** Council may approve proposed contract this week.
By Rory Brown
Almanac Staff Writer
The Menlo Park City Council could eliminate more than $500,000 of the city’s projected $2.9 million budget shortfall at its February 28 meeting, but to do so would mean handing over the operation of the new Burgess Aquatics Center to a private sports organization for five years.
The council will review a proposed contract between the city and Tim Sheeper, who says his competitive sports training program known as Team Sheeper LLC will operate and maintain the new three-pool Burgess facility at no cost to the city. Mr. Sheeper is founder and head coach of the program.
Although the proposal to operate the pool was made public only four weeks ago, the council appears poised to approve the contract this week.
Councilwoman Lee Duboc called the contract a “win/win” situation. “I’m looking at this as a budget issue, bottom-line,” she said. “We’re cutting a huge cost to our city, but we won’t be cutting a city service.”
But that optimism and support is not shared by everyone, and the council has received a cluster of e-mails critical of turning the pool operations over to a private firm without more public review and studying of alternatives.
To the rescue
In early February, the council discussed delaying the April opening of the new aquatics center due to budget uncertainties, but Mr. Sheeper came forward with plans to open the pools on time.
The pools were in the crosshairs since 75 percent of those who responded to a community-wide budget survey identified the aquatics program as a place to cut spending.
The projected yearly cost to operate the aquatics center is $589,965, including $404,783 in personnel costs, said Michael Taylor, the city’s acting community services director.
Mr. Sheeper, a resident of unincorporated Menlo Park, says he is confident he can cover the operating and staff costs.
“We’re willing to take on the risk and responsibility of running the pool, and hopefully the community will get behind us,” he said.
Fees, schedule unknown
The specific hours of public access and the fees are yet to be determined.
“Access to the pool will be priced appropriately and competitively, Mr. Sheeper said. “I want people at the pool. The goal is to make the pool a major part of the community’s lifestyle.”
Mr. Sheeper, who declined to say how much revenue he aimed to bring in each year, said he didn’t know if rates would be significantly different from those the city has charged in the past.
Councilman Andy Cohen said the contract “isn’t specific enough for [his] liking,” largely because fees and a specific schedule aren’t defined. “I can’t vote for it,” he said.
Others are also critical of the fast-track consideration of the contract.
“How can you even consider privatizing a public facility — a brand new one at that — in such a cavalier manner?” said former Parks and Recreation Commissioner JoAnne Goldberg in an e-mail to the council.
Former planning commissioners Stu Soffer and Patti Fry also wrote critical e-mails to the council. “There is no reason to rush a decision of this magnitude,” Ms. Fry said. “Service levels for the residents and staff of Menlo Park should be clarified and specified before signing anything.”
The Parks and Recreation Commission also unanimously requested that the council delay consideration of the contract until the commission can review it. The contract wasn’t complete before the commission’s February 22 meeting.
City Manager David Boesch said city staff will confirm that the rates and schedule set by Mr. Sheeper “are in compliance with what the contract calls for.” He said the council could specify that the rates and schedule would need its approval or that of the parks commission.
Drop-in rates for recreation and lap swimming at the previous Burgess facility were $4 for adults, $2 for seniors, $2 for students and $1 for children 12 and under, said Mr. Taylor.
City’s assurance
Although there is no trial period for the city to test a working relationship with Team Sheeper, Mr. Taylor says the contract provides the city assurance that community needs will be met.
“If the community is dissatisfied with how the pool is being run, the city will meet with Mr. Sheeper,” said Mr. Taylor. “For whatever reason, if things don’t improve, the city has the ability to terminate the contract.”
The contract states that failure to meet public access, noise restriction and parking needs are grounds for terminating the contract.
If the contract is terminated, Team Sheeper would have 90 days to leave the facility or appeal the decision to the council. Any efforts to reduce public access to the pool will also require council approval, said Mr. Taylor.
He added that the city will help maintain the pools with costs reimbursed by Team Sheeper to ensure the facility meets the city’s health and safety standards.
Belle Haven pool
Mr. Sheeper said he has no immediate interest in running the Belle Haven pool.
Mr. Taylor said the city is in negotiations with the East Palo Alto YMCA to structure a contract with the city similar to what is proposed with Team Sheeper, but only for one year until the YMCA can use its regular pool, which is under construction.
City staff plans to make a recommendation concerning the Belle Haven pool to the council at its March 14 meeting, Mr. Taylor said.
INFORMATION
To read the proposed contract online, go to menlopark.org, choose “City Council” and select the February 28 council agenda.What’s in the proposed contract?
Among key provisions in the proposed pool operations contract between the city of Menlo Park and Team Sheeper LLC:
** Team Sheeper LLC will schedule the use of the three new pools: a 25-meter by 25-yard lap pool, a 25-yard by 50-foot instructional pool, and a wading pool for children.
** The 350 participants in the Team Sheeper program will use the Burgess aquatics center as their main swim training facility.
** The public will have access to the pools for year-round lap swimming and recreational swimming from Memorial Day to Labor Day.
** Fees charged to the public must be “comparable” to other nearby public pools.
** Times must be allotted for other community organizations, including competitive youth swim groups and instructional programs.
** The city can terminate the contract within 90 days if for any reason it is dissatisfied.
