding member of the Cupertino Tennis Center for the past 2 years. During that time there have been several occasions when I have tried to reserve a court that is lighted for an evening match, only to be turned away because many of the lit courts are in use by teams playing USTA team tennis. While I realize the enjoyment that serious tennis players receive in playing team tennis, it really seems unfair to give them higher priority in the use of the courts. After all, there are others of us who are also serious players who wish to play after work on weekdays, and who pay the same dues as those playing team tennis. As a matter of fact, half of those playing team tennis are from other clubs, either as opponents or as free, invited guests. So I, as a dues paying member of Cupertino Tennis Center, am being refused the right to play on a court while others who do not pay dues are being allowed the use of the courts that have been specially set aside by Club management for the USTA teams. How can this be seen as an equitable arrangement? Moreover, when I joined the Cupertino Tennis Center, I received a contract. Nowhere on the contract is it mentioned that certain members will receive priority in scheduling courts over other members. I really believe that this is an inequitable and basically unfair use of the tennis facilities, and I would like to hear from you as to how you plan to address this issue. Personally, I feel that the current 7 day advance registration policy is excellent, and should be administered equally to all members, regardless of whether they are playing on a USTA team. Yours truly, Dan Clarke Subject: Response to October 2 Parks and Recreation Agenda Date: Wed, 05 Nov 2003 14:48:24 -0800 From: Tony Toy <tony.toy~Sun. COM> To: jeanne~dynamic-results.com, rodney_e_brown~yahoo.com, rpeng~fcpa.fujitsu.com, kfiswang88~hotmail.com, f]elinch~juno.com, thereses~cupertino.org, donm@cupertino.org We would like to thank the Commission for attending the October meeting and trying to understand the issues and problems. It is difficult to make the right decision with biased, inconclusive information. We especially appreciate your efforts in exploring options to improve the lighting. We will help to raise the funds. The Commission had received partial information (mostly from staff) regarding court #1 reservations and team tennis at prime time. We have some feedback and questions as follows: I. On October 2, our message to consider the interest of our City was relevant to the agenda "Consider and Formulate Policies for Tennis Court Reservation at the Sports Center." This is a very important aspect because our City is the service provider with millions of dollars of capital investment. We have listed many examples from our neighboring cities that also co-sponsor team tennis. They have greatly increased court fees according to current market value. They do not give priority to team tennis like our City. Teams cannot choose their match times and favorite courts. Most of them are assigned at non-prime time with restrictions. We have the best facility but team tennis at the Sports Center use prime time courts excessively, inefficiently, with easy access in booking, for free. They deprive our City the opportunity to serve more users and to generate more revenue in the new facility. The interest of our City had been underminded. We sincerely ask the Committee to consider and incorporate our concern in the policy. II. According to club president Mr. Gower, he has 171 team players in 2003 within a 12-month period. This is not a USTA official record. Last year, Mr. Gower's nuraber was 35 percent higher than the USTA record. Mr. Gower also reported that his club had 30 new passholders joining team tennis. Most of them are ongoing passholders. They are not "new." Mr. Gower did not report how many team players quit. In fact, the club does not benefit the Sports Center in bringing new business. Business will greatly improve without team tennis at prime time. III. The Commission can only formulate fair policy based on complete, unbiased information. Mr. McCarthy selected information only to support his recommendation. We would like to fill in some details regarding the operating process and current situation: 1) There are more than two league seasons. Team tennis is a year round nonstop event and league seasons overlap. It is still growing. 2) Team matches take longer hours and more courts than is recorded. Mr. McCarthy said that league matches usually take 1 1/2 hours, with some overtime. Last October, team matches reserved three of the best courts for two weeks consecutively, for 2 1/2 hours (7 - 9:30 PM) to accor~aodate only six team players every evening. After we spoke up at the meeting, all reservations were changed to two hours (7 - 9 PM). Dr. Michael zimmerman also reported that at 6:30 PMi his teammates and opponents were already waiting and begging for courts (to warm up for their 7 PM match). Many visitors also take away courts from general passholders. 3) The pre-season match projections are inaccurate. There are 35 teams and captains, with hundreds of matches. Later during the season, well connected captains will block off more courts. They simply notify part-time, inexperienced staff to block off courts at the last minute. These extra reservations are not on record. On September 23, for example, team tennis used up six courts, which was not listed on the projection. That leaves only one court for all passholders (staff later allocated one more court for advance reservation). Most passholders simply could not book courts on that evening. Non-team tennis passholders did not notice this problem because the reservation sheet is covered. 4) The expenses and problems incurred by team tennis were also not brought up by staff. Team tennis requires extra staff to schedule matches, service the frontdesk, and clean up the court sides. Since the Center only provides facilities, it does not have the resources to resolve team tennis guest problems, such as using gym facilities and extra courts. Non-team tennis players cannot enjoy a peaceful and quiet environment because USTA groups generate loud noise with a club atmosphere. It is disturbing. 5) Team tennis court use is very inefficient. For example, without team tennis, eight passholders can play on court #1 from 7 - 10 PM. Our guests regularly pay premium fees for well lit courts. However, each team match blocks off two hours from 7 PM to 9 PM to accommodate only two team players. The hour after 9 PM is usually wasted. Team tennis court use efficiency is only at 25 percent of capacity. It takes place on 50+ % of the evenings. Furthermore, most seniors do not play on cold winter nights. There are many defaults and no shows on the best lit courts. 6) When Commissioner Brown asked Mr. McCarthy about the total number of passholders, Mr. McCarthy said that staff did not know the exact number of tennis players, especially during the construction period. Mr. McCarthy said it would be in the area of 350. We would like to report to Commissioner Brown that currently, the total number of passholders on record is 666. There is no workout facility during the construction period. The total number of tennis players definitely exceeds 500. We would like to thank Commissioner Brown for asking such an important and intelligent question. It is a key factor in formulating policy. 7) Before the renovation, the Center had 1000+ passholders on a 12-month period count, over 850 on an average day. Last year, according to USTA official record, the Cupertino Tennis Club had 160 team players. They represent less than 17 percent year round and on an average day. Staff never presented these statistics to the Commission. The privilege of team tennis players are over-represented. Non-team tennis players like us do not get our fair share of court designation. IV. The outpouring of dissatisfied emails regarding the Stevens Creek Corridor project is understandably different from the reaction on court #1 reservation. The Stevens Creek Corridor project affects long time residents. Each family has their own concern and therefore, the Commission received a wide range of opinions. Everyone speaks for themselves, truly from their hearts. It is staff's strategy to raise the issue regarding the reservation of court #1. The motivation behind team tennis players is very clear. Last November when we questioned prime-time team tennis policy, the staff switched our proposed agenda to court #1 reservation. Staff worked closely with club officials. They wanted to divert the attention and cloud the issue. Without team tennis, court #1 is booked on a first come, first served basis. Most early callers refused to take it. Team players who do not want center court attention are simply following their club. Ail emails come from the same blueprint. These messages do not truly represent their concern. We would like to ask the Commission how many emails are from non-team players. They definitely looked genuine and outstanding. V. We emailed Ms. Bradford that "On November 20, Priya t~ld us that Mr. Gonzates had given special instruction not to show us the reservation sheet. It was OK to show everyone else." When Ms. Bradford visited the Center, you informed us that Priya did not say that. Did you find out more about it later? Mr. Gonzales specially arranged many selected team tennis players like Sargan Isaac to report to Ms. Bradford. Did Mr. Gonzales introduce Ms. Bradford to any non-team passholders? Their stories also came from the same blueprint. Did Ms. Bradford ask any non-team players if they knew how team tennis court use was operated? The truth is that they are totally uninformed and unaware of the situation, being ruled out and neglected. VI. Prime time team tennis policy is not fair and consistent. The following facts and details are not made public to non-team players or higher City officials. Team players enjoy exclusive privilege. They take away the best lit courts at prime time from non-tea~ passholders. They deprive the city from serving a broader community and generating more revenue. Prime time courts are very tight. While we all have the heart to welcome team tennis opponents, we ~o not want to give them our court and sit on the sideline when all passholders pay the same fees. HOW can team tennis policy be fair when less than 20 % of them enjoy the best lit court exclusively 50+ % of the evenings? Should 80 % of the prime time courts be designated for non-team players exclusively? Is there any privilege for non-teaun players? Would the staff recommend not allowing team players to book courts on USTA evenings? Should our guests and friends (of non-team players) be given free passes and granted the best lit court with extended hours and advanced booking? General passholders join a City facility and entrust our City to provide a fair service. They are conslnners. They did not sign up for a club or join a political arena. They are not constituents or lobbyists. They should not be required to file a petition in order to receive fair service. Most general passholders do not know about team tennis. ~hey do not understand why prime time courts are so tight. A handful of non-team players questioned the management about team tennis reservation policies. They were denied, discouraged, and ignored. Ever since we questioned team tennis policy, staff has changed the operating system and given us a hard time. Several in authority even asked us to quit. Stevens Creek Corridor residents will not sell their homes but instead voice their concern. Most tennis players are not interested in civil matters. Disappointed non-team tennis players simply change their home base and are playing tennis somewhere else. Team tennis players are insiders. Non-team tennis players are outsiders. To be fair and consistent, we propose that the Parks and Recreation Department send out a disclosure which lists in detail how team tennis is operated. We would be glad to help draft an announcement of this nature. All past and current non-team tennis players deserve to know that they have been short-changed. They will definitely email the Commission. VII. We appreciate the fact that each of us was allowed three minutes in the "oral cor~nunications" session to highlight problems regarding prime time tennis. Unfortunately, information spread out in a 12-month span is too sketchy and fragmented for decision making. We truly believe that the Commission had approached this issue with an open mind and a desire to resolve the problem. It is also logical and predictable that the staff's rounded-up recommendations were adopted. Staff did not propose any alternative to be considered. We wish that this issue had been handled openly and properly. The Commission will have a different perspective if we were given a chance to conduct direct communication with all Commission members across the table, not behind the microphone in three minutes. We are looking forward to receiving comments from staff and the Commission. Thank you very much. Subject: Date: From: To: CC: Emails with No Replies Mon, 01 Dec 2003 10:28:49 -0800 Tony Toy <tony.toy~Sun. COM> colleenm@cupert]no.org donm~cupertino.org, thereses~cupe~]no.org, jeanne~dynam~c-results.com, rodney_e_brown@yahoo.com, rpeng~fepa.fujitsu.eom, kriswang88@hotmail.com, fjelinch~juno.com, danag~lifetimetennis.com, eggower@earthlink.net Colleen, Mr. McCarthy said that you have had trouble with your email. If you had not received the following emails, please contact me: 1) Date: 11-10-03 Re: Profile a review of the current court reservation status and policy 2) Date: 11-12-03 Re: A) My court #1 reservation from 7-8:30 PM (1 1/2 hours) had been canceled and moved to court #8 for one hour only, without notification. Staff identity had been covered (no initials and no arrow). B) Staff constantly deny me court #1 and later claimed that she made a mistake. 3) Date: 11-13-03 Re: I was denied of courts numerous times when many courts were available. Please exlDlain. I have reviewed your 11-14-03 documents on 1) "Court One Prime Time Court Reservation Policies" and 2) "Cupertino Tennis Club Court Reservation Policies." Here are my comments: 1) Ail court #1 usage should be incorporated into one document, which includes all privileged groups, such as CTC. It is misleading to separate it into two documents when the second document is ambiguous (will discuss later). 2) "If a member is on Court One for more than 1.5 hours per day they will not be able to play on Court One for a period of 30 days." Please specify your plan on how to enforce this rule so that "all" matches are evenly monitored. Currently, only a few passholders are under intense surveillance. 3) The Committee should receive a detailed list of the passholders who violate the 24-hour cancellation policy. How do you handle it? What criteria do you consistently use to decide who "may or may not" lose the right to reserve court #1 for a period of 30 days? In the past, this also happened with CTC matches many times. Are they immune from the penalty? 4) On Friday, court #1 is not open for reservation for passholders after 7 PM, but can possibly be used for CTC matches. 5) Over a month ago, you said that you would post the CTC match schedule to the public. Where did you post it? Is it possible that CTC could voluntarily post their schedule at least 14 days in advance, so that all passholders can plan on their schedule accordingly? The Committee should be notified and in agreement if there is any change after it is posted. 6) What is the penalty for CTC violations regarding court #1 reservations? Is it also an one month suspension of all CTC reservations? The public is not aware of the following reservation practice (or system). They should be clearly listed on the policy, unless you plan to change them. 7) Currently, "per week" has two definitions. A passholders can only make a court #1 reservation at least seven days after their last court #1 reservation. CTC can make two reservations without this restriction. It is unknown how CTC defines one week. Thus, CTC can possibly make four reservations within a seven day period, or four consecutive days. This is inconsistent (since CTC has chosen their dates a few months in advance, it further limits the courts available for the passholders who can only reserve court #1 after the seventh day, only if there is no CTC match). 8) Passholders can play on court #1 for a maximum of 1 1/2 hours per day. How long can CTC players play? 9) CTC can reserve court #1 twice per week, with their choice of times, for how long? What do you do with the unused prime-time court time? 10) CTC has no restriction on prime time court use on other well-lit courts. 11) Do CTC players have to comply with the once per week court #1 reservation? Some CTC merabers play on six or seven teams. Currently, CTC can possibly take over court #1 four times in a seven day period. How can you achieve the "goal to provide a fair and equitable opportunity for all members to access court #1" when the management can o~ly control and record 50 percent of the prime-time court use? It seems that Susan has overly monitored the booking of court #1 through her, for seven day advance reservations. How can she monitor CTC players? Does she have their court use record when she assigns the court? Currently, Susan is closely monitorinH a few passholders. How can she oversee all passholders with the same intensity? Mow can the management prevent CTC players from overusing court #17 I am concerned that the court use policies which will be included in the welcome packet for new passholders is ambiguous. A policy should not include some fine print with different interpretations. New passholders should not have to make a second guess and be surprised, as in the past, with the limited nualber of courts available at prime-time, because of CTC matches. Here is a list of your CTC Court Reservation Policies and my concerns: 1) Policy "During prime time hours CTC will have access to five courts during the months of April through August and three courts from Septen~ber through February." Concern: CTC can possibly have matches every night, for a few consecutive weeks, as often as they want, with their choice of courts and times. This happened in the past and should be disclosed to prospective passholders~ 2) Policy "For USTA CTC league matches participants can play and complete one single match on Court One per day." Concern: Without setting a limit, some matches will go beyond three hours. It may extend into match continuation and rescheduling. It also happened in the past where another full match time would be reserved on court #1 again, for these unfinished matches. 3) Policy "Cupertino Tennis Club will have access to Court One two nights per week." Concern: How many matches and how many hours can CTC reserve per night? How do you define "one week" and is this the same for passholders? Please respond through email. Thank you very much. CUPEI TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3212 FAX: (408) 777-3366 davek~cupertino.org OFFICE OF THE CITY MANAGER STAFF REPORT Agenda Item Number / q Agenda Date: February 2~ 2002 SUBJECT AND ISSUE Review and adopt City Council goals for 2004. BACKGROUND On January 9, 2004, City Council held a study session to consider goals for 2004. Staff has summarized the proceedings of that meeting and updated last year's goals to reflect Council's desires for 2004. RECOMMENDATION Review and adopt City Council goals for 2004. Respectfully submitted: David W. Knapp, City Manager City Council Goals 2004 January 2004 Update Project Goal Status Comments 1. Library and Civic Center )~ Open in October 2004 Under construction on schedule. )~ Incorporate coffee shop in the Library )~ Provide timelines and options on purchasing FF&E for Library )~ Automated Checkout Machines Four automated checkout machines The Cupertino Library has the highest self- have been installed, checkout usage in the SCC system, representing 24% of check-out, or 412,000 items per year. 2. Trails Plan )~ Stevens Creek Corridor Plan The Stevens Creek trail is a single On Sept. 15 the City Council directed staffto component of the Stevens Creek continue to work on the corridor plan including: Corridor Plan. On 9/15/03 the · Year-round use Council directed that the trail · Incorporating a multi-use trail through the corridor should be · Working with the Cupertino Historical multi-use: Society on the Center for Living History · Reducing the size of the picnic grounds · Changing the fee collection system Staff is working on completing the master plan and seeking funding to implement it. This is an ongoing project. ~ Construct San Tomas/Saratoga Creek Trail The trail is open. ge Cupertino Council Goals - update January 27 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments 3. Parks ~ Stevens Creek Corridor Park · Support the Cupertino Historical Society in its The Cupertino Historical Society has The board of the Cupertino Historical Society efforts to create a Center for Living History asked that the Council agree to a has raised the seed money to contract with a : long-term lease of the Stocklmeir capital campaign consultant, and will begin to )roperty and the historic barn and work on the campaign as soon as they get the go blacksmith shop at McClellan ahead from Council Ranch, if within 5 years of I commencement of their capital campaign, they raise sufficient money for restoration. * Work with the Santa Clara Valley Water Water District Staff have been City and Water District staff will be working on District on a partnership to complete the evaluating the riparian corridor an agreement for review by the board and the riparian planning and restoration for Stevens (soils testing a& biological Council, so that the necessary analysis and Creek Corridor Park evaluation) in order to determine the environmental review can commence. appropriate limits of riparian restoration. Water District staff a re ~, also working on a proposal to fund this project within their fiscal year 2004/05 budget. · Complete the Stevens Creek Corridor Master Staff has received proposals from Staff anticipates bringing the contract for consultants to complete the master consultant services forward by July, '04. Plan plan, however, some of the work needed to complete the master plan is also work that may potentially be performed by the Water District as part of the restoration program. We are trying to avoid duplication of effort so completion of the master Page 2 of 14 P Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments plan is temporarily on hold pending a written proposal from the Water District, on the portion of the work they will do. · Complete the envirmunental review for the See Master Plan schedule above. The environmental review of proposed park and Stevens Creek Corridor Master Plan including The environmental review will restoration improvements will need to be a review of alternative trail alignments ~ commence after July 1. coordinated. It would not be desirable to "piecemeal" this project under CQEA. · Apply for grant funding Staff submitted the first grant Staff will be bringing grant opportunities application for this project January forward for Council consideration on an ongoing 15, 2004. basis, as the planning continues. · Renew the Blue Pheasant lease The Attorney's office has prepared a The lessee has indicated a desire to make tenant lease for the operator's improvements should the new lease be executed; consideration. The current lease staff is trying to coordinate the timing of work so expires March 31, 2004. As part of ' that re-roofing can occur within the same the proposed lease, staffis asking window of closure. for a window of time in which repairs and improvements can be made. Rancho Rinconada Park The San Jose Water Company parcel The first step in the process is to realign the city · Commence work on a park for the Rancho along Lawrence Express~vay has boundaries so that the park is within the City of Rinconada area been identified as a potential park Cupertino. Once this has occurred, the next steps site. will be to: · Do community outreach to determine what the park should be · budget for said project, and · begin to pursue funding ge Cupertino Council Goals- update Janua_ry 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments Neighborhood Park in the Homestead area ~ Vallco Neighborhood Park This area was identified during the General Plan process as an area deficient in neighborhood parks. This area was identified during the General Plan process as an area deficient in neighborhood parks. Planning staff is working with potential developers of the Villa Serra project to provide a neighborhood park in this area. A neighborhood park will be the subject of negotiations between the City and developers as the redevelopment plan for Vallco moves forward. Page 4 of 14 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments Youth Issues )~ Skateboard Park · Identify location and funding Teen Commission Teen Center Tomorrows Leaders Today Teen Academy Kaleidoscope The Sk8mobile is on use 4 days/wk; during the school year; it operated 6 days/wk throughout the summer. The selection process was revised and Teen Commissioners have been appointed. Website launched on 2/5/02. The Teen Center is on the bottom floor of the Sports Center. 2003/04 class in progress 2003/04 class in progress 2003/04 class - Spring 2004 A Sk8fest was held on Oct. 11 at Creekside Park - 55 youths attended Marketing for the Sk8mobile included: · Distributing 8,000 flyers to 3~d thru 8th grades ·Using the website · Posting flyers at all Cupertino schools Monthly Sk8 schedules are mailed to 200 registered skaters The Teen Commission was involved in selecting the furnishings & equipment for the Teen Center and will actively market it. Page 5 of ~ 4 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments 5. Pursue "Downtown" Opportunities )~ Develop a Streetscape plan for the Crossroads City Council authorized the 81% of May 3, 2002, Community Congress block of Stevens Creek Boulevard from De Anza amendments to the Heart of the City respondents agreed with developing a downtown Boulevard to Stelling Road. plan on January 22, 2002. village in Cupertino and 75% of the June 2002 Community Survey respondents supported creating a downtown in the Crossroads area. The Crossroads Streetscape plan went to the Planning Commission in The General Plan Task Force is scheduled to Fall 2002, and was continued to present their recommendation in Winter/Spring enable the General Plan Task Force 2004. to consider height and setback recommendations. ~' Work with the Town Center developer to plan a The City council approved the Phase One of the Town Center plan began mixed used walkable plan master plan in May 2003. construction in December 2003. 5. Street Safety - Walkable Community City Center Pedestrian Plan draft The following projects incorporate walk-ability > Ensure that "walkable city" concept is present in went to the City Council on October components. all City development/redevelopment projects 6, 2003. . Orion Lane-creek trail segments · Rodrigues Avenue - creek trail segments On Sept. 15, 2003, the City Council · Astoria on Imperial Avenue included a authorized the Ped/bike Commission Bubb to Imperial trail to study Regnart Creek Trail ' City Center- public access segments from Blaney Avenue to · Tra Vigne - public access Pacifica Avenue. · Saron Gardens - public access · Town Center - public access · Oaks Shopping Center - public access · Menlo Equities -..3 Page 6 of 14 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments 6. Building Contmunity/Unity )~ Continue to offer opportunities and programs to City support for 5Cs programs and Diverse programming is ongoing. address the needs of our diverse community ethnic festivals is ongoing. · Cultural calendar will be distributed Neighborhood block leader program to block leaders and included on the now supports 64 leaders. City website. Next new block leader training is Feb. 21 > Continue international film and music series )~ Continue to identify translation needs in our community ~' Hold public forums in other languages for major Library meeting held on 2/7/02. capital improvement projects ~ Evaluate methods for communicating Senior Center Newsletter is printed City staff is providing translation and (electronically and in writing) to non-English in English & Mandarin. interpretation services for publications and speaking population regarding crime prevention, Emergency Preparedness resident service requests. emergency preparedness and civic activities instructions are printed in multiple languages. ~' Implement a bi-lingual pay program Adopted by CEA and non- represented; OE3 p~nding contract ~' Assist ad-hoc committee with first annual New City funding and staff support Year Festival and Parade (02/03) provided. )~ Enhance interaction between 5Cs and the Chamber of Commerce Asian American Business Council ~ Proactively educate the public on controversial topics such as the 4th of July Fireworks )~ Reconsider the scope of the 2004 July 4th celebration Page 7 of 14 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments 7. Economic Development ~' Encourage healthy environment for retail growth VALLCO Fashion Park ("Plaza Cupertino") Redevelopment Add revenue enhancement incentive policy component of review for new development Evaluate transit/transportation implications of economic development strategy City Council has approved the following projeets expanding the City's retail space by approximately 80,000 square feet: Verona (City Center) Tra Vigne Marketplace BJ's Restaurant & Brewery Pasadena Mixed Use Library Coffee Shop Town Center Menlo Equities Vallco was purchased in June 2003 and the new owners are seeking permits to construct tenant improvements for a 1,300-seat banquet style restaurant. Major projects include an economic assessment of potential revenue generation possibilities The General Plan Circulation Element will evaluate transportation implications of new development. The General Plan update will consider policies encouraging active commercial uses such as bookstores, coffee shops and restaurants. Re-tenanting of existing commercial buildings: · Wherehouse building o Panda Express o T-Mobile o Starbucks · Carrows building o Flames Restaurant · McWorters/Young tenant space in the Crossroads Shopping Center o Oakville Grocers The new owners are attempting tO re-tenant the lower level, add theaters and are evaluating long- range redevelopment plans. HP has relocated several sales offices to its Cupertino location. Borland Software moved a significant Silicon valley office into the City Center. Page 8 of 14 Cupertino Council Goals -updale January 27, 2004 City Council Goals 2004 January 2004 Update · Project Goal Status Comments 8. General Plan ~ General Plan Update ~ The Administrative Draft of the Staffheld General Plan orientation meetings General Plan was completed and with PC, P&R, BPAC, Housing Committee, the distributed for public review in business community and held a general the beginning of January 2003. community meeting. ~ CC/PC study sessions held in February and March 2003. May 3, 2002, Community Congress focused on ~ Appointed 74 member GP Task the General Plan update. Force )~ GP Task Force met from June- October 2003 )~ Task Force recommendations will be presented to City Council in the winter/spring of 2004 9. Public Safety )~ Review traffic safety issues Monta Vista Safe Routes Project Cupertino High School grant for $405,000 · Safe routes to school program (Monta Vista completed 11/01 approved. Design Fall '03 for completion in - 9/01 and Cupertino High Schools 11/03) Spring '04. Garden Gate grant for $185,000. Pending approval by Caltrans. · Review traffic safety for pedestrians Completed Final Pedestrian Transportation Guidelines to BPAC and Council 3/02 ~ Continue emphasis on Neighborhood Watch 56 active Watch Groups which represent 165 residential streets. Held 55 Neighborhood Watch : meetings. 24 meetings were new groups to the program and 31 of them supported existing groups or revitalized inactive groups. Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments Establish an eCap Merchant Watch Program Provide an alert email system for businesses in the City, similar to the Neighborhood eCap Program. Continue emphasis on Emergency Response (ER) and Preparedness · Continue expanding of the CERT program · Increased from 4 to 5 CERT Total of 500 residents trained in CERT. classes/yr. · Conducted five first aid and Total of 200 citizens trained. five CPR classes · Implemented a Disaster Enables community members to participate in Council/Citizen Corps Council emergency planning. · Organized two new Total of 10 neighborhoods trained. neighborhood CERT teams. · Hold a Mandarin CERT information class to · Scheduled for Spring 2004 assess interest in a Mandarin CERT class · Developed a model ER · Develop High School ER Training program with Monta Vista High School students · Updated Emergency Plan 12/02 · Ensure ER Training for City staff · Mandated SEMS training; First Aid and CPR to staff · Conducts on-going EOC drills · Offer ER skills to 6th to 12th grade · Offer Kaleidoscope Program 3 Total of 150 students trained to date. times/year Page 10 of 14 cu[ tl~ ~ City Council Goals 2004 January 2004 Update Project Goal Status Comments · Develop City Evacuation Plan · Ensure ER Training for business/schools Expand Volunteer Program · Project begins early 2003 · Meet monthly with local business/school emergency planners and District officials Ongoing expansion of volunteer programs with Leadership Cupertino, TLT, CERT and Neighborhood Watch. SheriWs volunteer program in Cupertino has begun. Five volunteers work on the Neighborhood Watch program exclusively. E-mail system to Neighborhood Watch participants was activated and to date we have 1200 e-mail alert subscribers. Page 11 of 14 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments 10. Affordable Housing > Provide housing opportunities for Cupertino The 2001 Housing Element The Santa Clara County Housing Trust Home workers increased the BMR requirement Ownership Assistance Program is applicable to from 10% to 15%, and identified Cupertino teachers and other public service ~ sites for an additional housing units,workers. ~' Review Below Market Rate Program criteria BMR manual was updated in November 2002. > Teacher housing assistance programs City Council appropriated $220,000 City has contracted with Neighborhood Housing · Develop teacher housing assistance program for a down payment assistance Services of Silicon Valley to implement the (9/02) program for teachers in May 2003. teacher outreach program in December 2003. ~ CCS Affordable Housing Project CCS 24 unit affordable housing units and offices were completed in January 2003 11. Annexation > Monta Vista Monta Vista annexation process will In Ju!y '02 staffbegan the process of · Annex pockets using island annexation be evaluated in Winter/Spring 2004. coordinating with Santa Clara County, preparing procedures (6/02) maps and identifying issues that need to be addressed in the "Annexation Answer Book." On January 5, 2004, the Council set February 2, I 2004 as the protest hearing date. ~' Creston Lot by lot Creston annexations are · Annex individual contiguous parcels when on-going when major redevelopment redevelopment occurs of a home is proposed. > Pursue mmexation of the land under the San TomaJSaratoga Creek Trail Page 12 of 14 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal Status Comments 12. Sports Center Buildiag Strategy Under construction. > Complete ADA requirements and various other Reopening scheduled for Feb. '04. Opening January 10, 2004. modifications and upgrades 13. City Center Park attd Intersection "Gateway" Under construction. Completion scheduled for April '04. 14. School Partnerships The Teacher Down Payment )~ Pursue partner opportunities with the three school Assistance program has been districts including: approved. · Pool Staff is working on a Senior/Teacher · Gym Matching program. · Traffic and parking · Teacher housing The Public Safety Commission is working on improving traffic in the tri-schools neighborhood. The Safe Routes to Schools projects i have proceeded with excellent I cooperation between the City and Monta Vista, Cupertino and Garden Gate. When completed, we use the Cupertino field house as available. De AnzaJCity recycling program - the City gives De Anza used Page 13 oc 14 Cupertino Council Goals - update January 27, 2004 City Council Goals 2004 January 2004 Update Project Goal I Status Comments computers and De Anza refurbishes them. · School Resource Officers Added second SRO in FY 2003/04 · Youth Probation Officer Updated contract in FY 2003/04 15. Senior Issues )~ Explore Senior Commission Resolution establishing the Senior Commission approved. Interviews in January 16. Internal Itnprovements ~ Implement Access Cupertino to enhance customer Completed service response times ~' Implement e-mail response policy for Mayor and Completed Councilmembers )~ Notify Council of major events/activities including Master calendar in progress block parties ~ Add time component to video streaming Completed )~ Consider consolidating CDBG and Human Service funding processes > Perform an audit on the CCS housing allocation Contract with Maze & Associates process approved. Audit performed in March '04 .,,~ Page 14 of 14 Cupertino Council Goals - update January 27, 2004 CuPertino City Council Study Session January 20, 2004 De Anza Campus Map Firework Shoots through '02 · 15,000 participants · 5,000 cars · 3-hour program Back to De Anza Campus in '05 Campus unavailable in '03/'04 · 5,000 spectators · 3-hour program Fireworks - 2004 We evaluated the following sites: - Monta Vista High School - Cupertino High School - Vallco (w/shoot from HP property) - HP site - Blackberry Farm - Memorial Park - Last month, we also looked at Hanson Quarry · Too Small per NFPA standards (for 3" & 4" shells): - Monta Vista - Memorial Park - Blackberry Farm · In a high fire hazard area: - Hanson Quarry 4 Cupertino High School, Vallco, and the HP site further evaluated for: - Safety - Quality of the event - Vallco was evaluated as a viewing site only · HP site was considered for a detonation site, as well as a venue for a "De Anza"-type event: - Limitations: Sheriff's concerns for safety along Stevens Creek Blvd.: Condition of the lot Lack of lighting We considered using for detonation with Cupertino High School · Cupertino High School was an adequate venue for a shoot: - Fire Marshal approved - OK for traffic operations - Approved with conditions by FUHSD, 7 Visibility of Star 1 Creekside: Could see at 400 and 200 feet, the trees were obstructing the view, but shoot would be visible from open spaces. HP Lot: Visibility good. Hyde: Visibility good. Memorial Park: Only barely visible. Sedgwick: Could see the whole time, good visibility. .Wilson Park: View was good when the chopper was at 400 feet. Not visible at 200 feet. Recommended Venue - Cupertino High School :: Creekside ~ Sedgwick J School 8 July 4th 2004 Fireworks Budget Recommended Site - Cupertino High School Pyrotechnic, 2" to 4" max. shells - 20-shoot: $30,000 Security fencing: $ 4,000 City's cost tbr detonation set-up $ 1,800 FUHSD permit: $ 2,000 Sherifl"s staffing-- Overtime July 4: $10,400 Overnight July 3: $ 2,000 Sanitation-- Portable toilets: $ 1,000 Temporary trash cans & pick-up: $ 500 Street sweeping in the neighborhood, Vallco, & parking lots after event: $ 2,000 Public Works staffing (street closures, signs, & clean-up): $ 2,000 Parks & Rec. staffing-parking, directing participants to viewing sites, on site at 3 $ 3,800 locations, and at CHS, assist with block parties, etc.: SUBTOTAL: $59,500 Daytime events: $ 6,000 TOTAL: $65,500 · Met With: - Neighborhood - Parks and Recreation Commission -- 4th of July Committee - Got consensus regarding the Cupertino option · Recommend - Cupertino HS as venue for '04 shoot · Other option: provide entertainment at Sedgwick, Hyde, and Creekside - add $13,000 9 Recommended Venue - Cupertino High School Additional Budget Entertainment at 3 Venues · Staff $2,000 · Programs/map 2,000 · Entertainment 3,000 · 3 Stages 1,500 · 3 sound systems 1,500 · Additional trash cans & pick-up 500 · Additional portable toilets 1,000 · Additional Sheriff costs 1,500 TOTAL $13~000 10 CITY OF CUPEI TINO STAFF REPORT Agenda Item Number Agenda Date: February 2, 2004 SUBJECT Adopt Resolution No. 04- 2.5'~ expressing intent to enter into a long-term, no-cost lease with Cupertino Historical Society (CHS) for renovation, occupation, and management of the Stocklmeir property and the historic baru and blacksmith shop at McClellan Ranch Park, upon reaching fundraising goals. BACKGROUND Historic interpretation emerged as a goal for Stevens Creek Corridor Park during the communitywide visioning exercise conducted last year. The CHS's Board of Directors has directed their Executive Director to move forward with plans for a history center at the Stocklmeir house, and exhibits and progrmns at the barn and blacksmith shop within McClellan Ranch. To implement the vision, CHS desires to renovate the facilities. CHS's plans are consistent with the community vision for Stevens Creek Corridor Park, City Council goals, and the McClellan Ranch Park Master Plan. Members of the CHS have indicated that they want to partner with the City in providing a cultural history component to the natural history offerings currently available at McClellan Ranch. The Executive Director has forwarded the attached proposal for Council's consideration. CHS will hire a capital ~ampaign consultant who will begin to develop a capital campaign plan for approximately $4 million. CHS will raise funds for the renovation of the facilities over the next three to five years. The capital canapaign plan may identify phases for implementation of the overall plan. For exmnple: CHS may determine that renovating the barn as a first-phase project may build momentum for the rest of the campaign. Critical to CHS's efforts is an assurance from the Council that they will be able to enter into a long-term, no-cost lease for managing the facilities for historic mid other educational purposes after the funds are raised. Christine Jeffers will be at the meeting to address the Council and discuss her Board's vision and plm~s. Staff and CHS requests that the Council adopt the Resolution next in order expressing intent to enter into a no-cost, 30-year lease with CHS for use of the facilities, after the funds are raised. January 5, 2004 Page 2 of 4 STAFF RECOMMENDATION Adopt the Resolution next in order expressing intent to enter into a 30-year, no-cost lease agreement with the Cupertino Historical Society for renovation, occupation, and management of the Stocklmeir property and the barn and blacksmith shop at McClellan Ranch upon achievement of fundraising goals within the next three to five years. SUBMITTED BY: Therese Ambrosi Smith, Director Parks and Recreation Department APPROVED FOR SUBMISSION TO CITY COUNCIL: David W. Knapp City Manager G:\Parks and Recreation Admin\Historical Society\CHS lease staffreport & reso.doc DRAFT RESOLUTION NO: 04-259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLrPERTINO EXPRESSING INTENT TO ENTER INTO A LONG-TERM, NO-COST LEASE WITH THE CUPERTINO HISTORICAL SOCIETY TO OCCUPY AND MANAGE HISTORIC STRUCTURES WITHIN THE STEVENS CREEK CORRIDOR UPON ACHIEVEMENT OF FUNDRAISING GOALS WHEREAS, the City of Cupertino conducted a communitywide visioning exercise to plan for the future use of its properties in the Stevens Creek Corridor; and WHEREAS, there was community consensus that the area was important for historic interpretation, with special note given the Stocklmeir site and the historic buildings at McClellan Ranch Park; and WHEREAS, the Stocklmeir house was formerly the home of Louis Stocklmeir, the founding father of the Cupertino Historical Society, and the Cupertino Historical Society desires to renovate the house for historical purposes; and WHEREAS, consistent within the McClellan Ranch Park Master Plan, the Cupertino Historical Society desires to renovate the barn and blacksmith shop; and WHEREAS, the Cupertino Historical Society's Board of Directors is ready to move forward on a capital campaign to raise funds to renovate these structures; and WHEREAS, commitment from the City Council that the Cupertino Historical Society will be allowed to renovate, occupy, and manage these facilities for community purposes is essential to the success of the capital campaign; and WHER]~AS, the Cupertino Historical Society intends to raise the necessary funds over a tlzree to five-year period from commencement of the capital campaign. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby states its intent to lease the Stocklmeir property and the large barn and blacksmith shop at McClellan Ranch to the Cupertino Historical Society for a period of thirty (30) years at no cost upon completion of a capital campaign to raise funds to renovate the facilities, and upon presentation of a management plan that makes these facilities available to the public. Should the canxpaign be successful in raising funds for a single structure, the Cupertino Historical Society would then request the authority to move forward with a first-phase renovation in order to build momentum for the Center for Living History. BE IT ALSO RESOLVED that the City Council expresses its support for the Cupertino Historical Society's efforts to create the Center for Living History in Stevens Creek Corridor P ark. Resolution No. 04-259 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of February 2004, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council ATTEST: APPROVED: City Clerk Mayor, City of Cupertino January 15, 2004 The CupeRtino H sTomcal_ $octery Inc. 10185 No~rb S~el.l. lnq Roa~ C~enrmo, CahFonnta 95014 ~08 / 973-1~95 · FAX ~08 / 973-80~9 * c~blswnysoc~juno.cow Cupertino City Council Members c/o Therese Ambrosi Smith Director of Parks and Recreation 10300 Torte Avenue CupeWmo, CA 95014-3255 On behalf of the board of directors for the Cupertino Historical Society, I submit the follow'rog proposal to the City of Cupertino Council Members for their consideration. Sincerely, ~ , ~-~-~ Executive Director The Cupertino Historical Society and Museum requests the permission of the City Council to move forward on a Capital Campaign to raise the funds to renovate the historic structures at McClellan Ranch and to renovate the historic structures and grounds of the Stocklmeir property. The structures at McClellan Ranch will include but am not limited to: the barn, and the blacksmith's shop. The renovations of the buildings will restore the site to a semblance of its original historic character. In order to preserve that character and to ensure that the funds invested achieve the result intended by the donors, the Cupertino Historical Sodlety requests a leasehold interest coveting the above mentioned structures at McClellan Ranch and the entire Stocklm(~r site. The lease will necessarily be long term of perhaps 50 years in order to assure continuation of the historical character of the site. The Cupertino Historical Society will manage and occupy the Stocklmeir site and the restored buildings at McClellan Ranch creafmg hands-on education programs in parmership with the City of Cupertino, 4t-I, the Nature Museum and the Santa Clara Audubon Society. We are asking for a very long-term commitment from the City of Cupertino for Cupertino Historical Society's use of these facilities. Given that, we are suggesting that the City Council adopt a Resolution of Intent to lease the facilities to Cupertino Historical Society upon reaching the capital campaign's goals within 3 to 5 years of the campaign's commencement. The resolution is important to potential donors. Should the campaign be successful in raising funds for one structurc say the barn--Cupertino Historical Socioty would want the authority to move forward w/th a first phase of renovation in order to build momentum for the Center for Living History. Page 1 of 2 The CupeRTInO H~sTOR~cal- SOaeT. y, Inc. 10185 No~zb sT~l. Llncj P. oab Cupe~,zmo, CaI. tFoRma 95014 408 / 973-1495 · FAX 408 / 973-8049 · cupblszo~ysoc@Juno.com Submitted on+his 15Th day of January, 2004 by: Donna Austin, Board President Mark McKenua, Board Vice President Darryl Stow, Treasurer Helene Davis, Secretary D. Michael Foulkes Michael Mansch Der Kendler Stefanie Singer Kaye Steinback Steve Ting Robert Vitro Linda Walker Jim Walker Page 2 of 2 The CuperTinO HisTomcal SocieTy & Museum I 3e&ca~;e3 To ensuRmq ~