HomeMy WebLinkAbout02-17-2016 City Council Agenda PacketSaratoga City Council Regular Meeting Agenda – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
FEBRUARY 17, 2016
5:00 P.M. JOINT MEETING
Joan Pisani Community Center, Arts & Crafts Room | 19655 Allendale Avenue, Saratoga CA 95070
5:00 p.m. Joint Meeting with Heritage Preservation Commission
6:00 p.m. Joint Meeting with Planning Commission
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF AGENDA
The agenda for this meeting was properly posted on February 11, 2016.
REPORT FROM JOINT MEETINGS
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters not on the
Agenda. The law generally prohibits the City Council from discussing or taking action on such items.
However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEMS
Appointment of Commissioner and Oath of Office
Recommended Action:
Adopt the attached resolution appointing 1 member to a partial term on the Library Commission
ending September 30, 2019; and direct the City Clerk to administer the Oath of Office.
Saratoga City Council Regular Meeting Agenda – Page 2 of 5
1. CONSENT CALENDAR
The Consent Calendar contains items of routine business. Items in this section will be acted on in one
motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on
an item on the Consent Calendar at this time, or request that the Mayor remove an item from the
Consent Calendar for discussion. Public Speakers are limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on February 3, 2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
02/02/2016: Period 8
02/09/2016: Period 8
1.3. Treasurer’s Report for the Month Ended December 31, 2015
Recommended Action:
Review and accept the Treasurer’s Report for the month ended December 31, 2015.
1.4. Approval of Sports Fields User Agreements - 2016
Recommended Action:
Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League,
Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth
Soccer League, CISL (Adult Soccer League), and Saratoga Pony League for the use of Saratoga City
parks and Prospect High School for organized sport use, and authorize the City Manager to execute
the same.
1.5. Contract with Michael Baker International – Contract Planner
Recommended Action:
Authorize the City Manager to execute an agreement with Michael Baker International (MBI) for
contract planner services in an amount not to exceed $80,000.
1.6. Final map approval for thirteen lots located at 12260 Saratoga-Sunnyvale Rd.
Owner: SummerHill Homes Saratoga Front LLC
Recommended Action:
1. Move to adopt Resolution granting final map approval of tentative map application No. SUB 14-
0002 for thirteen lots located at 12260 Saratoga-Sunnyvale Road.
2. Move to authorize the City Manager to execute the Subdivision Improvement Agreement.
1.7. Audit Services Contract Extension
Recommended Action:
Authorize the City Manager to approve Chavan & Associates audit services contract extension for the
two option years to audit the City’s FY 2015/16 and FY 2016/17 financial records.
Saratoga City Council Regular Meeting Agenda – Page 3 of 5
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a special notice
and/or a public hearing or those called by the City Council on its own volition. During Public
Hearings for appeals, Applicants/Appellants and/or their representatives have a total of ten (10)
minutes maximum for opening statements. Members of the public may comment on any item for up to
three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action
of the City Council. After public comment, the Applicant/Appellants and/or their representatives have
a total of five (5) minutes maximum for closing statements. Items requested for continuance are
subject to the City Council's approval at the Council Meeting.
2.1. An Ordinance Amending the Saratoga City Code Regarding Article 15-47 (Water Efficient
Landscaping)
Recommended Action:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the ordinance.
3. Direct staff to place the ordinance on the agenda of the March 16, 2016 Regular City Council
Meeting for adoption.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. FY 2015/16 Mid-Year Budget Status Report and Budget Adjustment Resolution
Recommended Action:
Review the FY 2015/16 budget status report and proposed budget adjustments, and adopt the attached
resolution approving the City’s FY 2015/16 mid-year budget amendments.
4.2. Scope of the Traffic Safety Commission
Recommended Action:
Provide direction to staff.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County
Council Finance Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Mayors and Managers
West Valley Sanitation District
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Saratoga City Council Regular Meeting Agenda – Page 4 of 5
Cities Association of Santa Clara County-Selection Committee
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
VTA Board West Valley Cities Alternate
Council Member Rishi Kumar
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for review on February 11, 2016 at the City of Saratoga,
13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us.
Signed this 11th day of February 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the City Council by City staff in connection with this agenda are available at the office of the City Clerk
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 Clerk at the time they are distributed to the City Council. These materials are also
posted on the City website.
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]
Saratoga City Council Regular Meeting Agenda – Page 5 of 5
02/17 Regular Meeting – 5:00 p.m. Joint Meeting with Heritage Preservation Commission, 6:00 p.m.
meeting with Planning Commission – Arts and Crafts Room, Joan Pisani Community Center
02/27 3:00 p.m. -5:00 p.m. State of the City Address – Saratoga Civic Theater
03/02 Regular Meeting – Joint Meeting with Traffic Safety Commission
03/16 Regular Meeting – Joint Meeting with Parks & Rec Commission and PEBTAC
04/06 Regular Meeting – Joint Meeting with Library Commission, Librarians, and Friends of Library
04/11 Budget Study Session
04/20 Regular Meeting – Joint Meeting with Saratoga Ministerial Association
05/04 Regular Meeting – Joint Meeting with Mt. Winery and Montalvo Arts
05/18 Regular Meeting – Joint Meeting with Sheriff Office
06/01 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s in Senior Center, Saunders Room
06/15 Regular Meeting – Joint Meeting with County Fire and Santa Clara County FireSafe Council
07/06 Regular Meeting –Joint meeting Hakone Foundation Board
07/20 Meeting Cancelled
08/03 Meeting Cancelled
08/17 Regular Meeting – Joint Meeting with Chamber of Commerce and Destination Saratoga
09/07 Regular Meeting – Joint Meeting with SASCC
09/21 Regular Meeting – Joint Meeting with Youth Commission
10/05 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center,
Saunders Room
10/19 Regular Meeting – Joint Meeting with Historical Foundation
11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board of
Trustees
11/16 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/07 Regular Meeting – Joint Meeting with Representative Low
12/20 Reorganization
12/21 Regular Meeting – Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL JOINT MEETING CALENDAR 2016
City of Saratoga
CITY COUNCIL JOINT MEETING
Discussion Topics
Joint Meeting with Heritage Preservation Commission
February 17, 2016 | 5:00 p.m.
Joan Pisani Community Center | Arts & Crafts Room
5:00 p.m. Welcome
5:15 p.m. Heritage Preservation Commission Work Plan
5:45 p.m. Other Remarks & Wrap Up
Dinner will provided during at 5:00 p.m. during the City Council’s Joint
Meeting with the Planning Commission.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint meeting attendees are invited to attend the Regular Session
and share an overview of the joint meeting.
6
Heritage Preservation Commission Work Plan – FY 16/17 Page 1 of 1
CITY OF SARATOGA
Memorandum
To: Mayor Cappello & Members of the Saratoga City Council
From: Michael Fossati, Planner
Date: February 17, 2016
Subject: Heritage Preservation Commission Work Plan – FY 16/17
On February 9, 2016, the Heritage Preservation Commission (HPC) held their regularly scheduled
meeting. During the meeting, the HPC discussed the 2016/2017 work plan. The HPC is requesting
to maintain the allocated budget of $10,000 to remain for the 2016/2017 fiscal year. Below are line
items the HPC would like to continue to work on.
x Continuing Education – The City of Saratoga is a Certified Local Government (CLG)
recognized by the State of California Office of Preservation (OHP). The CLG requires that all
commissioners receive annual training in Historic Preservation. Furthermore, HPC
commissioners need training to properly review and comment on projects that required HPC
review, which includes additions and modifications to heritage resources, designated historic
landmarks, designated historic districts, and properties on designated heritage lanes.
x Awards/Plaques/Historic Markers – In an effort to properly recognize historic properties
and heritage resources in our City, the HPC would like to continue providing plaques and
awards to certain properties. The City currently has two Historic Markers within City Limits,
but neither one are recognized as Heritage Resources. We’d like to find a way to
acknowledge Historic Markers as Heritage Resources. A zoning amendment may be
required.
x Increase the Heritage Resource Inventory – Continue our duty as HPC commissioners to
recommend and add residences, commercial structures, districts, and lanes onto the
Heritage Resource Inventory.
7
CURRENT MEMBERSHIP
Name Term End Elig. for Reappointment Other
Paul Conrado 12/31/16 Yes Architectural/Building Professional
Alexandra Nugent 12/31/16 Yes Historical Foundation Representative
Larry Schuck 12/31/17 Yes Architectural/Building Professional
Annette Stransky 12/31/17 Yes
Paula Cappello 12/31/18 No
Rina Shah 12/31/18 Yes Architectural/Building Professional
Marilyn Marchetti 12/31/19 No
CITY CODE 13-10.050 – POWERS AND DUTIES
The Heritage Commission shall be advisory only to the City Council, the Planning Commission and
the agencies and departments of the City, and shall establish liaison and work in conjunction with
such authorities to implement the purposes of this Chapter. The Heritage Commission shall have the
following powers and duties:
(a) Conduct, or cause to be conducted, a comprehensive survey of properties within the
boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To
qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or
more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory shall be
publicized and periodically updated, and a copy thereof shall be kept on file in the Planning
Department.
(b) Recommend to the City Council specific proposals for designation as a historic landmark,
heritage lane or historic district.
(c) Recommend to the appropriate City agencies or departments projects and action programs
for the recognition, conservation, enhancement and use of the City's heritage resources,
including standards to be followed with respect to any applications for permits to construct,
change, alter, remodel, remove or otherwise affect such resources.
(d) Review and comment upon existing or proposed ordinances, plans or policies of the City as
they relate to heritage resources.
(e) Review and comment upon all applications for building, demolition, grading or tree removal
permits involving work to be performed upon or within a designated historic landmark,
heritage lane or historic district, and all applications for tentative map approval, rezoning,
building site approval, use permit, variance approval, design review or other approval
pertaining to or significantly affecting any heritage resource. The Commission’s comments
shall be forwarded to the City agency or department processing the application within thirty
days after receiving the request for such comments.
(f) Investigate and report to the City Council on the availability of federal, state, county, local or
private funding sources or programs for the rehabilitation and preservation of heritage
resources.
(g) Cooperate with county, state and federal governments and with private organizations in the
pursuit of the objectives of heritage conservation.
(h) Upon the request of a property owner or occupant and at the discretion of the Heritage
Commission, render advice and guidance on the conservation, rehabilitation, alteration,
decoration, landscaping or maintenance of any heritage resource; such voluntary advice and
guidance shall not impose any regulation or control over any property. 8
(i) Participate in, promote and conduct public information and educational programs pertaining
to heritage resources.
(j) Perform such other functions as may be delegated to it by resolution or motion of the City
Council.
9
City of Saratoga
CITY COUNCIL JOINT MEETING
Discussion Topics
Joint Meeting with the Planning Commission
February 17, 2016 | 6:00 p.m.
Joan Pisani Community Center | Arts & Crafts Room
6:00 p.m. Welcome
6:15 p.m. Planning Commission Work Plan
6:45 p.m. Other Remarks & Wrap Up
Dinner will provided during at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint meeting attendees are invited to attend the Regular Session
and share an overview of the joint meeting.
10
PlanningCommissionFY2016Ͳ2017WorkPlan
Page1of3
CITYOFSARATOGA
Memorandum
To:MayorCappello&MembersoftheSaratogaCityCouncil
From:ErwinOrdoñez,CommunityDevelopmentDirector
Date:February17,2016
Subject:PlanningCommissionFY2016Ͳ2017WorkPlan
Thedraft2016CommunityDevelopmentDepartmentWorkPlanisproposedasthefollowingthree
items:
1.CreatingEducationalOutreach/WebsiteMaterials
2.ReviewCity’sAccessoryStructuresRegulations
3.ReviewCity’sImperviousCoverageregulations
ThedescriptionofthePlanningCommissionworkplantimesarediscussedbelowandcopyofthe
fullPlanningCommissionRetreatWorkPlanSummaryisattachedtothismemorandum.
CreatingEducationalOutreach/WebsiteMaterials
ThePlanningCommissionidentifiedthegenerationofoutreacheducationalmaterialsforthe
websitetobetterinformthepublicandapplicantsofthePlanningCommissionpublichearingand
theCity’sdevelopmentreviewprocessastheirnumberonepriorityworkplanitemforthe
upcomingyear.Asenvisioned,individualCommissionerswouldassiststafftopreparethese
materialsandthenpostthemonthewebsiteafterapprovalbytheCommission.
TheCommissionhassuggestedcreatingCityWebsitematerialssuch:
x CommissionervideossimilartotheverypopularCityCouncilwebvideos
x Processflowchartsforapplications
x InformationonhowtonavigatetheCitywebsitetofindinformationonpublichearings
x Verybriefoverviewofthenotificationprocess
x Howtoreadthepublichearingandothernotices
x Whotocontactwithquestions
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PlanningCommissionFY2016Ͳ2017WorkPlan
Page2of3
x Ageneraloverviewofwhattoexpectatthemeetings(i.e.meetingformat,process,amount
oftimetospeak,whatitmeansto"continue"etc.)
x Anoverviewofrequired"Findings"andtheirrelevance
ReviewCity’sAccessoryStructuresregulations
ThePlanningCommissionhassuggestedthatareviewoftheCity’sregulationsregardingAccessory
Structuresregulationsisneededduetorecentprojectreviewswithaccessorybuildingsandafew
codeenforcementcaseswheretheaccessorystructuresregulations(e.g.definition,setbacksand
heightlimits,numberofstructuresallowedontheproperty,andlevelsofreview)werehighlighted.
TheCommissionwouldalsoliketoreviewthepossibilityofpossibleexemptionsforsmallnonͲ
regulatedaccessorystructures(doghouses,chickencoops,playhouses,treehouses)lessthan120
squarefeet,lessthan6feetinheightandmeetingcertaincriteriasuchasrequiredsetbacks).
ReviewCity’sImperviousCoverageregulations
ThePlanningCommissionhassuggestedthatareviewoftheCity’sregulationsregardingimpervious
coverageregulationsisneededduetodifferingrequirementsfordifferentsizesandtypesof
projects.Forexample,asnotedinthetablebelowsmallerlotsareallowedgreatersitecoverage
thanlargerlots.
RͲ1Zoning/MinimumLotSize PercentageofSiteCoverage
RͲ1Ͳ10,00060
RͲ1Ͳ12,50055
RͲ1Ͳ15,00050
RͲ1Ͳ20,00045
RͲ1Ͳ40,00035
Additionally,nonͲconformingprojectsthatcurrentlyexceedlotcoveragethresholdsarerequiredto
conformtocurrentstandardsifremodeled.TheCommissionwantedtoreviewthisinlightofthe
City’srecentamendmentstothestandardsforrebuildingorremodelingnonͲconformingstructures
andtoprovidebetterdefinitionsforwhatisconsideredimperviouscoverage.
ADDITIONALITEMS
UpdateofSaratogaVillageSpecificPlan
Inadditiontothethreerecommendedworkplanitems,theCommissionalsoanticipatedthe
potentialreferraloftheUpdateoftheSaratogaVillageSpecificPlanbyCityCouncilafteritsreview
oftheresultsofthetwosurveyreportsinMay2016.
Recommendationforfuturestudy
TheCommissionalsorecommendedthattheCityCouncilconsiderthefollowingitemsforinclusion
infutureworkplans:
x ReviewforpossiblerevisionofCityPoliciesandregulationsrelatedtoNighttime
Illumination/Lighting:TheCity’s“DarkSky”atnightisbeingdegradedincrementally.Review
12
PlanningCommissionFY2016Ͳ2017WorkPlan
Page3of3
City’sexistingpoliciesandregulationsregardingilluminationandlighting(e.g.GeneralPlan,
HillsideSpecificPlan,ZoningRegulations,DesignGuidelines).
x Authorizereviewofhillsidegradingregulations:ReviewCity’sexistingpoliciesand
regulationsregardinggradingonhillsidelotsinallresidentialzoningdistricts.
OnͲgoingannualPlanningCommissionItems
TheCommissionalsowantedtodocumentitemsthatwerepartoftheironͲgoingannualroutine
workplanitems:
x InͲhousetrainingbystaffandspecializedspeakersonvarioustopics(e.g.meetingprotocols,
BrownAct,findings,buildingheights,MeasureA&G,HillsideSpecificPlan,Architecture
101,traffic)
x ConditionalUsePermitMatrix:InconjunctionwithCodeEnforcementProgram,create
matrixofConditionalUsePermitProjectConditionsofApprovalandmonitorannuallyasͲ
needed(Carriedoverfrom2015Ͳ2016workplan).
ItemsreferredtoAnnualCodeUpdateProcess
TheCommissionalsowantedtoreferthefollowingitemstotheCityAnnualCodeUpdateProcess
forconsideration:
x RequirementsforsubmittalofConstructionManagementPlans(e.g.trafficcontrol,
constructionparkinganddelivery,materialsandequipmentstorage,etc).
x Regulationsregardingscreeningofrooftopmechanicalequipment(e.g.airconditioning,
ducting,etc.)
ItemsreferredtoCommunityDevelopmentDirector
TheCommissionreferredthefollowingitemtostafftoresearch:
x Reviewfrontyardmechanicalandutilityplacementoptionswithoutsideagencies(e.g.Fire
Dept.Backflowpreventer,Electricutilityboxes/transformers,etc.)
13
CityofSaratogaPlanningCommission
January26,2016RetreatWorkPlanSummary
ItemsrecommendedtoCityCouncilforFY2016Ͳ2017PCWorkPlan:
1) PlanningCommissiongenerationofoutreacheducationalmaterialstobetterinform
thepublicandapplicantsofthepublichearingprocess:CreatingCityWebsite
materials:Commissionervideos,processflowcharts,howtonavigatetheCitywebsite
forinformationonpublichearings;Verybriefoverviewofthenotificationprocess,how
toreadthenotice;Whotocontactwithquestions,etc.;Ageneraloverviewofwhatto
expectatthemeetings:thegeneralmeetingformat,process,amountoftimetospeak,
whatitmeansto"continue"etc;Required"Findings"andtheirrelevance.)
2) ReviewCity’sAccessoryStructuresregulations:Reviewdefinition,setbacksandheight
limits,numberofstructuresallowedontheproperty,possibleexceptionsandlevelsof
review(buildingpermit,planningapproval,ADR,PDR,orallowedwithoutpermit).
ConsiderpossibleexemptionforsmallnonͲregulatedaccessorystructures(doghouses,
chickencoops,playhouses,treehouses)lessthan120squarefeet,lessthan6feetin
heightandmeetingcertaincriteriasuchasrequiredsetbacks)
3) ReviewCity’sImperviousCoverageregulations:ReviewImperviousCoverageIssues:
Whysomelotshavehighercoverageallowances?Whyremodelshavetomeetcurrent
standardsinsteadofbeinggrandfatherediftheyareabovethecurrentstandardwithlot
coverage?Clarifywhatandwhatisnotimperviouscoveragenowthatartificialgrassis
consideredpervious.
AnticipatedCityCouncilreferraltoPlanningCommission:
x UpdateofSaratogaVillageSpecificPlan(FY2016Ͳ2017)
Itemsrecommendedforfuturestudy:
x ReviewforpossiblerevisionofCityPoliciesandregulationsrelatedtoNighttime
Illumination/Lighting:TheCity’s“DarkSky”atnightisbeingdegradedincrementally.
ReviewCity’sexistingpoliciesandregulationsregardingilluminationandlighting(e.g.
GeneralPlan,HillsideSpecificPlan,ZoningRegulations,DesignGuidelines).
x Authorizereviewofhillsidegradingregulations:ReviewCity’sexistingpoliciesand
regulationsregardinggradingonhillsidelotsinallresidentialzoningdistricts.
OnͲgoingannualPlanningCommissionItems:
x InͲhousetrainingbystaffandspecializedspeakersonvarioustopics:
(e.g.meetingprotocols,BrownAct,findings,buildingheights,MeasureA&G,Hillside
SpecificPlan,Architecture101,traffic)
14
x ConditionalUsePermitMatrix:InconjunctionwithCodeEnforcementProgram,create
matrixofConditionalUsePermitProjectConditionsofApprovalandmonitorannually
asͲneeded(Carriedoverfrom2015Ͳ2016workplan).
ItemsreferredtoAnnualCodeUpdateProcess
x RequirementsforsubmittalofConstructionManagementPlans(e.g.trafficcontrol,
constructionparkinganddelivery,materialsandequipmentstorage,etc).
x Regulationsregardingscreeningofrooftopmechanicalequipment(e.g.air
conditioning,ducting,etc.)
ItemsreferredtoCommunityDevelopmentDirector
x Reviewfrontyardmechanicalandutilityplacementoptionswithoutsideagencies
(e.g.FireDept.Backflowpreventer,Electricutilityboxes/transformers,etc.)
15
CURRENTMEMBERSHIP
NameTermEndElig.forReappointment
LeonardAlmalech3/31/16Yes
DedeSmullen3/31/17Yes
TinaWalia3/31/17Yes
Colleen"Kookie"Fitzsimmons3/31/18Yes
WendyChang3/31/18Yes
SunilAhuja3/31/19Yes
JoyceHlava3/31/19Yes
CITYCODE2Ͳ15.030POWERS&DUTIES
ThePlanningCommissionisherebydesignatedastheplanningagencyoftheCity,asdescribed
inSection65100oftheGovernmentCode,andshallexercisethefunctionsofaplanningagency
asprescribedinSection65101oftheGovernmentCode.ThePlanningCommissionshallalso
exercisethepowersandperformthedutiesconferreduponitbythisCodeandassignedtoit
fromtimetotimebytheCityCouncil.
GOVERNMENTCODE65100
Thereisineachcityandcountyaplanningagencywiththepowersnecessarytocarryoutthe
purposesofthistitle.Thelegislativebodyofeachcityandcountyshallbyordinanceassignthe
functionsoftheplanningagencytoaplanningdepartment,oneormoreplanningcommissions,
administrativebodiesorhearingofficers,thelegislativebodyitself,oranycombinationthereof,
asitdeemsappropriateandnecessary.Intheabsenceofanassignment,thelegislativebody
shallcarryoutallthefunctionsoftheplanningagency.
GOVERNMENTCODE65101
(a) Thelegislativebodymaycreateoneormoreplanningcommissionseachofwhichshall
reportdirectlytothelegislativebody.Thelegislativebodyshallspecifythemembership
ofthecommissionorcommissions.Inanyevent,eachplanningcommissionshallconsist
ofatleastfivemembers,allofwhomshallactinthepublicinterest.Ifitcreatesmore
thanoneplanningcommission,thelegislativebodyshallprescribetheissues,
responsibilities,orgeographicjurisdictionassignedtoeachcommission.Ifa
developmentprojectaffectsthejurisdictionofmorethanoneplanningcommission,the
legislativebodyshalldesignatethecommissionwhichshallheartheentiredevelopment
project.
(b) Twoormorelegislativebodiesmay:
(1)Createajointareaplanningagency,planningcommission,oradvisoryagencyforall
orprescribedportionsoftheircitiesorcountieswhichshallexercisethosepowers
andperformthosedutiesunderthistitlethatthelegislativebodiesdelegatetoit.
16
(2)Authorizetheirplanningagencies,oranycomponentsofthem,tomeetjointlyto
coordinatetheirwork,conductstudies,developplans,holdhearings,orjointly
exerciseanypowerorperformanydutycommontothem.
17
SARATOGA CITY COUNCIL
MEETING DATE: February 17, 2016
DEPARTMENT: City Manager’s Office
PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Appointment of Commissioner and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing 1 member to a partial term on the Library Commission
ending September 30, 2019; and direct the City Clerk to administer the Oath of Office.
BACKGROUND:
On January 20, 2016, the City Council conducted interviews to fill three partial terms on the
Library Commission resulting from resignations. A total of 1 application was received for the
vacancies on the Library Commission before the application deadline. Council selected Flora
Hoffman to serve on the Library Commission for a partial term ending September 30, 2019:
Name Commission Term
Flora Hoffman Library Commission Partial term ending 9/30/2019
FOLLOW UP ACTION:
Update the City’s Commission roster.
ATTACHMENTS:
Attachment A - Resolution of Appointment
Attachment B - Oath of Office
18
RESOLUTION NO. 16-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING A MEMBER TO THE SARATOGA LIBRARY COMMISSION
WHEREAS, three vacancies were created on the Library Commission resulting from the
resignation of Lauren Marty, Stephen Kispersky, and Jill Whitcomb; and
WHEREAS, the City publicized the vacancies, accepted applications until the deadline on January
12, 2016 and the City Council conducted interviews on January 20, 2016; and
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following
individual is appointed to the Library Commission to serve a partial term ending September 30, 2019:
Name Commission Term
Flora Hoffman Library Commission Partial term ending 9/30/2019
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 17th day of February 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Crystal Bothelio, City Clerk
19
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Flora Hoffman, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Flora Hoffman, Member
Library Commission
Subscribed and sworn to before me on
this 17th day of February 2016.
Crystal Bothelio
City Clerk
20
SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on February 3, 2016.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A - Minutes for the Regular City Council Meeting on February 3, 2016
21
Saratoga City Council Minutes – Page 1 of 8
MINUTES
WEDNESDAY, FEBRUARY 3, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the Saratoga City Council conducted interviews of Traffic Safety Commission
applicants in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At
6:00 p.m., the Saratoga City Council held a Joint Meeting with KSAR.
Mayor Cappello called the regular session in the Saratoga Civic Theater at 13777 Fruitvale Avenue
to order at 7:07 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Manny Cappello, Vice Mayor Emily Lo, Council Members
Mary-Lynne Bernald, Howard Miller, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk/Assistant to the City Manager
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Sandy Baily, Special Projects Manager
Brian Babcock, Administrative Analyst I
Debbie Bretschneider, Deputy City Clerk
REPORT ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
January 28, 2016.
REPORT FROM JOINT MEETING
Tom Moran, President of KSAR Board of Directors, provided an overview of the City Council
and KSAR Joint Meeting. He also provided an overview of some of the services provided by
KSAR.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Janice Gamper addressed the City Council regarding the painting on the road at the State Route
85 exit at Saratoga Avenue. She also expressed her appreciation for the West Valley College
sign.
Dillip Vyas spoke about grant funding available for clean energy projects and encouraged the
City Council to consider working with Gridscape Solutions to seek funding.
Carl Guardino, CEO of Silicon Valley Leadership Group, announced that the City of Saratoga
was the champion of the Turkey Trot Mayor’s Cup in the City’s division and provided
information about the Annual Lam Research Heart & Soles 5K on March 12, 2016 at Lake 22
Saratoga City Council Minutes – Page 2 of 8
Cunningham Park. The event provides funds to provide salad bars at local schools, including
four schools in Saratoga. Information about the event is online at http://heartandsoles5k.com/.
ANNOUNCEMENTS
Council Member Kumar announced a seminar, College Applications Demystified, on February
6, 2016 from 3:30 p.m. to 5:30 p.m. at Joan Pisani Community Center. Additionally, he shared
that the Saratoga Bollywood Night on February 5 at Blue Block Shoot starting at 7:00 p.m. He
also shared information about a seminar on biodiversity and native gardening hosted by the Santa
Clara County Master Gardeners program on February 28 at 4:00 p.m. in the Saunders Room at
the Senior Center.
Council Member Miller announced that the Spring Recreation Activity Guide is now out and
features classes and programs for all ages and interests. He also shared that the City’s newsletter,
the Saratogan, has been moved to a digital format and residents can now subscribe to get email
notifications when new issues are available.
Council Member Bernald announced that during the Sister City Group meeting on February 2,
2016, the group thanked the City for presenting a proclamation to the visiting delegation from
Muko, Japan that was in Saratoga in January. Additionally, the Saratoga Taiko Drummers will
perform at the State of the City. The Blossom Festival is coming up on March 19, 2016 at the
Heritage Orchard. The Historical Museum is also opening a new exhibit on February 12 called
“The Faces of Pioneers and Sanborn Park.”
Vice Mayor Lo shared that Hakone Gardens is offering members an additional 10% off
purchases in the gift shop during Valentine’s Day weekend and non-members will be able to
purchase a membership at a special discounted price that will entitle the new member to free
admission for 2 adults plus 2 guests and up to 5 children. The City and the Sheriff’s Office will
be holding a community forum on February 23, 2016 from 7:00 p.m. to 9:00 p.m. at the Senior
Center. The forum will be interactive with plenty of time for residents to ask questions.
Mayor Cappello announced the State of the City on February 27, 2016 from 3:00 p.m. to 5:00
p.m. The event will feature performances by Marshall Lane Elementary and the Saratoga Taiko
Drummers. It should be an entertaining and informative event. A postcard will be sent to all
households with information about the transition of the Saratogan to digital format. On the front
of the postcard is also a save the date for the State of the City. He also shared that the application
process for the Community Event Grant program is open. Applications are due March 1. The
City is also accepting applications for several City Commissions, including the Planning
Commission, Youth Commission, and Library Commission. Information is on the City website
at www.saratoga.ca.us/comvac.
CEREMONIAL ITEMS
Proclamation Declaring February 17, 2016 as Random Acts of Kindness Day
Recommended Action:
Present the proclamation to Louise Webb.
Mayor Cappello presented the proclamation to Louise Webb.
23
Saratoga City Council Minutes – Page 3 of 8
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
January 20, 2016.
MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON JANUARY 20,
2016. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
01/19/2016: Period 7
01/26/2016: Period 7
MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 01/19/2016 PERIOD 7;
AND 01/26/2016 PERIOD 7. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Acceptance of Allendale Avenue Right-of-Way Dedication
Recommended Action:
1. Move to adopt Resolution Accepting Offer to Dedicate Property for Street Purposes along
frontage of Subdivision SUB14-0003 for a portion of Allendale Avenue into the City’s
publicly maintained street system.
2. Authorize the City Manager to sign the Certificate of Acceptance.
RESOLUTION NO. 36-B 16-007
MILLER/BERNALD MOVED TO: ADOPT RESOLUTION ACCEPTING OFFER TO
DEDICATE PROPERTY FOR STREET PURPOSES ALONG FRONTAGE OF
SUBDIVISION SUB14-0003 FOR A PORTION OF ALLENDALE AVENUE INTO
THE CITY’S PUBLICLY MAINTAINED STREET SYSTEM; AND AUTHORIZE
THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
2. PUBLIC HEARING
2.1. Appeal of Design Review application for a new two-story residence at 14768 Montalvo
Road. Staff Contact: Sandy Baily (408) 868-1235
Recommended Action:
Conduct a public hearing and adopt a resolution denying the appeal.
(Note: Item title updated to be consistent with application address used in all noticing for this
hearing)
Sandy Baily, Special Projects Manager, presented the staff report.
24
Saratoga City Council Minutes – Page 4 of 8
Len Almalech, Planning Commission Chair, addressed questions from the City Council.
Richard Abdalah and Michael Vierhus provided opening remarks on behalf of the appellant.
David Wilson, the applicant, and Kirk Goodere, the applicant’s architect, provided opening
remarks.
Mayor Cappello invited public comment on the item.
No one requested to speak.
David Wilson, the applicant, provided closing remarks.
Richard Abdalah and Michael Vierhus provided closing remarks on behalf of the appellant.
BERNALD/LO MOVED TO APPROVE A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA AND DIRECT CITY STAFF TO WORK WITH THE
APPLICANT TO ADJUST THE LAYOUT OF THE BALCONY.
Council Member Miller requested an amendment to the motion. He noted that the applicant
may not be able adjust the balcony layout.
Mayor Cappello concurred and suggested that the motion request that the plans for the
balcony be adjusted, if the changes can be accommodated in the current design.
Council Member Bernald and Vice Mayor Lo accepted the suggested change.
RESOLUTION NO. 16-008
BERNALD/LO MOVED TO APPROVE A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DENYING AN APPEAL, AND APPROVING
DESIGN REVIEW NO. PDR15-0023 FOR THE DEMOLITION OF AN EXISTING
RESIDENCE AND THE CONSTRUCTION OF A NEW TWO-STORY RESIDENCE
AND SECOND DWELLING UNIT AT 14768 MONTALVO RD (APN 517-20-041)
WITH THE FOLLOWING MODIFICATION TO SECTION 6 OF THE
CONDITIONS OF APPROVAL ATTACHED TO THE RESOLUTION:
6. COMPLIANCE WITH PLANS. THE DEVELOPMENT SHALL BE
LOCATED AND CONSTRUCTED TO INCLUDE THOSE FEATURES, AND
ONLY THOSE FEATURES, AS SHOWN ON THE APPROVED PLANS
DATED NOVEMBER 23, 2015 DENOMINATED EXHIBIT “A” WITH
REVISED PLANS FOR THE REAR BALCONY DATED DECEMBER 7, 2015
OR AS MAY BE MUTUALLY AGREED UPON BY THE APPLICANT AND THE
COMMUNITY DEVELOPMENT DIRECTOR. ALL PROPOSED CHANGES
TO THE APPROVED PLANS MUST BE SUBMITTED IN WRITING WITH
PLANS SHOWING THE CHANGES, INCLUDING A CLOUDED SET OF
PLANS HIGHLIGHTING THE CHANGES. SUCH CHANGES SHALL BE
SUBJECT TO APPROVAL IN ACCORDANCE WITH CONDITION 3,
ABOVE.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
25
Saratoga City Council Minutes – Page 5 of 8
At 9:10 p.m., the City Council took a short break and returned to the meeting at 9:11 p.m.
The Mayor proceeded to item 4.1. Authorize Financial Support for the 2016 America in
Bloom Contest.
3. OLD BUSINESS
3.1. Approve actions related to the formation of, and Saratoga’s membership in, the Silicon
Valley Clean Energy Authority, an Independent Joint Powers Authority, to establish a
Community Choice Energy Program.
Recommended Action:
1. Waive second reading and adopt the attached Ordinance to authorize the implementation
of a Community Choice Energy Program and find that the project is exempt from CEQA
pursuant to CEQA Guidelines 15378(a), 15061(b)(3), and 15308.
2. Adopt Resolution to approve the Joint Powers Authority Agreement establishing and
authorizing participation in the Silicon Valley Clean Energy Authority, and find that the
project is exempt from CEQA pursuant to CEQA Guidelines 15378(b)(5) and
15061(b)(3).
3. Authorize the City Manager to remit up to $150,000, as shown in the Silicon Valley
Clean Energy Authority agreement (Exhibit E), to support the initial costs of the
Authority.
4. Adopt resolution modifying agency assignments to appoint a regular Director and
alternate Director to the Authority’s Board of Directors.
Mary Furey, Finance and Administrative Services Director, provided the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
ORDINANCE NO. 338 & RESOLUTIONS NO. 16-009, 16-010
MILLER/BERNALD MOVED TO: 1) WAIVE SECOND READING AND ADOPT THE
ATTACHED ORDINANCE TO AUTHORIZE THE IMPLEMENTATION OF A
COMMUNITY CHOICE ENERGY PROGRAM AND FIND THAT THE PROJECT
IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES 15378(A),
15061(B)(3), AND 15308; 2) ADOPT RESOLUTION TO APPROVE THE JOINT
POWERS AUTHORITY AGREEMENT ESTABLISHING AND AUTHORIZING
PARTICIPATION IN THE SILICON VALLEY CLEAN ENERGY AUTHORITY,
AND FIND THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO
CEQA GUIDELINES 15378(B)(5) AND 15061(B)(3); 3) AUTHORIZE THE CITY
MANAGER TO REMIT UP TO $150,000, AS SHOWN IN THE SILICON VALLEY
CLEAN ENERGY AUTHORITY AGREEMENT (EXHIBIT E), TO SUPPORT THE
INITIAL COSTS OF THE AUTHORITY; AND, 4) ADOPT RESOLUTION
MODIFYING AGENCY ASSIGNMENTS TO APPOINT A REGULAR DIRECTOR
AND ALTERNATE DIRECTOR TO THE AUTHORITY’S BOARD OF
DIRECTORS. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Council Member Miller requested input from the Council on resident priorities in terms of
energy rates and environmental impact. He also asked that staff create a page for the
Community Choice Energy program to provide residents with information and links on the
26
Saratoga City Council Minutes – Page 6 of 8
program. He asked that the page include a poll for residents to participate in to indicate their
priorities for energy, such as achieving the lowest rates possible or acquiring the most
sustainable energy sources. He also asked that the City work to ensure that there is
substantial outreach to the community regarding the launch of the Community Choice
Energy program.
4. NEW BUSINESS
4.1. Authorize Financial Support for the 2016 America in Bloom Contest
Recommended Action:
Receive report and provide direction to staff.
Public Works Director John Cherbone presented the staff report.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Jill Hunter
Paula Cappello
No one else requested to speak.
MILLER/KUMAR MOVED TO ALLOCATE $2,500 FROM THE CITY COUNCIL’S
DISCRETIONARY FUND FOR THE AMERICA IN BLOOM REGISTRATION FEE
AND JUDGE ACCOMMODATIONS/MEALS; ALLOCATE $6,000 FOR AMERICA
IN BLOOM SIGNAGE IN FISCAL YEAR 2016/17; AND DIRECT STAFF TO ADD
DESIGNATION OF AN OFFICIAL CITY FLOWER TO A FUTURE CITY
COUNCIL MEETING. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
The City Council proceeded to Item 3.1.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Santa Clara County Housing and Community Development (HCD) Council Committee – during
the last meeting, the Committee reviewed and finalized CDBG funding recommendations for the
County Board of Supervisors. The Saratoga Area Senior Coordinating Council (SASCC) is
expected to receive $13,000 and other organizations that serve Saratoga, including SALA and
West Valley Community Services, were recommended to receive funding.
Saratoga Area Senior Coordinating Council (SASCC) – during the last meeting, the Board
continued working on its capital campaign.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – the Lunar New Year Celebration is on
February 28, 2016 from 11:00 a.m. to 3:00 p.m. at Hakone Gardens.
Saratoga Chamber of Commerce & Destination Saratoga – the Chamber held its first mixer of
the year last week and it was well attended. The next mixer is February 18 at East Coast Alice.
On February 25, there will be a ribbon cutting for CorEvolutions. The Chamber continues to 27
Saratoga City Council Minutes – Page 7 of 8
receive an increased number of visitors due to the banner over the Chamber office that says,
“Visitor Center.” Additionally, the Chamber thanked the City for providing brochures for the
Quarry Park.
Santa Clara County Library Joint Powers Authority – during the last meeting, the Board ratified
the Santa Clara County Library District Foundation Board of Directors. Terry Creamer was
selected as the Chair. Vice Mayor Lo noted that she is part of the committee reviewing the
District’s funding formula, which will be discussed by the Board sometime this year. The annual
Library Commissioners and Friends Forum was on January 30 and close to 70 people from
various Library Commissions and Friends organizations from the County participated.
Additionally, Vice Mayor Lo participated in a storytelling event at Saratoga Library with close to
30 children.
Council Member Mary-Lynne Bernald
Saratoga Historical Foundation – the Foundation met on January 21.
Saratoga Sister City Organization – the group participated in a trip to the Asian Art Museum in
San Francisco. It was very well coordinated and docents provided excellent tours of the museum.
The group has several trips planned in the future, including trips to Portland, Seattle, and the San
Juan Islands.
Public Art Ad Hoc – the Ad Hoc had a very productive meeting at Montalvo to discuss public art
in Saratoga.
Council Member Howard Miller
Council Finance Committee – during the last meeting, the Finance Committee reviewed
materials to be discussed at the retreat. The budget is sound and property tax revenues continue
to increase. The Finance Committee also discussed proposed financial policy change that will be
presented at the Retreat.
VTA State Route 85 Corridor Policy Advisory Board – during the last meeting, the Board
adopted some goals for the Board and received data from VTA staff on some of the traffic
patterns in the County and along parts of State Route 85.
Council Member Rishi Kumar
Santa Clara Valley Water District Commission – before Commission meetings, Council Member
Kumar has been meeting with Director Nai Hsueh. During the last meeting, the Commission
received an update on the water supply and drought response. The County is still in drought
conditions and will remain in a drought even with substantial rains. Additionally, there was
discussion in groundwater production charge increases which may increase customer bills.
Information about significant district capital projects was also presented, including the
Rinconada and Anderson dam projects.
Saratoga Ministerial Association – Council Member Kumar was unable to attend the last
meeting due to a conflict with the Santa Clara Valley Water District Commission meeting. This
conflict is expected to happen 2 to 3 times per year and Council Member Kumar will coordinate
with Council Member Miller, the Ministerial Association alternate.
CITY COUNCIL ITEMS
Council Member Miller proposed a future City Council agenda item to consider adding public
safety to the Traffic Safety Commission’s scope of responsibilities.
Mayor Cappello supported the request.
Council Member Bernald requested an update on City water use.
28
Saratoga City Council Minutes – Page 8 of 8
Mayor Cappello requested that information about the proposed CVS in San Jose on Saratoga
Avenue be added to the City’s website.
Council Member Bernald supported the request.
City Manager James Lindsay said he would work with staff to have information about the project
available on the City website.
CITY MANAGER'S REPORT
City Manager James Lindsay provided an update on current municipal water use, noting that
Saratoga has exceeded its conservation target of 40% of 2013 usage levels.
ADJOURNMENT
MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 10:17 P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfull y submitted:
Crystal Bothelio, City Clerk
City of Saratoga
29
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
2/2/16 129978 130015 38 69,256.14 02/02/16 01/26/16 129977
2/9/16 130016 130071 56 167,586.52 02/10/16 02/02/16 130015
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
02/09/16 130022 County of Santa Clara General 33,984.00
02/09/16 130036 Hydrotec Irrigation
CIP Parks
Project PW 21,340.07
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Accounts Payable
General
Reason Status
Starting Check #Date
Prior Check Register
Checks
Released
Total
Checks Amount
Issued to
N/A
SVRIA Assessment
SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:Finance & Administrative Services
02/09/2016: Period 8
02/02/2016: Period 8
Ending
Check #Type of Checks
Accounts Payable
PREPARED BY:
Fund Purpose
Turf Reduction
30
31
32
33
34
35
36
37
38
39
SARATOGA CITY COUNCIL
MEETING DATE: February 17, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended December 31, 2015
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended December 31, 2015.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of December 31, 2015, the City had $308,341 in cash deposit at Comerica bank, and $15,905,974 on
deposit with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states
that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should
not be allowed to fall below $2,000,000. The total pooled cash balance as of December 31, 2015 is
$16,214,315 and exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 308,341$
Deposit with LAIF 15,905,974$
Total Unrestricted Cash 16,214,315$
Cash Summary
40
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 16,214,315$
Plus: Assets 728,037
Less: Liabilities (2,343,009)
Ending Fund Balance 14,599,343$
Adjusting Cash to Ending Fund Balance
41
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul-Nov
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
12/31/15
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,777,896 - - - - 1,777,896 -
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances: -
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - 60,000 653,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distribution 1,659,490 (2,970,076) 2,499,418 1,124,167 - 139,760 (75,095)
General Fund Total 9,806,731 (2,970,076) 2,499,418 1,124,167 - 1,977,656 6,234,250
Special Revenue
Landscape/Lighting Districts 867,643 (134,417) 57,015 13,287 - - 776,954
Capital Project
Street Projects 1,041,388 (349,734) 18,220 72,781 1,163,760 - 1,800,854
Park and Trail Projects 888,565 (429,044) - 80 328,068 64,068 723,441
Facility Projects 347,618 (103,165) 5,000 1,135 233,896 - 482,214
Administrative Projects 367,869 (47,383) 1,928 17,237 285,000 - 590,177
Tree Fund Projects 56,248 992 - - - - 57,240
Park In-Lieu Fees Projects 276,753 (149,989) - 1,219 31,000 - 156,545
CIP Grant Street Projects 8,294 (2,224) - 61,644 - - (55,574)
CIP Grant Park & Trail Projects 17,427 3,779 - - - - 21,206
Gas Tax Fund Projects 854,615 182,173 107,415 7,556 33,878 33,878 1,136,647
CIP Fund Total 3,858,778 (894,596) 132,563 161,652 2,075,602 97,946 4,912,749
Debt Service
Library Bond 906,600 (688,789) 2,579 - - - 220,390
Internal Service Fund
Liability/Risk Management 291,263 (54,250) 489 5,758 - - 231,745
Workers Compensation 314,525 (3,011) - 4,362 - - 307,152
Office Support Fund 75,075 12,482 750 2,220 - - 86,087
Information Technology Services 260,322 31,593 1,339 25,006 - - 268,247
Equipment Maintenance 115,564 51,187 - 8,701 - - 158,050
Building Maintenance 268,326 121,725 - 45,361 - - 344,690
Equipment Replacement 649,498 66,995 - 612 - - 715,881
Technology Replacement 194,101 55,086 - - - - 249,187
Building FFE Replacement - 100,000 - 6,039 - - 93,961
-
Total City 17,608,426 (4,306,071) 2,694,154 1,397,165 2,075,602 2,075,602 14,599,343
42
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Nov
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
12/31/15
Street Projects
Annual Street Resurfacing - 63,687 18,220 2,900 64,760 - 143,768
Residential Street Construction 243,612 (187,687) - - 300,000 - 355,925
Roadway Maintenance and Repairs - (123,968) - 27,364 375,000 - 223,668
EV Stations - - - - 100,000 - 100,000
Roadway Safety & Traffic Calming 27,114 (9,291) - 1,394 50,000 - 66,428
Highway 9 Safety Project - Phase IV 121,019 - - - - - 121,019
Beaumont Traffic Circle - - - - 30,000 - 30,000
Village LED Streetlights 5,007 (172) - - - - 4,835
Annual Sidewalks Project 46,702 (48,470) - - 50,000 - 48,232
Annual Storm Drain Upgrade 9,352 (43,833) - - 50,000 - 15,519
Village-Streetscape Improvements 25,059 - - - 50,000 - 75,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 - - 24,863 - - 60,417
EL Camino Grande SD Pump 150,000 - - - - - 150,000
Saratoga Hills SD Pump - - - 12,435 44,000 - 31,565
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 - - - - - 59,500
Bridge Maintenance & Repairs - - - 3,825 50,000 - 46,175
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 (349,734) 18,220 72,781 1,163,760 - 1,800,854
Parks & Trails Projects
Park/Trail Repairs 67,929 - - - - 64,068 3,861
Park Pathway Repairs - - - - 50,000 - 50,000
Sustainable Landscaping - (4,652) - - 89,068 - 84,416
Hakone Garden Matching Funds 193,991 (59,010) - - - - 134,980
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 (361,622) - 80 90,000 - 19,066
Quarry Park Row Acquisition 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga Village Creek Trail - Design 31,000 (3,760) - - 18,000 - 45,241
Saratoga Village Creek Trail - Constructio n - - - - 81,000 - 81,000
Total Parks & Trails Projects 888,565 (429,044) - 80 328,068 64,068 723,441
Facility Projects
Facility Projects 43,500 (43,500) - - - - -
Security Locks 53,007 - - - - - 53,007
City Hall Emergency Power Backup 325 (325) - - - - -
Master Switch - Electrical Board 73,498 (56,391) - 1,135 - - 15,971
ENG/CDD Window Replacement - - - - 40,000 - 40,000
Civic Theater Improvements 87,882 5,839 - - - - 93,721
Civic Theater Master Plan Improvements 64,900 (2,793) - - - - 62,108
Theater Boiler Replacement - - - - 90,000 - 90,000
Theater Rooftop Duct Work - - - - 90,000 - 90,000
Pre-School Playground Structure 10,458 (5,996) - - - - 4,462
SPCC Furniture & Fixtures - - - - 13,896 - 13,896
McWilliams House Improvements - Phase II 3,578 - - - - - 3,578
Library Building Exterior Maintenance Projects 10,470 - 5,000 - - - 15,470
Total Facility Projects 347,618 (103,165) 5,000 1,135 233,896 - 482,214
43
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul-Nov
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
12/31/15
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 (7,859) - - - - 50,035
City Website/Intranet - (1,478) - 2,144 75,000 - 71,379
Development Technology 22,928 1,023 1,928 - - - 25,879
Trak-It Software Upgrade - - - - 60,000 - 60,000
LLD Initiation Match Program 49,000 - - - - - 49,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 100,000 - - - - - 100,000
Village Façade Program 20,321 - - - - - 20,321
Village Specific Plan Update - (14,054) - 15,093 100,000 - 70,853
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 (25,015) - - 50,000 - 89,176
Total Administrative Projects 367,869 (47,383) 1,928 17,237 285,000 - 590,177
Tree Fund Projects
Citywide Tree Planting Program 33,248 867 - - - - 34,115
Tree Dedication Program 21,250 125 - - - - 21,375
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 992 - - - - 57,240
CIP Grant Street Projects
Citywide Signal Upgrade II (924) (41) - - - (965)
Village LED Streetlights - (1,328) - - - - (1,328)
Saratoga Ave Sidewalk 9,218 (855) - 4,800 - - 3,563
Village Phase II - Construction - - - 56,844 - (56,844)
Total CIP Grant Street Projects 8,294 (2,224) - 61,644 - - (55,574)
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 3,779 - - - - 8,397
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 17,427 3,779 - - - - 21,206
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 (149,989) - 1,219 - - 2,679
Saratoga Village Creek Trail - Design - - - - 31,000 - 31,000
Saratoga Village Creek - Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 - - - - - 103,865
Total park In-Lieu Fees Projects 276,753 (149,989) - 1,219 31,000 - 156,545
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 214,306 107,415 7,519 33,878 - 456,148
Prospect/Saratoga OBAG Improvement 544,825 (32,122) - 37 - - 512,666
Citywide Signal Upgrade II 99,769 (10) - - - - 99,759
Arroyo de Arguello Storm Drai n 33,878 - - - - 33,878 -
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 182,173 107,415 7,556 33,878 33,878 1,136,647
Total CIP Funds 3,858,778 (894,596) 132,563 161,652 2,075,602 97,946 4,912,749
44
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
45
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
Quarterly Apportionment Rates
Local Agency Investment Fund
46
SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:Recreation and Facilities
PREPARED BY:Michael Taylor, Director
SUBJECT: Approval of Sports Fields User Agreements - 2016
RECOMMENDED ACTION:
Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little
League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West
Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks and
Prospect High School for organized sport use, and authorize the City Manager to execute the same.
BACKGROUND:
Currently the City has executed user agreements with seven organized youth sport groups and
one adult league: American Youth Soccer Organization (AYSO), Saratoga Little League (SLL),
Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Youth Soccer
League (WVYSL), West Valley Lacrosse Club (WVLC), and Saratoga Pony League (SPL),
.
The following list identifies the fields where the groups play and practice:
Sport User Use Location
AYSO Kevin Moran Park (practice only)
Congress Springs Park
Prospect High School
DYSL El Quito Park (practice only)
Prospect High School
Kevin Moran Park (practice only)
SLL Congress Springs Park
QLL El Quito Park (practice only)
Sport User Use Location
WVLC Prospect High School 47
SPL Congress Springs Park
WVYSL Prospect High School
User agreements are necessary to manage sport use in the City by scheduling activities,
controlling impacts to City parks, and recovering maintenance costs.
The maintenance fees charged to the user groups are based on additional park maintenance
required above the normal maintenance practices that would be employed, absent the impacts of
a particular sport being played. Additional maintenance activities include, but are not limited to
additional mowing, watering, fertilizing, seeding, aeration, clean-up, and pre and post field
preparation. In addition, baseball and soccer each have different needs and place different
demands on a park’s infrastructure, thus they have different maintenance fees. Each year these
fees can go up or down based on the actual maintenance costs during the use period and/or for
cost of living adjustments. Staff met with representatives of the User Groups on January 13 th and
received no negative feedback regarding this year’s fees or reservation practices.
For the use of facilities at Prospect High School the Joint Use Agreement between the City and
the Campbell Union High School District stipulate a payment of $35 per hour plus a $34.50 per
hour custodial fee. Last year, CISL (Adult Soccer League) used Prospect High fields, but has
decided not to return this year. The User Groups do not know until later in their seasons the exact
days/dates/times of their use of the Prospect Fields. The actual usage is determined in the spring
and in the fall. The hourly rate is a pass-through via the City’s user groups who pay the fee.
Last year the management of the Sport User Agreements was transferred from Public Works to
the Recreation Department who is better equipped at organizing and scheduling group activities.
FISCAL STATEMENT:
The annual revenue is approximately $120,000. This year, a small increase in the administration fee
of 2% (from 10% to 12%) is included in the User Agreements.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The User Agreements would not be approved and another mechanism for the use of City Sports
Fields and outside venues by sport users would need to be developed.
FOLLOW UP ACTION:
The User Agreements will be executed.
ATTACHMENTS:
Attachment A – Sport User Agreements 2016
2
48
AGREEMENT CONCERNING USE OF CONGRESS SPRINGS PARK
AMERICAN YOUTH SOCCER ORGANIZATION
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and AMERICAN YOUTH SOCCER
ORGANIZATION (“User Group”) concerning, the use and maintenance of the park
named below and to serve as a Group Use Permit in accordance with Article 11-10 of the
Saratoga City Code. City and User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields in Congress Springs
Park listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit
B (hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved scheduled
practices and games; 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.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that SARATOGA LITTLE LEAGUE BASEBALL,
INC. and SARATOGA PONY are also authorized to use the Sports Field during
some or all of the period specified in Exhibit B. Any scheduling conflicts shall be
resolved by the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
5. 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
Page 1 of 11
49
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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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.
10.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
Page 2 of 11
50
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
Page 3 of 11
51
Exhibit A – Sports Field Description
Page 4 of 11
52
Exhibit B – User Group Schedule
During the term of this Agreement AYSO shall have the right to use the Soccer 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 Soccer 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 Soccer Fields and snack shack during the conduct of its
games and practices. At all other times, the snack shack shall be closed but the Soccer Fields
shall remain open for use by the general public and organized activities as authorized by City.
Page 5 of 11
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Exhibit C – User Group Responsibilities
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 field at least
30 days prior to the beginning of the first use of the Sports Field, at which time
User Group shall advise the City of any objections to the condition of the field.
During the use period User Group shall immediately notify the City of any
objections to the condition of the field.
(d) Supporting a volunteer effort that reduces the use of plastic water bottles by
promoting the use of reusable water bottles during User Group activities.
(e) If User Group is authorized to use the Snack Shack, maintenance of the
interior of the snack shack and repair of the equipment within the snack shack
owned by Saratoga 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.
(f) 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 Recreation and Facilities
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.
(g) Prepare fields for games including lining of fields.
(h) Clean up of related litter and debris on all fields, 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.
Page 6 of 11
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Exhibit D – User Group Service Charge
Pre-Season Tasks
x Fill low areas with sand 8 hours
x Fertilize fields 6 hours
x Thatch fields 16 hours
x Aeration of fields 12 hours
x Rolling and leveling of fields 32 hours
Regular Season Tasks
x Aerate 6 hours
x Mow 2 times per week 40 hours
x De-thatch, thinning of turf 16 hours
x Spreading of soil penetrants, and repair of wet areas/worn
areas in turf 24 hours
x Spot fertilizing of worn areas 12 hours
x Fertilization 6 hours
Total Hours 178 hours @
$39.50/hr =
$7,031
x Administrative Costs: .12 x $7,031 = $844
Total Cost Labor: $7,875
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
Total Cost Labor + Post Season Tasks/Materials: $17,875
- Re-sodding of fields (if needed) +/- $2,000.00 (exact amount to be determined at
end of season based on wear of
turf)
Page 7 of 11
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Exhibit E – City Responsibilities
Pre-Season Tasks
x Fill low areas with sand
x Fertilize fields
x Thatch fields
x Aeration of fields
x Rolling and leveling of fields
Regular Season Tasks
x Aerate
x Mow 2 times per week
x De-thatch, thinning of turf
x Spreading of soil penetrants, and repair of wet areas/worn
areas in turf
x Spot fertilizing of worn areas
x Fertilization
Post Season Tasks/Materials
x Top dressing of fields with sand
x Fertilizer
x Soil penetrants and turface
x Re-sodding of fields (if needed)
Page 8 of 11
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Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Park Use Policy. The Director shall have full authority to regulate the use of the Sports
Field, 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 Director to ensure the long term health of the Sports
Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s 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 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Field 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
Page 9 of 11
57
damages to Sports Fields (including any facilities therein) directly or indirectly resulting
from User Group’s use of the Sports Fields.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
Page 10 of 11
58
(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
Page 11 of 11
59
AGREEMENT CONCERNING USE OF KEVIN MORAN PARK
AMERICAN YOUTH SOCCER ORGANIZATION
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and AMERICAN YOUTH SOCCER
ORGANIZATION (“User Group”) concerning, the use and maintenance of the Sports
Fields named below and to serve as a Group Use Permit in accordance with Article 11-10
of the Saratoga City Code. City and User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields in Kevin Moran Park
listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit A
(hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved 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.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season no later than 30 days prior to the first use. User
Group shall furnish City with a copy of any proposed changes to the practice
schedule that would change the date or time of Sports Field use at least 24 hours
prior to the first period of time affected by the change in schedule.
c. User Group acknowledges that DE ANZA YOUTH SOCCER LEAGUE is also
authorized to use the Sports Field during some or all of the period specified in
Exhibit B. Any scheduling conflicts shall be resolved by the Recreation and
Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for compliance with
the restrictions set forth in Exhibit B and the tasks specified in Exhibit C and in
consideration for the additional maintenance and other services provided by City and for
the use of the Sports Field, User Group shall pay a service charge to City as detailed in
Exhibit D. The service charge shall be due and payable on or before the first use of the
Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
5. 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
Page 1 of 11
60
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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
Page 2 of 11
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APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
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Exhibit A – Sports Field Description
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Exhibit B – User Group Schedule
Kevin Moran Park will be closed to group use from mid-December to mid-
January for maintenance.
Per Municipal Code Section 11-10.012:
(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 Recreation and Facilities
Director in accordance with the Municipal Code Section 11-10.012.
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Exhibit C – User Group Responsibilities
User Group shall be responsible for the following:
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 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.
d. 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.
f. Supporting a volunteer effort that reduces the use of plastic water bottles by
promoting the use of reusable water bottles during User Group activities.
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Exhibit D – User Group Service Charge
TASK:
HOURS:
x AIRATE 20 HRS
x OVERSEED FLD 1X DURING SEASON 5 HRS
x Spike 5X DURING SEASON 20 HRS
POST SEASON
x FERTILIZE 4 HRS
TOTAL HOURS: 49 HRS @ $39.50/hr =
TOTAL LABOR: $1,936
x Administrative Costs: .12 x $1,935 $232
x TOP DRESS $6,000
MATERIALS:
x FERTILIZE Nitrex 22-4-4 $1,200
x SEED (400 Lbs) 1700 lbs x $.075 $975
TOTAL MAT’L: $2,175
TOTAL (HOURS, CONTRACTS, LABOR): $10,343 per year
Total Cost = $10,343 = ` $10,343 per year
DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE)
x SOD CUT DAMAGED SOD AREAS +/-$2,200
& PREP FOR SOD
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Exhibit E – City Responsibilities
TASK:
x AERATE
x OVERSEED FLD 1X DURING SEASON
x Spike 5X DURING SEASON
POST SEASON
x TOP DRESS
x FERTILIZE Nitrex 22-4-4
x SEED
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Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Sports Fields Use Policy. The Director shall have full authority to regulate the use of
the Sports Field, 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 Director to ensure the long term health of the
Sports Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s determination,
a sign will be posted at the Sports Fields stating “Field Closed Today”. Any closed field
may be used immediately following a determination by the Director 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Field 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
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damages to Sports Fields (including any facilities therein) directly or indirectly resulting
from User Group’s use of the Sports Fields.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
Page 10 of 11
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(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
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AGREEMENT CONCERNING USE OF PROSPECT HIGH SCHOOL
AMERICAN YOUTH SOCCER ORGANIZATION
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and AMERICAN YOUTH SOCCER
ORGANIZATION (“User Group”) concerning, the use and care of the sport fields named
below. City and User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields at Prospect High
School listed and shown on Exhibit A together with any ancillary facilities noted on
Exhibit A (hereinafter referenced as “Sports Field”) and designated parking areas at the
school. This use is subject to the terms of this agreement and the agreement between
City and the Campbell Union High School District (“District”) dated September 18,
2013.
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved scheduled
practices and games; at all other times, the area designated for use shall be open
for use by the District.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that DE ANZA YOUTH SOCCER LEAGUE, CISL
SOCCER, WEST VALLEY LACROSSE CLUB, WEST VALLEY YOUTH
SOCCER LEAGUE, and PROSPECT HIGH SCHOOL are also authorized to
use the Sports Field during some or all of the period specified in Exhibit B. Any
scheduling conflicts shall be resolved by the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
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71
5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto. No
amendment, alteration, or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
Page 2 of 11
72
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
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73
Exhibit A – Sports Field Description
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74
Exhibit B – User Group Schedule
User Group schedules are determined twice a year prior to the spring and fall sports
seasons. All authorized users listed in section 2(c) of this Agreement shall share in the
pool of hours available. The play fields at Prospect High School are available on
Saturdays and Sundays throughout the year. The rear playfield adjacent to the baseball
fields can be scheduled from 10 A.M. to 6:00 P.M. and the stadium field can be
scheduled from 8:00 A.M. to sunset.
Prospect High School scheduled events, practices, or games receive first priority when
scheduling.
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75
Exhibit C – User Group Responsibilities
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) 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. No chairs, tables, or furniture of any kind are allowed on the
artificial track;
iii. No cleats of any kind on the artificial track;
iv. Prohibiting all liquids on the turf fields, with the exception of drinking
water;
v. Prohibiting food of any kind on the turf fields including sunflower
seeds;
vi. Prohibiting sale of food or liquids of any kind on school grounds; and
vii. Supporting a volunteer effort that reduces the use of plastic water
bottles by promoting the use of reusable water bottles during User
Group activities.
(g) Other appropriate District and City Regulations including, but not limited to District
Administrative Regulations 7114 (use of facilities) and 3513.2 (parking) which have been
provided separately to User Group.
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Exhibit D – User Group Service Charge
The field use charge by the Campbell Union High School District is per each field used
calculated by the number of hours scheduled @ $35 per hour. Costs will be shared between user
groups portioned by the number of hours scheduled by each user group (“Hours Scheduled”)
divided by the total hours scheduled by all user groups (“Total Hours”).
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 (spring or fall). $TBD = Amount to be
determined when number of hours scheduled is known.
x Base Cost: Hours Scheduled @ $35.00/hour = $TBD
x City Labor Costs: 10 hrs @ $39.50 x (Hours Scheduled) = $TBD
(Total Hours)
x Administrative Costs: .12 x City Labor Costs = $TBD
x Restroom Rental: 6 months @ $160/month x (Hours Scheduled) = $TBD
(Total Hours)
Total Field Use Cost = $TBD
Total Cost = $TBD
If required by the District, custodial time necessary to monitor the facility during usage will be
charged at the rate of $34.50 per hour in addition to the field use costs.
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Exhibit E – City Responsibilities
(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.
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Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F, “Director” means the Director of
Recreation and Facilities and /or the Director’s designee.
2. Use Policy. The Director shall have full authority to regulate the use of the sports
fields.
3. Penalties for field use violations. Unauthorized use of the sports fields or deviating
from the responsibilities listed in Exhibit C by User Group may result in a penalty as
determined by the Director as follows:
1st Penalty during season: No use of facility for up to one week.
2nd Penalty during season: No use of facility for up to one month.
3rd Penalty during season: No use of facility 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 facility 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
4. 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
Sports Fields and Parking Area (Facility) 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 Facility directly or indirectly resulting
from User Group’s use of the Facility.
5. 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 Facility, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. Workers’ Compensation and Employers Liability limits of $1,000,000 per
accident.
Page 9 of 11
79
b. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the provisions:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
(1) 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.
iii. All Coverages.
(1) 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
Page 10 of 11
80
User Group may make use of the Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
6. Termination of Agreement. 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. If District terminates
the September 18, 2013 use agreement with City this Agreement shall terminate as of the
effective date of that termination.
7. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
8. 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.
9. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
Page 11 of 11
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AGREEMENT CONCERNING USE OF EL QUITO PARK
DE ANZA YOUTH SOCCER LEAGUE
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE (“User
Group”) concerning, the use and maintenance of the park named below and to serve as a
Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. City and
User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports field in El Quito Park
listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit B
(hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved 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.
Turf areas will be closed to User Groups for maintenance from mid-December to
mid-February. The baseball infield will remain open for use during the
maintenance closure period.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season no later than 30 days prior to the first use. User
Group shall furnish City with a copy of any proposed changes to the practice
schedule that would change the date or time of Sports Field use at least 24 hours
prior to the first period of time affected by the change in schedule.
c. User Group acknowledges that QUITO LITTLE LEAGUE, AND SARATOGA
RECREATION DEPARTMENT are also authorized to use the Sports Field
during some or all of the period specified in Exhibit B. Any scheduling conflicts
shall be resolved by the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
Page 1 of 11
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5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
Page 2 of 11
83
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
Page 3 of 11
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Exhibit A – Sports Fields Description
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Exhibit B – User Group Schedule
El Quito Park is closed to Group Use from mid-December to mid-February for maintenance.
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Exhibit C – User Group Responsibilities
User Group shall be responsible for the following:
(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 User Group activities.
(c) Making arrangements with City for a preseason inspection of the field at least
30 days prior to the beginning of the first use of the Sports Field, at which time
User Group shall advise the City of any objections to the condition of the field.
During the use period User Group shall immediately notify the City of any
objections to the condition of the field.
(d) Supporting a volunteer effort that reduces the use of plastic water bottles by
promoting the use of reusable water bottles during User Group activities.
(e) Utilize the Westhope Church parking lot off of Saratoga Avenue as the
designated parking area for all User Group activities at the park.
Page 6 of 11
87
Exhibit D – User Group Service Charge
TASK:
REGULAR SEASON
CITY STAFF
x AIRATE (Two times/yr @ 4hrs) 16 HRS
x SPIKE AIRATE (10 times/yr @ 4hrs) 40 HRS
x ADDITIONAL MOWING(12 times/yr @ 2hrs) 24 HRS
x OVERSEED FID 1X DURING SEASON 1 HRS
81 HRS @ $39.50/hr = $3,200
POST SEASON
x CORE AIRATE 4 HRS
x FERTILIZE 1 HRS
5 HRS @ $39.50/hr = $198
$3,398
x ADMINISTRATIVE COSTS .12 X $3,398 = $408
TOTAL STAFF COSTS PER SEASON $3,806
x FALL/SPRING SEASONS = $3,806 x 2 = $7,612
MATERIALS
x TOP DRESS (Contract Work/Materials) $5,500
x FERTILIZE (22-4-4) 20 Bags x $10.50 $210
x SEED (200 Lbs) 200lbs x $1.00 $200
TOTAL MATERIALS $5,910
TOTAL PER YEAR (HOURS, CONTRACTS, MATERALS, LABOR) = $13,522
RESODDING OF GOAL AREAS (IF NEEDED) +/- $2,000
Page 7 of 11
88
Exhibit E – City Responsibilities
REGULAR SEASON
x Aerate
x Spike Aerate
x Additional Mowing
x Overseed Fid 1x During Season
POST SEASON
x Core Aerate
x Top Dress
x Fertilize
x Seed
Page 8 of 11
89
Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Park Use Policy. The Director shall have full authority to regulate the use of the Sports
Field, 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 Director to ensure the long term health of the Sports
Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s 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 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Fields 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
Page 9 of 11
90
damages to Sports Fields (including any facilities therein) directly or indirectly resulting
from User Group’s use of the Sports FIelds.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
Page 10 of 11
91
(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
SARATOG.1-S130 557287.2
Page 11 of 11
92
AGREEMENT CONCERNING USE OF KEVIN MORAN PARK
DE ANZA YOUTH SOCCER LEAGUE
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE (“User
Group”) concerning, the use and maintenance of the park named below and to serve as a
Group Use Permit in accordance with Article 11-10 of the Saratoga City Code. City and
User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields in Kevin Moran Park
listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit A
(hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved 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.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season no later than 30 days prior to the first use. User
Group shall furnish City with a copy of any proposed changes to the practice
schedule that would change the date or time of Sports Field use at least 24 hours
prior to the first period of time affected by the change in schedule.
c. User Group acknowledges that AMERICAN YOUTH SOCCER
ORGANIZATION is also authorized to use the Sports Field during some or all
of the period specified in Exhibit B. Any scheduling conflicts shall be resolved
by the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for compliance with
the restrictions set forth in Exhibit B and the tasks specified in Exhibit C and in
consideration for the additional maintenance and other services provided by City and for
the use of the Sports Field, User Group shall pay a service charge to City as detailed in
Exhibit D. The service charge shall be due and payable on or before the first use of the
Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
5. 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
Page 1 of 11
93
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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
Page 2 of 11
94
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
Page 3 of 11
95
Exhibit A – Sports Field Description
Page 4 of 11
96
Exhibit B – User Group Schedule
Kevin Moran Park will be closed to group use from mid-December to mid-
January for maintenance.
Per Municipal Code Section 11-10.012:
(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 Recreation and Facilities
Director in accordance with the Municipal Code Section 11-10.012.
Page 5 of 11
97
Exhibit C – User Group Responsibilities
User Group shall be responsible for the following:
(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 User Group 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 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.
(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.
Page 6 of 11
98
Exhibit D – User Group Service Charge
TASK:
HOURS:
x AIRATE 20 HRS
x OVERSEED FLD 1X DURING SEASON 5 HRS
x Spike 5X DURING SEASON 20 HRS
POST SEASON
x FERTILIZE 4 HRS
TOTAL HOURS: 49 HRS @ $39.50/hr =
TOTAL LABOR: $1,936
x Administrative Costs: .12 x $1,936 $232
x TOP DRESS $6,000
MATERIALS:
x FERTILIZE Nitrex 22-4-4 $1,200
x SEED (400 Lbs) 1700 lbs x $.075 $975
TOTAL MAT’L: $2,175
TOTAL (HOURS, CONTRACTS, LABOR): $10,343 per year
Total Cost = $10,343 per year
DAMAGE OPTION (CHARGE IF EXCESSIVE TURF DAMAGE)
x SOD CUT DAMAGED SOD AREAS +/-$2,200
& PREP FOR SOD
Page 7 of 11
99
Exhibit E – City Responsibilities
TASK:
x AERATE
x OVERSEED FLD 1X DURING SEASON
x Spike 5X DURING SEASON
POST SEASON
x TOP DRESS
x FERTILIZE Nitrex 22-4-4
x SEED
Page 8 of 11
100
Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Sports Fields Use Policy. The Director shall have full authority to regulate the use of
the Sports Field, 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 Director to ensure the long term health of the
Sports Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s determination,
a sign will be posted at the Sports Fields stating “Field Closed Today”. Any closed field
may be used immediately following a determination by the Director 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 Sports Fields 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Fields 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
Page 9 of 11
101
damages to Park (including any facilities therein) directly or indirectly resulting from
User Group’s use of the Sports Fields.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
Page 10 of 11
102
(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
555570.1
Page 11 of 11
103
AGREEMENT CONCERNING USE OF PROSPECT HIGH SCHOOL
DE ANZA YOUTH SOCCER LEAGUE
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and DE ANZA YOUTH SOCCER LEAGUE (“User
Group”) concerning, the use and care of the sport fields named below. City and User
Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields at Prospect High
School listed and shown on Exhibit A together with any ancillary facilities noted on
Exhibit A (hereinafter referenced as “Sports Field”) and designated parking areas at the
school. This use is subject to the terms of this agreement and the agreement between
City and the Campbell Union High School District (“District”) dated September 18,
2013.
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved scheduled
practices and games; at all other times, the area designated for use shall be open
for use by the District.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that AMERICAN YOUTH SOCCER
ORGANIZATION, CISL SOCCER, WEST VALLEY LACROSSE CLUB,
WEST VALLEY YOUTH SOCCER LEAGUE, and PROSPECT HIGH
SCHOOL are also authorized to use the Sports Field during some or all of the
period specified in Exhibit B. Any scheduling conflicts shall be resolved by the
Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
Page 1 of 11
104
5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto. No
amendment, alteration, or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
Page 2 of 11
105
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
Page 3 of 11
106
Exhibit A – Sports Field Description
Page 4 of 11
107
Exhibit B – User Group Schedule
User Group schedules are determined twice a year prior to the spring and fall sports
seasons. All authorized users listed in section 2(c) of this Agreement shall share in the
pool of hours available. The play fields at Prospect High School are available on
Saturdays and Sundays throughout the year. The rear playfield adjacent to the baseball
fields can be scheduled from 10 A.M. to 6:00 P.M. and the stadium field can be
scheduled from 8:00 A.M. to sunset.
Prospect High School scheduled events, practices, or games receive first priority when
scheduling.
Page 5 of 11
108
Exhibit C – User Group Responsibilities
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) 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. No chairs, tables, or furniture of any kind are allowed on the
artificial track;
iii. No cleats of any kind on the artificial track;
iv. Prohibiting all liquids on the turf fields, with the exception of drinking
water;
v. Prohibiting food of any kind on the turf fields including sunflower
seeds;
vi. Prohibiting sale of food or liquids of any kind on school grounds; and
vii. Supporting a volunteer effort that reduces the use of plastic water
bottles by promoting the use of reusable water bottles during User
Group activities.
(g) Other appropriate District and City Regulations including, but not limited to District
Administrative Regulations 7114 (use of facilities) and 3513.2 (parking) which have been
provided separately to User Group.
Page 6 of 11
109
Exhibit D – User Group Service Charge
The field use charge by the Campbell Union High School District is per each field used
calculated by the number of hours scheduled @ $35 per hour. Costs will be shared between user
groups portioned by the number of hours scheduled by each user group (“Hours Scheduled”)
divided by the total hours scheduled by all user groups (“Total Hours”).
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 (spring or fall). $TBD = Amount to be
determined when number of hours scheduled is known.
x Base Cost: Hours Scheduled @ $35.00/hour = $TBD
x City Labor Costs: 10 hrs @ $39.50 x (Hours Scheduled) = $TBD
(Total Hours)
x Administrative Costs: .12 x City Labor Costs = $TBD
x Restroom Rental: 6 months @ $160/month x (Hours Scheduled) = $TBD
(Total Hours)
Total Field Use Cost = $TBD
Total Cost = $TBD
If required by the District, custodial time necessary to monitor the facility during usage will be
charged at the rate of $34.50 per hour in addition to the field use costs.
Page 7 of 11
110
Exhibit E – City Responsibilities
(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.
Page 8 of 11
111
Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F, “Director” means the Director of
Recreation and Facilities and /or the Director’s designee.
2. Use Policy. The Director shall have full authority to regulate the use of the sports
fields.
3. Penalties for field use violations. Unauthorized use of the sports fields or deviating
from the responsibilities listed in Exhibit C by User Group may result in a penalty as
determined by the Director as follows:
1st Penalty during season: No use of facility for up to one week.
2nd Penalty during season: No use of facility for up to one month.
3rd Penalty during season: No use of facility 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 facility 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
4. 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
Sports Fields and Parking Areas (Facility) 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 Facility directly or indirectly resulting
from User Group’s use of the Facility.
5. 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 Facility, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. Workers’ Compensation and Employers Liability limits of $1,000,000 per
accident.
Page 9 of 11
112
b. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the provisions:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
(1) 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.
iii. All Coverages.
(1) 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
Page 10 of 11
113
User Group may make use of the Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
6. Termination of Agreement. 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. If District terminates
the September 18, 2013 use agreement with City this Agreement shall terminate as of the
effective date of that termination.
7. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
8. 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.
9. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
Page 11 of 11
114
AGREEMENT CONCERNING USE OF EL QUITO PARK
QUITO LITTLE LEAGUE
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and QUITO LITTLE LEAGUE (“User Group”)
concerning, the use and maintenance of the park named below and to serve as a Group
Use Permit in accordance with Article 11-10 of the Saratoga City Code. City and User
Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports field in El Quito Park
listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit B
(hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved 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.
Turf areas will be closed to User Groups for maintenance from mid-December to
mid-February. The baseball infield will remain open for use during the
maintenance closure period.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season no later than 30 days prior to the first use. User
Group shall furnish City with a copy of any proposed changes to the practice
schedule that would change the date or time of Sports Field use at least 24 hours
prior to the first period of time affected by the change in schedule.
c. User Group acknowledges that DE ANZA YOUTH SOCCER LEAGUE AND
THE SARATOGA RECREATION DEPARTMENT is also authorized to use
the Sports Field during some or all of the period specified in Exhibit B. Any
scheduling conflicts shall be resolved by the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
Page 1 of 11
115
5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
Page 2 of 11
116
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
Page 3 of 11
117
Exhibit A – Sports Field Description
Page 4 of 11
118
Exhibit B – User Group Schedule
El Quito Park is closed to Group Use from mid-December to mid-February for maintenance.
Page 5 of 11 s
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Exhibit C – User Group Responsibilities
(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 User Group activities.
(c) Making arrangements with City for a preseason inspection of the field at least
30 days prior to the beginning of the first use of the Sports Field, at which time
User Group shall advise the City of any objections to the condition of the field.
During the use period User Group shall immediately notify the City of any
objections to the condition of the field.
(d) Supporting a volunteer effort that reduces the use of plastic water bottles by
promoting the use of reusable water bottles during User Group activities.
(e) Utilize the Westhope Church parking lot off of Saratoga Avenue as the
designated parking area for all User Group activities at the park.
(f) Maintain batter box, pitcher mound, and dugouts after all practices.
(g) No hard balls or outfield batting practice is allowed.
Page 6 of 11
120
Exhibit D – User Group Service Charge
TASK:
PRE-SEASON
CITY STAFF
x Trim infield edges (258’ sq ft.) 4 hrs
x Pre-Season General Prep 3 hrs
Including, Batter Box, Pitcher
Mound Repair (fill, pack & level)
Scarify & roll infield.
REGULAR SEASON
x Roll infield 3x during season 2 hrs
x Clean Decomposed Granite off edges (weekly)
4 hrs
TOTAL CITY HRS 13hrs
(@t $39.50/hr) $514
x ADMINISTRATIVE COSTS .12 x $514 $62
MATERIALS:
x Decomposed Granite/Clay Materials & Pitcher
Mound & Home Plate Clay $125
TOTAL MATERIALS $125
TOTAL (HOURS, CONTRACTS, LABOR MAT’L) $701
Page 7 of 11
121
Exhibit E – City Responsibilities
TASK:
PRE-SEASON
x Trim infield edges
x Pre-Season General Prep
Including, Batter Box, Pitcher
Mound Repair (fill, pack & level)
Scarify & roll infield.
REGULAR SEASON
x Roll infield 3x during season
x Clean Decomposed Granite off edges (weekly)
Page 8 of 11
122
Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Park Use Policy. The Director shall have full authority to regulate the use of the Sports
Field, 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 Director to ensure the long term health of the Sports
Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s 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 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Fields 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
Page 9 of 11
123
damages to Sports Fields (including any facilities therein) directly or indirectly resulting
from User Group’s use of the Sports Fields.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
Page 10 of 11
124
(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
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AGREEMENT CONCERNING USE OF CONGRESS SPRINGS PARK
SARATOGA LITTLE LEAGUE BASEBALL, INC.
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and SARATOGA LITTLE LEAGUE BASEBALL,
INC. (“User Group”) concerning, the use and maintenance of the park named below and to
serve as a Group Use Permit in accordance with Article 11-10 of the Saratoga City Code.
City and User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields in Congress Springs
Park listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit
B (hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved scheduled
practices and games; 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.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that AMERICAN YOUTH SOCCER
ORGANIZATION and SARATOGA PONY are also authorized to use the
Sports Field during some or all of the period specified in Exhibit B. Any
scheduling conflicts shall be resolved by the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
5. 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
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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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
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127
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
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Exhibit A – Sports Field Description
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129
Exhibit B – User Group Schedule
During the term of this Agreement Little League shall have the right to use the Baseball Fields
(2, 3, 4, 5, and 6) and snack shack pursuant to this Agreement during the months of January
through June (“Baseball Season”). Post Season usage of the Baseball Fields 2 and 3 during the
month of July for playoffs and tournaments, is allowed, but requires the authorization of the
Recreation and Facilities Director prior to scheduling. All use of the minor league temporary
Baseball Fields 4, 5, and 6 must cease by June 1st each 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 Baseball 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 Baseball Fields and snack shack during the
conduct of its games and practices. At all other times, the snack shack shall be closed but the
Baseball Fields shall remain open for use by the general public and organized activities as
authorized by City.
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Exhibit C – User Group Responsibilities
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 field at least
30 days prior to the beginning of the first use of the Sports Field, at which time
User Group shall advise the City of any objections to the condition of the field.
During the use period User Group shall immediately notify the City of any
objections to the condition of the field.
(d) Supporting a volunteer effort that reduces the use of plastic water bottles by
promoting the use of reusable water bottles during User Group activities.
(e) If User Group is authorized to use the Snack Shack, maintenance of the
interior of the snack shack and repair of the equipment within the snack shack
owned by Saratoga 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.
(f) Ensuring the safety of all activities including, but not limited to, preventing
baseballs from exiting the park onto Highway 85 during practice or games. The
League shall immediately notify the Recreation and Facilities Director if a
baseball exits the park onto Highway 85 during practice or games. If it is
determined that a ball is willfully hit or thrown onto Highway 85 by any League
member during the Baseball Season, 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) Clean up of 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.
(h) Maintain batter boxes, pitcher mounds, and dugouts after all games and
practices, as outlined by Parks Division staff.
(i) Prepare fields for games including dragging, lining of infields, and removal of
infield drying agents after each use in accordance with product label.
(j) Maintenance of electronic scoreboards.
(k) 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
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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.
(l) Remove temporary fencing, banners, and foul poles at the end of the Baseball
Season.
(m) User Group shall be responsible for all equipment and supplies specific to
baseball play, including but not limited to base pads, plates, marking paint, chalk,
backstop padding, infield clay drying agents, and bleacher shade cloth.
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Exhibit D – User Group Service Charge
Pre-Season Tasks
x Field set up; bleachers, backstops, bases, and field layouts. 32 hours
x Field cut outs for fields 4, 5, and 6 40 hours
with addition of cinder clay and pitcher’s mounds.
x Renovation of practice mounds, pitchers mounds, and batters
boxes on all fields. 24 hours
Scarify, top dressing, leveling of all infield cinder clay for 16 hours
Fields 2 and 3.
Regular Season Tasks
x Reseeding of infields 8 hours
x Mowing 2 times per week 30 hours
x Fertilizing 2 times 12 hours
x Field prep and clean up (weekly) 30 hours
End of Season Tasks
x Field Conversion and field removal. 81 hours
x Repair of holes and sod areas 9 hours
Total Hours 282 hrs @
$39.50/hr =
$11,139
x Administrative Costs: .12 x $11,139 = $1,337
Total Cost Labor: $12,476
Materials
- Cinder clay, pitcher’s mound clay $3,200
- Re-sodding 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: $22,676
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Exhibit E – City Responsibilities
Pre-Season Tasks
x Field set up; bleachers, backstops, bases, and field layouts.
x Field cut outs for fields 4, 5, 6 with addition of cinder clay and pitcher’s mounds.
x Renovation of practice mounds, pitchers mounds, and batters
boxes on all fields.
x Scarify, top dressing, leveling of all infield cinder clay for
fields 2 & 3.
Regular Season Tasks
x Reseeding of infields
x Mowing 2 times per week
x Fertilizing 2 times
x Field prep and clean up (weekly)
End of Season Tasks
x Field Conversion and field removal.
x Repair of holes and sod areas
Materials
x Cinder clay, pitcher’s mound clay
x Re-sodding of fields
x Hoses, nozzles, and quick couplers
x Rakes, tampers, shovels, brooms
x Garbage can liners where necessary
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Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Park Use Policy. The Director shall have full authority to regulate the use of the Sports
Field, 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 Director to ensure the long term health of the Sports
Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s 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 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Fields 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
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damages to Sports Fields (including any facilities therein) directly or indirectly resulting
from User Group’s use of the Sports Fields.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
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(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
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AGREEMENT CONCERNING USE OF CONGRESS SPRINGS PARK
SARATOGA PONY
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and SARATOGA PONY (“User Group”) concerning, the
use and maintenance of the park named below and to serve as a Group Use Permit in
accordance with Article 11-10 of the Saratoga City Code. City and User Group hereby
agree that:
1. Place of Use. This agreement pertains to the use of the sports fields in Congress Springs
Park listed and shown on Exhibit A together with any ancillary facilities noted on Exhibit
B (hereinafter referenced as “Sports Field”).
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Fields during the conduct of approved
scheduled practices and games; 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.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that AMERICAN YOUTH SOCCER
ORGANIZATION, and SARATOGA LITTLE LEAGUE BASEBALL, INC.
are also authorized to use the Sports Field during some or all of the period
specified in Exhibit B. Any scheduling conflicts shall be resolved by the
Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
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5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
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139
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
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Exhibit A – Sports Field Description
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Exhibit B – User Group Schedule
During the term of this agreement Pony League shall have the right to use the Pony Baseball
Field pursuant to this Agreement during the months of January through June (“Baseball
Season”). Post Season usage of the Pony Baseball Field during the month of July for playoffs
and tournaments, is allowed, but requires the authorization of the Recreation and Facilities
Director prior to scheduling. Each year, Pony League shall inform City as to (a) the anticipated
specific starting and ending dates of its use of the Pony Baseball Field (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 Pony
League shall be entitled to the exclusive use of the Pony Baseball Field during the conduct of its
games and practices. At all other times, the Pony Baseball Field shall remain open for use by the
general public and organized activities as authorized by City.
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Exhibit C – User Group Responsibilities
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 field at least
30 days prior to the beginning of the first use of the Sports Field, at which time
User Group shall advise the City of any objections to the condition of the field.
During the use period User Group shall immediately notify the City of any
objections to the condition of the field.
(d) Supporting a volunteer effort that reduces the use of plastic water bottles by
promoting the use of reusable water bottles during User Group activities.
(e) If User Group is authorized to use the Snack Shack, maintenance of the
interior of the snack shack and repair of the equipment within the snack shack
owned by Saratoga 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.
(f) Ensuring the safety of all activities including, but not limited to, preventing
baseballs from exiting the park onto Highway 85 during practice or games. The
League shall immediately notify the Recreation and Facilities Director if a
baseball exits the park onto Highway 85 during practice or games. If it is
determined that a ball is willfully hit or thrown onto Highway 85 by any League
member during the Baseball Season, 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) Clean up of 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.
(h) Maintain batter boxes, pitcher mounds, and dugouts after all games and
practices, as outlined by Parks Division staff.
(i) Prepare fields for games including dragging, lining of infields, and removal of
infield drying agents after each use in accordance with product label.
(j) 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
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143
remainder of the Baseball Season and, if the event occurs, in the second half of
the Baseball Season for the following Baseball Season.
(k) Remove temporary fencing, banners, and foul poles at the end of the Baseball
Season.
(l) User Group shall be responsible for all equipment and supplies specific to
baseball play, including but not limited to base pads, plates, marking paint, chalk,
backstop padding, infield clay drying agents, and bleacher shade cloth.
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Exhibit D – User Group Service Charge
Pre-Season Tasks
x Replacement of cinder clay infield mix 6 hours
x Renovation of pitcher’s mound and practice mounds 4 hours
x Scarify, roll, clean up fields, leveling 12 hours
x Reseeding of infield turf and topdressing 6 hours
Regular Season Tasks
x Fertilizing and reseeding of infield turf 4 hours
x Mowing 2 times per week 10 hours
x Field prep and clean up (weekly) 12 hours
x Misc. maintenance tasks (week spraying, edging) 10 hours
of grass, spot watering, hole repair
End of Season Tasks
x Repair of work turf with re-sodding 18 hours
x Aeration of field 3 hours
Total Hours: 85 hours @
$39.50/hr
= $3,358
x Administrative Costs .12 x $3,358 = $403
Total Staff Costs: $3,761
Materials
- Cinder clay and pitcher’s mound clay $920
- Sod for infield turf 650 (amount to be determined at
end of season)
Total Material Costs: $1,570
Total Cost Labor + Materials: $5,331
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Exhibit E – City Responsibilities
Pre-Season Tasks
x Field set up; bleachers, backstops, bases, and field layouts.
x Renovation of practice mounds, pitchers mounds, and batters
boxes on all fields.
x Scarify, top dressing, leveling of all infield cinder clay
Regular Season Tasks
x Reseeding of infields
x Mowing 2 times per week
x Fertilizing 2 times
x Field prep and clean up (weekly)
End of Season Tasks
x Repair of holes and sod areas
x Aeration of field
Materials
x Cinder clay, pitcher’s mound clay
x Re-sodding of fields
x Hoses, nozzles, and quick couplers
x Rakes, tampers, shovels, brooms
x Garbage can liners where necessary
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Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F “Director” means the Director of Recreation
and Facilities and /or the Director’s designee.
2. Park Use Policy. The Director shall have full authority to regulate the use of the Sports
Field, 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 Director to ensure the long term health of the Sports
Field.
3. Rainy Day Policy. User Group shall not use any field that if the Director has
determined is or is expected to be in an unplayable condition at the time scheduled for
use. The Director 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 (408-
868-1207) and, as soon as reasonably practicable following the Director’s 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 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.
4. Penalties for field use violations. Unauthorized use of the Sports Field by User Group
may result in a penalty as determined by the Director as follows:
1st Penalty during season: No use of Sports Field for up to one week.
2nd Penalty during season: No use of Sports Field for up to one month.
3rd Penalty during season: No use of Sports Field 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 Sports Field 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
5. 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
Sports Fields 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
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147
damages to Sports Fields (including any facilities therein) directly or indirectly resulting
from User Group’s use of the Sports Fields.
6. 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 Sports Field, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. 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:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
Page 11 of 12
148
(1) 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.
iii. All Coverages.
(1) 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 Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
7. Termination of Agreement. 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.
8. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
9. 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.
10. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
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149
AGREEMENT CONCERNING USE OF PROSPECT HIGH SCHOOL
WEST VALLEY LACROSSE CLUB
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and WEST VALLEY LACROSSE CLUB (“User
Group”) concerning, the use and care of the sport fields named below. City and User
Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields at Prospect High
School listed and shown on Exhibit A together with any ancillary facilities noted on
Exhibit A (hereinafter referenced as “Sports Field”) and designated parking areas at the
school. This use is subject to the terms of this agreement and the agreement between
City and the Campbell Union High School District (“District”) dated September 18,
2013.
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved scheduled
practices and games; at all other times, the area designated for use shall be open
for use by the District.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that AMERICAN YOUTH SOCCER
ORGANIZATION, DE ANZA YOUTH SOCCER LEAGUE, CISL
SOCCER, WEST VALLEY YOUTH SOCCER LEAGUE, and PROSPECT
HIGH SCHOOL are also authorized to use the Sports Field during some or all of
the period specified in Exhibit B. Any scheduling conflicts shall be resolved by
the Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
Page 1 of 11
150
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto. No
amendment, alteration, or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
Page 2 of 11
151
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
Page 3 of 11
152
Exhibit A – Sports Fields Description
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153
Exhibit B – User Group Schedule
User Group schedules are determined twice a year prior to the spring and fall sports
seasons. All authorized users listed in section 2(c) of this Agreement shall share in the
pool of hours available. The play fields at Prospect High School are available on
Saturdays and Sundays throughout the year. The rear playfield adjacent to the baseball
fields can be scheduled from 10 A.M. to 6:00 P.M. and the stadium field can be
scheduled from 8:00 A.M. to sunset.
Prospect High School scheduled events, practices, or games receive first priority when
scheduling.
Page 5 of 11
154
Exhibit C – User Group Responsibilities
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) 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. No chairs, tables, or furniture of any kind are allowed on the
artificial track;
iii. No cleats of any kind on the artificial track;
iv. Prohibiting all liquids on the turf fields, with the exception of drinking
water;
v. Prohibiting food of any kind on the turf fields including sunflower
seeds;
vi. Prohibiting sale of food or liquids of any kind on school grounds; and
vii. Supporting a volunteer effort that reduces the use of plastic water
bottles by promoting the use of reusable water bottles during User
Group activities.
(g) Other appropriate District and City Regulations including, but not limited to District
Administrative Regulations 7114 (use of facilities) and 3513.2 (parking) which have been
provided separately to User Group.
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155
Exhibit D – User Group Service Charge
The field use charge by the Campbell Union High School District is per each field used
calculated by the number of hours scheduled @ $35 per hour. Costs will be shared between user
groups portioned by the number of hours scheduled by each user group (“Hours Scheduled”)
divided by the total hours scheduled by all user groups (“Total Hours”).
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 (spring or fall). $TBD = Amount to be
determined when number of hours scheduled is known.
x Base Cost: Hours Scheduled @ $35.00/hour = $TBD
x City Labor Costs: 10 hrs @ $39.50 x (Hours Scheduled) = $TBD
(Total Hours)
x Administrative Costs: .12 x City Labor Costs = $TBD
x Restroom Rental: 6 months @ $160/month x (Hours Scheduled) = $TBD
(Total Hours)
Total Field Use Cost = $TBD
Total Cost = $TBD
If required by the District, custodial time necessary to monitor the facility during usage will be
charged at the rate of $34.50 per hour in addition to the field use costs.
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156
Exhibit E – City Responsibilities
(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.
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157
Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F, “Director” means the Director of
Recreation and Facilities and /or the Director’s designee.
2. Use Policy. The Director shall have full authority to regulate the use of the sports
fields.
3. Penalties for field use violations. Unauthorized use of the sports fields or deviating
from the responsibilities listed in Exhibit C by User Group may result in a penalty as
determined by the Director as follows:
1st Penalty during season: No use of facility for up to one week.
2nd Penalty during season: No use of facility for up to one month.
3rd Penalty during season: No use of facility 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 facility 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
4. 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
Sports Fields and Parking Areas (Facility) 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 Facility directly or indirectly resulting
from User Group’s use of the Facility.
5. 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 Facility, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. Workers’ Compensation and Employers Liability limits of $1,000,000 per
accident.
Page 9 of 11
158
b. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the provisions:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
(1) 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.
iii. All Coverages.
(1) 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
Page 10 of 11
159
certificates and endorsements are to be received and approved by the City before
User Group may make use of the Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
6. Termination of Agreement. 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. If District terminates
the September 18, 2013 use agreement with City this Agreement shall terminate as of the
effective date of that termination.
7. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
8. 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.
9. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
Page 11 of 11
160
AGREEMENT CONCERNING USE OF PROSPECT HIGH SCHOOL
WEST VALLEY YOUTH SOCCER LEAGUE
This agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a
municipal corporation (“City”), and WEST VALLEY YOUTH SOCCER LEAGUE
(“User Group”) concerning, the use and care of the sport fields named below. City and
User Group hereby agree that:
1. Place of Use. This agreement pertains to the use of the sports fields at Prospect High
School listed and shown on Exhibit A together with any ancillary facilities noted on
Exhibit A (hereinafter referenced as “Sports Field”) and designated parking areas at the
school. This use is subject to the terms of this agreement and the agreement between
City and the Campbell Union High School District (“District”) dated September 18,
2013.
2. Term and Times of Use.
a. This Agreement shall become effective upon the date last signed below and shall
terminate on December 31, 2016. User Group shall have the right to use the
Sports Field during the period specified on Exhibit B subject to approval of a
specific use schedule by the Recreation and Facilities Director. User Group shall
be entitled to the use of the Sports Field during the conduct of approved scheduled
practices and games; at all other times, the area designated for use shall be open
for use by the District.
b. User Group shall inform City as to the proposed specific starting and ending dates
of its use period for each season (including practice periods, regular season, and
post-season game play) no later than 30 days prior to the first use. User Group
shall furnish City with a copy of any proposed changes to the practice schedule
that would change the date or time of Sports Field use at least 24 hours prior to
the first period of time affected by the change in schedule.
c. User Group acknowledges that AMERICAN YOUTH SOCCER
ORGANIZATION, DE ANZA YOUTH SOCCER LEAGUE, CISL
SOCCER, WEST VALLEY LACROSSE CLUB, and PROSPECT HIGH
SCHOOL are also authorized to use the Sports Field during some or all of the
period specified in Exhibit B. Any scheduling conflicts shall be resolved by the
Recreation and Facilities Director.
3. Responsibilities of User Group. User Group shall be responsible for the tasks specified
in Exhibit C and in consideration for the additional maintenance and other services
provided by City and for the use of the Sports Field, User Group shall pay a service
charge to City as detailed in Exhibit D. The service charge shall be due and payable on
or before the first use of the Sports Field pursuant to this Agreement.
Page 1 of 11
161
4. Responsibilities of City. City shall be responsible for the tasks listed in Exhibit E.
5. 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: Notices to City:
Name
Address
Phone
E-mail
Michael Taylor
Recreation and Facilities Director
City of Saratoga
19655 Allendale Avenue
Saratoga, CA 95070
Phone: (408) 868-1250
mtaylor@saratoga.ca.us
6. General Provisions. City and User Group agree to and shall abide by the general
provisions set forth in Exhibit F.
7. Exhibits. All exhibits referred to in this Agreement are attached hereto and are by this
reference incorporated herein and made a part of this Agreement.
8. Entire Agreement. This Agreement supersedes any and all agreements, either oral or
written, between the parties with respect to User Group’s use of the Sports Field and
contains all of the covenants and agreements between the parties with respect thereto. No
amendment, alteration, or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto.
9. 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 hereto have executed this Agreement.
User Group City of Saratoga
________________________________
Date: _________________
Print Name: _______________________
Position: ___________________________
__________________________________
James Lindsay, City Manager
Date: __________________
Page 2 of 11
162
ATTEST:
__________________________
Crystal Bothelio, City Clerk
Date: ____________________
APPROVED AS TO FORM:
__________________________
Richard Taylor, City Attorney
Date: ____________________
Exhibit List
Exhibit A – Sports Fields Description
Exhibit B – User Group Schedule
Exhibit C – User Group Responsibilities
Exhibit D – User Group Service Charge
Exhibit E – City Responsibilities
Exhibit F – General Provisions
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163
Exhibit A – Sports Field Description
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164
Exhibit B – User Group Schedule
User Group schedules are determined twice a year prior to the spring and fall sports
seasons. User Group and all authorized users listed in section 2(c) of this Agreement shall
share in the pool of hours available. The play fields at Prospect High School are available
on Saturdays and Sundays throughout the year. The rear playfield adjacent to the
baseball fields can be scheduled from 10 A.M. to 6:00 P.M. and the stadium field can be
scheduled from 8:00 A.M. to sunset.
Prospect High School scheduled events, practices, or games receive first priority when
scheduling.
Page 5 of 11
165
Exhibit C – User Group Responsibilities
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) 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. No chairs, tables, or furniture of any kind are allowed on the
artificial track;
iii. No cleats of any kind on the artificial track;
iv. Prohibiting all liquids on the turf fields, with the exception of drinking
water;
v. Prohibiting food of any kind on the turf fields including sunflower
seeds;
vi. Prohibiting sale of food or liquids of any kind on school grounds; and
vii. Supporting a volunteer effort that reduces the use of plastic water
bottles by promoting the use of reusable water bottles during User
Group activities.
(g) Other appropriate District and City Regulations including, but not limited to District
Administrative Regulations 7114 (use of facilities) and 3513.2 (parking) which have been
provided separately to User Group.
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166
Exhibit D – User Group Service Charge
The field use charge by the Campbell Union High School District is per each field used
calculated by the number of hours scheduled @ $35 per hour. Costs will be shared between user
groups portioned by the number of hours scheduled by each user group (“Hours Scheduled”)
divided by the total hours scheduled by all user groups (“Total Hours”).
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 (spring or fall). $TBD = Amount to be
determined when number of hours scheduled is known.
x Base Cost: Hours Scheduled @ $35.00/hour = $TBD
x City Labor Costs: 10 hrs @ $39.50 x (Hours Scheduled) = $TBD
(Total Hours)
x Administrative Costs: .12 x City Labor Costs = $TBD
x Restroom Rental: 6 months @ $180/month x (Hours Scheduled) = $TBD
(Total Hours)
Total Field Use Cost = $TBD
Total Cost = $TBD
If required by the District, custodial time necessary to monitor the facility during usage will be
charged at the rate of $34.50 per hour in addition to the field use costs.
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Exhibit E – City Responsibilities
(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.
Page 8 of 11
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Exhibit F – General Provisions
1. Director. For the purposes of this Exhibit F, “Director” means the Director of
Recreation and Facilities and /or the Director’s designee.
2. Use Policy. The Director shall have full authority to regulate the use of the sports
fields.
3. Penalties for field use violations. Unauthorized use of the sports fields or deviating
from the responsibilities listed in Exhibit C by User Group may result in a penalty as
determined by the Director as follows:
1st Penalty during season: No use of facility for up to one week.
2nd Penalty during season: No use of facility for up to one month.
3rd Penalty during season: No use of facility 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 facility 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 may
suspend User Group’s ability to use Sports Field until such time as payment is made.
4. 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
Sports Fields and Parking Areas (Facility) 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 facility directly or indirectly resulting
from User Group’s use of the Facility.
5. 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 Facility, 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:
i. General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury, and property damage.
ii. Workers’ Compensation and Employers Liability limits of $1,000,000 per
accident.
Page 9 of 11
169
b. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the provisions:
i. General Liability Coverage.
(1) 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.
(2) 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.
(3) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials,
employees or volunteers.
(4) 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.
ii. Workers’ Compensation and Employers Liability Coverage.
(1) 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.
iii. All Coverages.
(1) 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
Page 10 of 11
170
certificates and endorsements are to be received and approved by the City before
User Group may make use of the Sports Field. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
6. Termination of Agreement. 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. If District terminates
the September 18, 2013 use agreement with City this Agreement shall terminate as of the
effective date of that termination.
7. Contract Administration. This Agreement shall be administered on behalf of City by
the Director. The 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 Director. The Director may designate in writing one or more
City employees to exercise some or all of his authority under this Agreement.
8. 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.
9. Survival. The provisions of this Agreement which by their nature should survive
expiration or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
Page 11 of 11
171
SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT:Contract with Michael Baker International – Contract Planner
RECOMMENDED ACTION:
Authorize the City Manager to execute an agreement with Michael Baker International (MBI) for
contract planner services in an amount not to exceed $80,000.
BACKGROUND:
Upon learning that one of the City’s Planner positions would become vacant at the end of
February 2016, staff sought out proposals for planner services to support the Planning Division
during this transition period. The City received a total of three proposals and the submittal from
MBI was the least expensive and most closely aligned with the City’s temporary planner staffing
needs. If the Council authorizes execution of the agreement, the Planner position will be
temporarily filled by a Senior Planner that will perform the range of planner duties, such as
taking in and reporting on planning applications, providing counter coverage, reviewing
applications, and attending site visits and Planning Commission or Council meetings as needed.
FISCAL STATEMENT:
There will be no fiscal impact on the FY 2015/16 budget as salary savings from vacant positions
will be used to cover the additional expenditure.
ATTACHMENTS:
Attachment A – Proposed Contract
172
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City of Saratoga
Standard Services Contract
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2. Term.
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Michael Baker International Contract Planner Services
Michael Baker International
Contract planner services
06/30/2016
80,000.00
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173
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Michael Baker International Contract Planner Services
Michael Baker International
Tad Stern
60 Garden Court, Ste 230
Monterey, CA 93940
831-383-7974 (office), 831-236-7522 (mobile)
tstearn@mbakerintl.com
Community Development
Erwin Ordoñez
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1222
(408) 867-8555
eordonez@saratoga.ca.us
174
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City of Saratoga Services Contract
Exhibit A – Scope of Work and Payment Terms
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-End of Exhibit A -
Michael Baker International Contract Planner Services
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City of Saratoga Services Contract
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. &LW\UHTXLUHVWKHVHUYLFHVRIDTXDOLILHGFRQVXOWDQW
WRSURYLGHWKHZRUNSURGXFWGHVFULEHGLQ([KLELW$EHFDXVHLWODFNVWKHTXDOLILHG
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1.1 In General$WDOOWLPHVGXULQJWKHWHUPRIWKLVDJUHHPHQW&RQVXOWDQWVKDOOEH
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&RQVXOWDQWRQO\ZLWKUHVSHFWWRVSHFLI\LQJWKHUHVXOWVWREHREWDLQHGIURP
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1.2 Non-Exclusive Contract.1RWKLQJFRQWDLQHGLQWKLVDJUHHPHQWVKDOOEH
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1.4 Qualifications.&RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWR&LW\WKDWWKH&RQVXOWDQWLV
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1.5 Use of City Equipment.&LW\VKDOOQRWEHUHVSRQVLEOHIRUDQ\GDPDJHWRSHUVRQV
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1.6 Payment of Taxes and Other Expenses.6KRXOG&LW\LQLWVGLVFUHWLRQRUD
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2. COMMUNICATION AND NOTICES7KH$GPLQLVWUDWRUGHVLJQDWHGLQVHFWLRQRQ
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3.1 Time and Materials.,IWKLVFRQWUDFWLVGHVLJQDWHGDVD7LPHDQG0DWHULDOV
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5. BENEFITS AND TAXES. &RQVXOWDQWVKDOOQRWKDYHDQ\FODLPXQGHUWKLVDJUHHPHQWRU
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8. CONFLICT OF INTEREST.
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9. COMPLIANCE WITH LAWS
9.1 In General. &RQVXOWDQWVKDOONHHSLWVHOIIXOO\LQIRUPHGRIDQGFRPSO\ZLWKDOO
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9.2 Licenses and Permits. &RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWR&LW\WKDWLWKDVDOO
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10. WORK PRODUCT AND RECORDS
10.1 Property of City.$OOUHSRUWVGDWDPDSVPRGHOVFKDUWVVWXGLHVVXUYH\V
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10.2 Intellectual Property. &RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWKDWLWKDVWKHOHJDO
ULJKWWRXWLOL]HDOOLQWHOOHFWXDOSURSHUW\LWZLOOXWLOL]HLQWKHSHUIRUPDQFHRIWKLV
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10.4 Use of Recycled Paper and Electronic Documents.&RQVXOWDQWVKDOOSUHSDUH
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11. CONFIDENTIAL INFORMATION&RQVXOWDQWVKDOOKROGDQ\FRQILGHQWLDO
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12. RESPONSIBILITY OF CONSULTANT&RQVXOWDQWVKDOOWDNHDOOUHVSRQVLELOLW\IRU
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13. INDEMNIFICATION. &RQVXOWDQWDQG&LW\DJUHHWKDW&LW\LWVHPSOR\HHVDJHQWVDQG
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13.1 General Indemnity7RWKHIXOOHVWH[WHQWSHUPLWWHGE\ODZ&RQVXOWDQWVKDOO
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13.2 Duty to Defend.,QDGGLWLRQWR&RQVXOWDQW¶VREOLJDWLRQWRLQGHPQLI\&LW\
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13.3 Limitation on Indemnity:LWKRXWDIIHFWLQJWKHULJKWVRI&LW\XQGHUDQ\
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13.4 Acknowledgement.&RQVXOWDQWDFNQRZOHGJHVWKDWLWVREOLJDWLRQSXUVXDQWWRWKLV
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13.5 Scope of Consultant Obligation7KHREOLJDWLRQVRI&RQVXOWDQWXQGHUWKLVRU
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13.6 Subcontractors.&RQVXOWDQWDJUHHVWRREWDLQH[HFXWHGLQGHPQLW\DJUHHPHQWV
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14. DEFAULT AND REMEDIES.
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15. TERMINATION.(LWKHUSDUW\PD\WHUPLQDWHWKLVDJUHHPHQWZLWKRUZLWKRXWFDXVHE\
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18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG
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SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:Public Works
PREPARED BY:Iveta Harvancik, Senior Engineer
SUBJECT:Final map approval for thirteen lots located at 12260 Saratoga-Sunnyvale Rd.
Owner: SummerHill Homes Saratoga Front LLC
RECOMMENDED ACTION:
1.Move to adopt Resolution granting final map approval of tentative map application No.
SUB 14-0002 for thirteen lots located at 12260 Saratoga-Sunnyvale Road.
2.Move to authorize the City Manager to execute the Subdivision Improvement Agreement.
REPORT SUMMARY:
Attached is a Resolution, which, if adopted, will grant final map approval for thirteen lots located
at 12260 Saratoga-Sunnyvale Road (APN 386-30-035). The thirteen lots consist of twelve
residential townhomes and one commercial lot at the property frontage. A common private
driveway will be shared with a similar development adjacent to the north approved in 2014. The
City Engineer has examined the final map and related documents submitted to the City in
accordance with the provisions of Section 14.40.020 of the Municipal Code and it was
determined that:
1.The final map substantially complies with the approved tentative map.
2.All conditions of the approved tentative map, as contained in Planning Commission
Resolutions No. 15-004 and 15-039, have been completed or will be completed
concurrent with development of the thirteen lots.
3.The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.196
4.The final map is technically correct.
Consequently, the City Engineer’s certificate has been executed on the final map and the final
map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for
action by the City Council.
A Subdivision Improvement Agreement for the development of twelve residential townhomes,
common driveway and landscaping is included. Front commercial property will be developed
after the construction of residential townhomes is completed.
FISCAL IMPACTS:
The subdivider has paid $77,112 in Engineering Fees and $248,400 in Park Development Fees.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The final map must either be approved or rejected by the City Council. If the map is rejected, it
would be returned to the subdivider with findings as to why the map was rejected.
FOLLOW UP ACTION(S):
The signed map will be released to the subdivider's Title Company for recordation along with
recording instructions.
ATTACHMENTS:
Attachment A: Site Map
Attachment B: Tract Map
Attachment C: Resolution granting Final Map approval.
Attachment D: Planning Commission Resolution No. 15-004 approving the tentative map
with conditions.
Attachment E: Planning Commission Resolution No. 15-039 modifying design review.
Attachment F: Subdivision Improvement Agreement
2
197
198
199
200
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF APPLICATION NO. SUB 14-0002
12260 SARATOGA-SUNNYVALE ROAD
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1: Thirteen lots as shown on that certain Tract Map, Tract No. 10336 prepared
by HMH Engineers, dated December 2015, and filed with the City Clerk of
the City of Saratoga on February 17, 2016, are approved as THIRTEEN (13)
individual lots.
SECTION 2: All streets and easements shown on said map and offered for dedication to
public use are hereby rejected on behalf of the public, save and except for
public service easements; and to the limited extent that any offers for public
street purposes either expressly or implicitly include offers for easements for
utility purposes along or beneath said street rights of way, then as to such
express or implied offers of easements for public utility purposes, the same are
hereby accepted on behalf of the public.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 17th day of February, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Manny Cappello, Mayor
ATTEST:
____________________________
Crystal Bothelio, City Clerk
201
202
203
Resolution No. 15-004
Exhibit 1
CONDITIONS OF APPROVAL
12260 SARATOGA-SUNNYVALE RD.
CONDITIONS OF APPROVAL
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
Indemnity Agreement
signed.
A. GENERAL
1. All conditions below which are identified as permanent or for
which an alternative period of time for applicability is specified shall
run with the land and apply to the landowner's successors in
interest for such time period. No zoning clearance, or demolition, or
grading for this project shall be issued until proof is filed with
the City that a certificate of approval documenting all applicable
permanent or other term-specified conditions has been recorded by
the applicant with the Santa Clara County Recorder's office in
form and content to the Community Development Director.
2. If a condition is not "Permanent" or does not have a term specified,
it shall remain in effect until the issuance by the City of Saratoga of a
Certificate of Occupancy or its equivalent.
3. The Owner and Applicant will be mailed a statement, after the
time the Resolution granting this approval is duly executed, containing
a statement of all amounts due to the City in connection with this
application, including all consultant fees (collectively "processing
fees"). This approval or permit shall expire sixty (60) days after
the date said notice is mailed if all processing fees contained in
the notice have not been paid in full. No Zoning Clearance or
Demolition, Grading, or Building Permit may be issued until the
processing fees have been paid in full (and, for deposit accounts, a
surplus balance of $500 is maintained).
4. The Project shall maintain compliance with all applicable
regulations of the State, County, City and/or other governmental
agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein
by this reference.
5. As a condition of this Approval, Owner and Applicant hereby
agree to defend, indemnify and hold the City and its officers, officials,
boards, commissions, employees, agents and volunteers harmless from
and against:
a. any and all claims, actions or proceedings to attack, set aside,
void or annul any action on the subject application, or any of
204
Resolution No. 15-004
Acknowledged.
Plans submitted.
Acknowledged.
Acknowledged.
the proceedings, acts or determinations taken, done or made
prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities
arising from or in any manner relating to the performance of such
construction, installation, alteration or grading work by the Owner
and/or Applicant, their successors, or by any person acting on their
behalf.
In addition, prior to any Zoning Clearance from the Community
Development Director, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to
Indemnify, Hold Harmless and Defend, which shall be subject to prior
approval as to form and content by the City Attorney.
COMMUNITY DEVELOPMENT
6. Compliance with Plans. The development shall be located and
constructed to include those features, and only those features, as
shown on the Approved Plans dated January 23, 2015 denominated
Exhibit “A”. All proposed changes to the Approved Plans must be
submitted in writing with plans showing the changes, including a
clouded set of plans highlighting the changes. Such changes shall be
subject to approval in accordance with Condition No. 4, above.
7. Building Division Submittal. Four (4) sets of complete
construction plans shall be submitted to the Building Division. These
plans shall be subject to review and approval by the City prior to
issuance of Zoning Clearance. The construction plans shall, at a
minimum, include the following:
a. Architectural drawings and other plan sheets consistent with those
identified as Exhibit "A" on file with the Community Development
Department and referenced in Condition No. 6 above;
b. A note shall be included on the site plan stating that no
construction equipment or private vehicles shall be parked or stored
within the root zone of any Ordinance-protected tree on the site;
c. This signed and dated Resolution printed onto separate construction
plan pages;
d. All additional drawings, plans, maps, reports, and/or materials
required by the Building Division.
8. Lighting. Exterior lighting shall be shielded so as not to shine on
adjacent properties or public right-of-way.
9. Maintenance of Construction Project Sites. Because this
Design Review Approval authorizes a project which requires a
Building Permit, compliance with City Code Section 16-75.050
governing maintenance of construction project sites is required.
205
Resolution No. 15-004
Acknowledged.
Proof provided.
Bike racks included in
Improvement Plans.
Wall included in
Improvement Plans.
All included in
Improvement Plans.
Landscape Plans
approved.
Acknowledged.
Trees shown on
Landscape Plans.
10. Noise Levels. All noise levels will comply with Saratoga
Municipal Code (SMC) Section 7-30.040 regarding noise standards
and SMC Section 7-30.060 regarding exceptions to special
activities.
11. Home Owner's Association. Prior to Final Map approval, the
owner/applicant shall be required to create and establish an owner's
association or other entity which will be in charge of operation and
maintenance of the project, including the commercial and residential
portion, in perpetuity which would include both the commercial.
Furthermore, the owner/applicant will be required to submit proof,
acceptable to the City of Saratoga, that such entity has been
established.
12. Bike Racks. The project should include one Class 2 bicycle
parking space (Class 2 parking facilities include bicycle racks to
which the frame and at least one wheel can be secured with a user-
provided lock).
13. Fencing. A concrete wall shall be installed along the rear
property line which is consistent with the existing concrete wall at
12280 Saratoga-Sunnyvale Road.
14. Site Circulation: Stop signs are to be installed from the parking
lot to the shared driveway. A double yellow line shall be installed at
the shared driveway from the sidewalk to the parking lot
entrances.
15. Landscaping: The applicant shall coordinate with the adjacent
residential neighbors regarding the specific selection of shrubs and
trees to be planted adjacent to the rear (eastern) property line for the
purpose of enhancing privacy. The agreed upon list of shrubs and
trees shall be approved by the City Arborist and is to be included on
the landscape plan submitted for building permit. The landscaping
adjacent the rear property line shall be planted at the earliest
possible time prior to project completion.
16. Utility Screening: All utilities including transformers,
standpipes, and backflow preventers shall be screened from off-site
views prior to building permit final.
17. Trees: A minimum of two trees shall be planted in the
driveway landscape islands located adjacent to the residential
garages.
206
Resolution No. 15-004
Trees shown on
Improvement Plans.
Shown on
Improvement Plans.
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
18. Privacy Screening: Trees shall be planted along the southern
property line and behind the residential units to reduce privacy
impacts to the commercial building located at 12280 Saratoga-
Sunnyvale Road.
19. Fire Lanes: Fire lane markings shall be required for the
driveway area per City of Saratoga and Santa Clara County Fire
Department specifications.
20. Retail Building Windows: All exterior windows of the retail
building shall have a consistent architectural style and are subject to
review and approval by the Community Development Director prior
to building permit submittal.
21. Final Map: The final map shall be approved and recorded prior
to building permit issuance.
CITY ARBORIST
22. Existing Trees. The applicant intends to maintain the existing
Chinese Pistache street trees and the pine trees along the rear (eastern)
property line as part of the project. A tree protection plan and arborist
report for these trees shall be reviewed by the City Arborist prior to
issuance of building permits. Any conditions of the Arborist
approval related to fees or deposits for tree protection or replacement
shall be met prior to submittal of a building permit or during
construction, as required.
23. Tree Removals: The Planning Commission has approved the
removal of the six pines along the rear property line and
replacement with new trees. The property owner is to set up an
arborist deposit account and a obtain tree removal permit prior to
removing these trees. The trees shall be replaced on site
according to good forestry practices, and shall provide
equivalent value in terms of aesthetic and environmental quality, size,
height, location, appearance and other significant beneficial
characteristics of the removed trees At least six trees from 24 inch
box containers shall be planted in this same general area to replace
the removed pines. They shall reach a height at maturity of 20 feet
or more depending on their distance from the power lines. In
addition to replacement trees, shrubs that provide screening for the
neighbors shall be planted along the rear of the property behind the
new trees. The screening shrubs shall be from 15-gallon containers,
shall be evergreen, and shall reach a height of 12 feet when mature.
PUBLIC WORKS
207
Resolution No. 15-004
Survey completed,
map submitted.
All submitted.
Fees paid.
Monument security
furnished.
Acknowledged.
24. Property Survey. Prior to submittal of the Final Map to the
Public Works Department for examination, the owner (applicant)
shall cause the property to be surveyed by a Licensed Land
Surveyor or an authorized Civil Engineer. The submitted map shall
show the existence of a monument at all external property comer
locations, either found or set. The submitted map shall also show
monuments set at each new comer location, angle point, or as
directed by the Public Works Department, all in conformity with the
Subdivision Map Act and the Professional Land Surveyors Act.
25. Submittal Requirements. The owner (applicant) shall submit four
(4) copies of a Final Map in substantial conformance with the
approved Tentative Map, along with the additional documents required
by Section 14-40.020 of the Municipal Code, to the Public Works
Department for examination. The Final Map shall contain all of the
information required in Section 14-40.030 of the Municipal Code and
shall be accompanied by the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90)
days of the date of submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
d. One copy of each document/deed referenced on the Final Map.
e. One copy of any other map, document, deed, easement or other
resource that will facilitate the examination process as requested by
the Public Works Department.
26. Map Checking Fees. The owner (applicant) shall pay a Map
Checking fee, as determined by the Public Works Director, at the time
of submittal of the Final Map for examination.
27. Monuments. Interior monuments shall be set at each lot comer
either prior to recordation of the Final Map or some later date to be
specified on the Final Map. If the owner (applicant) chooses to defer
the setting of interior monuments to a specified later date, then
sufficient security as determined by the Public Works Director shall
be furnished prior to Final Map approval, to guarantee the setting of
interior monuments.
28. Encroachment Permit Requirement. The owner (applicant) shall
obtain an Encroachment Permit from the City of Saratoga for any and
all improvements in the City right-of-way or City easement prior to
commencement of the work. The owner (applicant) shall replace
sections of sidewalk and/or curb and gutter as determined during the
Encroachment Permit issuance.
208
Resolution No. 15-004
Shown on Final Map.
Will-serve letters
provided.
Acknowledged.
Fees paid.
Acknowledged.
Improvement Plans
submitted.
Fees paid.
Subdivision
Improvement
Agreement signed.
29. Dedication. The owner (applicant) shall provide Irrevocable
Offers of Dedication for all required easements and/or rights-of-way
on the Final Map, in substantial conformance with the approved
Tentative Map, prior to Final Map approval. Private Storm Drain
Easement(s) shall be shown on the Final Map for areas with proposed
storm drain system(s). 10-foot wide Public Service Easement shall be
shown on the Final Map along Saratoga-Sunnyvale Road property
frontage.
30. Utilities. Prior to Final Map approval, the owner (applicant) shall
furnish the Public Works Department with satisfactory written
commitments from all public and private utility providers serving
the . subdivision guaranteeing the completion of all required
utility improvements to serve the subdivision.
31. Permits. The owner (applicant) shall secure all necessary
permits from the City and any other public agencies, including public
and private utility providers, prior to commencement of subdivision
improvement construction. Copies of permits other than those issued
by the City shall be provided to the Public Works Department.
32. Park and Recreation Fee. The owner (applicant) shall pay the
applicable Park and Recreation Development fees prior to Final Map
approval.
33. Best Management Practices. All building and construction
related activities shall adhere to New Development and Construction -
Best Management Practices as adopted by the City for the purpose of
preventing storm water pollution.
34. Engineered Improvement Plan. The owner (applicant)
·shall submit engineered improvement plans to the City Engineer
in conformance with the approved Tentative Map and in accordance
with the design and improvement requirements of Chapter 14 of the
Municipal Code. The improvement plans shall be reviewed and
approved by the City Engineer and the appropriate officials from
other public agencies having jurisdictional authority, including public
and private utility providers, prior to approval of the Final Map.
35. Subdivision Improvement Plan Fee. The owner (applicant)
shall pay a Subdivision Improvement Plan Checking fee, as
determined by the Public Works Director, at the time Improvement
Plans are submitted for review.
36. Improvement Agreement. The owner (applicant) shall
enter into an Improvement Agreement with the City in accordance
209
Resolution No. 15-004
Improvement
securities provided.
Proof of Insurance
provided.
Shown on
Improvement Plans.
Landscape Plans
submitted.
Acknowledged.
with Section 14-60.010 of the Municipal Code prior to Final Map
approval.
37. Improvement Securities. The owner (applicant) shall furnish
Improvement Securities in accordancwith Section 14-60.020 of the
Municipal Code in the manner and amounts determined by the
Public Works Director prior to Final Map approval.
38. Indemnification. The owner (applicant) shall furnish a written
indemnity agreement and proof of insurance coverage, in accordance
with Section 14-05.050 of the Municipal Code, prior to Final Map
approval. ·
39. Stormwater Treatment. The owner/applicant shall provide the
Director of Public Works with a plan' describing how owner/applicant
will implement all Best Management Practices (BMPs) and other
measures required to reduce the stormwater runoff impacts of the
project, as described in and required by the City's NPDES Municipal
Regional Stormwater Permit, Order R2-2009-0074 (as amended
by Order R2-2011-0083) ("NPDES Permit"). The measures
included in this plan shall include, but are not limited to, construction
site control measures, plans for storm drain stenciling, and
landscaping measures. This plan ·must be approved by the Director
of Public Works prior to final map approval. The owner/applicant
shall enter into a Stormwater Maintenance Agreement, which
shall contain all of the provisions required by the NPDES Permit
and provide a funding mechanism(s), satisfactory in form and content
to the Director of Public Works, to ensure permanent funding for
the maintenance of the stormwater treatment systems or hydro
modification controls developed on the property as well as inspection
and reporting. Upon owner/applicant's request, the City will initiate
proceedings to create an assessment district, which, if approved,
shall be a satisfactory funding mechanism for this main entrance,
inspection, and reporting.
40. Landscape/Lighting District. The Property is included in
existing Landscape and Lighting Assessment District No. 1.
Landscape and Irrigation plans for the property frontage along
Saratoga-Sunnyvale Road shall be submitted as part of the
Improvement Plans.
41. NPDES Permit. Prior to beginning of construction, the applicant
shall file a Notice of Intent (NOI) with the Regional Water Quality
Control Board, if required, to obtain coverage under the State General
Construction Activity NPDES Permit Satisfactory evidence of the
filing of the NOI shall be furnished to the City. The applicant shall
210
Resolution No. 15-004
comply with all provisions and conditions of the State Permit,
including preparation and implementation of a Storm Water
Pollution Prevention Plan (SWPPP), if required. Copies of the
SWPPP shall be submitted to the City prior to beginning of
construction and maintained on site at all times during construction.
211
212
213
Resolution No. 15-039
Exhibit 1
CONDITIONS OF APPROVAL
12260 SARATOGA-SUNNYVALE RD
CONDITIONS OF APPROVAL
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
Indemnity
Agreement
Signed.
A. GENERAL
1. All conditions below which are identified as permanent or for which an
alternative period of time for applicability is specified shall run with the
land and apply to the landowner’s successors in interest for such time
period. No zoning clearance, or demolition, or grading for this project
shall be issued until proof is filed with the city that a certificate of approval
documenting all applicable permanent or other term-specified conditions
has been recorded by the applicant with the Santa Clara County
Recorder’s office in form and content to the Community Development
Director.
2. If a condition is not “Permanent” or does not have a term specified, it shall
remain in effect until the issuance by the City of Saratoga of a Certificate
of Occupancy or its equivalent.
3. The Owner and Applicant will be mailed a statement, after the time the
Resolution granting this approval is duly executed, containing a statement
of all amounts due to the City in connection with this application,
including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is
mailed if all processing fees contained in the notice have not been paid in
full. No Zoning Clearance or Demolition, Grading, or Building Permit
may be issued until the processing fees have been paid in full (and, for
deposit accounts, a surplus balance of $500 is maintained).
4. The Project shall maintain compliance with all applicable regulations of
the State, County, City and/or other governmental agencies having
jurisdiction including, without limitation, the requirements of the Saratoga
Zoning Regulations incorporated herein by this reference.
5. As a condition of this Approval, Owner and Applicant hereby agree to
defend, indemnify and hold the City and its officers, officials, boards,
commissions, employees, agents and volunteers harmless from and
against:
a. any and all claims, actions or proceedings to attack, set aside, void or
annul any action on the subject application, or any of the proceedings,
acts or determinations taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising
214
Resolution No. 15-039
Acknowledged.
Acknowledged.
Acknowledged.
from or in any manner relating to the performance of such
construction, installation, alteration or grading work by the Owner
and/or Applicant, their successors, or by any person acting on their
behalf.
In addition, prior to any Zoning Clearance from the Community
Development Director, Owner and Applicant shall execute a separate
agreement containing the details of this required Agreement to Indemnify,
Hold Harmless and Defend, which shall be subject to prior approval as to
form and content by the City Attorney.
6. Construction for the townhouses must be commenced within 24 months of
the date of this approval (August 26, 2017), and the tentative map and
commercial design review will expire on February 11, 2017, or the
resolution will expire.
COMMUNITY DEVELOPMENT
7. Compliance with Plans. The development shall be located and
constructed to include those features, and only those features, as shown on
the Approved Plans dated January 23, 2015 denominated Exhibit "A" for
the commercial development and the Tentative Map and on the Approved
Plans dated August 18, 2015 denominated Exhibit “B” for the townhouse
development. All proposed changes to the Approved Plans must be
submitted in writing with plans showing the changes, including a clouded
set of plans highlighting the changes. Such changes shall be subject to
approval in accordance with Condition No. 4, above.
8. Building Division Submittal. Four (4) sets of complete construction
plans shall be submitted to the Building Division. These plans shall be
subject to review and approval by the City prior to issuance of Zoning
Clearance. The construction plans shall, at a minimum include the
following:
a. Architectural drawings and other plan sheets consistent with those
identified as Exhibit “A” on file with the Community Development
Department and referenced in Condition No. 6 above;
b. A note shall be included on the site plan stating that no construction
equipment or private vehicles shall be parked or stored within the root
zone of any Ordinance-protected tree on the site;
c. This signed and dated Resolution printed onto separate construction
plan pages;
d. All additional drawings, plans, maps, reports, and/or materials
required by the Building Division.
215
Resolution No. 15-039
Acknowledged.
Acknowledged.
Acknowledged.
Proof provided.
Bike racks
included.
Wall included.
All included in
Improvement
Plans.
Landscape Plans
approved.
Acknowledged.
Tree shown on
Plans.
9. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent
properties or public right-of-way.
10. Maintenance of Construction Project Sites. Because this Design
Review Approval authorizes a project which requires a Building Permit,
compliance with City Code Section 16-75.050 governing maintenance of
construction project sites is required.
11. Noise Levels. All noise levels will comply with Saratoga Municipal Code
(SMC) Section 7-30.040 regarding noise standards and SMC Section 7-
30.060 regarding exceptions to special activities.
12. Home Owner’s Association. Prior to Final Map approval, the
owner/applicant shall be required to create and establish an owner’s
association or other entity which will be in charge of operation and
maintenance of the project, including the commercial and residential
portion, in perpetuity which would include both the commercial.
Furthermore, the owner/applicant will be required to submit proof,
acceptable to the City of Saratoga, that such entity has been established.
13. Bike Racks. The project should include one Class 2 bicycle parking
space (Class 2 parking facilities include bicycle racks to which the
frame and at least one wheel can be secured with a user-provided lock).
14. Fencing. A concrete wall shall be installed along the rear property line
which is consistent with the existing concrete wall at 12280 Saratoga-
Sunnyvale Road.
15. Site Circulation: Stop signs are to be installed from the parking lot to
the shared driveway. A double yellow line shall be installed at the
shared driveway from the sidewalk to the parking lot entrances.
16. Landscaping: The applicant shall coordinate with the adjacent
residential neighbors regarding the specific selection of shrubs and trees
to be planted adjacent to the rear (eastern) property line for the purpose
of enhancing privacy. The agreed upon list of shrubs and trees shall be
approved by the City Arborist and is to be included on the landscape
plan submitted for building permit. The landscaping adjacent the rear
property line shall be planted at the earliest possible time prior to project
completion.
17. Utility Screening: All utilities including transformers, standpipes, and
backflow preventers shall be screened from off-site views prior to
building permit final.
18. Trees: A minimum of two trees shall be planted in the driveway
216
Resolution No. 15-039
Trees shown on
Plans.
Shown on Plans.
Acknowledged.
Acknowledged.
Acknowledged.
Acknowledged.
landscape islands located adjacent to the residential garages.
19. Privacy Screening: Trees shall be planted along the southern property
line and behind the residential units to reduce privacy impacts to the
commercial building located at 12280 Saratoga-Sunnyvale Road.
20. Fire Lanes: Fire lane markings shall be required for the driveway area
per City of Saratoga and Santa Clara County Fire Department
specifications.
21. Retail Building Windows: All exterior windows of the retail building
shall have a consistent architectural style and are subject to review and
approval by the Community Development Director prior to building
permit submittal.
22. Final Map: The final map shall be approved and recorded prior to
building permit issuance.
CITY ARBORIST
23. Existing Trees. The applicant intends to maintain the existing Chinese
Pistache street trees. A tree protection plan and arborist report for these
trees shall be reviewed by the City Arborist prior to issuance of building
permits. Any conditions of the Arborist approval related to fees or deposits
for tree protection or replacement shall be met prior to submittal of a
building permit or during construction, as required.
24. Tree Removals: The Planning Commission has approved the removal
of the six pines along the rear property line and replacement with new
trees. The property owner is to set up an arborist deposit account and a
obtain tree removal permit prior to removing these trees. The trees shall
be replaced on site according to good forestry practices, and shall
provide equivalent value in terms of aesthetic and environmental
quality, size, height, location, appearance and other significant
beneficial characteristics of the removed trees At least six trees from 24
inch box containers shall be planted in this same general area to replace
the removed pines. They shall reach a height at maturity of 20 feet or
more depending on their distance from the power lines. In addition to
replacement trees, shrubs that provide screening for the neighbors shall
be planted along the rear of the property behind the new trees. The
screening shrubs shall be from 15-gallon containers, shall be evergreen,
and shall reach a height of 12 feet when mature.
PUBLIC WORKS
217
Resolution No. 15-039
Survey
completed, Map
submitted.
All submitted.
Fees paid.
Monument
security
furnished.
Acknowledged.
25. Property Survey. Prior to submittal of the Final Map to the Public Works
Department for examination, the owner (applicant) shall cause the
property to be surveyed by a Licensed Land Surveyor or an authorized
Civil Engineer. The submitted map shall show the existence of a
monument at all external property corner locations, either found or set.
The submitted map shall also show monuments set at each new corner
location, angle point, or as directed by the Public Works Department, all in
conformity with the Subdivision Map Act and the Professional Land
Surveyors Act.
26. Submittal Requirements. The owner (applicant) shall submit four (4)
copies of a Final Map in substantial conformance with the approved
Tentative Map, along with the additional documents required by Section
14-40.020 of the Municipal Code, to the Public Works Department for
examination. The Final Map shall contain all of the information required
in Section 14-40.030 of the Municipal Code and shall be accompanied by
the following items:
a. One copy of map checking calculations.
b. Preliminary Title Report for the property dated within ninety (90) days
of the date of
submittal for the Final Map.
c. One copy of each map referenced on the Final Map.
d. One copy of each document/deed referenced on the Final Map.
e. One copy of any other map, document, deed, easement or other
resource that will facilitate the examination process as requested by the
Public Works Department.
27. Map Checking Fees. The owner (applicant) shall pay a Map Checking
fee, as determined by the Public Works Director, at the time of submittal
of the Final Map for examination.
28. Monuments. Interior monuments shall be set at each lot corner either
prior to recordation of the Final Map or some later date to be specified on
the Final Map. If the owner (applicant) chooses to defer the setting of
interior monuments to a specified later date, then sufficient security as
determined by the Public Works Director shall be furnished prior to Final
Map approval, to guarantee the setting of interior monuments.
29. Encroachment Permit Requirement. The owner (applicant) shall obtain
an Encroachment Permit from the City of Saratoga for any and all
improvements in the City right-of-way or City easement prior to
commencement of the work. The owner (applicant) shall replace sections
of sidewalk and/or curb and gutter as determined during the Encroachment
Permit issuance.
218
Resolution No. 15-039
Shown on Final
Map.
Acknowledged.
Acknowledged.
Fees paid.
Acknowledged.
Improvement
Plans submitted.
Fees paid.
Agreement
Signed.
30. Dedication. The owner (applicant) shall provide Irrevocable Offers of
Dedication for all required easements and/or rights-of-way on the Final
Map, in substantial conformance with the approved Tentative Map, prior
to Final Map approval. Private Storm Drain Easement(s) shall be shown
on the Final Map for areas with proposed storm drain system(s). 10-foot
wide Public Service Easement shall be shown on the Final Map along
Saratoga-Sunnyvale Road property frontage.
31. Utilities. Prior to Final Map approval, the owner (applicant) shall furnish
the Public Works Department with satisfactory written commitments from
all public and private utility providers serving the subdivision
guaranteeing the completion of all required utility improvements to serve
the subdivision.
32. Permits. The owner (applicant) shall secure all necessary permits from
the City and any other public agencies, including public and private utility
providers, prior to commencement of subdivision improvement
construction. Copies of permits other than those issued by the City shall
be provided to the Public Works Department.
33. Park and Recreation Fee. The owner (applicant) shall pay the applicable
Park and Recreation Development fees prior to Final Map approval.
34. Best Management Practices. All building and construction related
activities shall adhere to New Development and Construction - Best
Management Practices as adopted by the City for the purpose of
preventing storm water pollution.
35. Engineered Improvement Plan. The owner (applicant) shall submit
engineered improvement plans to the City Engineer in conformance with
the approved Tentative Map and in accordance with the design and
improvement requirements of Chapter 14 of the Municipal Code. The
improvement plans shall be reviewed and approved by the City Engineer
and the appropriate officials from other public agencies having
jurisdictional authority, including public and private utility providers, prior
to approval of the Final Map.
36. Subdivision Improvement Plan Fee. The owner (applicant) shall pay a
Subdivision Improvement Plan Checking fee, as determined by the Public
Works Director, at the time Improvement Plans are submitted for review.
37. Improvement Agreement. The owner (applicant) shall enter into an
Improvement Agreement with the City in accordance with Section 14-
60.010 of the Municipal Code prior to Final Map approval.
219
Resolution No. 15-039
Securities
provided.
Proof of
Insurance
Provided.
Shown on
Improvement
Plans.
Completed.
Acknowledged.
38. Improvement Securities. The owner (applicant) shall furnish
Improvement Securities in accordance with Section 14-60.020 of the
Municipal Code in the manner and amounts determined by the Public
Works Director prior to Final Map approval.
39. Indemnification. The owner (applicant) shall furnish a written indemnity
agreement and proof of insurance coverage, in accordance with Section
14-05.050 of the Municipal Code, prior to Final Map approval.
40. Stormwater Treatment. The owner/applicant shall provide the Director
of Public Works with a plan describing how owner/applicant will
implement all Best Management Practices (BMPs) and other measures
required to reduce the stormwater runoff impacts of the project, as
described in and required by the City's NPDES Municipal Regional
Stormwater Permit, Order R2-2009-0074 (as amended by Order R2-2011-
0083) (“NPDES Permit”). The measures included in this plan shall
include, but are not limited to, construction site control measures, plans for
storm drain stenciling, and landscaping measures. This plan must be
approved by the Director of Public Works prior to final map approval. The
owner/applicant shall enter into a Stormwater Maintenance Agreement,
which shall contain all of the provisions required by the NPDES Permit
and provide a funding mechanism(s), satisfactory in form and content to
the Director of Public Works, to ensure permanent funding for the
maintenance of the stormwater treatment systems or hydro modification
controls developed on the property as well as inspection and reporting.
Upon owner/applicant's request, the City will initiate proceedings to create
an assessment district, which, if approved, shall be a satisfactory funding
mechanism for this maintenance, inspection, and reporting.
41. Landscape/Lighting District. The Property is included in existing
Landscape and Lighting Assessment District No. 1. Landscape and
Irrigation plans for the property frontage along Saratoga-Sunnyvale Road
shall be submitted as part of the Improvement Plans.
42. NPDES Permit. Prior to beginning of construction, the applicant shall
file a Notice of Intent (NOI) with the Regional Water Quality Control
Board, if required, to obtain coverage under the State General
Construction Activity NPDES Permit. Satisfactory evidence of the filing
of the NOI shall be furnished to the City. The applicant shall comply with
all provisions and conditions of the State Permit, including preparation and
implementation of a Storm Water Pollution Prevention Plan (SWPPP), if
required. Copies of the SWPPP shall be submitted to the City prior to
beginning of construction and maintained on site at all times during
construction.
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
1
EXHIBIT A
237
2
EXHIBIT A (cont’d)
238
239
240
241
242
243
244
245
246
247
248
249
3
EXHIBIT E
FORM # CG 20 10 11 85
POLICY NUMBER: _______ COMMERCIAL GENERAL AND
AUTOMOBILE LIABILITY
______ ERRORS AND OMISSIONS
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY:
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
_______ COMMERCIAL GENERAL LIABILITY COVERAGE PART:
______ ERRORS AND OMISSIONS COVERAGE PART:
SCHEDULE:
Name of Person or Organization:
City of Saratoga and its officers, employees and/or agents
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of “your work” for that insured
by or for you.
SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF OWNER
AND GENERAL CONTRACTOR SHALL BE PRIMARY INSURANCE AS RESPECTS TO
ANY CLAIMS, LOSSES, OR LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM
THE CONTRACTOR’S OPERATIONS AND ANY OTHER INSURANCE MAINTAINED BY
OWNER AND GENERAL CONTRACTOR SHALL BE EXCESS AND NOT CONTRIBUTORY
WITH THE INSURANCE PROVIDED HEREUNDER.
250
4
EXHIBIT F
ACKNOWLEDGMENT OF DISCLOSURE UNDER SECTION 24 TO THE ATTACHED
SUBDIVISION IMPROVEMENT AGREEMENT
I, _______________________________ (name of purchaser of parcel of property in the
subdivision known as ________________________, referred to as APN ______________, and
described more fully in Exhibit “1” to this Exhibit E), do hereby acknowledge that
______________ (Developer), has fully informed me of my responsibilities under the attached
Subdivision Improvement Agreement. I understand that such Agreement shall be binding upon me
and on my successors and assigns. I further understand that by purchasing a parcel of land created
by the underlying subdivision reference above, I have certain obligations created by this
Agreement, which are binding upon me and on my successors and assigns. I have received a copy
of the Agreement executed between the City of Saratoga and Developer and understand the
responsibilities imposed on me by the Agreement.
IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser as set forth below.
PURCHASER:
Date: __________________________________
By: ___________________________________
Name: _________________________________
Its: ____________________________________
568448.1
251
SARATOGA CITY COUNCIL
MEETING DATE: February 17, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Mary Furey
SUBJECT: Audit Services Contract Extension
RECOMMENDED ACTION:
Authorize the City Manager to approve Chavan & Associates audit services contract extension for the two
option years to audit the City’s FY 2015/16 and FY 2016/17 financial records.
REPORT SUMMARY:
The Government Finance Officers Association (GFOA) guidelines have long recommended governmental
entities undertake a full-scale competitive process for the selection of independent auditors, and that
agencies should enter into multi-years contracts of at least five years. Multi-year contracts were
recommended for continuity; to provide the auditor opportunity for enhanced breadth and depth of review;
and to reduce audit contract costs as auditors would have a longer period to re-coup initial start-up costs.
With those guidelines, The City structured the audit contract in the typical format for a three year term with
two option years, covering FY 2012/13 – FY 2014/15, and option years FY 2015/16 and FY 2016/17. To
ensure the City’s preferred audit time is booked on the auditor’s schedule, the City Manager will need to
exercise the extension option and submit to the auditor within the next several weeks.
The City’s Finance Committee has noted the high level of competency obtained with Chavan & Associates,
and City staff have been very pleased with the audit staff’s efficiency, follow-through, and self-
containment. Chavan & Associates efficiency has far surpassed other audit firms the City has worked with
previously. Chavan staff walks in the door prepared, is able to obtain needed documents and information
in an unobtrusive manner, and most importantly, City finance staff does not having to spend time providing
duplicate information or training the audit firm’s staff on accounting reports and procedures. Their senior
staff take ownership of both their staff’s skills and the audit documentation needs. In addition, the Audit
Partner is on site for a portion of the audit to facilitate the audit process. This all leads to a better controlled
audit, and a faster turnaround of year-end financial reports.
With this high level of satisfaction, staff is recommending Council authorize the City Manager to approve
the Chavan & Associates audit services contract option for the two option years.
FISCAL IMPACT:
Annual funding for audit services is included in the operating budget each fiscal year.
252
SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:Community Development Department
PREPARED BY:Erwin Ordoñez, Community Development Director
SUBJECT:Ordinance Amending Saratoga City Code Regarding Article 15-47 (Water
Efficient Landscaping)
RECOMMENDED ACTION:
1.Conduct a public hearing.
2.Introduce and waive the first reading of the ordinance.
3.Direct staff to place the ordinance on the agenda of the March 16, 2016 Regular City
Council Meeting for adoption.
BACKGROUND:
On November 19, 2014, the City Council adopted a Zoning Ordinance Amendment to implement
a water conservation ordinance to replace the State’s Model Water Efficient Landscaping
Ordinance which was originally adopted in 2010.
On May 20, 2015, Council reviewed the impacts of the recent Statewide Drought Emergency
declared by the Governor and directed the Planning Commission to review the Water Efficient
Landscape Ordinance and develop recommendations for its update. The Council asked the
Commission to consider the current drought conditions and recommendations that would allow
Saratoga residents to comply with the State’s requirements but not represent significant increases
to time, cost, or effort.
After Council’s direction, and the Governor’s drought emergency Executive Order (B-29-15),
the California Water Commission revised the State’s Model Water Efficient Landscape
Ordinance (MWELO) and increased water efficiency standards for new and retrofitted
landscapes by requiring more efficient systems, allowing greywater usage, allowing onsite storm
water capture and limiting new or significantly modified landscapes that can be covered in turf.
The Planning Commission held three study sessions based on Council’s direction (August 26,
2015, September 22, 2015 and October 27, 2015) and a public hearing on January 13, 2016 to
review this matter.
253
The Draft Ordinance recommended by the Planning Commission is attached. Text to be added is
indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout).
The State adopted MWELO became effective on December 1, 2015. The State’s model
ordinance is currently in effect until such time a jurisdiction adopts a revised WELO.
DISCUSSION:
Based on City Council’s direction, the Planning Commission’s input, public comments and
direction from the State, the attached draft Ordinance:
•Reduces the project threshold size for landscape projects that must comply with the
ordinance as follows:
a)Reduces project threshold size from 2,500 square feet to 500 square feet for new
residential, commercial, industrial and institutional development projects.
b)Reduces project threshold size from 5,000 square feet to 500 square feet for new
homeowner provided or hired single family and multi-family projects.
•Limits new lawn area in commercial settings to specific functional uses such as
recreation and public assembly.
• Allows for implementation of and incentives for graywater and rainwater retention
systems.
•Requires more efficient irrigation systems.
• Allows onsite storm water capture.
•Reduces landscape areas with high water use plants - establishes residential and
nonresidential water use formulas.
•Requires minimum width of overhead irrigated areas to be increased from 8 feet to 10
feet.
•Maintains availability of Prescriptive Checklist Option for new landscapes under 2,500 sq
ft, which is consistent with Saratoga’s current streamlined process and is less
cumbersome than the MWELO water allowance calculations.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The public hearing was properly noticed in a newspaper with general circulation.
ENVIRONMENTAL DETERMINATION:
These proposed amendments and additions to the City Code relating to the regulation of Water-
Efficient Landscapes are Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §15000 and
following), including but not limited to the following:
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254
(a)CEQA Guideline section 15307 which includes activities that enhance or protect a natural
resource and which applies to regulatory actions, such as these ordinance amendments, taken to
preserve natural resources; and
(b)CEQA Guideline section 15061(b)(3) which provides that CEQA applies only to projects
which have the potential of causing a significant effect on the environment, and that where, as
here, it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA.
ATTACHMENTS:
1.Ordinance
2.Staff Report – Planning Commission, for the meeting of December 9, 2015
255
ORDINANCE __________
AN ORDINANCE UPDATING AND AMENDING THE SARATOGA CITY CODE
REGARDING WATER EFFICIENT LANDSCAPING
Findings
1.The City of Saratoga wishes to update and amend the City Ordinance on Water Efficient
Landscaping.
2.The updates in this ordinance affect provisions of the City’s Water Efficient Landscaping
regulations. The updates and amendments were considered by the Planning Commission
of the City of Saratoga and the Planning Commission has, after a duly noticed public
hearing on January 13, 2016, recommended adoption of these updates and amendments to
the Water Efficient Landscaping Ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on February
17, 2016 and after considering all testimony and written materials provided in connection
with that hearing, introduced this Ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is updated and amended as set forth below.
Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted
is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this Ordinance.
Article 15-47 - WATER-EFFICIENT LANDSCAPING
15-47.010 - Purpose of Article.
The purpose of this Article is to reduce water waste in landscaping by promoting the use of
region-appropriate plants that require minimal supplemental irrigation, and by establishing
standards for irrigation efficiency. This Article implements the California Water Conservation in
Landscaping Act.
15-47.015 - Applicability.
(a)The provisions of this Article shall not apply to the following projects or uses:
(1) Any new or rehabilitated landscapes that do not require a building or landscape
permit, plan check or design review;
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256
(2) Any rehabilitated landscape area that is less than or equal to 2,500 square feet;
(3) Any new landscapes less than five hundred square feet;
(4) Registered local, state or federal historical sites where landscaping establishes a
historical landscape style, as determined by the City Council;
(5) Surface mine reclamation projects that do not require a permanent irrigation
system;
(6) Ecological restoration projects that do not require a permanent irrigation system;
(7) Existing plant collections, as part of botanical gardens and/or arboretums open to
the public; or
(8) Agricultural and horticultural commerce (e.g. commercial activities such as
farming of grains, wine grapes, vegetables, fruit and nut trees and other
agricultural crop production: greenhouses; nurseries; and floriculture facilities.
(1)New construction and rehabilitated landscapes for public agency projects and private
development projects with a landscape area equal to or greater than two thousand five
hundred square feet requiring a building or landscape permit, plan check or design
review;
(2) New construction and rehabilitated landscapes which are developer-installed in single-
family and multi-family projects with a landscape area equal to or greater than two
thousand five hundred square feet requiring a building or landscape permit, plan check,
or design review;
(3) New construction landscapes which are homeowner-provided and/or homeowner-hired
in single-family and multi-family residential projects with a total project landscape area
equal to or greater than five thousand square feet requiring a building or landscape
permit, plan check or design review;
(4) Any new or rehabilitated cemetery shall be subject to a water budget (Section 15-
47.030).
(5) Any existing landscape area larger than one acre, including a cemetery, shall be subject
to Section 15-47.070.
(b)Table defining applicability thresholds. The provisions of this Article shall not apply to all
projects or uses, that do not meet criteria for exemption in Section 15-47.015(a):
(1) Registered local, state or federal historical sites where landscaping establishes a
historical landscape style, as determined by the City Council;
(2) Surface mine reclamation projects that do not require a permanent irrigation system;
(3) Ecological restoration projects that do not require a permanent irrigation system;
(4) Community gardens or plant collections, as part of botanical gardens and/or arboretums
open to the public; or
(5) Agricultural and horticultural commerce (for example, commercial activities such as
farming of grains, wine grapes, vegetables, fruit and nut trees and other agricultural
crop production; greenhouses; nurseries; and floriculture facilities).
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257
Type of Project
or Use
Criteria Threshold Compliance Requirements
Small
Project or Use
Installing Small
New Landscape
Area
500 to
2,500 sq ft
Water Budget Option* or
Streamlined Option**
Large
Project or Use
Installing New
Large Landscape
Area
>2,500 sq ft Water Budget Option*
Re-landscaping
Project or Use
Rehabilitating
Existing
Landscape Area
>2,500 sq ft Water Budget Option*
Small Project
or Use with
Graywater or
Rainwater
Irrigation
Meets Landscape
Water Budget
Requirements
with Graywater
or Rainwater
Capture System
500 to
2,500 sq ft
Water Budget Option* or partial
Streamlined Option** (Per
Section
15-47.020(c)(1))
Large Project
or Use with
Graywater or
Rainwater
Irrigation
Use of Graywater
or Rainwater for
Large Landscape
Area
>2,500 sq ft Water Budget Option*
Cemetery
Project
Cemeteries, New
or Rehabilitated
All
Cemeteries
Partial compliance (Per Section
15-47.020(c) and 15-47.030)
Existing Large
Landscape
Areas
Installed prior to
December 1, 2015
that does not
meet above
criteria
>one acre Partial compliance (Per Section
15-47.070)
*Full Compliance Option
** Prescriptive Compliance Option pursuant to Appendix D of the State Model
Water Efficient Landscape Ordinance
15-47.020 - Demonstration of landscape water efficiency.
Unless otherwise specified in this Article, each project or use to which this Article is
applicable shall demonstrate that the landscape area complies with subsection (a), (b), or (bc ) or
(d) of this Section:
(a)Plant type restriction. The applicant shall submit for Community Development
Department approval a completed water efficient landscape worksheet (Section 15-
47.020(b)(1)) and landscape and irrigation design plan (Section 15-47.040)
demonstrating that at least eighty percent of the plants in the landscape area are native or
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258
low water-use, and that the turf area does not exceed one thousand two hundred fifty
square feet, or twenty-five percent of the total landscape area whichever is less; or
Small Project or Use - Streamlined Option. For each project or use with an
aggregate landscape area of less than or equal to 2,500 sq. ft., the applicant may
submit for Community Development Department approval a landscape and
irrigation design plan which conforms to the Prescriptive Compliance Option,
Appendix D of the State Model Water Efficient Landscape Ordinance. In order to
use the Streamlined Option, the applicant must demonstrate the following:
(1) For a residential area at least seventy-five percent of the landscape
area is native or low water use plants. Turf shall be less than twenty-five
percent of the landscape area.
(2) For a commercial area one hundred percent of the landscape area is
native or low water use plants. Turf is not permitted in the landscape area.
(b)Water budget restriction. Large Project or Use/Rehabilitated Landscape Project -
Water Budget Option. For each project or use that requires full compliance
pursuant to Section 15-47.015(b), Tthe applicant shall submit for Community
Development Department approval the following completed documents demonstrating
that the estimated total water use (ETWU) of the landscape area will not exceed the
maximum applied water allowance (MAWA):
(1)Water-efficient landscape worksheet, as provided by the Community Development
Department; and
(2)Water budget in compliance with the standards in Section 15-47.030; and
(3)Landscape and irrigation design plan in accordance with Section 15-47.040; and
(4)Certificate of completion. A certificate of completion, on such forms as may be
prescribed, shall be filed with the Community Development Department prior to
final building permit approval; and
(5)Landscape plan check fee. Fees for review and processing of required documents,
as set forth in the fee schedule adopted by the City.
(c) Project or Use with Graywater or Rainwater Irrigation Pursuant to Section 15-
47.015(b) – Water Budget or Partial Streamlined Option.
(1)For a project or use using treated or untreated graywater or rainwater
captured on site, any parcel within the project that has less than or equal to
2,500 square feet of landscape and meets the parcel’s landscape water
requirement (Estimated Water Use) entirely with treated or untreated
graywater or through stored rainwater captured on site is subject only to
Appendix D Section (b)(5) of the State Model Water Efficient Landscape
Ordinance, available at the Community Development Department.
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(2)For a project or use using treated or untreated graywater or rainwater
captured on site, any parcel within the project that has more than 2,500 square
feet of landscape shall be subject to a water budget pursuant to Section 15-
47.030 and shall submit for Community Development Department approval
completed documents referenced in Section 15-47.020(b) demonstrating that
the estimated total water use (ETWU) of the landscape area will not exceed the
maximum applied water allowance (MAWA).
(d) Other Projects Pursuant to Section 15-47.015(b) – Partial Compliance.
(1)Any new or rehabilitated cemetery shall be subject to a water budget pursuant
to Section 15-47.030 and shall submit for Community Development
Department approval completed documents referenced in Section 15-47.020(b)
demonstrating that the estimated total water use (ETWU) of the landscape
area will not exceed the maximum applied water allowance (MAWA).
(2) Any existing landscape area larger than one acre, including a cemetery, shall
comply with Section 15-47.070.
15-47.030 - Water bBudget sStandards (Water Budget Option Requirements).
If the applicant elects to comply complies with Article 15-47 by means of the "water
budget" restriction option, a water budget is required, which shall satisfy the following
requirements:
(a)The water budget must be completed by a certified professional who is authorized by
the State of California to complete a water budget.
(b)The maximum applied water allowance (MAWA) (gallons per year) shall be calculated
using the equations set forth below:
Standard MAWA = (ETo) (0.62) [(0.7 ETAF x LA) + (0.3 1-ETAF) x SLA)]
Where:
ETo = Reference Evapotranspiration (inches per year)
ETAF = ET Adjustment Factor (Section 15-47.030(e))
0.62 = Conversion Factor (acre-inches to gallons per year)
0.7 = Reference Evapotranspiration Adjustment Factor (ETAF)
LA = Landscape Area including SLA (square feet)
0.3 = Additional Water Allowance for SLA
SLA = Special Landscape Area (square feet)*
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*Special Landscape Area (SLA) means an area of the landscape dedicated solely to
edible plants, recreational areas, areas irrigated with recycled water, or water features
using recycled water.
(c)The estimated total water use (ETWU) (gallons) shall be calculated using the equations
set forth below:
+=SLAIE
HAxPFEToETWU)62.0)((
Where:
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS
HA = Hydrozone Area [high, medium, and low water use areas](square feet)*
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.705 for overhead spray devices and 0.81 for drip systems)
*Hydrozone area means a portion of the landscaped area having plants with similar
water needs and rooting depth. A hydrozone area may be irrigated or non-
irrigated.
(d)The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA.
(e)The reference evapotranspiration adjustment factor (ETAF) for new and existing (non-
rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for the
remaining landscaped area shall not exceed 0.755 for residential areas and 0.45 for
nonresidential areas.
(f)The plant factor used shall be:
(1) fFrom the Water Use Classification of Landscape Species (WUCOLS), hereby
adopted by reference as published by the University of California Cooperative
Extension, the Department of Water Resources and the Bureau of Reclamation and
kept on file at the Community Development Department; or
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(2)From horticultural researchers with academic institutions or professional
associations as approved by the California Department of Water Resources
(DWR).
(g)Each water feature shall be included in the high water use hydrozone.
(h)Each special landscape area (SLA) shall be identified, and its water use included, in the
water budget calculations.
(i)Irrigation system efficiency shall be greater than or equal to seventy- five percent for
overhead spray devices and eighty-one percent for drip system devices .
(j)A project applicant may consider effective precipitation (twenty-five percent of annual
precipitation) in tracking water use and may use the alternative MAWA equation set
forth below:
Alternative MAWA for Residential Areas = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.345 x
SLA)] where ETAF = 0.3
Alternate MAWA for Non-Residential Areas = (ETo – Eppt) (0.62) (0.45 x LA) + (0.55 x
SLA)
15-47.040 - Landscape and irrigation plan.
(a)The landscape and irrigation plan shall be prepared by, and bear the signature of, a licensed
landscape architect, licensed landscape contractor, or that of a certified or authorized
professional who is authorized by the State of California to complete a water budget, and
shall contain the following statement: "I have complied with the criteria of the City of
Saratoga Water Efficient Landscape Ordinance currently in effect and applied them for the
efficient use of water in the Landscape and Irrigation Plan."
(b)The landscape and irrigation plan shall constitute an exhibit to, and contain all information
required on, the water efficient landscape and irrigation plan checklist, developed by the
Community Development Department, as necessary to demonstrate compliance with Article
15-47, and shall at a minimum:
(1)Identify type and location of all irrigation systems, meters, automated controls, separate
valves, hours of operation, and efficiency levels. Irrigation systems are required to
have pressure regulators and master-shut off valves.
(2)Identify type and location of all plant material, turf and non-turf areas, and mulching.
Turf shall be less than twenty-five percent of the landscape area in residential
areas and there shall be no turf in nonresidential areas.
(3)Identify all hydrozones and special landscape areas including square footage of each
separate hydrozone.
(4)Identify all hardscapes and water features.
(5)Identify all low impact development (LID) site design measures as required to comply
with any and all stormwater management requirements established by law.
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(6)Identify all grading contours and quantities, as applicable. Turf shall not be planted on
sloped areas which exceed a slope of one foot vertical elevation change for every
four feet of horizontal length.
(7)Identify all dedicated landscape water meters or submeters, which shall be required for
all non-residential irrigated landscapes areas greater than one thousand square feet
or greater and residential irrigated landscapes greater than five thousand square feet,
except for those installations where irrigation water is provided by an individual on-site
well. Flow sensors that detect and report high flow conditions due to broken pieces
and/or popped sprinkler heads are required for landscape areas greater than 5,000
square feet.
(8)Irrigate with subsurface irrigation or other means that produce no runoff or
overspray for all areas less than ten feet in width in any direction. Identify all
subsurface irrigation or low volume irrigation system(s) which shall be required for
narrow or irregularly shaped areas, including turf, less than eight feet in width in any
direction. Turf is prohibited in parkways less than ten feet wide unless the parkway
is adjacent to a parking strip and used to enter and exit vehicles.
(9)For established landscapes that have dedicated irrigation meters, the maximum applied
water allowance (MAWA) shall be calculated as follows:
Audited MAWA = (ETo) (0.62) (LA) (0.8) where ETAF = 0.8
(10) Identify any applicable graywater discharge piping system components and areas
of
distribution.
15-47.050 - Landscape and irrigation maintenance.
As to each project or use to which this Article 15-47 is applicable, each landscape area shall
be maintained in compliance with the standards in Article 15-47 to ensure water use efficiency,
including by inspection; adjustment and repair of the irrigation system and its components;
aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in each
landscape area; and removing obstructions to emission devices.
15-47.060 - Stormwater management and Rainwater Retention.
Stormwater best management practices shall be implemented into each project landscape
and irrigation plan and each project grading design plan to minimize runoff and to increase on-
site rainwater retention and infiltration and be consistent with any and all stormwater
management requirements established by law.
15-47.070 - Provisions for existing landscape areas over one acre in size.
Each property owner of a property containing landscape area(s) over one acre in size, that
were installed prior to adoption of the ordinance codified in this Article, and do not otherwise
meet the applicability criteria of Section 15-47.015, shall:
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(a)Cooperate with their water purveyors who may provide water waste prevention
recommendations resulting from a landscape irrigation water use analysis, landscape
irrigation audit, and/or landscape irrigation survey.
(b)Maintain irrigation levels not exceeding the standard MAWA equation if the site has a
water meter.
(c) Attain to the greatest extent practicable, taking into account the limitations of the
existing irrigation system and if necessary by retrofitting sprinkler heads, a minimum of
0.7 lower quarter distribution uniformity for contiguous turf areas that are one acre or
more in area.
15-47.080 - Penalties.
Any violation of this Article shall be subject to enforcement in accordance with the terms
thereof and in addition to any other rights and remedies available to the City under Chapter 3 of
this Code by reason of the same violation.
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SARATOGA CITY COUNCIL
MEETING DATE: February 17, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Mary Furey
SUBJECT: FY 2015/16 Mid-Year Budget Status Report and Budget Adjustment Resolution
RECOMMENDED ACTION:
Review the FY 2015/16 budget status report and proposed budget adjustments, and adopt the attached
resolution approving the City’s FY 2015/16 mid-year budget amendments.
REPORT SUMMARY:
General Fund Revenues
After a mid-year assessment, projections indicate General Fund revenues will again significantly exceed
budget. This surplus will come from a number of sources, including Property Tax, Sales Tax, various
city based taxes, and assorted operational functions. The largest source of revenue surplus will come
from Property Taxes ($538,000 over budget). With the reinstatement of TEA Property Tax funding, the
City will receive approximately $140,000 more in this first year, (20% of the TEA shortfall), with
revenues increasing in 20% increments over the following four years until the City is returned to the full
7% TEA funding level. In addition, property turnover in the City has resulted in an additional $100,000
over budget in Document Transfer Tax revenue and assessed valuation increases contributed another
$250,000 over budget. The City will receive a one-time ERAF allocation of approximately $50,000 this
year from the State’s educational fund surplus.
Sales Tax will end the year roughly $226,000 higher than anticipated due to both an increased level of
taxable sales, and a one-time true-up payment with the close of the State’s Triple Flip. The end of the
Triple Flip means the City will again receive the full 1 cent of the 8.75 cents our citizens pay on their
taxable sales in Saratoga. The Triple Flip temporarily swapped Property Tax dollars for Sales Tax
dollars (as well as permanently swapping vehicle license fee revenue for property tax revenue) to allow
the State to purchase bonds during the economic downturn of FY 2004/05. With the bonds paid off, the
temporary Sales Tax/Property Tax funding swap ends, and the State will reallocate funding sources back
to their original source and timing. The timing change results in a one-time pay-out of around $160,000
of Sales Tax revenue.
Other notable budget surplus revenue is expected to come from higher than expected Solid Waste fees
($35,000), Plan Check fees ($100,000), Subdivision fees ($26,000), and State Mandate reimbursements
($34,000), as well as a number of small revenue upticks, and most remarkably, a long awaited interest
income increase. However, these surpluses are offset in part by unexpected Building Permit and Use
Permit shortfalls ($109,000). Revenue increases on the planning side suggests this shortfall is more of a
timing difference than a decreasing revenue stream. 283
General Fund Expenditures
On the expenditure side, operations are going along as planned, so only limited variances are expected
between budget and actuals. Even with staff turnover of two positions, consultant and temporary staff
backfill will be funded by current year budget allocations, and operational program savings will help to
balance out any areas where there are overages. The remaining expenses, for Public Safety services,
grant awards, and Internal Service Fund support charges are very predictable and in line with their
budgets. In summary, there are no General Fund mid-year expenditure budget adjustments requests. The
City expects to end the year $200,000 plus under the expenditure budget due to conservative spending
practices.
Other Funds
The remaining operating funds, including the 26 Landscape and Lighting District Funds, 9 Internal
Service Funds, and 1 Debt Service Fund are more limited in focus, and therefore typically operate within
restricted financial resources. Financial activity is more structured, and workload and expenses do not
fluctuate significantly with changes in the economy. Revenues and expenditures are determined at
budget adoption, and as a result, financial activity generally follows along a planned path.
Capital Funds
While capital project funds are structured to reflect a particular body of work and can be very precise,
many capital projects include unknown factors and estimates at the time a budget is prepared and adopted
that may subsequently require changes in funding or timing. This year, there are a few budget
adjustments requested:
Quito Road Bridges
The Quito Road Bridge Replacement project has moved from the initial design work of Phase I, into the
Right of Way Acquisition work in Phase II. Together with Los Gatos and the Santa Clara Valley Water
District, the City of Saratoga entered into a cooperative funding agreement to provide $45,880 in
matching funds to a $354,120 Department of Transportation grant to complete Phase II on this project.
Council has already approved acceptance of the grant and agreement, however the project funding for a
total of $400,000 in revenues and expenditures must now be appropriated in the budget.
Hakone Gardens Upper Moon House Foundation Repairs / Infrastructure Improvements
The Hakone Gardens Upper Moon House Foundation Repairs CIP project received $125,000 of funding
in FY 2009/10. No work has been completed to date. While foundation improvements are needed, the
Hakone Foundation has determined there a number of higher priority projects that would make better use
of the funding. The proposed budget adjustment would both rename the project to Hakone Gardens
Infrastructure Improvements, and expand the project scope to include the numerous infrastructure and
maintenance projects listed on the attached CIP worksheet.
Theater Master Plan Improvements / Senior Center Restroom Improvements
After initial design work was completed, the Theater Master Plan Improvement capital project has
$39,700 of Capital Reserve funding and $77,472 of Community Development Block Grant (CDBG)
ADA funding remaining. As the project will not move forward in the near future, the Coun ty requested
the City repurpose the CDBG funds for another ADA project. Closing the Theater Improvement project
will both release the CIP Reserve funds and the CDBG grant. The CIP Reserves would go back to the
reserve, and the CDBG grant would be redirected to a new ADA compliant accessible restroom project at
the Saratoga Senior Center. The County has verbally agreed to reallocate the prior year CDBG funds,
and to allocate the new FY 2015/16 CDBG funds for this project.
The attached budget adjustment closes the Theater Master Plan and creates a new Senior Center ADA
Accessible Restroom CIP project, and then appropriates the prior year CDBG funding to this purpose.
The CDBG contract and new allocation will be brought to Council later this fiscal year. 284
The following schedule identifies all of the requested budget adjustments with item name, account
numbers, and amount:
Quito Road Bridges Budget Impact
Cooperative Agreement Funding
411.9152-00x 4xxxx 45,880
411.9152-00x 8xxxx 45,880
Federal HBBR Grant Funding
431.9152-00x 4xxxx 354,120
431.9152-00x 8xxxx 354,120
Hakone Gardens Upper Moon House Foundation (Title and Project Scope Change only )
New Title: Hakone Gardens Infrastructure Improvements
412.9222-004 4xxxx no $ change
412.9222-004 8xxxx no $ change
Theater Master Plan Improvements (Project Closed )
Eliminate CIP Reserve Fund expense appropriations
412.9322-010 8xxxx (39,700)
Eliminate CDBG revenue and expense appropriations
432.9322-010 4xxxx (70,100)
432.9322-010 8xxxx (70,100)
Senior Center Restroom Improvements (Project Opened )
Appropriate Prior Year CDBG Grant Funds in new project with updated amount
432.9322-01x 4xxxx 77,472
432.9322-01x 8xxxx 77,472
Proposed Capital Project Budget Adjustments
FISCAL IMPACTS:
Upon Council approval, the proposed revenue and expenditure CIP budget appropriations will be
amended.
ATTACHMENTS:
Attachment 1 – Budget Adjustment Resolution
Attachment 2 – Quito Road Bridges
Attachment 3 – Hakone Gardens Infrastructure Improvements
Attachment 4 – Senior Center ADA Restrooms
285
Attachment 1
RESOLUTION NO. 2016-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2014/15
TO ADJUST REVENUE AND EXPENDITURE APPROPRIATIONS TO REVISED LEVELS
WHEREAS, the City of Saratoga’s FY 2015/65 Operating and Capital Budget revenues and
expenditures were reviewed at mid-year and projected through year-end to determine estimated activity for
the fiscal year, and;
WHEREAS, it was determined that several capital projects required Council approved budgetary
adjustments for title, scope, and funding, and;
WHEREAS, the City Council desires to adopt revenues, expenditures, transfers, and/or use of
fund balance appropriations at the revised projection levels to reflect accurate planning levels, and;
WHEREAS, it is necessary to amend the City of Saratoga’s FY 2015/16 budget to adjust revenue
and expenditure appropriations where necessary to be in alignment with the revised projections;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
amends the Fiscal Year 2015/16 Operating and Capital Budget as described in the Council’s Mid-Year
Budget Status Report brought to Council on February 17, 2016;
AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director is
directed to record these changes into the City’s accounting records in accordance with appropriate
accounting practices.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 17th day of February, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Manny Cappello, Mayor
ATTEST:
_____________________________
Crystal Bothelio, City Clerk
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BRIDGE AND RETAINING WALL PROJECTS
Project Name Quito Road Bridges Phase II – ROW
Acquisition Project Number 9152-XXX
Department Public Works Project Manager John Cherbone
Description This project funds the fair market value acquisition of a minimal amount of right of way easements.
Location This project is located on two sections of Quito Road along the border of Saratoga and Los Gatos .
Project
Background
The California Department of Transportation (CalTrans) conducted a structural assessment of the two
bridges on Quito Road and rated them in need of replacement. Additionally, the bridges are not wide
enough to meet current CalTrans standards for roadway use.
This project will rebuild the bridges, bringing the bridge width into compliance with State roadway
standards, and ultimately increasing safety for people using Quito Road.
Both bridges pass over San Tomas Aquinas Creek, which flows from the San Francisco Bay in Santa
Clara, through San Jose, Campbell, Los Gatos, Monte Sereno, and heads in Saratoga. The two bridges
cross the San Tomas Aquinas creek along the city limits of Saratoga and Los Gatos, therefore the cities
of Saratoga and Los Gatos, along with the Santa Clara Valley Water District all share in the boundaries
and responsibilities of bridge maintenance. A cooperative agreement between the three agencies is in
place with Saratoga named as the lead agency.
Phase I of this project has been ongoing and is nearing completion. Phase II will fund the acquisition of
4,532 square feet of easements from three privately owned parcels adjoining the existing right of way, in
order to meet applicable bridge standards.
The second phase of the project is estimated to cost $400,000 with funding coming from local match
contributions from the three cooperating agencies totaling $45,880 and a Federal Highway Bridge
Replacement and Rehabilitation (HBBR) Program Grant in the amount of $354,120.
Operating
Budget
Impacts
Project management, engineering oversight and grant reporting staff costs for this project are incorporated
in the operating budget.
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Attachment 2
PARK & TRAIL PROJECTS
Project Name Hakone Gardens Infrastructure
Improvements
Project Number 9222-004
Department Public Works Project Manager John Cherbone
Description The Hakone Gardens Infrastructure Improvements project involves funding for various
infrastructure and maintenance improvements to the existing gardens.
Location Projects are located at various locations at Hakone Gardens, just outside of the Saratoga
Village at 21000 Big Basin Way, Saratoga.
Project
Background
The Hakone Foundation and staff worked together to identify a number of infrastructure and
maintenance projects in addition to the new improvements in the Master Plan. Below are
some examples.
Infrastructure Improvements
x Replace existing well pump for pond
x Implement pest control methods for all buildings
x Replace existing CEC deck railings
x Upgrade fixture upgrade with water saving fixtures
x Repair Auxiliary Gate, bottom of Bamboo Garden entrance
x Upper Pavilion Restoration
x Install pond filtration pump
Other maintenance projects requiring attention are those that would mitigate wood damage,
improve safety and electrical and lighting efficiencies.
Operating
Budget
Impacts
Staff time for project management and oversight is incorporated into the Operating Budget.
288
Attachment 3
1
UNFUNDED CAPITAL IMPROVEMENT PROJECTS
FACILITY IMPROVEMENT PROJECTS
Project Name Senior Center Restrooms
Project Number
Department Recreation & Facilities Project Manager Thomas Scott
Description
Design and construct ADA compliant accessible restrooms for the Saratoga Senior Center Restrooms
Location Community Center - 19655 Allendale Avenue, Saratoga, CA
Project
Background
The current public restrooms in the Senior Center are not accessible nor ADA compliant , therefore
not suitable for a Senior Center.
Prior and current year CDBG Grant funding is available to provide the necessary funds to renovate
the existing women and men’s restrooms and bring them into compliance.
Operating
Budget Impacts
Staff time spent overseeing the construction will be incorporated into the operating
budget. Maintenance costs are expected to decrease slightly as the new fixtures are more efficiently
cleaned, and less likely to need repairs.
289
Attachment 4
SARATOGA CITY COUNCIL
MEETING DATE:February 17, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:James Lindsay, City Manager
SUBJECT:Scope of the Traffic Safety Commission
RECOMMENDED ACTION:
Provide direction to staff.
BACKGROUND:
One of the priorities the City Council identified at the Annual Retreat on February 5 th was to
consider expanding the scope of duties for the Traffic Safety Commission to include reviewing
crime prevention strategies. Council Member Miller, seconded by Mayor Cappello, also
requested this discussion as a Council Item at the February 3, 2016 City Council meeting.
Prior to 2005, the Traffic Safety Commission was named the Public Safety Commission and had
a much broader scope than just focusing on traffic related issues. The additional scope of the
Commission previously included law enforcement, the fire districts, emergency preparedness,
and traffic safety. The Commission was staffed by an Assistant City Manager. The City Council
changed the structure of several City Commissions, including the Public Safety Commission, in
2005 in response to budgetary constraints (Attachment A).
DISCUSSION:
The TSC currently meets six times a year on the second Thursday of odd numbered months. The
Council could consider increasing the Commission’s meetings to every month and have the
meetings in even numbered months focus on crime prevention. This would allow the TSC to
continue working on traffic safety matters in odd numbered months. The City Council has a
joint meeting with the TSC on March 2, 2016 which would be a good time to discuss these
possible changes to their scope of work and meeting schedule.
ATTACHMENTS:
A. Resolution No. 05-032
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advice from the City Council and City Manager (or his designee) with respect
to financial matters, the use of fiscal resources, and the development of
technology for the City. The Finance Commission is currently defined as
consisting of seven members; effective June 1, 2005 the Finance Commission
shall consist of five members.
3. The Library Commission shall meet once each quarter. The Library
Commission is currently defined as consisting of seven members; effective
November 1, 2005 the Library Commission shall consist of five members.
4. The Parks and Recreation Commission shall suspend all operations and not
have any meetings until September 1, 2006. In light of this suspension, the
term of each member of the Parks and Recreation Commission shall be
extended by one year and that year shall not be considered in determining the
length of a term for the purposes of determining compliance with the
Commissioner term limits established in the City Code.
5. The Public Safety Commission shall be renamed as the Traffic Safety
Commission. The exclusive mission of the Traffic Safety Commission shall
be to investigate, review and analyze issues, and make recommendations to
the City Council and City staff regarding traffic safety. The Commission shall
work to increase awareness of, and attention to, the traffic safety needs of the
community by improving communications and involvement between the
community, and the City government on services, needs and programs. The
Traffic Safety Commission is currently defined as consisting of seven
members; effective June 1, 2005 the Traffic Safety Commission shall consist
of five members.
6. There is hereby established the Saratoga Pedestrian, Bicycle, and Equestrian
Trails Advisory Committee. The number of Committee members and their
terms shall be determined by the Public Works Director. Committee members
shall be appointed by the Public Works Director. The Pedestrian, Bicycle,
and Equestrian Trails Advisory Committee shall advise the Public Works
Director with respect to the planning, acquisition, development, and
maintenance of trails in Saratoga.
7. All City Commissions except the Planning Commission shall plan their
agendas in a manner designed to limit the expected duration of Commission
meetings to two hours or less. Agendas, staff reports, and other materials
shall be distributed electronically except in those cases where it is not
practical to do so and where distribution of physical copies is required by law.
8. The provisions of this resolution shall supersede any provisions of any prior
resolution that are in conflict with this resolution
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