HomeMy WebLinkAboutP&R 04.16.1992 Minutes . i
CITY OF CUPERTINO, STATE OF CAL.IFORNTA PRC # 127
10300 Torre Avenue, Cupertino, CA 95014 Unapproved
Telephone (408) 252-4505
MINUTES OF THE REGULAR MEETING
OF THE
PARKS AND RECREATION ClOMMISSION
April 16, 1992
Council Chambers
CALL TO ORDER
1. Regular meeting of the Parks and Recreation Commission called to Call to
order at 7:05 p.m. Order.
SALUTE TO THE FLAG
2. Flag Salute
ROLL CALL
3. Commissioners present: Hopkins, Lohmiller, Colman, Quinlan Roll Call
Hendrickson, 'Throne (arrived 7:06) ,
Condon (arrived 7:12)
Ccxmnissioners absent: none
Staff present: Stephen G. Dowling, Director
Linda M. Lagergren, Recording Secretary
INTRODUCTIONS
4.
ORAL C CMMUNICATIONS
5. Dean Skeels thanked Director Steve Dowling, "for his efforts in Dean Skeels
Corte Madera at the Commissioners Conference on April 4, 1992.
Steve conducted a session on park planning that was well attended
and well received."
OLD BUSINESS
6. Director stated that "at the last Parks and Recreation Commission Park plan
meeting, the Planning Commission requested the Parks and in non-
Recreation Commissioners look at the potential park impacts residential
should the industrial core areas of the city develop for area
residential housing. As a result of that discussion, Ciddy
Wcrdell prepared a series of potential rYiations regarding
what the Commissions position is on this topic. We mailed those
rendations to you in your packet and asked if you had any
concerns about them to get back to us. A couple of you did, so
last night this item was not discussed at the Planning
Commission. We told them that we needed more time to talk it
through and come up with a recommended position on this topic.
After hearing your comments, the area of conoern has to do with
item 1b and that is - do we want to recognize private facilities
in lieu of a eontr ibut ion to a community wide park or recreation
resource. That is where we need to focus our discussion tonight."
PRC # 127
P. 2
park plan Director continued
in non- by saying, "We don't have to decide whether
these things will or will not happen. The overriding premise
residential is that we will take each development
area basis. But as the developers are podering oeir optio a case ns, it's(cont'd) important they have some considerations to follow or some
criteria to think about. That is why there is a need to talk
about in general terms what is the criteria."
After discussion, Commission agreed to make the following
changes to the recommendations regarding parks in existing
non-residential areas: in item la, the statement was changed
to read - "Where feasible, park and open space shall be public
as opposed to private." lb was changed to read - "Private park
and recreation space and facilities may be provided, such as
swimming pools, fitness centers, community centers, tot lots
and lawn areas, but may not be in lieu of contributing to a
community wide park or recreation resource." An additional
statement was added to this section - "New residential
developments should be encouraged to blend their recreational
facilities into the community at large."
NEW BUSINESS
spot 7. Director said, "As I look at the Commission I realize that
Center four of you have been very much involved in this effort over
Contract the last two years, so I think there is a consensus that we
are pleased that we are on the verge of a shift in the
philosophy and operation, and I think it's something to get
excited about. In your report there was a brief summary of
what the more significant terms of the agreement are with our
contractual provider, Jim Trenner."
Director explained, "After our experience with the facility
and recent decisions at the Commission and Council level plus
the reality of our budget situation, there were essentially
five objectives that guided the negotiating committee. These
five objectives were: 1) d the current level of services
from a tennis/raoquetba I I reservation and instruction program,
to full utilization of all features and amenities of the
facility including, pool, fitness area, observation decks, and
food and beverage service. 2) Operate the facility on a market
based pricing structure similar to Blackberry Farm and
recreation classes. 3) Relieve the City's general fund
obligation for operating costs of the CSC. 4) Establish a
competitive fee structure which recognizes all of the
amenities offered at the CSC. 5) Cody with the contractual
limitations due to the tax exempt bond financing of the CSC."
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I with these objectives in mind Director reviewed with
Commission the highlights of the terms and conditions ('Perm,
I Termination, obligations, Duties of Contractor, Duties of the
City, Compensation and Rate Schedule) of the contract.
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PRC # 127
p. 3
After reviewing the contract, Director mentioned, "we are not Sports
locked into this for a lifetime, we have a six month review Center
period on the terms, and the Contractnr is subject to an annual i contract
evaluation. At this time, I would like to acknowledge the (con't)
diligence and the perseverance of the committee members; a
tremendous amount of time has been spent on this effort and
Wally Dean and Darwin Throne were invaluable in that effort. In
summary, I would like to say, that with all things considered,
now that it is behind us, in my view it's truly a wonderful
opportunity that is unfolding there."
Commissioner Quinlan expressed, "I want to congratulate the
co mnittee that has worked on it. I was very hopeful in my own
right, that it would become a self-supporting facility. I have
one question in regards to the structure end of it, with A.D.A.
coming on. What are the hidden costs that are not covered in the
contract?"
Director replied by saying, "Because today we don't know what
the fiscal impacts are, we are simply saying that when we have
completed our plan by the date required by law, at that point A
then City Council will determine an implementation plan based ,
upon when these revenues can come in. The $70,000 a year did
not factor in improvements and modifications for ADA. At some _
future point that will be factored in because the building is - I ')j�LY'
not in compliance right now. \ IV 4
Commissioner Throne questioned, "Is there a reservation
privilege for pass holders over daytime passes?" /
Director said, "There is a reservation window that is longer for
pass holders over day use non pass holders."
Commissioner Condon asked, "Has there been any consideration for
a guest fee for pass holders?"
Director explained, "We think that the rate structure is ample
incentive for a pass holder and if he brings a guest, they would
pay the day use fee."
Commissioner Hendrickson said, "I'd like to complement the
people who worked on this contract, after reading it over, my
c=plements to you Steve and to the rest of the people who
brought this forward. It's an excellent article."
Commissioner Colman asked, "What if tournaments go on or group
play, what would be the fee?"
Director answered by saying, "In regards to the group rental
structure, we have decided that the $5.00 per court rate would
continue for the Cupertino Tennis Club. We have not resolved the
fee for corporate or private groups on a court rental basis."
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PRC # 127
P. 4
Cupertino ComMissioner Colman expressed, "It eat to see
Sports great this finally
Center
done. It has taken a long time and the fact that Wally has
been involved from the
(cont'd) beginning and Darwin has been involved,
it is nice to see some of the original elements still kept in
there. For instance, the fact that it is open for day use for
people to drop in as well. as the combination of the pass. I
think the main thing always was how can you support a facility
and still be competitive. I think everyone has to appreciate
that this was a long struggle and you couldn't get everything
you wanted. You couldn't make it affordable for everyone but
Still make it less of a burden for the taxpayers.
Congratulations."
CcUnissioner Lohmiller commented, "I think it's great to see
this and obviously these numbers were not palatable two years
ago. I think it's going to work now. I think it's important to
note that there had to be a philosophical switch in people to
understand this. I think there are many people that recognize
that there are alternatives to this and one of them is to have
this problem go away. There are certainly a lot of alternative
uses for this property accord' to the newspapers.• To keep
this as a � �
Sports Center is going to work. I hope the tennis
community supports it year round. A buck a day is pretty cheap
for a private club."
Ccmnissioner Condon stated, "We saw a lot of things thrown out
as preposterous when we first started meeting on the planning
of this and it's come full circle. This is really a nice piece
of art. I'm glad there is a six month review because there may
be additional incentives that have to be made for the pass
holders, hopefully not, but I'm glad it will give us the
opportunity to look at it if necessary."
Director said, "Assuming this is approved by Council on Monday
night, I'd like to invite you all to the Sports Center for a
real brief ceremony and open house on Saturday, May 2, from
9:45 - 2:00 p.m."
Chairman Hopkins said, "I'd like to open the discussion to the
public audience."
Ed Ed Hirschfield, said, "I am the designated
Hirschfield the 550 merbers of the _ representative for
Cupertino to congratulate those who owwo ked n the contract Tennis Club. . IT�e contract
Tennis Club itself seems quite good. There are a few things not mentioned
in the contract, and those have to do with the improvements
yet to be made. The resurfacing of the courts and the lighting
of the unlit courts, the contract is solid on those issues and
I would like to understand what the position of the Ccrtmission
and City are in regards to those issues."
PRC #f127
p. 5
Director remarked, "Twelve of the tennis courts will be Cupertino
resurfaced beginning next Monday. We are not going to redo the Sports
five courts because there is a master plan committee working on Center
some long term recomr,�endations for those five courts. As the for contract
lighting of those two courts that are inadequately lit now, (cont'd)
again at some point it may be that this sinking fund can pay for
that, but there are no immediate plans to light that right now.
I think we realize it is desirable to do that and at some future
point we will, but it is not scheduled."
Ed Hirschfield continued by saying, "The most troublesome part
of the fee schedule is the day use rate. I understand that the
purpose is to motivate people to participate in the seasonal
pass. At least, that's what it appears to do. . .Day use rates are
somewhat prohibitive to Senior Citizens - maybe we want to
consider a senior citizen rate. One of the things that may make
the revenue more meaningful is to light the upper courts. I know
it will be tough on this rate schedule. There are going to be
lot of couplaints of the day use rate. The rate schedule may
force the facility to become more of a club."
Resident, Phil Zeitman commented, "I came to you with two hats - Resident
one as an elitist tennis player who is thrilled to death we have Phil
a tennis club and hat number 2 has me as an ordinary citizen who Zeitman
for the past four years has tried to get the City to purchase
the property and second to see that the facility operates as a
first class municipal center. The fee structure proposed tonight
does not address hat number 2. It only makes it a club for those
who can afford to pay. I know the fiscal constraints the City
has; I have reservations in speaking out against this proposal
tonight because the alternatives aren't any brighter. There are
other ways other than courts fees to make money - lessons, Pro
Shop and food service should generate a good share of revenue. I
think a reconsideration has to be make with the daily court fees
otherwise, I have no problem with the contract."
Resident Rupi Sekhon stated "We were delighted when the City Resident
bought the facility. My children play tennis. I think the :arm Rupi Sekhon
are extremely reasonable, I would have suggested higher rates,
at least the application fees be higher. I also feel that the
day fee is not very much because if you only come once in
awhile, $6.00 for a resident is not much. If you come more than
f ive or six times than you could get a monthly rate. I am just
tickled pink that the City bought this facility and I pray that
it is self-supporting so we can continue to use this facility. I
hope we never lose those other five courts. There is a great
need for them. One more time, I'd like to emphasize these rates
are very reasonable and I am going to be the first one to buy
the family membership. Thank you so much."
Commissioner Hendrickson mentioned again, "My feelings are still
the same, I think the committee is to be congratulated. I have
no change in my opinion."
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PRC # 127
P. 6
Chairman Hopkins concluded the discussion by say , "I
sports ing Center reviewed the contract and I'd like to congratulate all the contract people involved. We've heard some concerns regarding the rate
structure it's going to be reviewed in six months and we
(cont'd) will certainly take your comments into consideration."
motion Commissioner Colman moved that the Parks and Recreation
Commission recommend that City Council adopt and authorize
the Cupertino Sports Center management agreement,
Commissioner Hendrickson seconded the motion, unanimously
approved.
Status 8. Director gave a status report on the 192-193 operating
report budget. "There was a two day retreat in which Department
192-193 heads looked at the upcoming deficit for next year. I'm
pleased to say that we've identified sufficient cuts and
revenue enhancements so that no further layoffs are going to
be necessary for the next operating year. Currently, the
City's total employee number is down 10 positions (through
attrition, retirements and layoffs) . The dollar amount of the
reductions for next year city-wide is $350,000, of that
number, $70,000 will occur in Parks and Recreation. One of
the numbers that does impact you is conference and meeting
expense. Conference and meeting expense has been eliminated
for everyone for next year, staff and commission. The $70,000
will be achieved by a number of operational reductions
(supplies and materials, cutting back on costs of various
operations) . In addition to this we will be moving many youth
Programs that have traditionally been subsidized or partially
subsidized by the general fund, they are going fully into our
enterprise fund. Just about everything we do departmentally,
now, is entrepreneurial, in terms of fee for services and
special services."
MINUTES OF PREVIOUS MEETING
Approval 9. Commissioner 'Throne moved and Commissioner Condon seconded a
of minutes motion to approve the minutes of the April 2 Parks and
Recreation commission meeting after referencing one comment
made by Commissioner Quinlan regarding Commissioner
Lohmiller's statements. Unanimously approved.
WRITT'IN COM►L NICATIONS
10. There was no written communications.
MONIHLY REPORTS
11. We covered the narrative at the last meeting. Director has nc�
additional comments.
12. There were no commu►ity contact reports.
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MI SCELLANIMS PRC # 127
p. 7
13. There was no Legislative update report.
14. Chairman Hopkins reported on the Mayor's luncheon. He stated Mayor's
that "the Mayor spoke about the budget and explained the cuts. Luncheon
Tandem is underwriting the Heritage Parade. The City is looking
for an underwriter for the day time events on the 4th of July.
Even if we don't get one, we will still have the fireworks in
the evening. General plan is scheduled to go to council May 4,
1992. She also mentioned the petition regarding the Sports
Center.'1
15. Under staff oral reports, Director informed Commission that Staff Oral
private funding was not obtained for the daytime activities in Reports
the park on 4th of July, so they will be canceled.
16. Director reported that the Stanford Alumni Association was Sports
contacted last fall to do a research project to assist the Center
Master Plan Committee with some research into providing viable Master Plan
alternatives for teen centers and programs. There was a meeting
with the Mayor, Councilmember Goldman and the Director with
representative of A.C.T. from Stanford. This team will do some
of the research to put the final cap on that master plan effort
that has to do with the teen population. So that's good news,
17. Director reported that at the next Commission meeting, we will School Site
bring to you the proposed master plan for Kennedy and Hyde Master Plan
school sites. Each meeting there after will be a different
group of schools.
ADJOURNMENT
18. At 9:23 p.m. Commissioner Colman moved and Commissioner Quinlan Adjournment
seconded a motion to adjourn to the regular scheduled meeting
on May 7, 1992 at 7:00 p.m. Council Chambers. Motion approved.
Respectfully submitted,
��MLaqergren, Se etary
ATITSr: APPROVED:
City Clerk Chairperson
City of Cupertino
PARKS AND RECREATION DEPARIMENr
MONTHLY REPORT
April 1992
I'Ri.ghlights of Parks andRecreation Commissirn Meeting of April 16,
1992
1. Regular meeting of the Parks and Recreation Commission called to order
at 7:05 p.m.
2. Salute to the flag.
3. Commissioners present: Throne, Hopkins, Condon, ILohmiller, Colman,
Quinlan, Hendrickson
Commissioners anent: (None)
4. Dean Skeels spoke during oral communications and thanked Director
Steve Dowling for conducting a session at the Commissioners workshop,
April 4th, in Corte Madera.
5. Discussion regarding parks in existing non-residential areas. Revised
recommendations to Planning Commission.
6. Discussion of terms and conditions for Sports Center contract. Parks
and Recreation Commission recommended that City Council adopt and
authorize the (A-4mrtino Sports Center management agreement.
7. Status report on the 192-193 operating budget.
8. Approval of minutes of April 2 Parks and Recreation commission
meeting.
9. Chairman Hopkins reported on April Mayor's luncheon.
10. Sports Center Master Plan committee report.
11. School Site Master Plan report.
12. Adjournment at 9:23 p.m. to the regularly scheduled meeting of Parks
and Recreation Commission on May 7, 1992, Council Chambers.
II-Prograns plarzied and/ar ccupleted in April.
1. Quinlan Community Center participated in the City wide Earthquake
Drill, "Duck, Cover, and Hold". The drill was held on Thursday, April
2 at 10:10 a.m. It was a successful and informative drill.
3. The City of Cupertino Diployee Recognition Luncheon was held at the
Quinlan Center on Tuesday, April 7. Over 90 employees enjoyed
themselves having lunch in the Cupertino Room.
3. Twenty-six children took part in the Spring time classes held at the
Quinlan Comnunity Center on Thursday, April 23 and Friday, April 24.
4. New contractors were put on contract for the Summer session. New
classes will include: Shotokan Karate (for adults) , Bowling,
Windsurfing, Small Boat Sailing, and some additional dance classes.
5. The Baroque Sinfonietta performed a concert on April 18 at the Quinlan
Center. About 200 people attended.
6. The Recreation Department received 60 applicants for Summer employment
in the areas of teen/youth cams and playground programs. Interviews
were concluded on April 28 and employment offers will be made the week
of May 11.
7. Veen Disneyland trip took place on April 20-22 with 75 participants.
Trip went very smoothly, and the participants seemed to have a good
time.
8. Basic Lifeguard Training class was full with 16 participants and used
Quinlan Cotmxinity Center and Blackberry Farm as class sites.
9. 'nhank you Jackie Baddeley" breakfast held to honor departing case
Eger
10. A new team of volunteers started training this month (seniors who
responded to our recent surveys) .
11. Geology class (taught by volunteer geologist Richard Nose) began with
twenty-seven students on April 24.
IV. Procgams plarried fcr the rear future.
1. Summer class registration will begin for residents on May 4, 1992.
2. DeAnza Day is scheduled for Sunday, May 31. The Parks and Recreation
Department will have carnival games and an information booth to promote
simmer program.
3. The Santa Clara Valley Spring Soccer Organization will be hosting a
state-wide soccer tournament on May 15, 16, and 17 at Jollyman Park.
4. Vivian Kern, MSW, joins the Senior Center staff as Case Manager.
5. The AUCTION will bring community members into the center for fun and great
items. (All to help seniors in need)
6. Five hour fling to the US Geological Survey and Sunset on May 27. $7.00
bargain for Senior Center members.
Stephen G. Dowling, Director
cc: Donald D. Brown, City Manager
City Clerk's Office
19 April 1992
Mr. Stephen G. Dowling
Director of Parks and Recreation
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Dear Mr. Dowling
The members of the De Anna Youth Soccer League would like to
express our appreciation for the continuing help of you, your staff,
and the City of Cupertino in providing the field space and upkeep
that is absolutely essential to our soccer program. Without access to
your facilities, we literally would not be able to provide the quality
youth soccer program enjoyed by this community. The responses we
recently received to a series of special requests made in order for us
to host the California Youth Soccer Association's State Cup
competition at Jolleyman Park and the Cupertino Library soccer field
typify the kind of generous support we have enjoyed for many
years. It seems that in the weeks leading up to the competition we
were continually on the phone asking for this tree to be trimmed,
that set of goals to be put up, and those holes to be filled. I'm sure
that the efforts of many people were involved but some specific ones
that come to mind are those of Don McCarthy and Chris Beth in
making sure that the fields were ready, the cheerful, enthusiastic
responses of Joe Moore and his coworkers in actually getting the
work accomplished, and your continued personal involvement in
providing the services we need. As a result, the State Cup
competition was a tremendous success (incidentally, all four DYSL
teams advanced to the next round) and many people commented on
the beautiful Jolleyman facility.
On a related issue, we have been closely following the progress of the
partnership between the City of Cupertino and the Cupertino Union
School District to modify and upgrade the playing fields and sports
facilities at eight school sites in Cupertino. The genuine attention
being paid to the needs and concerns of youth sports organizations is
extremely heartening and we look forward eagerly to the completion
of this project. We realize that your personal contributions to the
process have been enormous and wanted you to know that they are
appreciated,
Again, thank you for all your assistance and please pass on our
thanks to all the other people who have helped make our program a
success.
Sincerely yours,
Ric Nel
President.
De Anza Youth Soccer League
cc: Lauralee Sorensen, Mayor
City Council, City of Cupertino
Of GUP�A
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10300 Torre Avenue Cupertino, CA 95014 (408) 252.4505
Memorandum
To: Parks and Recreation Commissioners
From: Stephen G. Dowling, Director of Rarks and Recreation ,
Subject: Agenda Item #6
Date: April 14, 1992
Attached for your consideration is a preliminary draft of recommendations for park requirements
relative to residential development in the industrial "core" area. I am also attaching a copy of
the City's park dedication ordinance. As you review the current recommendation before us, and
begin preparing for a review of the park dedication ordinance (this is one of our work plan
items), I thought it would be a good idea to give you a copy of the ordinance so that you may
become familiar with it. It is state legislation - the Quimby Act specifically which enables
municipalities to place a tax on residential development in order to meet the park demands
generated by the additional housing. Our particular ordinance is very similar to those found in
municipalities around the state.
SGD:ImI
18-1.601
Article 6 Section 18-1.601. Dedication of Streets,
Alleys, and Other Public
DEDICATIONS AIND RESERVATIONS Rights-of way or
Easements.
Sections: A. As a condition of approval of a final map
18-1.601 Dedication of Streets. Alleys, or parcel map, the subdivider shall dedicate or
and Other Public Rights-of- make an irrevocable offer of dedication of all
way or Easements. parcels of land within the subdivision that are
18-1.602 Park Land Dedication. needed for streets and alleys, including access
18-1.602.1 Purpose. nghts and abutters' rights; drainage; public util-
18-1.602.2 Requirements. itv easements; bicycle paths, transit facilities,
18-1.6023 General Standard. solar access easements, park land, fine stations.
18-1.602.4 Standards and Formula for libranes, access to public resources and other
Dedication of Land. public easements as required.
18-1.602.5 Formula for Fees in Lieu of B. Improvements shall be in accordance with
Land Dedication. Article 8 of this ude. (Ord. 1384 Exhibit A(part),
18-1.602.6 Criteria for Requiring both 1986)
Dedication and Fee.
18-1.602.' amount of Fee in Lieu of Park Section 18-1.602. Park Land Dedication.
Land Dedication.
18-1.602.8 Subdividers not Within 1&1.602.1. Purpose.
General Plan. This section is enacted pursuant to the author-
18-1.602.9 Determination of Land or Fee. ay granted by the Business and Professions Cade
18-1.602.10 Credit for Private Recreation of the State of California. The park and recrea-
or Open Space. uonal facilities for which dedication of land and/
18-1.602.11 Procedure. or payment of a fee is required by this article are
18-1.602.12 Commencement of in accordance with the open space and conserva-
Development. tion element of the adopted General Plan of the
1&1.603 School Site Dedication. City of Cupertino,and any amendments thereto.
1&1.603.1 General. (Ord. 1384 Exhibit -X i part). 1986)
18-l.603.2 Procedure.
18-1.6033 Payments to Subdivider for 18-1.602.2. Requirements.
School Site Dedication. A. as a condition of approval of a final sub-
18-1.603.4 Exemptions. division map or parcel map, the subdivider shall
18-1.604 Reservations. dedicate land. pay a fee in lieu thereof.or both.at
1&1.604.1 General. the option of the City. for park or recreational
18-1.604.2 Standards for Reservation of purposes at the time and according to the stan-
Land. dards and formula contained in this article.
18-LW43 Procedure. B The provisions of this article are not
18-1.604.4 Payment to Subdivider. applicable to the following land use categories:
18-1.604.5 Termination. 1. Commercial or industrial subdivisions;
18-1.605 Waiver of Direct Street 2. Condominium pro)ects or stock cooper-
Access. atives which consist of the subdivision of air
space in an existing apartment building which is
more than five years old when no new dwelling Table 18-1.602.4. of population density, is to be
units are added; followed.
3. Convalescent hospitals and similar depen- In the event apartment-zoned land is sub-
dent care facilities. (Ord. 1384 Exhibit A (part), divided, the park land dedication formula shall
1986)
be applied as related to the maximum number of
IS-1.602.3. General Standard units permitted by the zoning classification of the
The public interest, convenience, health, wel- Property. (Ord. 1384 Exhibit A (part), 1986)
fare and safety require that three acres of 18-1.6025. Formula for Fees in Lieu of Land
property for each one thousand persons be
Dedication.
devoted for neighborhood park and recreational �. C'ieneral Formula. If there is no park or
purposes and two-and-one-half acres of property recreational facility designated in the open space
for each one thousand persons residing in the and conservation element of the General Plan to
City be devoted toward community park and be located in whole or in part within the pro-
recreational purposes, with the cumulative stan- posed subdivision to serve the immediate and
dard of five-and-five-tenths acres of property for future needs of the residents of the subdivision,
each one thousand persons.(Ord. 1384 Exhibit A the subdivider shall, in lieu of dedicating land,
(part), 1986) pay a fee equal to the value of the land prescribed
for dedication in Section 18-1.602.7, such fee to
18-1.602.4. Standards and Formula for be used for a local park which will serve the
Dedication of Land. residents of the area being subdivided.
A. Where a Park or recreational facility has B. Fees in Lieu of Land—Fifty Parcels or
been designated in the open space and conserva- Less. If the proposed subdivision contains fifty
von element of the General Plan of the City.and parcels or less, the subdivider shall pay a fee eq ual
is to be located in whole or in part within the to the land value of the
proposed subdivision to serve the immediate and Potion of the local park
future Head of the residents of the subdivision, required to serve the needs of the residents of the
n Section
the subdivider shall dedicate land for a local park 8�602.4sed s and ini an amon as unt ide ermined in
sufficient in size and topographv to serve the accordance with the
residents of the subdivision. The subdivider shall 18-1 602 7 Provisions of Section
provide park lands as related to the need for a C. Use of Money. The money collected here-
neighborhood park and therefore, the formula under shall be paid to the treasurer of the City or
for dedication of park land for residential devel- his authorized agent. Such money shall be placed
opment should be based upon three acres of park in a special revenue fund which is hereby created
land per one thousand persons, and which shall be known as the "park dedica-
B. The formula for determining acreage to be tion in-lieu tax fund." Monevs within this fund
dedicated shall be as follows:
shall be used and expended solely for the acquisi-
Average number of Persons/Unit ion. improvement. expansion or implementa-
Park Acreage Standard tion of parks and recreational facilities
1000 Population reasonablv related to serving the subdivision by
way of the purchase of necessary land. or. if the
Example for single-family DU. City Council deems that there is sufficient land
3.5 X 3 0.0105 ac/U available for such subdivisions. then secondly
1000 such monevs shall be used for improving such
<u
18-1.602.5
TABLE 18-1.602.4
Park Land Dedication Formula Table
Average acreage
Average Requirement/DC:,
Density Household Based on 3-acre
Types of Dwellings DC;/acre Size/DC: Standard
Single-Family 0-5 3.5 .0105
Duplex. medium low 5—I0 2.0 .0060
Cluster, medium 10-20 1.0 .0060
Cluster, medium high 20 + 1.8 .0054
Apartments 10 + l.8 .0054
Elderly housing' All ranges 1.0 .0030
' A project which is occupied by an elderly household as defined in Section 4()067.)f the Health and Saterv.Cede.
land for park and recreational purposes. (Ord. 18-1.602.7 shall be paid in an amount equal to
1384 Exhibit A (part), 1986) the value of the land which would otherwise have
been required to be dedicated pursuant to Sec-
18-1.602.6. Criteria for Requiring both tion 18-1.602.4, such fees to be used for the
Dedication and Fee. Improvement of the existing park and recrea-
In subdivisions of over fifty parcels, the sub- tional facility or for the improvement of other
divider shall both dedicate land and pay a fee In local parks and recreational facilities in the area
lieu thereof in accordance with the following serving the subdivision. (Ord. 1384 Exhibit .A
formula: (part). 1986)
.A. When only a portion of the land to be
subdivided is proposed in the open space and 18-1.602.7. Amount of Fee in Lieu of Park
conservation element of the General Plan as the [and Dedia11On.
site for a local park, such portion shall be dedi- When a fee is required to be paid in lieu of park
sated for local park purposes and a fee computed land dedication, the amount of such fee shall be
pursuant to the provisions of Section 18-1.602.7 based upon the fair market value of the land
shall be paid for any additional land that would which would otherwise be required to be dedi-
have been required to be dedicated pursuant to sated pursuant to Section 18-1.602.4. The fee
Section 18-1.602.4. shall be paid pursuant to the provisions con-
B When a major pan of the local park or tuned in Section 18-1.602.11. At the time of the
recreational site has alreadv been acquired by the tiling of the final subdivision map for approval.
City and only a small portion of land is needed the Director of Public Works shall, in those cases
from the subdivision to complete the site. such where a fee in lieu of dedication is required either
remaining portion shall he dedicated and a fee in whole or to part. determine the fair market
computed pursuant to the provisions of Section %alue of the land in the proposed subdivision.
a..�:, 40
18-1.602.'
and this determination shall be used in calculat- 18-1.602.10. Credit for Private Recreation or
ing the fee to be paid.If subdivider objects to the Open Space.
fair market value determination, he may at his Where private open space for park and recrea-
own expense,obtain an appraisal of the property tional purposes is provided in a proposed
by a qualified real estate appraiser approved by subdivision, fifty percent credit shall be given
the City, which appraisal of fair market value against the requirement of land dedication or
may be accepted by the City Council, if found payment of fees in lieu thereof, if the City Coun-
reasonable. Alternatively, the City and the sub- cil finds that it is in the public interest to do so
divider may agree as to the fair market value. and that all the following standards are met:
(Ord. 1384 Exhibit A (part), 1986) A. That yards, court areas, setbacks, deco-
rative landscape areas normally associated with
18-1.602.8. Subdividers not Within General residential site design and other open areas
Plan• required to be maintained by the zoning and
Where the proposed subdivision lies within an building ordinances and regulations shall not be
area not then but to be included within the City's included in the computation of such private
General Plan, the subdivider shall dedicate land open space;
pay a fee in lieu thereof, or both, in accordance B. That such space is to be wholly or partially
with the adopted park and recreational pnnci- owned and maintained by the future residents of
pies and standards of the City's General Plan and the subdivision and that the private ownership
in accordance with the provisions of this article. and maintenance of the open space is adequately
(Ord. 1384 Exhibit A (part), 1986) provided for by recorded written agreement,
conveyance or restrictions;
18-1.602.9. Determination of Land or Fee. C. That the use of the private open space is
A. If the relationship between a proposed sub- restricted for park and recreational purposes by
division containing fifty parcels or more and the recorded covenant, which runs with the land in
open space and conservation element is unclear, favor of the future owners of property and which
the City Council shall determine whether it cannot be defeated or eliminated without the
accepts land dedication or elects to require pay- consent of the City or its successor.
ment of a fee thereof, by consideration of the D. That the proposed private open space is
following: reasonably adaptable for use for park and recrea-
I. Topography, geology, access and location tional purposes, taking into consideration such
of land in the subdivision available for dedica- !actors as size,shape,topography,geology,access
tion. and location;
2. Size and shape of the subdivision and land E. That facilities proposed for the open space
available for dedication; are in substantial accordance with the provisions
3. Feasibility of dedication; of the open space and conservation element of
4. Availability of previously acquired park the General Plan; and
property. F. That the open space for which credit is
B. The determination of the City as to given complies with the following standards:
whether land shall be dedicated, or whether a fee 1. The total usable open space acreage must
shall be charged, or a combination thereof, shall be equivalent to a ratio of three acres of land for
he final and conclusive. (Ord. 1384 Exhibit -k each one thousand person, or a fraction thereof.
part), 1986) generated by the development. The computation
for determining acreage is described in Section
18-1.60Z.4
541 pr-,,�„
1
18-1.602.10
2. The open space must contain the followingp
ma and shall be recorded simultaneously with
mandatory elements and at least four of the six the final subdivision map. (Ord. 1394 Ex optional elements: (part) hibit A1986) -
Man"llory Elenwat miamm
c ew 18-1.602.12. Commencement of Development.
Turfed piayfield 50
The playficid shall be a ',ingle unit of At the time of approval of the final subdivision
land which is generally level and free map, the City Council shall specify when devel-
of physical bamers which would OpmGnt Of the inhibit group plav wuvtttes park or recreational facilities shall
opdoaal Eiemeats be commenced. (Ord. 1384 Exhibit A (part),
Childrens'piav apparatus area IS 1986)
Landscaped,park-like quiet area .23
Family picnic area 25
Game court area 2S Section 18-1.603. School Site Dedication.
Swim pool 442' % '5' with adjacent deck
and lawn areas) .25 18-1.603.1. General.
Recreation center buildings and grounds .IS
As a condition of approval of a final subdivl-
The combined minimum acreage for a facility with a recreation sion map, a subdivider who develops or
center and childrens'play apparatus area is 13 acres. The mini-
mum combined acreage for a tacility not including a recreation completes the development of one Or more sub-
center or chrldrens'play area is 1 5 acres, divisions within a school district shall dedicate to
the school district such lands as the City Council
The City Council may grant park credit for a shall deem to be necessary for the purpose of
combination of the above elements or a com- constructing thereon schools necessary to assure
bination of the above elements and other recrea- the residents of the subdivision adequate elemen-
tion improvements that will meet the specific tart' school service. (Ord 1384 Exhibit A (part),
recreation needs of a specialized housing devel- 1986)
opment, such as a senior housing development
with occupancy controlled via a covenant with 18-1.603.2. Procedure.
the City named as a thud party beneficiary. The requirement of dedication shall be
Before credit is given. the City Council shall imposed at the time of approval of the tentative
adopt written Findings that the above standards map. If within thirty days after the requirement
are met. (Ord. 1384 Exhibit A (part). 1986) of dedication is im posed by the City the school
district does not offer to enter into a binding
18-1.602.11. Procedure. commitment with the subdivider to accept the
A. At the time of approval of the tentative dedication. the requirement shall be automati-
subdivision map, the City County shall deter- cally terminated. The required dedication may
mine pursuant to Section 18-1.602.9 the land to be made any time before, concurrently with, or
be dedicated and/or fees to be paid by the sub- up tanyo sixty days after the filing of the final map on
divider.
on
B. At the time of the filing of the final subdivi- Exhibit(p of the subdivision. (Ord. 1384
artlion map, the subdivider shall dedicate the land/
)• 1986)
or pay the fees as previously determined by the 18-1.6033. P9vment3 to Subdivider for
City Council.
School Site Dedication.
C. Open space covenants for pnvate park or The school district shall, if it accepts the dedi-
recreational facilities shall be submitted to the cation. repay to the subdivider or his successors
City prior to approval of the final subdivision
DRAFT CUPERTINO PARKS AND RECREATION COMMISSION RECOMMENDATIONS
REGARDING PARKS IN EXISTING NON-RESIDENTIAL AREAS
New residential development in non-residential areas shall provide park and recreational space and
facilities. The existing park fees and standards should be maintained with the following special
considerations:
1. The need for c!rdication of public park land and the provision of private recreational space and
facilities shall be determined when a master plan is submitted for the development, based on the
following criteria:
a. Public park space should be provided if feasible. Active park areas are encouraged which
will serve the community need. Passive areas are acceptable, when appropriate to an urban
setting. Features could include paths, benches, water features, picnic tables, public art, trees
and gardens. They should be oriented toward the street or an activity area where it is easily
accessible to the public. Passive areas deemed inaccessible or unlikely to be used by the
public should not be credited toward park dedication. Providing public trail connections
should be credited toward park dedication.
b. Private park and recreation space and facilities should be provided, such as swimming pools,
fitness centers, community centers, tot lots and lawn areas, but not in lieu of contributing to
a community wide park or recreation resource.
c. Park fees should be collected based on a formula which considers the extent to which the
public and/or private park space and facilities meet the park need.
Q C.U P .
J
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7 �
Cif 0
10300 Torre Avenue Cupertino, CA 95014 (408) 252-4505
Summary
Parks and Recreation Commission
Agenda Item Number 7 Agenda Date Alril 16, 1992
SUBJECT AND ISSUE
Recommendations of terms and conditions for Sports Center contract.
BACKGROUND
Following months of negotiations, the City has reached an agreement with James Trenner for
the management and operation of Cupertino Sports Center (CSC). As many of the
Commissioners are aware, this effort has been very demanding and at times controversial. The
following report attempts to outline the major components of the agreement. The agreement is
attached for your information. The overriding concerns for the City may be stated in the
following objectives:
* Expand the current level of services from a tennis/racquetball reservation and instruction
program, to full utilization of all features and amenities of the facility including, pool,
fitness area, observation decks, and food and beverage service.
* Operate the facility on a market based pricing structure similar to Blackberry Farm and
recreation classes.
* Relieve the City's general fund subsidy of operating costs of the CSC.
* Establish a competitive fee structure which recognizes all of the amenities offered at the
CSC.
" Comply with the contractual limitations due to the tax exempt bond financing of the CSC.
With these objectives in mind, the following major terns and conditions were negotiated with
Mr. Trenner.
TERM
' The term of the contract shall be two years. The effective date shall be May 1, 1992.
TERMINATION
The contract is terminahle by either party, with or without cau%c. on 90 day notice.
r
OBLIGATIONS
* Standard conditions around indemnification, insurance (Liability and Worker's Comp),
and assignment.
DUTIES OF CONTRACTOR
* Operate and manage the tennis courts, racquetball courts, pro shop, swimming pool, food
and beverage service, fitness area, and locker rooms.
* Provide raquet sports instruction, exhibitions, demonstrations and tournaments.
* Schedule and manage group permits of the facility including banquets and social events.
* Assume all operating costs including staffing, promotions, nets and screens, utilities,
janitorial, inventory and supplies.
* Furnish the entire build;-,- including including the observation decks, pool area, and fitness room.
DUTIES OF THE CITY
* Determine guidelines for operation and supervision of the CSC.
* Establish court use fees.
* Assist contractor in the promotion of programs conducted at the CSC.
* Maintain the CSC and appurtenant structures, including interior painting, repairs and
preventative maintenance of H.V.A.C., swimming pool, spa, kitchen equipment, tennis
courts (surfacing and lighting), tennis posts, fences, grounds and adjacent improved off-
street parking areas. Maintain the exterior of the buildings including, but not limited to,
roofing, painting, flooring street-side landscaping and keeping all locks and fasteners in
a state of repair.
The most sensitive part of the negotiations centered on compensation and user rate structure.
COMPENSATION
By Mr. Trenner assuming all operational costs of the CSC, the City's general fund has been
relieved of an annual obligation of $120,000 to $150,000. In addition, Mr. Trenner shall
reimburse the City 15% of gross revenues (from all sources) up to an annual maximum of
$70,000. This figure is based upon a five year amortization of projected expenses for
structural maintenance and equipment replacement. Stated conversely, Mr. Trenner shall
retain 85% of gross receipts annually, until the City has been reimbursed $70,000, after
which he retains 100%. In light of all of the performance uncertainties, this arrangement
seems equitable because it protects the City's physical investment and provides incentives
for the contractor.
RATESCHEDULE
As stated earlier, the committee believed it was imperative to establish a rate structure that
represented all of the features and amenities contained in the CSC. More than just a court
rental fee, the price structure allows for the use of the fitness area, swimming pool, lockers,
spa and sauna, as well as a place to congregate and socialize. Also, the rate structure was
designed to provide a significantly reduced rate for residents of Cupertino. In reviewing
comparable facilities with similar accoutrements, the rates are one-half to one-third of other
centers in our surrounding area.
r
CUPERTINO SPORTS CENTER USER RATES
DAY USE RATE
Resident - $6.00
Non-Resident - $8.00
SEASONAL PASSES Monthly Quarterly Annual
a. Resident - Single 55 120 (40) 360 (30)
b. Resident - Couple 75 180 (60) 600 (50)
c. Resident - Family 95 240 (80) 840 (70)
d. Non-Resident - Single 75 180 (60) 600 (50)
e. Non-Resident - Couple 95 240 (80) 840 (70)
CONTRACTOR may charge non-residents a $200 application fee.
I believe this summarizes the principle points and terms of the management contract. It is also
understood that both parties will review the terms in six months and the contractor is subject to
a performance evaluation annually.
STAFF RECOMMENDATION
The Parks and Recreation Commission recommend that City Council adopt and authorize the
C.S.C. management agreement.
AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND JIM TRENNER
FOR CONCESSIONAIRE AND MANAGEMENT SERVICES
AT THE CUPERTINO SPORTS CENTER
THIS AGREEMENT is entered into by the City of Cupertino ("CITY"), a
municipal corporation of the State of California, and Jim Trenner ("CONTRACTOR")
for the purpose of CONTRACTOR providing management and concessionaire services at
the Cupertino Sports Center ("CSC"), a CITY owned property, on an independent
contract basis.
A. TERM OF CONTRACT.
This Agreement will become effective on May 1, 1992 and will continue to be in
effect until April 30, 1994, unless otherwise terminated under the provisions of this
Agreement.
B. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform each duty and obligation imposed herein in full
compliance with the Cupertino Municipal Code and other ordinances and policies of the
CITY, and all applicable State and Federal laws. CONTRACTOR shall be responsible for
the following:
1. Operating, managing and supervising the CSC, including, but not limited to:
a) Submitting to CITY, and upon approval, implementing a written
promotional strategy;
b) Enforcing all rules and regulations;
c) Posting notices of class times and tennis court usage in approved
locations;
d) Regulating the play and conduct of the players.
e) Policing the CSC, preserving order, and providing for security of the
CSC and preventing injury to the CSC by players and others;
f) Keeping the CSC open for that number of hours approved by the CITY;
g) During operating hours, inspecting and maintaining locker rooms when
necessary;
h) Keeping lavatories open at all times that the CSC is open for play or the
Pro Shop is open for business and keeping lavatories closed and locked at times
designated by the CITY.
i) Establish hours of operation for the swimming pool.
j) Collecting all fees and preventing any person from playing without first
having paid court fees (when fees are charged);
k) Providing private tennis lessons. There will be no court rental fee for
CONTRACTOR'S use of a court or courts for instructional purposes. CITY sponsored
classes will be on assigned court(s) as designated by the CITY.
1) Scheduling tournaments and other tennis activities at the CSC. The
CITY shall provide the CONTRACTOR with policies and guidelines for permitting
tournaments, exhibitions and other tennis activities.
m) Adopting and maintaining monthly and annual reports recording
statistics on the use of the facilities at the CSC, and deliver to CITY on or before the
15th day of each month such reports.
2. Operating, managing and supervising the Pro Shop, the restaurant and
kitchen, including, but not limited to:
a) Maintaining, selling and renting a stock of merchandise, supplies, and
equipment in the Pro Shop sufficient to meet customer demand and suitable for use at the
CSC including, clothing, tennis rackets, tennis balls, tennis shoes, books and other tennis
equipment and supplies;
b) Maintaining and operating a business in the Pro Shop for the stringing
and repair of tennis rackets;
c) Preserving proper order in or about the Pro Shop, restaurant, kitchen
and premises;
d) Providing security for the Pro Shop, restaurant and kitchen;
e) Maintaining and operating vending machines for the sale of food and
beverage.
2
f) Furnishing and paying all charges for telephone services which relate to
the Pro Shop, restaurant and kitchen operations;
g) Furnishing and paying all costs in connection with maintaining the
interior of the Pro Shop, restaurant and kitchen together with routine maintenance
thereof, the janitorial services to include, but not be limited to, cleaning of windows, and
the routine maintenance of interior furnishings equipment and fixtures. CITY retains and
reserves the right to inspect the Pro Shop, restaurant and kitchen to ensure said
maintenance is satisfactory.
h) Paying all costs for utilities furnished at the CSC.
3. CONTRACTOR shall provide, at his own expense, the following equipment
and furnishings:
a) Fixtures, counters, showcases, equipment and other interior furnishings
or devices required to operate the Pro Shop;
b) Desks, chairs, file cabinets and other interior furnishings required to
operate the offices;
c) Promotional cases, publicity racks and other interior furnishings
required for the lobby;
d) For the large dining area and banquet room provide: at a minimum 24
tables suitable for indoor dining; 120 chairs suitable for indoor dining for 144-180
persons and 31 bar stools;
e) For the fitness room provide at a minimum: 10 cardiovascular and/or
exercise units which are of industrial quality and equivalent in quality to what most clubs
in the area offer. (e.g. Lifecycles and Stairmasters which cost approximately $3(00
each);
f) For the tennis court divider areas provide: a minimum of nine tables (3
tables at each divider) and a minimum of 18 chairs (6 chairs at each divider);
g) For the balcony provide: 4-48" round tables suitable for outdoor dining,
12-16 chairs for around the 4 dining tables; 12 additional chairs for viewing; and 6 end
tables;
h) For the pool provide at a minimum: 15 lounge chairs; 4 tables each with
an attached umbrella; and 16-24 chairs.
3
4. CONTRACTOR shall, in addition to the foregoing duties:
a) For the tennis courts, repair and replace windscreens and nets in order
to maintain quality tennis play;
b) Obtain and pay for any permit or license required by the Cupertino
Municipal Code, CITY resolution or policy or any other ordinance or State or Federal
law, including all liquor licenses and permits;
c) Remain in compliance with all local, state and federal laws and
ordinances regarding liquor service, particularly laws mandated by the A.B.C. and
CITY'S business license ordinance;
d) Pay any and all taxes including, but not limited to, personal property
taxes, and sales and use taxes assessed against CONTRACTOR, or his possessory interest
in the CSC., Pro Shop, including but not limited to, inventories used in performing
CONTRACTOR's duties under this Agreement.
C. DUTIES OF CITY.
CITY shall, in conjunction with CONTRACTOR's service, do the following:
L Work with CONTRACTOR in the promotion of tennis tournaments and tennis
programs.
2. Furnish facilities for storage of inventory, merchandise selling area,
equipment, and office space.
3. Provide space for registration activities, court reservations and promotion of
the CITY's sponsored tennis program.
4. Prescribe the form of court rental fee records required in connection with the
operation of the CSC.
5. Maintain the CSC and appurtenant structures, including interior painting,
repairs and preventative maintenance of H.V.A.C., swimming pool, spa, kitchen
equipment, tennis courts (surfacing and lighting), tennis posts, fences, grounds and
adjacent improved off-strut parking areas.
6. Maintain the exterior of the buildings (except window cleaning) including, but
not limited to, roofing, painting, flooring, street-side landscaping and keeping all locks
and fasteners in a state of repair.
4
T Repair and replace all broken windows within the Pro Shop other than those
resulting from any act of neglect by CONTRACTOR.
8. Determine, from time to time, rules and regulations for operation and
supervision of the CSC including, but not limited to (a) the minimum number of hours of
play for which the CSC is to be kept open each day and each week, (b) the minimum
number of hours the Pro Shop, locker areas and lavatories are to be kept open each day
and each week, and (c) the system of handling reservations and other procedures
governing the priority and use of the tennis courts.
9. Approve the amount of court use fees. Said fees may be changed from time-
to-time by City Council action, but under no circumstances will fees be changed more
often than once per Contract Year. Initial rates established by the CITY are as set forth
in Schedule I attached hereto and incorporated herein by this reference.
D. PAYMENT TO CITY RECORDS AND ACCOUNTS.
1. CONTRACTOR shall adopt and maintain a system of records and accounts
approved by the Director of Finance of CITY. On or before the 25th of each month
during which this Agreement remains in effect, CONTRACTOR shall deliver to CITY a
statement showing the total amounts of money collected or received by CONTRACTOR
from all sources during the preceding calendar month.
2. Commencing July 1, 1992, CONTRACTOR shall remit to CITY the sum of
fifteen percent (15%) of all gross receipts up to a dollar amount of $70,000.00, derived
from all operations of CSC.
3. CITY reserves the right to require an annual financial review and
unannounced audits of gross receipts to verify accounting procedures of the CSC
operations.
E. C01111FNSATI N OF CONTRACTOR.
CONTRACTOR, as compensation for the services performed under the terms of
this Agreement, shall be entitled to keep and retain: (i) from May 1, 1992 through June
30, 1992, one hundred percent (100%) of monies received, (ii) commencing July 1, 1992
during the effective term of this Agreement, the balance, after 15% of gross receipts
(excluding sales tax) up to a dollar amount of S70,000.00 has been paid to CITY, of
monies received.
5
F. INDEMNIFICATION, INSURANCE: BONDS.
1. CONTRACTOR shall protect, defend, indemnify and hold harmless the
CITY, its City Council, officers, employees and agents, from and against any and all
claims, demands, orders, decrees or judgment for injury or death or damage to person(s)
or property, loss, damage, liability, expense (including all costs and reasonable attorneys'
fees incurred in defending any claim, demand or cause of action), occasioned by,
growing out of, or arising or resulting from any act or omission on the part of
CONTRACTOR, or his agents or employees, arising or resulting from the performance
of any services required herein to be performed by CONTRACTOR or arising from the
use of the CSC, or the Pro Shop by CONTRACTOR, or his agents or employees, or
arising from the use of any buildings or improvements thereon or therein by any person
or persons, or arising out of the operation or maintenance of dangerous or defective
condition of the Pro Shop, or any other structure, facility or thing erected or placed in
the CSC and under the control or supervision of the CONTRACTOR.
2. CONTRACTOR shall and will, during the period commencing on the
effective date this Agreement and continuing without interruption throughout the term, or
upon termination, and at his own cost and expense, provide and maintain in such form
and with a company satisfactory to CITY, a policy or policies of each of the following
types of insurance;
(a) Comprehensive single limit public liability insurance in an amount not
less than five hundred thousand dollars ($500,000.00); (i) CITY shall be named as an
additional insured in all of said insurance policies; (ii) a contractual liability endorsement
shall be included in each insurance policy, extending coverage to include the liability
assumed under Section 1 above; (iii) a products liability endorsement shall be added to
each insurance policy in the minimum amount of fifty thousand dollars ($50,000.00) on
account of any one occurrence; (iv) statutory workers' comlxnsation insurance and
employers' liability insurance for all employees of CONTRACTOR.
3. Any policy of insurance required of CONTRACTOR shall also contain an
endorsement providing that thirty (30) days notice must he given in writing to CITY of
any pending change in the liahility or of any cancellation or modification of the policy.
6
4. CONTRACTOR shall till out and forward to the CITY an accident report on
any injury that takes place in and around the CSC within twenty-four (24) hours of said
injury.
5. CONTRACTOR, shall have the sole responsibility of insuring (if he so
desires and at his own expense) any furnishings, fixtures, equipment, merchandise and
supplies which he is required to provide under the terms of this Agreement against loss or
damage from fire, theft or any other cause.
G. INDEPENDENT CONTRACTOR.
1. At all times CONTRACTOR shall be deemed to be an independent contractor
for professional services with full rights to manage his employees subject to the
requirements of the law;
2. No employee of CONTRACTOR shall be deemed to be an employee, agent
or representative of CITY at any time or for any purpose whatsoever. CONTRACTOR
shall provide statutory worker's compensation to his eligible employees at his own cost
and shall be responsible for applicable withholding of taxes under State and Federal law
for CONTRACTOR and any of his employees.
If. TERMINATION.
1. Upon expiration of the term of this Agreement, or upon the sooner
termination of such term from whatever cause, CONTRACTOR may remove any and all
furnishings, fixtures, equipment, merchandise and supplies installed or purchased by
CONTRACTOR provided, however, that any item not removed within fifteen days of
said expiration shall be deemed abandoned by CONTRACTOR to CITY and absolute title
thereto vest in CITY immediately.
2. CONTRACTOR shall leave the Pro Shop and CSC appurtenances in good
order, condition and state of repair, reasonable wear and tear and damage by the elements
excepted, together with any alterations, changes, additions or improvements thereto.
CONTRACTOR shall be responsible for any damage to the Pro Shop and CSC
occasioned by third parties the removal of any furnishings, fixtures or equipment; and for
such damage, if any, CITY shall have a lien on said items of personal property until such
damages are paid.
3. Termination for Breach. Should either CONTRACTOR or the CITY default
in the performance of this Agreement or materially breach any of its provisions, the other
party may, at its option, immediately terminate this Agreement by giving written
notification to the other party.
4. Termination Upon Notice. Either party may terminate this Agreement at
any time by giving ninety (90) days written notice to the other party. Unless otherwise
terminated in accordance with the terms of this Agreement, this Agreement shall continue
in force and effect for the period specified in Section A of this Agreement.
I. GENERAL PROVISIONS.
1. Notices. Any notices to be given by either party under the terms of this
Agreement shall be made in writing and may be delivered, either personally or by
certified or registered mail with postage prepaid and return receipt requested, as follows:
TO CONTRACTOR: Jim Trenner
2673 Tulip Tree Lane
Santa Clara, CA 95051
TO CITY: Steve Dowling
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
2. Entire Agreement. This Agreement constitutes the entire Agreement of the
parties and supersedes any and all agreements, either oral or written, between the parties
with respect to the subject matter of this Agreement. Any modification of this
Agreement shall be effective only if in writing and signed by both parties.
3. Assignment. No portion of this Agreement may be assigned or subcontracted
without the express written consent of CITY, which consent shall not be unreasonably
withheld.
4. Severrabilit). If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will
nevertheless continue in full force and effect without being impaired or invalidated in any
way.
5. Governingw. This agreement will be governed by and construed in
accordance with the laws of the State of California.
8
IN WITNESS WHEREOF, this Agreement is dated 1992.
"CITY": CITY OF CUPERTINO, a
municipal corporation
By:
Steve Dowling
"CONTRACTOR": JIM TRENNER, an
individual
By:
Jim Trenner
APPROVED AS TO FORM:
CITY ATTORNEY
ATTESTED BY:
City Clerk
Rev. 04/10/1992
9
SCHEDULE I
CUPERTINO SPORTS CENTER USER RATES
DAY USE RATES
Resident - $6.00
Non-Resident - 8.00
SEASONAL PASSES Monthl Quaderly Annual
a. Resident - Single 55 120 (40) 360 (30)
b. Resident - Couple 75 180 (60) 600 (50)
c. Resident - Family 95 240 (80) 840 (70)
d. Non-Resident - Single 75 180 (60) 600 (50)
e. Non-Resident - Couple 95 240 (80) 840 (70)
CONTRACTOR may charge non-residents a $200.00 application fee.
Rev. 04/10/1992
10