82-020 De Anza Optimist ClubOffice Address:
Mailing Address:
City of Cupertino
PARKS & RECREATION DEPARTMENT
Telephone: 253-2060
22221 McClellan Road, Cupertino
10300 Torre Avenue, Cupertino, CA 95014
Request is hereby made for use of Memorial Building 0 Park Ii)
Event June 15, 1982 -; September 5, 19 82 between 10:00 a.m. ___ a.m.
(Operate 'it:}~~1°~gh Sunday weekl;;-6:00 p.m. ___ p.m.
Date of
Name of Organization
or Individual Requesting De Anza-Vallco Optimist
Purpose of Organization What % of Group are Cupertino Residents? __ %
Nature of Event Model boat concession
(Please explain)
Area Requested Middle Pond
(See Map)
Estimated Attendance ti Adults ---# Youth (17 yrs. & under) ___ Total ____ _
Equipment Needed by Applicant -----------------------------
Is event open to public? Yes[!] No D Will kitchen be used? Yes D No D N/A
Will fee be charged by group? Yes J:Kl No 0
If yes, state purpose & amount Fund Teen Employment Network(TEN) $ .50¢/4 minutes
Will beer or wine be served in connection with reservation? Yes 0 No 0
(SEE REVERSE SIDE FOR RULES AND REGULATIONS)
Applicant hereby agrees to hold the City of Cupertino and any officer and employee
thereof free and harmless for any loss, damage, liability, cost, or expense that may
arise during or be caused in any way by such use or occupancy of park property. The
applicant agrees to furnish such liability or othe~ insurance for the protection of
the public and the City of Cupertino and any officer and employee thereof as the City
may require. The applicant agrees to reimburse the City of Cupertino for any damage
to park property occasioned by or growing out of the use herein requested.
Date __ 1.......,/~7 .,_..,,,/ 8"-='-'2-"--c-r' r-:-ff--+;-
_ __,,,J,_,,,_,DtfJ_,_,_,(J"----"-"'(1,,_L-=-A--=U-=-M~&tJ=---J___ I I 9iil1A G.c L~f.fiAA. M/
(Print Name) (Signature)
'14-o Cl\-1111 De?J M €' --tf A-p,ie1 'J>e-Nf'
(Number & Street) · (Title or Office Held)
CcAM PBeLL (A-9 ~ o 0 B Phone: ·t,,SP--Lf-i.4 7
·(Home) (City) (Zip)
'378--7'-/J]
(Office)
Is applicant resident of Cupertino? Yes D No gj
(OFFICE USE ONLY)
Deposit Required? Yes 0 No 0 Amount $ ___ _ Group Classification I II
Special Requirements/Conditions REFER .TO EXHIBIT A (attached)
Area Specified for Use (See Map)
Kitchen @ = $ Personnel @ $ /hr.= $
Extra
Equipment @ $ Personnel @ $ /hr.= $
Field
Preparation @ $ Personnel @ $ /hr.= $
Building @ $ Personnel @ $ /hr.= $
Lights @ $ Personnel @ $ /hr.= $
Misc. Chgs. @ $ Personnel @ $ /hr.= $
Sub-total $ Sub-total $
Grand Total $
Special Charges Received --------~ Date
Deposit Received $ ----Date ------Deposit
Returned Date
III
$ ___ _ of deposit forfeited
-=--~-----------------------~
)(Authorization --;'--"l'----1"1-.:..-'..-~.#---..-==-.-----~---=~Denied ____ _
Reason For Den '-=~------------6:o~~-~....d.~~~----------------~
WHITE -Office YELLOW -Public Works GREEN -Facility GOLD -Applicant
CUPERTINO PARKS AND RECREATION DEPARTMENT
USE OF RECREATION BUILDINGS AND PARKS
1. Permitsforthe use of park and recreation fac(lities (buildings, grounds,
and equipment) shal I be issued by the Cupertino Parks and Recreation
Department only with the approval of the Director of Parks & Rec-
reation, and shall be consistent with City ordinance governing such
use.
2. The use of such facilities shall not be inconsistent with the use of
the bui !dings and grounds for park and recreation purposes, and must
not interfere with the regular conduct of recreation programs. Rec-
reation programs in park and recreation bui Id ings or on park property
shall receive first priority over usage by any other group or organiza-
tion, whether day, afternoon, or evening sessions, and permits issued
to any group may be revoked if it becomes unavoidably necessary for
the Parks and Recreation Department to use the space at the same
time. If and when such action is necessary, every care shall be ex-
ercised by the responsible staff member(s) involved to give the permit
holder as much advance notice as is possible.
3. Permits shal I not be granted for the personal or individual use of
Parks and Recreation property. (•Note: Permit does not entitle anyone
the exclusive use of entire park.) Authorized groups may use certain
equipment provided it is not removed from the premises. Use of equip-
ment must be specified in the application for the Use Permit.
4. Applications for use of recreation buildings or park facilities shall
be made not less than fourteen days nor more than sixty days prior
to the proposed use of park and/or building. All applications for use
must be signed or co-signed by an adult, which adult shall agree to
be responsible for said use. All activities must have adult supervision
while using park and recreation facilities to insure adequate control.
5. Any group granted the use of any park and recreation facility shall
use them only for such purpose as are specified in the permit for use,
and shall limit the use to the facility requested, i.e., the building,
the BBQ area, or other area. Any group requiring the use of the kitchen
wi 11 be charged in accordance with the schedule of charges and usage
should be noted on application.
6. Use of buildings shall not be granted:
a. For religious meetings, services or gatherings (unless for rec-
reational purposes) in comp I iance with the State of California
Constitution. (Article 4, Section 30, State of California, Con-
stitution Opinion of the Attorney General 161).
b. To any group or individual, political or otherwise that advo-
cates the overthrow of the United States Government, or the
State of California by force or violence or other unlawful means.
c. When, for any reason, as determined by the Director of Parks
and Recreation, such use may not be in the best interests of
the community.
7. No permit shal I be issued for a period longer than nine months (Sep-
tember to May). As summer months require different usages of park and
recreation facilities permits for summer and for fall, winter and spring
must be filed separately and comply with rulings in #4 above. Build-
ings are normally closed on all holidays as observed by the City of
Cupertino and permits will not be approved on these days.
8. A recreation leader (evenings) or park custodian (day time hours) is
responsible for the facility where permits are granted involving the
opening and closing of the buildings or parks. All activities shall
cease and the facilities shall be locked at 10:00 p.m. No group will
be allowed to remain, stay or loiter in any public park between the
hours of 10:00 p.m. and 7:00 a.m. of the following day without approval
of the di rector.
9. Parks and Recreation facilities must be protected by the user from
damage or mistreatment. Each group using such facilities must be re-
sponsible for the condition in which it leaves the building and equip-
ment. There wi II be a security deposit of $15.00 for usage of park
buildings to be. paid at the time the building is rented. This deposit
will be refunded .if.there is no damage other than normal wear and tear.
If damage exists in add it ion to the $15.00, it shal I be paid for by the
organization or group which has use of the building. Users must keep
the facility free of litter, such as paper, food or drink, and if decor-
ations are to be used, they must be approved in advance by the Dir-
ector of Parks and Recreation and removed before the group leaves
the fac i I ity. Al I decorations must be flame retardent treated.
10. The City of Cupertino will not be responsible for accidents or loss
of individual property.
11. Priorities. Priorities for the use of parks and recreation facilities
will be based on the following:
GROUP I. Recreation groups, quasi-recreation groups, including Boy
Scouts, Girl Scouts, Camp Fire Girls, YMCA, Little League, Pop
Warner, organized senior citizen groups, etc., and City employee or-
ganizations.
GROUP II. Groups which are closed to the general public, but which
are civic in nature, non-profit organizations, clubs and associations
for general character building or welfare purpose or cultural activi-
ties, who have a prime objective of a civic or recreational nature or
provide moral and physical improvement for the good of the community.
GROUP Ill. Groups or organizations which are closed to the general
public and may or may not charge an admission fee or collect dues or
contributions, and do not fall under category I or II above. (Social,
etc.)
12. Charges. Charges for use of park and recreation facilities will be
based on the following:
a. BBQ facilities, meadow area, softball facilities, or other similar
park areas that do not require permits will not have a charge.
If permits are requested at a time when normal supervision is not
on duty, a personnel charge of $3.00 per hour wi 11 be made. This
will be indicated on application.
b. The following charges are levied for usage of park buildings:
1) A cleaning deposit f.ee will be charged all groups as stated in
item #9 above.
2) Groups in category I shall be entitled to use facilities, as
approved, without charge.
3) Groups in category II will be charged $5.00 per hour for the
building and an additional $1.00 per hour for use of the kitchen.
4) Groups in category 111 wi 11 be charged $25.00 for each three
hour period or fraction thereof), plus personnel cost of $3.00
per hour, if not normally on duty, and $2.50 per hour for use of
the kitchen.
c. Softball teams playing in scheduled Cupertino Parks & Recreation
Department league games are not subject to fees for use of field,
except when requesting field for play other than league play or
scheduled practices. (See fee schedule.)
d. All non-league teams are subject to the following fees:
1) $10;00 fee for maintenance
2) 2.50 per hour for personnel (2 hr. minimum)
3) 5.00 per hour for lights
e. Al I checks should be made payable to the City of Cupertino.
f. Payments of special charges wi 11 confirm reservation. These are
to be made in person at the Parks & Recreation office when pick-
ing up approved request. (At least seven (7) days in advance of
scheduled reservation).
g. If cancellation is not made within 48 hours, a five dollar ($5.00)
service charge wi 11 be taken from the deposit fee.
h. No direct payments shafl be made to-a leader, or any employee of
the Parks & Recreation Department, at the time of usage. Any
charges, in addition to pre-payment, will be billed to the organiza-
tion by the Parks & Recreation office.
-.....
·i'•\ \
EXHIBIT A
Terms & Conditions
for use of
Memorial Park Pond by DeAnza-Vallco Optimists
1. Permission is granted to DeAnza-Vallco Optimist as the
sponsoring organization of the concession.
2. A financial report identifying all revenue and expenditures
must be submitted to the Parks & Recreation Department at
the conclusion of the season.
3. All equipment and supplies must be removed from the park
daily.
4. The concession operation must have constant supervision.
5. Ten percent of net proceeds shall be paid to the City of
'Cupertino for park maintenance.
6. Remaining net proceeds shall be used for Project T.E.N.
7. The City of Cupertino shall monitor the concession operation
and make modifications as deemed necessary by city staff.
If, in the judgment of either the City or the permittee,
the operation of the concession becomes undesirable, the
agreement may be terminated.
Date: , I r
(Representative of Optimist-Vallco Optimist Club)
IO~OO Torre Avenue Cupertino, California 95014 (408) 252-4505
SU ARY
I
AGENDA ITEM NUMBER~~~~~~~~~~~~AGENDA DATE~~-6_/_l_/_82~~~~~
SUBJECT ANO ISSUE
DeAnza-Vallco Optimist Club request to conduct a model boat concession for
this suIIh~er (1982) for teen employment program.
BACKGROUND
Attached is a copy of the request from De Anza-Vallco Optimist for a fund-raising
concession to be conducted at Memorial Park this summer. The City has resisted
this type of' commercial concession over the years and the matter was discussed,
extensively, at the June 3 Commission meeting. I have attached a summary of the
commission's discussion on this issue for your perusal. The commission's action was:
"Recommend to City Council to approve Project 10 on a temporary basis for 13 weeks
which would include monitoring by staff and making adjustments as necessary. If,
during this 13-week period, the situation becomes untenable, the City of Cupertino
·has the option to rescind the agreement. Commissioner Butler seconded this
motion. Motion passed 5 Ayes, 1 Opposed (Pisano) w/Pancharian absent.
Although the commission supported the concept, there are two primary concerns:
1) the logistical impact of the operation -which may be controlled by staff
monitoring and adjusting, as necessary; and
2) the issue of granting permission to what is presently a non-existent non-
profit organization. The intent of recent actions regarding non-profit
concessions in public parks was to control those groups eligible. This situation
would negate that intent.
STAFF RECOMMENDATION
Council approve the request as per the conditions stated in the P&R recommendation
with the following additions: 1) the DeAnza-Vallco Optimist Club be the sponsoring
group; and 2) a financial report on the operation be submitted to City identifying
all expenditures and revenues.
SGD/mmm
APPROVED FOR SUBMISSION
TO THE CITY COUNCIL
Robert \o/. Quinlan, City Hanager
BUSINESS INVESTMENT COUNSELORS 920 SO. SARATOGA A VENUE, SUITE 209, SAN JOSE, CA 95117
(408) 243-3545
May 25, 1982
Steve Dowling, Director
Cupertino Parks and Recreation Department
City of Cupertino, California
Dear Sir:
The De Anza-Vallco Optimist Club desires to ask for approval of a
proposed electronic model boat concession to be operated in the
Cupertino Memorial Park from June 15 to September 5, 1982.
The funds derived from the concession will be used to operate a Teenage
Employment Center in the City of Cupertino for youth between the ages of
14 to 21 years.
Your kind consideration of this request will be greatly appreciated.
Respectfully,
~~.~ Director of Project Ten (Teenage Employment Network)
De Anza-Vallco Optimist Club of Cupertino
RNB :cah
cc: Reed Spark, Mayor
Bob Quinlin, City Manager, Cupertino
COUNSELLING SALES APPRAISALS
REQUEST FOR CONCESSION APPROVAL
The De Anza-Vallco Optimist Club of Cupertino seeks approval of a plan
to operate a 10-unit electronic model boat concession on a small SO-foot
diameter water pond in Memorial Park during a thirteen week summer
period, June 15 through September 5, 1982. The concession will provide
n=cessary operation funds to support a Teenage Employment Center (TEC)
in the City of Cupertino for youth between the ages of 14 to 21 years.
'Ihe T.E.C. is a part of the annual Teenage Su.-nmer Employment program
sponsored by the De Anza Vallco club which provides a center for
employing youth of Cupertino.
PROJECT:
The electronic model boat concession is a new remote-control system
which permits players to operate model boats through an electronic
a:>ntrol device. The proposed concession will joint-venture a 10-boat
system with D & E Marketing International Corporation, a Santa Clara
Manufacturer of such systems, to operate in the Cupertino Memorial Park
Center (50-foot) pool. The pond would be protected by portable fence
and control center standards·. The boats would be operated 4 or 5 days a
week during a 13-week period through the sum..~er. The fencing, control
centers and boats would be removed each night and re-installed each
w:irking day.
Participating players and on-lookers would be sheilded from the pond by
fencing and the non-duty" concession operators. Players can manuever
the boats at electronic remote-control centers using ahead, left, right
and reverse controls. The boats will cost fifty cents for 4 minutes
C'.Peration.
· The concessionaires would keep debre and foreign ~~tter from the pond
&iring operation. A percentage of the concession income, approximately
ten percent (10%), would be paid to Cupertino Parks and recreation to
help in the maintenance of the park.
J
DEMONSTRATION:
A demonstration of the system can be provided by Mr. E. A. Cook, owner
of D & E Marketing International Corporation, Telephone (408} 988-4694,
or Mr. R. N. Bogoger, (408) 243-3545, Coordinator of the project for the
Gptimist Club.
A copy of an article about such systems printed in the March, 1982 issue
of the Entrepreneur Magazine, is furnished with this request.
-2-
R
New Co petition for Video Games
ith the soa.-ing popular-
ity of Pac Mai.1 and
Space Invaders, you may think that
video games are taking over the country,
but before you toss your last quarter
into the computer take a look at the re-
mote-control games that are now crop-
ping up in shopping malls and amuse-
ment parks across the country. Unlike
the video games, which rely on abstract
visual cues, the remote-control gai."Iles
. offer a much more realistic, physical
thrill. And because of low operating and
service costs, says manufacturer Mat-
thew Kennedy, an installation in a high-
traffic area can earn considerably more
than a bank of video games.
One remote-control system, the Har-
bor Pilot, consists of a small pool about
8 inches deep on which between 10 and
30 miniature boats glide. In the land
systems, miniature Baja Buggies, bull-
dozers or race cars speed around mini-
courses. Each site has stations equipped
with steering wheels and accelerators,
with each station directi..1g one unit. To
activate a station the player simply in-
serts a token, worth 50 cents, which
buys him two minutes of play.
From Pinball to Baja Buggies
The sole manufacturer of these re-
mote-control installations is POLAR
BEAR ENTERPRISES, a Michigan-based
company which was founded in 1973 by
Kennedy, a former real-estate agent,
and his pa.rtner, Harry Kurtz. They first
bought into one amusement arcade,
then used the profits to buy out their co-
owner. The next step was to distnbute
and operate video and pinball machines.
But because of the high breakage rate of
traditional arcade games, the pa,-tners
soon began looking for alternatives
both to operate on a concession basis
and to sell directly. Within three years,
they were turning to remote-control
games.
ENTREPRENEUR MAGAZINE• MARCH 1982
With a longer life and higher profit potential than video games, miniature remote-control boats are
both promotional attractions and big money-makers in amusement parks and shopping malls.
Kennedy explains, "We based ·the
idea on the sa.me remote-control toys
sold for home play. The trouble is, those
models won't hold up under heavy use.
We had to design a system that was big
enough and durable enough for com-
mercial use.''
In 1978 Kennedy and Kurtz devel-
oped a system with 15 stations and in-
stalled it in an amusement park on a trial
basis. Over that winter they negotiated
additional contracts and, with their first
orders in hand, expanded the company
by hiring 15 employees and subcontract-
ing the manufacturing end of the busi-
ness. In the second year they installed 13
new systems. And as of today Polar
Bear has installed some 35 systems, with
more L'1a.1 600 stations, i.1 19 theme
parks and four shopping malls. While
they still handle some traditional arcade
amusements, the remote-control sys-
tems provide the bulk of thdr revenue.
In the next year they expect to sell or
lease between $3 million and $5 million
·worth of remote-control systems.
Concession Profits
In some parks and malls, Polar Bear
operates its systems on a concession
basis, absorbing the cost of site prepara-
tion, parts and service. Site preparation
involves constructing a course or, for
the Harbor Pilot, a pool, and installing
the stations and a restraining net or
fence between the stations and the
course. Kennedy quotes $10,CXX> as the
cost for installing the Harbor Pilot from
the ground up, but he quickly adds that
many locations have preexisting pools
that can be adaoted to the system. Sites
for the land-b~ed ga.-nes, which are
9
·.
FUNDING ALLIANCE
CORPORATIQN ffi
FRANCHISES
AVAILABLE
In Many States
Complete Training-
$18,000 Required
Chase Revel
Chairman
Gregoi)' Adams
President
generally smaller and require less con-in the spare boat to No. 14, and it v.'ill
struction, are considerably less costly. replace that boat."
Polar Bear splits the profits from its In the context of a shopping area, I
concessions equally with the owners of these remote-control devices cai"'l be as
1
1
1
·:
the park or mall. According to Kenne-valuable for promotion as for direct rev-
dy, profits can sv.ing from about 6 cents enue. Just as stores and restaurants are
I! all the way up to 60 cents per player. installing video games to draw business, '
Polar Bear also sells its installations so are shopping-mall deveiopers install-l.
· I directly. The minimum order, which in-ing these systems to attract shoppers. i dudes 10 stations, costs $34,500. Each But the promotional possibilities don't 1
additional station, up to the maximun1 end there. Individual store owners in the 1,.
of 30, costs $3,450. This price inciudes mall mi&-h.t, for example, use these re-
neither the cost of site preparation nor mote-control cars or boats as miniature I l of the audio-animated props, which in-billboards. Or they might offer free !
elude a lig.h.thouse v.ith blinking light and tokens with a purchase. The promotion-
11
:_;1
siren, moving bridge, isiands, houses, al ·opportunities are particularly attrac-! and scoring systems, which make th_e tive for family-oriented pusinesses. 1 i course seem more realistic and exciting. -· Low-Cost Advertising 1
!
1
i
1
Despite the steep initial cost, Kennedy -f,
says, each installation brings a return on To date, Kennedy and Kurtz have
1 investment ofat least 100 percent a year. relied primarily on word' of mouth for I
I "In the right situation, with a heavy publicity. They make thebulk of their I
1
1
,! flow of passing traffic, an installation contacts through conventions of amuse-!
should ea.rn on a par with or more than a rnent-park operators and shopping-mall J_
bank of video games." A single video developers. Largely because Polar Bear l game nets, on average, between $50 a..TJ.d is the sole manufacturer of comn1ercial t
, I $70 a week. remote-control systems, they haven't l
\ One sourct of increased revenu.e is the had to invest in additional advertising. I
I token that's used to operate the system. Polar Bear may eventually open up to -I
II Players may buy these tokens e~ther di-franchisees, but Kennedy expects the · i
reedy from the attendant or from a company will rely on exports:and new -J
Ill token vendor, which dispenses two ~tributorships for imniediate expan-!
tokens' i..11 exchange for a QOllar bill. Ac-sion. A distribUtor for Polar Bear would I
cording to Kennedy, the· use of tokens need to unders~Tld the amusement busi-1
,:'.
eliminates problems with bent or ness and have access to operators and
jarr.med coins or foreign currency, but developers of theme parks a.rid shopping ~
their most substantial advantage is the malls. Because of the initial expense of .1,
waste factor-about 10 percent of all these systems, Kennedy says he'll nego-; players walk away with at least one tiate each distributorsliip on an individ-!
unused token. ual basis to determ1."1e what stock the
distributor should carry.
Thanks to their novelty, Kennedy be-Few Service Problems
\
lieves, the remote-control systems basic-
system have a full-time attendant, even ally sell themselves. To maintai.t1 this
1 if a token vendor is used. When the sys-novelty, Polar Bear will introduce at
tern is installed, Polar Bear will train the least one new high-capacity, revenue-
attendant, free of charge, to handle producing remote-control system per
minor repairs, complaints and security. year. "We have come up wiLli ideas a..'ld
Major repairs must be handled by Polar concepts that we think are just outra-
Bear, but Kennedy insists that these are geous," says Kermedy, "and the poten-
rare. "We're not outto make money on tial is unlimited."
service," he says. "Since we handle so . Anyone interested in buyh1g or clistnb-
1 many of these systems on a concession uting these remote-control systems I . arrangement, it benefits us to build in should contact Polar Bear Enterprises,
I quality .from the beginning." 3637 Groesbeck, Mt. Oemens, MI 48043.
·. One safety ~echanism in the remote-Entrepreneur's Opinion
-control games ~ what Polar Bear calls l Dial-a-Station.Tue receivers which pick We think this is an exciting new concept
, -: up signals from L'lie stations to direct the in entertainment and expect to see ex-
1 miniature cars.and boats are all inter-pansion in ~hopping malls around tr.e
Call 213 • 479-3989 I changeable. As Kennedy explains, "If country as mall operators look for new
L:;;;;;;;;;;;;;;;,;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;:;;;;;;;;;;;;;;~\~bo~a-t_l_4_b_r_ea_ks~,-~o_u~cru:-n ___ ru_·al_t~h-1e_r_ece_p_h_·er~~w-ay._~_o_if_a_t_m_a_c_ti_ng_J_f'a_m_._ily~s-h_~P_1J>e~rs-.~'-'~
ENTREPRENEUf'i MAGA7.INE •MARCH 195
Citlf cf Cupe1'tf110
City of Cupertino 10300 Torre Avenue Cupertino, California 95014 (408) 252-4505
To: Parks & Recreation Commission Members
From: Stephen G. Dowling, Director of Parks & Recreation F Date: June 1, 1982
Subject: AGENDA ITEi.'1 116, JUNE 3, 1982 P&R COMMISSION MEETING
Please review the attached request submitted by DeAnza-Vallco Optimist Club.
To assist you in forming a recommendation," I have outlined a number of issues
for your consideration:
Advantages
1) The teenage employment center is a vehy worthwhile beneficiay of
the proceeds
2) The on-site control appears satisfactory
3) The concession would be an added attraction and service to the
public
4) The City would welcome a percentage for park maintenance activity.
Concerns
1) Although the program is a fund raiser, D & E ¥.arketing will make
a profit as operators of the concession. I don't believe this was
the intent of our recent actions relative to concessions in parks
2) Approval may establish a precedence for any commercial concessionaire
to work under the auspices of a non-profit organization.
It would appear the underlying issue is to what extent does Cupertino want
to permit concessions in public parks. As you are aware, the federal
park system has utilized concessions extensively, and some county and
city agencies areas are beginning to allow their operation. However,
ultimately, the matter must be decided on the local level.
mmm
Attachment:
'
PARKS & RECREATION DEPARTMENT -COMHISSION EXCERPTS
Excerpts from Parks & Recreation Commission of June 3 re: DeAnza-Vallco Optimist
Club's request to operate model boat concession for teen employment
fund raiser.
Mr. Richard N. Bogoger of the De Anza-Vallco Optimist restated the information
contained in the written request with one significant change. D & E Marketing
would not operat~ the concession, thereby~ eliminating the conflict of having I . a commercial vendor profiting in a public facility. However, a non-profit
organization, Project 10, would be formed and the organization would buy the
equipment and operate the concession.
Under the international club rules, the Optimist Club is not allowed to raise
funds nor employ individuals for this purpose. The Optimist Club has applied for a
non-profit status for such a project but, as of this time, has not received it.
Mr. Bogoger stated that he felt by operating such a concession at Memorial
Park no less than 4 days each week, the Club could raise the necessary funds to
operate the, teen employment network. He assured the com._TJdssion that it was a
low profile, family oriented concession that would not impact the park adversely.
Commissioner Ewbank asked Mr. Bogoger how the club planned to pay for the
$14,000 investment (boat system). Mr. Bogoger explained that a loan would have
to be made and be repaid on a monthly basis by the Club with funds that would be
raised, along with paying for youth employees to run and maintain all aspects of
the project.
Commissioner Arnold asked if the non-profit status has been applied for,
to which Mr. Bogoger said it had and would take about 90 days to be granted.
It was brought out upon questioning that all the equipment would be removed
from the park after each day of use in order to safeguard the equipment and save
the City from any insurance liability.
Connnissioner Butler asked: 1) What is the noise factor? (2 small electric
motors with virtually no noise;
2) Anticipated costs of installation ($800);
3) Request that food served with concession (No);
04) What is anticipated revenue expected per day of
of operation? (About $250).
Commissioner Butler also asked if such a concession is already in operation
in Santa Clara County. Mr. Cook answered the boardwalk at Santa Cruz and Happy
Hollow has accepted such a concession on behalf of San Jose Parks and Recreation
Department.
Commissioner Arnold stated that she had no problem with such an operation, but
that the management was very important. She stated that she and her family had
seen, and had taken part in playing with such a gadget and that it was represented
correctly by the representatives.
Commissioner Minnick stated that, if the City allowed such an operation,
was it not sure that the City, in essence, would be helping the Club pay for such
an investment for the Club and after it is paid for the Club could use the equipment
to raise funds anywhere. Mr. Bogoger assured the commission that there would be
no third party making money on such an investment. That all funds would go to
(continue)
Page,2 -Excerpts from P&R Commission of June 3 re: DeAnza-Vallco Optimist Club's.
request to operate model boat conc·ession for teen employment fund raiser."'.
help Cupertino area youth.
Director felt that $14,000 was a considerable investment.
doesn't work out at Memorial Park, how would the investment be
Bogoger seemed to feel that it was an exce~lent place for such
felt that it woujd be a good investment.
If the operation
repaid? Mr.
an operation and
Upon persistent questioning from Connnissioner Pisano, Mr~ Bogoger admitted
that, actually, the City would not have an agreement with DeAnza-Vallco Optimist
Club, but with a second non-profit organization, unnamed at this time.
Mr. Pisano felt that the Commission needed more input and clarification of all
aspects of operation. Mr. Bogoger stated that the City would receive 10% of
any profits, and any funds over and above all expenses would go to the Optimist
Club. Upon continued persistance from Commissioner Pisano, Mr. Bogoger admitted
that the Optimist Club could not, directly, be involved in such a project, but
by organizing a sub non-profit vehicle, excess funds could be funneled back into
the Optimist Club's treasury.
Commissioner Arnold stated she liked the concept of such an operation. If
it could be used to hire youth for the summer, it would be serving its purpose.
This operation could be used as a trial operation and Commission could evaluate
and use as a basis for other operations which would be asking for various uses.
Commissioner Arnold feels it would give the ColllF_..ission a better feel for things
that could be coming before the Parks & Recreation Commission in the future.
Commissioner Arnold added that she would like to recommend allowing Project 10
be allowed to operate 6n a temporary basis on City property.
When questioned, Mr. Bogoger stated that, should the operation not be
profitable, the unit (boats) would necessarily need to be sold to someone else.
When Commissioner Ewbank asked Director, he answered that there is no legal
reason why such an operation could not operate, each community must decide for
themselves. Director went on to state the City must decide if this is the type
of thing Cupertino wants; does it open up doors for other operations that may not
be as desirable (such as a hot qog concession requesting permit under the guise of
raising funds for youth groups, etc.)?
Commissioner Arnold stated that she felt the operation should be given a trial
period in order to learn about concessions.
At this point, Commissioner Pisano stated that he had a number of concerns:
1) how would it impact the use of the amphitheatre for weddings and various other
uses of amphitheatre?
2) how would it affect the Seniors at the adjacent center?
3) would there be an overuse of the park?
4) what is the continued impact for a 13-week period?·
5) how would it impact parking?
6) would it entice the wrong type of people use? And, finally,
7) the vehicle the City would be working with at this point would not be the
Optimist Club, directly, but with a so far unnamed entity.
Commissioner Pisano felt the Optimist Club was putting the cart before the
horse; that the non-profit status should be obtained before asking for a City
Page 3 -Excerpts from P&R Commission of June 3 re: DeAnza-Vallco Optimist Club's
request to operate model boat concession for teen employment fund raiser.
park facility to insure that line of responsibilities would be clear. Cow.missioner
Pisano felt, also, that there was a legal problem involved.
Mr. Cook restated that the boats are a low profile, family oriented game
that people woul~ play if they happened to see them, that they would not draw
crowds; and that the boats would not draw the young adults (a con~ern of Commissioner
Pisano).
Commissioner Arnold, at this point, stated she would like to recommend that
this project be permitted as a trial for non-profit concessions so P&R Commission
could evaluate the possibilities of future requests.
Commissioner Minnick stated she would not vote on such a recommendation unless
there were some safeguards built into such a recommendation, such as a review
process after a limited time. Commissioner Arnold withdrew her motion and
Commissioner Ewbank withdrew her second of such a motion.
Commissioner O'Hara feels that by giving Optimist Club permission for concession
would not help to evaluate every concession because every concession would most
likely be very different. Commissioner O'Hara went on to state that she felt
that the boat concession lends itself nicely to ~emorial Park. That any concession
to be considered must lend itself ideally to each facility requested. Commissioner
O'Hara & Commissioner ¥,innick feel that, should the boat concession be approved,
it should be reviewed after a period of three weeks.
There was discussion about City control over the operation, whether it should
be in the recommendation or in the agreement itself. Commissioner Minnick was
strongly against any advertising signs on the boats (a method Mr. Bogoger had
thought would be an additional fund raising vehicle). Other Commission members
agreed with Commissioner ¥iinnick in that respect.
After further discussion, Commissioner Arnold again stated that she would
like to make the motion to: Recommend to City Council to approve Project 10 on
a temporary basis for 13 week~ which would include monitoring by staff and making
adjustments, as necessary. If guring this 13-week period, the situation becomes
untenable, the City of Cupertino has the option to rescind the agreement.
Commissioner Butler seconded this motion. Motion passed with 5 Ayes, 1 Opposed
(Pisano) with Commissioner Pancharian absent.
mmm
6/4/82
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