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01-20-2010 JT Mtg & Council Pkt (2)
AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JANUARY 20, 2010 SPECIAL MEETING –5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER–5:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on January 15, 2010) COMMUNICATIONS FROM PUBLIC OralCommunicationson Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications –Council Direction to Staff Instructionto Staff regarding actions on current Oral Communications. CLOSED SESSION–5:30 P.M. –ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL–ExistingLitigation: Government Code Section 54956.9 (b) (1 potential case) Castro v. City of Saratoga (Santa Clara County Superior Court) Case No.GL060696 ADJOURNED TO CLOSED SESSION OPEN SESSION –6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM –13777 FRUITVALE AVENUE. CALL JOINT MEETING TO ORDER–6:00P.M. 1 1.Joint Meeting with the Saratoga Chamber of Commerce Recommended Action: Informational only. ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Councilby City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us.Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerkat the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I,Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council forthe City of Saratoga was posted on January 15, 2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us h Signed this 15day of January 2010at Saratoga, California. Ann Sullivan, CMC City Clerk 2 èÛÚÐ× ÍÖ ùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ ùÍÏÏ×ÎØÛÈÓÍÎ ôÍÎÍÊÓÎÕ ÈÔ× éÛÊÛÈÍÕÛ ôÓÕÔ éÙÔÍÍÐ úÛÎØ éÈÛÖÖ ê×ÌÍÊÈ ùÍÏÏ×ÎØÛÈÓÍÎ ìÊÍÙÐÛÏÛÈÓÍÎ ø×ÙÐÛÊÓÎÕ ÈÔ× ïÍÎÈÔ ÍÖ òÛÎÇÛÊà ÛÉ ©îÛÈÓÍÎÛÐ úÐÍÍØ øÍÎÍÊ ïÍÎÈÔ¨ éÈÛÖÖ ê×ÌÍÊÈ ûÈÈÛÙÔÏ×ÎÈ û ìÊÍÙÐÛÏÛÈÓÍÎ ìÊ×É×ÎÈÛÈÓÍÎ ÍÎ ð×ÛÕÇ× ÍÖ ùÛÐÓÖÍÊÎÓÛ ùÓÈÓ×É ðùù ¦ ì×ÎÓÎÉÇÐÛ øÓÆÓÉÓÍÎ éÈÛÖÖ ê×ÌÍÊÈ ìÊ×É×ÎÈÛÈÓÍÎ ÍÎ úÓÐÐ ÍÖ êÓÕÔÈÉ ÖÍÊ ùÔÓÐØÊ×Î ãÍÇÈÔ ÛÎØ ûØÍÌÈÓÍÎ ÍÖ ê×ÉÍÐÇÈÓÍÎ ûØÍÌÈÓÎÕ úÓÐÐ ÍÖ êÓÕÔÈÉ ÖÍÊ ùÔÓÐØÊ×Î ÛÎØ ãÍÇÈÔ éÈÛÖÖ ê×ÌÍÊÈ ûÈÈÛÙÔÏ×ÎÈ û úÓÐÐ ÍÖ êÓÕÔÈÉ ûÈÈÛÙÔÏ×ÎÈ ú ê×ÉÍÐÇÈÓÍÎ ùÓÈà ùÍÇÎÙÓÐ ïÓÎÇÈ×É ¦ ø×Ù×ÏÚ×Ê éÈÛÖÖ ê×ÌÍÊÈ ÛÎØ ïÓÎÇÈ×É ùÓÈà ùÍÇÎÙÓÐ éÌ×ÙÓÛÐ ï××ÈÓÎÕ ïÓÎÇÈ×É ôÍÇÉÓÎÕ ÷Ð×Ï×ÎÈ ¦ ø×Ù×ÏÚ×Ê éÈÛÖÖ ê×ÌÍÊÈ ïÓÎÇÈ×É ùÓÈà ùÍÇÎÙÓÐ ï××ÈÓÎÕ ïÓÎÇÈ×É ¦ ø×Ù×ÏÚ×Ê éÈÛÖÖ ê×ÌÍÊÈ ïÓÎÇÈ×É ê×ÆÓ×Å ÍÖ ûÙÙÍÇÎÈÉ ìÛÃÛÚÐ× ùÔ×ÙÑ ê×ÕÓÉÈ×ÊÉ éÈÛÖÖ ê×ÌÍÊÈ ùÔ×ÙÑ ê×ÕÓÉÈ×Ê ïÍÈÍÊ æ×ÔÓÙÐ× ïæ ê×ÉÍÐÇÈÓÍÎÉ ê×ÉÈÊÓÙÈÓÎÕ ìÛÊÑÓÎÕ ÍÎ øÛÕÏÛÊ øÊÓÆ× éÈÛÖÖ Ê×ÌÍÊÈ ïÛÌ ïæ ê×ÉÍÐÇÈÓÍÎ èÅÍ ôÍÇÊ ìÛÊÑÓÎÕ ïæ ê×ÉÍÐÇÈÓÍÎ îÍ ìÛÊÑÓÎÕ ÍÊ éÈÍÌÌÓÎÕ ûÎÃÈÓÏ× ê×ÉÍÐÇÈÓÍÎ ûÏ×ÎØÓÎÕ ÈÔ× ùÓÈà ùÍÇÎÙÓÐ îÍÊÏÉ ÍÖ íÌ×ÊÛÈÓÍÎ ÈÍ óÏÌÐ×Ï×ÎÈ ÈÔ× ïÛÃÍÊÛÐ êÍÈÛÈÓÍÎ ìÍÐÓÙà ÖÍÊ ÈÔ× éÛÊÛÈÍÕÛ ùÓÈà ùÍÇÎÙÓÐ éÈÛÖÖ ê×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ ïÛÃÍÊ êÍÈÛÈÓÍÎ ôÓÉÈÍÊà ðÓÚÊÛÊà ô×ÛÈÓÎÕ æ×ÎÈÓÐÛÈÓÎÕ ûÓÊ ùÍÎØÓÈÓÍÎÓÎÕ ôæûù ê×ÎÍÆÛÈÓÍÎ ìÊÍÒ×ÙÈ ¦ úÇØÕ×È ûØÒÇÉÈÏ×ÎÈ éÈÛÖÖ Ê×ÌÍÊÈ ÛÎØ Ê×ÉÍÐÇÈÓÍÎ ê×ÙÍÊØÉ ïÛÎÛÕ×Ï×ÎÈ ìÊÍÕÊÛÏ ê×ÉÍÐÇÈÓÍÎ ûÇÈÔÍÊÓÂÓÎÕ öÓÎÛÐ øÓÉÌÍÉÓÈÓÍÎ ÍÖ ù×ÊÈÛÓÎ ùÓÈà ê×ÙÍÊØÉ éÈÛÖÖ ê×ÌÍÊÈ ðÓÉÈÓÎÕ ÍÖ ØÍÙÇÏ×ÎÈÉ ÈÍ Ú× ÉÔÊ×ØØ×Ø ê×ÉÍÐÇÈÓÍÎ ûØÍÌÈÓÍÎ ÍÖ ÍÊØÓÎÛÎÙ× ×ÉÈÛÚÐÓÉÔÓÎÕ ÈÔ× ùÓÈÃªÉ ÛÚÓÐÓÈà ÈÍ ÓÉÉÇ× ÛØÏÓÎÓÉÈÊÛÈÓÆ× ÙÓÈÛÈÓÍÎÉ ÖÍÊ ÆÓÍÐÛÈÓÍÎÉ ÍÖ ÈÔ× éÛÊÛÈÍÕÛ ùÓÈà ùÍØ× éÈÛÖÖ ê×ÌÍÊÈ íÊØÓÎÛÎÙ× ûÌÌÊÍÆÛÐ ÍÖ éÌÍÊÈ çÉ×Ê ûÕÊ××Ï×ÎÈÉ éÈÛÖÖ Ê×ÌÍÊÈ çÉ×Ê ûÕÊ××Ï×ÎÈÉ ìÊÍÌÍÉ×Ø ûÏ×ÎØÏ×ÎÈ ÈÍ æÛÐÐ×à èÊÛÎÉÌÍÊÈÛÈÓÍÎ ûÇÈÔÍÊÓÈà æèû òÍÓÎÈ ìÍÅ×ÊÉ ûÕÊ××Ï×ÎÈ éÈÛÖÖ ê×ÌÍÊÈ æèû ûÈÈÛÙÔÏ×ÎÈ ê×ÉÍÐÇÈÓÍÎ ø×ÙÐÛÊÓÎÕ Û ìÇÚÐÓÙ îÇÓÉÛÎÙ× ÛÉ ÈÍ éÌ×ÙÓÖÓ×Ø ìÊÍÌ×ÊÈÓ×É ùÍÎÈÛÓÎÓÎÕ ôÛÂÛÊØÍÇÉ æ×Õ×ÈÛÈÓÍÎ å××ØÉ éÈÛÖÖ ê×ÌÍÊÈ ê×ÉÍÐÇÈÓÍÎ ùÍÏÏ×ÎÙ×Ï×ÎÈ ê×ÌÍÊÈ íÌÈÓÍÎÉ ÖÍÊ öÛÙÓÐÓÈà ê×ÎÈÛÐ ìÍÐÓÙà ÖÍÊ îÍÎìÊÍÖÓÈ öÇÎØÊÛÓÉ×ÊÉ íÌÈÓÍÎÉ ÖÍÊ öÛÙÓÐÓÈà ê×ÎÈÛÐ ìÍÐÓÙà ÖÍÊ îÍÎìÊÍÖÓÈ öÇÎØÊÛÓÉ×ÊÉ ûÈÈÛÙÔÏ×ÎÈ û öÛÙÓÐÓÈà çÉ× ìÍÐÓÙÓ×É òÇÐà ûÈÈÛÙÔÏ×ÎÈ ú úÛÎËÇ×È öÛÙÓÐÓÈà ê×ÎÈÛÐ êÛÈ×É ûÈÈÛÙÔÏ×ÎÈ ù ûÎÎÇÛÐ ùÍéÌÍÎÉÍÊÉÔÓÌ ìÊÍÙ×ÉÉ íÇÈÐÓÎ× ìÊÍÌÍÉÛÐ AGENDA REGULARMEETING SARATOGACITYCOUNCIL Wednesday,January20,2010 REGULARMEETING–7:00P.M.–CIVICTHEATER/COUNCILCHAMBERS AT13777FRUITVALEAVENUE PLEDGEOFALLEGIANCE ROLLCALL REPORTOFCITYCLERKONPOSTINGOFAGENDA (PursuanttoGov’t.Code54954.2,theagendaforthismeetingwasproperlypostedon January15,2010) COMMUNICATIONSFROMCOMMISSIONS&PUBLIC OralCommunicationsonNon-AgendizedItems AnymemberofthepublicwillbeallowedtoaddresstheCityCouncilforuptothree(3) minutesonmattersnotonthisagenda.Thelawgenerallyprohibitsthecouncilfrom discussingortakingactiononsuchitems.However,theCouncilmayinstructstaff accordinglyregardingOralCommunicationsunderCouncilDirectiontoStaff. OralCommunications-CouncilDirectiontoStaff InstructiontoStaffregardingactionsoncurrentOralCommunications. CommunicationsfromBoardsandCommissions CouncilDirectiontoStaff InstructiontoStaffregardingactionsoncurrentCommunicationsfromBoards& Commissions. ANNOUNCEMENTS CEREMONIALITEMS 1.CommendationHonoringtheSaratogaHighSchoolBand Recommendedaction: Readandpresentcommendation. 2.ProclamationDeclaringtheMonthofJanuary2010as“NationalBloodDonor Month” Recommendedaction: Readandpresentproclamation. ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SPECIALPRESENTATIONS 3.PresentationonLeagueofCaliforniaCities(LCC)–PeninsulaDivision Recommendedaction: ListentoashortpresentationbyJoePirzynski,ViceMayorof TownofLosGatos,on theLCCanditsgoalsfor2010. 4.PresentationonBillofRightsforChildren&YouthandAdoptionofResolution AdoptingBillofRightsforChildrenandYouth Recommendedaction: ListentoshortpresentationontheBillofrightsforChildrenandYouth;authorizethe Mayorto signtheBillofRightsforChildren&Youth,andadoptBillofRights Resolution. CONSENTCALENDAR TheConsentCalendarcontainsroutineitemsofbusiness.Itemsinthissectionwillbe actedinonemotion,unlessremovedbytheMayororaCouncilmember.Anymemberof thepublicmayspeaktoanitemontheConsentCalendaratthistime,orrequestthe MayorremoveanitemfromtheConsentCalendarfordiscussion.PublicSpeakersare limitedtothree(3)minutes. 5.CityCouncilMinutes–December2,2009 Recommendedaction: Approve Minutes. 6.CityCouncilSpecialMeeting Minutes(Housing Element)–December16,2009 Recommendedaction: Approve Minutes. 7.CityCouncilMeeting Minutes–December16,2009 Recommendedaction: Approveminutes. 8.ReviewofAccountsPayableCheckRegisters Recommendedaction: ThattheCityCouncilreviewandaccepttheCheckRegistersforthefollowing AccountsPayablepaymentcycles: December10,2009 December17,2009 January7,2010 9.MotorVehicle(MV)ResolutionsRestrictingParkingonDagmarDrive Recommendedaction: MovetoadoptMVResolutionsrestrictingparkingonasectionofDagmarDrive. 10.ResolutionAmendingtheCityCouncilNormsofOperationImplementingthe MayoralRotationPolicyfortheSaratogaCityCouncil Recommendedaction: AdopttheResolutionamendingtheCityCouncilNormsofOperationImplementing theMayoralRotationPolicyfortheSaratogaCityCouncil. ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ 11.2009 LibraryHeatingVentilating,AirConditioning(HVAC)RenovationProject– BudgetAdjustment Recommendedaction: Acceptreportandmovetoapprovebudgetresolution. 12.RecordsManagementProgram:ResolutionAuthorizingFinalDispositionofCertain CityRecords Recommendedaction: AdoptResolutionAuthorizingFinalDispositionofCertainCityRecords 13.AdoptionofordinanceestablishingtheCity’sabilitytoissueadministrativecitations forviolationsoftheSaratogaCityCode. Recommendedaction: StaffrecommendstheCityCouncilwaivetheSecondReadingandadoptthe AdministrativeCitationOrdinance. 14.ApprovalofSportUserAgreements-2010 Recommendedaction: ApproveSportUserAgreementswithAmericanYouthSoccerOrganization, Saratoga LittleLeague,QuitoLittleLeague,DeAnzaYouthSoccerLeague,West ValleyLacrosseClub,WestValleyYouthSoccer League,andSaratogaPonyLeague fortheuseofSaratogaCityparks,WestValleyCollege,andProspectHighSchool fororganizedsportuse,andauthorizetheCityManagertoexecutethesame. 15.ProposedAmendmenttoValley TransportationAuthority(VTA)JointPowers Agreement Recommendedaction: ApproveproposedamendmenttoVTAJointPowersAgreement. PUBLICHEARINGS 16.ResolutionDeclaringaPublicNuisanceastoSpecifiedPropertiesContaining HazardousVegetation(Weeds) Recommendedaction: Conductpublichearingandadoptresolution. OLDBUSINESS 17.OptionsforFacilityRentalPolicyforNon-ProfitFundraisers Recommendedaction: ReviewreportandprovidedirectionfortheCity’sfacilityrentalpoliciesandrental feesfornon-profitgroupfundraisinguse. NEWBUSINESS None ADHOC&AGENCYASSIGNMENTREPORTS MayorKathleenKing ABAG CitySchoolAd-Hoc ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ CountyHCDPolicyCommittee HakoneFoundation ExecutiveCommittee WestValleyFloodControlZone&WatershedAdvisoryCommittee SCCCitiesAssociationSelectionCommittee SCCCitiesAssociation–JointEconomicDevelopmentPolicyCommittee(JEDPC) SantaClaraCounty EmergencyCouncil WestValley Mayorsand ManagersAssociation Vice Mayor JillHunter HakoneFoundationBoard HistoricalFoundation LibraryJointPowersAssociation SASCC SisterCityLiaison VillageAdHoc CouncilmemberHowardMiller ChamberofCommerce CouncilFinanceCommittee Highway9Adhoc KSAR SantaClaraCountyCitiesAssociationBoard WestValleySolidWasteJointPowersAssociation WestValley TransportationAuthorityPAC CouncilmemberSusieNagpal Highway9Adhoc VillageAdHoc CouncilmemberChuckPage CitySchoolAd-Hoc SantaClaraValleyWaterDistrictCommission Saratoga MinisterialAssociation WestValleySanitationDistrict CouncilFinanceCommittee CITYCOUNCILITEMS CITYMANAGER’SREPORT ADJOURNMENT In accordancewiththeRalphM.BrownAct,copiesofthestaffreportsandothermaterials providedtotheCityCouncilbyCitystaffin connectionwiththis agenda are available atthe officeoftheCommunityDevelopmentDepartmentDirector at13777 FruitvaleAvenue, Saratoga,CA95070.NotethatcopiesofmaterialsdistributedtotheCityCouncil concurrently withthepostingofthe agenda are also availableontheCity Website atwww.saratoga.ca.us.Any materialsdistributedbystaffafterthepostingofthe agenda aremade availableforpublicreview attheofficeoftheCityClerk atthetimethey aredistributedtotheCityCouncil. Incompliancewiththe AmericanswithDisabilities Act(ADA),ifyouneedspecial assistancetoparticipateinthismeeting,pleasecontacttheCityClerkat(408)868-1269. ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Notification48hourspriortothemeetingwillenabletheCitytomakereasonable arrangementstoensureaccessibilitytothismeeting(28CFR35.102-35.104ADATitle II) CertificateofPostingof Agenda: I, AnnSullivan,CityClerkfortheCityofSaratoga,declarethattheforegoingagendafor themeetingoftheCityCouncilfortheCityofSaratogawaspostedonJanuary15,2010, attheCityofSaratoga,13777 Fruitvale Ave.,Saratoga,CA95070andwasavailablefor publicreviewatthatlocation.TheagendaisalsoavailableontheCity’swebsiteat www.saratoga.ca.us th Signedthis15dayofJanuary2010atSaratoga,California. AnnSullivan,CMC CityClerk NOTE: ToviewcurrentorpreviousCityCouncilmeetingsanytime,gototheCity VideoArchivesatwww.saratoga.ca.us ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ CITYOFSARATOGA CITYCOUNCILMEETINGCALENDAR2010 1/20RegularMeeting–JointMeetingwithSaratogaChamberofCommerce 1/29CityCouncilRetreat@NorthProspectCenter 2/3RegularMeeting–JointMeetingwithPlanningCommission 2/17RegularMeeting–JointMeetingwithSupervisor LizKniss 3/3RegularMeeting–AlsoInterviewingCommissionersforvacancies--Joint MeetingwithParksandRecreationCommission 3/17RegularMeeting–JointMeetingwithSheriff’sOfficeandCountyFire 4/7RegularMeeting–JointMeetingwithSchoolDistricts:SaratogaUnion ElementarySchoolDistrict;LosGatos-SaratogaUnionHighSchool District;CupertinoSchoolDistrict;CampbellSchoolDistrictMoreland SchoolDistrict;FremontHighSchoolDistrict;SacredHeart;St.Andrews, andCampbellUnionHighSchoolDistrict 4/21RegularMeeting–JointMeetingwithYouthCommission 5/5RegularMeeting–JointMeetingwithMt.Winery 5/19RegularMeeting–JointMeetingwithMontalvoArts 6/2RegularMeeting–InterviewYouthcommissionersforvacancies 6/16RegularMeeting–JointMeetingwithHOAPresidents 7/7RegularMeeting–JointMeetingwith LibraryCommissionandFriendsof theSaratogaLibraries 7/21RegularMeeting–JointMeetingwithSASCC SUMMERRECESS–NOCOUNCILMEETING 8/4 SUMMERRECESS–NOCOUNCILMEETING 8/18 9/1RegularMeeting–JointMeetingwithWestValleyBoardof Trustees 9/15RegularMeeting–JointmeetingwithAssemblymember JimBeall 10/6RegularMeeting–JointMeetingwith TrafficSafetyCommission 10/20RegularMeeting–JointMeetingwithHistoricalFoundation&Heritage PreservationComm. 11/3RegularMeeting–JointmeetingwithSaratoga MinisterialAssociation 11/17RegularMeeting-JointMeetingwithHakoneFoundation 11/30CouncilReorganization 12/1RegularMeeting- 12/15RegularMeeting- ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 ORIGINATINGDEPT:CITYMANAGER CityManager’sOffice:DaveAnderson PREPAREDBY:DEPTHEAD: AnnSullivan,CityClerkDaveAnderson SUBJECT:CommendationHonoringtheSaratogaHighSchoolBand RECOMMENDEDACTION: Readandpresentcommendation. REPORTSUMMARY: TheattachedcommendationhonorstheSaratogaHighSchoolMarchingBandfortheirdedication andprofessionalism. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: None ADVERTISING,NOTICINGANDPUBLICCONTACT: Postingoftheagenda. ATTACHMENTS: Copyofthecommendation. ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ COMMENDATIONOFTHECITYCOUNCIL OFTHECITYOFSARATOGA HONORINGTHE SARATOGAHIGHSCHOOLMARCHINGBAND WHEREAS, the220membersoftheSaratogaHighSchoolMarchingBand werefinalistattheWesternBandAssociation MarchingBandFinalsonNovember21 &22,2009;and WHEREAS, inrecognitionthereof,itisappropriatetoextendtothemthe specialhonorsandhighestcommendationsofthecommunityofSaratoga;and WHEREAS, theSaratogaHighSchoolMarchingBandwasafinalistinGrand ChampionshipCompetitionearningasixthplacefinishamong90bandscompeting throughouttheweekend;and WHEREAS, theSaratogaHighSchoolMarchingBandcompetedinmarching bandcompetitionsthroughoutthefallof2009andwasthemarchingband sweepstakesawardrecipientattheCupertinoTournamentofBandsandGoldenState TournamentofBands;and WHEREAS, thededication,professionalism,andcombinedmusictalentsof MichaelBoitzandDuaneOtani,havemadeitpossibleforthechildrenofour communitytodiscoveraloveofmusicandappreciationforthearts. NOW,THEREFORE,BEITRESOLVED, thattheCityCounciloftheCity ofSaratoga,doesherebycongratulateandcommendthemembersoftheSaratoga HighSchool MarchingBandandtheLosGatosSaratogaUnifiedHighSchoolDistrict forthisoutstandingachievementintheir2009marchingband season. WITNESSMYHANDANDTHESEALOFTHECITYOFSARATOGA onthis th 20dayof January2010. Kathleen M. King, Mayor CityofSaratoga ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT:ProclamationDeclaringtheMonthofJanuary2010as“NationalBloodDonor Month” RECOMMENDEDACTION: Readandpresentproclamation. REPORTSUMMARY: TheattachedproclamationdeclaresthemonthofJanuary2010“NationalBloodDonorMonth”. MonaHelmhold,DonorRecruitmentAccountManager,willbeattendingthemeetingtoaccept theproclamationonbehalfoftheAmericanRedCross. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: N/A ADVERTISING,NOTICINGANDPUBLICCONTACT: Postingoftheagenda. ATTACHMENTS: AttachmentA–Copyofproclamation ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ CITYOFSARATOGA PROCLAMATIONDECLARING THEMONTHOFJANUARY2010 VOLUNTEERBLOODDONORMONTH WHEREAS ,donatingbloodisapotentiallylifesavinggiftthatmillionsofAmericanscan give;and WHEREAS, thereisaneedtoensureanadequatebloodsupplyandtostresstheimportance ofgivingthe“Giftof Life”throughthedonationofblood;and WHEREAS ,thereisaneedforadditionalhealthy,regularvolunteerdonorstojointheranks ofthosewhoalreadygiveofthemselvessogenerously;and WHEREAS ,oneblooddonationmayhelpsavethreelives;and WHEREAS, everydaybloodisneededinhospitalsandemergencytreatmentfacilitiesfor patientswithcancerandotherdiseases,fororgantransplantrecipients,andtohelpsavethelivesof accidentvictims;and WHEREAS, theneedforbloodisconstant,especiallyduringthewintermonthswhenblood istraditionallyinshortsupplyduetoareductionindonorturnoutbecauseoftheholidays,busy travelschedules,inclementweatherandillness,whichcanputbloodinventoryatacriticallow;and WHEREAS ,theAmericanRedCrossNorthernCaliforniaBloodServicesRegion distributes130,000pintsofbloodperyeartohelpsavelocalpatients,yetfewerthan100,000pints ofbloodarecollectedintheregionannually;and WHEREAS ,some38percentofthepubliciseligibletodonate,yetfewerthan8percent donateblood;and WHEREAS ,thereisaneedforcivicandserviceorganizationsandbusinessestosponsor blooddrives. NOW,THEREFORE ,I,KathleenM.King,MayoroftheCityofSaratoga,herebyproclaimthe monthofJanuaryas “NationalBloodDonorMonth” forSaratogaandurgeallcitizenstopaytributetothoseamonguswhodonateforothersinneed.I urgecitizensingoodhealthtodonateregularly.Ialsourgeallcivicandserviceorganizationsand businesses,iftheyhavenotalreadydoneso,toformblooddonorgroupstoprovidebloodforothers. th WITNESSMYHANDANDTHESEALOFTHECITYOFSARATOG Athis20dayof January2010. _________________________ KathleenM.King,Mayor ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT:PresentationonLeagueofCaliforniaCities(LCC)–PeninsulaDivision RECOMMENDEDACTION: ListentoashortpresentationbyJoePirzynski,ViceMayorofTownofLosGatos,ontheLCC anditsgoalsfor2010. REPORTSUMMARY: ViceMayorPirzynskiwillbeprovidingashortpresentationontheLeagueofCalifornia’sgoals for2010. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: Retainminutesforlegislativehistory. ADVERTISING,NOTICINGANDPUBLICCONTACT: N/A ATTACHMENTS: ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT: PresentationonBillofRightsforChildrenandYouthandAdoptionofResolution AdoptingBillofRightsforChildrenandYouth RECOMMENDEDACTION: ListentoshortpresentationbyDanaBunnett, ExecutiveDirectorforKidsinCommon,ontheBill ofrightsforChildrenandYouth;authorizetheMayortosigntheBillofRightsforChildrenand YouthandadoptBillofRightsResolution. REPORTSUMMARY: SantaClaraCountyChildren’sAgendahasidentifiedcommunitygoalsforourchildrenandyouth. TheBillofRightsforChildrenandYouthisabold,publicagreementthatallchildrenandyouth areentitledtocertainfundamentalelements. TheUnitedNationsproclaimedanInternationalChildren’sBillofRightsin1990,andtheStateof Californiapasseditsownin2009modeledontheBillofRightsforChildrenandYouthofSan MateoCounty.ItistimeforSantaClaraCountytojoininthispublicagreement.Leadersand citizensoftheCityofSaratogacannowgoonrecordprofessingtheybelievechildrenandyouth havefundamentalrightsbyauthorizingtheMayortosigntheattachedBillofRightsforChildren andYouthandadoptingtheattachedresolution. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: 1 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ TheCityClerkwillmailthesignedBillofRightsandacopyofthesignedResolutiontothe appropriateCountyoffices. ADVERTISING,NOTICINGANDPUBLICCONTACT: Postingoftheagenda. ATTACHMENTS: AttachmentA–BillofRightsforChildrenandYouth AttachmentB-Resolution 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ úÓÐÐ ÍÖ êÓÕÔÈÉ ÖÍÊ ùÔÓÐØÊ×Î ãÍÇÈÔ Í¿²¬¿ Ý´¿®¿ ݱ«²¬§ É» ®»±´ª» ¬± ·²ª»¬ ·² ¿´´ ½¸·´¼®»² ¿²¼ §±«¬¸ ± ¬¸¿¬æ ̸»§ ¸¿ª» ¿ ¸»¿´¬¸§ ³·²¼ô ¾±¼§ ¿²¼ °·®·¬ ¬¸¿¬ »²¿¾´» ¬¸»³ ¬± ³¿¨·³·¦» ¬¸»·® °±¬»²¬·¿´ò ̸»§ ¼»ª»´±° ¿ ¸»¿´¬¸§ ¿¬¬¿½¸³»²¬ ¬± ¿ °¿®»²¬ô ¹«¿®¼·¿²ô ±® ½¿®»¹·ª»® ¿²¼ ¿² ±²¹±·²¹ ®»´¿¬·±²¸·° ©·¬¸ ¿ ½¿®·²¹ ¿²¼ «°°±®¬·ª» ¿¼«´¬ò ̸»·® »»²¬·¿´ ²»»¼ ¿®» ³»¬ ²«¬®·¬·±« º±±¼ô ¸»´¬»®ô ½´±¬¸·²¹ô ¸»¿´¬¸ ½¿®»ô ¿²¼ ¿½½»·¾´» ¬®¿²°±®¬¿¬·±²ò ̸»§ ¸¿ª» ¿ ¿º» ¿²¼ ¸»¿´¬¸§ »²ª·®±²³»²¬ô ·²½´«¼·²¹ ¸±³»ô ½¸±±´ô ²»·¹¸¾±®¸±±¼ ¿²¼ ½±³³«²·¬·»ò ̸»§ ¸¿ª» ¿½½» ¬± ¿ îï¬ ½»²¬«®§ »¼«½¿¬·±² ¬¸¿¬ °®±³±¬» «½½» ·² ´·º»ô ·² º«¬«®» ½¿®»»® ¿²¼ ¿ ´±ª» ±º ´·º»ó´±²¹ ´»¿®²·²¹ò ̸»§ ¸¿ª» ¬®¿·²·²¹ ·² ´·º» µ·´´ ¬¸¿¬ ©·´´ °®»°¿®» ¬¸»³ ¬± ´·ª» ·²¼»°»²¼»²¬´§ô ¾» »´ºó«ºº·½·»²¬ ¿²¼ ½±²¬®·¾«¬» ¬± ¬¸»·® ½±³³«²·¬§ò ̸»§ ¸¿ª» »³°´±§³»²¬ ±°°±®¬«²·¬·» ©·¬¸ °®±¬»½¬·±² º®±³ «²º¿·® ´¿¾±® °®¿½¬·½»ò ̸»§ ¸¿ª» º®»»¼±³ º®±³ ³·¬®»¿¬³»²¬ô ¿¾«» ¿²¼ ²»¹´»½¬ò ̸»§ ¸¿ª» ¿ ª±·½» ·² ³¿¬¬»® ¬¸¿¬ ¿ºº»½¬ ¬¸»³ò ̸»§ ¸¿ª» ¿ »²» ±º ¸±°» º±® ¬¸»·® º«¬«®»ò Ü¿¬» Í·¹²¿¬«®» Ò¿³» λ°®»»²¬·²¹ Í»´ºÑ®¹¿²·¦¿¬·±² ßÙÛÒÜß ÝØ×ÔÜÎÛÒÍ Í¿²¬¿ Ý´¿®¿ ݱ«²¬§ RESOLUTIONNO.10– RESOLUTIONADOPTINGTHEBILLOFRIGHTSFORTHECHILDREN ANDYOUTHOFSANTACLARACOUNTYLEDBYTHE SANTACLARACOUNTYCHILDREN’SAGENDAVISIONCOUNCIL WHEREAS ,theSantaClaraCountyChildren’sAgendaVisionCouncilismadeupof leadersfrommultipledisciplinesthroughoutSantaClaraCountyandisleadingtheChildren’s Agendatoachievebetteroutcomesforchildrenandenvisionsacommunitywhereeverychildis safe,healthy,successfulinlearning,successfulinlife;and WHEREAS ,theSantaClaraCountyChildren’sAgendaVisionCouncil’smissionisto champion systemschange,effectiveinvestmentandpolicies,andstrategicpartnerships,that improveoutcomesforchildren,youthandfamiliesinSantaClaraCounty;and WHEREAS ,theSantaClaraCountyChildren’sAgendaVisionCouncilbelievesthatall childrenandyouthhaverightstoliveinajust,moralandsupportivesociety;and WHEREAS, theSantaClaraCountyChildren’sAgendaVisionCouncilembracesthe diversityofourcommunityandbelievesallchildrenandyouthhavethesamerights,regardless oftheirculture,race,genderorgenderidentity,sexualorientation,religionordisability;andall childrenandyouthhavetherighttoabetterworldthantheonetheyinherited;and WHEREAS, theSantaClaraCountyChildren’sAgendaVisionCouncilhasadoptedthe BillofRightsforChildrenandYouthtodrawtheattentionofallCountyandlocalagencies, parents,guardians,andprivateenterprisesthroughoutthecountyandtoprovidethemguidance intheirdecisionmakinginordertofostertheneedsandhealthydevelopmentofallchildren, youth,andfamiliesintheCounty;and WHEREAS, theCityofSaratogadesiresthateverychildandyouthshouldhavethe opportunitiessetforthintheBillofRightsfortheChildrenandYouthofSantaClaraCounty. NOW,THEREFORE,BEITRESOLVED thattheCityCounciloftheCityof SaratogaadoptstheBillofRightsfortheChildrenandYouthforSantaClaraCountyasa guidelineforallCountylocalagencies,parents,guardians,communities,andprivateenterprises. BEITFURTHERRESOLVED thattheCityCounciloftheCityofSaratogawiththe adoptionofthisresolutionsupportsandencouragesallCountyandlocalagenciestoadopt, publicize,andfacilitatetheBillofRightsforChildrenandYouthintoprogramsandactivitiesfor thebenefitofouryouth. TheaboveandforegoingresolutionwaspassedandadoptedbytheSaratogaCityCouncilata th regularmeetingheldonthe20dayofJanuary2010,bythefollowingvote: ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ AYES: NOES: ABSTAIN: ABSENT: KathleenM.King,Mayor ATTEST: AnnSullivan,CityClerk ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ TheBillofRightsforChildrenandYouthofSantaClaraCounty: Weresolvetoinvestinallchildrenandyouthsothat: x Ahealthymind,bodyandspiritthatenablesthemtomaximizetheirpotential. x Developahealthyattachmenttoaparent,guardian,orcaregiverandanongoing relationshipwithacaringandsupportiveadult. x Havetheiressentialneedsaremet–nutritiousfood,shelter,clothing,healthcare,and accessibletransportation. x Asafeandhealthyenvironment,includinghomes,schools,neighborhoodsand communities. x Accesstoa21stcenturyeducationthatpromotessuccessinlife,infuturecareersanda loveoflife-longlearning. x Traininginlifeskillsthatwillpreparethemtoliveindependently,beself-sufficientand contributetotheircommunity. x Employmentopportunitieswithprotectionsfromunfairlaborpractices. x Freedomfrommistreatment,abuseandneglect. x Avoiceinmattersthataffectthem. x Asenseofhopefortheirfuture. ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: DebbieBretschneider DeputyCityclerk SUBJECT: CityCouncilMinutes–December2,2009 RECOMMENDEDACTION: Approveminutes. REPORTSUMMARY: ApproveminutesassubmittedforDecember2,2009. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGTHERECOMMENDEDACTIONS: N/A ALTERNATIVEACTION(S): N/A FOLLOWUPACTION(S): Retainminutesforlegislativehistory. ADVERTISING,NOTICINGANDPUBLICCONTACT: N/A ATTACHMENTS: AttachmentA–MinutesfromtheDecember2,2009CityCouncilmeeting. Page1of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ MINUTES SARATOGACITYCOUNCILMEETING December2,2009 TheCityCounciloftheCityofSaratogametinClosedSessionintheAdministrativeConference Roomat5:30p.m. ANNOUNCEMENTOFCLOSEDSESSION CONFERENCEWITHLEGALCOUNSEL– ThreatenedLitigation:Significantexposureto litigationpursuanttoGovernmentCodeSection54956.9(b)(1potentialcase) MAYOR’SREPORTONCLOSEDSESSION MayorKingstatedtherewasnoreportableinformationfromtheclosedsession. CityCouncilheldaJointMeetingwiththePlanningCommissionintheAdministrativeConference Roomat6:00p.m. MayorKingcalledtheRegularCitycouncilmeetingtoorderat7:00p.m.andBoyScout Troop 535ledthePledgeofAllegiance. ROLLCALL : PRESENTCouncilmembersChuckPage,HowardMiller,ViceMayorJillHunter, MayorKathleenKing ABSENT:SusieNagpal(ExcusedAbsence) ALSO PRESENT:DaveAnderson,CityManager Richard Taylor,CityAttorney BarbaraPowell,AssistantCityManager DebbieBretschneider,DeputyCityClerk CrystalMorrow,AdministrativeAnalyst MaryFurey,FinanceDirector ClaudiaCauthorn,InterimRecreationDirector JohnLivingstone,CommunityDevelopmentDirector JohnCherbone,PublicWorksDirector LeoSalindong,ITAnalyst ShawnGardner,ParksLeadWorker Page2of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ REPORTOFCITYCLERKONPOSTINGOFAGENDA DebbieBretschneider,DeputyCityClerk,reportedthatpursuanttoGovernmentCodeSection 54954.2,theagendaforthemeetingofDecember2,2009,wasproperlypostedonNovember25, 2009. COMMUNICATIONSFROMCOMMISSIONS&PUBLIC ORALCOMMUNICATIONS Thefollowingpeoplerequestedtospeak: CitizenRayaddressedtheCouncilregardingthepollutionfromtheLehighCementPlantin Cupertino.HebroughtaletterfromtheBayAreaAirQualityManagementDistricttosharewith theCouncil. JaniceGamperaddressedtheCouncilandrequestedhelpslowingdowntrafficonChester Avenue.ShealsohadconcernsaboutthenumberofdeaddeerontheroadandaskedforDeer trafficsigns. thth FoothillSchool 4and 5gradersperformedasongfromtheirupcomingperformanceof“Willie WonkaJunior”,whichwillbeheldintheSaratogaCivic TheateronDecember11and12,2009. AaronSchneiderofBoyScout Troup535announcedthattherewillbeane-wasterecyclingevent attheSaratogaProspectCenteronSaturday,January9,2010from9amto5pm. Thepubliccan dropoffelectronicitemsforfree. DirectiontoStaff MayorKingaskedstafftolookintodirectedenforcementonChesterAvenueandtolookinto Deersigns.ViceMayorHunteraskedstafftolookintohowmanydeerdieonourroadsand where. COMMUNICATIONSFROMBOARDSANDCOMMISSIONS YanZhao,PlanningCommissionChair,providedabriefreportontheJointMeetingpriortothe RegularCouncilmeeting. ThePlanningCommissionbroughtalistofproposeditemsthatthey couldworkonintheupcomingyear.AfterdiscussionwiththeCouncil,itwasdecidedthatthe CouncilwilldiscusstheproposedworkplanduringtheCouncil’sRetreatinJanuaryandgivethe PlanningCommissiondirection. DirectiontoStaff Page3of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ None ANNOUNCEMENTS ViceMayorHunterannouncedthatonDecember6,2009theHistoricalFoundationwas presentingaprogramattheLibrary. ThiswillbeapanelofWWIIVeteranstalkingoftheir experiences. CouncilmemberPagewantedeveryonetoknowthattheproblemwiththe TreeLightinginthe Villagehadbeenfixed.Atthe Thanksgivingceremony,thetreewaslitforaveryshortperiodof timebeforeitwasdiscoveredtohaveashortcircuit. CouncilmemberMillerwantedeveryonetoknowthattheWinter/SpringActivityGuidefromthe RecreationDepartmentisavailablenow.ItwillbemailedtohomesandisalsoavailableatCity Hall.HealsowantedeveryonetoknowthattherewillnotbeaseparateSpringguide,sotohold ontothisone. ViceMayorHunteralsonotedthatbusinessescanadvertiseintheRecreationDepartment’s ActivityGuide. MayorKingwantedeveryonetoknowthatonSaturday,December5,2009,SantaClaraCounty wouldbegivingoutfreeH1N1VaccinesattheFairgrounds. ThereisalinkontheSaratoga websitetothewebsitewithmoreinformation.www.saratoga.ca.us CEREMONIALITEMS None SPECIALPRESENTATIONS None CONSENTCALENDAR CITYCOUNCILMEETINGMINUTES 1.–November18,2009 STAFFRECOMMENDATION: Approveminutes. ACCEPTTHECITYCOUNCILMEETINGMINUTES PAGE/MILLERMOVED TO FORNOVEMBER18,2009 .MOTIONPASSED4-0-1WITHCOUNCILMEMBER NAGPALABSENT. 2.REVIEWOFACCOUNTSPAYABLEREGISTERS Page4of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ STAFFRECOMMENDATION: ThattheCityCouncilacceptstheCheckRegistersforAccountsPayablecycles: November12,2009 November19,2009 ACCEPTTHECHECKREGISTERSFORACCOUNTS PAGE/MILLERMOVED TO PAYABLECYCLES:NOVEMBER12,2009ANDNOVEMBER19,2009 .MOTION PASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. 3.TREASURER’SREPORTFORTHEMONTHENDEDOCTOBER31,2009 STAFFRECOMMENDATION: Reviewandacceptthe Treasurer’sReportforthemonthendedOctober31,2009. ACCEPTTHETREASURER’SREPORTFORTHE PAGE/MILLERMOVED TO MONTHENDINGOCTOBER31,2009 .MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. 4.BUDGETADJUSTMENT-VILLAGEPEDESTRIANENHANCEMENTPROJECT STAFFRECOMMENDATION: Approvebudgetresolution RESOLUTIONNO.09-064 ViceMayorHunterpulledthisitemformorediscussion. ADOPTBUDGETADJUSTMENT-VILLAGE HUNTER/PAGEMOVED TO PEDESTRIANENHANCEMENTPROJECT. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. 5.REQUESTFORCOUNCILAGENCYASSIGNMENTSANDADHOC COMMITTEESFOR2010 STAFFRECOMMENDATION: Informationalonly. ACCEPTTHEREQUESTFORCOUNCILAGENCY PAGE/MILLERMOVED TO ASSIGNMENTSANDADHOCCOMMITTEESFOR2010 .MOTIONPASSED4-0-1 WITHCOUNCILMEMBERNAGPALABSENT. 6.ANNUALCONCRETEREPAIRANDREPLACEMENTPROGRAM-NOTICEOF COMPLETION STAFFRECOMMENDATION: MovetoaccepttheAnnualConcreteRepairandReplacementProgramascompleteand authorizestafftorecordtheNoticeofCompletionfortheconstructioncontract. Page5of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ACCEPTTHEANNUALCONCRETEREPAIRAND PAGE/MILLERMOVED TO REPLACEMENTPROGRAM–NOTICEOFCOMPLETION. MOTIONPASSED4-0- 1WITHCOUNCILMEMBERNAGPALABSENT. 7.ADOPTIONOFNEWNAMESFORTHENORTHCAMPUSNAMEAND BUILDINGSATTHEFACILITY STAFFRECOMMENDATION: AcceptreportandadoptthenewnamesfortheNorthCampusandthetwobuildingsatthe site. CouncilmemberMillerpulledthisitemformorediscussion. APPROVETHEADOPTIONOFNEWNAMESFOR PAGE/MILLERMOVED TO THENORTHCAMPUSNAMEANDBUILDINGSATTHEFACILITYWITHTHE MODIFICATIONTONAMETHEADMINISTRATIONBUILDING‘THEGRACE BUILDING’. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. PUBLICHEARINGS None OLDBUSINESS 8.REQUESTFROMASSISTANCELEAGUEOFLOSGATOS/SARATOGAFOR PARTIALWAIVEROFUSEFEES. STAFFRECOMMENDATION: ConsiderandtakeactionontheAssistanceLeague’srequestforthenon-profitrateforuseof theNorthCampusFellowshipHallfortheirCrabFestinFebruaryandtheirIntergenerational TeainMay. InterimRecreationDirectorClaudiaCauthornpresentedthestaffreportregardingtherequest fromtheAssistanceLeagueofLosGatos/Saratogaforpartialwaiverofusefees. MayorKingaskedifanyonefromtheAssistanceLeaguehadcometospeak. GloriaKahn,PresidentoftheAssistanceLeagueofLosGatos/Saratogaspokeinfavorofthis request.ShegavesomeinformationabouttheworktheLeaguedoes:theyprovidelunchesto theSaratogaSeniorDayCareProgram,theyprovide English/SpanishDictionariestoschool children,andtheypromotereadingintheschools. Eight-fivepercentofthemoneyraisedgoes totheneedsofthecommunity. MayorKingclosedthepubliccomment. Page6of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ GRANTTHEREQUESTFROMASSISTANCE HUNTER/MILLERMOVED TO LEAGUEOFLOSGATOS/SARATOGAFORPARTIALWAIVEROFUSEFEES ANDTOREIMBURSETHEMFROMTHECOUNCILDISCRETIONARYFUND. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. 9.REQUESTFROMSARATOGAROTARYFORPARTIALWAIVEROFUSEFEES STAFFRECOMMENDATION: ConsiderandtakeactionontheSaratogaRotary’srequestforthenon-profitrateforuseof theNorthCampusFellowshipHallonJanuary25,2010 InterimRecreationDirectorClaudiaCauthornpresentedthestaffreportregardingtherequest fromtheSaratogaRotaryforpartialwaiverofusefees. MayorKingaskedifanyonefromtheSaratogaRotaryhadcometospeak. ScottWheelwright,PresidentoftheSaratogaRotary,spokeinfavorofthisrequest. The RotaryisraisingmoneytosponsoramissiontoGuatemalainMay2010tofixthecleftpalates ofchildren. TheRotaryishavingabenefitdinnerwhichwillincludeseveralrestaurantsfrom SaratogaonMonday,January25,2010at6:30pm.Alloftheprofitfromthedinnerwillgoto themission. MayorKingclosedthepubliccomment. GRANTTHEREQUESTFROMSARATOGAROTARY MILLER/PAGEMOVED TO FORPARTIALWAIVEROFUSEFEESANDTOREIMBURSETHEMFROMTHE COUNCILDISCRETIONARYFUND. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. 10.2010WINTERISSUEOFTHESARATOGAN STAFFRECOMMENDATION: Acceptreportanddirectstaffaccordingly. CrystalMorrow,AdministrativeAnalystII,presentedthestaffreportonthe2010Winter issueoftheSaratogan. Councilmadeseveralsuggestionsfortheissue. ViceMayorHuntersuggestedanarticleontheSaratogaLibraryneedingfundstostayopen onMondaysafterJune2010. CouncilmemberHuntersuggestedanarticleabouttheWinter/SpringActivityGuideoreven justalinktotheRecreationDepartment’sActivityGuide. Page7of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ CouncilmemberPagesuggestedalongerarticleontreesinSaratogawithwhatkindoftree nottoplant,andwhenpermitsareneeded.MayorKingsecondedthatandsuggestedthe articleincludewhatkindoftreeswouldworkinwhatareasandhowdeepthetreesshouldbe planted. 11.TELECOMMUNICATIONSUPGRADEPROJECT STAFFRECOMMENDATION: ReviewreportanddirectstafftoissueaRequestforProposalstoreplacetheexistingPBX telecommunicationsystemwithaVoiceoverInternetProtocol(VoIP)telecommunication systemforthemainCityHallbuildings,theJoanPisaniCommunityCenter,theCorporation Yard,theSaratogaAreaSeniorCoordinatingCouncilandtheNorthCampus.Stafffurther recommendsincludingelectronicfaxintegrationinthesystem. LeoSalindong,ITAnalyst,presentedthereportontheoptionsavailableforthe telecommunicationsupgradeproject. MayorKinginvitedpubliccomment. Therewasnone. ACCEPTTHEOPTIONOFTHEVOICEOVER PAGE/MILLERMOVED TO INTERNETPROTOCOLTELECOMMUNICATIONSYSTEMANDTOACCEPT OPTIONSA,B,ANDC. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPAL ABSENT. NEWBUSINESS 12.RESOLUTIONAUTHORIZINGSUBMITTALOFENERGYEFFICIENCY CONSERVATIONBLOCKGRANTAPPLICATIONTOTHECALIFORNIA ENERGYCOMMISSION STAFFRECOMMENDATION: AcceptreportandapproveattachedresolutionauthorizingsubmittaloftheCity’s Energy EfficiencyConservationBlockGranttotheCalifornia EnergyCommission. ShawnGardner,ParksLeadworker,presentedthestaffreporttoapprovetheresolution authorizingsubmittaloftheCity’s Energy EfficiencyConservationBlockGranttothe California EnergyCommission.Hegavethecouncilinformationonaproposaltousethe grantfundstopayforreplacingthestreetlightsintheVillagewithLEDlights,thereby promotingenergyconservation. RESOLUTIONNO.09-065 APPROVETHERESOLUTIONAUTHORIZING PAGE/MILLERMOVED TO SUBMITTALOFENERGYEFFICIENCYCONSERVATIONBLOCKGRANT Page8of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ APPLICATIONTOTHECALIFORNIAENERGYCOMMISSIONAND AUTHORIZETHEVILLAGEADHOCCOMMITTEETOWORKWITHSTAFF TOSELECTTHELIGHTFIXTURESTHATAREABESTFITWITHTHE VILLAGE. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. 13.LETTEROFCOMMITMENTFORASSOCIATIONOFBAYAREA GOVERNMENTSRESIDENTIALENERGYEFFICIENCYAUDITANDRETROFIT PROGRAM STAFFRECOMMENDATION: AcceptreportandauthorizetheCityManagertosigntheAssociationofBayArea Governments(ABAG)residentialenergyefficiencyauditandretrofitprogramletterof commitment. CrystalMorrow,AdministrativeAnalystII,presentedthestaffreporttoapprovethe AssociationofBayAreaGovernments(ABAG)residentialenergyefficiencyauditandretrofit programletterofcommitment.ShestatedABAG’sprogramwouldcreatearegionalhome energyauditandretrofitprogramthatwouldincludeworkforcedevelopment,marketing,and outreachandqualityassurance. TherecommendedCouncilactionwouldindicatetheCity’s supportofandintentiontoparticipateintheABAGprogram. ACCEPTTHEREPORTANDTOAUTHORIZETHE MILLER/PAGEMOVED TO CITYMANAGERTOSIGNTHELETTEROFCOMMITMENTFOR ASSOCIATIONOFBAYAREAGOVERNMENTSRESIDENTIALENERGY EFFICIENCYAUDITANDRETROFITPROGRAM. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. 14.COUNCILMEMBERTOPICSFORJANUARY29,2010COUNCILRETREAT STAFFRECOMMENDATION: Informationalonly. DebbieBretschneider,DeputyCityClerk,presentedthereportonbehalfofAnnSullivan,City Clerk,whowasabsent. MayorKingnotedthatsheagendizedthisitemtogivetheCouncilachancetodiscuss potentialagendatopicsfortheCouncilRetreatandtoidentifyretreattopicspriortothestaff retreat. ViceMayorHunterrequestedthattheCouncildiscussprojectstobuildasenseofcommunity inSaratoga. CouncilmemberMillernotedthatMaryFurey,FinanceDirector,willbetalkingtothecouncil aboutthebudget.HealsonotedthattheCouncilneededtofindwaystopromotethenewand improvedCommunityDevelopmentDepartment’soutreachtocontractorsandhomeowners. AndhementionedneedingtopromotetheRecreationDepartment’sprograms. Page9of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ CouncilmemberPagesuggestedthatthecouncilworkonSaratoga’sphysicalhealth.Could theCitysponsorhealthfairsorcreatenon-smokingareasoftheCity? ADHOC&AGENCYASSIGNMENTREPORTS MayorKathleenKing–reported: WestValleyFloodControlZone&Watershed AdvisoryCommittee–attendedthismeetingand gaveinformationfromthismeetingtostaff. SSCCities Association Executive Board –TheBoardsolicitedsuggestionsfromCitiesonnext year’sworkplan.MayorKingaskedforthistobeagendizedatthenextCouncilmeeting. ViceMayorHunter–reported: SASCC–reportedthatsheattendedthemeetingandwillbeattendingthemfromnowon. LibraryCommission/FriendsoftheLibrary—shewasinvitedtoattendtheLibraryCommission meeting. TheLibraryreportedthatthenewHVACsystemisworkingbeautifully. TheLibrary communityisdisappointedthatBarbaraWilliamsisleavinginJanuary2010,after2yearsinthe job. TherewillbeareceptionforheronDecember17,2009. TheLibraryalsodiscussedthat therewillbenofundingforstayingopenonMondayafterJune2010.ShethankedtheFriendsof theLibraryfortheirexcellentworkandencouragedeveryonetobuyabookfromtheFriendsof theLibrarystore. CouncilmemberMiller–reported: CouncilFinanceCommittee–reportedthattherewasaFinanceCommitteemeetingbeforethe December2,2009Councilmeeting. Thereportonthebudgetisthatthe“feeforserviceareas” arebelowprojectedamounts,butthatthecitystaffarealreadyworkingonclosingthegap. CouncilmemberPage–reported: HakoneFoundation Board--heattendedthismeetingandpositivereportsarecomingfrom Hakoneonrentingouttheirfacility. PeninsulaDivision,LeagueofCaliforniaCities–remindedthecounciloftheLeague’sHoliday partyonDecember3,2009inCupertino. ValleyTransportation AuthorityPAC–announcedheisnolongeramemberofthePAC.Hehas beenappointedamemberoftheVTABoard. WestValleySanitationDistrict–heattendedtheirmeetingandcanreportthatthereisdiscussion ofaslightincreaseinratesforsometimenextyear. CouncilFinanceCommittee--heattendedthemeetingtodayandthediscussionwasonthe telecommunicationsupgrade,thepublicsafetycontract,andthedevelopmentimpactfees. CITYCOUNCILITEMS MayorKingsuggestedthattheCitygiveBarbaraWilliamsacommendation. Page10of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ViceMayorHuntersuggestedthatthecommendationbepresentedatthereceptionforBarbara Williams.MayorKingsuggestedthatViceMayorHuntergivethecommendationtoBarbara Williams.ViceMayorHuntersaidshewouldbepleasedtodoso. CITYMANAGER’SREPORT TheCityManagerhadnothingtoreport. CITYATTORNEY’SREPORT TheCityAttorneyhadnothingtoreport. ADJOURNMENT TherebeingnoadditionalbusinessMayorKingaskedforamotiontoadjourn. ADJOURNTHEREGULARMEETINGAT8:54PM PAGE/MILLERMOVED TO. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. Respectfullysubmitted, DebbieBretschneider DeputyCityClerk Page11of11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT:CityCouncilSpecialMeetingMinutes(HousingElement)–December16,2009 RECOMMENDEDACTION: Approveminutes. REPORTSUMMARY: ApproveminutesassubmittedforDecember16,2009SpecialCityCouncilmeeting(Housing Element). FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: Retainminutesforlegislativehistory. ADVERTISING,NOTICINGANDPUBLICCONTACT: N/A ATTACHMENTS: AttachmentA–MinutesfromDecember16,2009SpecialCityCouncilmeeting(Housing Element) ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ MINUTES SPECIALMEETING CITYCOUNCIL&PLANNINGCOMMISSION DECEMBER16,2009 MayorKingcalledtheSpecialMeetingtoorderat6:00PM. ROLLCALL PRESENT:Councilmembers: MayorKathleenKing Vice Mayor JillHunter, ChuckPage HowardMiller PlanningCommissioners: JoyceHlava Yan Zhao DougRobertson DavidReis ABSENT:CouncilmemberSusieNagpal PlanningCommissioners LindaRodgers,MannyCappelloand Mary-LynneBernald ALSODaveAnderson,City Manager PRESENT:Richard Taylor,CityAttorney AnnSullivan,CityClerk John Livingstone,CommunityDevelopmentDirector ChrisRiordan,SeniorPlanner REPORTOFCITYCLERKONPOSTINGOFAGENDAFORMARCH19,2008 AnnSullivan,CityClerk,reportedthatpursuanttoGovernmentCodeSection54954.2,the agendaforthemeetingofDecember16,2009,wasproperlypostedonDecember15,2009. 1.REVIEWCOMMENTSFROMTHESTATEREGARDINGTHECITYOF SARATOGAHOUSINGELEMENTUPDATE STAFFRECOMMENDATION: ImplementCouncil’sDirection 1 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ AttheMarch31,2009HousingElementStudySession,Councilagreedtodesignatea6acre parcelonProspect/Lawrence Expresswayas20dwellingunitsperacre(minimum)tomeet,in part,theCity’sfair shareaffordablehousingallocationrequirementsandthatthissameparcel couldbedesignatedastheSB2 EmergencyShelterarea. Subsequently,theCityprovidedareviseddrafthousingelementtotheDepartmentofHousing andCommunityDevelopmentDivisionofHousingPolicyDevelopment,reflectingthis designated6acreparcelastheCity’sobligationtoalsoprovideEmergencySheltersasneeded, whichisrequiredbyStatelaw. TheCityreceivedaletter,datedDecember14,2009,fromtheDepartmentofHousingand CommunityDevelopmentDivisionofHousingPolicyDevelopment,indicatingfurtherrevision wasrequiredtocomplywithStatehousingelementlaw(Article10.6oftheGovernmentCode). InordertocomplywiththeState’srequirements,CouncilandPlanningCommissionersagreedto allowemergencysheltersbyrightasapermitteduseinallcommercialzones. ALLOWEMERGENCYSHELTERSBYRIGHTIN PAGE/MILLERMOVED TO COMMERCIALZONES,WHICHISTOBEREVIEWEDWITHINONEYEAR;AND TOLOOKATALLCOMMERCIALZONESFORPOTENTIALEMERGENCY SHELTERS. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. Therebeingnoadditionalbusiness,MayorKingaskedforamotiontoadjourn. ADJOURNTHESPECIALMEETINGAT6:30PM PAGE/MILLERMOVED TO. MOTIONPASSED4-0-1WITHNAGPALABSENT. Respectfullysubmitted, AnnSullivan,CMC CityClerk 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT:CityCouncilMeetingMinutes–December16,2009 RECOMMENDEDACTION: Approveminutes. REPORTSUMMARY: ApproveminutesassubmittedforDecember16,2009CityCouncilmeeting. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: Retainminutesforlegislativehistory. ADVERTISING,NOTICINGANDPUBLICCONTACT: N/A ATTACHMENTS: AttachmentA–MinutesfromDecember16,2009CityCouncilmeeting. ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ MINUTES SARATOGAREGULARCITYCOUNCILMEETING DECEMBER16,2009 TheCityCounciloftheCityofSaratogaheldaSpecialMeetingwithmembersofthe PlanningCommissionintheAdministrativeConferenceRoomat6:00p.m. MayorKingcalledtheRegularCityCouncilmeetingtoorderat7:00p.m.andasked formerSaratogaMayor,NickStreit,whowaspresent,toleadthePledgeofAllegiance. ROLLCALL : PRESENTCouncilmembersChuckPage,HowardMiller,ViceMayor Jill Hunter,MayorKathleenKing ABSENT:CouncilmemberSusieNagpal ALSODaveAnderson,City Manager PRESENT:Richard Taylor,CityAttorney AnnSullivan,CityClerk BarbaraPowell,AssistantCityManager JohnCherbone,PublicWorksDirector John Livingstone,CommunityDevelopmentDirector MichaelFossati,AssistantPlanner CrystalMorrow,AdministrativeAnalystII JanaRinaldi,Code EnforcementSpecialist REPORTOFCITYCLERKONPOSTINGOFAGENDA AnnSullivan,CityClerk,reportedthatpursuanttoGovernmentCodeSection54954.2, theagendaforthemeetingofDecember16,2009,wasproperlypostedonDecember10, 2009. ORALCOMMUNICATIONS None COMMUNICATIONSFROMBOARDSANDCOMMISSIONS ThePlanningCommissionmetwiththeCityCouncilinaSpecialMeetingpriortothe RegularMeetingtoreviewcommentsfromtheStateregardingtheCityofSaratoga’s HousingElementupdate. DIRECTIONTOSTAFF: Councildirectedstafftoallowemergencysheltersasapermitteduseinallcommercial zones. ANNOUNCEMENTS Councilmember MillerstatedtheSaratogaWinterActivityGuidewasavailableand invitedthepublictocheckouttheholidaywinterprogramsthatareavailableduringthe ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ holidays.Inaddition,henotedtheBoyScoutshavescheduledan E-WasteRecycling th eventonJanuary 9from9AMto9PMatSaratogaProspectCenter. CouncilmemberPagenotedtheCityofSaratoga,combinedwiththeCityofCampbell, wasofferingaclassforchildrenages10to13onhowtomanagemoney,writechecks andhandleacreditcard. CouncilmemberHunternotedtheSeniorCenterwouldbehostinganeventonFriday eveningfrom6:30p.m.to8:30p.m. CEREMONIALITEMS None SPECIALPRESENTATIONS VIDEOPRESENTATIONON“SARATOGALIVE 1.” STAFFRECOMMENDATION: ListentoandviewashortvideopresentationfromPatrickandSallyO’Hearn. CouncilmemberPageintroducedPatrickandSallyO’Hearn. TheO’Hearn’sprovided ashortpresentationon“SaratogaLive”–amediawebsiteforSaratoga. CONSENTCALENDAR CITYCOUNCILREORGANIZATIONMINUTES–DECEMBER1,2009 2. STAFFRECOMMENDATION: Approveminutes. APPROVECITYCOUNCIL PAGE/HUNTERMOVED TO REORGANIZATIONMINUTES–DECEMBER1,2009. MOTIONPASSED4- 0-1WITHCOUNCILMEMBERNAGPALABSENT. TREASURER’SREPORTFORTHEMONTHENDEDNOVEMBER30,2009 3. STAFFRECOMMEDATION: Reviewandacceptthe Treasurer’sReportforthemonthendedNovember30,2009. ACCEPTTHETREASURER’SREPORTFOR PAGE/HUNTERMOVED TO THEMONTHENDEDNOVEMBER30,2009. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. REVIEWOFACCOUNTSPAYABLECHECKREGISTERS 4.. STAFFRECOMMEDATION: ThattheCityCouncilacceptstheCheckRegistersforthefollowingAccounts Payablecycles: November25,2009 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ December04,2009 ACCEPTTHECHECKREGISTERSFORTHE PAGE/HUNTERMOVED TO FOLLOWINGACCOUNTSPAYABLECYCLES:NOVEMBER25,2009AND DECEMBER04,2009. MOTIONPASSED4-0-1WITHCOUNCILMEMBER NAGPALABSENT. RESOLUTIONADOPTINGCOUNCILAGENCYASSIGNMENTSAND 5. ADHOCCOMMITTEEAPPOINTMENTS STAFFRECOMMEDATION: Adoptresolution. MayorKingremovedthisitemforclarificationregardingthecouncilrepresentatives ontheHakoneFoundationBoard.ShestatedViceMayorHuntershouldbethe primaryrepresentativeandMayorKing shouldbethealternate;andMayorKing shouldbetherepresentativeonthe ExecutiveCommittee.Inaddition,shenotedthe alternaterepresentativefortheSantaClaraCountyCitiesAssociationSelection Committee,shouldbeCouncilmember Miller. RESOLUTIONNO.09-066 ADOPTTHERESOLUTIONFORCOUNCIL KING/MILLERMOVED TO AGENCYASSIGNMENTSANDADHOCCOMMITTEEAPPOINTMENTS ASAMENDEDWITHTHEABOVECORRECTIONS. MOTIONPASSED4-0- 1WITHCOUNCILMEMBERNAGPALABSENT. FY2008/09COMPREHENSIVEANNUAL FINANCIALREPORT(CAFR). 6. STAFFRECOMMEDATION: ReviewandaccepttheFY2008/09ComprehensiveAnnualFinancialReport(CAFR) Councilmember Millerremovedthisitemtothankstaffforanexcellentjobin preparingthereport. ACCEPTTHEFY2008/09COMPREHENSIVE MILLER/PAGEMOVED TO ANNUALFINANCIALREPORT(CAFR). MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. ELECTRICAL,GASANDTELEPHONESERVICECONSTRUCTIONFOR 7. FRIENDSHIPHALL,SARATOGAPROSPECTCENTER–NOTICEOF COMPLETION STAFFRECOMMEDATION: Movetoacceptthe Electrical,Gasand TelephoneServiceConstructionProjectas completeandauthorizestafftorecordtheNoticeofCompletion. ACCEPTTHEELECTRICAL,GASAND PAGE/HUNTERMOVED TO TELEPHONESERVICECONSTRUCTION PROJECTASCOMPLETEAND 3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ AUTHORIZESTAFFTORECORDTHENOTICEOFCOMPLETION. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. OFFERTODEDICATETRAILEASEMENT 8. STAFFRECOMMEDATION: 1.ApproveOffertoDedicate Trail Easementonthepropertylocatedat22000Via Regina(APN503-69-025old,503-69-040new). 2.AdoptResolutionAcceptingOffertoDedicate Trail Easement. RESOLUTIONNO.09-067 1)APPROVEOFFERTODEDICATETRAIL PAGE/HUNTERMOVED TO EASEMENTONTHEPROPERTYLOCATEDAT22000VIAREGINA(APN 503-69-025OLD,503-69-040NEW).2)ADOPTRESOLUTIONACCEPTIING OFFERTODEDICATETRAILEASEMENT. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. HERITAGERESOURCEINVENTORYUPDATE 9. STAFFRECOMMEDATION: DirectStaffAccordingly Vice MayorHunterremovedthisitemfordiscussion. SheinquiredhowpeoplegoaboutgettinghistorichomeslistedontheHeritage ResourceInventorylist. PeterMarra,ChairforHeritagePreservationCommission(HPC),statedpeoplecould contacttheHPCtobegintheprocess.HeaddedtheHPCwouldaddthisresourcelist totheCity’swebsitesocitizenscouldaccessthevariouslinks,whichwouldalso assistthemindeterminingiftheirpropertiesmeetthecriteriatobeplacedonthe historicresourcelist. MichaelFossati,HPCstaffliaison,notedpeoplecouldcontacthimviatheCity’s websiteregardingtheprocessfordeeminghomesashistoric. ACCEPTTHEHERITAGERESOURCE HUNTER/MILLERMOVED TO INVENTORYLISTASPRESENTED. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. 2010HAZARDOUSVEGETATIONPROGRAMCOMMENCEMENT 10. RESOLUTION STAFFRECOMMEDATION: AdoptResolutionDeclaringHazardousVegetation(Weeds)asPublicNuisanceand SettingPublicHearing. RESOLUTIONNO.09-068 4 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ADOPTRESOLUTIONDECLARING PAGE/HUNTERMOVED TO HAZARDOUSVEGETATION(WEEDS)ASPUBLICNUISANCEAND SETTINGPUBLICHEARING. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. HISTORICALPARKLANDSCAPEPROJECT–DONATIONOFFUNDS 11. FROMTHESARATOGAHISTORICALFOUNDATION STAFFRECOMMEDATION: 1.Acceptfundsintheamountof$26,000fromtheSaratogaHistoricalFoundationfor theHistoricalParkLandscapeProject. 2.ApproveBudgetResolution. Vice MayorHunterremovedthisitemtoacknowledgethe significanceofthe HistoricalParkandtothanktheHistoricalFoundationforthe$26,000donationfor thelandscapeproject. BobHimel,PresidentoftheSaratogaHistoricalFoundationwaspresentandthanked theCityofSaratogafortheopportunitytoworkontheHistoricalPark.Healso thankedthemembersoftheHorticulturalSocietyforprovidingthedonationtothe HistoricalFoundation. RESOLUTIONNO.09-069 1)ACCEPTTHEDONATEDFUNDSINTHE HUNTER/PAGEMOVED TO AMOUNTOF$26,000FROMTHESARATOGAHISTORICAL FOUNDATIONFORTHEHISTORICALPARKLANDSCAPEPROJECT; 2)APPROVEBUDGETRESOLUTION. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. DEVELOPMENTIMPACTFEEREPORT 12. STAFFRECOMMEDATION: ReviewandacceptreportonthestatusofFY2008/09DevelopmentImpactFees ACCEPTREPORTONTHESTATUSOFFY PAGE/HUNTERMOVED TO 2008/09DEVELOPMENTIMPACT FEES. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. HIGHWAY9SAFETYIMPROVEMENTPROJECT,PHASEII- 13. COOPERATIVEAGREEMENTANDDESIGNCONTRACTAPPROVAL STAFFRECOMMEDATION: 1.AdoptaresolutionauthorizingtheCity ManagertoexecuteaCooperative AgreementbetweentheCityofSaratoga,theTownofLosGatos,andtheCityof MonteSerenofortheHighway9SafetyImprovementProjectPhaseII. 2.ApproveanIndependentContractorAgreementwithBKF Engineersfor preparationofconstructiondocumentsfortheHighway9SafetyImprovementProject PhaseIIandauthorizetheCityManagertoexecutethesame. 3.AuthorizetheCityManagertosignaLetterofUnderstandingwiththeCountyof SantaClara. 5 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTIONNO.09-070 1)ADOPTRESOLUTIONAUTHORIZINGTHE PAGE/HUNTERMOVED TO CITYMANAGERTOEXECUTEACOOPERATIVEAGREEMENT BETWEENTHECITYOFSARATOGA,THETOWNOFLOSGATOS,AND THECITYOFMONTESERENOFORTHEHIGHWAY9SAFETY IMPROVEMENTPROJECTPHASEII.2)APPROVEANINDEPENDENT CONTRACTORAGREEMENTWITHBKFENGINEERSFOR PREPARATIONOFCONSTRUCTIONDOCUMENTSFORTHEHIGHWAY 9SAFETYIMROVEMENTPROJECTPHASEIIANDAUTHORIZETHE CITYMANAGERTOEXECUTETHESAME.3)AUTHORIZETHECITY MANAGERTOSIGNALETTEROFUNDERSTANDINGWITHTHE COUNTYOFSANTACLARA. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. 2009LIBRARYHEATINGVENTING,AIRCONDITIONING(HVAC) 14. RENOVATION PROJECT–NOTICEOFCOMPLETION STAFFRECOMMEDATION: Movetoacceptthe2009LibraryHVACRenovationProjectascompleteand authorizestafftorecordtheNoticeofCompletionforthecontract. Councilmember MillerremovedthisitemtothankthestaffforcompletingtheHVAC renovationattheSaratogaLibraryandheinvitedthepublictostopinatthelibrary and signupforalibrarycard. ACCEPTTHE2009LIBRARYHVAC MILLER/PAGEMOVED TO RENOVATION PROJECTASCOMPLETEANDAUTHORIZESTAFFTO RECORDTHENOTICEOFCOMPLETIONFORTHECONTRACT. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. RESCINDMOTORVEHICLE(MV)RESOLUTIONNO.MV-190 15. PROHIBITINGPARKINGONAPORTIONOFSCULLYAVENUE STAFFRECOMMEDATION: MovetorescindtheMVResolutionrestrictingparkingonScullyAvenue. RESOLUTIONNO.MV-285 TORESCINDTHEMVRESOLUTIONNO.MV-190 PAGE/HUNTERMOVED RESTRICTINGPARKINGONAPORTIONOFSCULLYAVENUE. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. MOTORVEHICLE(MV)RESOLUTIONRESTRICTINGPARKINGON 16. OLDWOODROAD STAFFRECOMMEDATION: MovetoadoptMVResolutionrestrictingparkingonOldWoodRoad. 6 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTIONNO.MV-286 ADOPTMVRESOLUTIONRESTRICTING PAGE/HUNTERMOVED TO PARKINGONOLDWOODROAD. MOTIONPASSED4-0-1WITH COUNCILMEMBERNAGPALABSENT. PUBLICHEARINGS PROPOSEDORDINANCEESTABLISHINGTHECITY’SABILITYTO 17. ISSUEADMINISTRATIVECITATIONSFORVIOLATIONSOFTHE SARATOGACITYCODE. STAFFRECOMMEDATION: Conductapublichearingregardingtheattachedordinanceestablishingan administrativecitationprocedure,introduceandwaivethefirstreadingofthe ordinance,anddirectstafftoplacetheordinanceontheconsentcalendarforadoption atthenextregularlyscheduledmeetingoftheCityCouncil. Code EnforcementSpecialistJanaRinaldipresentedthestaffreport. MayorKingopenedthepublichearingforcomment. Noonewaspresenttospeakonthisitem. MayorKingclosedthepublichearing. WAIVETHEFIRSTREADINGOFTHE PAGE/MILLERMOVED TO ORDINANCEANDDIRECTSTAFFTOPLACETHEORDINANCEONTHE CONSENTCALENDARFORADOPTIONATTHENEXTREGULARLY SCHEDULEDMEETINGOFTHECITYCOUNCIL .MOTIONPASSED4-0-1 WITHCOUNCILMEMBERNAGPALABSENT. EXTENSIONOFURGENCYORDINANCE FORMEDICALMARIJUANA 18. DISPENSARIES STAFFRECOMMEDATION: Receiveandapprovethisstaffreportregardingmeasurestakenthusfartoalleviate theconditionthatledtoadoptionoftheNovember18,2009urgencyordinancefor medicalmarijuanadispensaries(MMDs)andadoptanordinanceextendingforten monthsand15daysthetemporarymoratoriumontheestablishmentofMMDs. CommunityDevelopmentDirectorJohn Livingstonepresentedthestaffreport. MayorKingopenedthePublicHearingforcomment. Noonerequestedtospeakonthisitem. MayorKingclosedthepublichearing. ORDINANCENO.275A 7 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ APPROVEREPORTREGARDINGMEASURES PAGE/HUNTERMOVED TO TAKENTHUSFARTOALLEVIATETHECONDITIONTHATLEDTO ADOPTIONOFTHENOVEMBER18,2009URGENCYORDINANCEFOR MEDICALMARIJUANADISPENSARIES(MMD’s)ANDADOPTAN ORDINANCEEXTENDINGFORTENMONTHSAND15DAYSTHE TEMPORARYMORATORIUMONTHEESTABLISHMENTOFMMD’s. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. RESOLUTIONSTOJOINCALIFORNIAFIRSTANDAUTHORIZE 19. SACRAMENTOCOUNTYTOAPPLYFORANDACCEPTSTATEENERGY PROGRAMFUNDSONBEHALFOFTHECITYOFSARATOGA STAFFRECOMMEDATION: AcceptreportandapproveresolutionstojoinCaliforniaFIRSTandauthorize SacramentoCountytoapplyforandacceptStateEnergyProgram(SEP)fundson behalfoftheCityofSaratoga. AdministrativeAnalystIICrystalMorrowpresentedthestaffreport. MayorKingopenedthePublicHearingforcomment. Noonerequestedtospeakonthisitem. MayorKingclosedthePublicHearing. CouncilmemberPagestatedhethoughtthiswasagoodprogram,however,hedidn’t supportauthorizingthe$12,500dollarsatthistimeandthattheCity shouldwaitto seeiftheState EnergyProgram(SEP)fundsareawarded. RESOLUTIONNO.09-071 RESOLUTIONNO.09-072 ACCEPTREPORTANDADOPTRESOLUTIONSTO PAGE/MOVED TO JOINCALIFORNIAFIRSTANDAUTHORIZESACRAMENTOCOUNTY TOAPPLYFORANDACCEPTSTATEENERGYPROGRAM(SEP)FUNDS ONBEHALFOFTHECITYOFSARATOGAANDNOTALLOCATETHE $12,500FUNDINGATTHISTIMEANDWAITTOSEEIFTHEFUNDS HAVEBEENAWARDED. MOTIONPASSED4-0-1WITHCOUNCILMEMBER NAGPALABSENT. OLDBUSINESS COUNCILMEMBERTOPICSFORJANUARY29,2010COUNCIL 20. RETREATAGENDA STAFFRECOMMEDATION: Acceptreportanddirectstaffaccordingly. MayorKinginvitedpubliccommentandnoonewaspresenttospeakonthisitem. 8 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ MayorKingclosedthepubliccomment. COUNCILDIRECTIONTOSTAFF: CouncildirectedstafftoagendizethefollowingtopicsontheCouncilRetreat Agenda: Startofftheretreatwithdiscussionaboutallthesuccessesand o accomplishmentsintheCity. CityBudget o WorkPlanforCommunityDevelopmentDepartmentwithperviousand o imperviouscoverage PromoteCityandDevelopCommunityBuilding o HealthandWellnessPrograms o ¾NonSmokingRegulations ¾SustainableEnvironment ¾VisionStatement(astimepermits) SANTACLARACOUNTYCITIESASSOCIATIONPOLICYPRIORITIES 21. FOR2010 STAFFRECOMMEDATION: Acceptreport,recommendthreetofivepolicypriorityproposalsfortheSantaClara CountyCitiesAssociation(SCCCA)2010policypriorities,andauthorizestaffto returnsuggestionstotheSCCCABoardofDirectorsfortheirJanuary14,2010 meeting. AssistantCityManagerBarbaraPowellpresentedthestaffreport. MayorKinginvitedpubliccomment. Noonerequestedtospeakonthisitem. MayorKingclosedthepubliccomment. COUNCILDIRECTIONTOSTAFF: TheCityCouncildirectedstafftoprovidethefollowingpolicyprioritiestotheSanta ClaraCountyCitiesAssociation(SCCCA)tobeconsideredfortheSCCCAPolicy Prioritiesfor2010: StateBudgetReform o AbilitytorepresenttheentireCountyregardlessofSCCCABoardmember’s o geographiclocation(South/NorthCountydivide) WaterIssues(conservation&quality) o PublicSectorPensionReform o NEWBUSINESS AMENDMENTTOLEASEAGREEMENTWITHHAKONEFOUNDATION 22. STAFFRECOMMEDATION: 9 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ApproveamendmenttoleaseagreementwithHakoneFoundationprovidingfor matchingfundsof$250,000towardsthecostofconstructingavisitorandconference centeratHakoneGardens. CityAttorneyRichard Taylorpresentedstaffreport. MayorKinginvitedpubliccomment. LonSaavedra, ExecutiveDirectorforHakoneGardensFoundation,addressedthe Councilregardingthe$250,000matchingfundsforconstructingavisitorand conferencecenteratHakoneGardens.Inaddition,heexpressedhisappreciationfor theexcellentrelationshipbetweentheCityandHakoneGardensandfortheCity’s support. ACCEPTANDAPPROVEAMENDMENTTO HUNTER/MILLERMOVED TO LEASEAGREEMENTWITHHAKONEFOUNDATION,WHICHWOULD EXPIREATTHEENDOF2013,ANDPROVIDINGFORMATCHING FUNDSOF$250,000TOWARDSTHECOSTOFCONSTRUCTINGA VISITORANDCONFERENCECENTERATHAKONEGARDENS. MOTIONPASSED4-0-1WITHCOUNCILMEMBERNAGPALABSENT. CITYCOUNCILMAYORALROTATIONPOLICY 23. STAFFRECOMMEDATION: Acceptreportanddirectstaffaccordingly. CityClerkAnnSullivanpresentedthestaffreport. MayorKinginvitedpubliccomment. Noonerequestedtospeakonthisitem. MayorKingclosedthepubliccomment. TherewasCouncildiscussionandCouncilmembersPageand MillernotedtheCityof Saratogahastraditionallybeenfollowingamayoralrotationpracticeverysimilarto theCityofDel Mar. CouncilmembersPage, MillerandMayorKingsupportedhavingaCouncilPolicyin placethatdeterminestheannualmayoralrotation suchasthepolicyoftheCityofDel Mar. Vice MayorHunterdidnotsupportcreatingamayoralrotationpolicy. DIRECTSTAFFTOCREATEAMAYORAL PAGE/KINGMOVED TO ROTATIONCOUNCILPOLICYFORTHECOUNCILPOLICIESAND PROCEDURESTHATISAKINTOTHECITYOFDELMAR’SPOLICY. MOTIONPASSED3-1-1WITHCOUNCILMEMBERHUNTEROPPOSINGAND COUNCILMEMBERNAGPALABSENT. 10 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ADHOC&AGENCYASSIGNMENTREPORTS MayorKathleenKing–reported: CitySchool Ad-Hoc–Saratoga-LosGatosUnionHighSchoolDistrictSuperintendent CaryMatsuokasuggestedsettingupameetingwiththeSaratogaCouncilMembers regardingPOPWarner,WestValleyCollegeandotheritems. Vice Mayor JillHunter–hadnothingtoreport. CouncilmemberHowardMiller–reported: ChamberofCommerce–he,alongwithothercouncilmembers,attendedtherecent ribboncuttingceremony. KSAR–islookingatpursuinganothergrantfortheirinternshipprogram;theyare consideringpurchasinganeweditingstation,andbuildingontheirrelationshipwiththe JuniorCollegeMediaArtsprograms.KSARisfocusingmoreoneducationaland communityprograms. CouncilFinanceStandingCommittee–heattendedthelastmeetingandnotedtheydid somepreparationfortheupcomingCouncilRetreat.HeaddedtheCityhasincorporateda financialplantohelpgetthroughtheareaswherethereisarevenue shortfall. HeattendedfirstVTAPACmeeting;VTAisheavilyfundedbysalestaxandtheir numbersaredown27%and21%inthelasttwoquarters;delayingcapitalpurchasesand arenotfillingvacantpositions.HenotedtheBARTextensionis showingnew signsof lifewithfederalfundingandifeverythinggoeswell,citizenscanboardaBARTtrainin Berryessain2018. CouncilmemberSusieNagpal–absent. CouncilmemberChuckPage–reported: ValleyTransportation AuthorityPAC–heparticipatedinhisfirstVTABoardmeeting andstatedtherearenumerousbudgetissues.VTAislookingatwaystomaintaina certainlevelofserviceeveninadowneconomy. WestValleySanitationDistrict–heattendedtherecentBoardmeetingandstatedthey areresearchingphosphorous-basedfertilizer,whichwouldbebeneficialtothesoil.He addedthesanitationplantisinneedofremodelinginordertobringituptomorecurrent standards;moreupdatesfromthewastetreatmentplantregardingtheneedsofour county,whichwillbecomeoneofthelargestcapitalinvestmentsinSantaClaraCounty. CITYCOUNCILITEMS Councilmember MillernotedKSARwouldliketodoashortpresentationatafuture CouncilmeetingregardingtheaccomplishmentsoftheStudentInternProgram. MayorKingnotedshewouldagendizethisitemforaFebruaryCouncilmeeting. Councilmember MillernotedhewillbeunavailabletheweekafterChristmas. CITYMANAGER’SREPORT DaveAndersonreportedhewillbeavailableduringtheholidayfurloughandCity AttorneyRichard Taylornotedhewouldalsobeavailable. 11 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ADJOURNMENT Therebeingnoadditionalbusiness,MayorKingaskedforamotiontoadjourn. ADJOURNTHEREGULARMEETINGAT9:20PM. PAGE/HUNTERMOVED TO MOTIONPASSED4-1-0WITHNAGPALABSENT. Respectfullysubmitted, AnnSullivan,CMC CityClerk 12 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: January 20, 2010 DEPARTMENT:CITY MANAGER: Finance & Administrative ServicesDave Anderson PREPARED BY:DEPT. DIRECTOR: Melanie WhittakerMary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: December 10, 2009 December 17, 2009 January 7, 2010 REPORT SUMMARY: Attached are the Check Registers for: Prior Check Register Ending Starting Ending Total Checks DateCheck No. Type of ChecksDateCheck No.Check No.ChecksAmountReleased Accounts Payable12/10/0911395611399943418,614.6612/10/0912/04/09113955 Accounts Payable12/17/0911400011407070210,319.6312/17/0912/10/09113999 Accounts Payable12/24/090000.00(None) Accounts Payable12/31/090000.00(None) Accounts Payable01/07/1011407111412453125,032.9201/07/1012/17/09114070 The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure: AP DateCheck No. Issued toFundDept.PurposeAmount Office of the SheriffGeneralPublic SafetyLaw Enforcement 12/09 12/10/09113985344,573.67 12/17/09114012City of San JoseGeneralPublic SafetyAnimal svc 10/09 & 11/09 28,352.08 Duran & VenablesCIP - Streets ProjectPublic Works4th St. & Cox Ave roadwork 12/17/09114018 38,866.00 12/17/09114048PG&E CMF / PPCGrant Fund - CIP StreetsPublic WorksDe Anza trail easement 21,000.00 Shute MihalyVariousVariousMonthly legal svc 12/17/09114055 25,548.01 01/07/10114084Duran & VenablesCIP - Streets ProjectPublic WorksEmergency road repair 20,500.00 The following are Accounts Payable checks that were voided or manually issued: AP DateCheck No. Issued toDescriptionAmount 12/10/09113643Loral LandscapingVoid - Reissued (4,360.00) 12/17/09113916LCCVoid - Reissued (100.00) The following is a list of cash reduction by fund: Fund #AP 12/10AP 12/17AP 01/07Total Fund Description 111General 393,006.34 107,952.73 64,329.87 565,288.94 231Village Lighting 1,975.97 1,975.97 232Azule Lighting 185.20 185.20 233Sarahills Lighting 209.28 209.28 241Arroyo de Saratoga Landscape 85.00 87.17 172.17 242Bonnet Way Landscape 135.00 136.01 271.01 243Carnelian Glen 135.00 135.00 244Cunningham/Glasgow Landscape 150.00 31.51 181.51 245Fredericksburg Landscape 132.00 31.51 163.51 246Greenbriar Landscape 406.00 9,287.74 9,693.74 247Kerwin Ranch Landscape 311.00 311.00 248Leutar Court Landscape 85.00 54.74 139.74 249Manor Drive Landscape 160.00 160.00 251McCartysville Landscape 180.00 210.81 18.34 409.15 252Prides Crossing Landscape 448.00 166.39 28.66 643.05 253Saratoga Legends Landscape 158.00 158.00 254Sunland Park Landscape 203.00 203.00 255Tricia Woods Landscape 45.00 156.41 8.57 209.98 271Beauchamps Landscape 85.00 35.71 120.71 272Bellgrove Landscape 5,535.50 1,273.04 203.51 7,012.05 273Gateway Landscape 203.00 236.19 439.19 274Horseshoe Landscape/Lighting 9.76 9.76 275Quito Lighting 165.00 889.47 1,054.47 276Tollgate LLD 1,755.60 737.44 2,493.04 411CIP Street Projects 946.69 60,697.48 23,084.17 84,728.34 412CIP Parks Projects 0.50 0.50 413CIP Facility Projects 6,772.90 612.65 7,385.55 421Tree Fine Fund 2,406.79 2,545.00 4,951.79 431Grant Fund - CIP Streets 21,000.00 21,000.00 611Liability/Risk Mgt 686.83 686.83 612Workers' Comp 910.50 910.50 621Office Stores Fund 452.95 161.14 654.94 1,269.03 622Information Technology 511.77 6,354.77 6,866.54 623Vehicle & Equipment Maint 2,799.62 34.92 2,558.34 5,392.88 624Building Maintenance 1,852.27 6,692.24 3,560.40 12,104.91 631Vehicle & Equipment Replacement 6,214.40 6,214.40 632IT Equipment Replacement 147.49 147.49 712KSAR Trust Fund 10,668.98 10,668.98 TOTAL 418,614.66 210,319.63 125,032.92 753,967.21 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format + SARATOGACITYCOUNCIL January20,2010 MEETINGDATE:AGENDAITEM: PublicWorksDaveAnderson DEPARTMENT:CITYMANAGER: KristinBorelJohnCherbone PREPAREDBY:DIRECTOR: PublicWorksAnalyst SUBJECT:MotorVehicle(MV)ResolutionsRestrictingParkingonDagmarDrive RECOMMENDEDACTION: MovetoadoptMVResolutionsrestrictingparkingonasectionofDagmarDrive. REPORT SUMMARY: TheCitywascontactedbyresidentsonDagmarDriveconcernedwithlongtermparkingontheir street. The“deadend”sectionofDagmarthatisvisiblefromSaratogaAvenuehasnotoriously beenaproblemparkingarea.BecauseofitscloseproximitytoHighway85,commuters,carsfor sale,andcommercialvehicleswithadvertisinghaveallusedthisareaforparking. Thelocal residentshaveoftencomplainedofnoise,litteringandanincreaseinvandalismduetoeasy parkingandaccesstothisarea. Theneighborhoodwouldliketoproceedwithparkingrestrictionsinaphasedapproach.Instead ofrestrictingparkingaltogether,theywouldliketostartwithatimedtwo-hourparking restrictionparalleltoSaratogaAvenue,whichwouldhopefullytakecareofthemajorityofthe parkingproblems.Parkingalongthefenceatthedeadendwillbemarkedas“NoParkingor StoppingAnytime”. Theneighborhoodwouldliketostartoutwiththisfirstrestrictionandseeif theproblemsdecrease.Ifnot,amorerestrictivesolutionmayneedtobeimplementedand approvedbytheCouncilinthefuture. Inordertoenforcethenewparkingrestriction,itisnecessarythattheattachedMotorVehicle ResolutionsbeadoptedbyCityCouncil. FISCALIMPACTS: Approximately$250inlaborandmaterialsisrequiredfortheCitytopostthesigns.These improvementsarepaidthroughtheCapitalImprovementProgram,whichhasafunddevotedto TrafficSafety. CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION(S): TheMVResolutionswouldnotbeadoptedandtrafficconditionswouldcontinueasis. Page1of2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ALTERNATIVEACTION(S): Noneinadditiontotheabove. FOLLOWUPACTION(S): The signswillbeinstalledandtheSheriff’sOfficewillbenotifiedofthenewrestrictions. ADVERTISING,NOTICINGANDPUBLICCONTACT: None. ATTACHMENTS: 1.Map 2.MVResolution–2hourrestriction 3.MVResolution–Noparkingorstopping Page2of2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Ü¿¹³¿® Ü®·ª» п®µ·²¹ 묮·½¬·±² îóر«® п®µ·²¹ ß®»¿ øéæðð ¿³ ó êæðð °³ô »¨½»°¬ ر´·¼¿§÷ Ò± п®µ·²¹ ±® ͬ±°°·²¹ ß²§¬·³» Ò ðîðìðèðïîðïêð Ú»»¬ RESOLUTIONNO.MV-______ RESOLUTIONIMPLEMENTINGA TWOHOURPARKINGRESTRICTION ONDAGMARDRIVE TheCityCounciloftheCityofSaratogaherebyresolvesasfollows: I.Baseduponanengineeringandtrafficstudy,thefollowingparking restrictions shallbedesignatedonDagmarDriveinthelocationspecified below: NAMEOFLOCATIONRESTRICTION STREET DagmarDriveStartingatthesoutheastTwohourparking7:00 cornerofDagmarDrivea.m.-6:00p.m.,except whereitintersectswithHolidays SaratogaAvenueand continuingsouthforone hundredthirty(130) feet. II.Allpriorresolutionsandotherenactmentsimposingaparkingrestrictionatthe locationspecifiedaboveareherebyrepealedtotheextentoftheirinconsistency withtherestrictionspecifiedabove. III.Thisresolution shallbecomeeffectiveatsuchtimeasthe signsand/or markingsareinstalled. TheaboveandforegoingresolutionwaspassedandadoptedbytheCityCouncilofthe CityofSaratogaataregularmeetingheldonthe20thdayofJanuary,2010,bythe followingvote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ KathleenKing,Mayor ATTEST: ____________________________ AnnSullivan,CityClerk ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTIONNO.MV-______ RESOLUTIONIMPLEMENTINGANOPARKINGORSTOPPINGANYTIME RESTRICTIONONDAGMARDRIVE TheCityCounciloftheCityofSaratogaherebyresolvesasfollows: I.Baseduponanengineeringandtrafficstudy,thefollowingparking restrictions shallbedesignatedonDagmarDriveinthelocationspecified below: NAMEOFLOCATIONRESTRICTION STREET DagmarDriveStartingatthesouthwestNoParkingorStopping cornerofDagmarDriveAnytime whereitdeadendsand travelingeastforthirty nine(39)feet. II.Allpriorresolutionsandotherenactmentsimposingaparkingrestrictionatthe locationspecifiedaboveareherebyrepealedtotheextentoftheirinconsistency withtherestrictionspecifiedabove. III.Thisresolution shallbecomeeffectiveatsuchtimeasthe signsand/or markingsareinstalled. TheaboveandforegoingresolutionwaspassedandadoptedbytheCityCouncilofthe CityofSaratogaataregularmeetingheldonthe20thdayofJanuary,2010,bythe followingvote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ KathleenKing,Mayor ATTEST: ____________________________ AnnSullivan,CityClerk ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT:ResolutionAmendingtheCityCouncilNormsofOperationtoImplementthe MayoralRotationPolicyfortheSaratogaCityCouncil RECOMMENDEDACTION: AdopttheResolutionamendingtheCityCouncilNormsofOperationtoimplementingthe MayoralRotationPolicyfortheSaratogaCityCouncil. REPORTSUMMARY: AttheDecember16,2009CityCouncilmeeting,Counciladoptedaformalpolicyforrotationof thepositionsofMayorandVice-Mayor.SuchrotationoccurseachyearduringtheCouncil ReorganizationSpecialmeeting,whichistypicallyheldthefirst Tuesdayinthemonthof December. ThispolicyfollowstheCouncil’sinformaltraditionofplacingthecandidateswiththe firstandsecondhighestvotetotalsinanyoneelectionintoaqueuetorotateintothepositionof MayorandVice-Mayor. OnDecember16,2009,CouncilvotedthatthecriteriaforchoosingCouncilleadershipwouldbe baseduponhighesttwovotetotalinanyoneelection.Councildirectedstafftobringthisitem backontheconsentcalendarasaresolutionimplementingthemayoralrotationpolicyby includingthepolicyintheCityCouncilNormsofOperation. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: TheMayoralRotationPolicywillnotbeincludedintheCityCouncilNormsofOperation. ALTERNATIVEACTION: N/A FOLLOWUPACTION: ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ TheCityCouncilNormsofOperationwillbeupdatedtoreflecttheamendment. ADVERTISING,NOTICINGANDPUBLICCONTACT: Postingoftheagenda. ATTACHMENTS: AttachmentA–ResolutionAdoptingMayoralRotationpolicy. AttachmentB–HistoricalMayoral–ViceMayorRotationChart. P:\SARATOGA\CityDocuments\MayoralRotationStaffReport.v2.doc ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTIONNO.10– RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFSARATOGA IMPLEMENTINGAPOLICY FORROTATIONOF MAYORANDVICE-MAYOR WHEREAS, CaliforniaGovernmentCodeSection36801 providesthattheMayorand protempore Mayor (i.e.,Vice-Mayor)ofa generallawcityarechosenbytheCityCouncil;and WHEREAS ,saidGovernmentCodeSectiondoesnot requirenor provideforany particular procedure forselectingtheMayorandtheMayorProTempore;and WHEREAS ,theSaratogaMunicipalCodedoesnotprovidea procedureforselectingthe MayorandtheMayorProTempore;and WHEREAS ,IntheCityofSaratoga,theMayorProTempore,bytradition,isknownasthe Vice-Mayor;and WHEREAS ,onDecember 16, 2009, theSaratogaCity Councilconsideredsamplesofother California generallawcities’ policies regardingmayoralselectionbyrotation;and WHEREAS ,onDecember 16, 2009, theSaratogaCity Councilvotedtoimplementa mayoralrotationpolicythatwouldplacethecouncilcandidateswiththetwohighestvotesinany one IneachSaratogaCity electionintoa queuetorotateintothepositionofMayorandVice-Mayor. Councilelection,thecandidatewiththemostvoteswouldbeplacedfirstintherotationofthat group,thecandidatewiththesecondhighestvoteswouldbeplacedsecond ;and WHEREAS ,onDecember 16, 2009, theSaratogaCity Councildirectedstaffto bring backa resolutionincorporatingtheCouncil’s newlyimplementedmayoralrotationpolicyintotheCity CouncilNormsofOperationatthenextscheduled regularCouncilmeetingonJanuary 20, 2010. NOW,THEREFORE,BEITRESOLVEDTHAT: TheCouncilNormsofOperationadoptedJanuary21,2004andlastamendedMay6,2009by ResolutionNumber09-24isherebyamendedtoreplace section5.Bwiththetextshownbelow: B.CityCouncilReorganization– TheCityCouncilshallholdaspecialmeetingonthe TuesdayimmediatelyprecedingthefirstregularmeetingofDecember.Inelectionyears thedateofthespecialmeetingmaybechangedbytheCityClerkasnecessarytoensure compliancewithStateelectionlaws. Thespecialmeeting shallbeheldtoselectaMayor andVice-Mayorasfollows: ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ 1.TheMayorandVice-Mayor shallbechosenbytheCityCouncilfromamongits membersbytheaffirmativevoteofthreeormoreoftheCouncilMembersto serveaone-yeartermatthepleasureoftheCouncil; 2.TheinitialnomineeforMayorshallbetheCouncilmemberlistedfirstinthe mayoralqueue(describedbelow)andtheinitialnomineeforVice-Mayor shallbe theCouncilmemberlistedsecondinthemayoralqueue; 3.Themayoralqueue shallbemaintainedbytheCityClerkandavailableforpublic inspectionand shallbeadministeredasfollows: a.Themayoralqueue shallconsistofnomorethanfourCouncilmembersat anytimeandthese shallbe thetwocouncilcandidateswiththe highest numberofvotesfromeachofthetwomost recent generalelections. b.Immediately upontheCouncil’s declarationoftheelection returns,the Councilmemberwiththehighestnumberofvotesshall beplacedinthe secondtolastpositioninthe queueandtheCouncilmemberwiththesecond- highestnumberofvotesshall beplacedinthelastpositioninthe queue. c.IntheeventthattwoormoreCouncilmembers receiveanequalnumber of votes,theirplacementinthe queueshall bedeterminedbyacointoss administeredbytheCityClerk. d.UponaCouncilmember’sselectionasMayor,thatpersonshall beremoved fromthe queueandthe remaining queuemembersshalladvancebyone position(e.g.,theCouncilmember previouslyinpositiontwoshalloccupy positionone,theCouncilmember previouslyinpositionthreeshalloccupy positiontwo,etc.). e.A Councilmembershall bewithdrawnfromthe queue uponleavingofficefor any reasonor uponfilingwiththeCityClerkawritten requestfor withdrawal.Uponwithdrawalby requestno Councilmembermaybe reinstatedinthe queue duringtheterminwhichthe requestwasmade. f.IfaCouncilmemberiswithdrawnfromthe queue,the remainingmembersof the queueshallmove uponeposition.Thelastpositioninthe queueshallbe filledbytheCouncilmemberwho receivedthethird-highestnumberofvotes whenmost recentlyelectedor,ifthereis nosuchCouncilmember,aCouncil memberelectedinaspecialelection. g.CouncilmembersservingontheCityCouncilbyvirtue ofappointmenttothe City Councilarenoteligibleto beplacedinthe queue duringthetermofthe appointment. 4.TheMayorandVice-Mayor shallassumethedutiesoftheirrespectiveoffices immediatelyuponelection. 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ TheaboveandforegoingresolutionwaspassedandadoptedataregularmeetingoftheSaratoga th CityCouncilheldonthe20dayofJanuary2010bythefollowingvote: AYES: NOES: ABSTAIN: ABSENT: KathleenM.King,Mayor ATTEST: AnnSullivan,CityClerk P:\SARATOGA\CityDocuments\MayoralRotation1a.v4.doc 3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ¦ Ü Y£ ªÃÜ Y£YÆ£ ãªÜÆ£Ü Y£ ªÃÜ Y£Y±Ã£ª 3++,++â¼ñÕÛƸâ¼ÂÂÆ _¢Ü Y£¡ÂÆ _¢Ü Y£¡ Û´»½¬·±²Ç»¿®3ÈÜÆ øøY 2ÈÂà £Ð£Ã ª¢ÃÜ Y£¡£Ð£Ã ª¢ÃÜ Y£¡ 1È ´ 3+++2444£Ð£Ã ª¢Ü Y£¡£Ð£Ã ª¢Ü Y£¡ Ò±²Û´»½¬·±²Ç»¿® ÜÆ øøY¢ÃÜ Y£¡ÜÆ øøY¢ÃÜ Y£¡ 244443â¼ñÕÛƸâ¼ÂÜÆ øøY¢Ü Y£¡ÜÆ øøY¢Ü Y£¡ Û´»½¬·±²Ç»¿®3ȣУà ª ÂâÃÜ Y£¡ÂâÃÜ Y£¡ 2Ȭ ±£ª«ÃÆ 244343ÂÃ¢Ü Y£¡ÂÃ¢Ü Y£¡ Ò±²Û´»½¬·±²Ç»¿® ´¢ÃÜ Y£¡ ´¢ÃÜ Y£¡ 244241â¼ñÕÛƸâ¼Â£Ð£Ã ª¢Ü Y£¡ÂÃ¢Ü Y£¡ Û´»½¬·±²Ç»¿®3ÈÂà 2ÈäêР¬ ±£ª«ÃÆ¢ÃÜ Y£¡¬ ±£ª«ÃÆ¢ÃÜ Y£¡ 1Èä±Ãª 244140¬ ±£ª«ÃÆ¢Ü Y£¡¬ ±£ª«ÃÆ¢Ü Y£¡ Ò±²Û´»½¬·±²Ç»¿® ÂâÃÜ Y£¡äêТÃÜ Y£¡ 24404/â¼ñÕÛƸâ¼ÂÂÃ¢Ü Y£¡äÃªÐ¢Ü Y£¡ Û´»½¬·±²Ç»¿®3Èä £ 2Ȭ ±£ª«ÃÆ äêТÃÜ Y£¡ä±Ãª¢ÃÜ Y£¡ 244/4.äÃªÐ¢Ü Y£¡ä±Ãª¢Ü Y£¡ Ò±²Û´»½¬·±²Ç»¿® ä±Ãª¢ÃÜ Y£¡ä £¢ÃÜ Y£¡ 244.4-â¼ñÕÛƸâ¼Âä £¢Ü Y£¡ä £¢Ü Y£¡ Û´»½¬·±²Ç»¿®3ÈÉ Ð 2ÈäêР¬ ±£ª«ÃÆ¢ÃÜ Y£¡¬ ±£ª«ÃÆ¢ÃÜ Y£¡ 1Èôkª 244-4,¬ ±£ª«ÃÆ¢Ü Y£¡¬ ±£ª«ÃÆ¢Ü Y£¡ Ò±²Û´»½¬·±²Ç»¿® É Ð¢ÃÜ Y£¡É ТÃÜ Y£¡ 244,4+â¼ñÕÛƸâ¼ÂÉ Ð¢Ü Y£¡É Ð¢Ü Y£¡ Û´»½¬·±²Ç»¿®3ÈÜñ± 2ÈÛ Ð ± äêТÃÜ Y£¡äêТÃÜ Y£¡ 244+34äÃªÐ¢Ü Y£¡äÃªÐ¢Ü Y£¡ Ò±²Û´»½¬·±²Ç»¿® ôkª¢ÃÜ Y£¡ôkª¢ÃÜ Y£¡ ñªÃ ª£ø«£ª£kªÃ± Ì»®³º±®Ó¿§±®¿²¼Ê·½»Ó¿§±®¿®»±²»§»¿®·²´»²¹¬¸º®±³Ü»½»³¾»®¬±Ü»½»³¾»®ò ïçççæÓ¿§±®Í¸¿©¼·»¼·²±ºº·½»ôß«¹«¬îôïçççòÞ±¹±·¿²©¿¼»·¹²¿¬»¼Ó¿§±®Ð®±Ì»³°±®»©·¬¸¬¸»Ü Y£Å°±·¬·±² ª¿½¿²¬«²¬·´¬¸»²»¨¬Ý±«²½·´Î»±®¹¿²·¦¿¬·±²ò îððîðíæͬ®»·¬»´»½¬»¼¿Ó¿§±®¾§Ý±«²½·´³¿¶±®·¬§±«¬±º®±¬¿¬·±²ò îððíðìæͬ®»·¬®»´·²¯«·¸»°´¿½»·²®±¬¿¬·±²òÛ¿½¸«¾»¯«»²¬Ý±«²½·´°±·¬·±²³±ª»«°·²®±¬¿¬·±²ò îððêðéæÂÛ£« ±Á®±¬¿¬·±²®»»¬¿¾´·¸»¼ò SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: BarbaraPowell AssistantCityManager SUBJECT:2009LibraryHeatingVentilating,AirConditioning(HVAC)RenovationProject– BudgetAdjustment RECOMMENDEDACTION: Acceptreport andmoveto approvebudgetresolution. REPORT SUMMARY: OnOctober7,2009,theCouncil approved a changeordertothecontractwithCIMAir,Inc.to addthe replacementoftheHVACcontrolssystemtothescopeofwork.The amountofthechangeorder approved byCouncilwas$68,867.AtthetimestaffbroughtthechangeordertotheCouncil,weinadvertentlyfailed toinclude a budget adjustmentresolution.The$68,867changeorderistobefundedwith$35,847 remainingfromtheoriginallybudgetedprojectcontingency, and an additionaltransferof$33,020fromthe Library’sCapitalImprovement Fund. FISCALIMPACTS: Theprojecthasbeencompleted and,inordertopaythecontractorfortheoutstandinginvoice,staffis recommendingthattheCouncil approve a budgetresolution authorizing a transferof$33,020fromthe LibraryCapitalImprovement FundtotheLibraryHVACRenovation Project.Abudgetresolution amendingtheprojectbudgetis attached.Thefinalcostofthiscontract,includingthecontrolssystem amendment,$267,670. ÓÉ CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: Staffwillnotbe authorizedtopaythecontractorthetotalfinalinvoiced amountforthecontrolssystem. ALTERNATIVEACTION: Nonein additiontothe above. FOLLOWUPACTION: StaffwillpaytheoutstandinginvoicetoCIMAir,Inc. ADVERTISING,NOTICINGANDPUBLICCONTACT: Page1of3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Nothing additional. ATTACHMENTS: BudgetResolution. Page2of3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTIONNO.__________ RESOLUTIONOFTHECITYCOUNCILOFTHECITYOF SARATOGA AMENDINGTHEANNUALBUDGETFORFISCALYEAR2009/10 TOPROVIDEFUNDINGFORTHE2009 SARATOGALIBRARY HVACRENOVATIONPROJECT WHEREAS ,theCityCouncildesirestofinalizethe SaratogaLibraryHVACRenovation Project intheCity; and WHEREAS , additionalfundinginthe amountof$33,020isneededforthecompletionofsaid project; and WHEREAS, itisnecessarytomake adjustmentstothe FiscalYear2009/10CapitalImprovement Budget asfollows: AccountDescriptionAccount#Amount Toappropriateadditionalfundingandexpendituresforthe LibraryHVACRenovationProject LibraryCapitalImprovement Fund–TransferOut711870199999$33,020 LibraryHVACRenovation Project–TransferIn4139374-00149999$33,020 LibraryHVACRenovation Project–Exp.Appropriation:413.9374.001.81161$33,020 NOW,THEREFORE,BEITRESOLVED, thattheCityCounciloftheCityof Saratoga hereby approvesthe above adjustmentstothe FiscalYear2009/10Budget. BEITFURTHERRESOLVED ,the above andforegoingresolutionwaspassed and adopted at a regularmeetingofthe SaratogaCityCouncilheldonthe20thdayofJanuary2010bythefollowingvote: AYES: NOES: ABSENT: ABSTAIN: ______________________ KathleenKing,Mayor Cityof Saratoga Attest: _______________________ Ann Sullivan,CityClerk Page3of3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2009 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: DebbieBretschneider DeputyCityClerk SUBJECT: RecordsManagementProgram:ResolutionsAuthorizingFinalDispositionof CertainCityRecords RECOMMENDEDACTION: AdoptResolutionAuthorizingFinalDispositionofCertainCityRecords. BACKGROUND: InJune2009,theCityCouncilapprovedanewRecordsRetentionSchedule.Inaccordancewith theschedule,eachyear,StaffandtheCityAttorneyreviewarchiveddocumentstodetermine thosethatarenonessentialandcan,thereforebeshredded. Inordertocomplywith statelaw,processingexpiredrecordsfordestructionisamulti-stepprocess: 1.Staffineachdepartmentidentifiesrecordsthathaveexpiredinaccordancewiththe approvedrecordsretentionschedule. 2.Departmentdirectorsreviewandapprovethelistofrecordstobedestroyedintheir departments. 3.TheCityClerkandCityAttorneyreviewandapproveacombinedlistofallexpiredrecords. 4.ThelistofrecordsispresentedtotheCityCouncilalongwitharesolutionauthorizingthe shreddingoflisteddocuments.Recordsmaynotbeshreddedwithouttheauthorizationofthe CityCouncil. Atthistime, Staffhasidentified 12 boxesofexpired recordsandis requestingauthorizationfromthe Councilto proceedwithshreddingthe documents. FISCALIMPACTS: Fundingforshreddingof recordsisincludedintheoperating budget.Shredding paper recordscould resultinsavingsthrough reducedliabilityintheeventoflitigationagainstthe City. CONSEQUENCESOFNOTFOLLOWINGTHERECOMMENDEDACTIONS: Recordswillnotbeshredded. Page1of2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ALTERNATIVEACTION(S): Removespecific recordsfrom destructionlistandapprovewithchanges. FOLLOWUPACTION(S): CouncilhasimplementedapolicyauthorizingStafftohaverecordsshreddedthirty(30)daysafter Councilhasauthorizedtherecordsdestructionbasedontheadoptedrecordsretentionpolicy. (September16,2009CityCouncilMinutes) ADVERTISING,NOTICINGANDPUBLICCONTACT: N/A ATTACHMENTS: Attachment1-ResolutionAuthorizingthe FinalDispositionofCertainCityRecords Attachment2-ExhibitA:ListofRecordstobe Shredded. Page2of2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That it does hereby authorize the department heads to havethose certain records, documents, instruments, books or paper under their charge as described in Exhibit ‘A’to be shredded. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City th Council held on the 20day of January, 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Kathleen M. King, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2009 DEPARTMENT:CITYMANAGER: CommunityDevelopmentDaveAnderson PREPAREDBY:DIRECTOR: JanaRinaldiJohnLivingstone,AICP CodeCompliance Specialist SUBJECT: AdoptionofordinanceestablishingtheCity’sabilitytoissueadministrative citationsforviolationsoftheSaratogaCityCode. RECOMMENDEDACTION: StaffrecommendstheCityCouncilwaivetheSecondReadingandadopttheAdministrative CitationOrdinance. BACKGROUND: OnDecember16,2009,theCityCouncilconductedapublichearing,introducedtheordinance, andvotedtoplacetheordinanceonconsentforadoptionatthenextregularlyscheduledCity Councilmeeting. DISCUSSION TheCityestablishesrulesandregulationsforlivinganddoingbusinesswithincitylimits. Currently,theCity’sonlyabilitytoenforceitsordinancesisthroughvoluntarycompliance, recordationofacodeviolationagainstthetitleoftheproperty,andpublicnuisanceabatementor criminalprosecutionthroughthecourtsystem. Theadministrativecitationordinancewouldallow stafftoissueadministrativecitationsforviolationsoftheCityCode. Typically,enforcementofviolationsoftheCityCoderesultsina“NoticeofViolation”,which consistsofeducation,specificremediesandatimeframeforcompliance.Inmostcasesthistype ofcorrectivenoticeissufficient;however,therearesituationswherestrongerenforcementactions arenecessary.UndertheexistingCityCode,codeviolationsmaybecriminallychargedas infractionsormisdemeanors.ProsecutionthroughtheCourtsystemiscostlyandrequires significantstaffresourcesaswellasCityAttorneytime.Inaddition,ifthematteractuallygetsto court,theoffendermaysimplyberequiredtoremovethepersonalpropertyormaterials.Similar circumstancesariseinconnectionwithenforcementofotherrequirementsoftheCityCode. Theproposedordinancewouldprovideanalternativetocriminalprosecutionofcodeviolations andotherexistingtools.Staffbelievesthatinsomecircumstancesthiscouldbeamoreeffective tooltopromotecompliancewiththeCityCode.ItwouldallowtheCitytoimposeadministrative finesofnotmorethan$100.00forafirstviolation,$200.00forasecondviolation,andafinenot exceeding$500.00foreachadditionalviolation.Eachdaythataviolationcontinueswouldbe ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ consideredaseparateviolationoftheCode.Costlycourtactionwouldbeavoidedexceptin instanceswhereanindividualorentityrefusestorespondtoacitationorappealsahearing officer’sfindingthataviolationhasoccurred.Unpaidadministrativefineswouldgointoastate- establishedcollectionprocessinwhichdelinquentfinesarecollectedviatheFranchise TaxBoard. Theordinancewouldrequirethatresidentsbegiventheopportunitytocorrectcodeviolations beforeanypenaltyisissuedexceptincasesof.Theordinance immediatedangertohealthorsafety includesproceduresforappealsofcitationstoanimpartialhearingofficer.Suchhearingswould providepersonswhobelievethecitationisnotwarrantedtopresenttheircasetothehearing officer.HearingofficerdecisionsmayalsobeappealedtotheSantaClaraCountySuperior Court. StaffrecommendsthatnoadministrativecitationsbeissuedbeforeJuly.Thiswillallowtimefor stafftraining,publiceducation,establishingadministrativepenaltiesinthefeescheduleandsetting uptheotheraspectsoftheprogram. FISCALIMPACTS: Staffestimatesthatthecollectionoffinesandpenaltiesshouldresultinarevenue-expenseneutral codecomplianceprogram.Administrativecitationswillrangefrom$100.00upto$500.00per occurrence.TheminimumcostformanagementandprocessingthroughtheCity’sexisting vendorforparkingticketfinesis$100.00permonth,or$1,200.00peryear.Itisexpectedthat thecostofthisservicewillbeoffsetinpartbytheintakeofcivilfines.Staffisrecommendingthat themanagementprocessingservicenotbeactivateduntilthefollowingfiscalyear.Thiswill providestaffwithtimetoacclimateCityresidentstotheAdministrativeCitation Ordinance/Program Enforcementwithouttheaddedexpensetothisfiscalyear’sbudget. CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: TheCitywouldcontinuetouseitsexistingenforcementtoolsasdescribedabove. FOLLOWUPACTION: Thisordinanceoracomprehensivesummarythereofshallbepublishedinanewspaperofgeneral circulationoftheCityofSaratogawithinfifteendaysafteritsadoption. ADVERTISING,NOTICINGANDPUBLICCONTACT: NoticeofthismeetingwasproperlypostedandpublishedintheSaratogaNews. ATTACHMENTS: A.Ordinance ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ ORDINANCENO.__________ ANORDINANCEAMENDING THESARATOGACITYCODE TOAUTHORIZEISSUANCEOFADMINISTRATIVECITATIONS FORVIOLATIONSOF THESARATOGACITYCODE THECITYCOUNCILOF THECITYOFSARATOGADOESORDAINASFOLLOWS: SECTION1.Findings A.TheCaliforniaConstitution,ArticleXI,section7,providescitiesandcounties withtheauthoritytoenactordinancestoprotectthehealth,safety,welfare,and moralsoftheircitizens. TheCityofSaratogahasasubstantialinterestin enforcingcompliancewithitsCodeinamannerthatisefficient,fair,and consistentwithapplicablestatelaws. B.TheCityofSaratogahasasubstantialinterestinenforcingcompliancewithits Codeinamannerthatisefficient,fair,andconsistentwithapplicablestatelaws. Administrativecitationsprovideanadditionaltooltohelpenhancecompliance withtheCodeandlowerenforcementcostsbornebyCitytaxpayers. C.AfterconductinganoticedpublichearingonDecember16,2009,theSaratoga CityCouncilandconsideringallevidenceandtestimonypresentedatthathearing hasdeterminedthatitisinthepublicinteresttoamendtheCityofSaratogaCode toauthorizetheissuanceofadministrativecitationsforviolationsoftheCity Code. SECTION2.Adoption. Article3-30isherebyaddedtotheSaratogaCityCodeasshowninAttachmentA. SECTION3.California EnvironmentalQualityAct. PursuanttotheCalifornia EnvironmentalQualityAct(“CEQA”),thisactionisexemptunder14 CaliforniaCodeofRegulations(“CEQAGuidelines”)section15061(b)(3)(theamendmentsare exemptbecauseitcanbeseenwithcertaintythatthereisnopossibilitythattheactivityin questionmayhavea significanteffectontheenvironment). SECTION4.SeveranceClause. TheCityCouncildeclaresthateachsection,subsection,paragraph,sub-paragraph,sentence, clauseandphraseofthisordinanceisseverableandindependentofeveryothersection,sub- section,sentence,clauseandphraseofthisordinance.Ifanysection,sub-section,paragraph, sub-paragraph,sentence,clauseandphraseareheldinvalid,theCityCouncildeclaresthatit wouldhaveadoptedtheremainingprovisionsofthisordinanceirrespectiveoftheportionheld invalid,andfurtherdeclaresitsexpressintentthattheremainingportionsofthisordinance shouldremainineffectaftertheinvalidportionhasbeeneliminated. 1 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SECTION5.Publication. Thisordinanceoracomprehensivesummarythereof shallbepublishedinanewspaperof generalcirculationoftheCityofSaratogawithinfifteendaysafteritsadoption. TheforegoingordinancewasintroducedandreadattheregularmeetingoftheCityCouncilof theCityofSaratogaheldonthe16thdayofDecember,2009,andwasadoptedbythefollowing votefollowingasecondreadingonthe20thdayofJanuary,2010: COUNCILMEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ KATHLEENKING MAYOROF THECITYOFSARATOGA Saratoga,California ATTEST: __________________________________ ANNSULLIVAN CLERKOF THECITYOFSARATOGA Saratoga,California APPROVEDAS TOFORM: ____________________________________________ RICHARD TAYLOR,CITYATTORNEY 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ AttachmentAtoOrdinanceNo.__ CityofSaratogaAdministrativeCitationsOrdinance Article3-30.AdministrativeCitations 3-30.010.-Applicability. (a)Useofthisarticle shallbeatthesolediscretionoftheCityandisoneremedythattheCity hastoaddressviolationsoftheCode,asdefinedinthisarticle.Byadoptingthisarticle,theCity doesnotintendtolimititsdiscretionorabilitytoutilizeanycriminal,civilorotherremedies,or anycombinationthereofallowedbylaw,toaddressanyviolationsoftheCity'slawsand regulations. (b) ThisarticlemakesanyviolationoftheprovisionsoftheSaratogaCityCodeandother regulationssubjecttocivilfines. (c) Thisarticleestablishestheadministrativeproceduresfortheimposition,enforcement, collectionandadministrativereviewofcivilfinespursuanttoCaliforniaGovernmentCode Section53069.4. (d)Anadministrativefine shallbeimposedbymeansofanadministrativecitationissuedbyan EnforcementOfficerand shallbepaiddirectlytotheCityofSaratoga.Paymentofafine shall notexcuseafailuretocorrectaviolationnorshallitbarfurtherenforcementactionbytheCity. 3-30.020.-Definitions. Asusedinthisarticle,thefollowingwordsaredefinedasfollows: "Citation"meansanadministrativecitationthatisissuedtoaresponsiblepersonpursuanttothis article. "Citee"meansaresponsiblepersontowhomacitationisissued. "City"meanstheCityofSaratoga,California. "Civilfine"isthemonetarysanctionestablishedbyresolutionoftheCityCouncilthatis imposedbyacitation. "Code"meansandincludes: (1) TheentireSaratogaCityCodeandallSantaClaraCountyandStatecodesincorporated thereinbyadoptionorreference; (2)Anyconditionimposeduponanyentitlement,permit,approvalorlicense; (3)AnyuncodifiedordinanceadoptedbytheSaratogaCityCouncil;and (4)AllotherStatelawsapplicabletoconductorlanduseintheCityofSaratoga. "Director"meanstheCommunityDevelopmentDirectoroftheCityofSaratogaorthatperson’s designee. "EnforcementOfficer"and“Officer”meananyofficer,agentoremployeeoftheCitydesignated bytheCityManagertohavetheauthorityandresponsibilitytoenforcethisCode. 1 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ "HearingOfficer"meansaperson,agencyorbodydesignatedbytheCityCounciltoconsiderall timelyrequestsforanadministrativehearinguponissuanceofacitation. "Noticeofviolation"meansawrittennoticetoaresponsiblepersonthataviolationofthisCode hasoccurred. Thisnoticemayincludeawarningthatanadministrativecitationassessingfines maybeissuedunlesstheviolationisterminatedorabated. "Owner"meansandincludesanypersonhavinglegaltitleto,orwholeases,rents,occupiesor hascharge,controlorpossessionof,orresponsibilityfor,anyrealpropertyintheCity,including allpersonsidentifiedasownersonthelastequalizedassessmentrolloftheSantaClaraCounty assessor'soffice.Anownerofpersonalpropertyoranimals shallbeanypersonwhohaslegal title,charge,controlorpossessionof,orresponsibilityfor,property.Anownermayincludean agent,managerorrepresentativethereof. "Person"meansandincludesanyindividual,partnershipofanykind,acorporationofanykind, limitedliabilitycompany,association,jointventureorotherorganizationorentity,however formed,aswellasfiduciaries,trustees,heirs,executors,administrators,orassigns,orany combinationofsuchpersons."Person"alsoincludesanypublicentityoragencythatactsasan ownerintheCity. "Property"or"premises"meansanyrealproperty,orimprovementsthereon,orportionsthereof, asthecasemaybe."Property"includesanyparkwayorunimprovedpubliceasementabutting suchrealproperty."Property" shallalsoincludeallformsofpersonalpropertyoranimals,where applicable. "Responsibleperson"meansanyperson,whetherasanowner,lessee,licensee,orotherwise,that allows,causes,creates,maintains,orpermitsaviolationoftheCodetoexistorcontinue,byany actortheomissionofanyactorduty. "Violation"meansanactoromissionofanyact,oruseorconditionthatconstitutesanoffenseof theCode,aswellasabreachorviolationofanyconditionofapermit,approvalorlicenseissued pursuanttotheCode.A"transient"violationisonethatisbrieforspontaneousinits commission,orthatisnottypicallyconfinedtoafixedlocation.A"nontransient"violationis continuinginnatureandgenerallypresentatonelocationandisalsodescribedasa“continuing” violation. 3-30.030.-Scope. Thisarticleprovidesforimpositionofacivilfinepursuanttoacitationforanyviolationofthe Code,aswellasforabreachorviolationofanyconditionofapermit,approvalorlicenseissued pursuanttotheCode. Thisremedymaybeutilizedinplaceof,orinadditionto,anyother remedyallowedbytheCodeorStatelaw. The EnforcementOfficer shallhavesolediscretionto utilizeanyremedyorremediesasauthorizedbylaw. 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ 3-30.040.-Issuanceofnoticeofviolation. (a)Noadministrativecitationmaybeissuedunlessanoticeofviolationhasfirstbeenissuedin accordancewiththissectionunlesstheviolationcreatesanimmediatedangertohealthorsafety. Whenan EnforcementOfficerdeterminesthataresponsiblepersonhascommittedaviolationof theCode,theOfficer shallissueanoticeofviolationtotheresponsibleperson.Suchnotice shall serveasawrittenwarningofresponsibilityandrequireimmediateactionbytheresponsible persontoabatetheviolation. Thenoticeofviolationshallspecifyadatewithinaperiodofat leastfivedaysoftheissuanceorsuchlongerperiodastheOfficerdetermines,bywhichthe violationcanreasonablybeabated.If,aftersaidcorrectionperiod,theviolationisnotabated, the EnforcementOfficermayissueanadministrativecitationassessingfinesinaccordancewith thisarticle. (b) Thenoticeofviolation shallspecify: (1)Nameandmailingaddressoftheresponsibleperson; (2) Theaddressordescriptionofthelocationoftheviolation; (3) Thedateofcommissionoftheviolation(s)ordetectionthereofbyan Enforcement Officer; (4) TheCodeprovision(s)violated; (5)Adescriptionoftheviolation(s); (6) Theaction(s)requiredtocorrecttheviolation(s)andanydeadlinesortimelimitations forcommencingandcompletingsuchaction(s); (7)Possibleamountofthefineforeachviolation,andtheprocedureandplacetopaythe fine(s),andanylatecharge(s),ifnottimelypaid; (8) Thenameand signatureofthe EnforcementOfficerissuingthenoticeofviolation; and (9)AnyotherinformationdeemednecessarybytheOfficer. (c)OnsuchformasmaybeprovidedforbytheDirector,anyresponsiblepersoncitedfora violationthatdoesnotcauseimmediatedangertohealthorsafetymaypetitiontheOfficerforan extensionoftimetocorrecttheviolationsolongasthepetitionisreceivedbeforetheendofthe periodallowedforcorrection,asstatedinthenoticeofviolation. TheOfficermay,inthe Officer’ssolediscretion,grantanextensionoftimetocorrecttheviolationiftheOfficer determinesthattheresponsiblepersonhassuppliedsufficientevidence showingthatthe correctioncannotreasonablybemadewithinthestatedperiod. TheOfficer’sdecision shallbe finaland,notwithstandinganyotherprovisionofthisCode,notsubjecttoappealexceptinan appealchallengingtheissuanceofanadministrativecitation. 3-30.050.-Issuanceofadministrativecitation. (a)Wheneveran EnforcementOfficerdeterminesthataviolationoftheCodehasoccurred,the OfficermayissueacitationonaformapprovedbytheCityAttorneyimposingacivilfineor finestotheresponsibleperson(s)inaccordancewiththeprovisionofthisArticle. Thecitation shallbeissuedfollowingthecorrectionperiodspecifiedinthenoticeofviolationor,ifthe violationcreatesanimmediatedangertohealthor safety,concurrentlywiththenoticeof violation. 3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ (b)An EnforcementOfficermayissueanoticeofviolationand/oracitationforaviolationnot committedintheOfficer'spresenceiftheOfficerhasdetermined,throughinvestigation,thatthe Citeedidcommit,orisotherwiseresponsiblefor,theviolation. (c) Eachdayonwhichatransientviolationoccursandeachdayuponwhichanontransient violationcontinues,shallbeaseparateviolationforwhichacitationmaybeissued.Acitation maychargeseveralviolationsoftheCode. (d) Eachcitation shallcontainthefollowinginformation: (1)Nameandmailingaddressoftheresponsibleperson; (2) Theaddressordescriptionofthelocationoftheviolation; (3) Thedateofcommissionoftheviolation(s)ordetectionthereofbyan Enforcement Officer; (4) Thedatethenoticeofviolationwasissuedandthedatethatnotice setforcorrection oftheviolation; (5) TheCodeprovision(s)violated; (6)Adescriptionoftheviolation(s); (7)Amountofthefineforeachviolation,andtheprocedureandplacetopaythefine(s), andanylatecharge(s),ifnottimelypaid; (8)Whenappropriate,theaction(s)requiredtocorrecttheviolation(s),and,ifapplicable, anydeadlinesortimelimitationsforcommencingandcompletingsuchaction(s); (9)Adescriptionofthecitationreviewprocessandthemannerbywhichahearingona citationmaybeobtained(includingtheformtobeusedandtheperiodinwhicharequest mustbemadeinordertobetimely); (10) Thenameand signatureoftheOfficer;and (11)AnyotherinformationdeemednecessarybytheOfficer. 3-30.060.-Service. The EnforcementOfficermayissueanoticeofviolation,administrativecitation,oranyother notice,order,orotherdocumentrequiredtobegivenbythisArticlebypersonalservice,mail,or postingasspecifiedbelow. (1)Forpersonalservicethe EnforcementOfficer shallattempttolocateandpersonally servetheresponsiblepersonandobtainthe signatureoftheresponsiblepersononthe administrativecitation.Iftheresponsibleperson servedrefusesorfailstosignthe document(s)served,thefailureorrefusalto sign shallnotaffectthevalidityofthe citationorofsubsequentproceedings.Ifanagent,managerorrepresentativeofa responsiblepersonispersonallyservedacopyofthedocument(s)servedshallalsobe servedbyfirstclassmailtotheresponsiblepersonathis/herlast-knownbusinessor residenceaddressasthesameappearsintherecordsoftheCity,or,ifthecitylackssuch records,theCounty.Insuchinstances,thedateacopyofthedocument(s)servedis depositedwiththeU.S.PostalService shallconstitutetheissuancedate. 4 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ (2)Forservicebymailthe EnforcementOfficer shallmailthedocument(s)beingserved bycertifiedmail,postageprepaidwitharequestedreturnreceiptattherecipient’slast- knownbusinessorresidenceaddressasthesameappearsinpublicrecordsoftheCity,or, iftheCitylackssuchrecords,theCounty.Simultaneously,thecitationmaybesentby firstclassmail.Ifthedocument(s)issentbycertifiedmailandthecertificationis returnedunsigned,thenservice shallbedeemedeffectivepursuanttofirstclassmail, providedthedocument(s)sentbyfirstclassmailisnotreturned. (3)Forviolationsinvolvingrealproperty,ifthe EnforcementOfficerisnotabletoserve theresponsiblepartyinpersonorbymail,the EnforcementOfficer shallpostthe document(s)tobeservedonanyrealpropertywithintheCityinwhichtheCityhas knowledgethattheresponsiblepersonhasalegalinterestorpossession,dominionand controlof,suchproperty,oraportionthereof.Suchposting shallbedeemedeffective service,andthedateofposting shallconstitutethedateofservice. 3-30.070.-Civilfines,latecharges—Collectionoffeesandcosts. (a) TheamountofthefinesforviolatingparticularprovisionsofthisCodeshallbesetina scheduleoffinesadoptedfromtimetotimebyresolutionbytheCityCouncilinaccordancewith statelaw. Theschedulemayincludeescalatingfineamountsforrepeatviolationsoccurring withinspecifiedperiodsoftime. (b) Thescheduleoffines shallspecifytheamountoflatepaymentpenaltyowedforanyfinenot paidwhendue. (c)WherenoamountisspecifiedbyresolutionoftheCityCouncil,thefollowingfines shall apply: (1)Afinenotexceeding$100.00perdayforafirstviolation; (2)Afinenotexceeding$200.00perdayforasecondviolationofthesameordinanceor permitwithinoneyearfromthedateofthefirstviolation;and (3)Afinenotexceeding$500.00perdayforeachadditionalviolationofthesame ordinanceorpermitwithinoneyearfromthedateofthefirstviolation. Separatefines shallapplyforeachseparateviolation,however,intheeventthatmultiple violationsarefoundtooccurasaresultofaninvestigation,eachsuchviolationlistedinthefirst citationfollowingtheinvestigation shallbeconsidereda“firstviolation”. (d)Civilfinesandanylatechargesdue shallbepaidtotheCityatsuchlocationoraddressas statedinthecitation,orasmayotherwisebedesignatedbytheDirector. (e) TheduedatefortheCity'sreceiptofacivilfineshallbethirty(30)calendardaysfromthe issuancedateofacitation. Thereafter,alatechargeshallbedueandowing. (f)Paymentofacivilfine shallnotexcuseordischargeaCiteefromthedutytoimmediately abateaviolationoftheCode,norfromanyotherresponsibilityorlegalconsequencesfora continuationorrepeatedoccurrence(s)ofaviolationoftheCode. 5 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ (g)Abatementofaviolation shallnotexcusetheobligationofaCiteetopayacivilfine,orany latecharge. (h)Unpaidcivilfinesand/orlatechargesshallconstituteadebtthatmaybecollectedinany mannerallowedbylaw.WhereauthorizedbylawtheCity shallbeentitledtorecoverits attorneyfeesandcostsarisingfromanactiontocollectacivilfineand/orlatechargeifitisthe prevailingperson 3-30.080.-Righttoanadministrativehearing. (a)AnyCiteemaycontesttheissuanceofacitationbyfilingarequestforanadministrative hearingwiththeOfficeoftheCityClerk. Therequestforanadministrativehearing shallbe madeonaCity-approvedformandfiledwithinfifteen(15)calendardaysfromtheissuancedate ofacitation.IftheOfficeoftheCityClerkdoesnotreceivetherequestintherequiredperiod, theCiteeshallhavewaivedtherighttoahearingandthecitationandfine shallbedeemedfinal. (b)Nofee shallbechargedforthefilingofarequestforahearing. (c)Requestsforahearing shallbeaccompaniedbytheentireamountofthefinestatedinthe citation.Failuretodepositafine,orthetenderofanonnegotiablecheckintherequiredperiod, shallrenderarequestforanadministrativehearingincompleteanduntimely.Finesthatare depositedwiththeCity shallnotaccrueinterest.Finesdepositedshallbereturnedtotheperson tenderingthefineswithinthirty(30)daysintheeventacitationisoverturned.TheCity Manager,uponconcurrenceoftheDirectorofPublicWorks,maywaivetherequirementfor advancedepositofthefeeforhardshipinaccordancewithhardshipstandardsandproceduresto beadoptedbytheCityManagerandDirectorofPublicWorksfromtimetotime. 3-30.090.-AdministrativeHearing. (a) TheCityCouncilshalldesignateorappoint,inaccordancewithapplicablelaw,aHearing Officer. Theemployment,performanceevaluation,compensation,andbenefitsoftheHearing Officer,ifany, shallnotbedirectlyorindirectlyconditionedupontheamountofadministrative citationfinesupheldbytheHearingOfficer. (b) Thehearings shallbeattendedbythe EnforcementOfficerandtheCitee(orauthorized representativeofCitee)andconductedpursuanttoreasonableprocedurestobeestablishedbythe HearingOfficer. (c)Afterconsideringallofthetestimonyandevidencesubmittedatahearing,theHearing Officershallissueanadministrativeorderattheconclusionofthehearingorwithinfifteen(15) daystoupholdoroverturnthecitationand shallstatethereasonsthereof.Ifthecitationisupheld andtheviolationhasnotbeenfullycorrectedasofthedateofthehearing,theHearingOfficer shallordercorrectionthereofinthedecisionandstatedeadline(s)tocompletesuchaction(s). ThedecisionoftheHearingOfficer shallbefinal.Allfines shallbecomeimmediatelydueand owingtotheCityinthefullamountandifnotpaidmaybecollectedasprovidedinthisCode. (d) TheSuperiorCourtisthesolereviewingauthorityandanappealfromaHearingOfficer's decisionisnotappealabletotheCityCouncil.Ifaresponsiblepersonprevailsonappeal,theCity 6 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ shallreimbursethatperson’sfinedepositinaccordancewiththecourtjudgment. Thesemonies shallbemailedtotheresponsiblepersonwithinthirty(30)calendardaysoftheCity'sreceiptofa noticeofjudgmentorrulingfromtheSuperiorCourtClerk. 3-30.100.-Collectionofdelinquentfines. (a) TheCitymayuseallavailablelegalmeanstocollectpastduefinesandotherrelatedcosts. (b)Anypersonwhofailstopayanyfine shallbeliableinanyactionorcollectionprocedure broughtbytheCityforallcostsincurredtoobtainpaymentofthedelinquentamount,including, butnotlimitedto,administrativecosts,collectioncosts,andattorneys'fees. (c)Collectioncostsshallbeinadditiontoanypenalties,interestandlatechargesimposedupon thedelinquentobligation. (d)Commencementofanactiontocollectadelinquentfine shallnotprecludeissuanceofoneor moreadditionalcitationstothelegallyresponsiblepersoniftheviolationorviolationspersist afterthedateforcorrectingthemasstatedintheadministrativeorder. 3-30.110.-Collectionbylien. (a)IfthefineowedbyaCiteeisforoneormoreviolationsontheCitee’sproperty,andthe citationwasissuedtoabateanuisance,andtheamounthasbeendelinquentninety(90)daysor more,thedelinquentamountshallbecomealienonthepropertyonwhichtheviolations occurred. (b) TheCity shallgivewrittennoticetotheCiteeofahearingbeforetheCityCouncilregarding thedelinquentfineamountandrelatedcosts.Thenotice shallbemailedbyfirstclassmailat leastfourteen(14)daysbeforethehearing. Thenotice shallstate: (1) Thecitationorcitationsresultinginthedelinquentfineamount; (2) Thetotalofthedelinquentfineamountandrelatedcosts; (3) Thedatethedelinquentfineamountwasdue; (4) Thestreetaddress,assessor'sparcelnumberandlegaldescriptionoftheproperty uponwhichtheviolationsoccurred; (5) Thedate,hourandplaceofthehearing; (6)Astatementthatthecitedpersonorotherlegallyresponsiblepersonmayappearand beheard; (7)Astatementthatunlessthefineamountispaidbythedatespecifiedinaresolution bytheCityCouncil,thetotalamountduewillbecomealienandspecialassessmenton theproperty. (c)Atthelienhearing,theCityCouncil shallhearandconsiderallcompetentevidenceabout thedelinquentfineamount.Ifitfindstheamountisdelinquent,itshallmakeafindingoffact confirmingthatthedelinquentfineamountandrelatedcostsareduetheCityascostsofnuisance abatement.Ifthedelinquentamountareaffirmed,thetotalamountdueistobepaidtotheCity withinfive(5)days,afterwhichtheamountduewillbecomealienontheproperty. 7 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ (d)Iftheamountdueisnotpaidwithinfive(5)daysaftertheCityCouncilconfirmsitand ordersitpaid,theamountdueshallconstitutealienupontherealpropertyuponwhichthe nuisanceviolationsexistedand shallbeaspecialassessmentagainsttheproperty. Thelien shall continueuntiltheamountdueandinterest,computedat six(6)percentperannumfromthedate oftheCityCouncil'sconfirmation,ispaidoruntilitisdischargedofrecord.Iftheamountdueis notpaidasrequiredbytheCityCouncil'sorder,anoticeoflien shallberecordedintheOfficeof theCountyRecorderanddeliveredtotheCountyTaxCollector. Thenoticeoflien shallbein substantiallythefollowingform: NOTICEOFLIENCLAIMOF THECITYOFSARATOGA BytheauthorityofChapter3theSaratogaCityCode,anadministrativecitationor citationswereissuedregardingnuisanceabatementattherealpropertydescribedbelow. Fineswereassessedforthenuisance.ByactionoftheCityofSaratogaCityCouncil, recordedinitsofficialminutes,thefinesandrelatedcostswereconfirmedasdelinquent andassessedagainstthepropertyascostsofnuisanceabatement. Thedelinquentamountwasnotpaid,thereforetheCityofSaratogaclaimsalienonthe realpropertyforthecostsofabatementintheamountof$____________/ ____________/____________,which shallbealienontherealpropertyuntilitispaid, withinterestattherateof6%perannumfromthe____________dayof____________, 2____________[insertthedatetheCityCouncilconfirmedthedelinquentfinesand relatedcosts]. Thelien shallcontinueuntilpaidinfullanddischargedofrecord.Itshall alsobeapersonalobligationagainst[insertnameofpropertyowner]. TherealpropertyuponwhichalienisclaimedisthatcertainparceloflandintheCityof Saratoga,CountyofSantaClara,StateofCalifornia,describedasfollows: [Insertlegaldescription.] Datedthis____________dayof____________,2____________ . CityofSaratoga By:____________ Mayor,CityofSaratoga (e)Afterthelienisconfirmedandrecorded,acertifiedcopyofit shallbefiledwiththeCounty Auditor.ThedescriptionoftheparcelreportedtotheAuditorshallbetheoneusedbythe CountyAssessor'smapbookforthecurrentyear. TheCountyAuditorshallentereach assessmentontheCountytaxrollforthereportedparcelofland. Theamountoftheassessment shallbecollectedatthetimeandinthemannerofordinarymunicipaltaxes. 8 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ (f)Ifdelinquent,thelienamountissubjecttothe samepenaltiesandprocedureofforeclosure providedforordinarymunicipaltaxes.Asanalternativemethodofcollection,theCounty Tax Collector,inhis/herdiscretion,maycollecttheassessmentwithoutreferencetothegeneraltaxes, byissuingseparatebillsandreceiptsfortheassessment.lawsrelatingtothelevy,collectionand enforcementofCountytaxes shallapplytosuchspecialassessment. (g) TheCitymayreceivetheamountdueontheabatementcostsandissuereceiptsatanytime aftertheconfirmationofthestatement,beforeAugust1stofthatcurrentyear. TheCityCouncil mayorderarefundofanylienorassessmentpaidunderthissectionifitfindsthatallorpartof theassessmenthasbeenerroneouslylevied.Anassessmentorpartthereof shallnotberefunded unlessaclaimisfiledwiththeCityClerkonorbeforeMarch1staftertaxesbecomedueand payable. Theclaimshallbeverifiedbythepersonwhopaysthetax,orhis/herguardian, executor,oradministrator. 3-30.120.-Responsibilityofparent(s)and/orlegalguardians. Whenevertheresponsiblepersonisapersonundertheageofeighteen(18),the Enforcement Officershallprovidecopiesofallnotices,citations,andotherdocumentsspecifiedinthisarticle totheparent(s)and/orlegalguardian(s)oftheresponsibleperson.Anyfineleviedpursuantto thisarticlemanybeleviedjointlyandseverallyagainstthejuvenileandtheparent(s)and/orlegal guardian(s)ofthejuvenile. Theparent(s)and/orlegalguardian(s)shallhavetherighttoa hearingandjudicialreviewassetforthinthisarticle. 3-30.130.-Miscellaneousprovisions. (a)FailureofaCiteetocomplywithacorrectiveactionstatedinanyuncontestedcitation,or withregardtoacorrectionorderinanyHearingOfficerdecisionthatisdeemedconfirmed,shall constituteamisdemeanor. (b)Anypersonhavingarecordofnoncompliancewithcorrectiveactionornonpaymentof fine(s)mayberequiredtopostsecurityintheformacceptabletotheCityAttorneytoensure compliancewiththeCodeasaconditiontotheissuanceofanyentitlement,permit,approvalor license. (c) TheOfficermaydismissacitationatanytimeifadeterminationismadethatitwasissuedin error,inwhicheventanydepositofafine shallberefunded.Noticeofsuchaction shallbegiven totheCiteeinwriting. (d) TheCityManagerisauthorizedtopromulgateproceduralrulesandregulationsgoverning theciviladministrativecitationprocessconsistentwiththisArticleandapplicablelaw. P:\SARATOGA\RESOLUTI\DraftAdministrativeCitationOrdinance12-07-09.doc 9 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: PublicWorksDaveAnderson PREPAREDBY:DIRECTOR: JohnCherboneJohnCherbone PublicWorksDirector SUBJECT: ApprovalofSportUserAgreements-2010 RECOMMENDEDACTION: ApproveSportUserAgreementswithAmericanYouthSoccerOrganization,SaratogaLittle League,QuitoLittleLeague,DeAnzaYouthSoccerLeague,WestValleyLacrosseClub,West ValleyYouthSoccerLeague,andSaratogaPonyLeaguefortheuseofSaratogaCityparks,West ValleyCollege,andProspectHighSchoolfororganizedsportuse,andauthorizetheCityManager toexecutethesame. REPORTSUMMARY: CurrentlytheCityhasexecuteduseragreementswithsevenorganizedyouthsportgroups: AmericanYouthSoccerOrganization(AYSO),SaratogaLittleLeague(SLL),QuitoLittle League(QLL),DeAnzaYouthSoccerLeague(DYSL),WestValleyYouthSoccerLeague (WVYSL),WestValleyLacrosseClub(WVLC),andSaratogaPonyLeague(SPL). ThefollowingisasummaryoftheuseragreementstheCitymanages: SportUserUseLocation AYSOKevinMoranPark(practiceonly) CongressSpringsPark ProspectHighSchool WestValleyCollege DYSL ElQuitoPark(practiceonly) ProspectHighSchool WestValleyCollege KevinMoranPark(practiceonly) SLLCongressSpringsPark QLL ElQuitoPark(practiceonly) Page1of2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SportUserUseLocation WVLCProspectHighSchool SPLCongressSpringsPark WVYSLProspectHighSchool UseragreementsarenecessarytomanagesportuseintheCitybyschedulingactivities, controllingimpactstoCityparks,andrecoveringmaintenancecosts. ThemaintenancefeeschargedtothesportsusergroupsthatuseCityParksarebasedon additionalparkmaintenancerequiredabovethenormalmaintenancepracticesthatwouldbe employed,absenttheimpactsofaparticularsportbeingplayed.Additionalmaintenance activitiesinclude,butarenotlimitedtoadditionalmowing,watering,fertilizing,seeding, aeration,clean-up,andpreandpostfieldpreparation.Inaddition,baseballandsoccereachhave differentneedsandplacedifferentdemandsonapark’sinfrastructure,thustheyhavedifferent maintenancefees.Eachyearthesefeesgoupordownbasedontheactualmaintenancecosts duringtheuseperiod.Somefeeschargedthisyearwereadjustedtokeeppacewithincreasesin costs. ThefacilityuseagreementsbetweentheCityandCampbellUnionHighSchoolDistrict (ProspectHighSchool)andtheCityandWestValleyCollegestipulateapaymentforhourly usageoftheirfields.Thehourlyrateof$35isapassthroughviatheyouthsportsgroupswith whomtheCityhasuseragreements. FISCALIMPACTS: Approximately$104,000inannualrevenueandexpense. CONSEQUENCESOFNOTFOLLOWINGTHERECOMMENDEDACTIONS: TheUserAgreementswouldnotbeapprovedandanothermechanismfortheuseofCityparksand outsidevenuesbysportuserswouldneedtobedeveloped. ALTERNATIVEACTION(S): None. FOLLOWUPACTION(S): TheUserAgreementswillbeexecuted. ADVERTISING,NOTICINGANDPUBLICCONTACT: Postingoftheagenda. ATTACHMENTS: SportUserAgreements. Page2of2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGAAMERICAN YOUTH SOCCER , a municipal corporation (“City”), and ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement AYSO shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of August through December (“Soccer Season”). Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. Page 1 of 6 (b)Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (c)Prepare fields for games including lining of fields. (d)Ensuring the safety of all AYSO activities including, but not limited to, preventing soccer balls from exiting the park onto Highway 85 during AYSO practice or games. AYSO shall immediately notify the Public Works Director if a soccer ball exits the park onto Highway 85 during and AYSO practice or game. If it is determined that a ball is willfully kicked or thrown onto Highway 85 by any AYSO member during the Soccer Season, AYSO’s rights to use of the Park shall terminate for the remainder of the Soccer Season and, if the event occurs in the second half of the Soccer Season, for the following Soccer Season. (e)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (f)Ensuring the safety of all User Group activities. (g) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the Soccer Season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. Page 2 of 6 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. Page 3 of 6 (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Page 4 of 6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Page 5 of 6 Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: _______________________________ a municipal corporation American Youth Soccer Organization _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” Additional City Maintenance at Congress Springs Park – For AYSO Region 27 Soccer Pre-Season Tasks Fill low areas with sand 8 hours Fertilize fields 6 hours Thatch fields 16 hours Aeration of fields 12 hours Rolling and leveling of fields 32 hours Regular Season Tasks Aerate 6 hours Mow 2 times per week 40 hours De-thatch, thinning of turf 16 hours Spreading of soil penetrants, and repair of wet areas/worn areas in turf 24 hours Spot fertilizing of worn areas 12 hours Fertilization 6 hours Total Hours 178 hours @ $34.00/hr = $6,052 Administrative Costs: 10 hrs @ $59.00 = $590 Total Cost Labor: $6,642 Post Season Tasks/Materials - Top dressing of fields with sand $8,000 - Fertilizer $800 - Soil penetrants and turface $1,200 Total Post Season Tasks/Materials: $10,000.00 Total Cost Labor + Post Season Tasks/Materials: $16,642.00 - Re-soding of fields (if needed) +/- $2,000.00 (exact amount to be determined at end of season based on wear of turf) AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGASARATOGA LITTLE LEAGUE , a municipal corporation (“City”), and BASEBALL, INC. (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, a snack shack, and parking areas. B. Little League and American Youth Soccer Organization-Region 27 (“AYSO”), jointly own equipment installed within the snack shack. C. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement Little League shall have the right to use the turf fields and snack shack pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. All use of the minor league fields including the st AA field, Farm fields, and T-Ball fields must cease by July 1each season to allow for conversion to soccer. Each year, Little League shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf fields and snack shack and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Little League shall be entitled to the exclusive use of the turf fields and snack shack during the conduct of its games and practices, provided, however, that Little League shall not be entitled to exclusive use of the field designated by the Public Works Director for use by the Pony League (Pony Field) which field shall be subject to joint use by Little League and Pony League as directed by the Public Works Director. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” Page 1 of 7 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean-up of the restrooms and storage room within the snack shack building. (b)Maintenance of electronic scoreboards. (c)Clean up of Little League related litter and debris on all baseball fields, dugouts, bleacher areas, playground area, bathrooms and parking areas after each game or practice and deposit of all garbage in the trash containers and recyclables in recycle bins. (d)Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. (e)Prepare fields for games including dragging and lining of infields. (f)Ensuring the safety of all Little League activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Little League practice or games. Little League shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during a Little League practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Little League member during the Baseball Season, Little League’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (g)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Little League shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Little League shall immediately notify the City of any objections to the condition of the turf fields. (h)Ensuring the safety of all User Group activities. (i)Locking of batting cages, storage areas, and storage area in Maintenance Yard. (j)Remove temporary fencing, banners, foul poles at the end of the Baseball Season. Page 2 of 7 (k)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4.Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 6. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(c), 3(d), 3(i), 6 and 7 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. Page 3 of 7 In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California labor code section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. Page 5 of 7 12. Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 13. Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14. Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Saratoga Little League Baseball, Inc. _____________________ By:Date: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 7 of 7 ‘Exhibit A’ Additional City Maintenance Tasks at Congress Springs Park – For Saratoga Little League Pre-Season Tasks Field set up; bleachers, backstops, bases, and field layouts. 32 hours Field cut outs for AAA and Farm fields (similar set up as Major field) with addition of cinder clay and pitcher’s mounds. 40 hours Renovation of practice mounds, pitchers mounds, and batters boxes on all fields. 24 hours Scarify, top dressing, leveling of all infield cinder clay for Majors and AA fields. 16 hours Regular Season Tasks Reseeding of infields 8 hours Mowing 2 times per week 30 hours Fertilizing 2 times 12 hours Field prep and clean up (weekly) 30 hours End of Season Tasks Field Conversion and field removal. 81 hours Repair of holes and sod areas 9 hours Total Hours 282 hrs @ $34.00/hr = $9,588 Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost Labor: $9,407 Materials - Cinder clay, pitchers mound clay $3,200 - Re-soding of fields +/- $7,000 (amount to be determined at end of season based on wear of turf) Total Material Costs: $10,200 Total Cost Labor + Materials: $19,607 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGASARATOGA PONY , a municipal corporation (“City”), and , is made with reference to the following facts: A. City is owner of a public park, located on Glen Brae Drive, known as Congress Springs Park (“the Park”), in which City has constructed facilities, including multi-use fields, and parking areas. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement Saratoga Pony shall have the right to use the Pony Field pursuant to this Agreement during the months of January through June (“Baseball Season”). Post Season usage of the turf fields during the month of July for playoffs and tournaments, is allowed, but requires the authorization of the Public Works Director prior scheduling. Each year, Saratoga Pony shall inform City as to (a) the anticipated specific starting and ending dates of its use of the Pony Field and (b) the schedule for games and practices during the Baseball Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Baseball Season. During the Baseball Season Saratoga Pony shall be entitled to the joint use of the Pony Field by Saratoga Pony and Saratoga Little League as directed by the Public Works Director. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a) Clean up of Saratoga Pony related litter and debris on baseball field, dugouts, bleacher areas, playground area, bathrooms and parking lot area after each game or practice and deposit of all garbage in the trash containers and recyclables in recyclable bins. (b) Maintain batter boxes, pitcher mounds, and dugouts after all games and practices. Page 1 of 7 (c) Prepare fields for games including dragging and lining of infields. (d) Ensuring the safety of all Saratoga Pony activities including, but not limited to, preventing baseballs from exiting the park onto Highway 85 during Saratoga Pony practice or games. Saratoga Pony shall immediately notify the Public Works Director if a baseball exits the park onto Highway 85 during and Saratoga Pony practice or game. If it is determined that a ball is willfully hit or thrown onto Highway 85 by any Saratoga Pony member during the Baseball Season, Saratoga Pony’s rights to use of the Park shall terminate for the remainder of the Baseball Season and, if the event occurs in the second half of the Baseball Season, for the following Baseball Season. (e) Locking up batting cages, storage areas and storage area in Maintenance Yard. Any shared use areas that are not locked at the end of practice/game will be locked by City Staff and User Group will lose shared usage of the area for the remainder of the Baseball Season and, if the event occurs, in the second half of the Baseball Season for the following Baseball Season. (f) Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Baseball Season, at which time Saratoga Pony shall advise the City of any objections to the condition of the turf fields. During the Baseball Season Saratoga Pony shall immediately notify the City of any objections to the condition of the turf fields. (g) Ensuring the safety of all User Group activities. (h) Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (i) Remove temporary fencing, banners, foul poles at the end of the Baseball Season. (j) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4 Additional Costs. Any maintenance or end of season tasks not completed by User Group, including but not limited to violations of Section 3 of this Agreement, the City may hire a Contractor to perform the work and User Group will be invoiced by the City for associated costs. 5 Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of Page 2 of 7 the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 6 Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 7Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 8 Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of Sections 3(a), 3(b), 7 and 8 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 9 Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, Page 3 of 7 damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 10 Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, boards and commissions, employees or volunteers. Page 4 of 7 d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11 Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 12 Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in Page 5 of 7 writing one or more City employees to exercise some or all of his authority under this Agreement. 13 Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 14 Successors and assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 15 Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 6 of 7 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Saratoga Pony _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager ________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 7 of 7 Exhibit “A” Additional City Maintenance Tasks at Congress Springs Park For Saratoga Pony League Pre-Season Tasks Replacement of cinder clay infield mix 6 hours Renovation of pitchers mound and practice mounds 4 hours Scarify, roll, clean up fields, leveling 12 hours Reseeding of infield turf and topdressing 6 hours Regular Season Tasks Fertilizing and reseeding of infield turf 4 hours Mowing 2 times per week 10 hours Field prep and clean up (weekly) 12 hours Misc. maintenance tasks (week spraying, edging) 10 hours of grass, spot watering, hole repair End of Season Tasks Repair of work turf with resoding 18 hours Aeration of field 3 hours Total Hours: 85 hours @ $34/hr = $2,890 Administrative Costs 2 hrs @ 59/hr = $118 Total Staff Costs: $3,008 Materials - Cinder clay and pitchers mound clay $920.00 - Sod for infield turf 650.00 (amount to be determined at end of season) Total Material Costs: $1,570.00 Total Cost Labor + Materials: $4,578 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGA , a municipal corporation (“City”), and De Anza Youth Soccer League (“User Group”), is made with reference to the following facts: A.City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a soccer field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . User Group shall inform City as to the starting and ending dates of its season or use period (See Usage Schedule “Exhibit B”). Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the soccer field the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all User Group activities. (c)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the soccer season, at which time User Group shall advise the City of any objections to the condition of the turf fields. During the soccer season User Group shall immediately notify the City of any objections to the condition of the turf fields. Page 1 of 6 (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (e) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Page 2 of 6 Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. Page 3 of 6 c.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All Page 4 of 6 correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. Page 5 of 6 IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation De Anza Youth Soccer League _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 EXHIBIT “A” DYSL SOCCER (El Quito Park) TASK: REGULAR SEASON CITY STAFF: AIRATE (Two times/yr @ 4hrs) 16 HRS SPIKE AIRATE (10 times/yr @ 4hrs) 40 HRS ADDITIONAL MOWING(12 times/yr @ 2hrs) 24 HRS OVERSEED FID 1X DURING SEASON 1 HRS 81 HRS @ $34/hr = $2,750 POST SEASON CORE AIRATE 4 HRS FERTILIZE 1 HRS 5 HRS @ $34/hr = $170 ADMINISTRATIVE COSTS 10 HRS @ $59/hr = $590 TOTAL STAFF COSTS PER SEASON $3,510 FALL/SPRING SEASONS = $3,510 x 2 = $7,020 MATERIALS: TOP DRESS (Contract Work/Materials) $5,500 FERTILIZE (22-4-4) 20 Bags x $10.50 $210 SEED (200 Lbs) 200lbs x $1.00 $200 TOTAL MATERIALS $5,710 TOTAL PER YEAR (HOURS, CONTRACTS, MATERILAS, LABOR) = $12,730 RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGA , a municipal corporation (“City”), and Quito Little League (“User Group”), is made with reference to the following facts: A.City is owner of a public park(s), located on Paseo Presda, known as El Quito Park (“the Park”), in which City has constructed facilities including a baseball/softball field. B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement Quito Little League shall have the right to use the baseball/softball field pursuant to this Agreement during the months of January through June (“Baseball Season”).User Group shall inform City as to the starting and ending dates of its season or use period. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season or use period and shall furnish the City with a copy of the practice schedule at least seven (7) days prior to the commencement of the season or use period. User Group shall furnish City with a copy of any changes to the practice schedule that would change the date or time of Park use at least 24 hours prior to the first period of time affected by the change in schedule. User Group shall be entitled to the use of the baseball/softball field during the conduct of its scheduled practices. At all other times, the area designated for use shall be open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: (a)Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all User Group activities. Page 1 of 6 (c)Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of the baseball season, at which time User Group shall advise the City of any objections to the condition of the field. During the baseball season User Group shall immediately notify the City of any objections to the condition of the field. (d) Utilize the Westhope Church parking lot off of Saratoga Avenue as the designated parking area for all User Group activities at the park. (d)No hard balls or outfield batting practice is allowed. (e)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park (baseball/softball field), User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before by December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. Page 2 of 6 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation and Employers Liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities Page 3 of 6 performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2009. If City determines User Group is Page 4 of 6 violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. Page 5 of 6 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: ________________________ a municipal corporation Quito Little League _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGAAMERICAN YOUTH SOCCER , a municipal corporation (“City”), and ORGANIZATION, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement AYSO shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, AYSO shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season AYSO shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: Page 1 of 6 (a)Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all AYSO activities. (d)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time AYSO shall advise the City of any objections to the condition of the turf fields. During the Soccer Season AYSO shall immediately notify the City of any objections to the condition of the turf fields. (c)Ensuring the safety of all User Group activities. (e)Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d.User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: _______________________________ a municipal corporation American Youth Soccer Organization _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” Additional City Maintenance at Kevin Moran Park - AYSO TASK: HOURS: AIRATE 20 HRS OVERSEED FLD 1X DURING SEASON 5 HRS Spike 5X DURING SEASON 20 HRS POST SEASON FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $34.00/hr = TOTAL LABOR: $1,666 TOP DRESS $6,000 Administrative Costs: 4 hrs @ $59/hr $236 MATERIALS: FERTILIZE Nitrex 22-4-4 $1,200 SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,077 per year Total Cost = $10,077/2 User Groups = $5,038.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD AGREEMENT CONCERNING USE OF SARATOGA CITY PARK THIS AGREEMENTTHE CITY , dated_______________________, by and between OF SARATOGADE ANZA YOUTH SOCCER , a municipal corporation (“City”), and LEAGUE, (“User Group”), is made with reference to the following facts: A. City is owner of a public park, located on Scully Avenue, known as Kevin Moran Park (“the Park”). B. City and User Group desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park and to serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1.Times of use . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. During the term of this Agreement DYSL shall have the right to use the turf field (see Exhibit “B” for location) pursuant to this Agreement during the spring and fall soccer seasons. Per Municipal Code Section 11-05.054: (1) The park may be used for practice use only--no games may be played at the Park. (2) No use is allowed on Sundays. (3) All use shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first. (4) No more than three teams may use the park at any one time. (5) No Saturday use of the park unless approved by the Public Works Director in accordance with the Municipal Code Section 11-05.054. Each year, DYSL shall inform City as to (a) the anticipated specific starting and ending dates of its use of the turf field (b) the schedule for practices during the Soccer Season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the Soccer Season. During the Soccer Season DYSL shall be entitled to shared use of the turf fields for the conduct of its practices. At all other times, the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of City . City shall be responsible for the following: See Exhibit “A” 3. Responsibilities of User Group . User Group shall be responsible for the following: Page 1 of 6 (a)Clean up of litter and debris after each practice and deposit of all garbage in the trash containers. (b)Ensuring the safety of all DYSL activities. (d)Making arrangements with City for a preseason inspection of the turf fields at least 30 days prior to the beginning of the Soccer Season, at which time DYSL shall advise the City of any objections to the condition of the turf fields. During the Soccer Season DYSL shall immediately notify the City of any objections to the condition of the turf fields. (c)Ensuring the safety of all User Group activities. (e)Making arrangements with City for a preseason inspection of the field at least 30 days prior to the beginning of each soccer season, at which time User Group shall advise the City of any objections to the condition of the field. (i)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 4. Service charge . In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, User Group shall pay a service charge to City as detailed in Exhibit “A” for each season (i.e. spring or fall season) during the term of this Agreement. Such service charge shall be due and payable on or before December 31, 2010. 5. Park Use Policy. The Director of Public Works and /or his(her) City employee designee shall each have full authority to regulate the use of the park, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the park and field as determined by the Public Works Director and/or his (her) City employee designee to ensure the long term health of the park. 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Page 2 of 6 7. Penalties for field use violations. Unauthorized use of the Park by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works as follows: st 1 Penalty during season: No use of Park for up to one week. nd 2 Penalty during season: No use of Park for up to one month. rd 3 Penalty during season: No use of Park for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the Park due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use Park until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate the City for any and all damages to Park (including any facilities therein) directly or indirectly resulting from User Group’s use of the Park. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the park, and the performance of the obligations hereunder by User Group, its agents, representative or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: Page 3 of 6 1. General Liability Coverage. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects:liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d.User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of Page 4 of 6 the park. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may at its sole discretion cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Public Works Director. The Public Works Director has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Public Works Director. The Public Works Director may designate in writing one or more City employees to exercise some or all of his authority under this Agreement. 12.Notices . All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: ________________________________ Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1241 Fax: (408) 868-1281 Page 5 of 6 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. But otherwise this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. THE CITY OF SARATOGA , User Group: _______________________________ a municipal corporation De Anza Youth Soccer League _____________________ ByDate: _______ By:____________________ Date: ______ Dave Anderson [Sign Name] City Manager _________________________ [Print Name] Its: _____________________________ [Specify Office: President, etc.] Page 6 of 6 Exhibit “A” Additional City Maintenance at Kevin Moran Park - DYSL TASK: HOURS: AIRATE 20 HRS OVERSEED FLD 1X DURING SEASON 5 HRS Spike 5X DURING SEASON 20 HRS POST SEASON FERTILIZE 4 HRS TOTAL HOURS: 49 HRS @ $34.00/hr = TOTAL LABOR: $1,666 TOP DRESS $6,000 Administrative Costs: 4 hrs @ $59/hr $236 MATERIALS: FERTILIZE Nitrex 22-4-4 $1,200 SEED (400 Lbs) 1700 lbs x $.075 $975 TOTAL MAT’L: $2,175 TOTAL (HOURS, CONTRACTS, LABOR): $10,077 per year Total Cost = $10,077/2 User Groups = $5,038.50 per year DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE) SOD CUT DAMAGED SOD AREAS +/-$2,200 & PREP FOR SOD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA AMERICAN between the , a municipal corporation (“City”), and YOUTH SOCCER ORGANIZATION, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ AMERICAN YOUTH SOCCER ORGANIZATION DATED: ___________________ By: ________________________________ Page 6 of 7 APPROVED AS TO FORM: DATED: ___________________ _____________________________________ Page 7 of 7 Attachment “C” Service Charge for Use of Prospect High School Turf Fields AYSO The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA DE ANZA between the , a municipal corporation (“City”), and YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ DE ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: Page 6 of 7 DATED: ___________________ _____________________________________ Page 7 of 7 Attachment “C” Service Charge for Use of Prospect High School Turf Fields DYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA WEST VALLEY between the , a municipal corporation (“City”), and LACROSSE CLUB, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Play Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ WEST VALLEY LACROSSE CLUB By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: Page 6 of 7 DATED: ___________________ _____________________________________ Page 7 of 7 Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVLC The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD AGREEMENT CONCERNING USE OF CAMPBELL UNION HIGH SCHOOL DISTRICT PROPERTY THIS AGREEMENT (“Agreement”), dated_______________________, by and CITY OF SARATOGA WEST VALLEY between the , a municipal corporation (“City”), and YOUTH SOCCER LEAGUE, (“User Group”), is made with reference to the following facts: A. The Campbell Union High School District (“District”) is the owner of an educational facility, located on Prospect Road, known as Prospect High School (“the High School”), in which the District has constructed facilities, including two turf fields and parking areas that are the subject of this agreement. B. On July 1, 2008, City entered into an agreement with District over the joint use of the High School premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the High School’s turf fields and parking areas (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the turf fields and parking areas by private user groups, such as User Group. C. City now desires to grant User Group the right to use the High School’s turf fields and parking areas, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to turf field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the High School’s turf fields and parking areas. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the turf fields and parking areas shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the High School’s turf fields and parking areas and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the turf field and shared use of the parking areas during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “Prospect High”, “Campbell Union High School District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 7 2. Responsibilities of User Group . User Group may use the High School’s turf fields and parking area in accordance to the limits established in the attached Joint Use Agreement and High School rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the turf fields or parking areas and depositing of all garbage in District trash containers located at the play fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the turf fields. (e)Notifying City immediately of any objections to the condition of the turf fields encountered during the spring and fall Seasons. (f)Ensuring that its members follow appropriate turf maintenance practices including, but not limited, to: i. Preparing the turf fields for games and practices, including adjustment of goal locations, etc.; ii. Prohibiting all liquids on the turf fields, with the exception of drinking water; iii. Prohibiting food of any kind on the turf fields; and iv. Prohibiting sale of food or liquids of any kind on school grounds. (g)Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the turf fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the High School’s turf fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such Page 2 of 7 service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5.Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 6. Penalties for field use violations. Unauthorized use of the High School by User Group (including, but not limited to, violations of section 5 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of High School for up to one week. nd 2 Penalty during season: No use of High School for up to one month. rd 3 Penalty during season: No use of High School for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the High School due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use High School until such time as payment is made. 7. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the High School by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to High School (including any facilities therein) directly or indirectly resulting from User Group’s use of the High School play fields. Page 3 of 7 8. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. (a) Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Sectionn 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and Page 4 of 7 volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 9.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 10.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. Page 5 of 7 11.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 12.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 13.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ WEST VALLEY YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: Page 6 of 7 DATED: ___________________ _____________________________________ Page 7 of 7 Attachment “C” Service Charge for Use of Prospect High School Turf Fields WVYSL The rental service charge by the Campbell Union High School District is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 10 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) Restroom Rental: 6 months @ $160/month x (hours scheduled) = $TBD (total hours) Total Field Rental Cost = $TBD Administrative Costs: 5 hrs @ $59.00 = $295 Total Cost = $TBD AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT CITY (“Agreement”), dated , , by and between the OF SARATOGA AMERICAN YOUTH SOCCER , a municipal corporation (“City”), and ORGANIZATION, (“User Group”), is made with reference to the following facts: A. The West Valley-Mission Community College District (“District”) is the owner of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6 2. Responsibilities of User Group . User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District trash containers located at the playing fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e)Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f)Prohibiting sale of food or liquids of any kind on College grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5. Playing Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the fields as determined by the Page 2 of 6 Public Works Director and/or his (her) City employee designee to ensure the long term health of . the fields 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of College for up to one week. nd 2 Penalty during season: No use of College for up to one month. rd 3 Penalty during season: No use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use College until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the College play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. Page 3 of 6 (a)Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Page 4 of 6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c)Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the College play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 12.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or Page 5 of 6 the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: _________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ AMERICAN YOUTH SOCCER ORGANIZATION By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: DATED: ___________________ _____________________________________ Page 6 of 6 Attachment “C” Service Charge for Use of West Valley College Grass Fields AYSO The rental service charge by West Valley College is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 25 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod (Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total hours) Restroom Rental Costs: 6 months @ $160/month x (hours scheduled) = (total hours) Administrative Costs: 5 hrs @ $59.00 = $295 Total Field Rental Cost = $TBD AGREEMENT CONCERNING USE OF WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT PROPERTY THIS AGREEMENT CITY (“Agreement”), dated , , by and between the OF SARATOGA De ANZA YOUTH SOCCER , a municipal corporation (“City”), and LEAGUE, (“User Group”), is made with reference to the following facts: A. The West Valley-Mission Community College District (“District”) is the owner of an educational facility, located on Fruitvale Avenue, known as West Valley College (“the College”), in which the District has constructed facilities, including playing fields that are the subject of this agreement and shown on Exhibit “A”. B. On September 6, 2006, City entered into an agreement with District over the joint use of the College premises (“Joint Use Agreement”), which is attached hereto as Attachment “A.” The Joint Use Agreement allows City to use the College’s playing fields (shown on Exhibit A to the Joint Use Agreement) for the purpose of playing and practicing sports. In addition, the Joint Use Agreement grants City the power to authorize use of the playing fields by private user groups, such as User Group. C. City now desires to grant User Group the right to use the College’s playing fields, provided User Group agrees to comply with City’s obligations towards District under the Joint Use Agreement, as specified in this Agreement and provided further that District does not limit City’s right to field use during the times that use is authorized by this Agreement. City and User Group therefore desire to execute this Agreement, to establish their respective rights and obligations concerning the use and maintenance of the College’s playing fields. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times and Terms of Use . User Group shall have the right to use the playing fields shown on Exhibit “A” to the Joint Use Agreement, during the period specified in the Soccer Season, attached hereto as Attachment “B,” and at any other dates and times as may be mutually agreed upon, and memorialized in writing, by User Group and City. Each year, User Group shall notify City as to (a) the anticipated specific starting and ending dates of its use of the College’s playing fields and (b) the anticipated schedule of games and practices during the spring and fall Seasons. Such notice shall be furnished to City at least sixty (60) days prior to the commencement of each Season. During each Season, User Group shall be entitled to the exclusive use of the playing fields during the conduct of its games and practices, so long as the right to such use by the City is not terminated or otherwise limited by District pursuant to the Joint Use Agreement. Use of the parking areas shall be subject to regular parking regulations. User Group shall not use the terms “West Valley College”, “West Valley-Mission Community College District”, or similar terms in its name or the name of any team or club affiliated with User Group. Page 1 of 6 2. Responsibilities of User Group . User Group may use the College’s playing fields in accordance to the limits established in the attached Joint Use Agreement and College rules and regulations, including, but not limited to, being responsible for: (a)Cleaning up of litter and debris after each use of the playing fields or parking areas and depositing of all garbage in District trash containers located at the playing fields; (b)Ensuring the safety of all User Group activities; (c)Ensuring that no leaflets, posters, or signs of any kind are posted or otherwise placed in any way on any area in use pursuant to this Agreement; (d)Participating with City in a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons, at which time User Group shall advise City of any objections to the condition of the playing fields (e)Notifying City immediately of any objections to the condition of the turf field encountered during the spring and fall Seasons. (f)Prohibiting sale of food or liquids of any kind on College grounds. (g) Supporting a volunteer effort that reduces the use of plastic water bottles by promoting the use of reusable water bottles during User Group activities. 3. Responsibilities of City. (a) Making arrangements with User Group for a pre-season inspection of the playing fields at least 30 days prior to the beginning of the spring and fall Seasons. (b) Providing portable restroom facilities (including scheduled sanitation service) for use by User Group. 4. Service charge . In consideration for the right to use the College’s playing fields and parking areas, as hereinabove described, User Group shall pay a service charge to City, as detailed in Attachment “C,” for each season during the term of this Agreement. Such service charge shall be due and payable on or before December 31 for the fall soccer season and . on or before July 1 for the spring soccer season 5. Playing Field Use Policy. The Director of Public Works and /or his (her) City employee designee shall each have full authority to regulate the use of the playing fields, including, but not limited to, regulation of field use and imposing field “rest” periods during the season or use period, which is contingent upon the condition of the fields as determined by the Page 2 of 6 Public Works Director and/or his (her) City employee designee to ensure the long term health of . the fields 6.Rainy Day Policy. User Group shall not use any field that if the Director of Public Works and/or his (her) City employee designee has determined is or is expected to be in an unplayable condition at the time scheduled for use. The Director of Public Works shall provide a designated representative of User Group with a “Weather Hotline” telephone number for recorded information regarding field conditions. If a field is closed the closure will be noted on the Weather Hotline and, as soon as reasonably practicable following the Director’s and/or his (her) City employee designee determination, a sign will be posted at the park stating “Field Closed Today”. Any closed field may be used immediately following a determination by the Director of Public Works and/or his (her) City employee designee that the field is in a playable condition; this determination will be noted on the Weather Hotline and, and as soon as reasonably practicable following the Director’s determination, any field closure sign at the park will be removed. This policy shall be publicized by User Group on all game and practice schedules distributed to players and coaches and made available to all users. 7. Penalties for field use violations. Unauthorized use of the College by User Group (including, but not limited to, violations of sections 5 and 6 of this Agreement) may result in a penalty as determined by the Director of Public Works or District pursuant to the Joint Use Agreement as follows: st 1 Penalty during season: No use of College for up to one week. nd 2 Penalty during season: No use of College for up to one month. rd 3 Penalty during season: No use of College for up to the remainder of the season. In addition, User Group shall compensate City for the actual costs of correcting any damage to the College due to the unauthorized use. If payment is not made within ten (10) days of User Group’s receipt of City’s request for payment, the Director of Public Works may suspend User Group’s ability to use College until such time as payment is made. 8. Indemnification of City . User Group agrees to indemnify, defend, and hold City, its officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney’s fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the College by User Group or from the performance by User Group of its obligations under this Agreement. User Group further agrees to compensate City for any and all damages to College (including any facilities therein) directly or indirectly resulting from User Group’s use of the College play fields. 9. Insurance Requirements . User Group shall procure and maintain for the duration of the Agreement “occurrence coverage” insurance against claims for the injuries to persons or damages to property which may arise from or in connection with User Group’s use and maintenance of the College play fields, and the performance of the obligations hereunder by User Group, its agents, representatives or employees. Page 3 of 6 (a)Minimum Limits of Insurance. User Group shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 2. Workers’ Compensation where required by California Labor Code Section 3700 et seq. and where worker compensation is required employers liability limits of $1,000,000 per accident. (b)Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the provisions: 1. General Liability Coverage. a. The City, its officers, officials, employees, boards and commissions, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of User Group. The coverage shall contain no special limitations on the scope of the protection afforded to City, its officers, officials, employees, boards and commissions, or volunteers. b. User Group’s insurance shall be primary insurance as respects the City, its officers, officials, employees, boards and commissions, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of User Group’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, boards and commissions, or volunteers. d. User Group’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 2. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, boards and commissions, and volunteers for losses arising from work performed by User Group for the City. 3.All Coverages. Page 4 of 6 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in its limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. (c)Acceptability of Insurers. Insurance is to be placed with insurers with a Bests’ rating of no less than A: VII. (d)Verification of Coverage. User Group shall furnish City with certificates of insurance, naming City as additional insured under their policies, to the extent that the conduct giving rise to the claim is the responsibility of User Group under the terms of this Agreement, and with original endorsements effecting coverage required by this section.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before User Group may make use of the College play fields. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (e)Notice. User Group shall promptly notify City of any claim or of any occurrence which User Group reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by User Group at the facilities described in Exhibit “A” to the Joint Use Agreement. 10.Term of Agreement . This Agreement shall become effective upon execution by the parties and shall terminate on December 31, 2010. If City determines User Group is violating any terms of this agreement or in any way engaging in activities that City determines are or may be harmful or hazardous to persons or property, City may, at its sole discretion, cancel this Agreement if after giving of written notice to User Group to correct the violation, within thirty (30) days, User Group has not made the necessary correction. In the event the Joint Use Agreement terminates, this Agreement will immediately terminate. 11.Contract Administration. This Agreement shall be administered on behalf of City by the Director of Public Works. The Director of Public Works has complete authority to receive information, interpret and define City’s policies regarding this Agreement, and communicate with User Group concerning this Agreement. All correspondence and other communications shall be directed to or through the Director of Public Works. 12.Notices . All notices or communication concerning a Party’s compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or Page 5 of 6 the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to User Group shall be sent to: Name: _____________________________ Street: _____________________________ City, State, Zip: ______________________ Telephone: _________________________ Fax: _______________________________ Notices to City shall be sent to: Name: _____________________________ Street: ______________________________ City, State, Zip: ______________________ Telephone: __________________________ Fax: _______________________________ 13.Successors and assigns . This Agreement shall inure to the benefit of and shall be binding upon the successors of the parties hereto by merger, consolidation, incorporation of an existing unincorporated association or the formation of additional branches, divisions or regions. Otherwise, this Agreement is neither transferable nor assignable. 14.Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF , the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA , a municipal corporation DATED: ___________________ By: _________________________________ De ANZA YOUTH SOCCER LEAGUE By: ________________________________ DATED: ___________________ APPROVED AS TO FORM: DATED: ___________________ _____________________________________ Page 6 of 6 Attachment “C” Service Charge for Use of West Valley College Grass Fields DYSL The rental service charge by West Valley College is per each field rented calculated by the numbers of hours scheduled @ $35 per hour. Rental and maintenance costs will be shared between user groups portioned by the number of hours scheduled by each user group over the total hours scheduled by all user groups. The number of hours scheduled by each user shall be submitted to the City at least sixty (60) days prior to the commencement of each Season. $TBD = Amount to be determined when number of hours scheduled is known. Base Cost: hours scheduled @ $35.00/hour = $TBD City Labor Costs: 25 hrs @ $34.00 x (hours scheduled) = $TBD (total hours) Materials and Contract Labor: Top Dressing: $6,000 Crabgrass Spray: 4,000 Broadleaf Spray: 1,600 Fertilizer: 2,500 De-Thatching Bin: 500 Sod (Goal Area): 2,400 Total Yearly Maintenance Cost = $17,000 City Cost = $17,000 x 17% = $2,890 Per Season Cost = $2,890/2 = $1,445 User Cost = $1,445 x (hours scheduled) = $TBD (total hours) Restroom Rental Costs: 6 months @ $160/month x (hours scheduled) = (total hours) Administrative Costs: 5 hrs @ $59.00 = $295 Total Field Rental Cost = $TBD SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 ORIGINATINGDEPT:CITYMANAGER CityManager’sOffice:DaveAnderson PREPAREDBY:DEPTHEAD: AnnSullivan,CityClerkDaveAnderson SUBJECT:ProposedAmendmenttoValleyTransportationAuthority(VTA)Joint PowersAgreement RECOMMENDEDACTION: ApproveproposedamendmenttoVTAJointPowersAgreement. REPORTSUMMARY: AttheNovember5,2009VTABoardofDirectorsmeeting,theBoardvotedtoreconfigurethe smallcitygroupingstoincludeanewcitygroupcomprisedofSunnyvale,SantaClaraand Milpitas.InordertomakethischangetoVTA'sgovernancestructure,anamendmentmustbe madetotheJointPowersAgreementfortheAdministrationoftheSantaClaraCounty CongestionManagementProgramdatedDecember1,1994(JPA).VTAhasrequestedthatthe CouncilconsiderthechangestotheVTAJPA AttachedforyourinformationistheBoardMemodescribingthebackgroundofthischange,a copyoftheBoardResolution,andtheproposedamendmenttotheVTAJointPowers Agreement. FISCALIMPACTS: N/A CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: N/A ALTERNATIVEACTION: N/A FOLLOWUPACTION: None ADVERTISING,NOTICINGANDPUBLICCONTACT: ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Postingoftheagenda. ATTACHMENTS: AttachmentA–Valley TransportationAuthorityLetterdatedDecember15,2009includingVTA BoardMemo,BoardResolutionandproposedAmendment ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ SARATOGACITYCOUNCIL MEETINGDATE:AGENDAITEM: January20,2010 DEPARTMENT:CITYMANAGER: CityManager’sOfficeDaveAnderson PREPAREDBY:DIRECTOR: AnnSullivan,CityClerkDaveAnderson SUBJECT:ResolutionDeclaringaPublicNuisanceastoSpecifiedPropertiesContaining HazardousVegetation(Weeds) RECOMMENDEDACTION: Conductpublichearingandadoptresolution. REPORTSUMMARY: TheattachedresolutionrepresentsthesecondstepinSaratoga’sHazardousVegetation AbatementProgramadministeredbytheOfficeoftheCountyAgriculturalCommissioner.The Commissionerhassentownersoftheparcelsrequiringweedabatementanoticeinformingthem thattheweedsmustbeabated,eitherbytheownersorifnotdonebytheownersinatimely manner,thenbytheCounty.Thenoticesalsoinformedthemthattheymaypresentobjectionsat theJanuary20,2010publichearingscheduledbeforetheCityCouncil. ArepresentativefromtheOfficeoftheCountyAgriculturalCommissionerwillbeattendingthe meetingtoansweranyquestionsCouncilmembersmayhaveonthisproposedresolutionastothe specificpropertiesinvolved. FISCALIMPACTS: NonetotheCity.Countyrecoversitscostsfromadministrativeportionoffeechargedto propertyowner. CONSEQUENCESOFNOTFOLLOWINGRECOMMENDEDACTION: AbatementprocessbytheCountywillnotproceed.Itwouldbenecessarytodependuponthe propertyownerstotakecareoftheirownabatement. ALTERNATIVEACTION: None FOLLOWUPACTION: ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ UponadoptionoftheproposedresolutionandpursuanttoCityCodeSection7-15.060,the Countywillsendoneadditionalnoticetotheownersofthepropertiestoabatethehazardous vegetationnuisanceontheirpropertyordemonstrateatapublichearingbeforetheCityCouncil onMarch17,2010whytheCityCouncilshouldnotordertheCountytoabatesuchhazardous vegetationnuisancethereafter,atthepropertyowner’sexpense. ADVERTISING,NOTICINGANDPUBLICCONTACT: Mailedwrittennoticetoownersofspecifiedpropertycontaininghazardousvegetation(weeds) requiringabatement,andpostingoftheagenda. ATTACHMENTS: AttachmentA–Resolution AttachmentB– ExhibitA–CommencementReport ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ RESOLUTION NO. 10 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION WHEREAS , the Saratoga City Council has declared hazardous vegetation to be a public nuisance by Resolution No. 09-068 adopted December 16, 2009; and WHEREAS , the Office of the County Agricultural Commissioner subsequently gave notice to all property owners of specific properties he had identified as containing hazardous vegetation (weeds) described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the Office of the City Clerk, and of the County Agricultural Commissioner; and WHEREAS, said notice informed the owners of the properties specified in Exhibit A attached hereto that the City Council would hold a public hearing on January 20, 2010 to consider any protests or objections to the declaration of a nuisance on pre-specified properties so as to require theowners of these properties to remove the hazardous vegetation or be subject to a subsequent order for abatement authorizing the County Agricultural Commissioner to perform the abatement; WHEREAS , a public hearing on said notice was held on January 20, 2010; and WHEREAS , final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOWTHEREFOREBE IT RESOLVED, ,that the hazardous vegetation (weeds) on the specified properties listed on Exhibit A attached hereto is declared to be a nuisance and the County Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Saratoga City Code Section 7-15.060, and as the person to thereafter cause abatement of the seasonal and recurring hazardous vegetation (weed) nuisance as determined in general by resolution dated December 16, 2009, and as to specified properties as determined by this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED , that the notice specified in the preceding paragraph shall require that owners of the properties identified in Exhibit A to abate the hazardous vegetative nuisance or demonstrate at a public hearing before the City Council on March 17, 2010 why the City Council should not order the County to abate such hazardous vegetation nuisance thereafter at the property owner’s expense. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a th regular meeting held on the 20day of January2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen M. King, Mayor ATTEST: Ann Sullivan City Clerk SARATOGACITYCOUNCIL January20,2010 MEETINGDATE:AGENDAITEM: Recreation&FacilitiesDaveAnderson DEPARTMENT:CITYMANAGER: MichaelTaylor,Recreation&FacilitiesDirector PREPAREDBY: MichaelTaylor DIRECTOR: OptionsforFacilityRental Policyfor Non-ProfitFundraisers SUBJECT: RECOMMENDEDACTION: ReviewreportandprovidedirectionfortheCity’sfacilityrentalpoliciesandrentalfeesfor non-profitgroupfundraisinguse. REPORTSUMMARY: Inthewakeofseveralrequestsfromnon-profitgroupsforfacilityrentalfeewaiverswhile conductingfundraisingactivities,thisreportisdesignedtooutlineseveraloptionsfor amendingtheexistingFacilityUsePolicyandFeeSchedule.Thisreportsummarizes currentCitypolicyonthissubjectandprovidesCouncilwithalternativestothecurrent policy. DISCUSSION: TheFacilityUsePolicythatgovernstheuseofallCityownedbuildingswaslastrevisedin July2007.Non-profitorganizationsareawardeda50%discountonrentalfeesprovided theymeetthefollowingcriteria: x Theymustprovideevidenceoftheirnon-profitstatus.Acopyoftheirletterfromthe CaliforniaSecretaryofState’sofficewiththeirnon-profitIDnumberindicatedis required. x Theirmembershipmustbeatleast51%SaratogaresidentsORatleast51%ofthe personsinattendanceattheireventmustbeSaratoga residents. x Theeventmustbeopentothepublic,advertisedassuchandisforthepublicbenefit x Non-profitgroupsrequestingtheuseofCityfacilitiesforthepurposeoffundraising orwhenanadmissionfeeischargedwillpaythe regularrentalfee. Itisthelastpointthathaspromptedseveralnon-profitgroupstorequestfeewaiversto allowthemtoreceivethenon-profitdiscountfortheirfund-raisingactivities. Understandably,theCityCouncilwouldliketheprocesstobesimplifiedsothatthese groupswouldnotberequiredtocomebeforeCouncilforafeewaivereachtimethey desiredtohostafund-raisingactivityfortheircause. Whilefacility rental rateschargedbytheCityofSaratogaarecomparabletofeeschargedby otherareaagencies,staffhasidentifiedseveraloptionstoincorporateintotheexistinguse 1 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ policythatwouldallowforareasonableaccommodationofthenon-profitgroups’needsas wellastheCity’sneedtogeneratesufficientrevenuetocoveratleast65%ofthecoststo providetherentalfacilities.Theseoptionsincludedifferentrentalratesforpeakversusoff- peakusedays/hours;anewfeefornon-profitgroupswishingtohostafundraisingevent thatismorethantheregulardiscountedrateof50%butlessthatthenon-discountedrateof 100%;alloweachSaratoga-basednon-profitasetnumberoffund-raisingdateswhichcould be reservedatthe regularnon-profitdiscountedrate. Option1- PeakversusOff-Peak ThisoptionwoulddefinepeakusetimesasFridaynightandalldayandnightonSaturdays andSundays.Allotherdaysandtimeswouldbeconsideredoff-peak.Thisstrategyismost oftenusedtoencourageuseoffacilitiesthattypicallyhavetimesoflightdemand.Most citiesthathaveadifferentiationbetweenpeakandoff-peakrentalrateshaveratesthatrange 10%to100%moreforpeaktimerentalthanoff-peak.Shouldthisoptionbechosen,staff recommendsthatoffpeakrentalratesbesetat80%ofthepeakrentalrates.Thiswillkeep Saratoga’s rentalratesinlinewiththerateschargedbyothercities. Option2–Non-ProfitFundraisingRate Thisoptionwouldaddanothertiertothefeestructuretoprovideforanintermediaterate betweennon-profitusesfortheirregulargroupactivitiessuchasmeetings,andthecurrent structureforfundraisingeventssponsoredbynon-profits.Currentlyfundraisingeventsmust pay100%ofthehourlyrentalratewhileameetingheldbyanon-profitgrouppaysonly 50%ofthehourlyrate.Shouldthisoptionbechosen,staffrecommendsthatafundraising structureof75%ofthefullhourlyratebeestablishedfornon-profitgroups.Itisfurther recommendedthatonlySaratogaresidentgroups(definedashaving51%orgreater Saratogaresidentsasmembers)orgroupstheCityCouncilgrantsco-sponsorshipstatus qualifyforthis rate. Option3-AllocationofFundraisingEvents Thisoptionprovidesforeachqualifyingnon-profittoholdacertainnumberoffundraising eventsatCityfacilitiesforthediscountedrateof50%offthenormalrate.Shouldthis optionbeselected,staffrecommendsthatCityCouncilcapthenumberofeventsqualifying forthisdiscountat1or2peryearperorganization. RECOMMENDATION: Staffrecommendsstrongconsiderationofeitheroption2or3oracombinationofthetwo. WhileOption1wouldencouragerentalsduringoff-peaktimes,itisthosetimesthatare frequentlyusedbytheCityformeetingsandrecreationprograms.Thepotentialrevenue gainisminimalinlightofthelossoftheuseofCityfacilitiesforCitybusiness.Options2 and3willsavegroupsmoneywithouthamperingtheirmarketingefforts.Acombinationof Option2andOption3willgivenon-profitgroupsadiscountwhilealsolimitingthe potentialreductionofCityrevenues.Mostnon-profitgroupsconduct1or2major fundraisingeventsperyear.IfappliedtoCityfacilityuseapplicationsjudiciously,groups canmaximizethebenefittheywillreceivefromthisdiscount. Itisfurtherrecommendedthatthecriteriaforqualifyingforthisratebekeptasis:51%of thegroup’smembershipbeSaratogaresidentsandbearegisterednon-profitgroup.Staff recognizesthattheremaybesomede-factogroupsthathavenotgonethroughthenon- profitincorporationprocessandsuggeststhataprocessforgrantingthesegroupsnon-profit statusforthepurposesofqualifyingfortherentalratediscountbeestablished.Manycities 2 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ haveasystemwheregroupsapplyforco-sponsorshiptotheCityCouncilthroughanannual process.Oncegranted,theirstatusisrenewedpendingnosignificantchangestotheir missionandmembership.Asampleofsuchaprocessisincludedasanexhibittothis report. FISCAL IMPACTS: TheCitycurrentlyreceivesapproximately$20,000peryearfromrentalsinvolving fundraisingactivities.AdoptingacombinationofOptions2and3wouldresultin approximately$5,000peryearlessincomethancurrentlyrealized(equivalenttoa25% reductioninfees).Thismaybemitigatedsomewhatbyrevenuegeneratedasaresultofthe availabilityoftheSaratogaProspectCenter’sFriendshipHallthathasrecentlybecome availablefor rental. ALTERNATIVEACTIONS: x AlternateA:TheCityCouncilcouldleavethepolicyasitisandestablishagrant fundfromtheCouncilContingencytopayaportionoftherentalfeestoassistnon- profitgroupsintheirfundraisingefforts.Anannualprocessisrecommendedforthis purpose. x AlternateB:Easetherequirementsfornon-profitgroupusageand reducethe%cost recoveryfortheRecreation&FacilitiesDepartmentcommensurately. FOLLOWUPACTION: Givedirectiontostaffforpolicyandfeechanges.Publishanychangestothepolicyand feesontheCitywebsiteandmakeitavailabletothepublic. ADVERTISING,NOTICINGANDPUBLICCONTACT: CityCouncilmeetingnoticedonJanuary13,2010 . ATTACHMENTS: AttachmentA-ExistingCouncil PolicyforUseofCityFacilities AttachmentB-SurveyofNeighboringCitiesFacilityUseFees re:Non-ProfitUse AttachmentC-AnnualCo-Sponsorship ProcessOutline 3 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Attachment A CityofSaratoga FacilityUsePolicy RESERVATIONS x All Saratogafacilityreservations aremadeon a firstcome,firstservebasis.The Facility Reservationformmustbecompleted anddeliveredtotheofficeoftheCommunity Center.The completed FacilityReservationformmustbe accompaniedbythe Processing Fee and SecurityDeposit. Cityof Saratogainitiated and/orsponsored activities,programsormeetingswillbegiven priorityuseof Saratogafacilities. x Reservationsmaynotbemademorethanoneyearin advanceofdateofuse.Ifoneyear beforethedaterequestedfallson a Saturday,thereservationmaybemadeonthe preceding Friday.Ifoneyearbeforethedaterequestedfallson a Sunday,thereservation maybemadeonthefollowingMonday. x Rentalgroupsmustvacatethefacilityby1:00A.M.onFriday and Saturday and12:00 A.M.on Sunday. x TheCityof Saratogareservestherighttorefuserentalofthefacility. PROCESSINGFEE&SECURITYDEPOSIT x Thenon-refundable Processing Feeistobepaid atthetimethe FacilityReservationform iscompleted. x TheSecurityDepositistobepaid atthetimethe FacilityReservationformiscompleted anditistobeintheformofcheckorcash. SecurityDeposits arerefundedwithinone month afterthedateoftheevent.Ifthere are additionalcharges,damagetothebuilding orcontents,overtime,ormaintenance charges,then a deductionwillbemadefromthe Deposit andthebalancerefunded.IftheDepositdoesnotcoverthe charges,the applicantwillberesponsiblefor additionalfees.Ifthe clean-upisnotcompletedthe entireDepositshallbeforfeited. x Allchecks aretobemadepayabletotheCityof Saratoga. x There arenorefundsforhourlyRental Feesthathavebeen contracted andhavenotbeen used. x Applicantsmayonlyexceedtheirreservationtimelimitiffacilityschedules andstaff availabilitypermitit. Revised07/01/2007 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Attachment A CANCELLATIONPOLICY x Iftheeventiscancelledbetween6 and12monthsin advanceonethirdoftheDeposit willbeforfeited.Between3 and6monthscancellationnoticewillresultinforfeitureof twothirdsoftheDeposit.TheCitywillretain100%oftheDepositifthecancellationis lessthan3monthsfromtheevent. x Ifnotificationofcancellationismadelessthanthirtydaysin advanceoftheevent,the entireRental Feewillbeforfeited. NON-PROFIT GROUPS Fornon-profitrentalfeeitisnecessarytomeetthefollowingcriteria: x Benon-profit andshowevidencethereof. x Atleast51%ofpersonsinmembershipor attendingthefunction areSaratogaresidents. x Eventisopentothepublic, advertised assuch andisforpublicbenefit. x Non-profitgroupsrequestinguseof Saratogafacilitiesforthepurposeoffund-raisingor when an admissionfeeischargedpayregularrentalfees. SETUP&CLEANUP x The applicantisresponsibleforthesetup andcleanupoftheevent. x Setup andcleanuptimemustbeincludedintheusetimeand appropriatefeeswillbe charged. x Cleanupresponsibilitiesinclude: *Cleaning andreturningtables and chairstoproperstorage areas. *Removing alldecorations. *Emptyingtrash andgarbagecansintotheoutdoordumpster. *Excessdebrisonfloorsmustbeswept. *Brooms andmopswillbeprovided. *Cleaningsupplies arenotprovided. § Kitchenuse and cleanupresponsibilitiesinclude: *Thegarbagedisposalistobeusedforfoodwastesonly-exceptionof coffeegrounds. *Thestove,sinks and countersaretobewiped clean. USE OFALCOHOL x Atprivateeventsheld atSaratogafacilities, alcoholicbeveragesmaybeservedonly afterthePermissionto ServeAlcoholformis completed. x Anon-profitgroupororganizationwishingtosell alcoholicbeverages,orcharging an admission pricewhichincludes alcoholicbeverageswillberequiredtoobtain, attheirownexpense, the appropriatelicensefromtheAlcoholicBeverageControlDept. x A24hourliquorlicensecanbe acquired atthe: AlcoholicBeverageControlDept. 100Paseode SanAntonio, Suite119 SanJose,CA95113(408)277-1200 Revised07/01/2007 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Attachment A Thenumberslistedbelow areroomcapacitiesdeterminedbythe FireMarshall. StandingSitting MultipurposeRoom400190 SeniorCenter275130 Dance Studio4530 PatioRoom5040 Arts&CraftRoom5040 WarnerHuttonHouse6040 NorthCampusMainRoom8050 NorthCampusMeetingRoom2012 FellowshipHall346150 x AnemployeeoftheCityof Saratogashallbepresentduring allhoursofuseofthe facility.Theemployeeondutywillberesponsibleforcontroloflights,equipment and theopening andclosingofthefacility.The FacilityAttendantwillusuallybeinthe mainoffice andwillbe availableto answer anyquestionregardinguseofthebuilding. Thestaff personisnot responsibleforsetuporcleanup. x Groupscomposedofminorsmustbesupervisedbyone(1) adultforeachten(10) minors at alltimeswhilethey areusingthefacility. x Theuseofnails,staples,screws,etc.onwalls,tableorotherequipmentisnotpermitted. Tape,ifusedmustbecarefullyremovedimmediatelyfollowingtheevent. x Applicantwillberesponsiblefor anydamagetofacilities andmustleavefacilitiesinthe same conditionreceived,including areasoutsideofbuilding. x TheCityof Saratogaisnotliablefor accidents,injuriesorlossofindividualpropertyin connectionwithuseof Saratogafacilities.TheCitymayrequireproofofinsurance coverage. x Usersshallobserve,obey and complywith all applicableCity,County, State and Federallaws. x Approvalforusewillnotbegrantedtopersonsunder21yearsofage. x Thelobby areasarenot availableforuseduringfunctionswithout advanced approval. Revised07/01/2007 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ Attachment A SaratogaFacilityRentalFees ProcessingFee $35.00 Thenon-refundableProcessingFeeofistobe paidatthetimetheReservation formiscompleted. SecurityDeposit $300.00 TherefundableSecurityDepositof (refundableSecurityDepositforNorth Campus $500.00) FellowshipHallisisto bepaidatthetimethe Reservationformiscompleted. RentalFees TheRentalFeesareto be paid 30 daysinadvanceofevent. COMMUNITYCENTER MultipurposeRoomw/kitchen$120/Hour Senior CenterRoomw/kitchen$110/Hour PatioRoom$55/Hour DanceStudio$50/Hour Arts& CraftRoom$50/Hour GardenPatio$225/Day* *Availableonlywhenrentingaroomw/kitchen. WARNERHUTTONHOUSE House&Garden$115/Hour NORTHCAMPUS MainRoom$100/Hour Conference/MeetingRoom$ 40/Hour AVAILABLEDISCOUNTS Saratoga Residents10% of RentalFee Non-ProfitOrganizations50% of RentalFee Onlyonediscountwillbeapplied Revised07/01/2007 ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ 003otmooRteuqnaB002otmooRteuqnaB001otmooRteuqnaB05otmooRteuqnaB AttachmentC ANNUALCO-SPONSORSHIP PROCESSOUTLINE Proposal x Establish co-sponsorshipbenefit QualifyforreducedrentalfeesforCityfacilitiesasanon-profitorganization o x Review criteriafor co-sponsorship 51%SaratogaResidentsasmembers o 501(c) 3 orequivalentstatus o ORprimarybeneficiaryoforganization’sfundraisingorvolunteereffortsgeared toserve o Saratogaresidents x Sendoutnotification toorganizationswithapplicationmaterialsinSeptember x Receiveapplications;Staffreviewofsubmittals– confirmationofveracityofinformationin October x Councilactonrequestsfor co-sponsorshipinNovember x Co-sponsoredorganizationsaregranted thesameprivilegesasincorporated 501 (c) 3 Saratoga residentorganizations ìøöÙÊ×ÛÈ×ØÅÓÈÔÌØÖöÛÙÈÍÊÃìÊÍ ÈÊÓÛÐÆ×ÊÉÓÍÎÅÅÅÌØÖÖÛÙÈÍÊÃÙÍÏ