POOL NEGOTIATIONS: COUNCIL MEETING 2/14/23
INTRODUCTION:
Thank you for staying up so late to discuss. I am glad that SOLO was removed from consideration because it has no experience running a pool.
The SWAN firm is still being considered. However, they list insufficient hours to accommodate all the needs of the community, and since they are from out of state, they may have unrealistic ideas of the cost of living, and difficulty in obtaining staff in this area. They also seemed to have a lot of upper management.
It is also difficult to assess what might happen with the E. Menlo Pool since it is not yet in operation and no one knows exactly what the local residents want, or who will be patronizing the facility. It seems premature to award a contract for that pool.
Many thanks to Council Member Taylor for reminding the Council that one option to consider is for the City to run the pool. This option has some distinct advantages with respect to the Burgess pool. It would seem that the Council considers the most viable options to be Sheeper or City administration of the pool.
WHAT IS DESIRED IN A COMMUNITY POOL?
According to the Council and the RFP it should be available to all: irrespective of race, wealth, religion, gender affiliation, age or infirmity. Sheeper discontinued a very popular and well subscribed program that catered to the elderly and infirm, and the overarching emphasis at the pool at present is for activities catering to the ultra athletic. Many of the older residents have been paying the taxes for many years that make the pool possible. There is also very little fun time presently scheduled for regular families, and the children’s programs seem unduly expensive.
Given all the development (both business and residential) in the Bellehaven area, it seems premature to contract that pool out without knowing what the residents (as opposed to the high tech workers in that area), want for their pool. Since that pool is connected to the vibrant Bellehaven Senior Center, it is to be hoped that the pool would cater to seniors and also to the children living nearby. The Council requires similar activities in both pools, yet that might not be possible. It would seem prudent to bifurcate management of the pools or have the City assume management.
**************************
ISSUES RELATED TO SHEEPER CONTINUING TO RUN BURGESS POOL:
(At Council Meetings last year he seemed disinclined to run the Bellehaven pool.)
Which Entity and which Activities are Covered by the Contract:
The document refers to Team Sheeper Inc. (Cal. Corp. 3360101). Yet the current pool web page is headed “Menlo Swim and Sport,” while the Secretary of State has Team Sheeper Swim and Sport Inc. (3497575). What does this contract cover since Sheeper Swim & Sport runs the Tennis lessons in partnership with another firm? Who are the shareholders in the corporations? Are the shareholders also employees?
Are the Expenses listed in the Accounting Information Related Solely to the Burgess/Bellehaven Pools?
The CFO of all the enterprises appears to have an office in North Fair Oaks. There also seems to be a lot of upper level management that could perhaps be involved with Triathlon, biking and running activities.
Possible Conflicts of Interest?
Sheeper has many very enthusiastic supporters, especially in the Masters and Triathlon groups. However, these swimmers enjoy significant advantages over other pool users as detailed below in the equity section.
One example entails the Masters group having exclusive use of the pool when it was closed to all others (e.g. Christmas and New Year Days.) During Covid they had use of the pool when it was not available to others, despite at least one member of the Masters team catching Covid.
Recently there was a show of appreciation for Masters coaches, and cash contributions were solicited for those coaches, including Tim Sheeper.
There are three instructors listed for the Aquacize programs: a Gastroenterologist, a Physical Therapist, and a retired pharmacist. At least two of them are Sheeper triathlon participants according to their bios on the pool website. It has been rumored that should Sheeper not get the contract, they will no longer teach. There are reasonable alternatives such as outsourcing to the YMCA, and Foothill or Canada Kinesiology Depts. should this occur. (Redwood City is proposing to have the YMCA run their new pool at Red Morton Park.)
The so called “water therapy” class seems to no longer be offered since it is not now listed on the web site. https://www.revolutionsinfitness.com/water-wellness-program. In any event the Burgess pool at least is not equipped to offer any kind of water therapy class, since such a pool cannot also be a recreational pool; has to have in water ramps and rails; and be in a facility that is totally ADA compliant – which Burgess is not.
The PT firm that was subcontracted for this was connected to Team Sheeper Triathlon bicycle activities.
Liability Issues:
The city is presently not in compliance with the most basic ADA requirements. The proposed contract calls for the City to assume virtually all maintenance of the pool, and provide most of the supplies. Despite Sheeper having insurance and a waiver of liability, perhaps there is still a problem if an injury occurs because of a maintenance or supply issue.
Safety:
Accidents will happen at any pool. Burgess is no exception. There was an incident in August 2017 https://www.almanacnews.com/square/2017/08/04/five-year-old-boy-saved-after-near-drowning-incident-at-burgess-pool-in-menlo-park
Another in June 2019 https://padailypost.com/2019/06/29/girl-nearly-drowns-in-burgess-pool/
Equity Issues Involved in Pricing and Lap Lane Availability:
According to the pool website the Masters Program costs $114/month or $104 for seniors. There are 9 lanes available M-Sa between 6 am-8a.m. (108 lap hours); 9 lanes available Sunday 7-8 a.m. (9 lap hours); and M-Th. 8 lanes noon- 1 pm. (32 lap hours) A grand total of 149 lap hours/week. No resident/non resident pricing.
The 100 or so Triathlon participants pay $180/month ($2160/Year) which includes all Masters workouts and any lap swimming time! (no resident/non-resident pricing)
Lap swimmers pay $65/month, $52/month for senior residents; $72/month, $61/seniors for non‑residents and they can use either pool.
Aquafit participants pay $78/month, $70 seniors. Classes are held 4 times/week for 1 hour and twice a month on Mondays for 1 hour, during which the classes have the use of only 4 lanes in the warm pool. This equates to 16 lap lane hrs (excl. the twice a month Monday class)
When the “Water Therapy Class” lasted they only got 2 lanes twice a week for $119/month
There is very little Open Swim time: Just 4 lanes Saturday and Sunday afternoon in the warm pool.
The afternoons during the week, in both pools, are devoted to lessons and youth competitive teams. At one point Burgess was hosting the Palo Alto/Stanford competitive team which certainly does not belong at the Menlo Park pool, since it apparently migrated from first a country club, and then from the Stanford campus.
Thus it is crystal clear that the major beneficiaries of the Burgess Pool are the Triathlon and Masters participants, which is NOT what should happen in a Community pool.
THERE ARE OTHER (CHEAPER) LOCAL MASTERS/TRIATHLETIC PROGRAMS:
Stanford University:
They have a Masters Swimming program available to non-Stanford affiliated community members for $900/year (nearly 3X times cheaper than Burgess) at the prestigious Avery Aquatic pools. https://web.stanford.edu/group/masters/membership.html
Rinconada in Palo Alto:
This costs $88/month or $80 for seniors Masters Swim - Palo Alto Swim (significantly cheaper than Burgess although run by Sheeper) Why is that?
Masters Swim - Palo Alto Swim
Palo Alto Masters is a growing community of swimming enthusiasts who strive to push their boundaries in a friend...
Canada College Has a Masters and Tri Athlete Program
Los Altos Mountain View Masters at Foothill College:
WHAT IS THE POSSIBLE ATTRACTION OF THE BURGESS POOL FOR TRI-ATHLETES?
Why would anyone want to use Burgess in preference to a cheaper, better pool, with world class coaches at Stanford?
Central, convenient location?
Access to pool almost 24/7?
Advantageous Professional contacts?
Link up for children’s athletic activities?
Link up to bicycle activities?
Ease of free parking?
Sheeper Personality?
Closeness to Railroad?
************************************************************************************************************
OPTION FOR CITY MANAGEMENT OF THE POOLS:
Currently the city spends nearly ¾ $million/year on maintenance, paying for everything down to bathroom supplies, and does not get any real financial percentage benefit if the pool is profitably run. This is especially so if the percentage return is based on the net rather than the gross, since expenses (especially salaries) can be inflated.
At present Sheeper subcontracts out some activities (e.g. “Therapy”) and presumably leases out lanes for other activities such as Mavens and some competitive teams. The City could do the same, which would obviate the need for pensions and other staff benefits. With Sheeper subcontracting out operations, this creates middlemen and an inflation of cost to the residents. SHEEPER STAFF:
Life guards according to the Job Openings on the pool website, Lifeguards can only expect to be paid $20/hr which is only just above minimum wage, and since the proposal submission lists mostly part time positions very few would qualify for benefits.
Instructors/coaches: I believe, but do not know, that some of the Aquacize instructors get an hourly fee (as little as $30) when teaching.
Swim Instructors: According to the website swim instructors can get $24/hr. The only apparent full time workers would appear to be the receptionist, the grounds person and the “Pool Manager” all of whom could be temporary.
The Sheeper submission lists several higher level staff. The Team Sheeper CFO seems to have an office in North Fair Oaks and presumably works on other than the Burgess Pool finances. The City recently hired Patricia Mullan who has all the credentials to perform accounting or management function and it seems redundant to have a separate financial person monitoring the accounting for the pool.
SUBCONTRACTING/LEASING: There is no reason why the City could not continue to subcontract some functions or lease out lanes. Two activities that have many passionate devotees are the Masters and Triathletes’ programs and there is no reason why the city could not lease out a specific number of lanes at specific times for those members, without allowing them free use of all lap lanes every day as appears to be happening to the detriment of other would-be users.
At present there is a highly inequitable pricing/lane availability structure benefiting the Masters and most especially the triathlete participants as is detailed in the section on Equity.
AQUACIZE/WELLNESS:
It has been rumored that should the City not grant the contract to Sheeper all the present instructors would quit. That would be a pity, but several years ago the City outsourced this to Foothill College Adaptive Physical Ed. There is no reason why this should not be a reasonable solution. As people aged they often transferred from Aquacize to the Wellness classes.
Aquacize is a high energy activity equivalent to Jazzercise that is usually held in shallow water. Currently this program is very popular and is fully subscribed. People in these classes go all year round whatever the weather. These classes could also be outsourced to Foothill. Or Canada College, both of whom have kinesiology programs.
Wellness: These classes are often conducted in deep water with flotation devices so that there is minimum impact on bones or muscles. They are particularly beneficial to those elderly people with mobility issues, and especially for those with arthritis, heart problems or who have had strokes. People in these classes have little to no other exercise outlets and need the classes for their physical and emotional wellbeing. These classes (when they were held) were extremely well attended and people would come all year round, whatever the weather because their health depended on the exercise. It was also a valuable social activity for older citizens. People in these classes are often not active in complaining or making known their wishes. These classes too could be outsourced.
(Additional resources that the City might check are Medicare Advantage and Medicare Gap programs such as Aetna and United Health Care that allow participants free access to qualified Wellness programs. Presumably they reimburse the suppliers. If this worked out it would make the pool available to more elderly residents.)
Water “Therapy”:
This is a serious misnomer. Exercising in water is therapeutic for many older people and those with disabilities, or who are postsurgical. However, being a therapeutic exercise is NOT WATER THERAPY. For that to occur a special pool with full ADA equipment, including an in-water ramp, rails and other specialized equipment is mandated plus no recreational swimming is allowed in a therapy pool that is typically at 90+ degrees. At present, Burgess is even in violation of numerous rudimentary legal ADA requirements and is vulnerable to legal remedies, and in absolutely no way could qualify as a therapy pool. The only water therapy pool in the upper peninsula, Mickelson Pool, has been closed by Sutter Health. There is one remaining therapy pool in Santa Clara. The present (or former?) Burgess instructor, subcontracted to Sheeper, is a physical therapist but that does not qualify her as a Water Therapy instructor. These classes should be discontinued in favor of Wellness classes.
FUN TIME:
The Sheeper model is all about competitive swimming. A pool should be a time for fun - especially in summer – for kids, teens and families. Being in water is also often a relief from pain and is supposed to be helpful for pregnant women. The City could manage these classes with temporary help.
BABIES:
Sheeper has (expensive) classes for babies that are held on the steps to the warm pool. Not only does this hinder people getting in and out of the pool, and often provides a contamination problem. Sometimes the child screams in fear for the entire half hour that it is semi-submerged in what I would deem extreme child abuse. A more comforting way for a kid to be introduced to water would be in the safety of its parents’ arms and this could be accomplished by having “mother and baby” times in the warm pool. The “Baby Pool” as it exists appears to be a total waste of space since it is only in use in midsummer.
BOTTOM LINE:
By outsourcing management of the pool(s) the City is creating work for itself. Right now it has little control over what happens in the pool and is apparently inundated with complaints. At least, if the pool was managed by the city it would have some control over what happens. The people in East Menlo Park may have entirely different needs from those using Burgess. There might also be conflicts between residents’ desires and those of high tech workers at Facebook etc. that are based in that area. The RFP does not take this into account.
I would hope that the City Attorney and City Manager would give very close attention to the terms of any contract, and would scrutinize the financial data and do a realistic cost/benefit analysis to see what, if any, benefit would accrue to the city should pool management be contracted out versus maintaining that function within the city.
If the Council decides to offer a contract to Sheeper, I hope that the document will spell out absolutely clearly the requirements for delivering programs to all segments of the community, not just the privileged and the athletic. My hope is that this will be especially monitored for the Bellehaven community which has fewer recreational opportunities, and is not so affluent as the west side of Menlo Park, and may have different desires for their pool.
Thank you for taking the time to examine and evaluate the different options. It is going to be difficult to please everybody, but the triathletic community is generally more privileged and has an array of opportunities than many others do not. It would also seem that this group may comprise fewer actual Menlo Park residents than some other groups. The pools are (or will be) a great asset to the city and should be shared more equitably.
