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05-04-1998 Parks and Recreation CommissionSaratoga Parks and Recreation Commission Meeting Administrative Offices, City Hall 13777 Fruitvale Avenue, Saratoga Monday, May 4, 1998 7:30pm AGENDA i. ORGANIZATION A) Roll Call: Clabeaux, Crotty, Ioannou, Olsen, Swan, Whitney, Friedrich B) Report on Posting of the Agenda Pursuant to Government Code 54954.2 the agenda was properly posted on April 29, 1998 C) Approval of April 13, 1998 Minutes ii. ADMINISTRATION OLD BUSINESS A) Contract Negotiations - Playing Field User Groups (Update) B) Parks and Recreation Development Fund - Projects Update 1) Heritage Orchard - Friedrich 2) Takahashi Correspondence re: Kevin Moran Park 3) Community Center Improvements a) Direction from Council b) Response to Ms. Swan's Request c) CPRS Conference - Highlights from Commissioners iv. NEW BUSINESS A) Playfield Project Manager /Beals- Scope of Services & Fees B) Hakone Gardens - Propose to board reduced rate for residents v. COMMISSONER AND STAFF REPORTS A) Commissioner Reports B) City Hall Update - Irene Jacobs C) Recreation Department Status Report - Joan Pisani D) Park Maintenance Division Update - David Mooney SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: April 21, 1998 ORIGINATING DEPT.: City Manager .51 CITY MANAGER: ' Prepared By:L�r 1 �L SUBJECT: Recommendation from the Parks and Recreation Commission on fee structure changes for the use of Congress Springs Park by sports leagues RECOMMENDED MOTION(S): Enact a $12 per participant user fee in place of the current flat rate fee of $1,500 per season for the use of Congress Springs Park by organized sports leagues. Further negotiations on this issue should be held with the project manager retained by the City to establish joint - use agreements with sports leagues, schools and school districts for the maintenance of athletic fields scheduled to be built with Park Development Funds. REPORT SUMMARY: Recent History In December of 1997, City staff commenced negotiations with Saratoga Little League and American Youth Soccer Organization (AYSO) to renew their Use Agreements for Congress Springs Park which expire in March and May of this year respectively. The current agreements charge each organization a flat rate of $1,500 for the exclusive use of Congress Springs Park during their respective seasons; for Little League, February through July, and for AYSO, August through November. In light of recent budget problems and subsequent fee increases that have been enacted by the City across the board, staff had proposed an increase to the flat rate that both Little League and AYSO have been paying in an attempt to recover a greater share of the costs related to the maintenance of the sports fields at Congress Springs Park. Staff did reach a tentative agreement with Little League to pay a $12 per player fee the first year increasing to $15 for the next two years. At the time when this agreement had been reached, 400 participants had already signed up during pre- registration. In return for the increase in fees, the City had agreed to make some improvements requested by Little League to Congress Springs Park utilizing Park Development Funds. Although Little League had verbally agreed to the increase in fees, they did not want to commit to a contract until the City had completed its negotiations with AYSO in order to ensure that Little League would be charged the same rate as other sports leagues. Staff was unable to reach a similar agreement with AYSO. Instead, AYSO offered to contribute an additional $1,500 for their upcoming fall season pending board approval. Parks and Recreation Commission review The issue was next addressed by the Parks and Recreation Commission which agendized this item at their April 13 meeting inviting all sports leagues which contract with the City for the use of Congress Springs Park to attend the meeting. The Commission explained to the sports leagues that they were very supportive of their programs as demonstrated by their commitment to create additional with the use of the Park Development Funds. ( The Commission is in the process of retaining the services of a project manager to negotiate joint -use agreements for the use of new athletic fields.) Although the Commission understood the concerns of AYSO and Little League, they explained the challenge the City faces of maintaining its current inventory of parks while at the same time committing to build new park and recreation facilities which will increase the City's maintenance costs. The Commission further explained that the community needed to work with the City to arrive at a plan that will provide the best possible facilities for all while ensuring that new as well as existing facilities will be adequately maintained. Therefore the Commission's recommendation to Council is: "Charge user groups a $12 per participant fee for the use of Congress Springs Park for their upcoming seasons until further contract arrangements can be worked out with the project manager retained by the City to establish joint -use agreements with sports leagues and school districts for the maintenance of new fields that are scheduled to be created or renovated with Park Development funds. "(April 13, 1998) Council Meeting - (April 15, 1998) At the April 15`h Council Meeting, Larry Fine, Regional Commissioner of AYSO Region 27, addressed the City Council under Oral Communications and expressed his concerns related to the increase in fees as stated in his letter (attached). Council directed staff to include Mr. Fine's letter with this report and to address the comments that Mr. Fine had made in his letter. "Plus, Saratoga Little League has the exclusive use of the field for a longer period than AYSO, yet AYSO would be paying three times what Little League pays." Currently, both Little League and AYSO pay a flat rate of $1,500 per year for their respective seasons. The most recent figures shared with City staff shows that Little League has approximately 400 registered participants versus the 1,200 participants registered with AYSO. Under the current scenario Little League is being charged approximately $3.75 per participant for use of the park while AYSO is being charged approximately $1.25 per participant. Under the proposed scenario, AYSO would pay three times as much as Little League since AYSO has three times as many participants who create three times as much "wear and tear" on the park. This issue was discussed by the Parks and Recreation Commission and they felt that the only fair thing to do was to charge all user groups the same rate for use of the park. "The Cost to the City for the Sports Activities at Congress Springs Park is virtually nothing. If youth sports were to leave Congress Springs Park, the City would have the same cost of maintaining the park as it does now." The most recent detailed study which examined the cost to maintain Congress Springs Park was prepared by the City in 1994. Due to the short turn around time required to compile this report, staff will be referencing figures from that report computed by Bob Rizzo, the former Parks Superintendent. In 1994, the City estimated that it cost $63,550 annually to maintain Congress Springs Park. There are 9.97 acres at Congress Springs Park so it costs the City approximately $6,373 per acre to maintain. Under the current fee structure for use of the park, more than $60,000, or approximately 95% of the maintenance costs, are being absorbed by the City without factoring in inflation and increased costs in personnel, operations and materials over the past four years. Under the existing fee structure with both Little League and AYSO paying a flat fee of $1,500 each, they together contribute less than 5% of the costs to maintain Congress Springs Park. Under the proposed fee structure, with both Little League and AYSO being charged $12 per participant, together their contribution would account for approximately 30% of the costs to maintain Congress Springs Park with Little League contributing roughly 7.5% of the costs for its 400 participants, and AYSO 22.5% of the costs for its 1,200 participants. Although it is true that there would still be costs incurred by the City to maintain Congress Springs Park even if neither sports leagues utilized the playfields, it is inaccurate to assume that the City's costs would be the same. Congress Springs Park is heavily used by both AYSO and Little League. If neither sports league used the park, the "wear and tear" would not be as significant as it currently is and therefore would not require as much maintenance on the City's part. Over the past five years, the number of man hours devoted to the maintenance of the park has steadily increased from 900 per year to 1,123 per year, and yet the condition of the park is routinely criticized. Many of the problems related to the current condition of the fields are directly related to the fact that it is difficult for maintenance staff to care for Congress Springs Park since it is so heavily used. The fields are only unused from early December to early February and have little time to recover from the constant heavy usage. "Saratoga AYSO has approximately twelve hundred players each year, unfortunately we had to turn down approximately two hundred children last year for the lack of space. What is the alternative ?" As discussed at the Council joint meeting with the Parks and Recreation Commission on March 24, a good portion of the Park Development Fund will be used to address the needs of sports leagues, like AYSO, to construct and renovate baseball and soccer fields at school sites. If an agreement cannot be reached between the City, school districts and sports leagues concerning the ongoing maintenance of existing and new fields, then these new fields should not be built since the City will not have sufficient resources to maintain these fields alone. The maintenance of fields like Congress Springs Park is currently being funded in large part by the interest accruing in the Park Development Fund. As the fund is depleted, so will the funding for the maintenance of these fields. Council and staff have been mandated the unpleasant task of cutting funding for popular community programs and charging the public more to participate in community activities in an attempt to recover program costs that can no longer be solely supported by the City. The increased fee proposed by staff and recommended by the Parks and Recreation Commission is an attempt to do just this. FISCAL IMPACTS: If fees are not increased and the current flat rate of $1,500 is charged to both Little League and AYSO, the City will pay for approximately 95% of the costs associated with maintaining Congress Springs Park and the Sports Leagues will pay for less than 5 %. If the new proposed fee. structure is adopted, then AYSO and Little League together will contribute approximately 30% of the costs to maintain Congress Springs Park. ADVERTISING, NOTICING AND PUBLIC CONTACT: None CONSEQUENCES- OF NOT ACTING ON RECOMMENDED MOTION(S): Depends on Council's action. FOLLOW UP ACTIONS: In either scenario, staff will follow -up with Little League, AYSO and any other sports leagues requesting use of City parks in order to negotiate an agreement for future the use and maintenance of City parks and new facilities created through the Park Development fund. ATTACHMENTS: 1. Memo to Larry Perlin from Joan Pisani regarding the status of negotiations with Little League and AYSO dated March 5, 1998. 2. Most recent contract between the City of Saratoga and AYSO for the exclusive use of Congress Springs Park 3. Most recent contract between the City of Saratoga and Little League for the exclusive use of Congress Springs Park. 4. Letter addressed to Larry Fine from Larry Perlin dated April 1, 1998 regarding the upcoming Parks and Recreation Commission Meeting and the Adjourned Council Meeting of April 21, 1998 5. Larry Fine's letter read to the Council under Oral Communications at the Regular Council Meeting of April 15, 1998 TO: Lam, Perlin FROM: Joan Pisani SUBJECT: Lease Agreements With Congress Springs Park User Groups DATE: March 5, 1998 Per our conversation, I want to give you an update on negotiations with Saratoga youth sports organizations for use of Congress Springs Park. Listed below is the information regarding each group. SARATOGA LITTLE LEAGUE The city agreement with Little League expires on May 6, 1998. I first met with their representatives on December 17, 1997 and was hoping to complete the agreement with them before the start of their 1998 baseball season. At this meeting I was informed that their pre - registration was complete and there were 400 boys signed up to play ball. After a few meetings with their board it was decided. and agreed upon that Little League would pay $12 per participant the first year and then $15 per person for the next two years. This would be a substantial increase over the 51500 per year they currently paying . but in return the city agreed to make some improvements-at Congress Springs Park utilizing Park Development funds. This was agreeable to the Parks and Recreation Commission because improvement to existing city parks is Part of the projects approved by the council after the community workshop in June, 1995. One stipulation the Little League Board had was they do not want to sign a contract until the city completes the negotiations with AYSO. They want to make sure the participant fee formula for AYSO is similar to what they agreed to pay. SARATOGA AMERICAN YOUTH SOCCER ORGANIZATION The city agreement with AYSO expires on March 5, 1998. 1 met with their representatives on February 11 to negotiate their agreement. They were not happy that we wanted to use the same fee structure that we worked out with Little League because there are approximately 1200 children participating in soccer. They informed me that they paid $ 1500 in November, 1997 for their fall 1998 season. They felt that maybe they could give us another $1500 for the season , but they would need board approval to do so. They said their fees have already been set for next season, although I have checked with friends whose children participate in this program and signups have not begun nor have fees been advertised to their participants. The AYSO representatives felt they wanted to discuss this issue directly with the Council. SARATOGA PONY LEAGUE In my dealings with Little League I found out that Saratoga Pony League also utilizes Congress Springs Park. They work with Little League to schedule their games, but they have their own separate league and board. The city needs to work with this organization and secure a contract and collect fees. By not having a contract with them the city is not being indemnified. not do we know if they have the same level of insurance that we require other organized youth groups. The president of the Pony League is Ron Mosley and his phone number is 741 -5863. RECOMMENDATION My recommendation is that the Parks and Recreation Commission review the fee schedule for use of Congress Springs Park. The Commission could meet with all Saratoga youth sports organizations and make a decision on the assessment each should pay for use of this city park You will need to check with Irene, but I think this issue could be on the agenda for the next regular meeting in April. If you have any questions, feel free to contact me. Attachments: AYSO and Little League Contracts c1 - 4.1:x: ..� r TBIS AGREm[ENT, Py and between T= CITY 07 BARATOGA, a municipal corporat. o (*C ty") , and L$O ?66 _ ( "Little League ") , is made with reference to t2i� -�N I tdt8 r A. City is the owner of a public park located on Glen Brae Drive known as Congress Springs Park ( "the Park"), in which City has constructed facilities, including ballfields, a snack shack and parking areas. B. Little League has regularly utilized the Park for the conduct of games and practices during its season and desires to continue such use. C. Little League has constructed a building at the northwest corner of the Park which is used by Little League for storage purposes ( "the Storage Building "). D. Little League and American Youth Soccer Organization - Region 27 ( "AYSO ") jointly own certain equipment. installed within the snack shack. E. City and Little League desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Park. NOW, THEREFORE, TEE PARTIES HERETO RORLa AS FOLLOWS: 1. Times of use. Annually, Little League shall inform City as to the approximate starting and ending dates of its baseball season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement*of the season. Little League shall be entitled to the exclusive use of the ballfields and snack shack seven days per week during the conduct of its games and practices. At all other times, the snack shack shall be closed but the ballfields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of Cit7. City shall be responsible for the following: (a) Preparation of the turf outfields at the beginning of each season including over - seeding, fertilizing, and application of pesticide to control weeds in the infield areas. Thereafter general maintenance of the turf outfields including mowing, irrigation and maintenance of the irrigation system. Little League _ -1- shall make arrangements with City for a preseason inspection of the ballfields, at which time Little League shall advise the City of any objections to the condition thereof. (b) Providing utility services for the snack shack. (c) Removal of trash from the trash containers in the Park. (d) Maintenance of the restrooms within the snack shack and the exterior of the building. (e) Maintenance and changing of locks on the snack shack doors. (f) Installation and removal of home plate. (g) Field markings. 3. Responsibilities of Little League. Little League shall be responsible for the following: (a) Maintenance of i:he exterior/ interior of the block house (field H), interior of the snack shack and repair of the equipment within the snack shack owned by Little League and AYSO, together with general custodial care of the snack shack interior and general clean -up of the restrooms and storage room within the snack shack building. (b) Maintenance and repair of any item or piece of equipment directly related to use and maintenance of the Park by Little League, including outfield fences and new minor league temporary backstop and fencing. (field D) (c) Clean up litter and debris after; each game or practice and deposit of all garbage in the trash containers. (d) Maintenance of all three infields (turf and skin infields) (e) Maintenance of.the three _electronic scoreboards. (f) Damage or injury resulting directly or indirectly from baseballs exiting the park onto Highway 85, during Little League practices or games. -2- 4. Rental charge. In consideration for the additional maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, Little League shall pay a rental charge to City in the amount of-$1,500-00 for each season during the term of this Agreement. Such rental charge shall be due and payable on May 1st. S. Indemnification of City. Little League agrees to indemnify, defend and hold City, its officers, officials, employees, volunteers, boards and commissions free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park .by Little League, or from the performance by Little League -of its obligations under this agreement. 6. Insurance stequirements. Little League shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with Little League's use and maintenance of the park, ballfields and snack shack, and the performance of the obligations hereunder by Little League, its agents, representatives or employees. (a) Minimum Limits of Insurance Little League shall maintain limits no less than: 1. General Liability: $1000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California 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 following provisions: 1. General Liability Coverage. a. The City, -its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of Little League. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. -3- b. Little League's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance'saintained by the City, its officers, officials, employees or volunteers shall be excess of Little League's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall. not affect coverage provided to the City, its officers, officials, employees or volunteers. d. Little League's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that. coverage shall, not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (3 0) 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 .VII . (d) Verification of Coverage Little League shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. 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 Little League may make use of the park, ballfields or snack shack. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. -4- I 7. Tara of Igroment. This Agreement shall become effective upon execution by the parties and sba 31 ,. -- rmi .. iat . ow . Max_ .6 . I=. Little League may cancel this Agreement by giving written notice to City not less than sixty (60) days prior to the commencement of its season. City may cancel this Agreement by giving written notice to Little League not -less than one hundred twenty (120) days prior to the date on which the annual rental charge specified in Paragraph 4 would otherwise be due and payable. Provided, however, if City determines Little League is violating any of the 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 the giving of written notice to Little League to correct the violation, within thirty (30) days, Little League has not made the necessary correction. 8. Buccessors 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. Cancellation of prior agreement. This Agreement supersedes and cancels the prior agreement executed between City, Little League and other parties dated July 1, 1992 and the same is hereby declared to be of no further force or effect. iN NITNEBB *HEREOF, the parties have executed this Agreement the day and year first above-written. jw THE CITY Or BARATOGA, a m rp/ojration BY �l1/ /. Attest C ty Clorktq BA�t71T0 LITTLE LEAGUE BBBEBALL, INC. By Pros dent -5- Tm THIS AGREE11ENT, dated : 1296, by and between THE CITY OF SARATOGA, a municipal co1odtati Oil' ( "�i y ") , and ZCiY..YODTS B.Q ; -_ , . , Off - REGION 27 ("AYSO ") is made with "re ftGflCe' • to tle "iollovq facts: A. City is the owner of a public park located on Glen Brae Drive known as Congress Springs Park ("the Park "), in which City has constructed facilities, including multi -use fields, a snack shack and parking areas. B. AYSO has regularly utilized the Park for the conduct of games and practices during its season and desires to continue such use: C. AYSO and Saratoga Little League Baseball, Inc. ( "Little League ") jointly own equipment installed within the snack shack. D. City and AYSO desire to execute this Agreement to establish their respective rights and obligations concerning the use and- maintenance of the Park. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Times of use.. Annually, AYSO shall inform City as to the approximate starting and ending dates of its soccer season. Such notice shall be furnished to City at least thirty (30) days prior to the commencement of the season. AYSO shall be entitled to the exclusive use of the turf fields and snack shack seven days per week during the conduct of its games and practices. At all other times, the snack shack shall be closed but the turf fields shall remain open for use by the general public and organized activities as authorized by City. 2. Responsibilities of CitY. City shall be responsible for the following: (a) Preparation of the turf fields at the beginning of each season which includes overseeding and fertilization. Thereafter general maintenance of the turf fields including mowing, irrigation and maintenance of the irrigation system. AYSO shall ...make -arrangements with City for a preseason inspection of the turf fields, at which time AYSO shall advise the City of any objections to the condition thereof. (b) Providing utility services for the snack shack. (c) Removal of trash from .the trash containers in the Park. (d) Maintenance of the restrooms within the snack shack and the exterior of the building. 1 (e) Maintenance and changing of locks on the snack shack doors. (f) Installation and removal of goal posts. (g) Field markings. The City will provide to AYSO use of-athletic field power painting machine. 3. Responsibilities of &YBo. AYSO shall be responsible for the following: (a) Maintenance of the interior of the snack shack and repair of the equipment within the snack shack owned by Little league and AYSO, together with general custodial care of the snack shack interior and Qeneral clean -up of the restrooms anti atorp-cce room within the snack shack building. (b) Clean up of litter and debris after each game or practice and deposit of all garbage in the trash containers.. (c) Clean up litter and debris after each game or practice and deposit all garbage in the trash containers. (d) Damage or injury resulting directly or indirectly from soccer balls exiting the park onto Highway 85, during AYSO practice or games, by AYSO participants, parents, or volunteers. (e) All soccer field lines and markings are to be painted with approved athletic field marking paint on all soccer fields by AYSO or their representive. AYSO will not be allowed to use chemicals or any oils to burn in any lines or markings in the turf grass fields. 4. Rental charge. In consideration-for the additionni maintenance and other services provided by City, as hereinabove described, and for the exclusive use of the Park, AYSO shall pay a rental charge to City in the amount of $1,500.00 for each season during the term of this Agreement. Such rental charge shall be due and payable on December 1st. S. Z "aemaification of city. AYSO agrees to indemnify, defend and hold city, its officers, officials, employees, volunteers, boards and commissions free and harmless from and against any,and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the expense of attorney's fees for defending any action brought against City or any of its officers, officials, employees, volunteers, boards or commissions), arising out of or in any manner relating to the use and maintenance of the Park by AYSO, or from the performance by AYSO of its obligations under this agreement. 2 6. Insurance Requirements. AYSO shall procure and maintain for the duration of the Agreement "occurrence coverage" insurance against claims for injuries to persons or damages to property which may arise from or in connection with AYSO�s use and maintenance of the park, turf fields and snack shack, and the performance of the obligations hereunder by AYSO, its agents, representatives or employees. (a) Minimum Tdaits of in =AncP- AYSO shall maintain limits no less than: 1. General Liability: $10,000,000 combined single limit Per occurrence for bodily injury, personal injury and property damage. 2. Worker's Compensation and Employers Liability: Worker I s COApacssa �iun limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident, if applicable. (b) Other InsurAnce - Provisions, The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability Coverage. a. The City,. its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities Performed by or on behalf of AYSO. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. b. AYS019 insurance coverage 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 AYSO's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, Officials, employees or volunteers. d. AYSO'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 insurers liability. 2. Workers' Compensation and Coverage, if applicable. Employers Liability 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,-- voided, cancelled by either party, reduced in coverage or in limits except after thirty (3 0) 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) Vey f 4 m t_it;n If coverage, AYSO shall fu—::ish wit with certificates of insurance and with original endorsements effecting coverage required by this clause. 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 AYSO may make use of the park, fields or snack shack. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 7. Term of Agreement. This Agreement shall become effective upon execution by the parties and shall te�nate on March6. $. AYSO may cancel this Agreement ­by. giving, - written notice to City At less than sixty (60) days prior to the commencement of its season. City may cancel this Agreement by giving written notice to AYSO not less than one hundred twenty (120) days prior to the date on which the annual rental charge specified in Paragraph 4 would otherwise be due and payable. Provided, however, if City determines AYSO is violating any of the 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 the giving of written notice to AYSO to correct the violation, within thirty (30) days, AYSO has not made the necessary correction. 8. Buooessors 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. Cancellation of prior agreement. This Agreement supersedes and cancels the prior agreement executed between City, AYSO and other parties dated May 6, 1992, and the same is hereby declared to be of no further force or effect. 4 Zit HXTNE88 NEMREOF, the parties have executed this Agreement the day and year first above written. jw 5 REMCAH TOOTH SOCCER 11916 e I April 1, 1998 09UT o2 O&M&UQXRk 13777 FRUITVALE AVENUE • SARATOGA. CALIFORNIA 95070 • (408) 868 -1200 Larry Fine, President AYSO - Region 27 14075 Saratoga Avenue Saratoga, CA 95070 Subject: Renewal of Use Agreement for Congress Springs Park Dear Larry: COUNCIL MEMBERS Star B000sia- Pau, � JscoOS �..,,: Alorar, .r:n• Sr)au; Cora .. - I'VonP As you know, the agreement between the City and AYSO for the use of Congress Springs Park expired on March 6. Recently, Joan Pisani met with you and Mark Linsky, I believe, to discuss terms for renewing the agreement. During these discussions Joan expressed the City's desire to restructure the fee charged for the use of the park to a "per- participant" charge rather than the current flat fee of $1,500 per season. In fact, this is what Joan had previously negotiated with Saratoga Little League in December for their upcoming season although Little League's agreement doesn't expire until May 6. What Little League tentatively agreed to pay was $12 per participant for the current year, and $15 per participant for each of the next two years. As I understand from Joan, as well as from subsequent conversations with you, AYSO is not prepared to renew its Use Agreement with the same fee structure committed to by Little League. The greater number of participants in soccer (1,200) vs. baseball (400), the shorter season, and the fact that not all soccer participants use Congress Springs Park are several of the reasons you offered for why AYSO feels it should be treated differently than Little League. Instead, you have suggested to me that AYSO's current agreement be extended for one additional year, presumably to allow enough time to negotiate a new agreement for future years. The decision to either extend or renew AYS0's Use Agreement rests with the City Council. Prior to taking any action however, the Council will want input from the Parks & Recreation Commission. By copy of this letter, I am requesting the Commission place this matter on their April 13 meeting agenda for consideration and development of a recommendation to the City Council for the adjourned meeting of April 21. A copy of the Commission's agenda will be sent to you by their staff liaison, Irene Jacobs, prior Printed on recycled paper. to their meeting. If there are any materials you want to provide to the Commission with their agenda packets, please forward them to Ms. Jacobs no later than April 7. Before closing, I would like to remind you of the effects that the repeal of the Utility Users Tax has had on the City's ability to continue providing support for all forms of recreational, cultural and social services in the community. Since the repeal of the tax, the City Council has had to increase fees across the board for all recreation services, cut programs and support for teens and seniors, and raise fees for the use of City owned facilities and parks. Thus, it should come as no surprise that the City is expecting a greater contribution from the sports leagues which use City parks to help defray the cost of.maintaining the parks. The proposed fee structure discussed with you is modeled after the fee structure enacted several years ago for rental of the Civic Theater, the revenues from which are used to offset maintenance and capital upgrades of the Theater. Looking ahead, the increased revenues collected from sports league participants will become even more critical as the City launches a major effort to build new athletic fields on school properties throughout town, some of which will specifically benefit AYSO, but most of which will likely need to be maintained by the City. Hopefully, this helps to better explain the need for and reasons behind the proposed fee increases. Sincerely, Larry I. Perlin City Manager cc: Parks & Rec. Commission Irene Jacobs Joan Pisani Saratoga City Council April 15, 1998 I do not feel the children of Saratoga should have to pay "extra" to use their park in their City.- Saratoga AYSO currently pays the City, an behalf of the children, for the children to utilize their own park. In addition to the payment, many of the approximately 800 AYSO volunteers also work on the fields at the park to make them safe and playable. Saratoga AYSO, on behalf of the children, is willing to pay additional funds to the city to help the city with its cash shortfall. Prior to reaching an agreed to amount that should be paid, it is believed that representatives from AYSO and the City Council should meet and discuss what is reasonable and fair to all parties. WE KNOW THAT AN INCREASE FROM S1500 PER YEAR TO OVER 514,400 THIS YEAR AND A STEADY INCREASE TO OVER S24,000 IS NOT REASONABLE Under the City staff recommendation we would have an immediate increase of approximately 965% while at the some time the level of field support and maintenance has fallen steadily over the past several years. The fee agreed to should be a flat fee. There are children who do not play at Congress Springs Park, there are children who receive scholarships, there are some that receive refunds. This is an all - volunteer organization and the accounting would be difficult. Plus, Saratoga Little League has the exclusive use of the field for a longer period than AYSO, yet AYSO would be paying three times what Little League pays. If the youth sports were to leave Congress Springs Park, the City would have the same cost of maintaining the park as they do now. While there is more use, volunteers, associated with the sports groups, do a lot of work on the field, which the City would have to do. THE COST TO THE CITY FOR THE SPORTS ACTMTIES AT CONGRESS SPRINGS IS VERTURALLY NOTHING. It should be noted that the recreational programs provided by the city currently loose money. The plan is to gradually increase the city recreation program fees by 8% a year to try and cover the city costs. The City staff is claiming that the cost to maintain Congress Springs Park is $10,000 per acre and that there are 8 it or $80,000 per year. If this figure is accurate, it is loaded with indirect cost for the sole purpose to collect funds, from the children, to help the City's general fund. The City should be very proud to have such a fine sports activity, as Saratoga AYSO, in its community. Saratoga AYSO has approximately 1200 players each year (this amounts to about one half of the Saratoga School population), unfortunately we had to turn down approximately 200 children last year for lack of space. What is the alternative? Instead of having a safe beneficial after school activity, these children could be on the streets, of Saratoga, looking for something to do. Is the City going to charge everyone that uses the park? In addition to the many individuals, families, Saratoga Little League and AYSO, there are other groups, for example theme is a Dog walking group that . meets every morning at Congress Springs. Are they going to be charged? If so, how will they be assessed? Why are children's sports, which should be encouraged, penalized? Why has there been so reasonable discussions as to what would be fair to all? Why is the City staff dictating a new starting fee with an increase of 965% with the intent to raise it •a total of 1600 % ?, It appears that since the use of this community park, by the children, cast the city nothing, this must be in retaliation for the voter's actions regarding the utility tax. Studies continually prove that sports sad other recreational activities keep kids out of trouble. Why is the City staff penalizing organized sports for the children? Should not the city be doing everything poskible to support activities, which provide a safe and productive environment for the children instead of discouraging such activities? Will the city be willing sad able to provide better and safer fields at Congress Springs Park; should the sports activities be charged more? R ly Regi al Commissioner Saratoga AYSO Pwgiion 27 Cc: Saratoga News BEALS Meeting Agenda LANDSCAPE ARCHITECTURE INC. Meeting Type: Pre - planning meeting Meeting Date: Thursday, April 23rd, 1998 Time Allotment: 9:00am - 11:00am Project Name: Consultation with the City of Saratoga Meeting Location: City offices Project Ref. No.: 98 -12 Facilitator: Jay Beals, BLAi Recorder: Allison Yamamoto, BLAi Time Keeper: Allison Yamamoto, BLAi Meeting Context: Beginning of a process to develop a partnership and joint -use agreements. Meeting Purpose: Discussion of the process and desired outcome. Intended Results: 1. Determine the needs of the City, the School District and various user groups. 2. Determine the Scope of Work for Beals Landscape Architecture, Inc. 3. Determine the timeline for the project. I. INTRODUCTIONS II. PROJECT OVERVIEW A. Recent history B. Review sites: Location and service area C. Review funding opportunities D. Review maintenance options III. DETERMINATION OF CONSULTANT SCOPE IV. ROLES AND RESPONSIBILITIES A. City of Saratoga B. Saratoga School District C. Various User Groups T" D. Consultant V. TIMELINE/ SCHEDULE VI. DESIRED END RESULT: Mission Statement VII. NEXT MEETING End of Agenda F:Uobs98198 -12 Saratoga ConsukinglMeeting ItemsWtgAgenda Pre - planning 4.23- 98.doc TWO NORTH MARKET • FIFTH FLOOR • SAN JOSE, CA • 95113 • PHONE 408 - 287 -4202 • FAX 408- 287 -0165 • LIC. NO. 1534 �O ,V LETTERS Children are citizens of Saratoga, too I am absolutely outraged. Of all the crappy things that our governments do to people, messing around with kids is the most appalling. What in the world should be the primary focus of city government? No.1 is the safety and well being of the cit- izens of that city. Children are citizens of Saratoga, and an integral part of their well being is a place to play. I was astounded to find out that the city charged anythingfor the use by AYSO and Little League of the Congress Springs facil- ity. AYSO and Little League are our chil- dren! What in the hell am I paying taxes for? I am an AYSO coach and a Little League coach. I, like every other volunteer, pour time, money and energy into the programs for the sole purpose of enriching the lives of our children and the friends they play with. It is incredible the amount of volunteer work involved in these two programs. Lit- erally hundreds of volunteers spend thou- sands of hours to support these programs, and here we find the city government try- ing to figure out how to make it an income - producing venue. Congress Springs belongs to the people of Saratoga, not the city [government]. I don't care what it cost to keep the fields in 20=SARATOGA NEWS APRIL 29,11-998 order; the city should pay it and be happy about it instead of asking for a 1,000 per - cent increase in fees. I, for one, would like to see a public detailed accounting of the supposed $80,000 the city spends to keep the fields in order. How much did the city spend to devel- op the facility? My bet is it was not much. I don't know this for a fact, but my guess is that the facility was developed through individual and business contributions. That this discussion is even occurring leads me to think that the whole City Council needs a swift kick out the door. DENNis FARMER El Camino Grande ti �1cu✓a— �U�' �.�" "' z% 14'1 City gives youth sports teams a reprieve for the time being Maintenance an issue By SARAH LOMBARDO Saratoga youth sports leagues won't have to pay higher fees to use Congress Springs Park this year. But next year could be a different story. The Saratoga City Council, going against a recommendation by the Parks and Recre- ation Commission, agreed April 21 to keep fees for the Saratoga Little League and the American Youth Soccer Organization at the same $1,500 flat rate for the 1998 sea- sons, and to ask a soon -to -be -hired consul- tant to begin negotiations with the leagues for following years. The Parks and Recre- ation Commission had recommended that fees be increased to $12 per child for this year and that the new consultant begin talks with the leagues for future years. Original proposals called for fees to be raised to $15 for next year's seasons, with an ultimate increase to $20 per player in future years. Little League officials had agreed to such an arrangement earlier this year, on the condition that improvements be made to the park and that AYSO also agree to the deal. AYSO didn't. Larry Fine, a regional commissioner for AYSO, said the increase —from the cur- rent $1,500 per season the league pays to an estimated $14,400 for the first year — was too high. Fine questioned how much the city actually spent on the parks and said it was unfair to target the teams when they aren't the only ones who use the park. But city officials pointed out that the fee - increase picture was larger than the maintenance of the almost 10 -acre park. City Manager Larry Perlin said money from the fee increases not only will go to Congress Springs upkeep, but will also help maintain future fields slated to be built at several local school sites. If the city can't afford to maintain the new sites, they will not get built, Perlin said, stressing that the city must raise fees for that purpose. Parents seemed to question that rea- soning, complaining the city doesn't main- tain Congress Spring Park to their league's safety standards as it is. "You don't really think that there's any- one here who wants the conditions you're talking about, do you ?" Councilmember Paul Jacobs asked the crowd. "The reason the fields are in such bad condition is that we don't have the money to maintain them. You come to us and say, `Hey, we don't have the money for this.' And we have to say, `Hey, we don't have the money, either. "' Councilmember Gillian Moran said the 1997 loss of the utility -users tax led to reduced maintenance throughout the city. Most of the almost 30 parents who showed up at last Tuesday's meeting —some with soccer - uniformed children in tow — said they understand that increases are nec- essary but added that they were not includ- ed in talks and that the sudden announce- ment of the increases caught them off guard. Fine said that although he was aware increases were being talked about, the deal even took him by surprise. "There were no negotiations— none," he said. "I was basically called and told the fees would be $12, then $15, then $20." Officials said discussions with both leagues would begin in the next month. Vol. 45, No. 16 Wednesday, April 22,.1998 BELT-TIGHTENING PLAYS -ITSELF OUT ON YOUTH SPORTS' PLAYING FIELDS AYSO, Little League protest a proposed increase in fees Per -child formula suggested By SARAH LOMBARDO I Things are heating up between the Saratoga Little League, the Amer- ican Youth Soccer Organization and the city —and it's not on the playing fields. But it is about the playing fields. The city wants to change how the youth sports orga- nizations pay for their use of the fields at Congress Springs Park. Currently, the groups pay the city a $1,500 flat fee for exclusive use of the fields for their seasons. For the Little Leaguers, that came out to about $3 per child; for AYSO, it was about $1 per child. But now the city wants to charge the groups on a per -child basis and to increase the amount to $12 per child this year and $15 per child next year. It's a move city officials say is necessary to maintain the fields at Congress Springs Park —and future fields ' in light of the city's tightened belt in the wake of the 1996 loss of the utility -users tax. But officials for both leagues say it's too much and that the city is trying to raise money through the city's children.. "You're trying to raise money on the backs of these children," Larry Fine, region- al commissioner for Saratoga AYSO, told the Parks and Recreation Commission April 13. "Let's all be reasonable and remember that this is for the kids. The commission voted to recommend to the City Council that an agreement with the sports groups for $12 per child for the Please turn to page 10 Fee Increases Continued from page 1 first year be implemented and that a new project manager =in the process of being hired — negotiate an agreement for future years. The issue was scheduled to come before the council April 21. Fine pointed out that the increase rep- resents a j ump from the $1,500 fee to more than $14,000 for AYSO. In addition, Fine said AYSO already paid the city for this year's season with a check for $1,500 that was cashed last November. City staffers admitted the check was cashed but said it doesn't preclude the city's requiring more under a new contract. Saratoga recreation director Joan Pisani was instructed by the City Council last year to look into renegotiating the contracts - with Little League, which expired in March, and AYSO, which will expire in May, to help cover the costs of maintaining the playing fields. Pisani and Saratoga Lit- tle League president-Susie Dymoke had reached.a verbal agreement in recent weeks for the increase, on the condition that certain improvements be made to Congress Springs Park. AYSO, however, didn't like the agreement, claiming it was _ too high for playing fields that they say are not kept up properly by the city anyway. And that, apparently, caused Little League officials to rethink their agreement and bring it back before city staffers. Fine said he wants to go back to a flat - fee rate. But city staffers said that would mean that Little League, which has fewer. players than AYSO, would end up paying a higher per - player rate. Dymoke said she would not be opposed to an increase, but "we certainly don't want to pay more than Little League." And both Dymoke and Fine agree that the fields are noLmaintained as well.as they would like now, and they questioned what kind of maintenance will be provid- ed for the increase in fees. According to commission estimates, it costs the city about $10,000 pet acre to keep up the playing fields. With eight acres at Con- gress Springs, that's $80,000 a year. Park fees hl'* ke delayed 0 Saratoga: Officials, youth sports leaders will negotiate costs. BY CONNIE SKIPITARES Mercury News stuff reporter Saratoga officials have decided not to impose a stiff increase in fees charged to youth sports leagues that use city parks — at least through the end of this year. But officials do want to meet with league representatives within the next month to talk about an increase for next year and after. City officials had proposed that the youth soccer and baseball leagues that contract with the city to use Congress Springs Park pay near- ly seven times what they currently pay. The $3,000 fee — $1,500 paid by each sport — goes toward paying for grooming and maintenance for the exclusive right to use those fields several days a week ftr child basis The city wants the sports leagues to start paying about $20,000 a year. The fees would be assessed on a per - child basis. In the first year, the city Proposes charging $12 per child, with the figure gradually going. City officials say they need the money to continue maintaining the park and to put funds aside for future park development for more fields at the schools. Also, the city's budget has been ailing since the utility tax was turned down at the polls last year, and city officials are looking ev- erywhere for new funding. Soccer officials say the number of lads who sign up for soccer alone has doubled over the last several Year$ and this year they.had to tlrm away 200 Mdien berm 4" 'of I4fift'AtIft' ikbout41 Ob d ftlift are expected to sign up this year for soccer, which is played in the fall. Some 480 children are playing little League baseball this spring. Sports league officials, saying they'd like to strike a compromise, have told the city they're willing to increase their fee to $5,000 per year to play on the fields. They also told the council at a meeting Tuesday night that they could come up with a gardening service that could provide park maintenance. "We know it doesn't cost the city that much to maintain the park, so we don't think it's fart to have to pay that much more," says Larry Fine, a regional commissioner with the AY SO soccer league. "Most people in Saratoga can pay the extra $12, but it's the principle. It seems like they're penalizing us." Volunteer help Fine says the leagues also form volunteer groups among parents to do additional field maintenance, which helps out the city. Officials say the $3,000 the two leagues pay falls short of mainte- nance and operating costs for the 9.9- acre Congress Springs Park They say it takes $63,000 a year. The sports groups say that if the city wants them to pay more for use of the fields, then it's only fair to charge other groups that regularly use the fields, such as girls softball leagues and even a dog-walking group that shows up at the park most days, Fine says. City Manager Larry Perlin said the city decided to extend the current fees through the end of the year to give the sports groups and the city time to negotiate an agreement. 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